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September 10, 2007

CITY COUNCIL MEETING

September 10, 2007

7:30 p.m.

The Governing Body of the City of Edwardsville, Kansas met in regular session on Monday, September 10, 2007 at 7:30 p.m. in the City Hall Council Chambers.

The following Councilmembers were present with Mayor Heinz Rodgers presiding:

Chuck Adams Craig Crider

Doug Danner Patrick Isenhour

Bob Lane

The following staff members were present:

Mike Webb, Interim City Administrator

Reed Walker, City Attorney

Phyllis Freeman, City Clerk

ADDENUM TO AGENDA

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

City Attorney Reed Walker requested adding item 2a for an executive session for 30 minutes for pending litigation, non-elected personnel and land acquisition.

MINUTES OF AUGUST 27, 2007

Councilmember Crider moved to approve the minutes of August 27, 2007. Councilmember Isenhour 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.

STATEMENT OF BILLS - $40,591.38

Councilmember Isenhour moved to approve the statement of bills. Councilmember Lane seconded.

After discussion 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.

EXECUTIVE SESSION

Councilmember Danner moved to go into an executive session not to exceed 30 minutes regarding pending litigation, non-elected personnel and land acquisition. Councilmember Isenhour seconded.

Mayor Rodgers stated to reconvene at 8:07 p.m.

RECONVENE TO REGULAR SESSION

Mayor Rodgers reconvened regular session at 8:08 p.m.

REQUESTS OR COMMENTS FROM THE PUBLIC

Susan Rodgers, 650 Edwardsville Drive apologized for her casual attire but she has been in the car since 6:00 a.m. traveling back from Colorado. Mrs. Rodgers stated “her family appreciates the thoughts and prayers of all their friends and family regarding recent events in their families lives. However she would like to take this opportunity to remind everyone of the personal nature of this situation. This is a personal matter between her husband and herself. It has no reflection on the excellent job that he is doing in leading this great city. They have sought counseling from their pastor and his wife and she is confident they will work through this issue and their marriage will be strengthened. Please respect the privacy of her family and the situation. Thank you and God bless each and every one of you.”

Patricia Roland, 2026 Orchard read a poem that she had written.

The Children

Some people think the parents should teach the children;

Some parents think the school’s teachers should teach the children;

Some teachers think the church should teach the children.

In reality it takes the parents, the teachers/schools; the church.

It takes all of us!

It takes the whole community to teach the children.

Mrs. Roland stated when the school bell rings the anxiety for parents begin. Parents across the nation are wondering what their kids are doing after school. Are they safe; are they getting their homework done; who are they with? The truth is many of America’s youth come home to spend hours of unsupervised time in front of the television or are involved in risky behavior. Current estimates show there are 28 million students in the United States with parents that work outside the home. Many of these students do not have access to affordable quality care during the hours before and after school. As many as 15 million children are left alone at home between the hours of 3:00 and 6:00 p.m. Juvenile crime rate triples between the hours of 3:00 and 6:00 p.m. Children are most likely to be victims of a violent crime committed by a non-family member between the hours of 2:00 and 6:00 p.m. According to the National Safe Kids program nearly 4.5 million children 14 and younger are injured in their home every year and most unintentional injury related deaths occur when children are out of school and unsupervised. There is a need for after school care in the United States.

Mrs. Roland stated she is pleased to be here this evening and to let the City Council know that the Edwardsville Christian Church has decided to sponsor an after school program for the elementary school children in Edwardsville. Edwardsville Christian Church is not in the financial position to underwrite the program. There are ways to find funding. She has been working on this for two years and it is a real passion in her heart to do something for the children in Edwardsville. Currently the city provides sports activities but what about the other kids they need directors and mentors also. They will be back to address the issue further. This is not to interfere with the Youth Friends program. Funding is available from the Kauffman Foundation, Hallmark Cards, the United Way, JC Penney and the Kansas Health Foundation. By saving old cell phones and the ink cartridges from printers which can be dropped off at the church can be sent off and receive funds on a continuing basis.

Mrs. Roland further stated the Edwardsville Christian Church is sponsoring a city wide garage sale October 13, 2007 at the church along with Chris Cakes who will be at the church with his delicious pancakes. Price Chopper has also provided coupon books for $10.00. They will be available at Autumnfest. All funds collected will be used for the after school program. The church will have to become a non-profit organization requiring the 501 (c) 3 status. In order to apply for the non-profit 501 (c) 3 she needs signatures from two mayors. Things are falling into place, the school has been notified and they will be meeting later this week.

