AUGUST 17, 2015
The Council of the City of Augusta, Kansas met in regular session on August 20, 2015, with Mayor Matt Childers presiding. Council present were Cale Magruder, Jason Lowery, Paul Belt, Jamie Crum, Tom Leffler, Mike Rawlings, Ron Reavis and Justin Londagin. Also present: City Attorney Austin Parker, City Manager Josh Shaw, Assistant City Manager Cody Sims, Public Works Director Jaime Goering, and City Clerk Erica Jones. Visitors present were: Belinda Larsen, John Black, William Morris, Clint Headley, Erik Birk, Sarah Hoefgen, Angie Johnston, Frank Walker, Kelli Malm, and Kelly Modlin.
Pledge of Allegiance
Prayer: Councilman Cale Magruder gave the invocation.
Minutes: Leffler made a motion to approve the minutes from the August 3, 2015 Council meeting and August 10, 2015 Special Council meeting. Belt seconded the motion. Motion carried without opposition.
Ordinance 8: Rawlings made a motion to approve Ordinance 8 in the amount of $529,904.75. Lowery seconded the motion. Motion carried without opposition.
Angie Johnston, representing Augusta High School Booster Club, was present to request approval for a bonfire at the front of the City Lake Peninsula on September 2, 2015 for a pep rally. Crum made a motion to approve the request for a bonfire at the front of City Lake Peninsula on September 2, 2015 for a pep rally. Lowery seconded. Motion carried without opposition.
Clint Headley was present to request approval to landscape in the city right of way. The Council did not approve the request but Childers stated if he has other ideas in the future to bring them back to the Council.
Kelly Modlin was present to request approval for the 2nd Annual “Steaks on the Bricks” to be held downtown on October 23, 2015. Reavis made a motion to approve the request for the Steak on the Bricks event. Leffler seconded the motion. Motion carried without opposition. Lowery made a motion to approve Resolution 2015-13 approving the sale and consumption of alcohol at a special event pursuant to Kansas Statute. Belt seconded the motion. Motion carried with Magruder voting in opposition.
Kent Algrim, owner of the RV business across from the Municipal Airport, addressed the governing body regarding the FAA’s requirement that his building be moved or relocated. Algrim stated he received a permit to build his building there and doesn’t see any purpose or any gain in addressing this from an adversarial point. Parker stated the permit is in the form of a letter and doesn’t speak to future requirements. He stated the city had no interest in doing anything until the FAA told us we had to. Parker stated the airport runs under FAA regulations and they have the authority to change those regulations.
Water Distribution Backhoe Bids: Reavis made a motion to table this agenda item. Lowery seconded the motion. Motion carried without opposition.
Frisco Depot Restoration Project: Council discussed the Frisco Depot Restoration project and the options discussed with KDOT to proceed with the bid process. Shaw stated there are two options, accept the low bid which would result in an estimated additional cost to the City of $26,000 - $30,000 or reject all bids and rebid which would add another 30-45 days to the process before an award is made. Staff thinks there may be better cost benefit to the City to reject the bids and rebid. Magruder made a motion to reject all bids and rebid. Belt second the motion. Motion carried without opposition.
Fireworks Refund Policy: Staff stated they received a request from the Augusta High School Band for the City to refund a portion of their fireworks stand permit under the fireworks refund policy to assist with their band trip. Shaw stated the current policy states that up to $2,500 of the permit fee may be refunded if it is to be used for improvements to a city facility. He stated that last year the Council did a waiver to allow Lion’s club to use the funds for police ballistic vests. Lowery made a motion to waive policy requirements in support of the AHS Band. Motion died from lack of a second. Reavis made a motion to deny the request. Magruder seconded the motion. Magruder suggested revisiting the policy next year and consider lowering the permit fee for non-profits. Motion carried with Lowery voting in opposition.
