September 24, 2007

7:30 p.m.

 The Governing Body of the City of Edwardsville, Kansas met in regular session on Monday, September 24, 2007 at 7:30 p.m. in the City Hall Council Chambers.

The following Councilmember was present with Mayor Heinz Rodgers presiding:

            Chuck Adams              Craig Crider

Doug Danner                Patrick Isenhour                                  

Bob Lane                                

The following staff members were present:

            Reed Walker, City Attorney

            Michael Webb, Interim City Administrator

            Phyllis Freeman, City Clerk

            Jim Moore, Interim Police Chief

            Cliff Lane, Chief Fire Department

Mayor Rodgers introduced the new procedure of how the vote will be taken at each meeting. This will be done by rolling the large blue die. The die will be placed at the councilmember’s position at the bench before each meeting. This will keep the order of voting at random so that no particular council member has the advantage of voting first, last or in the middle. It will possibly be a different starting point for each meeting.

MINUTES OF SEPTEMBER 10, 2007 

Councilmember Adams moved to approve the minutes of September 10, 2007. Councilmember Crider seconded. 

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

STATEMENTOF BILLS - $81,218.00

Councilmember Lane moved to approve the statement of bills in the amount of $81,218.00. Councilmember Isenhour seconded. 

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

REQUESTS OR COMMENTS FROM THE PUBLIC

Rebecca Carter, 629 S. 4^th Street stated “first, she would like to express a concern about information on our city’s website. It shows that Mayor Rodgers is listed as the acting city administrator and I would like some clarification as to when the title was approved by our elected city council to appoint Mayor Rodgers to that position.”

Mayor Rodgers stated the position is not an appointed position. In the State of Kansas when you don’t have an officially appointed City Administrator the Mayor acts as City Administrator for the city.

Mrs. Carter stated “on Thursday, September 13^th she personally approached Mayor Rodgers with the petition in support of the Landmark Tower project. After reading the petition, Mayor Rodgers stated that he could not sign it because he has signed other items in support of the project and that with his position, as the Mayor, he was not considered a resident. She explained to Mayor Rodgers that the petition is not a legal document, and still he refused. She asked Mayor Rodgers please explain what he meant by not being a resident and share with those in attendance what he specifically has signed that has shown support for the tower project.”

Mayor Rodgers stated he was not comfortable signing the petition and that he has been a resident of the city for 17 years.

Mrs. Carter stated “Mayor Rodgers also said to her that city employees were not allowed to sign the petition, to show their support of the Landmark Tower project, and she was to make sure to let the officers know that also.”

 Mrs. Carter stated “in light of this city having more than its fair share of negative issues with the press, with lawsuits pending and a first amendment violation lawsuit that is in federal court right now, would Mayor Rodgers explain why he made that statement, one that would support denying someone their 1^st amendment right under the constitution of the United States of America.

Mayor Rodgers stated he did not make the statement that they were not allowed to. He said that it would be inappropriate.

Mrs. Carter stated “in view of all the negative press including the newspapers and in which he has spoken on behalf of the city and he (Mayor Rodgers) not showing support for development, specifically the Landmark Tower project, she would encourage our City Council members to enforce a restraint on the Mayor, so he can not talk to any media concerning future or current development within the city and have the council elect one or two council members that the media could go to, for any comments concerning any development project.” 

Mrs. Carter stated “at the last council meeting two weeks ago, Mayor Rodgers stated a need for a work session prior to October 15^th; the mayor also stated in the Kansan article, “Rodgers said a meeting between city staff a quorum of the City Councilmember’s and the development team will need to be held to discuss the financing of the project”. Has anything been done to schedule the work session or where it is to take place, as it seemed to be one of urgency on behalf of the city and the tower project.

Mayor Rodgers stated yes.

Mrs. Carter stated at this time Mayor Rodgers answered most of the questions she would like to hear any comments from the elected city council members concerning the comments she has presented. Thank you.”

Councilmember Crider stated he had called the Kansas League of Municipalities legal department about the petition and was told any employee of the city can sign as a resident, not under their title that they hold with the city.

