Document Actions
August 10, 2009
CITY COUNCIL MEETING
August 10, 2009
7:00 p.m.
The Governing Body of the City of Edwardsville, Kansas met in regular session on Monday, August 10, 2009, at 7:05 p.m. in the City Hall Council Chambers.
The following councilmember’s were present with Mayor John McTaggart presiding:
Chuck Adams Mark Bishop Craig Crider
Doug Danner John Eickhoff
The following staff members were present:
Michael Webb, City Administrator
David Duckers, City Attorney
Phyllis Freeman, City Clerk
Cliff Lane, Fire Chief
Mark Mathies, Police Chief
APPROVE MINUTES OF JULY 27, 2009
Councilmember Crider moved to approve the minutes. Councilmember Danner seconded.
Mayor McTaggart requested a roll call vote. The motion passed.
STATEMENT OF BILLS - $92,629.79
Councilmember Adams moved to approve the statement of bills. Councilmember Eickhoff seconded.
Mayor McTaggart requested a roll call vote. The motion passed unanimously.
Mayor McTaggart requested amending the agenda to include a request from Councilmember Adams regarding the support of the TIGER funding proposal as requested by the MARC Transit Board and to remove from the agenda Item #7 authorizing commencement of condemnation proceedings for Edwardsville Police Department shooting range.
Councilmember Danner moved to approve the amendment to the agenda. Councilmember Crider seconded.
Mayor McTaggart requested a roll call vote. The motion passed unanimously.
REQUESTS OR COMMENTS FROM THE PUBLIC
Heinz Rodgers, 650 Edwardsville Drive stated on behalf of all Wyandotte County residents outside of the city limits of Kansas City who pay a premium rate to the Board of Public Utilities for services for being out of territory he still questions and protests the pilot fee assessed to our water bill and questioned if there is an update to the status of that subject in relations between the two cities. Mr. Rodgers requested an update on the codification of ordinances and expressed his appreciation of the excellent job the Planning Commission is doing for the city.
Administrator Webb stated he and Mayor McTaggart met with Mayor Reardon, Administrator Dennis Hays, Bob Roddy and Lew Leven regarding the charges imposed on the residents of Edwardsville. PILOT plus 25% service charge is placed upon the Edwardsville residents and businesses as an “out of area” charge. This remains as an ongoing discussion.
OLD BUSINESS
AUDITORS 2008 REPORT
Darrell Loyd of Wendling Noe Nelson and Johnson, LLC of Topeka presented the 2008 audit to the Governing Body. The firm prepared three letters regarding the audit; auditor’s communications; internal controls and management letter. The audit performed showed all significant transactions have been recognized in the financial statements in the proper period and the auditors found no material weakness in our internal control procedures and only one deficiency being segregation of duties. This weakness has been previously identified due to the limited size of administrative staff.
Mr. Loyd stated there were no audit problems during the actual audit.
Administrator Webb thanked Michelle Bounds for being ready for the auditors that allowed them to get right in and complete the audit in a short period of time.
Councilmember Adams moved to accept the 2008 audit as presented. Councilmember Bishop seconded.
Mayor McTaggart requested a roll call vote. The motion passed unanimously.
CONSIDER RESOLUTION 2009-07
ADOPTING MIDWEST PUBLIC RISK OF KANSAS BYLAWS
Councilmember Adams moved to adopt Resolution 2009-07. Councilmember Danner seconded.
Mayor McTaggart requested a roll call vote. The motion passed unanimously.
CONSIDER RESOLUTION 2009-08
AUTHORIZING A SALES TAX ELECTION
Administrator Webb reported that the Unified Government may be holding an election at the same time which would include Edwardsville and to have available to the electors a walk in ballot instead of a mail in ballot. This also allows for a less expensive form of voting shared by the two entities.
Mayor McTaggart recommended a motion and a second on Resolution 2009-08 any changes and discussion will follow after the motion and second has been made.
Councilmember Danner moved to adopt Resolution 2009-08. Councilmember Crider seconded.
Mayor McTaggart called for discussion and or any changes the Council wishes to make at this time.
Councilmember Bishop asked Administrator Webb if they adopt the resolution as read they will have to stay with the mail ballot election.
Administrator Webb stated yes or come back and amend the resolution at a later date.
After discussion it was determined that the Unified Government will not know until a later date as to the direction they will take towards holding an election.
Councilmember Adams moved to amend Section 3. The method of election shall be by a mail ballot election, unless the Unified Government of Wyandotte County/Kansas City, Kansas elects to hold an election on the same date using the polling place method, in which case the City of Edwardsville election shall be by polling place.
Councilmember Bishop seconded.
Mayor McTaggart called for a roll call vote to the amended motion. The motion passed unanimously.
Mayor McTaggart called for discussion to the original motion.
Councilmember Adams asked for clarification, is it the county that is going through a sales tax increase or is it the City of Kansas City, Kansas?
Mayor McTaggart stated it is the City of Kansas City, Kansas only.
Councilmember Crider asked if there was a way to express to the citizens the need to have a sales tax election. Let the citizens know that our sales tax is less than anywhere else. Let them know why we are doing this. We want it to pass.
Administrator Webb stated we can educate the citizens of the need for the sales tax election but we can not promote. We can prepare documents on how it will affect the citizens and how it will be used.
