City Council - Regular Meeting

Good evening. I'd like to bring our meeting to order. It's February 2nd, 2026. Would you join me with the pledge of allegiance? I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Now, Pastor M. Martin from the First Baptist Church will lead us in prayer.

Let us pray. Father, we thank you and we are looking to you today. Lord, we thank you for another day to serve you and to look to you. Lord, we want to say thank you for this amazing city of Augusta that you have blessed us with. We thank you for the safety and that you have blessed us with in these winter storms we've had here recently. We also thank you for these leaders that are here today who have really stepped up to the plate to say they want to help lead in this in this way. So, thank you for them. Lord, tonight I pray for wisdom and discernment over whatever sort of decisions might be coming on today. Lord, we pray your blessing over the people in this city. We just pray your blessing over this meeting. And ultimately, Lord, as we always want to say thank you for it. Thank you for Jesus who died on the cross who rose from the dead and has made a way for any and all to find forgiveness of their sins through him. Lord, we thank you and we just welcome you into this room tonight. We love your name, I pray. Amen.

Amen. Amen. Thank you, pastor. Well, it's time to review our minutes from our January 20th meeting and get them approved. I move for the approval of the minutes of the January 20th, 2026 city council meeting. Second. Got a motion and a second. All those in favor say I. I.

Any opposed? Motion carries. Let's move down to our appropriation ordinance number one dated January 22 and number 1A dated January 28th. Review those and get them approved. I move for the approval of the appropriation ordinance number one dated January 22, 2026 and number 1A dated January 28, 2026. Second. Got a motion and a second. All those in favor say I. I.

Any opposed? Motion carries. Thank you. This time I'd call for any visitors that aren't on the agenda already. See none. So we'll move down to our first item of business. Facility use agreement with Flatwater Fitness and Fund for fitness classes and activities at Santa Fe Lake. Staff? Yes. Uh Mayor and Council, this item has actually become fairly routine for us over the years. We've had an ongoing partnership with Flatwater Fitness and Fun uh going back to 2014. Does that sound right? Sounds about right.

Um and uh it's a way to offer enhanced activities to a facility that that is a recreational facility uh for us. Flatwater provides the standup paddle boarding services. Did you guys branch out into canoes and other sort of craft or was it always Always had kayaks. always had kayaks and um so uh they've uh they've been a partner for us for a long time offering that service generates additional traffic and activity out at uh out at Santa Fe Lake and I believe that we're essentially just renewing the agreement.

We are um I would like to ask if we can maybe I just was looking over it this weekend and reviewing it's been several years since we talked about the city lake. I know that would be a whole different contract and I'm not interested in doing that right now, but I wanted to confirm or just get council approval to make sure that because it's come up in the past when things happen at Santa Fe Lake, blue green algae, drought closures for flooding, something like that. If it's an addendum item that maybe we need to add or put on there that I have use of the city lake as a backup. I'm not planning on renewing or doing that contract this year. We looked at I think it was in September of 22. In fact, I have it here. It was approved for me to set up some business there. Not really looking to do that, but I would like to know that I have permission if needed if circumstances call for a backup place to go and have host a yoga class or event or private event to just use the City Lake, not as a continual business.

Yeah. Um, so mayor and council, for you, I think that the easiest thing to consider, cuz I think that we did have that agreement that you were mentioning for City Lake in the past.

Um, it it I I don't have anything for you to look at on that tonight. Um, since that that's coming up in our discussion now, what we could do is proceed to just get locked in with the agreement that they have right now and then come back to you with if you're comfortable with that arrangement, um, just come back with an amendment that adds that provision for them to be able uh, in the event that Santa Fe Lake is closed to provide that that service at City Lake. Um, but we could come back with an amendment at the next meeting and handle it that way because I don't have anything prepared for you tonight on that.

