CITY COUNCIL MEETING

February 11, 2008

7:00 p.m.

The Governing Body of the City of Edwardsville, Kansas met in regular session on Monday, February 11, 2008 at 7:00 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                         John Eickhoff
Patrick Isenhour                      

The following staff members were present:

            Michael Webb, City Administrator
            H. Reed Walker, City Attorney
            Phyllis Freeman, City Clerk
            Cliff Lane, Chief, Fire Department
            Mark Mathies, Chief, Police Department

APPROVE MINUTES OF JANUARY 28, 2008

Councilmember Isenhour moved to approve the minutes as written. Councilmember Crider seconded. 

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

PAYMENT OF BILLS TOTALING $81,098.00 

Councilmember Crider moved to pay the bills in the amount of $81,098.00. Councilmember Isenhour seconded.

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

PRESENTATION BY MID-AMERICA REGIONAL COUNCIL
SMART MOVES PROGRAM
TOM GEREND, ASSISTANT DIRECTOR OF TRANSPORTATION 

Mr. Gerend introduced to those in attendance a power point computer presentation regarding many forms of transit systems. Light rail and express bus were two forms of transportation presented. The main vision is “Connecting People to Places in Metropolitan Kansas City”.

REQUESTS OR COMMENTS FROM THE PUBLIC 

None presented.

CONSIDER PLANNING COMMISSION RECOMMENDATION TO
REZONING OF PROPERTY FROM C-2, COMMERCIAL EXTENSIVE TO
I-1, INDUSTRIAL NON-HAZARD FOR

JC SPEEDY LUBE LOCATED AT 9701 KAW DRIVE

ORDINANCE #861 

AN ORDINANCE AMENDING THE “OFFICIAL ZONING MAP” REFERRED TO AND MADE A PART OF THE ZONING REGULATIONS BY SECTION 40.01 OF ORDINANCE NO. 639 INCORPOATED BT REFERENCE BY SECTION 16-201 OF THE CODE OF THE CITY OF EDWARDSVILLE, BY PROVIDING FOR A CHANGE IN ZONING ON PROPERTY LOCATED AT 9701 KAW DRIVE WITHIN THE CITY, FROM C-2 COMMERCIAL EXTENSIVE DISTRICT TO “I-1” INDUSTRIAL NON-HAZARD DISTRICT.

Administrator Webb stated the Planning Commission has presented their findings of fact and recommend approval.

Councilmember Isenhour moved to adopt Ordinance #861. Councilmember Eickhoff seconded. 

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

CONSIDER ORDINANCE #862
REGARDING THE ISSUANCE OF
INDUSTRIAL REVENUE BONDS FOR
J. COLEMAN, INC. 

ORDINANCE #862

AN ORDINANCE AUTHORIZING THE CITY OF EDWARDSVILLE, KANSAS, TO ISSUE INDUSTRIAL REVENUE BONDS (COLEMAN ENTERPRISES PROJECT), SERIES 2008, IN A PRINCIPAL AMOUNT NOT TO EXCEED $1,800,0000, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COST OF ACQUIRING, PURCHASING, CONSTRUCTING, INSTALLING AND EQUIPPING A COMMERCIAL PROJECT, INCLUDING LAND, BUILDINGS, STRUCTURES, IMPROVEMENTS, FIXTURES, MACHINERY AND EQUIPMENT; AUTHORIZING THE CITY TO ENTER INTO A TRUST INDENTURE WITH THE TRUSTEE SET FORTH THEREIN; AUTHORIZING THE CITY TO ENTER INTO A LEASE AGREEMENT WITH J. COLEMAN ENTERPRISES, L.P.; AUTHORIZING THE CITY TO ENTER INTO A BOND PURCHASE AGREEMENT IN CONNECTION WITH SUCH BONDS, AND AUTHORIZING AND APPROVING THE EXECUTION OF CERTAIN DOCUMENTS AND THE TAKING OF OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF SAID BONDS.

Scott Anderson, Gilmore & Bell, Bond Counsel presented Ordinance #862 for consideration of approval.

Administrator Webb recommended approval and adoption of Ordinance #862.

Councilmember Adams moved to adopt Ordinance #862. Councilmember Danner seconded. 

