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CITY COUNCIL
NOVEMBER 19, 2007
7:30 P.M.
The Council of the City of Augusta, Kansas met in regular session on November 19, 2007, with Mayor Kristey Williams presiding. Council present were Holly Harper, Douglas Marr, Michael Huddleston, Michael Wallace, Tom Leffler, Mike Rawlings, Robert Griffith, and Roger Chrislip. Also present: City Manager Bill Keefer, Assistant to the City Manager JJ Allen, City Inspector Dan Allen, Electric Utility Director Bill Webster, Electric Production Superintendent Jim Sutton, and City Clerk Erica Jones. Visitors present were: Kent Bush, Tracey Eberhart, Mary Wendler, Dorothy Wedman, Charles Isley, Karl Svaty, Jay Anglemyer, Penny Kerby, Julie Roller, Willis Wilson, Chuck Korte, and Kevin Cowan.
Prayer: Pastor Ken Beckner, First Southern Baptist Church, gave the invocation.
Minutes Council: Minutes of the November 5, 2007 council meeting were reviewed. Marr made a motion to approve the minutes of the November 5, 2007 council meeting. Wallace seconded the motion. Motion carried without opposition.
Appropriations:
November (11A): Council considered appropriations in the amount of $311,279.46. Wallace inquired about the payment to Butler County Landfill. Keefer stated that it was the monthly tipping fee for the landfill. Wallace inquired about the payment to Lance Hilton and Jerry Ballinger for service recognition. Keefer stated that it is for recognition for their years of service with the City of Augusta and that they will be recognized at the next council meeting. Wallace inquired about the payment to the Kansas Department of Revenue. Jones stated that it was state withholding taxes on payroll. Huddleston inquired about the refund of hangar rent to Patrick Broda. JJ Allen stated that Broda had prepaid his hangar rent and when he left the Airport he had a credit. Allen stated that this was a refund of the credit amount. Griffith inquired about the payment to Cintas in the amount of $2,497.93. JJ Allen stated that it was for installation of First Aid kits at City facilities. Allen stated that this was for the initial set up fee, but that the only on-going cost will be to replace the first aid supplies that have been used. Marr made a motion to approve Ordinance 11A in the amount of $311,279.46. Harper seconded the motion. Motion carried without opposition.
Old Business:
Sign Regulations: Council reviewed and discussed proposed changes to the Sign Chapter of the City’s Zoning Regulations. Williams stated that she would like to start off by asking the Council how they would like to move forward on this issue. Wallace stated that the proposed ordinance he provided to Staff is only suggestions from him and Huddleston and that he would like to have a work session to further discuss the issue. Wallace stated that it is important that small businesses be able to keep their signs, but that he is open to suggestions and recommendations. Williams asked if there is a consensus that the chapter pertaining to signs needs to be amended in some manner. Huddleston stated that when reviewing the ordinance with Staff and the Mayor, it was found that there is some ambiguity with the whole chapter pertaining to signs. Wallace stated that he would recommend extending the moratorium on the current regulations. Keefer stated that Staff needs a definition of what a portable sign is. Keefer stated that if the Council is going to consider them permanent or quasi-permanent the sign chapter of the ordinance will need to be revised. Keefer agreed with Huddleston that there is ambiguity, but stated that Staff needs direction from the Governing Body. Griffith stated that the current ordinance pertaining to signage is just now being enforced. Keefer agreed and stated that there were questions at a council meeting that brought this issue forward. Chrislip stated that some of the signs are really ugly and would need to be cleaned up. Williams stated that Keefer is correct that the definition of a sign needs to be clarified. Chrislip asked what other cities do. Keefer stated that each city addresses signage a little differently. Huddleston asked Keefer to explain how the Planning Commission fits into the process. Keefer stated that this regulation is a chapter in the Zoning book and anytime something is added or amended in the Zoning book there is a State statute that has to be followed. Keefer stated that since this involves land use as it relates to zoning, it therefore has to go through the process of a public hearing by the Planning Commission and their recommendation given to the Council prior to the Council having the final say. Keefer stated that if there is a work session scheduled for this issue, he would recommend inviting members of the Planning Commission. Rawlings asked how the downtown signage enters into this ordinance. Keefer stated that the downtown signage is addressed in the building codes for downtown as part of the design criteria. Williams stated that there are several options. If the ordinance needs re-looked at and amended the Council and business owners can make recommendations. Williams stated that she wants to balance the needs of the business owners.