And we don't use it for um, we've never used it except for paddle to gravel, which we'll be doing again at the city lake this year. I'll put in an event uh, request for that. But blue blue green algae happens. It's happened to us. Yeah. Probably three out of the last five years. Yeah, we've never had it before. I think 22 or 23. Um, we've been very blessed over the years at Santa Fe Lake and once it comes and it just takes a few years to really flush out and not be a problem again. And it's looking really great out there. So, I'm not anticipating it, but I didn't either last year and we did have a couple weeks we were down. So,

make a motion to approve the facility use agreement with Flatwater Fitness and fund for fitness classes and activities at Lake. One question before we proceed. Are you okay with that approach appro with council considering this approval tonight and then coming back with that? I'm fine with that if that's an easy easiest thing to do because because otherwise the recommendation would be is don't take action on this until it's revised. I just want to make sure so if you want to lock the contract I'm assuming it would just be an amendment you add in there that it would just basically be amendment number one. Uh both parties would sign and and it would be an amendment to one of these sections where we add that language. That's that's perfectly fine. and I just wanted to make sure it was an easy transition if needed over the summer. So,

yeah, I just wanted to make sure you were good with that before we proceeded. Yes, thank you. Appreciate that. I do have a question about is any perceived work on the dam going in factor or this might be for when we bring it up later, but take the water down. Well, I don't know when that. So short answer is hard to say. My my gut is telling me that timelinewise.

I I wouldn't expect us to be in a construction mode this year, but I mean if everything fell into place, maybe we get lucky and we're able to finally move on that project. Um, so what he's talking about, Katherine, is um, we have a major project we're going to have to do to the dam and the OG we wear out there to repair it and that's likely going to impact all of our lake activities at some point when we actually get there. Um, we're doing studies right now ultimately trying to get to the point of getting approval on the permitting side for us to get to a project. We've been trying to do that for a long time. Um, and eventually when we get there, we'll probably want to have a discussion because it will it will impact the entire lake when we actually do that project. Um, but to your question whether that happens this year,

I I don't suspect it will be a problem for her. I I know I'm jumping at I know I'm jumping ahead. It's a good thing for me to be aware of. Josh is good about communicating to me. I'm sure that it's a good question. I just don't at the pace that it's been going I just I it's hard for me to imagine that we're in construction and if so it would be much later this year. When does your season normally wrap up or do you keep it going?

Uh we can go through September and into October. Okay. Um se September the second weekend of September is always my paddle to gravel event. So that will be the 12th this year and that's when we will have paddle to gravel out at the city lake. People loved the facility for that. Um, so if it did interfere with that, I of course would need to know sooner than later just so I could because moving an entire event is a a major thing.

I I don't I again I don't have perfect clarity from our engineers, but if everything fell into place, you got your grant funding, all these other things lined up. We got approval through the state and we started a project. I think that's the type of project that we would probably want to be doing in the winter like when you're when you're avoiding the rainy seasons. um because I do think the lake level is going to have to come down in order to do the repairs on that spillway and that the winter is normally the better time to do that. So my guess is even if she if her season goes through September October, I still don't think it would be a problem. Uh but we'll we'll work with her if we get to that point. I'm pretty good at pivoting if I need to.

Okay. So I guess I I just had one question on the blue green algae. So if we have it at Santa Fe Lake, is that transferable if somebody has been in Santa Fe Lake to the City Lake? It's not the same sort of thing is what the mil foil Yeah. is. It'd be more concerned going from City Lake to Santa Fe Lake. And Rod and I have a real good working relationship and how I take care of my equipment and make sure everything's anytime I go anywhere other than Santa Fe Lake, okay,

my equipment is washed, desanitized. So when when we did that agreement with her in the past, I think that was one of the conditions. I remember being in the verbiage about how they clean the equipment if they're moving back and forth. But to her point, a lot of those issues were about the mil foil here not getting transferred to Santa Fe in terms of the blue green algae. Um that that's a function of rain, it's a function of heat, it's a function of stagnant water, it's a function of a lot of different things. And Santa Fe Lake has been prone to it. our city lake hasn't been as much and I and I don't know I don't think that it's it transfers in that same kind of way as what the mil foil issue is. Okay. Thank you.