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

CONSIDER ORDINANCE #863 REGARDING

THE ISSUANCE OF

INDUSTRIAL REVENUE BONDS FOR VANBOOVEN TREE CARE

ORDINANCE #863

AN ORDINANCE AUTHORIZING THE CITY OF EDWARDSVILLE, KANSAS, TO ISSUE INDUSTRIAL REVENUE BONDS (VANBOOVEN INVESTMENTS PROJECT), SERIES 2008, IN A PRINCIPAL AMOUNT NOT TO EXCEED $825,000, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COST OF ACQUIRING, PURCHASING, CONSTRUCTING, INSTALLING AND EQUIPPING A COMMERCIAL PROJECT, INCLUDING LAND, BUILDINGS, STRUCTURES, IMPROVEMENTS, FIXTURES, MACHINERY AND EQUIPMENT; AUTHORIZING THE CITY TO ENTER INTO A TRUST INDENTURE WITH THE TRUSTEE SET FORTH THEREIN; AUTHORIZING THE CITY TO ENTER INTO A LEASE AGREEMENT WITH VANBOOVEN INVESTMENTS, INC.; AUTHORIZING THE CITY TO ENTER INTO A BOND PURCHASE AGREEMENT IN CONNECTION WITH SUCH BONDS, AND AUTHORIZING AND APPROVING THE EXECUTION OF CERTAIN DOCUMENTS AND THE TAKING OF OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF SAID BONDS.

Administrator Webb recommended approval and adoption of Ordinance #863.

Councilmember Crider moved to adopt Ordinance #863. Councilmember Danner seconded. 

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

CONSIDER AMENDING CHAPTER 11, ANIMAL CONTROL &

REGULATION OF THE EDWARDSVILLE CODE OF ORDINANCES. 

ORDINANCE #864 

AN ORDINANCE AMENDING THE CODE OF THE CITY OF EDWARDSVILLE, KANSAS, (“CODE”), CHAPTER 11. ANIMAL CONTROL AND REGULATIONS, AMENDING SECTION 2-101, DEFINITIONS; AMENDING SEECTION 2-108; CREATING SECTION 2-109 CHAINING, TETHERING OR PICKETING OF DOGS; EXCEPTIONS TO 2-107; AMENDING SECTION 2-111 NUISANCE; ANIMAL ACTIVITIES PROHIBITED; AMENDING SECTION 2-115 DANGEROUS OR VICIOUS DOGS; AMENDING 2-117, IMPOUNDMENT; AMENDING 2-301, EXOTIC ANIMALS.

Administrator Webb recommended the approval and adoption of Ordinance #864.

Councilmember Isenhour moved to adopt Ordinance #864. Councilmember Adams seconded. 

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

STAFF REPORTS 

Police Chief Mathies recommended per the memorandum of understanding to terminate Lewis Henry for just cause.

Councilmember Crider moved to approve Chief Mathies’ recommendation to immediately terminate Lewis Henry. Councilmember Isenhour seconded. 

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

CITY ADMINISTRATOR 

Administrator Webb reported:

Sewer improvements: Northern sector, connection via Turkey Creek. Will provide more information at work session prior to next meeting.

Economic Development: Mid-Point Corporate Centre is in the process of building an 80,000 square foot facility; establishing a 20 year lease; will be requesting tax abatement. Future development on a 10 acre tract located at 98^th & Woodend Road by Terry O’Leary. Woodend Road improvements bid opening is scheduled for March 11, 2008. Request for proposals for roof repairs to offices north of city hall will be accepted until March 4, 2008.

COUNCIL AND MAYOR COMMENTS 

Councilmember Adams stated he still wants to develop a slogan for the city possibly coordinating this effort with the schools.

Councilmember Crider requested better lighting on the east side of the community center. He also requested the information regarding the “Kansas Landmark Tower” be placed back on the city website and if Mr. Overby’s request for sewer location had been provided.

Administrator Webb stated it has been estimated to build the sewer would be approximately $4,500,000.

Councilmember Crider stated Mr. Overby has stated that is no problem, he would provide sewers from his project south to K-32 Highway.

Councilmember Adams stated that should be placed in a development agreement.

After further discussion Administrator Webb will be sending correspondence to Mr. Overby.

Councilmember Danner asked about a possible teen hang out on city property.

Administrator Webb stated there needs to be more discussion on the matter. 

ADJOURNMENT 

Councilmember Isenhour moved to adjourn at 8:13 p.m. Councilmember Eickhoff seconded.

Mayor Rodgers declared motion carried.

Phyllis Freeman

City Clerk