CITY COUNCIL MEETING

January 14, 2008

7:30 p.m.

The Governing Body of the City of Edwardsville, Kansas met in regular session on Monday, January 14, 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
Councilmember Patrick Isenhour was absent. 

The following staff members were present:

            Michael Webb, Interim City Administrator
            Reed Walker, City Attorney
            Tammie Burgoon, Secretary

Cliff Lane, Fire Chief
Mark Mathies, Police Chief
Lance Scott, City Engineer, Cook, Flatt & Strobel

Approve minutes of December 10, 2007 meeting

Councilmember Adams moved to approve the minutes of December 10, 2007 as corrected. Councilmember Crider seconded.

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

Payment of Bills totaling $264,072.40

Councilmember Crider moved to approve the statement of Bills totaling $264,072.40. Councilmember Eickhoff seconded.

Public Comments

Fred Brant 1449 S. 99^th Street.  I’ve already talked with all of you, but I want it on record that the road they are cutting into for the new retention pond, that I was trying to buy 200 ft. and we kind of talked earlier in some of the other meetings. And then something about a retention or a buffer.  They are building that road about 100 ft. off the property line, right in the middle of a hill so it’s going to be dangerous.  Plus I believe it’s to close too my house.  If I have a road there, people will be running back and fourth there.  My barn is to the right of the fence line.  I want to know if it’s still possible to buy that land if I get it replatted?  Is it possible at all to be bought?  Is it up to the council or even possible?

Councilmember Crider stated that I believe we have talked with him and I agree that if this road is over the crest of the hill, I still say that’s very dangerous.

Mr. Brant stated it’s over 150 ft. to the top of the hill.  That could easily be moved to the top of the hill and be safer and it would be further away. 

Councilmember Crider stated that if we have a truck pulling dozers or loaders and they try to swing out of there and someone pops over that hill someone will get hurt.  My opinion is to put it on top of the hill so you can see what’s coming in both directions.  This could save an accident so someone doesn’t get killed.  If they have that much property they can move it to a safer area.

Administrator Webb stated I think as far as the road part, and Lance is here from the engineering, I think we can certainly look into it. It’s an access road for that project and after that it will have city access, it’s not going to be a public road.  As far as moving the road, the intention was to show that they would have to build an access road and when they were done it would have to stay there.  I think we can work with the contractor to relocate that.  Looking at the topo you can move the hill about 50 ft. 

Mr. Brant stated that it’s 150ft. to the top of the hill. 

Administrator Webb stated that it’s a straight road and first and foremost we going to try to preserve trees and vegetation. 

Councilmember Crider stated that is not how crooked the road is, but the entrance on to 98^th street that is the dangerous part.

Administrator Webb asked Mr. Scott if he felt there would be any issue with moving the road.

Mr. Scott stated no.

Councilmember Adams asked Mr. Brant if his property had been appraised.

Mr. Brant stated you guys said I can’t do anything until you got the land.  Now that you have the land I’m willing to plat it.  What I’m wanting is 600 X 200.

Councilmember Adams stated 200 would put us up and over the top of the hill and down over the other side of it.

Mr. Brant stated no it’s 100 to the fence and another 250 to the top of the hill.  So basically if you cut it at the top, basically from the road back, I would buy. 

Councilmember Adams stated we could consider it and see how it fits into the design.

Mayor Rodgers stated just looking at the design that includes all the detention area.

Mr. Brant stated it is 700 ft. back to be cleared and 35ft. wide.  So I wouldn’t be going back as far as the detention pond. 

Administrator Webb stated I would say briefly, just looking at the topo, the top of the dam on the detention basin is 818. So we would want anything below 820 because it would be subject to flooding.  If the city wants to sell it, that can be done to the best of my knowledge.  We would need to get the land appraised.

Councilmember Adams stated that it’s been his comments from the very beginning to consider Mr. Brant’s request. I think if we could look into it and get some ideas of how to integrate it into our project.

Administrator Webb stated another option is to put some form of a permanent easement in that area to prohibit construction in the future.

Mr. Brant stated it can always be changed.

Webb stated I think if it’s replatted. Not easily, but if the council gives us direction we can move forward.

Councilmember Crider asked what good is that property going to do for the city.

Administrator Webb stated I’m not sure what our plans are for the land

Councilmember Crider stated if it can give him a little privacy and the city can make a little money.

Councilmember Eickhoff asked wouldn’t the land have to go to the highest bidder.

City Attorney Walker stated I’m not sure but I will take a look at it.