Mayor McTaggart stated this is a pass through tax, it does affect the citizens but it impacts those that stop to buy gas and use other available services within the city.
Councilmember Bishop recommended the city hold an information meeting at the community center. Letting people know what this is all about.
Mayor McTaggart called for a roll call vote on the original motion to adopt Resolution 2009-08. The motion passed unanimously.
CONSIDER BID SUBMITTED FOR
1992 CHEVROLET C-10 ANIMAL CONTROL TRUCK
Chief Mathies recommended the City Council approve the sale of the Chevrolet truck to William Heinz Rodgers in the amount of $101.00 as is no warranty.
Councilmember Eickhoff moved to approve the sale. Councilmember Bishop seconded.
Mayor McTaggart requested a roll call vote. The motion passed unanimously.
CONSIDER NOTICE OF BUDGET HEARING
FOR AUGUST 24, 2009
Administrator Webb stated the 2010 budget has reduced expenditures by 1%; including reductions in staffing in the parks and recreation and the fire department. There will be no tax funding for the cemetery fund, increased transfers from the special highway fund to debt service, spending down the fund balance in the debt service fund and the special highway fund, increasing sewer rates from $6.25 a month to $6.95 monthly to support the sewer fund and holding the line on garbage rates.
Councilmember Adams moved to approve the Notice of Budget Hearing for the 2010 budget. Councilmember Danner seconded.
After further discussion Mayor McTaggart called for a roll call vote. The motion passed 3 to 2, with Councilmember Bishop and Councilmember Crider opposing.
ADVISORY REPORTS
CITY ADMINISTRATOR
Administrator Webb reported:
Acquisition of right-of-way property for Woodend Road Improvement, Phase II is
progressing; there is no need for condemnation. The decision to not pursue the FedEx property therefore there will be no signal light at their intersection. It is not critical to the project. The state will put the project out for bid in November.
It was recommended to hold a town hall meeting in the next few weeks with information for the residents along 110th Street and Edwardsville Drive.
Councilmember Crider asked if placing a signal light at the south bound ramp to I-435 was possible.
Administrator Webb reported the state has denied that request, they see no justification to place a light in that area. The state controls the right-of-way, it’s their land.
CHIEFS (POLICE & FIRE)
No report at this time.
CITY ATTORNEY
No report at this time.
CITY ENGINEER
No report at this time.
COUNCIL AND MAYOR COMMENTS
Councilmember Adams stated he serves on the Total Transportation Board at MARC. The board is asking each member city for a Resolution of Support of the Transportation Investments Generating Economic Recovery (TIGER) discretionary grant program. There is stimulus funding available to fund the current State Avenue Transit and the Tiblow Transit in Bonner Springs.
Councilmember Eickhoff moved to approve the Resolution of Support. Councilmember Danner seconded.
Mayor McTaggart requested a roll call vote. The motion passed unanimously.
Councilmember Adams stated in the minutes of the Cemetery Board they are requesting action by the Governing Body, will this be on the next agenda.
Administrator Webb agreed.
Councilmember Bishop stated he has reviewed the franchise agreement with Time Warner. Several people have brought his attention to this because they don’t have cable service. In the agreement on page 10 section 6.7 line extension policy guarantees it shall extend it’s system pursuant to the following requirements; there must be 45 people within a mile; it does not state radius, it is not clear. He requested a letter be sent to Time Warner to provide more service within the city.
Administrator Webb asked if there was an exact location without cable.
Councilmember Bishop stated the residents on Swartz Road west of 98th Street.
Administrator Webb agreed to send a letter for extension of the cable service.
Councilmember Bishop stated the residents can not get any one to call them back.
Councilmember Crider requested that any future work sessions be requested at the Council Meeting prior to the requested work session.
Administrator Webb agreed.
Mayor McTaggart stated he was notified of the structure fire at Plaza West on August 3rd and was impressed with the cooperation from the Kansas City, Kansas fire department. Our department could not handle it alone. Kansas City, Kansas was there with three fully manned units. An estimated $800,000 in damage was sustained to the building.
Councilmember Bishop stated he went back the next morning and the business employee was fine.
Councilmember Crider asked if the business owner was planning on staying in Edwardsville.
Mayor McTaggart stated they have acquired a building permit to do the tenant finish to the building they own just east of the damaged structure.
Administrator Webb stated notification has been received that they will tear down to the red structural metal, they may have to remove that however they are having the building inspected by a structural engineer. When there are structure fires like that there is a program set by the city that requires the insurance company to provide a percentage of the policy proceeds to be retained by the city and held in trust until the work is completed. The reason is to make sure the project is done with the necessary permits and then is ready to occupy in a timely manner. Most cities have the same policy.
Mayor McTaggart commended the Edwardsville personnel as well as the Kansas City, Kansas personnel.
Chief Lane stated there was a total of 28 EMS and fire personnel on the scene, 8 were Edwardsville and 20 from Kansas City, Kansas. They did a good job.
ADJOURNMENT
Councilmember Crider moved to adjourn at 8:51 p.m. Councilmember Eickhoff seconded.
Mayor McTaggart declared the motion passed unanimously.
Phyllis Freeman
City Clerk