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November 13, 2007

CITY COUNCIL MEETING

November 13, 2007

7:30 p.m.

The Governing Body of the City of Edwardsville, Kansas met in regular session on Monday, November 13, 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
Bob Lane

The following staff members were present:
            H. Reed Walker, City Attorney
            Michael Webb, Interim City Administrator
            Phyllis Freeman, City Clerk
            Cliff Lane, Chief, Fire Department
            Jim Moore, Chief, Police Department

APPROVE MINUTES OF OCTOBER 22, 2007

Councilmember Crider moved to approve the minutes as written. 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.

PAYMENT OF BILLS TOTALING $96,252.94

Councilmember Lane moved to pay the bills in the amount of $96,252.94. Councilmember Danner seconded.

Councilmember Adams asked Administrator Webb regarding the General Fund Income, Sales Tax City Levy it reflects a 13% behind projection are we expecting that to come in or is this over projected?

Administrator Webb stated it appears over projected, we are coming in better on the use and sales tax however it does look as if the city sales tax will come in under. It is not expected to see $200,000 in origination fees/economic development for this year.

PROCLAMATION

Mayor Rodgers read and proclaimed the week of November 18 - 25, 2007 as Bible Week.

PRESENTATION TO POLICE CHIEF JAMES W. MOORE

Mayor Rodgers presented Police Chief James W. Moore with a plaque and gift card in appreciation for the service that Chief Moore has given the city, citizens and businesses of the City of Edwardsville.

Chief Moore stated it has been a privilege and an honor to work with the men and women in this department. He came into this position with an open mind and let the department speak for themselves. The city has a great group of men and women within this department, he has made a lot of friends while working here, and he won’t be a stranger he will be back. The new chief coming will take this department a long way.

Chief Moore introduced his family and thanked them for their support.

OATH OF OFFICE FOR NEW POLICE CHIEF MARK M. MATHIES

City Clerk Phyllis Freeman administered the oath of office to Police Chief Mark M. Mathies.

REQUESTS OR COMMENTS FROM THE PUBLIC

Pat Roland, 2026 Orchard Lane, Edwardsville, Kansas thanked the public for supporting the sale of the coupon books, the pancake feed and the garage sale helped to raise a little over $1,000. Mrs. Roland stated the after school program she was planning on starting in January 2008 will not start until the next school session. They will be applying for the 501C3 and will work towards staring the program while doing various community events.

J. R. Russell, an attorney practicing at 750 Ann presented a letter to the City Clerk to file and circulate to the Governing Body. In the letter he is asking for an amended 12105B notice on behalf of the taxpayers and property owners of Edwardsville that he represents. Mr. Russell stated it is his opinion that in reviewing documents presented by his clients that he thinks there is something that does not work out to be compatible with state law and give the City Council the administrative opportunity to correct it.

Mr. Russell asked that the Governing Body read the letter and take it under advisement, if they have time to take the action, if not there will be action taken in response to the action of failure to take action by the City Council. He feels he has set his ideas out clearly to read and review; it is a matter of public record that there are some glitches in the budget process, and in the mill levy process; by bringing them to the City Council’s attention to give them the first opportunity to correct them. If all parties don’t agree they know where the courthouse is.

Mayor Rodgers stated in reviewing the letter just received a few moments ago he directed staff to give a full report to address the items.

Administrator Michael Webb agreed to respond to the request.

John Williamson, 10601 Kaw Drive stated at the last work session with the City Council they had discussed the property issue. He had received a letter from City Attorney Reed Walker and feels it was not what was agreed upon.

Mr. Williamson read the letter. “As was discussed during the Edwardsville City Council work session on October 22^nd the City Council gave its assurance any future work done on your property which the city is aware of what is required to comply with city ordinances and putting requirements for permits which would include but not be limited to grading permit etc.

Mr. Williamson stated he thought it was agreed that any future work on the property that has damaged his property will be required to have a permit for grading or whatever is required. He asked for the thoughts from the City Council that was said at that meeting.

Mayor Rodgers stated regardless to what was said at that meeting any permitting exercise within our city limits will be required.

Mr. Williamson stated we have had two years of things by the city that has not forced the property owner next to him to do anything other than to move dirt. There is not a permit that could be found that allows them to come on his property without his permission and move dirt; they did not do it in a good workmanship type manner; there was not anything; now the city is saying he can’t do anything; he just wants assurance that when Mrs. Roberts or who ever purchases her property has to agree; there should be some type of engineering work there before any other work is done. He thought that was what was agreed upon that there would be some assurance that if anything was done to that property that they would have to correct the problems that are already there.”

