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March 10, 2008

7:00 p.m.

The Governing Body of the City of Edwardsville, Kansas met in regular session on Monday, March 10, 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

Reed Walker, City Attorney

Phyllis Freeman, City Clerk

Cliff Lane, Fire Chief

Mark Mathies, Police Chief

Mayor Rodgers stated there is a correction to item #9 to adopt proposed Ordinance 867 on the agenda. It should state $11.50/month per household. It will be addressed in more detail at that time.

MINUTES OF FEBRUARY 25, 2008

Councilmember Crider moved to approve the minutes of February 25, 2008. Councilmember Adams seconded.

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

STATEMENT OF BILLS - $424,041.53

After discussion Councilmember Isenhour moved to approve the statement of bills. Councilmember Eickhoff seconded.

REQUESTS OR COMMENTS FROM THE PUBLIC

John Broman, 1400 S. 104^th Street stated he noticed water run-off is causing a sink hole and is eroding the ground by the picnic tables at River Park.

Administrator Webb stated he is working on the situation.

Mr. Broman also suggested having someone clean the ramp after a storm so debris does not collect at the end of the boat ramp.

Mr. Broman also commented on the proposed sewer maintenance fee. There used to be an annual fee of $12.50 and the last council abolished the fee. If it is proposed to be a $6.25 monthly fee to the users, and an additional $11.50 monthly for trash pickup, the users will be paying a higher rate due to a current charge also applied to their water bill by the Board of Public Utilities. It may cause some problems to the residents who are on fixed incomes; possibly it needs to be re-evaluated.

Mr. Broman stated the railroad quiet zone proposal was presented; Administrator Webb was interviewed and stated if nothing was done tonight it may be another 3 to 4 years before it could be considered. He hoped it was an inaccurate statement. If nothing else start diverting some of the bond money into a fund that could start building up the money that will be needed for the quiet zones. Two intersections can be done relatively cheap by putting the center dividers up that would cut down on two-thirds of the noise that the city deals with at the current time.

Mr. Broman encouraged home owners to protest the taxes being charged. He offered helping anyone that might need assistance.

Mayor Rodgers stated it was a miss quote by the reporter on what had been stated by Administrator Webb.

Administrator Webb agreed.

Rebecca Carter, 629 S. 4^th stated she had a few questions starting with Mayor Rodgers.

Mrs. Carter asked Mayor Rodgers as Mayor shouldn’t he be supporting each and every prospective development project equally and without partiality?

Mayor Rodgers stated yes.

Mrs. Carter asked Mayor Rodgers what happened to the two town hall meetings a year that he had stated would happen during his campaign.

Mayor Rodgers stated those are still in the works right now.

Mrs. Carter stated it has been about a year since you came into office, correct?

Mayor Rodgers stated it has been about ten months.

Mrs. Carter asked City Administrator Webb if he could tell her what the development goals are for 2008 in the industrial area and the redevelopment area.

Administrator Webb stated not at this time, nothing specific as far as a particular plan. The City Council is meeting on March 31^st to do a strategic planning session. And those areas may be discussed.

Mrs. Carter asked Councilmember Adams that he had referenced a committee, what is the goal or purpose of that committee?

Councilmember Adams stated as Mrs. Carter serves on that committee; to look at an entry point for locations of where developers can come into the city; he has asked for input from the committee members; he has been talking with the committee members and that is the main goal.

Mrs. Carter asked Councilmember Adams if anything has been implemented or started.

Councilmember Adams stated no.

Mrs. Carter asked Councilmember Adams to explain to the audience how much of his 120 campaign strategy is in effect right now.

Councilmember Adams stated about 50%.

Mrs. Carter asked for each Councilmember and the Mayor to tell the people what they feel that they have accomplished since becoming elected or appointed in the last 10 months.

Mayor Rodgers apologized for interrupting but there will be a town hall meeting where the public will be more than welcome to have an open dialogue with a full council. However at this time we are looking for comments and concerns of the public. It is not necessarily an interview session.

Mrs. Carter stated this is not an interview; we just want to know if you feel that you have accomplished anything.

Councilmember Adams stated he would be happy to entertain any phone calls.

Mayor Rodgers stated he did not feel that was not a good question; it is that this is not the proper forum.

Mrs. Carter asked if there had been a date set for the town hall meeting.

Mayor Rodgers stated no, but all e-mail addresses and some telephone numbers are available on the city website.