It's more of like a systemic sort of problem then but with the mil foil like an individual plant or a piece of a plant can start an outbreak. Erica, did we have a second? Motion but no second. Second. Okay. Any other questions? All those in favor say I. I. Any opposed? Motion carries. Okay. Item two, vacation of the utilities. Thank you very much, gentlemen. Schools staff. Thank you.

Good evening, council.

Good evening. Um so what we have before us uh today is a vacation of an easement uh that runs underneath Augusta Middle School. Um while we were reviewing the building site plans, we discovered that there was a document from I believe 1970 that had vacated certain alleyways u from the original plat. But that document retained um easements uh for the right for the city to use and for the gas company to be able to access. Um, excuse me. Um, that easement exists roughly where they're wanting to put in their new, uh, believe bandroom addition there. Um, because of the existence of the easement, we're kind of having to put a we're having to make sure that they're going to be able to put that building into place. Um, so what we would like to do is get that easement vacated, allow them to operate as they'd like to. Um, functionally, they are the only entity that is affected. They're the ones who are requesting this vacation. Um, and it would align the actual underlying land use with what exists there currently.

Is that on the southeast corner? Is that right? Correct. Are there any cons to this? I mean,

not that we're aware of. We met with the electric utility and the sewer utility um to see if they had any need for maintaining that easement and they did not. The sewer connection is in the road. Um and then this is being used as a private service line anyways. Um, so this would just actually clean up that legal portion of it anyways to say that this is that is now a private service line. Um, before it was a private service line operating in a public easement. So this will actually clean it up. Can you show us where the easement is up on the map? Is it possible understand a little bit better? So is this red block? Is this correct?

Correct. Okay. So essentially um it this is showing the outline the black solid line is the outline of the middle school. Correct. Correct. And then the red and then the red box is the easement. Correct. Yes. The school's already built over it. And that bottom kind of portion where the addition's going. Right. Say that again. That bottom part of the bottom. Correct. That southern portion is where the the new building edition is. This right here, correct? So that's going to be right now.

Correct. So that's already just

well the the line Right. But we have like there was a house there, but uh it's part of Clark Street.

Come on. Don't mind right now. straight north the old Catholic Church. So right here, correct? Essentially where they have that drive there.

Gas, the gas company already thought it had been vacated. They didn't have it anymore. And electric they were already proposing to relocate private service line. So they were working with the construction that anyway. So from a public utility standpoint, we don't see any issues with it. So there's not going to be any uh fiscal effect at all in No, no,

no. This just cleans up the legal deed paperwork to not list it as a public easement. I'd make a motion to approve ordinance number 2260 authorizing the vacation of the utility easement as identified in book 302 page 235 dated 331-1970. Second. Got a motion and a second. Erica, will you call the role? Martin, yes. Lick Lighter, yes. Bailey, yes. Richardson, yes. Davis, yes. Wedi, yes. Mah, yes. Motion carries. Thank you.

Thanks. Okay. Item three, renewal of the common consumption area permit. Staff.

Yes. Uh mayor and council, this item is becoming fairly routine for you as well. Um I believe maybe the third year that we've been looking at the uh the common consumption. Um it is a one-year permit through the state and so we have to renew each year. uh public safety has indicated that they haven't experienced any um changes really to their operations from the addition of the the common consumption. I think the feedback from the uh the downtown area has been fairly positive about it as well. Uh so um LS council um would like to do something different. We're just bringing it back to you to renew and continue for an additional year. I'll make a motion to con approve the renewal of the common consumption area permit for downtown Augusta

with Kansas Department of Revenue. Second. Got a motion and a second. All those in favor say I. I. Any opposed? That motion carries. Who was mayor? Who was the second on that? Okay. Thank you. Okay. matters from and for council. Josh,

uh just a quick reminder that uh we will have an our next meeting on Tuesday, February 17th. Make sure I got that date right. Yes, February 17th because of the the President's Day holiday. late. You bring it up when it's your turn. Okay,