Councilmember Isenhour stated he also contacted the League of Municipalities legal department as well as his legal counsel and found that it is legal for an employee to sign a petition and that he signed under Patrick C. Isenhour not Councilmember Patrick Isenhour. He wanted it on record that he did sign the petition.

Councilmember Crider stated he had signed the petition also as Craig Crider.

Mrs. Carter stated she had copies of the petition if anyone is interested in signing after the council meeting tonight.

Clarence Mumma 10700 Riverview stated he has good news and bad news. While he was getting signatures for the tower project at Price Chopper this week he collected 407 signatures in favor of the Kansas Landmark Tower. He learned a lot about the area. That’s the good news. The bad news is two people that work for the City of Edwardsville were going into the store and said they could not sign the petition. If they did, they would get fired.

Mr. Mumma stated that at this critical juncture of getting the tower to go many people have talked with him and indicated they are for the project. If we want to get the tower to go we need to stick together now as a group. Not get off with the Commerce Department as a group of one or two and get isolated and get minds messed up and changed. Stick together and have all parties at all meetings; the city, the developer and the commerce department. This is a good opportunity for open government.

Edith Leising 610 Edwardsville Drive asked how the process of hiring a police chief was going.

Administrator Webb stated he will be a giving report on that under advisory reports.

Mrs. Leising asked when the major position was removed it was stated that those at the lowest end of seniority would be dismissed. Is it true?

Mayor Rodgers stated any change in personnel would be pursuant with the memorandum of understanding between the union and the city.

Administrator Webb stated it is the officers that are still on their probationary period.

Mrs. Leising asked what the probationary period is and are they the lowest in seniority?

Councilmember Isenhour stated that is personnel matters and can not be discussed.

Mayor Rodgers stated we will have to conform to the memorandum of understanding between the police union and the city and that is the order that would be determined.

Mrs. Leising asked about item five on the agenda regarding the residency requirement for the City Administrator. What are the requirements today?

Mayor Rodgers stated it is currently established that the administrator must reside in the city limits.

Mrs. Leising asked if it will be considered that the position does not have to reside in the city?

Mayor Rodgers stated correct just like every other position in the city other than elected officials.

Mrs. Leising asked what changed their mind on eliminating the major position? Is it so that when Major Marble returns he will have the same title?

City Attorney Walker stated that he and Mr. Webb, and the Department of Labor have been discussing and by way of the exchange of letters regarding the elimination of that position. They are doing their best to comply with state and federal law in considering the matter of rescinding the elimination of the position.

Mrs. Leising asked if Major Marble had not been deployed will he get his job back?

City Attorney Walker stated that is hypothetical and not what happened so they had not been called upon to make any decisions.

Sam Davidson, 937 Edwardsville Drive stated the algae in the neighbor’s duck pond are common duckweed. Mr. Davidson had a sample in a plastic bag. He stated that Jack Peters, Code Official came by and informed him he was in violation of city laws. Mr. Davidson feels that he has not broken any laws. If any one has any questions he stated that they can come by and talk with him. He also plans on more improvements to his property and stated he will get the necessary permits when he is ready. He is available at home 24/7.

Councilmember Crider asked Mr. Davidson about the horses. Does he board them?

Mr. Davidson stated some of the horses are trained by him for individuals, not boarded some belong to him and some are kept until adopted. He stated that when he bought the property there is a road access that he intends on using. He has spoken with the neighbors and explained how he uses his land. There was some flooding in his barn and with the use of a bobcat he will clean it up. He restated that if anyone wishes to talk with him just come see him.

Mayor Rodgers asked Mr. Davidson how many acres he owns.

Mr. Davidson stated almost 10 acres, he had a survey done. He has 40 horses and 34 belong to him. Six of the 34 are adopted.

Councilmember Danner asked Mr. Davidson if 9 acres can support that many horses.

Mr. Davidson stated his feed bill is about $3,000 a month and brought in from Troy, Kansas. When he bought the land there was no grass. He plans on installing sod and has hired a man to help him with the property. It takes time and he wants to do the work himself.