Dave Hackathorn, 432 S. 102^nd Street has asked about sewers in the past; is BPU in the business of building sewers? He is aware they maintain them but do they build them.

Mayor Rodgers stated no, not in our city.

Administrator Webb stated the Unified Government handles sewers not the BPU.

Mr. Hackathorn asked if the Unified Government builds them or maintains them.

Administrator Webb stated they do not build them in our city but they do build their own sewers.

Mr. Hackathorn stated he feels that the sewer study that was a part of the possible plans for development on the north side of Riverview that he feels that is a waste of our money or whoever’s money that is building it if it is going to be temporary; and would like to recommend some other place than that.

Mr. Hackathorn asked about the tower project, we have not heard much about that; it has been stated that the Overby’s have stated that they will pay for the sewers but we have not heard anything. He asked if there had been any discussion or plans to move ahead on that.

Administrator Webb stated he had met with the Overby’s. One of the discussions was the Betts Creek sewer interceptor and how that might be funded as a part of a development agreement. They indicated they would have a draft development agreement to the city in the fairly near future. Discussion is still on going.

Mr. Hackathorn stated he was hoping that project was not set aside because of the casino situation in light of the 60 day extension that was just granted. He gave an example to say that Golden Gaming got the casino approval that Sands would sue them and visa versa because they all want to build it. He feels that the tower project has been set aside.

Mayor Rodgers stated the tower project is waiting to see the outcome of that; they will be waiting for awhile. The casino applications have no bearing on the sewer plans other than they may be the first one’s to come along to help finance and put a funding mechanism in place. No one with the city is waiting for the outcome of that. The only other developer that has had discussions with the city is the tower group. At this point we are just waiting for a development agreement from the tower group.

Administrator Webb stated one of the primary reasons for the sewer study was that if you have a project as large as the casino’s or the tower and not knowing what sewer impact they might have; but based on what has been said to take Betts Creek; that has always been the preferred routing. If Betts Creek can get built that would be the best route. If that is not in play what options are out there. One option would be to do the northern route at a lower cost and still serve a fairly large area. The cost would be smaller but you are looking at smaller projects such as 10, 15 or 20 acres verses these casinos or the tower project; they would need 25 to 50 acre projects that would generate a lot of sewer flow. Smaller development sites would not generate enough flow or cash to fund sewer lines to go down Betts Creek. Four and a half million dollars is the construction costs right now; it could be six or seven million when you include engineering, right-of-way, land acquisitions. For smaller projects that would not be feasible, but with a million dollar project as an option then that would make sense to get construction and development started in the north end. It can’t happen when you are developing smaller projects.

Mayor Rodgers stated that the reason for the sewer study was to give more realistic numbers to any potential developer that would approach the city for the north end. It was not geared to any specific project.

Sandra Parks, 1920 S. 98^th Street asked what the policy and procedure for notices and signs for hearings that are held before the Planning Commission. They have a hearing before the Planning Commission on March 19^th regarding a permit for business. A paper sign was delivered today at 5:00 p.m. and were told that the sign must be up today and it must be water proofed. This is an application for a special use.

City Clerk Freeman stated staff made attempts to notify Mr. & Mrs. Parks and at 5:00 was the only opportunity staff could find any one at the home to notify the Parks of the sign requirements to post the property before the hearing.

Mrs. Parks asked if the sign was posted by Tuesday would that be sufficient time without any penalties.

Administrator Webb stated that if the sign was up by then that would be sufficient time for the Planning Commission to hold the public hearing for the special use application.

Perry Parks, 1920 S. 98^th Street stated he has a problem with the special use application to have a business from the home; he been in business since 1972. Jeff Martinek serves on the planning commission. All of a sudden people have businesses from their homes but two businesses were picked; his and the Anderson’s for being a trucking business.

Mayor Rodgers indicated there are four businesses that were found to be out of compliance and improper zoning; in order to maintain those businesses within their improperly zoned areas that require a special use permit. Those four businesses have applied for a special use permit.

Mr. Parks asked that the businesses along K-32 are compliant?

Mayor Rodgers stated yes that is a commercially zoned area.

Mr. Parks stated then you have to be commercial to have a business you can’t have a business in your home?

Mayor Rodgers stated you can have a home business but there are specific types of home businesses that are allowed. You’re not allowed to run a commercial business from your home. A home business can only take up to 20% of the square footage of your home and can not be from an out building. That is what the city codes state and that is what we go by.