Mayor Rodgers directed staff to check into the options along with the practical aspects from the engineering point of view and give us a report.

John Broman 1400 S. 104^th St.

Good evening gentleman.  This is in regards to the quiet zone that we have talked about back in November. I wasn’t able to get out because I was sick in December and I missed the end of December meeting because we didn’t have the meeting.  But this basically breaks down; I know a lot of people have talked about the quiet zone possibly being dangerous. But in order for there to be a quiet zone the railroad crossings have to be made so people can’t drive around the gates like they are doing now.  So it actually makes it safer to put a quiet zone in.  We can do it quite easily as far as 98^th street and 9^th Street can be done easily by putting longer extension arms and counter weights with the equipment that is there. Fourth Street will be our biggest challenge. Because of the power lines you can’t put, on the north side, the longer extension arm. The other way you can do it is to raise 50 feet back from each side and put raised dividers down and you can’t do that on 4^th street for the same reason.  So this will be our biggest challenge.  There is a way, with the wayside horn. You can put a longer arm on the south side and side arms, which will blast at 87 decibels in both directions as the train approaches and then stops when the train reaches the intersection.  I talked with Chris Steinger, one of our legislators and the railroad.  We worked this out about a year and half ago which is about the best method to take care of that.  One suggestion to come up with the money on this is, as you write your bond issue, and you get that 1 percent for issuing that bond, take 25 percent of that money and put it aside for city improvements, such as this quite zone, for sidewalks, that money could be used for other benefits around the city, skate board park or whatever you want to use.  But that’s one way of getting the money without dipping into the taxes.  Any more information you want on this stuff. I couldn’t find my original pamphlet so I had to go through my notes to get there.  These are pretty accurate or you could work with one of the railroad engineers or you could get Chris Stienger back out here and he has the railroad V. P. contact and we can get it done quiet easily.  It would probably be a heck of a benefit because more and more these engineers are coming down with a 105-decibel or 115 decibel on their horns and they are wailing them from one end of town to another.  If we can get at least 2 crossing shut down, it won’ be quite as bad for the residents.  Thank you.

Mayor Rodgers asked when you first looked at this before I don’t suppose you have any real crude numbers did you?

Mr. Broman stated we didn’t know, we just found ways we could do it.  Like 98^th and 9^th street could be done with the crossing arms or with the center dividers going back 50 feet.  But pricing, I couldn’t get enough interest with the council or the mayor at that time to do anything about it, so I didn’t bother dragging anyone else or anymore money of the city’s pockets. But I do agree it would be worth looking into.  I think a cross arm park would be relatively easy and 4^th street would be the most expensive, but I think it can be achieved with reasonable or a little amount of money.  The wayside horns and the one arm going across will make it a lot safer.  I saw people right after Christmas driving a white ford pick-up that came around the 4^th street just when the train got there, and that train was carrying tanks and we don’t know what’s in them.  All we have to do is delay one of those that has chlorine gas in them and it’s going to wipe out the dang town.  So it’s not only a piece of mind but also sound a little quieter but a lot safer to.  Have a good one gentleman.

Ken Brown 1142 S. 105^th Street.  Happy New Year.  Last year we had quite a bit of turmoil around the state and the city.  Paul Morrison did the right thing by resigning and I would hope that we have in the next year no turmoil in the city.  And if any elected official does have turmoil, step down.  I think that would be for the better of the community and the person that does it.  Because we don’t need all those television cameras out here trying to figure out what were doing.  Thank you.

Consider Planning Commission recommendation to approve Final Plat of Canaan Landing 2^nd Plat

Councilmember Adams moved to accept the recommendation of the planning commission to approve Final Plat of Canaan Landing 2^nd Plat. Councilmember Danner seconded.

Mayor Rodgers requested a roll call vote.

Councilmember Adams, yes
Councilmember Crider, yes
Councilmember Danner, yes
Councilmember Isenhour, absent
Councilmember Eickhoff, yes
The motion was declared carried.

Consider Resolution 2008-01 regarding KPERS approved signers

Councilmember Crider moved to adopt resolution 2008-01 regarding KPERS Michelle Bounds, City Treasurer as an approved signer. Councilmember Eickhoff seconded.

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

Consider Resolution 2008-02 regarding one 2008 Police Vehicle Lease Purchase.

Councilmember Adams moved to adopt resolution 2008-02 regarding one 2008 Police Vehicle Lease Purchase.  Councilmember Crider seconded.

