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November 26, 2007

7:30 p.m.

The Governing Body of the City of Edwardsville, Kansas met in regular session on Monday, November 26, 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 Bob Lane

Councilmember Patrick Isenhour 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

Proposed issuance by the City of its Industrial Revenue Bonds (Coleman Enterprises Project), in an approximate principal amount of $1,800,000 (the “Bonds”) and in regard to an exemption from ad valorem taxation for property constructed or purchased with the proceeds of such Bonds.

Mayor Rodgers opened the public hearing by reading the notice as published in The Chieftain and introduced Scott Anderson, representative of Gilmore & Bell, Bond Counsel for the City of Edwardsville, Kansas.

Mr. Anderson stated the public hearing is scheduled per Kansas law. This is the same project considered by the Governing Body at the October 22^nd council meeting. The City Council voted to proceed with the project. Kansas Law requires the City Council hold a public hearing for the project and eventually adopts an ordinance. Once the public hearing has been held the next step is to prepare an ordinance to bring back before the Governing Body for adoption at the December 10, 2007 council meeting.

Mr. Anderson had submitted a Cost Benefit Analysis for consideration by the Governing Body. The approximate payback to the City of Edwardsville is estimated at 4.8 years.

Mr. Anderson stated he would be happy to answer any questions the Governing Body may have.

Councilmember Danner asked to we know where they got the figures?

Mr. Anderson stated most of the Edwardsville reports are prepared by Steve Robb, Business and Technology Institute, Pittsburg State University, Pittsburg, Kansas. (Attachment “A”) prepares the analysis for cities in Wyandotte County. The report summarizes the costs and benefits for all taxing entities resulting from information provided by the applicant and from new direct, indirect and induced jobs. The Cost-Benefit Analysis report was reviewed by the Governing Body.

Councilmember Danner asked if the schools are exempted.

Mr. Anderson stated, no, when the county receives property taxes a portion goes to the state, county, school district and city. The county multiplies each tax bill 50% based on the percentage of the tax abatement.

Councilmember Adams asked if the information on page 6 is specific to Edwardsville.

Mr. Anderson stated state law requires that a Cost Benefit Analysis be prepared with a computer program that the state has considered appropriate to estimate the numbers in the cost benefit analysis.

Administrator Webb asked if the $1.8 million is for both phases.

Mr. Anderson stated, no, just for Phase one. It is best to do one phase at a time.

Administrator Webb stated Mr. Coleman had planned on attending this evenings meeting however he is about to become a new grandfather sometime this evening.

Councilmember Adams requested that Mr. Coleman be notified and understands that this IRB is just for Phase one.

Mr. Anderson agreed to do so.

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

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

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

MINUTES OF NOVEMBER 12, 2007

Councilmember Crider moved to approve the minutes of November 12, 2007. Councilmember Lane seconded.

STATEMENT OF BILLS - $65,670.91

Councilmember Lane moved to pay the bills in the amount of $65,670.91. Councilmember Danner seconded.

REQUESTS OR COMMENTS FROM THE PUBLIC

Saundra Parks, 1920 S. 98^th Street asked when the minutes are posted on the city web site.

Mayor Rodgers stated once the minutes have been approved by the City Council they are placed on the web site the next day.

Mrs. Parks stated street lights have been out on 98^th Street at the bridge; another one just before getting to K-32 on the west side of the street; on the north side of K-32 west of 98^th Street just before the motorcycle business. The question was asked as to who is responsible for the street lights.

Mayor Rodgers stated unless they are owned by a resident, the utility provider is responsible for all maintenance on the street lights. Any time there are street lights outs don’t hesitate to call city hall.

Mrs. Parks thanked the city for the tree trimming that was done on 98^th Street.

Gary Carpenter, 11030 Riverview asked about spot lighting of deer.

Mayor Rodgers stated they are still gathering information on that issue and will continue to check into the matter.

Administrator Webb stated he had discussed the matter with the police department and they will continue to watch the area. If they continue to spot light the police will see what is going on, it may not be an illegal activity, but to at least be on watch for that activity. Chief Mathies has discussed this with the patrol officers.