Mr. Parks asked when that code was enforced. He knows that people make codes for the future; he has been noticing that; they don’t enforce them; all of a sudden they start enforcing what they want. Mr. Parks provided history on his property and presented his concerns.

Mayor Rodgers stated he was not aware of how long Mr. Parks property has been zoned R-1 or in the residentially zoned district and zoning usage. That is part of the problem. It would be totally acceptable to operate out of the zone district as long as he has a special use permit and that gives the opportunity of a public hearing

Mayor Rodgers stated he does understand the frustration because as more and more people move in, there is more and more people that sometimes raises issues.

Mr. Parks stated he is getting older too and keep doing…………

Mayor Rodgers stated all that he knows is that there are ordinances on the books; those zoning regulations and those ordinances are to protect everybody rights.

Mr. Parks stated no matter what type of business there is he thinks it is unfair; he has been here since 1972 and then a person comes in 6 or 7 years ago and he brings a lumber company in his garage. No one told them they need a permit to do it; it’s a favoritism thing that is what it turns out to be.

Councilmember Danner asked where the lumber yard is located.

Mr. Parks stated at Jeff Martinek’s house.

Mrs. Parks stated he sits on the planning commission.

Mayor Rodgers stated Mrs. Parks sat on the planning commission when he served; if what Mr. Parks wants to do is to report a violation….

Mr. Parks stated it is no violation as far as he is concerned, but don’t complain about him having a trucking company. There were no problems until all these people starting moving in on 98^th Street. What you did on 102^nd Street was your business; there was no body concerned with it.

Mayor Rodgers stated that tends to happen when more and more people move in because they expect their property values to be protected and the zoning to be proper.

Mr. Parks thanked Mayor Rodgers. After further discussion Mr. Parks stated he did not want to be made an example.

Mayor Rodgers stated that Mr. Parks was not. Public hearings have been set for two year special use hearings scheduled for March 19, 2008 of which Mr. Parks and three other businesses have applied for a special use permit.

Michael Clarrey, 2048 S. 98^th Street stated the concern of property values and helping people out. What about the water problem in that area it has been going on for over ten years. Each administration gets in and they say we will do the best we can but nothing gets done.

Mayor Rodgers stated last Friday he was in the area of 98^th Street south of Kansas Avenue and currently construction is going on to prepare for the 98^th Street regional detention. It is hoped that project will be completed before the spring rains. It should be interesting to see if this eliminates any of the problems.

Mr. Clarrey asked about the water that comes from the race track area.

Mayor Rodgers stated he didn’t know what to tell Mr. Clarrey.

Mr. Clarrey asked if he brought pictures of the area to the City Council would that help better understand; he has pictures where it comes from to get to Betts Creek.

Mayor Rodgers stated we live in a city that is on a bluff beside a river in between another river within a 100 to 500 year flood plain.

Mr. Clarrey stated the issue of property values; his property value has gone down; he talked with realtors and was told he had to list his property as flooded, they need some help.

Administrator Webb stated he spoke with Bob Evans, Unified Government where we start to work on flood mitigation programs. It is necessary to prove actual damages and that makes it difficult to get mitigation funds. A complete list of properties affected by the waterway has been provided to Mr. Evans.

There was further discussion of the affected area incurring water problems.

Mr. Clarrey asked when the sewers were to start on 98^th Street.

Administrator Webb stated possible completion in September or October. Acquiring the necessary right-of-way so that stub outs can be done for the future and the necessary easements is still in the process of completion.

Ken Brown, 1142 S. 105^th Street asked if item 8 on the agenda affects all houses.

Mayor Rodgers stated only those on sewers.

Bill Gardner, 2050 S.98^th Street asked about the easements. His property is one that runs along the improvements. His gas meter is 8 feet from the road and his home is 18 feet from the road.

There was more discussion regarding right-of-way, easement and road closing issues and if landowners are required to connect to the new sewer line. Also to bring existing home site issues to the attention of the city engineer. Administrator Webb stated the plans have been submitted to KDHE for approval so any future changes must be reviewed by KDHE. Questions and concerns were discussed regarding possible locations to develop a casino and a water park and how it would affect the down stream homeowners.

PROCLAMATION RECOGNIZING APRIL AS

FAIR HOUSING MONTH

Mayor Rodgers read the proclamation.

A GENERAL DISCUSSION PERTAINING TO RAILROAD QUIET ZONE

Councilmember Danner stated he was concerned with the cost when he would prefer to have a grocery store as indicated by residents in the city. Providing transportation for the elderly, pedestrian cross walk and not take any action on the quiet zone until financing is available.

