Minutes - August 6, 2018
The Council of the City of Augusta, Kansas met in regular session on August 6, 2018, with Mayor Mike Rawlings presiding. Council present were Cale Magruder, Eric Birk, Jamie Crum, Paul Belt, Tom Leffler, Kip Richardson, Justin Londagin and David Bates. Also present: City Manager Josh Shaw, City Attorney Austin Parker, Assistant City Manager Cody Sims, Director of Public Safety Bob Sage and City Clerk Erica Jones. Visitors present were: Susan Smith, Belinda Larson, Connie Thurman, John Black, Sarah Hoefgen, Officer Brian Smith, Sergeant Highbarger, Officer Danny Strobbe, Scott Stueven, Shannon Stueven, Ashlee Sims, Maddy Sims, Keeton Sims, Brooklyn Sims, Trudy Jacobson, Kathy Oliver, Sharon Wheeler, Alan Gehlen, Roger Cutsinger, Brian Begley, Patricial Begley, Kathy Oliver, Sharon Wheeler, Trudy Jacobson, Catherine Woods, Cambriane Bruce, and Josh Whiteside.
Pledge of Allegiance
Prayer: Councilman Cale Magruder gave the invocation.
Councilman Londagin announced his resignation from the Council as he is moving to Denver with his family to pursue an opportunity there. He stated it has been a privilege to serve the community the last two years. It was not always easy to make decisions, but they were made in the best interest of the city. Londagin thanked his fellow council members and stated that while they did not always agree and sometimes things would get heated, they would always leave the meeting and shake hands and wish each other a good night. He thanked staff for what they all do and all the front line employees for what they do because without them we do not have a city. Londagin stated he would miss everyone.
Chief Bob Sage was present to recognize and honor Officers Doug Wright and Brian Smith with the "Life Saving Award" for their efforts in saving a human life on July 24 in response to a call from Mr. Patrick Alfrey's complaint of difficulty breathing. Scott Stueven, Executive Director of Butler County EMS, was also present to recognize the Officers and EMS personnel Catherine Woods and Cambriane Bruce who also responded to the call.
Minutes: Belt made a motion to approve the minutes from the July 16, 2018 City Council meeting, the July 30, 2018 Special meeting minutes and July 30, 2018 Budget work session. Leffler seconded the motion. Motion carried without opposition.
Ordinance 7 A: Belt made a motion to approve Ordinance 7A dated 7/25/2018. Crum seconded the motion. Motion carried without opposition.
Connie Thurman, Downtown Augusta, Inc. Executive Director, was present to introduce the Adopt-a-Pot Contest winners and Mayor Rawlings presented award certificates and checks.
1 st Place - Trudy Jacobson
2nd Place - Johnna Smith
3rd Place - Kathy Oliver and Sharon Wheeler
Honorable Mention - Ashlee Sims and Windswept Salon/Ashley Evenson
Sarah Hoefgen, Augusta Chamber of Commerce Director, was present to discuss Augusta's 150th Celebration events, specifically the insurance requirements for the inflatables.
Final Plat and Zoning District Reclassification for Begley Ranch Addition: Crum made a motion to accept the Augusta Planning Commission's recommendation to approve the Final Plat prepared by Savoy Company for Begley Ranch Addition located in the Growth Area at SW 70th Street and Shumway Road. Belt seconded the motion. Motion carried without opposition.
Crum made a motion to accept the Augusta Planning Commission's recommendation to approve a zoning district reclassification from AG-2 to R-6B for Lots 1-2 of Begley Ranch Addition by approving proposed Ordinance No. 2137. Belt seconded the motion. Roll Call: B irk Yes, Magruder Yes, Belt Yes, Crum Yes, Richardson Yes, Leffler Yes, Bates Yes. Motion carried without opposition.
Crum made a motion to accept the Augusta Planning Commission's recommendation to approve a zoning district reclassification from AG-2 to R-6C for Lots 3-5 of Begley Ranch Addition by approving proposed Ordinance No. 2138. Belt seconded the motion. Roll Call: Birk Yes, Magruder Yes, Belt Yes, Crum Yes, Richardson Yes, Leffler Yes, Bates Yes. Motion carried without opposition.
Conduct Public Hearings for the Condemnation of a Single-Family Residential Structure and a Detached Residential Garage Structure Located at 432 East Broadway Avenue and Consider Resolutions Authorizing Condemnation: Alan Gehlen addressed the governing body. When asked how long he would need to complete the work Gehlen stated it would take 30-60 days. Parker stated that if substantial progress is made the Council could provide an extension beyond the 30 days provided in State statute. The public hearing was closed after no other interested parties stepped forward.
Magruder made a motion to approve Resolution No. 2018-21 authorizing the condemnation of a single-family residential structure located at 432 East Broadway Avenue pursuant to the provisions of K.S.A. 12-1750 et seq. Leffler seconded the motion. Motion carried without opposition.
Magruder made a motion to approve Resolution No. 2018-22 authorizing the condemnation of a detached residential garage structure located at 432 East Broadway Avenue pursuant to the provisions of K.S.A. 12-1750 et seq. Leffler seconded the motion. Motion carried without opposition.
Belt made a motion to change the date in both resolutions to September 4. Crum seconded the motion. Motion carried without opposition.
Water Fountain Purchase Options in Shryock Park: Crum made a motion to approve the Pro Drinking Fountains water fountain with the bottle filler, ADA accessible fountain and dog bowl fountain $4,016.03. Birk seconded the motion. Motion carried without opposition.