Mr. Carpenter stated there are too many houses now that before; anybody out at that time of night are up to no good; especially when shining lights on everybody’s property.

OLD BUSINESS

CONSIDER ORDINANCE 856 AMENDING

THE CODE OF THE CITY OF EDWARDSVILLE

ADDING CHAPTER IV ARTICLE 10 FENCES

After discussion Councilmember Adams moved to adopt Ordinance 856. Councilmember Danner seconded.

CONSIDER ORDINANCE 857AMENDING

SECTION 10.13 BARBED WIRE

OF THE UNIFORM PUBLIC OFFENSE CODE

After further discussion Councilmember Danner moved to adopt Ordinance 857. Councilmember Lane seconded.

CONSIDER RESCINDING

RESOLUTION 2000-06 AND RESOLUTION 2000-07

RELATING TO CLOTHING ALLOWANCE

THAT HAVE BEEN SUPERSEDED BY

MEMORANDUMS OF UNDERSTANDINGS

FOR THE FIRE AND POLICE DEPARTMENTS

After a lengthy discussion Councilmember Adams moved to rescind Resolution 2000-06 and Resolution 2000-07 to be in compliance with the Memorandums of Understandings. Councilmember Danner seconded.

CITY COUNCIL TO CONSIDER THE SALE OF FOUR

SURPLUS FORD CROWN VICTORIA POLICE VENICLES

TO KHAMIS MOHAMED, d.b.a.

BAY RIDGE MOTORS,

THE HIGHEST BIDDER ON ALL FOUR VEHICLES

After a report presented by Chief Mathies Councilmember Lane moved to approve the sale of the surplus vehicles to Bay Ridge Motors. Councilmember Crider seconded.

ADVISORY REPORTS

CITY ADMINISTRATOR

Administrator Webb reported:

Thanked the Fire Department personnel for their work in preparing for this evenings Mayor’s tree lighting ceremony and open house with a special guest Santa Claus.

At the last council meeting Mr. J. R Russell had presented a letter regarding the adoption of the 2008 budget. Based on his letter and trying to determine what his issues were a memo was prepared. There was a question as to whether the city held a public hearing to adopt the budget and the setting of the mill levy. The public hearing regarding the proposed 2008 budget was held on August 27, 2007 per Kansas Statutes. The public hearing notice for the proposed 2008 budget was published August 16, 2007. In the notice the budget was set at $4,756,051 with Ad Valorem taxes of $2,037,747. The notice indicated an estimated tax rate of 38.75 mills based on an assessed valuation of $52,586,982. The certified adopted 2008 budget was signed by members of the Governing Body and filed with the County Clerk’s office on August 31, 2007. After filing the budget a notice was received from the Unified Government, County Clerk’s office notifying the city that the appraised value in the city had been reduced approximately $2,500,000 and they (Unified Government of Wyandotte County, Kansas City, Kansas) reset the tax rate accordingly; with the value going down the rate overall went to 40.427 which is required under law.

Administrator Webb stated he talked with Brett Deichler, Tax Levy Manager to make sure there was nothing missed in the process of preparing the budget; because the mill levy verses the assessed value still generates the same amount of money from the taxes ($2,037,747) there is no further actions taken by the cities because it is still the same amount of tax to the city in the form of revenue. Staff followed all policies and procedures as required by law, no steps were missed and no further action is needed by the City Council.

City Attorney Reed Walker agreed with Administrator Webb.

CITY ATTORNEY

City Attorney Walker requested an executive session for non-elected personnel regarding a grievance specifically for 15 minutes.

Mayor Rodgers noted item 9 on the agenda for an executive session for 15 minutes minimum.

CITY ENGINEER

No report.

COUNCIL AND MAYOR COMMENTS

Councilmember Adams congratulated Mayor Rodgers and staff for a successful Christmas tree lighting ceremony held earlier this evening.

Councilmember Crider stated he did call Mayor Rodgers to let him know he would not be able to attend the ceremony. He wanted to be there but there are times when he can’t make it that early in the evening.

Councilmember Crider asked Chief Mathies if all the officers have the bullet proof vests.