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

Consider purchase of Police Records Management System

Councilmember Crider moved to accept the purchase of Police Records Management System. Councilmember Eickhoff seconded.

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

Consider bids for Eastside Regional Detention Basin Improvements.

Councilmember Adams moved to award bid to Miles Excavation in the amount of $151,020 for construction of the Eastside Regional Detention Basin Improvements.

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

Consider authorizing contract services with CFS Engineers for construction & inspection services of Regional Detention Basin

Councilmember Danner approves to authorizing contract services with CFS Engineers for construction & inspection services of Regional Detention Basin.  Councilmember Eickhoff seconded.

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

Consider authorizing contract services with CFS Engineers for I-435 Frontage Road design and bidding services

Councilmember Eickhoff moved to authorize contract services with CFS Engineers for I-435 Frontage Road design and bidding services.  Councilmember Danner seconded.

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

Consider Amusement Licenses for Mac’s Bar & Grill (13)

Councilmember Eickhoff moved to approve 13 Amusement Licenses for Mac’s Bar & Grill.  Councilmember Crider seconded.

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

Consider Amusement Licenses for Lee’s Arcade @ Swift Transportation (8)

Councilmember Adams moved to approve 7 Amusement Licenses for Lee’s Arcade @ Swift Transportation.

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

Advisory Reports

City Administrator

Administrator Webb stated that he has been in contact with three companies to serve as right-a-way agents.  Effectively they will go out and appraise property for the purpose of easements on the sewer line and the road project.  They will prepare reports and then those reports will come back to us. That is the basis for offers to acquire temporary and permanent easement on those projects.  Once we have that in hand then we provide that back to those property owners. Then the agent will meet with each one of the property owners that have an easement. They will walk the easements with them if that’s what they would like to do. They will go out and determine the value of those easements so we can move forward on these projects.

I would like to give just a little update on the Woodend Road projects.  We have two parts to the project.  We have a state portion and city state portion; roughly the entrance to the Fed Ex road is the separation between them.  We are moving forward to the city portion.  We have sent letters to all the property owners asking for dedication for right-a-way. All that I have spoken with have been willing to deed that right-a-way at no cost to the city.  For the most part we are not asking for a lot.  Fifteen feet is the largest area that we are asking from anybody mostly for drainage purposes.  You can be looking in March for an awarded bid for that project and the bonds have been issued.
Michelle and I will be meeting with the auditor this week to get the audit started and discuss the fee along with other issues we have talked about.

In February you can expect an ordinance on two IRB’s.  First the Coleman project which has already had the public hearing ect.; along with the plat we spoke about tonight.  Then we also have an outstanding IRB, which we were not aware of, with the Van Booven project.  We will have more information after further investigation.

We have been quite disappointed with e-mail spam and other problems.  We have put in what’s called an e-mail spam appliance that should show a significant change of incoming mail concerning spam.

We’ve had one predevelopment meeting with the Sands Casino.  They intend on having some public meetings here in the community to talk about their proposal.  We fully anticipate that we will have a zoning application arrive on or before the 16^th of January.  But too date, we have not received an application.  They will need to follow the same process that we have done for the rest.

Councilmember Crider asked when did the Sands first contact the city.

Administrator Webb stated the initial contact was made in December before the filing deadline asking how they could receive an endorsement from the city.  We don’t think there’s anyway to do that before the end of the year because you have to go though the zoning process and the next time you can file for zoning is January 16^th. The next notice I was aware of was the published filing on television.  We made it very clear to them that we would follow the same process for them that we followed with the Golden Heartland.

We’ve had several discussions about workshops.  We would like to set up a workshop on February 9^th from 8:30 – 1:00.  Art Davis, a former city manger, would hold the workshop.  The topic is Governance.  I would like to discuss how we are organized.  I would also like on February 23 to be a workshop on Vision Goal Setting.  This should be based on how you see the community in 10 - 20 years.  This will be utilized in the budget process.  All dates and times are flexible.  We would also like to have senior staff available also.

City Attorney

No report at this time.

City Engineer

No report at this time.

Council and Mayor Comments

Mayor Rodgers stated that we do have a work session scheduled for January 28, 2007 @ 6:00 p.m.  Brent Miles from Wyandotte Development Inc. will provide a presentation.

Councilmember Adams stated as mentioned at a previous meeting that he would like to have a work session regarding the Kansas Landmark Tower.  He asked Tom and Diane Overby if they would have any items available to discuss.

