CITY COUNCIL MEETING 

December 10, 2007
7:30 p.m.

The Governing Body of the City of Edwardsville, Kansas met in regular session on Monday, December 10, 2007 at 7:30 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                                     Patrick Isenhour
Councilmember Bob Lane was absent. 

The following staff members were present:

            Mike Webb, Interim City Administrator

            Reed Walker, City Attorney

            Phyllis Freeman, City Clerk

Cliff Lane, Fire Chief

Mark Mathies, Police Chief 

PUBLIC HEARING

2007 Budget Amendment

Mayor Rodgers opened the public hearing by requesting a staff report from Interim City Administrator Michael Webb.

Administrator Webb requested amendments for the General Fund, Bond & Interest, and Sewer fund.  Please refer to Item A attached. 

Mayor Rodgers asked those in attendance if there were any questions. None were presented. 

Councilmember Danner moved to close the public hearing. Councilmember Crider seconded.

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

New Agenda Item 

Councilmember Isenhour moved to accept the resignation of Councilmember Lane as of December 5, 2007.  Councilmember Adams seconded.

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

Mayor Rodgers announced his appointment of John Eickhoff to the fill the vacant position on the City Council.

Councilmember Crider moved to confirm the appointment of John Eickhoff to the City Council.  Councilmember Isenhour seconded.

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

OATH OF OFFICE FOR NEW COUNCILMEMBER JOHN EICKHOFF 

City Clerk Phyllis Freeman administered the oath of office to Councilmember John Eickhoff.

MINUTES OF NOVEMBER 26, 2007

Councilmember Crider moved to approve the minutes of November 26, 2007. Councilmember Danner seconded.

Councilmember Adams asked if Mr. Coleman was notified that the IRB is just for Phase 1.

Administrator Webb stated that he spoke with him today about the IRB issued.  Mr. Webb asked Councilmember Adams to clarify if they are for his property or Mr. Coleman.

Councilmember Adams referenced the city council minutes from November 26, 2007 that Councilmember Adams requested that Mr. Coleman be notified and understands that this IRB is just for Phase 1.

Administrator Webb refers to Scott Anderson, who states he hasn’t spoken with him since the last meeting.  Mr. Anderson stated that he did inform him prior to the last meeting that this was for the initial phase of this project.

Councilmember Adams asked Mr. Anderson if he is comfortable that Mr. Coleman has this information. 

Mr. Anderson stated yes and will confirm with him tomorrow.

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

STATEMENT OF BILLS - $ 176,466.78

Councilmember Adams moved to pay the bills in the amount of $176,466.78. Councilmember Crider seconded.

 
Mayor Rodgers requested a roll call vote.

Councilmemer Adams, yes
Councilmember Crider, yes
Councilmember Daner, yes
Councilmeber Isenhour, yes
Councilmember Eichoff, yes
The motion was declared carried 

REQUESTS OR COMMENTS FROM THE PUBLIC

There were no comments from the public.

PRESENTATION BY GOLDEN HEARTLAND REGARDING LOTTERY GAMING FACILITY PROPOSAL.

Rod Atamian, Executive Vice President of Golden Gaming.  Introducing Amy Sances Corporate Council and Chief Golding Gaming Director of Development, Sheila Pancas Director of Compliance and Licensing, Craig Harado, Friedmutter Group

Mr. Antani discusses the positive attributes of the location that has been selected.  After discussion Mr. Antani then introduces Craig Harada to deliver the video presentation for Golden Gaming. 

Councilmember Adams asked what the anticipated room rate would be for the hotel.

Mr. Sartini stated approximately $125.00 - $150.00 depending on weekday or weekend rates.

Councilmember Adams asked if the residential lots are located about the shopping area. 

Mr. Sartini stated that information is correct.

Councilmember Adams asked what type of square footage, what type of pricing should be anticipated. 