Mike, do you have anything to add tonight? Um, I just wanted to make a comment about the snow removal. It was seem like you guys did a really good job on the main arteries and stuff and um I had a question Josh earlier about Purple Wave and he answered for me. I I did get a call about a a water lake a water break down. Um it's all I have Mayor. Thank you. Okay, mayor. Nothing today, Mr. Mayor. Nothing today, Mr. Okay, Kip. Good.

I got a couple of things. So, I I had a quick question for for Josh. I know that the business owners downtown are supposed to take care of the sidewalks in their in their area. Who takes care of the area on the side like closer to the street? Is that the city's responsibility? you know, like a on on that sidewalk, like when you're walking down like Fourth Street, Fifth Street, there's a section where the buildings stop. So, is that the city's responsibility from where that business stops to the street to clear it?

In your code and in state law, it is the adjoining property owner's responsibility. Now, if the city is the adjoining property owner, then the city does. So, out here in front of city hall or out in front of this building, um that equipment that you allowed us to purchase this year, we actually did uh we did snow plowing on the large walking paths. Um so, that that's the city's property that we're maintaining, but in your code and elsewhere, it's adjoining property owner. So, yes, if we're the adjoining property owner, um I don't know which lots you're talking about, but if they're vacant lots, it's it's probably a property owner that's not here,

right? And there lies part of the problem. So, if the the owner is not here or they're out of town, but they fail to do it. There are some municipalities where they will assess those costs back to the property owner. So if the city did have to go out and clear that, there would be that process to assess it back to the property owner. But then again, we run into using taxpayer money and then maybe not getting that reimbursement back.

And then the other challenge is us just having people to do that because they were responding and doing the streets and the the pathways and stuff for us for most of that time, most of that several days. Um so uh yeah so that that's that short answer in terms of what the code says what your what your local law says but um cities handle it differently like you have cities like up in the northeast that that um will have like an army of private contractors that they have on call to handle those things and and assess and and do it that way that that can't be describing we've never really operated that way. That would be different for us to do.

The main thing was but that that model exists. Most of the property property owners had their walkway cleared. It was just toward the edges. So yeah. So that that short answer, but it doesn't necessarily solve the concern. So the solving of the concern would probably be something like us having to do that. But again, we don't we haven't set up an infrastructure like that. We would need to we would need to make contact, find companies that can do that or make sure that we would have staffing available. And then the the hard part is where would we where would we stop because sure it there there is a lot of property out there to try to maintain that way. It's hard.

Did we find an answer on the lights up in country Hills? So what we found, we did get a hold of the covenants. Um, and I shared with you the example that existed for Nebler. And in that case, they explicitly called out the language about the lighting. Uh, I'm still reading the covenants because those came in right about the time I went out uh for the last couple of days. Um, but there's not, from what we can tell, there's not language that explicitly speaks to the lights. um and the language about their uh their association fees uh to speak to their their common areas. Um I don't think it's as explicit and calls out everything that that pays for in the same way that Neblers does. So in that case, you don't have as clear of an example in an actual written document that says where that responsibility lies. So that that's the the short answer to it. the longer answer of what do you do about that? I I don't have an answer for you. So, um you can choose to do a variety of different things. You can treat them the same as every other development and if they put in those decorative lights, they're responsible for them. Again, in one subdivision, you have that backing that is literally written into their co covenants. In this one, you don't have that language, so that's not as explicit. Uh, but that has been the answer that they've received all of this time. Um, but again, that's not spelled out in their covenant document. So, it's not as clear. It's not as easy to point to. Um, you could potentially decide to up upkeep their decorative lights like uh like other city lights and then we start buying out of our standard and we're just responsible for

