Document Actions
September 14, 2009
CITY COUNCIL MEETING
September 14, 2009
7:00 p.m.
The Governing Body of the City of Edwardsville, Kansas met in regular session on Monday, September 14, 2009, at 7:00 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 AUGUST 24, 2009
Councilmember Crider moved to approve the minutes. Councilmember Danner seconded.
Mayor McTaggart requested a roll call vote. The motion passed.
STATEMENT OF BILLS - $291,280.82
Councilmember Bishop moved to approve the statement of bills. Councilmember Eickhoff seconded.
After discussion Mayor McTaggart requested a roll call vote. The motion passed unanimously.
REQUESTS OR COMMENTS FROM THE PUBLIC
Rebecca Carter 629 S. 4th Street asked how the recommendation from the Planning Commission to change the residential zoning would affect the citizens. If someone is in the process of purchasing three acres right now and is not in their name will that affect them being able to build on it?
Administrator Webb stated the Planning Commission has been going through the whole zoning ordinance starting with the residential zoning. They spent several months working on the zoning and also held a public hearing regarding the zoning changes and made the recommendation to the City Council. If the property is an existing lot of record there is no reason why a home could not be built on the three acres.
Mrs. Carter asked if this is the five acre minimum that has been referred to.
Administrator Webb stated what has been proposed in the agricultural is a minimum of five acre lots; residential R-1 minimum lot area per dwelling three acres; residential RD-NS without sewer minimum lot one acre.
Councilmember Bishop stated according to the recommendation there is no changes to existing platted land.
Administrator Webb explained that there are two types of zoning applications. The use of the land; you can not take a residential lot and use it for a commercial purpose. When land is re-platted; you take the requirements of the zoning; set-backs; size of lots; minimum size of lots and height restrictions. To make application for a re-plat all these issues must be addressed and based on what is being done it will have to meet the zoning requirements.
Mrs. Carter asked if it is zoned agriculture right now.
Administrator Webb stated if it is zoned agriculture right now it will be agriculture when the zoning changes occur.
Mrs. Carter asked the three is not going to affect it?
Administrator Webb stated not from building a house. It only affects it if you decide to re-plat the land. If you want to take five acres and build five one acre lots it will affect it.
John Williamson 10601 Kaw Drive stated he has issues with his neighbor and the city for not enforcing ordinances.
Mr. Williamson stated he feels that Jack Peters is not qualified to do the job. When he contacted Mr. Peters about the problem he was cursed at and told not to tell Mr. Peters how to do his job. This act happened months ago. He was also told by Jack Peters and Loyd Beth that they could not enforce any of this or they would lose their job with the previous administration. The land owner to the east of his office does not maintain the property properly. This property is on K-32 that he has been fighting for four years. He feels that the land owner needs to be issued a citation and the city mow the property and issue a bill to the land owner.
Administrator Webb stated he has addressed the personnel issue with Mr. Peters.
After further discussion Mayor McTaggart stated the matter will be looked into.
Administrator Webb stated this has been an on going matter. She did get out this week and mowed the property. The property is not as manicured as Mr. Williamson’s is but will be addressed.
RECOMMENDATION TO ACCEPT IMPROVEMENTS FOR
WOODEND ROAD PHASE I
AND CONSIDER CHANGE ORDER #4
Administrator Webb stated there are three issues that need to be addressed. The first one is a matter of closing out the project. Stating that the project is done and complete that triggers warranties on the project. Cook, Flatt & Strobel Engineer Charley LaPage and Project Inspector Toni Sinkard are in attendance. Pat McAnany and Ed Huggins are present representing McAnany Construction the general contractor on this project. The city engineers have concluded that the project is complete.
Administrator Webb stated there are two other issues that need to be addressed in order to close out the project. There are two items of pay that have been requested by the contractor. When the project was put out for bid there was not a line item to cover the maintenance and performance bonds. One item in the bid was for a construction trailer, based upon space here at city hall that could be used by the inspector it was determined that there was no need for an on site construction trailer. That item was withdrawn from the bid. Later in the process it came to his attention that the contractor had placed in their bid on that same line item the bonds for the project. That issue should have been raised at the time of the bid process. He does not support failure of putting the bonds in the bid as a fault of the city; therefore not having the city pay an additional fee in the form of a change order.
