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August 27, 2007

CITY COUNCIL MEETING

August 27, 2007

7:30 p.m.

The Governing Body of the City of Edwardsville, Kansas met in regular session on Monday, August 27, 2007 at 7:30 p.m. in the City Hall Council Chambers.

The following Councilmember’s were present with Mayor Heinz Rodgers presiding:

Chuck Adams Craig Crider Doug Danner Patrick Isenhour Bob Lane

The following staff members were present:

H. Reed Walker, City Attorney

Michael Webb, Interim City Administrator

Phyllis Freeman, City Clerk

Cliff Lane, Chief, Fire Department

Jim Moore, Chief, Police Department

PUBLIC HEARING

City Administrator Michael Webb opened the public hearing by stating the notice had been published in The Chieftain Thursday, August 16, 2007. See Attachment “A” notice of hearing. The 2008 annual budget must be submitted to the County Clerk by August 31, 2007. One of the main issues is a need to build reserves and cut cost. See Attachment “B”

Mayor Rodgers opened the floor for comments from the public regarding the 2008 proposed budget.

Dave Hackathorn, 432 S. 102^nd Street stated at a previous meeting it was stated to encourage retail sales, bring in cash registers. The tower project would do that, why aren’t we more excited about the tower project.

Mayor Rodgers asked the Governing Body if they were not excited about the tower project. All agreed they are excited about the tower project.

Edith Leising, 610 Edwardsville Drive asked why we are in the hole.

Administrator Webb stated more funds were spent that was actually there.

Mrs. Leising asked was it valid spending.

Mayor Rodgers stated there has been an audit completed for 2006; there was no wrong doing.

Mrs. Leising stated that it was stated there will be staff cuts. Where will that happen?

Administrator Webb stated the major position has been eliminated and two officers in the police department have not completed the academy.

John Broman, 1025 Edwardsville Drive stated that when he served as Councilmember they anticipated new business coming into the city. The tower project is anticipated to bring in two million dollars to the city.

Councilmember Isenhour moved to adjourn the public hearing. Councilmember Danner seconded.

Mayor Rodgers requested a roll call vote.
Councilmember Adams, yes
Councilmember Crider, yes
Councilmember Danner, yes
Councilmember Isenhour, yes
Councilmember Lane, yes
The motion was declared carried.

ADDENUM TO AGENDA

Mayor Rodgers asked if there were any additions or corrections to the agenda.

Mayor Rodgers recommended moving 3b due to issue and be placed as 9a. This will allow for public comment.

APPROVE AMENDED MINUTES OF AUGUST 13, 2007 MEETING

After review and corrections Councilmember Adams moved to approve the amended minutes of August 13, 2007. Councilmember Crider seconded.

PAYMENT OF BILLS TOTALING - $243,160.09

Councilmember Lane moved to pay the bills totaling $243,160.09. Councilmember Isenhour seconded.

OLD BUSINESS

TREE TRIMMING

Administrator Webb stated Asplundh was contacted to start in a week or two. Equipment and labor was quoted at $105.00 per hour. Codes Official Peters has been out taking pictures of areas that need to be addressed. It is estimated that it will take 40 to 50 hours to complete the work. This will be paid out of the street improvement fund. Area intersections, areas by the school and blind hills are of concern. Utility companies have been doing some areas.

REQUEST OR COMMENTS FROM THE PUBLIC

Mayor Rodgers introduced Debbie Ball of MWI Veterinary Supply.

Ms. Ball stated she is the Human Relations director with MWI Veterinary Supply. The new location in Mid-Point Corporate Centre is their thirteenth facility. She introduced Kirk Prom who is the manager for the Edwardsville site.

Kirk Prom stated he and his family moved here from Florida and is very excited to be in Kansas. MWI is holding a job fair today and tomorrow. They are very impressed with the turn out of quality candidates. MWI will be hiring approximately 30 team members.

The representatives of MWI Veterinary were well received by all in attendance.