We’re still in the discovery phase and would like those to be more upscale in nature.  We are still in discussion with groups that have experience in this area that will help with the appropriate pricing for this area.

Councilmember Adams asked if Mr. Sartini has any idea of how many lot units that they may be looking at.

Mr. Sartini stated about 180 units in total.  The residential components, is something that we are trying to get better educated on.  We have a lot of land to work with at the site.  The Golf course is first priority.  We are trying to give Mr. Watson a blank slate to work with.   Depending on how the design works out we are going to look how best to utilize the residential components and do more investigation.

Councilmember Adams asked if all the retail and all the private housing would be in the Bonner Springs portion.

Mr. Sartini stated at this current time that is what is planned.

Councilmember Adams asked if the only retail in the casino would be restaurants and a gift shop. 

Mr. Sartini stated the retail in the casino, a spa facility a bowling center is planned along with a buffet.  There is potential for additional retail on the outside of the casino.

Councilmember Adams asked for the convention center do you have the type of corporate client that you are looking for to accommodate the size of event that you handle.

Mr. Sartini stated what we have proposed at this time is 35,000 square feet of convention space.  That would be able to hold about 1,000 people.  You can break these rooms down to cater to smaller groups.  A lot of that will depend on the demand in the market and how many hotel rooms will be built in this area.  You can go out and say that you are going build 100,000 feet of convention space, but if you only have a limited amount of hotel rooms than a lot of that space will go empty.  Our plan was to come in initially with an amount that we thought was appropriate for the number of rooms that we would have in the first phase.  Then if we see more demand for rooms that prompt more hotels rooms which would prompt additional convention space.  We certainly have enough room to add to that.  We can scale down the bowling facility to expand.  

Councilmember Isenhour asked if any environmental fact studies have be conducted. 

Mr. Osborne stated we have done traffic and preliminary storm water studies to evaluate what impacts the project.  With regards to traffic, we have shown improvements that will ultimately be developed on 110^th street and Riverview.  We have shown that traffic will flow regularly.  It’s going to more than it is now, there’s no question.  This project will bring additional development adjacent to it.  In particular, all properties to the east and across 110^th street itself.  We have looked at traffic patterns that would not result from that development but with the roads we have put in would and those that are proposed to be designed, should help with that.   That leaves the property to the south of Riverview itself.  Those west and south are covered by the golf course. Those east of it, we have spoken with land owners and have discussion about the impact.  We feel those impacts south of Riverview would not be as great as everything to the north.  As regards to storm water we are attempting to collect every drop of water on property and divert those to the lakes on the golf course with use of the irrigation itself.  In that regard we are trying to be fairly good environmental stewards with the rain water that not only collect the excess run off to submission branch creek.  Noise & light those things can be confined to the site.   The intent is to create a very soft setting.  The have really work well to tailoring it to the stuff seen in Kansas as a modern and classical design.  Landscaping will help reduce the light and notice impact also.  We’ve gone through your ordinances and feel the project will be good neighborly throughout.  

Councilmember Eickhoff asked what about the noise to the west.

Mr. Osborne states the noise directly from the casino, the elevation of the site itself and the location the site is oriented, and I don’t see a lot noise going to the west.  We are going to be quite a bit higher that the properties to the west, so the sound is going to stay up and above that.  Most of the elements are facing to the east and the south.  We will be using retaining walls to maintain most of the heavy vegetation that currently exist on the property. 

Councilmember Eickhoff asked if there will be any concerts there at all.

Mr. Sartini stated that the entertainment venue that is currently planned is an indoor venue. 

Councilmember Danner asked about how many parking spaces will be available for the casino. 

Mr. Sartini stated we have a 2,000 space parking garage planned plus an additional 500 surface parking spaces. 

CONSIDER PLANNING COMMISSION RECOMMENDATIONS:

a) JC Speed Lube @ 9701 Kaw Drive

Councilmember Adams moved to follow the recommendation of the planning commission and deny the zoning application of JC Speedy Lube. Councilmember Danner Seconded.