City Attorney Walker stated “that goes way beyond what we talked about in a work session that if any work is done they will have to correct problems there. He feels that is Dr. Williamson’s agenda to get some blanket commitment from the city; and he is not sure they are in the position to do that; we don’t need to write letters to citizens or any body else that we are going to comply with the law. We should comply with the law and we will do that as a city, if it hasn’t been done in the city in the past it ought to be and we commit to Dr. Williamson and should commit to the citizens we are going to follow the law what ever it is. But for us to be required to write a letter to every citizen every time some alleged violation comes up that we are going to follow the law he does not know how we are going to keep up with that.”Mr. Williamson stated “the city can not prove that there was ever a permit given to work on this property. He thinks there is fault at the city that they have allowed her to come and damage his property; all he would like for them to do is to enforce their ordinances and they are not able to do it; he does not know why they don’t want to do it; he does not know why they simply go back and issue a citation to her for not abiding by the ordinances.”

Mr. Williamson stated “this is not what he, what his assurance was, what he thought they had agreed upon, he does not want comments from the Council; that any work that’s done on that site would have to; it will have to be; have the required permit and go through all the list of 10 or 11 things that are required to work on the property.”

Councilmember Crider asked “wasn’t that if there was any more work done on that property she is not allowed to move one bit of dirt until their permit is bought. Is that correct?

Councilmember Danner stated “that is how I remember it.”

Councilmember Crider stated “that is the way I remember it.”

Councilmember Isenhour stated “that is what I understood.”

Councilmember Crider stated “if she gets back on your property you have every right to have her arrested, press charges, I mean she’s trespassing. We can’t do that.”

Mr. Williamson stated “he understands that.”

Councilmember Crider stated “but if she comes over and starts working without a permit, then yes we will take action on that, she will have to have a permit, to do anything.”

Mayor Rodgers stated “he’s not sure what the ordinance is on that but he thinks you can move a shovel full of dirt and not have a permit.”

Councilmember Crider stated “but if she is going to bring in a dozer and start moving dirt around or digging dirt to make a foundation or pour footings or something she is going to have a permit to do that and right now she doesn’t does she?”

Administrator Webb stated “he thinks the bottom line is if they pursue any, to develop that property, then yes there is any number of potential permits. It may require zoning, it may require, it’s going to, as a commercial project it requires site plans, that’s going to trigger potentially drainage studies, grading permits etc. If she wants to re-grade that lot and change its contours; and since our engineer is here he thinks that he can attest to this; if she wants to change contours of lot as it sits right now he believes a grading permit would be required for that lot or any other lot for that matter.”

Councilmember Adams stated “we were making, we were giving you (Mr. Williamson) our commitment as a city that no matter where it is in the city that if they don’t abide by the ordinances we will enforce the ordinances.”

Mr. Williamson stated “I agree with that but there has been two; over two years of of problems associated with this city on this piece of property; here’s our settlement agreement that she was suppose to abide by and she didn’t do any of it; well she removed some rock and she uh gave him a little bit of money, but that’s about it.”

Mayor Rodgers stated “it’s his understanding that that settlement agreement wasn’t done this forum, correct?

Mr. Williamson stated “no no well no; this was done, this, no it wasn’t, you are correct but what he would like to be able to do; again, he wanted to get this enforced

Councilmember Danner asked “where was the settlement agreement done?”

Mr. Williamson stated “first of all it was the city’s understanding that it was a court order; there was never a court order; police came up to his office after he had faxed something to the city requesting that they not allow her work on his property; they came up and said well they have a court order stating that she could be on his property; there was never a court order; there was a settlement agreement that she agreed to.”

Councilmember Danner asked “who did she agree to that with; I mean was it done by a lawyer or court?”

Mr. Williamson stated “through our attorneys; yes; through our attorneys.”

Councilmember Danner stated “I think that is your recourse then.”

Mr. Williamson stated “that is my recourse but I have two years of the city just allowing her to go on onto the property and doing whatever she wants without a permit; he would like some assurance that when she goes back on or whoever goes back on this property they have to have a permit; they need to abide by the a list of several things.”

Councilmember Danner stated “I think you just received that assurance.”

Councilmember Adams stated “it will be in the public record that they have agreed to that at in the City Council.

Councilmember Lane stated “it’s on any property.”

Councilmember Adams stated “right, on any property.”