Tom Overby, developer of the Kansas Landmark Tornado Tower project gave an update on the project. Mr. Overby also presented a draft letter that was prepared to be sent to Secretary of Commerce Mr. Kerr. Since January there has been a $60 million dollar contingency. A.G. Edwards is pleased to offer to underwrite approximately $40 million dollars of the underwriting package for this project.

Mr. Overby asked that the city send the letter in order to move forward with the project. After presenting additional information Mr. Overby asked that the city make a motion to send the letter to the state.

Mayor Rodgers stated the city wants to meet with the developer, the developer’s team and the city bond counsel Tuesday or Wednesday of this week.

Mr. Overby stated he would be happy to meet.

After further discussion Councilmember Adams requested to hold the meeting and let the tower project stand or fall on its own merit and provide a written response by Friday at 5:00 p.m. to the state.

Mayor Rodgers agreed to achieve the goal to bring all the parties together in the requested timeline.

Bob Wing, President of the International Association of Firefighters Local #64, with offices at 7540 Leavenworth Road, Kansas City, Kansas asked if it will be allowed to have full discussion including comments from the public for agenda item 9a.

Councilmember Adams stated full discussion during the public comments period which is now.

Mr. Wing thanked the Council and referenced his attendance at the previous council meeting. He also thanked the Governing Body for tabling any action to take the time to study the issue at face value. The program was initiated by the Kansas League of Municipalities not by the employees of Kansas and based on that it has worked as designed. This relationship with the city has had no formal grievances, arbitrations, or court actions. There is a memorandum of understanding for wages that brings the firefighters up to the point where they compete in the metro area as well as benefits through 2010. It is good for the city because it will attract a better quality of employee when you pay good wages and benefits.

Mr. Wing requested that the Governing Body either vote the issue down or not take any action at all. It has worked as designed. There may be issues arise if this issue goes through between the union and the city. There may be good money spent after bad which is needless on both sides. When they organized the firefighters they limited the funding for attorneys to virtually nil because they agreed voluntarily to be recognized so they did not vote for a formal process. That will be an issue. Reasonable people should act reasonably. They have come to the table with the thought that you will resolve and that you will not go to the mat on every issue. He requested to continue the relationship with the city that they have had these many years with the city and take no action on this or if it does come to a vote please vote it down.

Mr. Wing stated he will stand for any questions. Thank you.

Mayor Rodgers asked for any further public comments.

Melanie Cornwell, 212 Mellott stated a stop sign needs to be placed at the new convenience store on Woodend Road. She had several encounters where vehicles pulled out and never stopped. There is no stop sign coming out onto Woodend Road. Possibly placing one of the stops signs taken from 9^th & Woodend and place one there. Mrs. Cornwell asked to have the stop sign raised so the drivers at FedEx would stop also.

Mayor Rodgers stated he will have Chief Moore check into the matter and report back. He felt that it is appropriate that a private company have their own stop sign. As a point of information there are traffic signals planned for along Woodend Road.

Mrs. Cornwell asked if Autumnfest was scheduled.

City Clerk Phyllis Freeman stated Autumnfest is scheduled for September 13^th, 14^th and 15^th. There will not be a parade this year because she was unable to find someone to chair it. The committee determined to get a chair person in January to get the parade in place for next year because it does take a committee to bring it back.

Mayor Rodgers stated it has not been publicized yet because in the past it has caused some confusion between Tiblow Days and Autumnfest so they wait until one is done and then they start the media blitz. It is on the city website. We will start to see a lot about Autumnfest this week.

Mrs. Freeman stated we will have a bigger entertainment venue along with a carnival, pie and chili competition, bar-b-que competition, pumpkin decorating, bingo starts a 6:00 p.m., Friday the 14^th and free concerts starting at noon on Saturday, September 15^th.

Sandra Parks, 1920 S. 98^th Street asked if there was anything new about the flooding issues along Betts Creek.

Administrator Webb stated he is working with Wyandotte County Emergency Management to arrange for federal funds that have become available since the tragedies in western Kansas.

Gary Carpenter, 11030 Riverview Avenue asked about pot holes on 110^th Street in front of Mrs. Stevens house. There are growing shoulder problems along 110^th Street and the safety issues these problems cause. His wife is having the same problem with the shoulders as she travels to work.

