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January 28, 2008

CITY COUNCIL MEETING

January 28, 2008

7:00 p.m.

The Governing Body of the City of Edwardsville, Kansas met in regular session on Monday, January 28, 2008 at 7:05 p.m. in the City Hall Council Chambers.

The following Councilmember was present with Mayor Heinz Rodgers presiding:

Chuck Adams Craig Crider
Doug Danner John Eickhoff Patrick Isenhour

The following staff members were present:

            Reed Walker, City Attorney
            Michael Webb, Interim City Administrator
            Phyllis Freeman, City Clerk
            Mark Mathies, Police Chief
            Cliff Lane, Chief Fire Department

MINUTES OF JANUARY 14, 2008

Councilmember Adams moved to approve the minutes as corrected and recommended by Councilmember Crider for January 14, 2008. Councilmember Danner seconded.

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

STATEMENTOF BILLS - $262,608.11

Councilmember Eickhoff moved to approve the statement of bills in the amount of $262,608.11. Councilmember Crider 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.

OLD BUSINESS

DISCUSSION OF DEVELOPMENT AGREEMENT

Administrator Webb provided a copy of the current development agreements to the City Council prior to the beginning of the regular council meeting and stated there are two development agreements currently with the city. Mid-Point Corporate Centre located at 96^th & Woodend Road and Raintree Apartments at 1300 S. 94^th Street. Each of these agreements are completely different going from the industrial classification at Mid-Point Corporate Centre to residential at Raintree Apartments. The Mid-Point agreement did include on site and off site public improvements that were dedicated to the city. Benefit districts were also created as a part of the Mid-Point project for sewer and public improvement to the roads within that development. Other benefits, such as Industrial Revenue Bonds as well as sales tax exemption were included as a part of the agreement. Raintree Apartments has a straight forward agreement with payment agreements within the agreement and with off site improvements as well as sewer improvements on site that is the responsibility of the developer in the agreement.

Administrator Webb recommended forming a city development team to include; City Administrator, City Attorney, Wyandotte Development Inc., bond counsel and financial advisor. With certain specific projects it may become necessary to call in various fields for outside reviews. As we move forward it would be appropriate to have an established city core group to keep the Governing Boy updated on potential new development.

REQUESTS OR COMMENTS FROM THE PUBLIC

Tom Overby, 134 N. Nettleton, Bonner Springs, Kansas. Project Developer, Kansas Landmark Tower stated as we begin this new year he is prepared to give the Mayor and Council an update on the Kansas Landmark Tower project. This project is a huge endeavor and provided new written information to the City Council. Mr. Overby stated information provided is facts, based on documentation that allows the Governing Body to make good business decisions. Within the information provided was a list of the “Core Development Group”. The listing included Avenue Area Inc. as the Certified Development Company where Mr. Overby stated he has 30 years of experience. The core team members include Norman Gaar, Attorney & Bond Counsel; John Martin, Developer; A.G. Edwards, Bond Placement; Crawford Architects & Engineering; Thornton Tomasetti, Engineering; Walton Construction, General Contractor and Vegelahn Construction, Construction Manager. All these core team members have invested their financial support in this project. There are 29 additional specialized companies involved. The plan is to break ground this year; a copy of a “Letter of Commitment” was also provided to the Governing Body where approximately 25 acres of land located in the Riverview Avenue Special Development District; east of 110^th Street on the north side of Riverview Avenue has been committed by the current landowner for the purpose of developing the Kansas Landmark Tower.

Mr. Overby stated the plan is to fast track this project. They also will need a development agreement with the city to establish what the city is going to do and what the developer is going to do.

Mr. Overby stated he needs to know as soon as possible from the Mayor, City Council and staff where the city plans on sewers for the north end properties. This is a huge cost to a developer; whether it be a casino, whether it be a car wash or whether it be a tornado tower; one of these projects is going to come in first. They need to know where the city wants the sewers because the first project in all the others will be hooking to that project or you have absolute chaos. They ask to be treated equally and fairly.

Councilmember Crider asked Mr. Overby if John Martin that is listed on the core development group is the millionaire that retired was with Walton Construction.