upkeeping it. I think that's been part of what they have asked over the years. Um, that's an option. I don't know that it's a great option because it does set that precedent if it happens with another subdivision. Um, you could uh and and they may potentially be fine with this. You could replace their decorative lights with a city standard and then we maintain them going forward. But then the question would be is who is responsible for that replacement cost? I don't know how many lights they have out there, but a city street light, we were just looking at quotes for the new subdivision going in, it's about $2,500 a light. So, if they've got 10 or 20 or I I don't know how many lights they actually have out there, but that would be a consideration. So, does the city just assume that cost or does that do you look at that as a new piece of infrastructure that you special assess the way all the other infrastructure does and that they participate in it? do you cost share in it? Um, so I guess what I'm pointing out is you've got several potential avenues, several potential models. The language is not clear like it was on Nebler. It doesn't seem to speak to it at all. Um, so now we've got to settle what we're going to do. That's that's essentially where we're at. Um, I I could try to put together some better numbers because I don't know how many lights there are. I just know what what cost we got from the new subdivision going in. So off of that, we could maybe ballpark what that cost might be if that matters to your decision.

And that's just the cost for the light. Right. That's not labor, no equipment. That's just the light pull.

Yeah. You know, there's two things that I've thought about since that meeting. Um one was that lady wanted to disconnect and tear the light out. Well, that belongs to the HOA the way I remember. So, she would need to ask the HOA for permission to tear that light out. But secondly, the HOA was Mr. and Mrs. Whitaker. That's how that started. And a lot of their rules maybe weren't in a covenant form or in a rule book somewhere. I I don't know. But I do remember they went around and told thing people how things were going to be done cuz that was their development, you know, and they they're gone. They live in Colorado. I'm not even sure if they're still alive, but I'm assuming they are. But um so that's an avenue to track down maybe. As far as her removing that light, that's not our responsibility to tell her yes or no. That's the HOAs. In my opinion,

I think their argument is that the lights are the cities. Um, in most developments, that's not how it's typically done. So, that would not be a a standard normally. Yeah, the the covenants speak to the ability for them to assess kind of their HOA dues and to maintain common areas. It just doesn't specifically call out the lights in there and neblers did. So again, that that's where it's a weaker discussion or you don't have anything clear to point to. Just covenants don't speak to it.

Well, that's that's why I'm telling you it was Mr. and Mrs. Whitaker that ran the rules and that they made the calls. Yeah. All all we have to reference is those documents that we were able to get from the register of deeds. So, u if you would like us to formally lay those options out in a report, we can bullet point that out and let you see the the the different options, how how they pan out if that's where you like us to go with it. Well, I'd assume we're going to have to do that. So, get it started. I have one more. I'm a little bit windy tonight. So, yes.

So, I I'm going to piggy back off a mic. So, I did get a phone call about a water break in an adjacent row building. Um, and I have talked to Cammy and the state and I know Tracy's here. Is this an opportunity where she could talk about it real quick? Mike, talking to you. Pardon? So, is this an opportunity where she can real quickly? Yes. Okay. Thank you, Tracy. You've got five minutes. Okay.

Hi, I'm Tracy Everheart. I own Dreamw Weaver's 431 State Street. Um, I am adjacent to the vacant building which is 427 and 429 State Street. I don't have anything specifically prepared to speak to you, but I wanted I have come to you before um previously about that building when she's asked for some permissions to do different things. Um I'm glad you've got a picture of there. So last night she had a water man or a water break, water pipe freeze and break and completely flood my basement. I had about 6 in in the front of the building and about 3 in towards the back of the building and everything in there is soaking wet. It did drain overnight once we got the water turned off. So, it's starting to dry up. She did finally get back with me this afternoon that she has insurance. Her insurance company has not contacted me yet. That probably has nothing to do with you guys, but in the past, we've talked about her building and her lack of taking care of her building. She's got windows falling down, busted, broken. The back of the building, she's got trees and vegetation growing out of the back. She doesn't even wash the windows. I don't know how many times I've called the city to say there's drawings foul word written on her drawn into her glass and the dust. I'm constantly having to call somebody to clean it up. She will not take care of her building at all. And after I had my fire in 2021, I had new windows put in. Obviously, I had to. And I had to fight with I don't know a committee in town to keep my buildings cuz or my windows because I had a transom. They were literally fighting me over the windows, the new windows. But yet they do nothing

