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CITY COUNCIL
JANUARY 2, 2007
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on January 2, 2007, with Mayor Ross Rountree presiding. Council present were Holly Harper, Douglas Marr, Michael Huddleston, Ken Bratton, Paul Oliver, Mike Rawlings, Robert Griffith and Roger Chrislip. Also present: City Manager Bill Keefer, Assistant to the City Manager JJ Allen, City Attorney David All, City Clerk Erica Jones, Public Works Director Wes Starnes, Electric Utility Director Bill Webster and Electric Production Supervisor Jim Sutton. Visitors present were: Michael McDermott, Susie Ingold, Lesa Dixon, Roy Pickett, Gary Dryden and Mark McCollum.
Prayer: Pastor Larry Snodgrass, Haverhill Christian Church gave the invocation.
Minutes Council: Minutes of the December 18, 2006 council meeting were reviewed. Marr asked if Staff followed up with Candace Kunkel as stated in the minutes. Jones said yes. Chrislip made a motion to approve the minutes of the December 18, 2006 council meeting. Griffith seconded the motion. Motion carried without opposition.
Appropriations:
December (12A): Council considered appropriations in the amount of $220,511.14. Huddleston asked why the payment to the Augusta Animal Clinic is always around $2000 and never goes down. Keefer stated that the City has a contract with the Augusta Animal Clinic and has a set amount to be paid each month. Keefer stated that there are additional charges from time to time for services above and beyond what is covered under the contract. Keefer stated that the bill is usually $2200 to $2400 a month plus any additional charges, such as the $300 or so in additional charges included in the current bill. Huddleston asked if the efforts of the Council in passing the ordinances related to animals and an increased awareness of spaying and neutering would eventually lead to a decrease in the monthly costs. Keefer stated that there are basic expenses that occur whether they handle one animal or several. Keefer said he would have to check into it further. Griffith asked what the payment to Aqua Tech Engineering was for. Keefer stated that it was for work related to the City Dump clean up. Huddleston asked about the payment to the Butler County Treasurer in the amount of $10,252.82. Keefer stated that it was for payment of the property taxes on the Guernsey building at the airport. Marr made a motion to approve the ordinance totaling $220,511.14. Oliver seconded the motion. Motion carried without opposition.
Old Business:
Electric Rates: Council considered approval of an Ordinance amending the City’s Electric Rates. Visitor Susie Ingold stated that she was notified a couple of weeks ago by a neighbor that the Council was considering changing utility rates for home businesses to a commercial rate. Ingold stated that she could not understand why a small in home business would be charged a commercial rate. She stated that her home is zoned as residential and didn’t understand how she could be charged commercial rates. Ingold stated that when she spoke to a councilmember she was told this was being considered to generate revenue. Ingold stated that there are many other ways to generate revenue such as writing more tickets to truckers as they speed in to town from the east and west. Ingold stated that the councilmember she spoke to stated that writing more tickets would not give Augusta a reputation of being a friendly small town. Ingold stated that she provides a friendly community business and could not afford to pay commercial rates and continue to provide the same service she does now. Ingold urged other citizens to watch what the City Council is doing rather than waiting until the last minute and scrambling to gather information such as she did. Ingold stated that there have been 24 home occupancy permits issued and that there are three to five home businesses in a two block radius of her home that do not have permits including councilmember Harper.
Visitor Roy Picket stated that he has been a member of this community for 24 years and is a former employee of the City of Augusta. Picket stated that he shops at garage sales for electronics and refurbishes and sales them. He stated that this is a hobby and he has yet to turn a profit, but that he does purchase an annual home occupancy permit. Picket stated that he believes his work is helpful to the community. Picket stated that he opposes a change from residential rates to commercial rates for home run businesses.