Mayor Rodgers stated we have not repaired the shoulders. It seems to be the trailer traffic that is tearing it up. The roadway will be widened and improved with funding that has been available for a few years. The road surface will be improved.

Mr. Carpenter stated there is a foot of concrete showing and drivers are flying at 60 to 70 miles per hour through that area. He asked why the city is repairing the roadway when the developers should be paying for the improvements.

Councilmember Adams stated it is his understanding that the funds have been allocated for that section of roadway and can not be used elsewhere.

Mr. Carpenter asked to have the roadway patched; clearing of brush along Riverview, and asked who is supposed to be keeping the grass cut around the fire hydrant’s, and does the hydrant actually work? The fire hydrant was moved to the south side of Riverview.

Mayor Rodgers stated we will look into the issues and contact Bonner Springs about the fire hydrant.

Edith Leising asked in order to reduce staff does that mean officers will be let go and was Major Marble let go.

Mayor Rodgers stated at the last council meeting the Council decided to eliminate the Major position which happen to be the position that Jim Marble held. That was for budgetary concerns.

Mrs. Leising asked does that mean two officers will not be going to the academy.

Mayor Rodgers stated with the budgetary concerns officers that are still on probation will be the ones let go first.

Mrs. Leising asked who was being considered and how long is the probationary period.

Administrator Webb stated the probationary period is one year for patrol officers.

Mrs. Leising asked a year ago was this known.

Mayor Rodgers stated he did not know what was going on a year ago. He was sitting in the audience and was not sure what was going on either. He could not answer for any budgetary decisions made prior to now.

Mrs. Leising asked how many officers do we have now?

Administrator Webb stated currently there are 18. That total number is on the cities payroll. Its $100,000.00 more than budgeted for 2007. He could not address why the budget and the number of people don’t match. There are more people than we can afford to pay for and as to who goes it is a seniority based system. Probationary people are not yet in the seniority system which is true with any personnel.

Mrs. Leising asked if the city is doing away with what Mr. Wing has been addressing will seniority still be a factor.

Councilmember Adams stated those issues will be decided by the team that is put together to develop a new policy manual. It will be the policies and procedures developed from that. Basically working from a blank slate building a fantastic policy and procedure program for all employees. The goal is to treat the employees of this city with the honor and respect that they deserve. The employees of this city will not be abused while he is watching. Those are top concerns for all elected.

Mrs. Leising asked about the assistance that Councilmember Crider had brought to the Council’s attention.

Councilmember Crider stated that if something would happen to an officer the FOP steps up to help the family with expenses as long as they are current with their dues. Whether the city recognizes it or not they will continue to help the family.

Mayor Rodgers stated his understanding is that if the city opts out of PEERA that does not stop employees from being a member of a union; they can still participate with the union and receive all the advantages with the union. It does not prohibit anyone from joining a union voluntarily or take away their ability to participate in being a member of a union in any way.

Administrator Webb stated there are benefits with the Kansas Police & Fire retirement fund which all members of the city’s police and fire departments are members of that system. If an employee is unable to perform their duties the KP&F has a disability program as well as a life insurance policy.

Mayor Rodgers stated all the elected officials want to have the best protected, happiest and best working employees of the city whether the currently elected are sitting here or not. Their interest is on behalf of the employees as well as the taxpayers of the city. They would not take away any of the benefits the employees enjoy now, they want to enhance them.

Mrs. Leising asked if there had been any discussion with the fire and police to see how they feel.

Councilmember Adams stated this is all a part of the process in putting together the new procedures and policy. They definitely will be apart of it. Yes they are in communication there are some rules that prohibits them from joining off site. They are abiding by state statues and laws. The Governing Body is available to be contacted and talk with them. They want to have an open dialogue with all city employees. We are all public servants.