Mr. Overby stated that is the same John Walton, President/CEO that was with Walton Construction.

John Broman, 1400 S. 104^th Street stated his concerns with item #5 on the agenda appointing Michael Webb as City Administrator.

Mayor Rodgers stated as Mayor appointments can be made at any time when there is a vacancy. He and Mr. Webb developed the process taken in order to search for the police chief and it is not the standard procedure for any type of appointed position. They felt it was the most appropriate way to locate and hire the police chief and he felt it was not necessary to do that for his appointment of the city administrator’s position.

Mayor Rodgers stated he felt that the City Council has had plenty of time to review the contract for administrator.

Councilmember Isenhour stated the communication level with the current administration is off the charts. He has more confidence in this contract than any he has ever seen.

Perry Parks, 1920 S. 98^th Street stated he is glad to see big companies coming in to do business in Edwardsville. Mr. Parks asked if there was any way to off set work for contractors that live here in Edwardsville. With the Raintree project there is no way that he can compete with the big contractors. What can be done?

Mayor Rodgers stated that on the contract that Mr. Parks was referring to there was a big difference between the lowest bid and the next lowest bid. The lowest bid came from one of the big boys locally.

Mr. Parks stated these people don’t live here.

Mayor Rodgers stated he knew that they don’t live here, but he is not sure that the people that do live here are willing to pay higher taxes in order to support local contractors over out of town contractors when the price difference is that great.

Mr. Parks stated then it is a dog eat dog world.

Mayor Rodgers stated they have had discussions on this; if there is a 5% difference or less than a 5% difference between someone from out of town versus someone from in town he would be more inclined to go with the local contractors because it keeps the money local and it’s good for everybody, but when you are talking a 45% difference that is quite a chunk of change. You’re really footing the bill to the taxpayers.

Mr. Parks agreed.

Mayor Rodgers stated in order to answer Mr. Parks question he was not sure how to avoid that in the future in a project that was just bid but be assured there is a preference for local businesses no matter what their size.

Mr. Parks stated before they came into office; elected as City Council he worked on the river front park and did not paid. He feels he is a part of the community. Now the big guys are hurting and he is hurting too but no one feels the pain but him. It is still a dog eat dog world.

Councilmember Adams stated the real challenge is that they were elected to manage the city; the city budget; that’s what they were elected to do. They would love for local people to do the work but he can’t get up in front of a group and say we are going to pay an X amount more that is a large sum because we are going to favor the local guy. Then they come back and say why did you increase my taxes.

Mr. Parks asked what happened to the minority part of this.

Councilmember Adams stated it looks like a straight price bid.

Administrator Webb stated on that project yes it is a straight price bid.

Councilmember Eickhoff stated the low bidder was $150,000 and the high bidder was over $300,000. There’s a big difference so we had to take the lower bid.

Administrator Webb stated we made every effort to make sure local contractors were apart of the process and had knowledge that there was a project to consider and to bid.

MAYOR’S APPOINTMENT OF MICHAEL WEBB AS

CITY ADMINISTRATOR

AND COUNCIL’S CONSIDERATION

OF CONFIRMATION OF SUCH

Mayor Rodgers recommended the appointment of Michael Alan Webb effective January 1, 2008.

Councilman Isenhour moved to confirm the appointment of Michael Alan Webb. Councilmember Eickhoff seconded.

Administrator Webb introduced his wife Mary Nell Webb and thanked the Governing Body for their support.

CONSIDER ORDINANCE 860

ENTERING EMPLOYMENT AGREEMENT FOR

CITY ADMINISTRATOR SERVICES

AN ORDINANCE SETTING THE PAY AND TERMS OF EMPLOYMENT FOR THE POSITION OF CITY ADMINISTRATOR.

Councilmember Adams moved to adopt Ordinance 860. Councilmember Crider seconded.

CONSIDER RESOLUTION 2008-03

REGARDING THE WAIVER OF GAAP

REQUIREMENTS FOR THE YEAR ENDING 12/31/2007

Councilmember Isenhour moved to adopt Resolution 2008-03. Councilmember Danner seconded.