Councilmember Crider asked Mr. Davidson how long he has lived in Edwardsville.

Mr. Davidson stated nearly two years. He had a few horses and his wife wanted to do something to help save the animals that can be rehabbed for adoption.

Mayor Rodgers asked Mr. Davidson if he had a boarding facility?

Mr. Davidson stated no, he does not board horses for money he takes horses for individuals and trains them for 30, 60 or 90 days and the training helps pay for the feed. All the horses are fed and handled every day. They are friendly horses. His goal is to improve his property and if anyone wishes to talk to him just come on by.

John Broman 1400 S. 104^th Street requested that the Governing Body take into consideration that the position of City Administrator has not been advertised. For many years the current requirement has worked very well for the city.

Mr. Broman asked that the City Council support the Kansas Landmark Tower project. It involves a lot of money, people getting jobs, benefiting everyone. With taxes being a problem, the mill levy going up, and the potential of a $250 million dollar project. With the city getting 1% of that it will help pull the city out of the hole. It’s also best to have the city administrator live in the city as well as the elected officials.

Gary Green 210 N. 4^th Street referenced agenda item #5 regarding the residency requirements and asked the City Council to seriously retain the residency requirement for the city administrator position. It has been a good thing for our city for quite a while. That position should be a resident of our city.

Mr. Green referred to agenda item 4b to consider recommendation of denial from Economic Development Committee and asked who serves on that committee.

Mayor Rodgers stated it is comprised of various businessmen in our community.

Mr. Green stated he knew that, he wanted to know if they knew their names.

Mayor Rodgers stated he had the list in his office.

Mr. Green asked how many of the councilmen know the names of the people on that committee.

Councilmembers Danner and Isenhour stated they knew some of them but not all of them.

OLD BUSINESS

CONSIDER PLANNING COMMISSION RECOMMENDATION TO

APPROVE FINAL RE-PLAT OF KAW VALLEY

INDUSTRIAL PARK 

City Attorney Reed Walker stated the applicant’s attorney Tim Evans has notified the city his client has decided to withdraw their application for the re-plat of Kaw Valley Industrial Park. It was recommended to approve the withdrawal of the re-plat application with no refund of the filing fee.

Councilmember Danner moved to consider allowing the applicant for the Kaw Valley Industrial Park re-platting to be withdrawn. Councilmember Isenhour seconded. 

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

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 this item was tabled at the recommendation of the City Council to schedule another economic development committee meeting to reconsider the application. At that EDC meeting that included all the parties; members of the EDC; the city; the applicant; the Bond Counsel for the city and the developer/landholder that sold the property. It was determined at that time that the application should be returned back to the EDC that there was further information that the applicant wanted to provide to us including a cost benefit analysis. From the city’s stand point related to the resolution that had been passed previously concerning those properties. It was recommended and agreed that the application should go back before EDC for further review and that is staff recommendation.

Councilmember Isenhour moved to send it back before the EDC for reconsideration. Councilmember Danner seconded. 

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

CONSIDER ORDINANCE #852 AMENDING CITY CODE 1-801

REGARDING RESIDENCY REQUIREMENTS FOR

CITY ADMINISTRATOR 

Councilmember Adams moved to adopt Ordinance #852. Councilmember Crider seconded. 

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

CONSIDER A MOTION TO RESCIND ELIMINATION OF POSITION OF

MAJOR IN THE POLICE DEPARTMENT

Councilmember Adams moved to rescind elimination of position of Major in the Police Department. Councilmember Danner seconded. 

After discussion Mayor Rodgers requested a roll call vote.
Councilmember Lane, yes
Councilmember Adams, yes
Councilmember Crider, no
Councilmember Danner, yes
Councilmember Isenhour, no
The motion was declared carried.

ADVISORY REPORTS

CITY ADMINISTRATOR 

Administrator Webb reported:

Employees are allowed to sign petitions just not while on duty; while in uniform; in a city vehicle; or on city property. 

