Document Actions
March 24, 2008
CITY COUNCIL MEETING
March 24, 2008
7:00 p.m.
The Governing Body of the City of Edwardsville, Kansas met in regular session on Monday, March 24, 2008, at 7:05 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
APPROVE MINUTES OF MARCH 10, 2008
Councilmember Isenhour moved to approve the revised minutes. Councilmember Danner seconded.
Mayor Rodgers requested a roll call vote.
Councilmember Crider, yes
Councilmember Danner, yes
Councilmember Eickhoff, yes
Councilmember Isenhour, yes
Councilmember Adams, yes
The motion was declared carried.
PAYMENT OF BILLS - $137,071.52
Councilmember Danner moved to approve the statement of bills totaling $137,071.52. Councilmember Isenhour seconded.
Mayor Rodgers requested a roll call vote.
Councilmember Crider, yes
Councilmember Danner, yes
Councilmember Eickhoff, yes
Councilmember Isenhour, yes
Councilmember Adams, yes
The motion was declared carried
REQUESTS OR COMMENTS FROM THE PUBLIC
Richard Carter, 629 S. 4th Street stated he and several hundred other residents are wanting to know the status of the tower project; approximately how long will it be if anybody knows when they might be breaking ground or when they might be open; and under Old Business item “b” monthly solid waste charge at $11.50 per month per household; at this rate how long if they know will it take us to be caught up and pull ahead because there is a lot of concern on that with the residents also.
Administrator Webb stated the latest contact that he had was with Norman Garr, Legal Counsel for the Kansas Landmark Tower indicated that a draft development agreement would be submitted in the near future. The development team has agreed to fund the sewer improvements and then there would be a form of reimbursement agreement for those that connect onto the line so that their cost would their impact to the system verses the rest of the system. The use of IRB’s, industrial revenue bonds and a TDD which is a transportation district as the funding mechanisms.
Mayor Rodgers stated it is his understanding that the project developer group is preparing a proposal to present to the city to initiate such a project. As of yet the city has not received that proposal.
Administrator Webb agreed with Mayor Rodgers.
Mayor Rodgers stated we are waiting for the proposed developer’s agreement that would spell some of the financing mechanisms before the project will be started.
Administrator Webb agreed with Mayor Rodgers. At this time we do not know when they will break ground or open.
Councilmember Crider stated he had spoke with Mr. Overby this afternoon and he stated that as of this morning Norman Garr thought that the draft of the development agreement would be in place later this week or the middle of next week to present to the city for staff and council to look at. He stated that Mr. Garr had been in the hospital for a few days and put him behind a little.
Administrator Webb stated the base cost for garbage is $10.57; there will be a billing fee; billing quarterly rather than monthly. The city has gone three months that has been paid out without any income in; the long answer we won’t get caught up in this current year; the fees won’t pay 100% of our cost; the fee for the service will be paid out of the general expenses or the general fund. That may or may not require a budget amendment at year end, we will wait to see how all the other revenues come in, in comparison to all the other expenses and where else we can cut.
Ken Brown, 1142 S. 105th Street asked if the city considered buying a truck and hiring people; charging per household; it probably would be cheaper in the long run.
Mayor Rodgers thanked Mr. Brown for his comments.
John Broman, 1400 S. 104th Street asked if the City Council had a copy of the original contract for trash pickup, he was unable to find his copy because he recently moved; but felt it was substantially lower than the $10.57 a month. Mr. Broman also indicated it was a 10 year commitment not a contract. Mr. Carter mentioned it was one thing the Mayor had stated she did not sign; you will find there are dozens of ordinances she did not sign because she did not want to come in and sign. The validity of her not signing has no bearing; it’s only academic that they need to be signed. Mr. Broman felt it was lower in cost on the first 10 year commitment for trash pickup.
Mayor Rodgers asked Administrator Webb to read the heading.
Administrator Webb read “Residential Solid Waster Contract” for a period of 10 years. The first year rate was $10.07 per month; allows up to 5% adjustments for any one year with City Council approval. The contract is for a 10 year period commencing on May 1, 2005 and ending on April 30, 2015.
OLD BUSINESS
CONSIDER ORDINANCE #865 REVISING CODE OF ORDINANCE
SECTION 15-144, REGARDING SEWER CONNECTIONS
After discussion Councilmember Isenhour moved to adopt Ordinance #865 as worded. Councilmember Adams seconded.
Councilmember Eickhoff stated his concern is changing the cost prohibitive part.
Mayor Rodgers requested a roll call vote.
Councilmember Crider, yes
Councilmember Danner, yes
Councilmember Eickhoff, no
Councilmember Isenhour, yes
Councilmember Adams, yes
The motion was declared carried 4-1.
CONSIDER ORDINANCE #867
ESTABLISHING A MONTHLY SOLID WASTE CHARGE
($11.50/month per household)
After discussion Councilmember Crider moved to adopt Ordinance #867. Councilmember Isenhour seconded.
Mayor Rodgers requested a roll call vote.
Councilmember Crider, yes
Councilmember Danner, yes
Councilmember Eickhoff, yes
Councilmember Isenhour, yes
Councilmember Adams, yes
The motion was declared carried.
Administrator Webb stated the billing for sewer and trash will start April 15th on a quarterly basis. The quarter of April, May and June. No billing will go out for the first quarter.