Mr. Overby stated that he wasn’t aware of the meeting.  He stated that he did meet with Mike Webb a couple of weeks ago and his development team is currently meeting now to formulate the next step.

Councilmember Adams stated that there is really no need at this time to meet.

Mr. Overby stated no.
Councilmember Crider was asking if the city promised the Sands Casino anything.

Administrator Webb answered no.

Councilmember Crider asked if they inquired how many acres they wanted to put this on.

Administrator Webb stated he didn’t recall them saying a number. I know they made a comment during the predevelopment meeting that they had more acreage then they necessarily needed for the project.  

Councilmember Crider asked if they have submitted a location or what their plans might be.

Administrator Webb stated they have announced publicly that they are looking basically north of Riverview and east of 110^th street.  

Councilmember Crider asked who is the first person a land owner makes contact with when the comes into the city.

Administrator Webb stated that he gets a fair number of calls.  But sometimes it’s nothing more than a real estate agent asking a question. Sometimes it’s bigger than that.  The Sands asked if the Mayor and I were available to meet.  It somewhat varies, but he will always listen to anyone that wants to come forward.

Councilmember Crider asked other than the Sands have there been other developers interested in the past few months that have inquired.

Administrator Webb stated we have discussions with the two gaming facilities, The Kansas Landmark Tower, Butler International  & Winn/Stonerose, which currently owns the tract at 110^th and I-70. 

Councilmember Crider stated the reason for his comments is because we have 650 acres up there and we haven’t turned an ounce of dirt in the last seven years.  I received a phone call from a land owner that stated he/she had came down here and wanted to know who the contact was and that she had a buyer wanting to buy property or put an option on a property in the redevelopment district.  She was told that we are not interested in more development in the district.  Are we turning people away? 

Administrator Webb stated that I have never said to a developer, individual or anybody else, that we are not interested in redevelopment in the redevelopment district or anywhere in the city.  I do believe that we could do a better job with the package of information that is available.  I’ve told every applicant that I’ve come in contact with in the last 20 years, I’m not their opponent or proponent.  I don’t carry their case for them or present their case for them nor am I there to be a roadblock for them.  My job and the staff’s job, is to insure we respond to the information that’s needed and to be helpful and courteous.  There is no reason why we don’t want anyone to develop.   But if someone wants a change of zoning, they are the applicant that has to explain to the planning commission, why they want to change a land use plan.  We don’t really get into the recommendation process to say go forward with project or don’t go forward with this project.  We will certainly provide all the information we can to make it an easy process to work forward. 

Councilmember Crider asked if the council would be able to obtain a Kansas Municipal Book.

Administrator Webb stated that we can order them for $25.00 a copy and that we are not allowed to photocopy.  We are planning on using them for the workshops also. 

Councilmember Crider requested a copy of what each company paid on a development agreement and what kind of escrow they requested with their development agreement for Van Booven, Top Care, and Raintree.  I would also like to know who was involved in writing the agreements and who made the payment.  Please include any business that you think would be helpful.

Mayor Rodgers stated that he didn’t believe that there was a development agreement with Top Care and Van Booven.

Councilmember Eickhoff asked Chief Mathies when you send your DUI’s, where do you take them.

Chief Mathies stated that we process them at Bonner Springs.

Councilmember Eickhoff asked if there was a reason we don’t just take them to the county.

Chief Mathies stated historically I don’t know why, that’s just what we do. 

Councilmember Danner stated that he appreciated Mr. Webb for providing information on the tax abetments about a month ago.

Councilmember Eickhoff would like to thank Chief Mathies and Administrator Webb for getting together and allowing our Edwardsville citizens know that they can receive free report if they are victim of a crime, instead of being charged for the report.

Councilmember Danner asked Chief Mathies for an update on community policing.

Chief Mathies stated that he believed that we are currently doing this on a daily basis and that we should always being enhancing. 

Mayor Rodgers publicly thanked Tammie Burgoon for filling in while Phyllis Freeman and Michelle Bounds were absent.  Administrator Webb also added a thank you to Kathy Hernandez; along with some temporary help that was provided.

EXECUTIVE SESSION

Councilmember Adams requested an executive session to discuss non-elected personnel issues that will include Reed Walker and the Council no less than 20 minutes.  Councilmember Danner Seconded.

RECONVENE TO REGULAR SESSION

Mayor Rodgers reconvened to regular session at 10:02.

ADJOURNMENT

Councilmember Eickhoff moved to adjourn at 10:03 pm. Councilmember Danner seconded.