Mayor Rodgers stated city staff will look into where we stand on those issues, with budgetary concerns.

Perry Parks, 1920 S. 98^th Street asked for a report on the flooding situation on S. 98^th Street.

Administrator Michael Webb stated the city needs to send a list of tracts of land which are in the flood zone must be submitted to the county to be considered by Emergency Management for disaster assistance funding provided by the Federal government. We don’t control the dollars, we submit the information to the county and then in turn it is submitted

Mr. Parks asked who gets his tax dollars.

Mayor Rodgers stated as a city we are submitting to the County and possibly onto the Federal level to do what we can to initiate that process. The city is not in control of that time line, so to say something is going to happen this year or next year is not in the cities control.

Mr. Parks asked they take his tax dollars and handle the stuff they want to handle whether his problem gets handled or not. He is placed on the back burner. He lives in Edwardsville. The past three mayors’s told him it would be taken care of. Someone needs to tell him what is going to happen. Nothing is being done and he wants to know when something is going to start being done.

Mayor Rodgers stated he cannot answer the questions.

Councilmember Adams stated there is a process and we do what we can. We know it is not a new problem that is why Mr. Webb is staying on top of it. We are probably further along more than before.

Mr. Parks stated not for him because he still keeps getting the same thing as he was told before.

Councilmember Adams stated unfortunately when dealing with the government it is a long process.

Mr. Parks stated this is a hard situation for him. He is steady in paying his taxes and it goes up. It is steady going up but there is no progress. When you go down other streets progress is being made but when you go to 98^th Street it is dead. There is no progress there and they pay their taxes just like everyone else. He wants to see some progress. Somebody has to have some answers.

Mayor Rodgers suggested having a meeting with city staff and discuss this in detail.

Dorothy Stevenson, 201 N. 110^th Street stated there are posts with flags in her front yard. She knew there are plans to make road improvements. Mrs. Stevenson contacted Kansas Department of Transportation in Bonner Springs and no one seems to know what is going on. Is the road going to be widened? She currently has 5.1 acres that she pays taxes on if 110^th Street is going to be widened then she will have 4.9 acres. If something is going to be done she does not want to pay taxes on something that is going to be taken.

Administrator Webb stated the road widening plans have been prepared and approved and it does indicate how wide the street will be. The widening will occur to Riverview Avenue. The state and the city have allocated funds for the improvement. Nothing will happen until the right-of-way has been acquired. There are seven properties involved in the project. Utilities will be relocated and at this time we do not know what that cost will be. No plans have been put out for bid, the right-of-way has not been acquired and until the right-of-way has been acquired the road will not get built.

Mrs. Stevenson asked when she will know something.

Administrator Webb stated we should know more with in the next two to three weeks.

John Broman, 1400 S. 104^th Street wanted to address the issue of horses. At 940 Edwardsville Drive the land was subdivided the property into four lots. Mr. Broman noticed that the owner at 940 brought in horses there has to be less than two acres. At 937 Edwardsville Drive there has been a lot of grading at the back and a lot of the mud is going into his pond and the creek that is feeding other ponds. At 1621 S. 104^th Street the owner put up a privacy fence, there are a lot of big trucks going in and out of there and is that putting a impact on the road. He is not sure if that is breaking down the shoulders in that area.

OLD BUSINESS

HORSE/LARGE ANIMAL LIMITS FOR AGRICULTURAL AREAS

Administrator Webb stated there are a number of issues one being how many is a land owner allowed. In other cities there is a permit process in a residential or non-agricultural area. There is not uniformity in agricultural districts in most cities. Almost all of them have a permit requirement of some form or another in any type of a non-agricultural district. Our permit is similar except for a permit being in place for a 4-H project. It does not address it if it is there as a family pet or self ownership. He could not find anything on the state level. Nationally it seems that one acre is needed for a pastured horse. One acre is the standard. In checking with other cities in the state most stated 20,000 square feet or half acre to an acre per horse. It addressed if the animal was kept in a sheltered area in a stabled environment and let out to be exercised. The one acre seems to be the general standard for horses in a pastured environment. There was also the issue of animal endangerment with mud and manure build up and the possible land damage. If it is the Council’s intention we can move forward with some form of an ordinance that incorporates a one acre per horse provision for the agricultural/residential areas.

City Attorney Walker stated he feels under the existing codes there is a means to enforce codes violations unless the City Council feels there should be a better way to regulate the number of animals.

After further discussion Administrator Webb stated he will continue to check with other public resources as well as and keep the Governing Body updated.