Administrator Webb stated the second issue is the biggest financial issue regarding the asphalt paving. The project was to be completed in the summer months; it was delayed due to utility relocations. McAnany had a firm bid on the price of the asphalt through August 2008. There was a rapid increase in the price of asphalt with rising petroleum prices and that other projects were going on during this same time period.
After further discussion regarding when was the project scheduled to start and scheduled for completion; why utility relocations were not done in a timely manner; communication with the utilities regarding the relocations; was the project started too early; to consider an additional change order to cover the added cost of $9,917 for project bonds; another change order in the amount of $65,309.07 due to increase in the price of the asphalt; who was in charge; any other reasons for time delays; will utility company that caused delay reimburse city if the city agrees to pay higher price for the asphalt; price of bonds; the question raised many times as to who was at fault, city engineer, city, contractor, or utility company. The original contract cost was increased to $1,302,962.35 due to two previous change orders to compensate for a required upgrade in sewer pipe materials and the relocation of a gas line. Total payments for all work competed to date is $1,270,354.16, or $32,608.19 less than the final contract amount.
Charlie LaPage, Engineer with Cook, Flatt & Strobel stated the issue with the utilities is very common, even with state projects. Utility companies will tell you they anticipate being on the project a certain date but most times they are not there. It’s preferable to wait until the utilities are relocated before actual construction starts but it is very common that you get things out to bid anticipating that utilities will be moved and relocated.
After further discussion Councilmember Crider moved to table action on this matter for 30 days. Councilmember Danner seconded. After further discussion Councilmember Crider withdrew his motion. Councilmember Danner withdrew his second.
Councilmember Crider moved to accept the improvements to Woodend Road, Phase I as a completed project. Councilmember Adams second.
Mayor McTaggart asked if there was any further discussion from the council.
Councilmember Eickhoff asked if the motion includes paying any extra money.
City Attorney Duckers stated no.
Mayor McTaggart requested a roll call vote. The motion passed.
Councilmember Crider moved to table consideration of the council to accept or reject change order #4 as presented this evening up to 30 days. Councilmember Danner second.
Mayor McTaggart requested a roll call vote. The motion passed.
Pat McAnany stated he understood and if there were any questions or clarifications that need to be made before the next meeting let Administrator Webb know. He felt it was well presented as far as their issues and the cost incurred at that time. Bond costs were not paid for when that item was deleted. The fuel petroleum cost came from Conoco Phillips and had prices locked in through the August time period. The delay in the project pushed them right into the worst time possible and they had to get the job done. They hated that it took them that much time to get the job done but it was completely out of their control.
CONSIDER RECOMMENDATION FROM PLANNING COMMISSION
REGARDING RESIDENTIAL ZONING CHANGES
Administrator Webb stated staff is not asking for adoption of an ordinance this evening. The Planning Commission has reviewed the residential zoning ordinance for several months and held a work session with Governing Body. There are a lot of narrow and deep lots in the city. For future development in the city for more residential and subdivision type of developments with these types of properties it makes it difficult to attract developers. Most developers like large tracts of land with a single ownership that they can subdivide into smaller lots. A concern was what we could do to preserve land for future development and in keeping in mind where the community wants to go. Many work sessions and a public hearing was held before the Planning Commission to get public input.
Administrator Webb reviewed current Agricultural/Residential guide lines and proposed guide lines. Compared to other cities in the metropolitan area; Bonner Springs, Kansas City, Kansas, Shawnee, Eudora, Gardner, Douglas County, and Leavenworth County. He also addressed existing land with sewers and existing land without sewers. In the agricultural district the average is 3 to 5 acres. The current zoning ordinance in AG and R-1 districts basically have the same rules, they’re both one acre, bringing consideration as to why have two districts when they are both the same. But in some areas there are tracts with sewers as in William Farms where the lots are not one acre; and in the Castle Lake subdivision there are one acre lots due to not having sewers.
