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Official Minutes

September 2, 2009

The Norton City Council met in regular session Wednesday, September 2, 2009, at 5:30 p.m., with Mayor David Corns presiding.  Council members present were Jeff Otter, Donna Foley, Toby Kuhn, Kim Snyder, Roberta Ryan, and Joe Leroux.  Others present were Bill Bussen, Roxanne Kent, Erica Bradley, Deena Wente, Dan Bainter, Pat Morel, Karen Griffiths, Rob Lawson and Darla Ellis. 

Motion was made by Kim Snyder and seconded by Roberta Ryan to approve the August 19, 2009, city council minutes.  Vote taken.  Motion carried.

The following building permits were presented:
Ron Porter    - $ 4,500 – Construct extension to rear of garage at 1021 Churchill Drive
Art Basinger - $ 1,152 – Construct carport and tear down existing garage at 710 N. Grant Ave.

Roxanne Kent was present to thank the Public Safety Committee for working with her on the animal cruelty issue.  She asked that the phone numbers for the animal control officer and the police dispatcher be included in the public service announcements that are made regarding this subject. 

Mayor Corns reported the city sales tax receipts collected in July of 2009 totaled $20,266.13 and the county sales tax receipts totaled $15,110.46 for a total of $35,376.59.  The year to date total receipts in 2009 total $283,406.31.

Karen Griffiths stated she is still working on the recodification of the Norton City Code.  She will meet with the Finance Committee on September 29 to discuss changes to various sections of the code.

Rob Lawson reported the water tower will be filled Friday afternoon, and the smell and taste of the water will be different for a while.  The tower will be drained again next Wednesday for about 10 days.  Once it is painted, it needs to cure for about 10 days.  He stated people have asked about the water running down the gutters, and stated that this keeps the pressure leveled out while the tower is drained so the water mains do not break.  He thanked the city crew and the city office staff for their work during the recent water leaks with the water tower project.

Rob Lawson reported Dave Barber with USDA notified him that the City’s application was filed today, and he is trying to expedite the processing of the application.

Motion was made by Jeff Otter and seconded by Donna Foley to waive the formal 1st reading of Ordinance # 1588, restricting vehicular parking on the north side of E. Warsaw Street, starting at the terminus of N. Norton Street and E. Warsaw Street, thence east 109 feet.  Vote taken.  Motion carried.

Motion was made by Jeff Otter and seconded by Donna Foley to waive the formal 1st reading of Ordinance #1589, restricting vehicular parking on the west side of South Second Street, starting at the terminus of S. Second and Horace Greeley Avenue, from a point north 55 feet to a point north 172 feet.  Vote taken.  Motion carried.

Motion was made by Jeff Otter and seconded by Donna Foley to waive the formal 1st reading of Ordinance #1590, restricting vehicular parking to two hours on the east side of N. Norton Street, starting at the northern terminus of E. Waverly and N. Norton Street, thence north 70 feet.  Vote taken.  Motion carried.

Jeff Otter stated the Public Safety Committee met with Roxanne Kent, who wanted an ordinance establishing fines for people who leave their animals in their vehicles during extreme temperatures.  Police Chief Pat Morel stated two sections in the Uniform Public Offense Code cover this issue.  She asked that it be enforced, and would like public service announcements made regarding this issue.  The Committee also received the August report from the Fire Chief.  The annual pumping tests were completed on several trucks before the swimming pool was drained.   

Motion was made by Jeff Otter and seconded by Toby Kuhn to have an abatement Resolution prepared for the property at 408 South Street, to be considered at the next city council meeting.  Notice has been served and the nuisances have not been abated.  Vote taken.  Motion carried.

Donna Foley reported the Economic Development Board met on August 27 and will contribute $15,000 to the Norton County Foundation promoting Norton County initiatives.  An individual will be working in Topeka on issues in Norton County.

Donna Foley stated 3 firms responded regarding a power plant study, and the Committee will discuss this.  The power plant passed Sunflower’s capacity test and employees have been training on the engines.

Toby Kuhn stated the Finance Committee met with the City Attorney regarding a legal issue with the sludge truck, which was recently purchased.  The capacity of the tank on the truck was incorrectly advertised.  Motion was made by Toby Kuhn and seconded by Kim Snyder to approve the $6,000 settlement payment from Tommy’s Trucks in reference to the sludge truck.  Vote taken.  Motion carried.

Toby Kuhn stated the Finance Committee met with John Mapes of Mapes and Miller, regarding possible fund transfers.  He stated KDHE mandated that the City renovate their water & wastewater plants.  The City recently completed rate studies to determine the utility rates needed to pay for the mandates and were not happy with the results.  The Committee met with Dave Barber of USDA; he thinks USDA can refinance a portion of the Phase I debt and finance Phase II, which would save the City about $170,000 per year in loan payments.  This would also include a grant of $628,500 if the USDA funding is approved.  A portion of the funding would become a 40 year note and the remaining funding would have about 18 years left on it.  There is no penalty for paying off the 40 year note early.  Motion was made by Toby Kuhn and seconded by Jeff Otter to have the city pursue the funding option through USDA.  Vote taken.  Motion carried.

If the USDA funding is approved, the minimum rates will need to be increased by 48.63%, instead of by 77.3% as originally proposed in the rate study.  Motion was made by Toby Kuhn and seconded by Kim Snyder to waive the formal first reading of Ordinance #1591, amending the city water rates.   Vote taken.  Motion carried.

Motion was made by Toby Kuhn and seconded by Kim Snyder to waive the formal first reading of Ordinance #1592, amending the city’s sewer rates.  The rates would be increased by 53.74% in order to cover the loan payment to KDHE for the sewer plant renovations, as recommended during the recent utility rate study.  Vote taken.  Motion carried.

Motion was made by Toby Kuhn and seconded by Kim Snyder to waive the formal first reading of Ordinance #1593, amending the city’s solid waste rates.  These rates reflect a 20% increase to the current rates, as recommended during the recent utility rate study.  Vote taken.  Motion carried.

Toby Kuhn stated the Finance Committee discussed the hardship to citizens when the utility rates are increased so drastically every 4 to 5 years.  Instead an escalator clause has been built into the utility rate ordinances, so that the rates will be increased by 3% each year for water and sewer rates, and 6% for solid waste rates, unless the Governing Body passes a Resolution determining otherwise.

Motion was made by Kim Snyder and seconded by Jeff Otter to approve Cody Bredemeier’s sidewalk replacement request at 406 N. Jones Street, with the City providing the labor and the property owner paying the cost of materials directly to the concrete provider, contingent upon it meeting the city’s requirements.  Vote taken.  Motion carried.

Motion was made by Roberta Ryan and seconded by Kim Snyder to approve Appropriating Ordinance #17 as a whole.  Vote taken.  Motion carried.

Motion was made by Kim Snyder and seconded by Toby Kuhn to adjourn. Council adjourned at 6:05 p.m.

ATTEST: City Clerk               Mayor: David N. Corns