Ken Couch, 1019 Edwardsville Drive asked how many horses are allowed. Mr. Couch asked if anyone has checked with the humane society. The property owner up from him has 3 horses per acre. Mr. Couch feels that is not safe for the land or for the ponds. This summer his family could not use their swimming pool because of the flies. Mr. Couch asked that the Council address this problem soon. He also stated that it looks as if the neighbor across the street is going to have horses too.

Mr. Couch stated our police and fire departments needs our support and they are great people that do a great job and they need our respect.

Mayor Rodgers stated that in checking the ordinances and zoning there is nothing that states exactly how many horses a person can have in the agricultural/residential district. In the residential district one horse is allowed if the owner has three acres. This may be an issue that goes before the Planning Commission or straight to the Council. In the past that has been handled as a zoning issue.

Mr. Couch stated with the tower project coming to make the city look nice and to have people drive down a mile and a half and say where are we? He feels that would not be pretty for the city it would show low class not good class.

CONSIDER ORDINANCE #851 ADOPTING

2008 BUDGET

Councilmember Adams moved to adopt Ordinance #851 adopting 2008 budget. Councilmember Isenhour seconded.

CONSIDER AUTHORIZING CITY ADMINISTRATOR

TO ENTER INTO CONTRACT ON BEHALF OF THE

CITY FOR ANIMAL SERVICES WITH

BONNER SPRINGS ANIMAL

CARE CENTER

Councilmember Lane moved to approve authorizing the city administrator to enter into contract with Bonner Springs Animal Care Center. Councilmember Crider seconded.

CONSIDER PLANNING COMMISSION RECOMMENDATION TO

APPROVE FINAL REPLAT OF KAW VALLEY INDUSTRIAL PARK

Administrator Webb stated Tim Evans the attorney for Phil Reed and Suzan Reed faxed a request to postpone decision until the next council meeting.

Councilmember Isenhour moved to table this item until the September 10, 2007 council meeting. Councilmember Danner seconded.

ACCEPT RESIGNATION OF LESLIE TROUT

FROM CEMETERY BOARD

Councilmember Lane moved to accept the resignation of Leslie Trout. Councilmember Isenhour seconded and thanked Mrs. Trout for volunteering to serve on the cemetery board and the work she had done with the new cemetery.

APPOINT MELISSA GRIMM TO SERVE ON CEMETERY BOARD

Mayor Rodgers recommended the appointment of Melissa Grimm to complete the term of Leslie Trout.

Councilmember Adams moved to approve the appointment of Melissa Grimm. Councilmember Crider seconded.

Councilmember Danner stated he wanted to make full disclosure that Mrs. Grimm’s husband does maintenance at the cemetery.

CONSIDER RESOLUTION 2007-16 REGARDING

PARTICIPATION UNDER PUBLIC EMPLOYER/EMPLOYEE

RELATIONS ACT (K.S.A. 75-4321 et. seq.)

Councilmember Isenhour moved to approve Resolution 2007-16. Councilmember Danner seconded.

Mayor Rodgers asked for any discussion.

Councilmember Danner stated “there are 627 cities in the State of Kansas. There are 16 who have opted into PEERA. Bonner Springs does not belong. Neither does Shawnee, Mission, Lenexa, Olathe or Overland Park. PEERA was established in 1971 as stated earlier by Mr. Wing to ensure that unions could form, and being a part of the act obligates public agencies, public employees and their representatives to enter into discussions with affirmative willingness to resolve grievances and disputes relating to conditions of employment, acting within the framework of law.”

Councilmember Danner further stated “opting out of PEERA is at the sole discretion of the city. Opting out of PEERA is not union busting. The issue is whether the city prefers local control over state control in personnel matters. No member benefits would be lost by opting out. Conversely, there can be a concern about the unknown – what will a revised policy look like. And will members be protected? Office staff is not unionized nor are they large enough to form a union. They might be able to join an existing one.”

Councilmember Danner continued by stating “currently valid agreements would continue in force until their termination date. A new agreement for 2008 will be required for the F.O.P. There are unknown costs associated with PEERA that probably would not exist otherwise. Thank you.”