STOP SIGN AT THE “ON THE GO” STORE

9134 WOODEND ROAD

Administrator Webb stated the sign has been ordered after Chief Moore reviewed the site. The site plan for the project did not show a stop sign. A utility location has been ordered and once completed the stop sign will be installed late this week. Discussion will be held with FedEx regarding the height of the current stop sign and will recommend raising it to proper height.

CONSIDER PLANNING COMMISSION RECOMMENDATION

TO APPROVE FINAL RE-PLAT OF

KAW VALLEY INDUSTRIAL PARK

Administrator Webb stated that again another request has been made to table this item until September 24, 2007. There is a valid recommendation from the Planning Commission. The City Council can either accept or reject the recommendation. The owner may be considering selling the property as originally platted.

After further discussion it was determined to have City Attorney Walker contact the legal advisor of the applicant to clarify what steps the owner is planning on taking.

Councilmember Lane moved to table this item until September 24, 2007. Councilmember Isenhour seconded.

Councilmember Danner requested an 11” X 17” copy of the final plat.

It was also noted that the City Council will be taking action no later than October 8, 2007.

CONSIDER ORDINANCE 851-R

ADOPTING 2008 ANNUAL BUDGET

REVIDED TO CORRET TYPE

Administrator Webb stated there are no changes just cleaning up a few typos.

Councilmember Adams moved to adopt Ordinance 851-R as revised. Councilmember Danner seconded.

CONSIDER RECOMMENDATION OF DENIAL FROM

ECONOMIC DEVELOPMENT COMMITTEE REGARDING

TAX ABATEMENT FOR LIGHT WAREHOUSE CONDOMINIUM

PROPOSED ON A PORTION OF LOT 3,

FEDEX FREIGHT SUBDIVISION

Administrator Webb stated that when tax abatement is being considered it is reviewed by the Economic Development Committee. In the past there has been approval recommended by the Economic Development Committee to grant the issuance of Industrial Revenue Bonds. The applicant does pay a percentage during the abatement period. This applicant has a 15,000 square foot facility with no tenants. Mr. Denham the land owner asked why he was approved to market his property and sell a portion of it to the Coleman’s. In order to sell a portion of platted property the land owner must do a re-plat of that property. When issuing the resolution of intent there still is a process to go through; a cost benefit analysis must be completed and under Section 4 in Resolution 2006-02 it outlines the conditions of issuance.

Administrator Webb asked the Governing Body if they want to accept the recommendation from the Economic Development Committee.

After further discussion Councilmember Danner moved to table this item until a meeting has been held with Mr. Denham, Mr. Coleman, Scott Anderson of Gilmore & Bell the city’s bond counsel, Administrator Webb, and a representative of the Economic Development Committee. Councilmember Isenhour seconded.

CONSIDER AUTHORIZING THE MAYOR TO ENTER INTO

INDEPENDENT CONTRACTOR AGREEMENT FOR

PROSECUTION SERVICES BY JAMES T. YOAKUM

Councilmember Lane moved to authorize the mayor to enter into the agreement with James Yoakum as city prosecutor. Councilmember Isenhour seconded.

After further discussion 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.

ELECT TWO VOTING DELEGATES TO ATTEND THE

ANNUAL LEAGUE OF MUNICIPALITIES CONFERENCE

TO BE HELD IN OVERLAND PARK

OCTOBER 6-9, 2007

Councilmember Lane nominated Councilmember Crider as a voting delegate.

Councilmember Crider declined the nomination.

Councilmember Isenhour nominated Councilmember Adams as a second voting delegate. Councilmember Lane seconded.

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

Councilmember Lane nominated Councilmember Danner as a voting delegate. Councilmember Isenhour seconded.

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

ADVISORY REPORTS

CITY ADMINISTRATOR

Administrator Webb reported:

The tree trimming is going well.

A one page draft of the snow & ice contract has been given to Dirtworks.

CITY ATTORNEY

No report.

CITY ENGINEER

Mayor Rodgers reported that Lance Scott with Cook, Flatt & Strobel is a new father today of a baby girl.

Administrator Webb stated the process is continuing to prepare the preliminary sewer alignment. The project will include 35 property owners. Approximately two-thirds of the residents came to the open house that described the project. The field survey work is completed and easements need to be secured. They are also completing the sanitary sewer study that has to go to the state as part of the overall approval process of any sewer project. That project is moving along even though you don’t see a whole lot of things happening.