All but two employees have signed releases stating they have been given a copy of the personnel manual. He spoke with Victoria McGrath, McGrath Consulting Group and will be meeting with her at the end of October. They are anticipating completing the new personnel manual by March 31^st.

The 110^th Street widening right-of-way letters have gone out with offers to the land owners. 

The Police Chief candidates have been narrowed down to seven. One has withdrawn. Candidate interviews will be moving forward with an anticipated final list of applicants to be interviewed by end of October.

Continuing work on the detention basin design for the East Side project (94^th Street, Raintree). A meeting is scheduled for the future frontage road designs from Kansas Avenue to Swartz Road on September 25^th.  

CITY ATTORNEY

No items. 

CITY ENGINEER

No additional items. 

COUNCIL AND MAYOR COMMENTS 

Councilmember Crider thanked those that entered the chili and pie contest at Autumnfest all the entries were very good. The weather was good but because he enjoyed the chili and pie so much he fell asleep and missed the concert. He is looking forward to a parade next year.

Councilmember Crider encouraged those in attendance to attend the 2^nd Annual Spencer Buck Memorial Poker Run. All funds collected will provide scholarships to local high school students.  

Councilmember Lane stated he is 100% behind the tower project. He asked Mr. Tom Overby what more can be done.

Tom Overby, Developer of the Kansas Landmark Tower project stated there are people lobbying against the Star Bond issue for the tower project in Topeka as well as here in Edwardsville. The city needs to show a united front with total support for this project. 

Councilmember Adams moved to schedule a work session at 6:00 p.m. on October 8, 2007 with the cities bond counsel and have a list of questions to address any issue for this project. This way when the city goes to Topeka on the Star Bond issues of concern, we are completely loaded with the information the Department of Commerce is asking for. We all want to support Star Bond approval.

Councilmember Isenhour seconded. 

Mayor Rodgers requested a roll call vote.
Councilmember Lane, yes
Councilmember Adams, yes
Councilmember Crider, yes
Councilmember Danner, yes
Councilmember Isenhour, yes

The motion was declared carried.

Mayor Rodgers stated the State of Kansas gave us one day, one time in their office.

Administrator Webb stated possibly rephrasing answers to the questions would help. The city proposal is to affirm the support from the city. Showing the support of the developer, the city, and the bond counsel.

Mayor Rodgers stated there are false rumors out there; he is in support of the tower project as he was when he served on the Planning Commission. We need to satisfy the Secretary of Commerce. We all need to remember that the City is the applicant the developer must provide the information the state is wanting.

Councilmember Adams stated when the two governments meet, the state and the city, we will go head to head to bring the Star Bonds to Edwardsville.

Councilmember Crider stated he signed the petition as a resident of Edwardsville.

Councilmember Isenhour requested that a dunk tank be at next year’s Autumnfest.

Councilmember Danner asked for information on the Economic Development Committee. When was it started, who and why?

Administrator Webb stated the Economic Development Committee meets only when the city receives a request for tax abatement only.

Councilmember Adams asked for further horse research regarding number allowed per acre.

Administrator Webb stated he is still working with City Attorney Walker and will have a draft for the next meeting.

Councilmember Adams asked about the snow removal contract.

Administrator Webb stated he provided Mr. Frazey with a draft contract and was waiting for further communication from Mr. Frazey.

Councilmember Adams asked why other city councils meet at 7:00 p.m. and Edwardsville meets at 7:30 p.m. He also asked why not try to schedule one of the regular monthly meetings as a work session.

Mayor Rodgers stated starting in December we can start the council meetings at 7:00 p.m. Having a light agenda one meeting a month and allowing the second meeting as a work session.

Administrator Webb suggested discussing the whole process; how ordinances and resolutions are prepared; preparation of the agenda and other processes currently being used. 

ADJOURNMENT 

Councilmember Crider moved to adjourn at 8:58 p.m. Councilmember Isenhour seconded. All in favor.
Mayor Rodgers declared motion carried.

 Phyllis Freeman

City Clerk