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

Mayor Rodgers stated that he did make a packet available to Councilmember Eickhoff prior to the meeting so he would be aware of those items discussed. 

b) Golden Heartland Lottery Gaming Facility @ NW corner of 110^th and Riverview.

Councilmember Danner moved to accept the planning commission recommendation for conditional approval of the zoning change preliminary site plan and Special Use Permit for a gaming facility. Councilmember Isenhour Seconded.

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

CONSIDER RESOLUTION 2007-23 REGARDING ENDORSEMENT OF LOTTERY GAMING FACILITY.

Councilmember Adams moved to adopt resolution 2007-23 with endorsement of City of Edwardsville of the Golden Heartland Inc. Councilmember Crider Seconded.

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

Short Recess

CONSIDER ORDINANCE 858 AUTHORIZING APPROVAL OF IRB APPLICATION BY INN CANAAN, INC. AND CANAAN DEVELOPMENT, INC.

After a report from Scott Anderson, Councilmember Isenhour moved to adopt Ordinance 858. Councilmember Danner Seconded.

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

CONSIDER RFP’S FOR AUDIT SERVICES FOR F.Y. 2007-2009

Councilmember Isenhour moved to accept Cochran, Head, Vick & Co. audit service for the 2007 physical year only. Councilmember Adams Seconded.

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

CONSIDER ADOPTING AMENDED 2007 BUDGET

Councilmember Adams moved to adopt the Amended 2007 Budget.  Councilmember Isenhour Seconded

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

CONSIDER ORDINANCE 859 REVISING CHAPTER I. ADMINISTRATION, ARTICLE 2. GOVERNING BODY CHAPTER 1-203; CHANGING REGULAR CITY COUNCIL MEETING TIMES FROM 7:30 P.M. TO 7:00 P.M.

Councilmember Isenhour moved to accept Ordinance 859. Councilmember Eickhoff seconded.

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

CONSIDER CEREAL MALT BEVERAGE LICENSE RENEWALS

Councilmember Isenhour moved to accept the Cereal Malt Beverage License Renewals.  Councilmember Crider seconded.

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

CONSIDER AUTHORIZING THE MAYOR TO APPROVE BUSINESS LICENSES IN ACCORDANCE WITH CITY CODES.

Councilmember Isenhour moved to authorize the Mayor to approve Business License with the exception to the special use applications or adult entertainment.  Councilmember Danner seconded.

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

 CONSIDER AUTHORIZING THE MAYOR TO ENTER INTO CONTRACT AGREEMENT FOR CITY ADMINISTRATOR SERVICES WITH MICHAEL WEBB

ADVISORY REPORTS 

CITY ADMINISTRATOR

Administrator Webb reported:

That he spoke with Dirtworks and wanted to note that we have a limited supply of salt through our supplier Kaw Valley.  We have been put on a waiting and hold basis.  According to him they have sufficient supply to make it through the evening.  However, if we don’t get put back on the supply list soon it will be difficult to provide our town will sufficient snow removal.  We might want to reconsider entering into pre-purchase contracts.

Mayor Rodgers stated that Chief Mathies will be the contact with the contractor.

CITY ATTORNEY

No report at this time.

CITY ENGINEER

No report at this time.

COUNCIL AND MAYOR COMMENTS

Mayor Rodgers stated that he held a meeting with some of the land owners on the proposed outer road as part of our east side improvements.  I believe it went really well.  We had some good response from the land owners that showed up.  The preliminary plans are on the wall that shows the plan view of the road.

Administrator Webb stated that K-DOT has signed off on the alignment of that road.

Mayor Rodgers stated that we are pursuing the sanitary sewers that run up along the east side of the city.  KDHE responded back on the storm water facility, that regional facilities up near that end of town.  We anticipate that going out for bids next month.