Mayor Rodgers directed City Attorney Walker to continue to research the validity of the Deffenbaugh contract; staff to investigate any council action setting rates other than the initial term; if not approved notify Deffenbaugh in writing; staff to check into the acceptance of the contract; was it done per the procurement policy; was the bidding process followed.
STAFF REPORTS
CITY ENGINEER
Administrator Webb reported:
East side detention facility: The box culvert structure is in place with wing walls; water is flowing through it now; the next process is to start to build the earthen dam; pending weather conditions the project should be completed in two weeks. Staff is researching the installation of a gate. Since the area is heavily wooded there is limited access. A bid request was made to clear the right-of-way back to the right-of-way line if it is determined to install a new fence back the full distance. It may be a fairly costly request. Possibly utilizing the jail labor process as was done with the clearing of the cemetery. Not expecting any other change orders from that project. The gate will be done in house.
Sewer line:
Letters have gone out to all the property owners that the city needs easements from; the appraisals are completed on all but one property; we are not in the 30 day period where notification to the property owners and allow them time to respond; this process is moving along fairly well. Bids should be going out for the sewer line within the next 30 days.
94th Street outer road:
Moving forward to getting right-of-way documents prepared for this improvement.
94th Street improvements:
No work started on this; waiting to finalize cost for the other three projects.
Woodend Road improvements:
Bids were opened last week; staff will be coming to the Governing Body on April 14th with a formal recommendation of approval. The low bidder was McAnany Construction. There was 3 parts to the bid; first part was Woodend Road itself that is fully funded out of bond funds; starting at TCI Tire west to 9th Street; the total bid for that part came in at $918,492; the engineer estate for that portion was $1,055,115; this phase came in under engineer’s estimate. The second part is 96th Street or also known as Midpoint Drive; that is totally funded by Mid-Point development as a part of the development agreement. They agreed to make all improvements to Woodend Road including the traffic signal. That was bid as a separate section in order to keep it out of the Woodend Road improvements as an add alternate. The bid was $247,472 which was also under engineer’s estimate. The third part is for an add alternate from the lift station east of 98th Street which is the Carlisle Tire tract of land. That bid came in at $127,000 but Mr. O’Leary owns the corner piece; discussion with him regarding a cost sharing agreement; depending on his willingness to participate will be whether or not the city wishes to participate in building that sewer. It has some benefit to the city but at the time he builds on that lot he will have to extend the sanitary sewer. This is a win win situation for both parties. The over all bid came in at $1,293,721; the engineers estimate was $1,457,459. Still in the process of finalizing right-of-way; there is one tract of land that has not responded to the cities request. This is a fairly large tract and we are currently working with a local attorney to resolve the matter. Most of the property owners have donated the property without charge. The contract should be before the City Council in April and start in May. Funding of this project is from the 5.2 million dollar general obligation bond. The state portion of the Woodend Road improvements will be handed differently as to acquisition of right-of-way.
110th Street south of I-70 improvements:
State funds are still available, but not taking any action due to determination from the state for a casino location. The state will not award casino location until September.
General discussion regarding liability for detention basins and other water ways within the city. All agreed to check with the city’s insurance provider.
Police Chief Mathies provided an activity report within the police department from January 1 to February 29, 2008. See Attachment “A”. Discussion regarding animal control matters, health nuisance on Edwardsville Drive, code enforcement and the purchase of Taser Less lethal devices. The tasers will be utilized after each officer passes 8 hours of training and testing.
COUNCIL AND MAYOR COMMENTS
Councilmember Eickhoff asked when considering tax abatements to make sure all outstanding funds due to the city are paid in full before issuing the tax abatement.
Administrator Webb agreed and stated in the future we will make sure before they come through the process that any and all bills due to the city are paid prior to the ordinance adoption. Currently we are reviewing all the Industrial Revenue Bonds to be sure they are being fully collected from the county. There are concerns how they are being collected or if they are all being collected properly.
Councilmember Crider asked if it was possible to provide the council chambers with the proper public address system.
Mayor Rodgers stated one key thing to remember is that the sound system is in the area where the public can hear, there are no speakers where the Council sits.
Councilmember Crider asked that pricing be researched for a speaker system in the council chambers.
Mayor Rodgers reminded the Governing Body of a scheduled work session regarding strategic planning for March 31st from 6:00 to 9:00 p.m. It is open to the public not for participation, for listening.
Administrator Webb stated he had met with the roof contractor and will have a contract in the next few days. Possibly starting in the next two to four weeks, completing in two weeks once they get started.
Councilmember Danner stated a new Godfather’s Pizza has opened. His granddaughter’s 3rd grade teacher has asked him to speak to the class this coming Friday.
Councilmember Adams announced the prizes for the slogan contest; there are two age ranges 0 – 12 and 13 and over. There are first, second and third prizes in each category. Third place receives a $50.00 savings bond; second place a $100 savings bond and first place a $250 savings bond. The prizes are being provided compliments of Bank Midwest of Edwardsville and private donors.
Councilmember Adams thanked all the committee members for coming up with the idea and helping put everything together. The committee was Co-Chaired by Craig Crider, himself, Rebecca Carter, David Hackathorn, Bob Hammontree and Vicki Pavicich. The contest started today.
ADJOURNMENT
Councilmember Crider moved to adjourn at 8:26 p.m. Councilmember Eickhoff seconded.
Mayor Rodgers declared the motion carried.
Phyllis Freeman
City Clerk
City Council Meeting