CONSIDER AUTHORIZING THE CITY ADMINISTRATOR

TO ENTER INTO AGREEMENTS WITH ONE OR MORE

RIGHT-OF-WAY (ROW) AGENTS FOR PUBLIC WORKS PROJECTS

Councilmember Danner moved to approve Right-Of-Way agent Shaner Appraisals, Inc. for the Eastside Sewer Extension and the I-435 Frontage road project. Councilmember Eickhoff seconded.

Administrator Webb stated the cost of the right-of-way agent is paid by the developer for both projects.

CONSIDER MAYOR’S APPOINTMENTS TO

VOLUNTEER BOARDS AND COMMISSIONS

Mayor Rodgers recommended the following appointments:

Planning Commission:
Jeff Martinek, Tim Sweeten, Kelli Curry.

Park & Recreation Advisory Board:
Richard Carter, Connie Hadley, Ex-Officio Councilmember Crider

Board of Zoning Appeals:
Mark Bishop, Scott Young, Candice Miller

Accept the resignation of Ruth Neal from the Cemetery Board.

Councilmember Adams moved to approve the appointments. Councilmember Isenhour seconded.

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

RESIGNATION

RUTH NEAL, CEMETERY BOARD

Councilmember Danner moved to accept the resignation with regrets. Councilmember Crider seconded.

Mayor Rodgers stated no recommendation to replace Mrs. Neal has been presented from the Cemetery Board.

STAFF REPORTS

CITY ADMINISTRATOR

Administrator Webb reported:

Thanked staff for their assistance during the time of being short staffed and also thanked the public for their patience during that time.

The personnel manual is scheduled for early March. He and Michelle Bounds, City Treasurer are reviewing the draft prepared by the McGrath Consulting Group and Victoria McGrath is scheduled to return February 13, 2008 to have a big staff work shop to meet with the staff that originated with process.

City Administrator Webb requested an executive session for non-elected personnel to include Administrator Webb and Police Chief Mark Mathies for no less than 15 minutes at the end of the meeting.

EXECUTIVE SESSION

Councilmember Adams moved to hold an executive session as requested. Councilmember Crider seconded.

COUNCIL AND MAYOR COMMENTS

Councilmember Adams stated he was glad that Michael Webb is now on board permanently; all references indicated this is the right decision.

Councilmember Adams stated it is great to see Tom and Diane Overby back. The tower project is a great one for the City of Edwardsville.

Councilmember Adams recommended a slogan for the city possibly having a contest to involve the community.

Councilmember Adams asked Administrator Webb if he is working on the land acquisition requested by Mr. Brandt on S. 98^th Street.

Administrator Webb stated yes he was working on the request.

Councilmember Crider stated he supports the tower project it is an excellent project and he looking for the day the ribbon will be cut to put Edwardsville on the map not only locally but nationally.

Councilmember Danner asked Administrator Webb for an update on building repairs.

Administrator Webb stated a draft had been prepared to put out for bid for roofing repairs. Roofing contractors have been by to check into the roof issues and provided a thumb sketch to indicate where there are problems. There are problems where the down spouts are located. He and Jack Peters went up on the roof and there are areas north of city hall that are in terrible shape. Staff is trying to get bids out in the next 30 days.

Councilmember Eickhoff moved to adopt action minutes format instead of transcript minutes. Councilmember Isenhour seconded.

Administrator Webb recommended keeping the digital form of minutes for two years.

EXECUTIVE SESSION

Mayor Rodgers adjourned at 8:15 p.m. to begin the executive session for no less than 15 minutes.

RECONVENE TO REGULAR SESSION

Mayor Rodgers reconvened regular session at 8:50 p.m.

EXECUTIVE SESSION

Councilmember Adams moved to go into executive session for five minutes for discussion of litigation. Councilmember Isenhour seconded.

Mayor Rodgers declared the motion carried.

RECONVENE TO REGULAR SESSION

Mayor Rodgers reconvened regular session at 8:55 p.m.

ADJOURNMENT

Councilmember Crider moved to adjourn at 8:56 p.m. Councilmember Eickhoff seconded. All in favor.
Mayor Rodgers declared motion carried.

Phyllis Freeman

City Clerk

City of Edwardsville

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January 28, 2008