Mary Wendler, owner of Hair Emporium, and Tracey Eberhart, owner of Dreamweavers, came forward to speak on behalf of the business owners with the signage in question. Wendler stated that she has been using her sign for a year and a half and that it has been the most successful form of advertising she has found for bringing in customers. Wendler stated that she understands that there needs to be regulations so that signs are not in disrepair, but that it is very cost prohibitive to install permanent signage. Eberhart stated that she often uses her sign to promote the Chamber of Commerce events and other local businesses. Wendler stated that it would be a detriment to loose their signage. Wendler stated that she would appreciate if the Council would consider the small businesses and keep them in mind when making the decision. Eberhart stated that she agrees with Chrislip that some of the signs look very bad and also agrees that there needs to be regulations to address the appearance of the signs. Eberhart also stated that the owners should remove the wheels and anchor them to the ground. Williams thanked Wendler and Eberhart for their comments.
Marr stated that he hasn’t heard anything referring to the City’s five year plan. Marr stated that people are working to attract businesses and people to our town. Marr stated that some acknowledgement should be given to those business owners who have permanent signs and have followed the guidelines. Marr stated that he did not see anything in the suggested ordinance that mentions an upgrade to the ordinance instead of the status quo. Griffith stated that this issue needs to be addressed as a whole. Griffith stated that there are permanent signs that are in disrepair and need to be addressed. Griffith recommended a work session to discuss the issue. Marr agreed and stated that there are signs all over town that need to be addressed. Marr stated that those wanting to keep their portable signs should show that they are willing to make the effort to keep them looking nice. Wallace stated that the process of reviewing the ordinance will exceed the moratorium currently in place. Huddleston made a motion to schedule a work session for January 28th at 6:30 p.m. at City Hall to discuss amending Chapter 14 of the Sign Regulations and to extend the moratorium previously issued until the Council makes a final decision to either amend the ordinance or keep the ordinance as it is currently. Wallace seconded the motion. Motion carried without opposition.
New Business:
Engineering Services: Council considered approval of an Engineering Services Agreement with MKEC for design work on the City Lake Dam and Spillway. Karl Svaty with MKEC stated that several years ago the Division of Water Resources (DWR) requested that the City of Augusta make improvements to the spillway. DWR is requiring the spillway to be able to handle a catastrophic rain event in a 24 hour period. Svaty stated that MKEC recommends the use of fuse gates instead of extending the length of the spillway. Huddleston asked how much water would be moved over the spillway and if Elm Creek would be able to handle it. Svaty stated that the fuse gates would only be activated in the event of a 100 year flood, so the chance of it ever happening in our lifetime is rare. Huddleston stated that the City would be spending $164,760 for something that will never have to be used. Keefer stated that the dam is considered a high hazard dam and the State of Kansas is now enforcing mandates on dam owners. Leffler asked if there was a dam nearby that has the fuse gates. Svaty stated that the closest one is in New Mexico. Keefer stated that fuse gates are used in several foreign countries. Griffith asked if the fuse gates are known to be successful. Svaty stated that they have only been lab tested. Williams asked if this fuse gate is the best economically feasible solution for the City. Svaty stated that it is. Wallace stated that he does not see where the document from DWR mandates this much of a change. Marr stated that the proposed development on 21st Street and on the west side of the lake will cause the lake to take on more water. Marr also stated that the State will not go away and it seems to be reasonable that this is a beneficial step forward.
Keefer stated that this is only the first step and will start the design process. The next step will be to move forward with the work. Svaty stated that MKEC has been working with the City on this since 2001 and this is there recommendation for how the City should move forward. Svaty stated that he is convinced this is the most economically feasible decision. Svaty stated that the tower would be left as is because it operates efficiently, but stated that the dam has a concrete facing that has holes and cracks in it that needs to be replaced. Griffith asked what kind of maintenance would be required for the fuse gates. Svaty stated very little. Svaty stated that it will require new seals every five to ten years. Williams asked what the estimated cost for the total project is. Svaty stated $2 million, plus or minus fifty percent. Williams stated that this agreement is for engineering services and asked what MKEC’s fee would be to oversee and inspect the project. Svaty stated that it would be around 12 percent of the total project cost.