Rountree stated that Staff has investigated what other cities do and how a commercial customer is defined. Rountree stated that the suggested language clarifies a commercial customer as someone who has an outside employee who does not reside at that residence or if an application is made for additional permits or zoning changes other than a home occupancy permit. Huddleston asked how the guidelines set forth in the suggested wording of Section 14-304(e) would be enforced under Chapter 13 of the Zoning Regulations. Keefer stated that it would be more reactive and based upon complaints or concerns that may come up during an inspection. Huddleston asked what would happen if a home business owner does not get a home occupancy permit. Keefer stated that if a home business owner is discovered not to have a home occupancy permit, they will be required to get one. Keefer stated if they do not get a home occupancy permit, they will receive a notice to cease the business within a set number of days. Huddleston stated that he thinks the criteria staff came up with for placing home occupant businesses in a commercial rate will address those that have moved to more of a commercial business. Marr asked if this change would be enforceable. Keefer stated that it will be a big challenge, as he knows there are several home businesses that do not have home occupancy permits. Marr asked if Keefer would cite the current home businesses the City is experiencing problems with. Keefer stated that there is one home that has a lot of equipment stored on site. Keefer stated that the home owner will remove the equipment upon the request of the City but it will eventually pile back up and the request to remove will have to be made again. Keefer stated the other is a situation where there is constantly something for sale such as a vehicle one week, a jet ski the next, etc. Rountree stated that suggested wording is pretty straight forward. All stated that the Inspection Department is not authorized to walk into a home to determine if a home business exists and a permit should be required.
Huddleston asked why the rates for total electric are the same for commercial and residential and not the same for non-total electric. Keefer stated that is the way it has always been and that the only recommended change was the base rate. Chrislip asked how much more the rate changes will cost the average homeowner. Keefer stated that it depends on several factors and could be $1-$2 more a month for some and $4-$5 more for other depending on the different factors including usage and rate category. Keefer stated that the base rate change for commercial customers is increasing from $10 to $25. Whereas, the usage was removed from both all electric rate categories and will be spread over two years but a significant increase will be noticed right away. Huddleston stated that he would like the citizens to know that a list of electric providers in the area provided in the work sessions by the Electric Department show only six other providers with lower rates than the City of Augusta. Huddleston stated that Mulvane and Winfield have lower rates but those will increase as will other communities over time. Huddleston stated that some of Westar’s rates are higher than Augusta’s. Rountree stated that a lot of other entities do not support the rest of the community like Augusta’s does. Keefer stated that some do and some do not. Webster stated that Augusta’s contract with Westar was one of the first to expire, but as other communities contracts expire their wholesale power costs will increase substantially. Bratton stated that it is evident that a small increase is necessary to continue to break even. Bratton stated that it is unfortunate that it has come to adding commercial rates onto residential customers that have home businesses. Marr stated that the language in the ordinance should be reviewed and compared to the other cities ordinances. Marr stated that in the recommended wording for 14-304(e), section 1, there should be a period after “…Residential Service Rate Category” and that “…if the home occupation does not employ any other persons on site that do not reside full time at that residence.” be removed. Keefer agreed with Marr’s recommended changes. Keefer stated that one of the things discussed amongst Staff is that if you bring one person to your home other than those that reside there, you are moving away from a residential business and towards a commercial business and are in need of a commercial space rather than a home occupation permit. Rountree stated that his recommendation is to remove the home occupancy issue from the ordinance, stating that it is a complicated issue and hard to define. Rountree stated that it may be better not to tie in the home occupancy businesses into the rates at this point. Bratton agreed, stating that there are other aspects to generate revenue rather than adding charges to home occupancy businesses. Marr stated that it had been discussed in the work sessions about putting the fuel adjustment in a different fund. Keefer stated that it had been briefly discussed but that it has not been done. Keefer stated that all revenue from the sale of service is put in the Electric Fund and that all of the funds are expended from the Electric Fund. Keefer said that we do not collect more of a fuel adjustment other than what we expend related to the cost of power and therefore would not be able to build up a fuel adjustment reserve. Bratton made a motion to approve Ordinance 1937 amending the City’s Electric Rates, excluding charging home occupancy businesses commercial rates. Rawlings seconded the motion. Motion carried without opposition.
New Business:
Zoning: Council considered approval of an Ordinance amending the zoning for lots 7 and 8, block 15 of original town located at 429 and 431 Walnut Street from Commercial to Industrial. Rawlings made a motion to approve Ordinance 1938 amending the zoning for lots 7 and 8, block 15 of original town located at 429 and 431 Walnut Street from Commercial to Industrial. Huddleston seconded the motion. Motion carried without opposition.