Mr. Williamson stated “he realized that but, but see this is, this is, with the letter he got from Reed it says on your property; his property; it doesn’t say that anything about the property adjacent to him. I mean Mrs. Roberts is in here today and I; I know she hasn’t agreed to several of these things on here; and you guys forced him not to; oh well you didn’t; when the police came up and they asked to take a report stating that um you know he didn’t want her on his property; that they said that there was a court order and they allowed her to come on and do the damage to his property; actually there is more damage to his property now than when they have removed the rock than before. So there is water accumulating around his building; water is going from the northwest part of his office to the southwest. Something going to be; eventually that property will be sold; and before it’s sold she going to have to abide by this settlement agreement. He would just like the assurance from the City Council that you guys are going to; that you will enforce your own ordinances. In the past he havn’t

Councilmember Adams asked “is that what you are looking; is that the action you are wanting from the City Council; is the assurance that they will abide by the ordinances of the city? Is that what he is looking for?”

Mr. Williamson stated “he would like that, ya.”

Councilmember Adams stated “he feels they made that pretty clear that they will and the city administrator and mayor have made it clear that they are going to abide by the city ordinances.”

Councilmember Crider stated “I mean we can’t go back two years.”

Mr. Williamson stated “he realized; well; he disagrees with that; he thinks right now they could go back; he does not know protocol; he thinks the city can go back and cite her for not abiding; first of all for not having a permit; not having an engineering report; not having a survey; never having a water retention plan; a list of several things; he thinks she can be cited for that. And in his opinion that may get her motivated enough to try to do something. In his opinion, and it’s hear say; about the only way you are going to get some action.”

Councilmember Adams stated “you asked us to give him a full faced commitment to abide by the ordinances and laws of this city and he feels they have been very strongly behind that.”

Councilmember Crider stated “if there is equipment on that property without a permit he thinks it is the perfect time to go up

Mrs. Roberts stood and asked if she may say something.

City Clerk Freeman tried to notify Mayor Rodgers of Mrs. Roberts presence and request to speak.

Mayor Rodgers allowed Councilmember Crider to complete his statement.

Councilmember Crider stated “if there is not a permit nobody is allowed to do anything inside this city. Is that correct?”

Councilmember Adams stated “if it meets the criteria of the ordinances.”

Administrator Webb stated “yes.”

Councilmember Crider stated “we need to enforce all codes.”

Administrator Webb stated “we certainly do take all due diligence to enforce the codes and ordinances of the city. We won’t claim to be, we will not claim to be perfect; but we will certainly take every action possible from a staff level, from the engineer; from planners; whatever to fully commit to the enforcement of those ordinances and will continue to do that.”

Lois Roberts, 16547 158^th Street, Bonner Springs, Kansas stated “she will abide with whatever you want. The builder that he is talking about; removed it when they bought the old duplex that was such an eyesore for the city. Your former city administrator asked her to purchase it and she did; and she removed to dirt and the lot next door and filled the lot adjacent to the dentist Dr. Williamson. She doesn’t think she; Doug Spangler told her she did not need a permit to fill.”

Councilmember Crider stated “anytime you are going to move dirt you are going to need a permit and you should have had a demolition permit.”

Mrs. Roberts stated “she had a permit on the north side”

Councilmember Adams stated “from this point forward we would ask you if you had any question at all”

Mrs. Roberts stated “she does have an attorney, Dennis Harris is her attorney and if they would like to speak with him she would be happy for him to come and visit with them.”

Councilmember Crider stated “it’s not always what you hear you need to look at the ordinances, you know, you can’t do something by somebody’s word without looking to make sure.”

Mrs. Roberts stated “Dr. Williamson chose not to go to court; his attorney and him; so if he wants to do further litigation call her attorney.”

CONSIDER RESOLUTION 2007-20
REGARDING MEMBERSHIP IN THE MARCIT
EMPLOYEE BENEFIT, HEALTH & LIFE PLANS

Councilmember Isenhour moved to adopt Resolution 2007-20. Councilmember Adams seconded.

CONSIDER RESOLUTION 2007-21
REGARDING ADOPTING THE BY-LAWS OF MARCIT

Councilmember Isenhour moved to adopt Resolution 2007-21. Councilmember Danner seconded.

CONSIDER RESOLUTION 2007-22

REGARDING ADOPTION OF LOCAL EMERGENCY OPERATIONS PLAN

Police Chief Jim Moore recommended the adoption of the emergency operations plan to be utilized by both police and fire departments.

Administrator Webb stated he had a discussion with Bob Evans and Mr. Evans has agreed to address the Governing Body.

Councilmember Adams requested a work session be scheduled to brief the Council on the emergency operations plan.

Councilmember Adams moved to adopt Resolution 2007-22. Councilmember Isenhour seconded.