Councilmember Adams asked the question “is the city safer because of the cities affiliation with PEERA? Are the employees better off because we are in PEERA? Opting out does not prevent them from joining a union; staying in does not guarantee their permanent employment. His goals are simple; number one is to insure the safety of our city, of our citizens. Second to provide a safe, fair working environment that fosters excellence, provides professional growth and opportunities. Fair pay. Competitive wages for all employees. He wants an environment that fosters all for one environment not pay us versus them environment. Provide a uniform set of policies procedures for all employees that provides a comprehensive process for handling grievances. That process would include people from the union, from the departments, from the Council, from the citizens. The committee would have a tremendous amount of imput from different aspects of the city.”

Councilmember Adams stated “he wants a work environment that is free from fear and intimidation. The ultimate goal is safety. The good of the people not the good of one individual. We are a small town with a big future. That future can only reach its full potential if we work together for the common good. This will take some time but not too long.

Councilmember Adams stated a very reputable ancient writing reminds us “that one cord can be overpowered; two can defend themselves; but a cord of three strands is not likely to be broken. If we construct a cord of three equally strong strands; the fire department; the police department and all other employees we will have a strong cord that meets or surpasses the needs of the people due to its safety. With all that in mind he is confident that this council with the imput of the individuals within the city can develop a policy and procedure that will more than adequately meet the demands of the city and its employees and provide everything that was just mentioned and therefore he will vote to opt out of the PEERA agreement.”

Councilmember Lane stated “he helped to get these two unions in Edwardsville. If the unions had not been available these individuals would still be under KPERS. KP&F has more benefits and the officers have stayed through rough times. Over all having contracts is a much better way to go.”

Councilmember Crider stated “that he agreed with Councilmember Lane. We need to look to the future and not fall back. These people risk their lives every day we need to stand by them 100%.”

Mayor Rodgers stated “if the city would opt out personnel can stay in the union and remain in the Kansas Police & Fire (KP&F).

Administrator Webb stated “employees in KP&F stay in KP&F for life whether they are current or new employees in the police and fire departments. The city can not opt out of KP&F.

After further discussion Mayor Rodgers requested a roll call vote.
Councilmember Adams, yes
Councilmember Crider, no
Councilmember Danner, yes
Councilmember Isenhour, no
Councilmember Lane, no
The motion did not pass.

ADVISORY REPORTS

Mayor Rodgers reminded the members of the City Council of an upcoming conference sponsored by the League of Kansas Municipalities to held at the Overland Park Convention Center.

CITY ADMINISTRATOR

No items.

CITY ATTORNEY’S REPORT

No items.

CITY ENGINEER’S REPORT

No items.

COUNCIL COMMENTS

Councilmember Crider requested mowing further out from the welcome sign coming from the east on K-32 Hwy.

Mayor Rodgers stated that is done on a regular basis to all three of the cities welcome signs.

Administrator Webb stated there is also the Kansas Department of Transportation’s right of way that the state maintains.

Councilmember Lane requested attention to the horse issue, setting a legal limit.

Administrator Webb stated there is a need to establish an ordinance in the agricultural/residential zone that would limit the number of horses. There is one established for residential only.

Councilmember Isenhour stated he had talked with the landowner and noticed how it was destroying land. There were 42 horses on 9.15 acres.

City Attorney Reed Walker stated that can be accomplished by the next meeting.

Councilmember Adams asked how the Planning Commission was doing on the fence ordinance.

Administrator Webb stated they will have a public hearing before they bring forward their finding of fact to be considered by the Governing Body.

Councilmember Adams asked all personnel had received and signed receiving a copy of the employee manual.

Administrator Webb stated every employee will be receiving and signing for a copy of the current personnel policy and in some cases standard operating procedures for the individual departments.

MAYOR’S REPORT

Mayor Rodgers reminded everyone about the leadership conference that will be held in Overland Park.

ADJOURNMENT

Councilmember Crider moved to adjourn at 9:25 p.m. Councilmember Isenhour seconded.
Mayor Rodgers asked for a vote.
All in favor, motion carried.

Phyllis Freeman

City Clerk

City of Edwardsville

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August 27, 2007

CITY COUNCIL MEETING