Administrator Webb stated the second project is the detention basin that is going into the design phase. They have completed the field survey and have done some of the preliminary construction drawings. Maybe with in a month we may see the first set of construction drawings on the detention basin. There are on going meetings with the Kansas Department of Transportation regarding the north frontage road from Kansas Avenue to Swartz Road. South 94^th Street project is the 4^th piece of the project. They wanted to make sure the first three pieces are in play to know what the budgets are going to be. There are no contracts for the last two pieces yet.

Administrator Webb stated Mr. Waldrop is obtaining his construction loans for the project.

COUNCIL COMMENTS

Councilmember Lane asked to have Cook, Flatt & Strobel check into the water problems on the Clarrey and Parks properties on S. 98^th Street. He wanted to know who is responsible and who to contact.

Mayor Rodgers stated we need a quote to perform the scope of engineering needed to accomplish that task.

Administrator Webb stated we need to know the scope of work. As part of the sewer project some of the survey work for the sewer line improvements will include work on the street.

Councilmember Isenhour thanked Mrs. Roland for wanting to move forward with the after school program. There are many families that need that type of program for their children.

Councilmember Isenhour stated he had nothing against John Beal, Editor of the Chieftain newspaper but the forum has attacked all members of the council and those of the previous administration, police and fireman. They need to put their own name. He recommended that people not get on the forums website because it does not have truthful information.

Councilmember Danner stated if you do read it call the individuals and find out if it is true, go to the source, there are more half truths than whole truths.

Councilmember Adams recommended scheduling a fall retreat to look at short and long term goals; discuss budget; discuss what we are; discuss what we want to be, and to include the Planning Commission in a portion of the retreat. Possibly consider dates between now and the next meeting.

Councilmember Adams suggested putting the information regarding the city wide garage sale on the city website.

Mayor Rodgers agreed that can be placed on the city’s website.

Councilmember Adams stated that at the northeast corner of Shelton Avenue and Edwardsville Drive the ditch ends abruptly 50 feet north of the intersection and the water needs to be redirected.

Councilmember Adams asked about the voting rotatio.

Mayor Rodgers stated it could be done at random, having a different starting point with each motion and implement it at the next meeting. It will change the order of voting and change every meeting thereafter.

Administrator Webb stated possibly to be done at work sessions to consider council rules of decorum. When an ordinance is going to be on the agenda; what is the process that makes sure it has gone through the legal review; there are certain state standards that says what has to be there and also in resolutions. What is the process of an agenda being created and what does it take to call a special meeting. It’s almost like a personnel manual for the council. It’s an operating procedure. These are various issues that need work sessions so everyone is on the same page. We have an example from Hays that can be of some assistance.

Councilmember Adams addressed the recent letter from the Department of Commerce rescinding Star bond funding for the tower project. He feels that it is just a little bump in the road. The state has given us the opportunity to respond and it should be done quickly. This project is no less important today with the receipt of this letter than the day before we received it.

Councilmember Adams made the motion to respond to the September 6, 2007 correspondence from Secretary Kerr on city letterhead via fax, e-mail and the postal system by 5:00 p.m., Wednesday, September 12^th.

Councilmember Adams read a letter that he had drafted. Attachment “A”.

Councilmember Isenhour seconded the motion placed on the floor by Councilmember Adams.

Mayor Rodgers stated that is an excellent start for the letter although he has learned through the correspondences with Secretary Kerr that they typically give a set of instructions for the next correspondence. It was recommended to schedule a work session so that all Council members can be present, and review it with the Landmark Tower development team, as well as city staff and the financial advisor. This would allow us to formulate responses that would be in the letter.

Councilmember Adams agreed and stated there are basically six questions to be addressed which are financial in nature. We want to make it very clear that we are going to take advantage of the reconsideration so they are on notice that we are back on the table and not sitting on our thumbs. He agreed on the work session 100%.

Mayor Rodgers stated he is normally available at city hall during normal working hours. Any time there are questions or concerns he encouraged citizen communication with all members of the Governing Body.

Mayor Rodgers endorsed Mrs. Roland’s concept for the after school program. The city will look into whatever it can to support the program.

Mayor Rodgers stated he had received comments regarding loud music this last weekend. It came from the speedway and he has contacted the President of the speedway. He was told this is an annual event held by the University of Kansas Medical Center fund raiser.

City Clerk Freeman reminded everyone that Autumnfest is this coming weekend.

ADJOURNMENT

Councilmember Crider moved to adjourn at 9:57 p.m. Councilmember Isenhour seconded.

Mayor Rodgers asked for a vote. All in favor, motion carried.

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September 10, 2007

CITY COUNCIL MEETING

ADVISORY REPORTS

ADJOURNMENT