CONSIDER ORDINANCE 856 AMENDING THE
CODE OF THE CITY OF EDWARDSVILLE
ADDING CHAPTER IV ARTICLE 10 FENCES

CONSIDER ORDINANCE 857
AMENDING SECTION 10.13
BARBED WIRE OF THE UNIFORM PUBLIC CODE

After a lengthy discussion Councilmember Danner moved to table any action on theses items until November 26, 2007 for a full staff report. Councilmember Crider seconded.

CONSIDER STAFF RECOMMENDATION TO FORMALIZE
PREVIOUS ACTIONS AND APPOINT
ADAM WILSON AND SHEILA ROGOZA
TO THE POSITION OF SERGEANT IN THE POLICE DEPARTMENT

Chief Moore stated this is a matter of house keeping, both officers have completed the required testing and probationary period for the position and recommends approval from the Governing Body.

After further discussion Councilmember Adams moved to approve the recommendation from Chief Moore effective March 9, 2007. Councilmember Danner seconded.

CONSIDER RECOMMENDATION FROM PARKS & REC. BOARD
TO APPOINT JASON CONNER TO REPLACE ANDY HESS
FOR THE REMAINDER OF HIS TERM

Mayor Rodgers recommended the appointment of Jason Conner to serve on the Parks and Recreation Advisory Board.

Councilmember Adams moved to approve the appointment of Jason Conner. Councilmember Crider seconded.

ADVISORY REPORTS

CITY ADMINISTRATOR

Administrator Webb reported the review process has begun on revising the personnel manual for city employees. Employees from the various departments are participating in the review process and are getting good feedback showing our strengths and weaknesses. Employees have been encouraged to continue to participate. It is anticipated that the recommended revision will be before the Governing Body by late February with the employees to give a presentation and to get additional feedback from the City Council.

CITY ATTORNEY’S REPORT

City Attorney Walker requested an executive session regarding litigation matters and elected officials for 15 minutes.

Mayor Rodgers asked if the executive session could be held at the end of the meeting and it was agreed to do so.

CITY ENGINEER’S REPORT

City Engineer John Bayless reported:

East Side Improvements project: Preliminary plans are complete; open house/public meeting is scheduled for November 14^th from 4:00 to 6:00 p.m. at the Community Center to discuss the plans and proposed easements with property owners in that area. Notification was given by publication and notices sent to property owners. This is the second meeting for those residents to keep them well informed. There may be one more meeting prior to construction to answer any questions they may have and keep them as well informed as possible. Geotechnical borings are scheduled for this week. Final plans are scheduled to be complete by the end of the year, with right-of-way acquisition starting in December. Construction is proposed for 2008.

Frontage road that extends from Kansas Avenue to Swartz Road has gone through half dozen meetings with the department of transportation that included 10 to 15 reviewers. We hopefully had a final meeting last Friday and have been meeting every Friday for the last several weeks. The project has been moved as high up as the Chief Engineer of the Kansas Department of Transportation. Mr. Bayless feels they have confirmation on the alignment and access point on Kansas Avenue allowing them to proceed from preliminary design on into final and construction documents.

Detention Basin project is an important project to the city so it has been moved up. Final plans are complete and have been submitted to the Corp of Engineers and the Kansas Department of Health & Environment for approval for impact to the streets.

Woodend Road improvements plans have been separated into two sections; the city portion that is fully funded by the city; Woodend Road which is basically 102^nd Street west to the KDOT facility plans are complete; right-of-way acquisition is in process; as soon as that is acquired construction can begin. The balance of the project is a joint funded project with KDOT that includes the interchange of I-435 and extends to the KDOT driveway. Field check plans are complete; right-of-way acquisition process has begun; consolidation of driveways for safety matters and starting construction of this project in 2009.

COUNCIL COMMENTS

Councilmember Crider thanked Chief Moore for his hard work and welcomed Chief Mathies.

Councilmember Crider thanked the committee for finding Chief Mathies and for doing a great job for the community.

Councilmember Crider stated now that the city has a full time police chief the only position to fill is a full time city administrator. Mike Webb is a top pick he is doing a super job but it is time to have a full time administrator not an interim.

Councilmember Adams stated he had a constituent ask him about signage issues regarding speed limits and weight limits on a bridge in the city. Another issue brought up on K-32 for speed limit and asked to reserve that to address at a later time to see what type of development we may see on K-32.

Councilmember Adams stated at the last meeting he had addressed a statement that was in the Kansas City Kansan newspaper about some comments made about the citizens in Edwardsville. He wanted to thank Matt Kelsey the editor for his comments; he did retract as much as we can expect a media person to retract their statements and found him to be very engaging and had an open honest discussion.