Councilmember Crider stated his concern with no sidewalks at the railroad crossing. He has seen a lady in a wheel chair actually go into the street to cross the tracks. The quiet zone is a good issue but the city streets need repaired.

Councilmember Adams stated he was in favor of moving forward, but not in favor of the quiet zone right now because the city does not have a quarter of a million or half a million dollars in the budget. However it would be important to take a look at what the future looks like. But with $4,500 the city could get a report from them with an estimate of what it would cost to meet all the guidelines. He agrees with the concerns for a crosswalk in that area; against the idea of a grocery store that is private enterprise; supports enhancing transportation; feels it would be a good investment to spend $4,500 that is in the budget to get the report to help establish the facts to move forward.

Administrator Webb stated you will have some in favor and some not in favor. It is best to get all cost to know where it would be best to start, other cities have had the same discussions regarding planning and cost.

Mayor Rodgers stated we need better pedestrian crossing over the tracks; especially for handicapped individuals; improvements to the parks. Olsson gave a very informative presentation.

Councilmember Eickhoff stated a crosswalk is needed all the way across the tracks.

Councilmember Isenhour agreed with the crosswalk discussion to help all residents.

CONSIDER AWARDING A BID FOR CITY HALL COMPLEX ROOF REPAIRS AND REPLACEMENT AND AUTHORIZING

CITY ADMINISTRATOR TO ENTER INTO CONTRACT FOR SUCH SERVICES

Councilmember Adams moved to approve Premier Contracting. Councilmember Eickhoff seconded.

CONSIDER ORDINANCE NO. 865 REVISING CODE OF ORDINANCES,

SECTION 150144, REGARDING SEWER CONNECTIONS

Councilmember Crider moved to table item #7. Councilmember Danner seconded.

CONSIDER ORDINANCE NO. 866 REVISING CODE OF ORDINANCES, SECTION 15-115 AND 15-116, REGARDING SEWER MAINTENANCE FEE

($6.25/MONTH PER HOUSEHOLD)

Councilmember Eickhoff moved to adopt Ordinance #866. Councilmember Crider seconded.

CONSIDER ORDINANCE NO. 867 ESTABLISHING A MONTHLY

SOLID WASTE CHARGE ($11.50/MONTH PER HOUSEHOLD)

Councilmember Adams moved to table item #9. Councilmember Isenhour seconded.

STAFF REPORTS

Administrator Webb reported:

An update on the detention basin:

8 boxes have been set and wing wall

Woodend Road improvements bid closing March 13, 2008 at 2:00 p.m.

Planning Commission will hold public hearing regarding Sands rezoning on March 13, 2008 at the Community Center. The application will be presented to the City Council on April 14, 2008.

J C Speedy Lube, 9701 Kaw Drive has been approved by the Planning Commission with all required improvements.

Police department has requested a part-time records clerk for 20-25 hours a week. Funds have been budgeted; the position will be advertised.

CITY ATTORNEY’S REPORT

City Attorney Walker requested an executive session for 10 minutes to discuss litigation.

Councilmember Adams moved to hold an executive session. Councilmember Danner seconded.

Mayor Rodgers declared motion carried.

CITY ENGINEER’S REPORT

A report will be given at the next council meeting.

COUNCIL AND MAYOR COMMENTS

Councilmember Crider stated his concerns regarding fuel cost and how it will affect the Raintree Apartment complex.

Councilmember Crider stated Mr. Overby is drafting a development agreement for the tower project.

Councilmember Adams moved to conduct a slogan contest. People of all ages are encouraged to submit a slogan starting March 25, 2008 until April 18, 2008. The winner will be announced April 28, 2008. Councilmember Eickhoff seconded.

Mayor Rodgers noted a 4-H function held for the Northeast regional shooting competition that was held at Camp Naish. The Wyandotte County 4-H B-B gun competitors has won all events so far this year.

EXECUTIVE SESSION

Mayor Rodgers stated they will reconvene at 9:50 p.m.

RECONVENE TO REGULAR SESSION

Mayor Rodgers reconvened regular session at 9:57 p.m.

ADJOURNMENT

Councilmember Crider moved to adjourn at 9:58 p.m. Councilmember Isenhour seconded.

Mayor Rodgers declared motion carried unanimously.

Phyllis Freeman

City Clerk

City of Edwardsville

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March 10, 2008

MINUTES OF FEBRUARY 25, 2008