Administrator Webb addressed the recommended changes the planning commission has proposed by adding new residential districts and also regarding Ag/Residential (AG/R); Rural Residential (R-1); Residential Development-No Sewer (RD-NS); Residential Development-Sewer (RD-S). One real issue that has been considered was changing lot size in Agricultural from one acre to five acres and in Rural Residential (R-1) changing from one acre to three acres. There is no recommendation to rezone any property.
Mayor McTaggart stated building codes and zoning ordinances protect the land owners.
After further discussion Administrator Webb stated he will relay to the Planning Commission the comments and concerns discussed this evening with the Governing Body.
RECOMMENDATION FROM CEMETERY BOARD
TO NAME CEMETERY WEST OF WILLIAMSON FARMS
Mayor McTaggart opened the floor to Cemetery Board President John Kindred.
Mr. Kindred stated after further research presented at the last meeting held by the Cemetery Board the board is recommending based on the information provided by the federal government and an actual headstone in the cemetery to name the cemetery “Edwardsville Stoney Point”.
Councilmember Adams moved to adopt the recommendation from the Cemetery Board to name the cemetery “Edwardsville Stoney Point”. Councilmember Bishop seconded.
Mayor McTaggart requested a roll call vote. The motion passed.
CITY ADMINISTRATOR
Administrator Webb reported:
The city held a public meeting on September 10, 2009 at the community center regarding the 110th Street & Edwardsville Drive improvements. Forty-five individuals signed in and seventy-five actually attended the public meeting. The city engineer had prepared new maps laying out the design. That map is on the wall here in the council chambers. Questions asked; how will the improvements be paid for; will the taxes go up; some like the road just the way it is because it keeps people driving slower and they will drive too fast if it is fixed. No new bonds are being proposed for these improvements. Currently there are $1 to 1.5 million dollars ear marked for the project; some of it is federal money; some is bond money already issued to the city; this is one of the projects designated at the time the 2006 bonds were issued. It is estimated that this project will cost $5,500,000. We are aware that the funds are not there to do the whole project; the next phase is to decide how much money we have; how much to allocate to the project; and how to proceed. It was a good meeting.
Sales tax election; staff is moving forward with the wording for the ballot; it will be a walk-in polling place election; Kansas City, Kansas will be holding an election as well; they missed the date to do a mail-in ballot so it will be a polling place election; it has been recommended and is a good idea to hold the election at the community center only and not at the school. It was recommended to place signs at the school indicating the location of the polling place. The election will be held November 3, 2009.
The Kansas City Kansan has been sold. Nick Sloan has acquired the website. Sam Hartle will no longer be with the Kansan after September 18, 2009.
CHIEFS (POLICE & FIRE)
Police Chief Mark Mathies stated for clarification on the Trailblazer, he had it checked out, it did pass the brake inspection, and it’s just very soft. The person that drove it everyday had no problems. It was rotated out of service because of the expense to do any repairs. It was for the best not to have city staff drive the SUV without previous experience. If it’s best to spend $1,500 for repairs it could be done. Councilmember Eickhoff had also stated that it would pass then suddenly it became an issue for repairs from the manufacturer.
After further discussion Administrator Webb stated he and the Chief will look into the concerns and comments from the Governing Body.
Chief Mathies stated the computers have been ordered for the cars and will be taking 30 days for delivery. All items have been ordered that will utilize funds from the federal grant.
Administrator Webb stated the police department will have the additional staff that has been acquired by using the grant funds.
Chief Mathies stated the new hire will be going to the academy; he has bilingual skills, former military, after discharge went directly to college and has passed all exams. Officially starts September 21st then goes directly to the academy on September 28th and returns January 22, 2010.
Fire Chief Lane stated the department raised $1,600 for the Jerry Lewis MDA in four and one half hours by holding a boot-block.