nothing for her broken windows at all. They do nothing to make her clean that building. You were talking a little bit ago about snow re snow removal. Am I supposed to remove the snow in front of her building so my clients can walk up and get their hair done safely? I do try and take care of my building. I'm investing in my building constantly and she has no repercussions for doing what she does, which is nothing. I did contact the historical society today. In the past, you guys have been afraid to find her. You've been afraid to punish her. I don't know what word you would use for that, but there is no regulation stopping you from doing that to make her follow the laws of this town that everybody else has to follow. So basically, that's why I'm here. I'm very disheartened that I have to fight for brand new windows, but she doesn't have to do anything to keep her broken windows that are a danger to our citizens of Augusta. That's basically what I had to say. Thank you.

Thank you, Tracy. So, I I know that Cammy, like I said, we had a conversation this afternoon about this and they're still working with talking to the state. So, kind of a to be continued, I assume, but

we put together we we talked about it. So, I've been out for a couple of days as well. We talked about it before the meeting, too. Um, and we talked about a similar sort of thing as what the street light scenario was is let's put together a summary report for you of all the different angles and options that are available and then figure out the the pathway from there. So, uh, that's what Cammy and I were working on before we came into the meeting. Uh, so I think that's that's the direction to go here because there there's different there's different sets of codes, there's different regulations, then you have a layer to it with the historic building. Um, so there there's just several different angles there and I think that's why the new window stuff comes into play where the broken window does cuz like there I think they're dealing with different codes and I know that sounds silly but that's what's happening with the building that's on the historic register. when you do something new to it versus letting it sit and and I know that sounds goofy, but those are different code sets. So, um we need to put that together uh with those different angles and see what enforcement options that that we have with it because I know our inspector has been down there. Uh I know we had talked to the architect in the past. I know there had been different things done on the roofing and other and uh other elements. So, um just get up to speed there. We'll lay that out and try to give you guys a game plan of what what the options would be.

Perfect. Thank you. I'm happy to send the inspector back out to look at the windows. I I mean, we've looked at that building. We didn't know there were currently broken windows. I know the inspector has worked with her on windows before. So, if something new has transpired with the broken So, and that's the other thing with the the code is Yeah. So, it may be they're just required to be secure um and maybe not replaced. And you were probably dealing with the Main Street Design Committee on getting your new windows replaced, which again would be a different code. Sorry. You and her get together after them. Yeah,

we'll put together a plan. But in the meantime, if there is like a safety issue with the broken windows, I just want to say we'll get inspections back out there to make sure there's not a safety concern with the windows right now. Thank you. You're done. I'm done. Allison, do you? No, Mr. Mayor. Jake, nothing, sir. Long time no see. It's good to see you.

Glad to see you back. Um, I have one question about the water pipe break, the utilities. Is she keeping current with the utility bills? Um, I can't speak to this. I do know that there are current utilities that are on for the building. We did verify that. Um, obviously the water shut off now because of the leak. Um, but there are other active utilities, but I don't I can say if if there were if if she wasn't, they would be disconnected. Okay. Make a motion to journ the meeting.

Second. Got a motion and a second to adjurnn. All those in favor say I. Any opposed? Motion carries. Thank you, Major. Good night, Sean. You missed it by 16 minutes. I