Council considered approval of an Ordinance amending the zoning of a vacant lot located at 414 W. Summit from Public and Private Recreation to R-2 Residential Two-Family Dwelling. Chrislip asked if there were any protest petitions. Keefer stated that there were not. Chrislip made a motion to approve Ordinance 1939 amending the zoning of a vacant lot located at 414 W. Summit from Public and Private Recreation to R-2 Residential Two-Family Dwelling. Oliver seconded the motion. Motion carried without opposition.
Refuse Rates: Council then considered approval of an Ordinance amending the City’s Refuse Collection rates. Rawlings made a motion to approve Ordinance 1940 amending the City’s Refuse Collection rates. Oliver seconded the motion. Motion carried without opposition.
Work Session: Council considered scheduling a work session on Monday, February 12th at 6:30 PM to review the status of the Levee Enhancement Project. Rountree stated that he would not be available to meet at that time and asked the Council if they would consider scheduling the work session for February 5th at 6:00 PM prior to the Council meeting. Bratton made a motion to schedule a work session on Monday, February 5th at 6:00 PM to review the status of the Levee Enhancement Project. Marr seconded the motion. Motion Carried without opposition.
Public Building Commission: Council considered scheduling a Public Building Commission meeting on Monday, January 15th at 6:45 PM at City Hall. Rawlings made a motion to approve scheduling a Public Building Commission meeting on Monday, January 15th at 6:45 PM at City Hall. Harper seconded the motion. Motion carried without opposition.
Informational Memorandum & Questions:
Chrislip – Chrislip asked if department heads have been briefed on the inmate program and how to move forward with it. Keefer stated that there were meetings with representatives of the Winfield Correctional Facility and with Department Heads around two weeks ago to discuss the inmate program and there were also internal meetings with the Non DOC supervisors about the program. Keefer stated that city personnel will be going through training on handling the inmates. Rawlings asked if there were written policies for the inmate program. Keefer stated that there is a written policy that the Department of Corrections has approved and signed off on.
Griffith – Griffith asked how the stop light project is going. Starnes stated that it is a 100 day project and that they are about 53 days into it and the project is already 75-80% complete. Starnes stated that they are ahead of schedule and could be finished getting the last of the lights up and everything tied together in approximately three weeks. Keefer stated that lane striping will still need to be completed. Marr asked if there would be striping from the center line on Walnut Street turning west on to 7th Street. Bratton asked if the City has the ability to request that or if the directive must come from KDOT. Starnes stated that KDOT would have to approve it. Bratton stated that it would be good to look at that now. Keefer stated that Staff will look in to that further and report back to the Council.
Oliver – Oliver asked what was going on at the entrance to Garvin Park. Keefer stated that city personnel are working on replacing the light fixtures on the posts. Griffith stated that he noticed that a boat ramp had been constructed at the lake.
Bratton – Bratton stated that this spring the City should look at enhancing the park entrance to make it a little more friendly and less institutional looking.
Marr – Marr stated that he has noticed a truck repeatedly parked at the Depot and wanted to make sure that was being policed. Marr also stated that he would like the information in the memo about Augusta having the 4th lowest mil levy in Butler County and the 3rd lowest total mil levy in Butler County to get out showing that the City’s mil levy is very desirable.
Executive Session: Council considered an executive session to discuss personnel matters for non-elected personnel. At 8:40 PM Harper made a motion to hold an executive session for 30 minutes with only the Council and City Manager present. Marr seconded the motion. Motion carried without opposition.
At 9:12 PM Rawlings made a motion to close the executive session without any action being taken. Harper seconded the motion. Motion carried without opposition.
At 9:13 PM Rawlings made a motion to go back in to executive session with the Council only to continue the discussion of personnel matters for non-elected personnel for 15 minutes. Oliver seconded the motion. Motion carried without opposition.
At 9:28 PM Oliver made a motion to close the executive session with no action being taken. Rawlings seconded the motion. Motion carried without opposition.
Rawlings made a motion to set the City Manager’s salary at $74,300, an ICMA benefit of $9,900 and car allowance of $500 for 2007 and provide a one year severance package and contract renewal in 2010. Harper seconded the motion. Motion carried without opposition.
Adjourn: Harper made a motion to adjourn. Huddleston seconded the motion. Motion carried without opposition.
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