Leffler asked where the expertise on the fuse gates is coming from. Svaty stated that Hydro Plus, a company in France, has been around and working with these for fifteen years. Rawlings stated that he and some of the other council members have been through the discussion about the spillway since it first started. Rawlings stated that the first recommendation was to extend the spillway. But because doing so would take out the park and several homes, Rawlings said that they started looking at these fuse gates as a better solution. Leffler asked if there would be a warranty on the fuse gates if they do not work. Svaty stated that he understands Leffler is questioning the reliability of the fuse gates and that MKEC is also concerned about that. Svaty stated that if they are maintained, he does not see a reason why they would fail to work. Svaty stated that he could not give an unequivocal answer to Leffler’s question. Svaty stated that the Corp of Engineers has elected to use fuse gates on a number of structures. Wallace asked if these same issues apply to Santa Fe Lake. Keefer stated that there are issues that need to be addressed at Santa Fe Lake, but that they are different from these. Svaty stated that they have done a preliminary inspection of the spillway at Santa Fe Lake and it is large but there is a lot of brush in the spillway channel. Keefer stated that Rod Davis is working on getting it cleaned up but that it is very time consuming and labor intensive. Leffler made a motion to approve and Engineering Agreement with MKEC for Phase I and Phase II of the design work on the City Lake Dam and Spillway. Marr seconded the motion. Motion carried without opposition.
Electric Revenue Bonds: Council considered a proposal to refund the City’s 2002 Electric Revenue Bonds that were used for the power plant expansion and new engine. Kevin Cowan with Gilmore & Bell stated that a month ago he was approached by an investment firm with a recommendation for refunding the City’s 2002 Electric Revenue Bonds. Cowan stated that he has provided the Council with a breakdown that illustrates the savings possibilities. Cowan stated that with a Utility Revenue Bond the revenue generated by the utility pays back the bond, but that there are reserve requirements. Cowan stated that a General Obligation bond requires the City to give a full faith and credit pledge, but there are not reserve requirements. Griffith asked how the rate can be determined. Cowan stated that you cannot determine the rate, because the rates are market driven. Cowan stated that it depends on what the market is bearing when the bond goes to sale. Cowan stated that he is only wanting to know if the refinancing is something the City is interested in pursuing. If so, there are more steps that need to be taken. Leffler asked what costs will be incurred during the refunding. Keefer stated that those costs would be made available before the refinancing is approved. Huddleston asked if refinancing as a General Obligation bond would have an effect on the City’s indebtedness. Cowan stated that it would not. Cowan stated that comparatively speaking this would not be a problem considering what other cities are doing. Keefer stated that the City of Augusta is in pretty good shape with its bond debt. Keefer stated that the vast majority of the debt is supported by special assessments. Marr made a motion to move forward with the refunding of the City’s 2002 Electric Revenue Bonds into a General Obligation Bond. Harper seconded the motion. Motion carried with Huddleston opposing.
Bids: Council considered bids for the cleaning of generators on the two Worthington Engines at Power Plant #2. Wallace made a motion to accept the low bid from Independent Electric in the amount of $12,600. Marr seconded the motion. Motion carried without opposition.
Executive Session: Council considered an executive session for the purpose of consultation with an attorney on matters that would be deemed privileged in an attorney-client relationship. At 9:10 p.m. Rawlings made a motion to go into executive session for 30 minutes for the purpose of consultation with an attorney on matters deemed privileged in an attorney-client relationship. Huddleston seconded the motion. Motion carried without opposition.
At 9:40 p.m. Wallace made a motion to come out of executive session with no action being taken. Rawlings seconded the motion. Motion carried without opposition.
Informational Memorandum & Questions:
Chrislip – Chrislip stated that the school light is not working at Custer Lane and Belmont. Chrislip stated that there is a big hole in the middle of Belmont in front of St. James Church.