Chief Mathies stated he is working on it and it will be mandated for all employees to wear the vest. Inventory wise he was not sure how many they have but hopefully through out the years they were issued if not they will be issued one as well as one for him.

Councilmember Crider stated he would like to see that all the officers be protected.

Chief Mathies agreed.

Councilmember Crider stated he knows they are uncomfortable at times but he feels their lives are more important.

Administrator Webb stated in the past there is a federal program that helps with a 50/50 grant program to assist cities.

Councilmember Danner stated there was something a year or two ago regarding trains that they not blow the whistle when there are lights and crossing arms.

Mayor Rodgers stated that was a topic (quiet zone) that came up a few years ago but was not sure of how it was resolved.

Councilmember Danner asked that be researched.

Councilmember Crider stated he thought that it was going to cost the city so much money to have them not blow the whistle between the hours of 8:00 p.m. and 6:00 a.m. He feels sorry for the people that live close to the tracks; there’s 100 trains a day.

Administrator Webb stated he was aware of a “quite zone”; until a few years ago it was not an option; they now have design standards that says that if the design standards are met; that a car cannot go around a gate; if you can prevent that crossing then you can have a quiet zone; but you have to have it at each and every crossing. It is either a quiet zone all the time or it’s not.

Councilmember Crider also addressed the railroad crossings being completely blocked at 4^th Street, 9^th Street and 98^th Street. He asked if there was something that could be done so that not all the crossings are blocked at the same time. They need to do something so that emergency vehicles can get through.

Administrator Webb agreed; it is a challenge not unique to us. Staff will get quiet zone legislation and what some of the requirements for that. It is fairly expensive and the railroad puts that expense to the community, they do not pay for it.

Councilmember Crider stated his main concern is 4^th Street for ambulances and other emergency equipment.

Mayor Rodgers asked John Broman of his experience on the quiet zone.

Mr. Broman stated it cost about $50,000 maximum per intersection to establish a quiet zone. He will try to locate the pamphlet of information he received from the railroad.

Mayor Rodgers stated that topic will be brought back before the Governing Body after receiving more information.

Mayor Rodgers thanked the fire fighters for their help and for holding the open house at the fire station this evening and for bringing Santa Claus in safely. He could not take credit for the Christmas tree program that goes to Tammie Burgoon and Mandy Coulter for decorating the tree and Michelle Bounds for serving the cookies and hot chocolate. Also thanks to the Edwardsville Elementary school choir

Mayor Rodgers publicly thanked John Kindred, Chairman for the Cemetery Board for being instrumental in getting the inmates from the Lansing work program to clean up what he calls the West Side Cemetery. They did a tremendous job as you can see as you drive up Edwardsville Drive.

Administrator Webb thanked City Clerk Freeman for addressing what the county thought was taxed based land that involved that same land. It has now been determined that it is not taxable.

Mayor Rodgers turned the attention to those in attendance to the back of the agenda. There has been some confusion in the past few days regarding flag etiquette. To clarify for general purposes it is good to know what surrounds the use of our flag. Until January 4^th of this year only the President of the United States could declare the flag being flown at half-staff. In our state the Governor under specific conditions or the President of the United States that has that authority. No disrespect to anyone or anything we will continue to follow the guidelines of our country and fly the flag appropriately. He understands that there has been traditions in the past; and does recognize we do need to come up with some ways to show respect for fallen hero’s but it will be done in an appropriate manner. There are no penalties for disobeying the rules and regulations but this city will follow the rules and regulations.

EXECUTIVE SESSION

Councilmember Adams moved to go into an executive session for 15 minutes from 8:30 p.m. to 8:45 p.m. for non-elected personnel grievance. Councilmember Crider seconded.

Mayor Rodgers declared the motion carried.

RECONVENE TO REGULAR SESSION

Mayor Rodgers reconvened regular session at 9:07 p.m.

ADJOURNMENT

Councilmember Lane moved to adjourn at 9:08 p.m. Councilmember Crider seconded.

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

Phyllis Freeman

City Clerk

City of Edwardsville

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November 26, 2007

ADVISORY REPORTS