Federal Aid Construction Engineering Inspection Agreement with KDOT and WMA Architects: Londagin made a motion to table this agenda item until the next meeting. Lowery seconded the motion. Motion carried without opposition.
Electric Utility Easements in Support of Infrastructure Enhancements on Ohio Street: Leffler made a motion to accept an electric utility easement at 463 East Broadway Avenue needed to support infrastructure enhancements on Ohio Street. Reavis seconded the motion. Motion carried without opposition.
Schedule Public Hearing to Consider a Waiver of Distance Limitation for a Drinking Establishment at 430 State Street: Reavis made a motion to schedule a public hearing on Tuesday, September 8th at 7:00 p.m. at City Hall to take input and comment on a Waiver of Distance Limitation for Sugar Shane’s Café located at 430 State Street. Leffler seconded the motion. Magruder asked staff to notify the church of the public hearing. Motion carried without opposition.
2015 Community Christmas Tree Purchase: Rawlings made a motion to approve the purchase of a 20 foot pre-lit Oregon Cascade Fir Christmas Tree from Chrystal Valley Decorating in the amount of $13,441.40. Lowery seconded the motion. Motion carried without opposition.
Matters From/For Council:
Reminder of the 2015 League of Kansas Municipalities Conference in Topeka, KS at the Capitol Plaza Hotel & Kansas Expocenter October 10-12.
Informational Memorandum and Final Comments:
Reavis: Reavis inquired about the City’s options to increase court fees collection. Jones stated a collection agency is being used now. Reavis asked if there is any council or staff support allowing for fishing at the city lake again. He stated there are some pretty big fish in the lake now and suggested allowing fishing by Augusta residents, catch and release only. Belt stated the Park Board is following the Kansas Department of Wildlife and Parks recommendation which would open it back up for fishing next spring. He stated the Park Board was presented this option and it was voted down. Reavis stated he spoke to a couple fishermen about catch and release and they said it isn’t a good thing and it would add another enforcement issue. Crum stated when the guy from Wildlife and Parks came to speak to the Council he said things were moving forward quicker than anticipated. Shaw stated that we are only six months away from opening it up. Londagin asked to bring it back to the Park Board to see how they vote. Reavis asked if the city could ask a fish biologist for his opinion.
Belt: Belt stated he was asked by a citizen if the City would allow people within the City’s growth area to put a boat on the lake. Shaw stated that sounds like an issue for the Park Board to revisit.
Magruder: Magruder made a motion for a 10 minute break after the Final Comments and before the Executive Session. Belt seconded. Motion carried with Crum voting in opposition.
Childers: Childers asked if the floor plans for Depot could be put online. Shaw stated he could put basic floor plan on the website.
Londagin: Londagin asked if there is an ordinance or regulations about blowing grass to the street. Shaw stated it is a violation. Londagin asked if we are doing anything with regard to this. Shaw stated it is prevalent. He stated we need to inform them that it is a violation because many may not know that it is, but there have been bigger code enforcement issues taking priority.
Council recessed at 8:44 p.m. Council returned at 8:54 p.m.
At 8:54 p.m. Lowery made a dual motion to go into executive session for 60 minutes under the attorney-client relationship exception to the Kansas Open Meetings Act and to discuss personnel matters of non-elected personnel. Lowery asked that City Manager Josh Shaw, Assistant City Manager Cody Sims, and City Attorney Austin Parker join the Council in executive session. The governing body will reconvene in the Council Chambers at 9:54 p.m. Londagin seconded the motion. Motion carried without opposition.
At 9:54 p.m. Lowery made a motion to exit executive session with no action being taken. Londagin seconded the motion. Motion carried without opposition.
Leffler made a motion not to accept the NITU for the City’s portion of the Rails to Trails initiative past the west side of the Whitewater River. Belt seconded the motion. Motion carried with Magruder voting in opposition,
Adjourn: At 9:56 p.m. Lowery made a motion to adjourn. Leffler seconded the motion. Motion carried without opposition.