Administrator Webb stated that the bids are already available on our website and the bids are due on January 8^th.  The bid documents are available for view and can be purchase through the engineer.  The bids will be opened and read at Edwardsville City Hall on January 8^th and should be awarded on January 14^th.

Councilmember Isenhour stated that it’s important to remember that Bob Lane is still a resident of Edwardsville.  He also served as a volunteer fire fighter and a member of the Edwardsville police department for 7 years.  That it is very hard to have people criticize you life.  Please remember that he has been active in the improvement of this community.

Councilmember Adams stated that two months ago a committee was created to look at the procedures for the intake of developers.  Hopefully there will be an update and recommendation available in January.  Is there an update of 110^th street?

Administrator Webb stated the only update we have received is positive responses or none.  I asked John Bayless as to how we can request from the State to utilize those funds.  We’re not going to proceed with the widening of the road because we don’t have support of the property owners.

Councilmember Adams stated that we talked about having a Saturday work shop about the 2009 budget preparation and long range planning.  

Administrator Webb stated that he has been in contact with an individual that would be able to help with the workshop but is currently unavailable until March.  But will also contact other cities for information about other individuals that will be available sooner.

Councilmember Adams stated that we have discussed having the first meeting of the month as a business meeting and having the second meeting of the month to be more of workshop meeting.  Is there any further discussion or ideas?

Mayor Rodgers stated yes I think we have been discussing this matter.  I think we have decided the first meeting of the month is when we make discussion concerning planning and zoning.  This would make the first meeting of the month better for our heavier issues and allowing the second meeting for our workshop issues.  As the New Year begins, we will have our meetings beginning at 7:00 and I would like a standard that our second meeting will begin at 6:00 for a work session.

Councilmember Adams stated that he would like to request that for the second meeting in January that we place the tower project on the agenda to discuss.

Councilmember Crider stated that in previous years the city has reimbursed John Sower for protective jacket and steel toe boots.  However, this year that has not happened.  I would like to see this city do what we can to reimburse him for the jacket for safety issues. 

Mayor Rodgers asked are you suggesting we establish a clothing allowance.

Councilman Crider stated not where he can buy anything, but a jacket and steel toe boots.

Administrator Webb stated I had a discussion with John and I agree that safety equipment that is necessary, that the city should pay for these items.  But a policy should be established for each department in the city.

Councilmember Crider stated that it’s listed in our policy 16.0 for boots and safety gear.  We can set a limit of $150.00 a year.

After further discussion it has been agreed to receive a recommendation from the staff on what would be the appropriate and acceptable personal protection equipment and an appropriate dollar amount.     

Mayor Rodgers stated that he had received a letter from the department of commerce in response to our request to rescinding the star bond financing.  The result was they decided not to reconsider rescinding so those are hereby rescinded.  I have also received a letter from the Landmark Tower Group asking what the next steps are to acquire the IRB’s.  I have directed the staff to give us a status report of those issues.  I look for the developer to submit a proposal.  The city is not a developer and the city doesn’t come up with a proposed development.  I do agree that’s a perfect topic for a work session, but as of yet there’s nothing to discuss.  I hope we will have more information for the meeting in January to take advantage of that work session.

Mayor Rodgers would like to thank Councilmember Lane for his years of service to the city and wish to see him continue to serve the city in other capacities.   I would like to officially and publicly welcome Councilmember Eickhoff and look forward to his input on the council. 

EXECUTIVE SESSION

Councilmember Adams requested an executive session to discuss non-elected personnel less than 20 minutes.  Councilmember Isenhour seconded. 

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

RECONVENE TO REGULAR SESSION

Mayor Rodgers reconvened regular session at 10:12 pm.

ADJOURNMENT

Councilmember Adams moved to adjourn at 10:13 p.m. Councilmember Isenhour seconded.

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

Phyllis Freeman
City Clerk
By Tamala Burgoon