Councilmember Adams thanked Matt Kelsey.

Councilmember Adams stated that over the week end Junius Groves was inducted into the Bruce R. Watkins Cultural Heritage Center Museum. It is a beautiful facility and a great ceremony for the three inductees. Mr. Groves portrait will be hanging in their hall of fame as well as a video and audio that was done; hopefully we can get a copy for the web site.

Councilmember Adams asked if there was an update on 110^th Street.

Administrator Webb stated no, the city has only received two positive responses to date. Letters were sent out with the cities best offer. More information will be available at the next meeting.

Councilmember Adams thanked John Kindred for the great efforts he put in clearing the African American cemetery. With the assistance of the Lansing inmates the area is being cleared and while clearing they found a road built up inside the hill and a turn around for wagons. They have also done some clearing around the grave stones and eventually a fence will be placed around the cemetery. This is a great heritage to the city.

Councilmember Danner stated “there was a comment made recently about the budget and the fact that we now have the statement of bills twice a month, and the appearance was that we are concealing the fact that we are spending as much now as we were sometime back. He compiled some figures to lay that idea to rest. From February to June of this year the monthly budget expenditure was $178,000 rounded to $627,000 rounded. In July when we started paying the bills twice a month through October it ranged from $121,000 to $300,000 rounded. Basically the bills have dropped but not significantly, not as much as we would like, but we certainly are not doing anything slight of hand by paying the bills twice a month; any body who wishes to have information on that are free to check with city hall for that information or any member of the council.”

Mayor Rodgers stated he is aware that the telephone bill has decreased at least $2,000 a month with the same number of telephones just by monitoring it and working with the telephone company. It adds up after a time.

MAYOR’S REPORT

Mayor Rodgers reported:

There has a been at least one complaint if not more around hunting season regarding spot lighting at night, assuming they are hunting, locating trails or if they are trying to figure out what people have in their yards on the north end of the city. He directed staff to do a cursory investigation with other cities in the state to see if they have any kind of ordinances on the books concerning such activities.

Administrator Webb stated he was under the impression that you could not spot light hunt at night period.

Mayor Rodgers stated he was pretty sure that you could not hunt at night.

Councilmember Crider stated he is a hunter and does not go around spot lighting but Kansas law states that you can shine a light in the state of Kansas in any field as long as you do not have any kind of weapon.

Mayor Rodgers stated he thinks the issue is not that they are shining in a field it is that they are shining it at peoples houses.

Administrator Webb stated that Chief Mathies can also speak to the officers if they see that activity.

Mayor Rodgers notified everyone in attendance of an “informational meeting” that was held by the Golden Gaming group at the Great Wolf Lodge on November 5^th. There was good information provided to the land owners. He did not attend the meeting but there is being some information exchanged. The public hearing for that project is scheduled for Monday, November 19^th before the Planning Commission. There will also be some type of a press conference Tuesday morning around the Legends area regarding that project.

Mayor Rodgers attended a facility open house at Old Dominion which is the new facility behind City Park on S. 98^th Street. The facility is state of the art full operation on 22 of the 60 acre site. It is a freight line with 135 doors/bays; 60,000 square feet of dock space; 12,000 square feet of office space on two levels. They have a full shop with 5 drive thru bays; they carry two million pounds of freight per day across their docks; and employ 130 people.

Mayor Rodgers reminded everyone that Thursday, November 15^th is America Recycles Day and that the League of Municipalities is holding a regional supper on November 28^th and will be providing 2008 Legislative Priorities.

Councilmember Crider asked why the press release is being held in Kansas City, Kansas. Isn’t it going to be built in Edwardsville? Why are they going to Kansas City, Kansas to hold a press release instead of here in our city?

Administrator Webb stated he does not disagree with Councilmember Crider but it was his understanding they are going to make an announcement regarding the golf course facility while it is a part of the overall program. They have provided information hand outs if any one would like one.

EXECUTIVE SESSION

Councilmember Crider moved to go into an executive session for discussion of litigation and elected personnel for 15 minutes to return at 9:25 p.m. Councilmember Danner seconded.

RECONVENE TO REGULAR SESSION

Mayor Rodgers reconvened regular session at 9:41 p.m.

ADJOURNMENT

Councilmember Isenhour moved to adjourn at 9:42 p.m. Councilmember Crider seconded.

Mayor Rodgers declared motion carried.

Phyllis Freeman

City Clerk

City of Edwardsville

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November 13, 2007