Rawlings – Rawlings thanked the volunteers and Ignite Augusta for putting up the Christmas lights and the volunteers that will be working the entrance to the park. Rawlings stated that this is a very good thing for Augusta.
Williams – Williams stated that sanitation workers will be off on Wednesday and Thursday for the Thanksgiving holiday, so trash that is usually picked up on Thursday will be picked up on Friday and trash regularly picked up on Friday will be picked up on Saturday. Williams stated that November 21st is the last Wednesday the compost site will be open, but that it will continue to remain open on Saturdays. Williams reminded everyone of the Vision Augusta meeting scheduled for November 28th at 7:00 p.m. at the Library to determine if there is enough interest to create a vision for Augusta. Williams reminded the Council to let Keefer know what dates in January will work best for them for the strategic planning sessions. Williams stated that Superintendent of Schools Jim Lentz has asked the Council to meet with the School Board. Williams stated that it would probably be after the strategic planning session. Williams stated that there are still four days available for volunteers to work with Ignite Augusta in Garvin Park. Williams stated that she recommends that the Council follow the code of procedures provided by the League of Kansas Municipalities to minimize the interruptions during the council meetings. Williams stated the speaker should be recognized by the chair. Williams stated that she was asked to ask the Council if anyone would be interested in a New Year’s event at the Museum.
Wallace – Wallace asked which park the civic club has asked to be renamed. Keefer stated Bill Reed Park. Wallace asked about the agreement with the Augusta Animal Clinic. Keefer stated that the agreement was inadvertently left out of the packet, but that he provided the Council with a copy of the agreement tonight. Wallace stated that he would like the Council to look at the agreement closely and that he intends to re-visit this. Wallace stated that it doesn’t seem fair to any other business in town. Rawlings stated that it was a sore issue when it was signed originally. Mr. All stated that when the agreement was originally signed, the owners of the Animal Clinic would only sign it with these terms. All stated that the other options available are limited and would be very costly.
Huddleston – Huddleston stated that the sale of gasoline and oil at the Airport is significantly low and asked if the property rent and hangar rent is picking up the slack. JJ Allen stated that it has been the trend for several months, if not a year. Allen stated that there are several new tenants that have contributed to the increase in the revenue for rent. Huddleston asked if that amount includes the recent refund of hangar rent. Allen stated that it does not. Huddleston stated that he assumes the Council will be allowing the use of Channel 7 for the Ho Ho Bucks. Keefer stated that this is a community wide event and that there is not a business getting anything out of it. Wallace stated that the Gazette is benefiting from it. Keefer stated that this is the only time of the year that Channel 7 is used like this and that the community usually gets pretty excited about it. Wallace stated that he is concerned that this is opening the door for other businesses.
Marr – Marr asked that information be included in the next council packet showing the trend for the last six to eight years of the final valuations and mil levy. Marr stated that it is good news that there is a partnership developing with the County for the Depot. Marr asked where the list of those licensed to handle skunks can be obtained. Keefer stated that those can be picked up at the Safety Department. Marr stated that on the monthly financials there are several lines over 100% and asked if those budgets will be adjusted. Jones stated that those are revenue funds, so they will not need to be adjusted. Marr asked about an update on Global Parts and on water and sewer set-up. JJ Allen stated that a sewer line does not exist there. Marr asked how far a line would have to run to be connected to the sewer. Keefer stated that a line is in the vicinity of Diamond Road, but it has a small capacity. Marr asked where we stand on the drainage issue at 5th and Oak. Keefer stated that Staff is waiting for results from testing to see if it can be put in the sanitary sewer system. Marr asked how a request for records should be legally submitted. Jones stated that she is the City’s records custodian and requests could be made to her verbally or in writing. Marr asked what the plan is for the Christmas lights downtown. Huddleston stated that there was a special event downtown last Thursday and the lights were not turned on. Keefer stated that they are not lit on a regular basis until Thanksgiving. Keefer stated that he will remind those responsible for turning them on to start doing so.
Adjourn: At 10:05 p.m. Harper made a motion to adjourn. Wallace seconded the motion. Motion carried without opposition.
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