Authorize Donations of Lost and Stolen Bicycles to the American Legion Post and Auxiliary: Belt made a motion to approve the Public Safety Director's recommendation to donate approximately 40 found, lost, and/or stolen bicycles to Gary Rogers of the American Legion Post and Auxiliary to refurbish and redistribute the bicycles to children in need pursuant to Chapter 7, Article 5, Section 7-507 of City Code. Crum seconded the motion. Motion carried without opposition.
Discussion Regarding Curb and Gutter Repair Work for 2017 Street Sales Tax Projects: Crum motion to approve $41,506.50 for additional curb and gutter work. Magruder seconded the motion. Motion carried with Leffler voting in opposition.
Matters From/For Council and Informational Memorandum:
City Manager: Shaw reminded everyone of Special Meeting scheduled for 6 p.m. on August 13 to conduct the public hearing for the 2019 Budget.
Rawlings: Rawlings stated there are several things in our capital improvement projects such as the raw waterline to EI Dorado that the public does not always hear about but there is work going on with them. Other items include a Skate Park, Santa Fe Lake dam, milfoil issue, Pool deck, etc. He stated it takes a lot of time to get these things done.
Tom Leffler: Leffler inquired about the Paychex HRIS Software Termination. Leffler stated that staff brought a proposal for Paychex to the governing body in 2016 stating that it would result in a cost savings and improved efficiencies. He stated that there was mention in one of the recent work sessions that the payroll system with Paychex was being terminated and they were switching to a new vendor. Leffler asked why this change was not brought to the governing body as it was back in 2016. Shaw stated the original proposal with Paychex was brought to the governing body for approval because it was not something that had been included in the budget at that time, but because of the retirement of a long time employee an opportunity to make a change presented itself. He stated that because of the cost and the fact that it had not previously been budgeted for, he felt it was appropriate to take it to the governing body for approval. Shaw stated that the Paychex system was oversold by the vendor as a unified system that worked well across many functions, but that it was actually several companies that had been purchased handling different modules of the system and they did not work with one another. He also stated that the modules did not work as they were promised to work and several of them were never implemented for that reason, but that the cost for the few modules being used was higher than the entire package was quoted. He stated that they failed to properly pay and report taxes on behalf of the city causing penalties to be assessed. Shaw stated that the cost of the software has been included in the budget since 2016 and the new software's cost was within the budget, actually a little lower. The scope of the software is essentially the same as with Paychex, just through a different vendor. For these reasons he did not bring the change back to the governing body for approval. He stated there are often times that vendors for software or other services such as janitorial services and uniform contracts are changed and as long as they are included in the budget and not a completely new item, he does not usually present it to the council for approval. He stated if the governing body wants him to bring these types of operational changes to them for approval he will. Shaw stated that it is probably time for the City to consider adopting a purchasing policy. The Council agreed. Rawlings thanked staff for fixing it. Shaw commended Jones and her staff for all that they have worked through with the software.
Birk: Birk inquired where we are with the trees on South Ohio. Shaw stated he needs to follow up with the tree vendor and work with them heading into the fall season. Governing body consensus was to put it out to bid.
Belt: Belt thanked WFO Car Guys for putting together another good car show. Crum: Crum thanked Sims and Parker for working with Heather Bruangardt in her move downtown.
Crum made a motion to waive the $500 conditional use fee. Parker stated there was an existing Davis Dance and it had been grand fathered in because she moved from one downtown space to another. But then she moved onto 7th Street and lost her conditional use grandfathered status. He stated that she now wants to move back downtown. He stated that right now most everything that goes into the downtown requires a conditional use permit. He stated there had been confusion on her end and that she still wants to go into the downtown district, but that the cost is an issue. Parker stated that the Conditional Use permit will delay the project 25 days, but we are going to allow her to purchase building permits tomorrow contingent on the approval of the conditional use permit. She will still have to pay the $250 ownership encumbrance report but she has requested the $500 conditional use permit be waived. Sims stated the $500 fee is listed in our fee schedule resolution. Shaw stated that with zoning you have different zones designated for different purposes, and that there is a bullet point list of what is allowed in each of the zones and a provision that anything not explicitly allowed requires a condition use permit to be issued. Staff is required to enforce this process. Shaw stated that staff is going to recommend this process be streamlined when the city updates its zoning regulations. Rawlings stated there were specific businesses we did not want in town, let 'alone in our downtown, but we could not be discriminatory. He stated that allowing a dance facility could include a variety of business types, so some business types were left off of that list as not to be considered discriminatory. Bates seconded the motion. Motion failed with Bates and Crum in favor and Birk, Magruder, Belt, Leffler and Richardson voting in opposition. Motion failed.
Rawlings: Rawlings reminded everyone to vote tomorrow.
Leffler: Leffler thanked Birk for bringing up the trees. He thanked Brian Windsor for cleaning up the trees at the old Walmart. Leffler stated that Friday when they were putting the millings down west of the Play Park they covered up the sidewalk from the handicapped parking stall to the fishing dock. He stated that needs to be fixed.
Bates: Bates inquired about a stop sign at Susan and Arnold and asked where we are at on that. Shaw stated that from an engineering and accident perspective it is not needed. He stated that from staffs perspective, our recommendations are made from safety, accident and engineering data. Over signage can be a detriment. Shaw stated he thinks staff spoke to the engineer and from the engineering perspective; there was no data to recommend a stop sign there. He stated that the council can request a stop sign but staff would suggest that it is not merited based on the data.
Rawlings concurred that in the past it has always been based on engineering data. Rawlings: Rawlings inquired about all the traffic count equipment around town. Shaw stated he believes it is KDOT conducting traffic counts.
Adjourn: At 9:07 p.m., Bates made a motion to adjourn. Leffler seconded the motion. Motion carried without opposition.