CITY ENGINEER
Charlie LaPage, Cook, Flatt & Strobel Engineering reported:
There has been some complaints about drainage issues they will keep close attention to the matter.
Woodend Road Phase II, 435 interchange improvements; they are waiting for required documents/plans from Kansas City Power & Light. When those come in they will be submitted to KDOT. After KDOT makes final revisions the project will go out for bid in November.
Administrator Webb stated it basically is a KDOT project; the city engineers the project; KDOT gets the project; bid the project; build it and we pay for it.
Mr. LaPage stated the other project pending is the 110th Street, from I-70 to Riverview. The plans just need to be updated.
Administrator Webb stated they will be moving forward with right of way acquisition possibly using Shaner & Associates to do the actual appraisals. KDOT has a specific process with certain certifications to do KDOT work.
Administrator Webb stated we are aware of the drainage ditch issue on Woodend Road. We are trying to use local contractors; some don’t have the bonding capacity that is required by the state.
Mr. LaPage stated the problem was that the seeding did not get done in order to have vegetation established in the fall. With an extremely wet spring they almost did not get it seeded in time. Right now what vegetation was established is holding up very well. The contractor has the responsibility in the maintenance and performance bonds for two years, not the city.
COUNCIL AND MAYOR COMMENTS
Councilmember Adams stated it has become very tiring to hear the issue regarding John Williamson’s concerns. The adjoining land owner has not done her part; the issue needs to be wrapped up and done. Utilize the ordinances and do what we can; hold her feet to the fire; that is the most visual part of the city.
Administrator Webb stated the water issue is one most mentioned. He has gone by the property during some of the worst rains, has photographs, there has been some puddling; but no water coming from the drains from the highway. No water has come right up to the edge of the building; it’s in a low area outside of the building. Jack has called her on numerous occasions; there are other property owners with the same situation and have also been notified; this has taken far too much time of the city staff.
Councilmember Adams stated he has reviewed the current budget; the departments are staying within their portion of the budget; some are a little tight; we do need to commend the departments for working hard to stay within their department budgets.
Councilmember Adams asked Administrator Webb if there was an update on recycling.
Administrator Webb stated no, he has had more citizens asking about recycling, he has responded to them and suggested that they contact Mike Claggett at Deffenbaugh and ask why it is so difficult to have recycling.
Councilmember Adams stated he has attended the fourth in a series of six meetings on Sustainable Communities. There was an international expert on refuse collection and recycling. He asked the expert what was the average length of a contract with a company that handles refuse collection and he stated 8 years. The 8 years is used because that’s the length of time they depreciate their equipment cost into the bid. Based on that information he humbly asked previous council’s forgiveness for being so harsh with them for having an extended contract. There is a reason for longer contracts with the equipment involved.
Councilmember Adams asked about the funding for the project on the north side, the new one that has been rejuvenated from 2002; is there any idea what it’s going to look like with the money we have available. 110th Street south to Riverview.
Administrator Webb stated as the road narrows down it will come down to that width and will be curbed and guttered through the intersection. We have a set of plans in metric.
Councilmember Adams stated he can attest that the vehicle for animal control does stop because it didn’t run through his house when they came to pick up the pot bellied pig. He thanked the officers for corralling the pot bellied pig.
Councilmember Bishop asked Administrator Webb if they can get a copy of the plans for the extension.
Administrator Webb stated yes, it will be a KDOT project and put out for bid. KDOT does a maximum funding amount and have estimated $400,000 as their maximum contribution to the project. The city is responsible for 20% and the project is managed by KDOT.
Administrator Webb stated that on the Woodend Road it has not been so much a cost over-run; it has not been a well managed project. He feels the Council has made it very clear their concerns and he shares the same frustrations. As the city looks into other projects we are also looking into considering other engineers for the work.
Councilmember Adams asked about the engineering on phase two of Woodend Road.
Administrator Webb stated project is already designed and BHC Rhodes will be the engineering firm on that project and has been approved by the KDOT.
Councilmember Bishop asked if Administrator Webb or Building Official Peters ever stop by the project. Did they have weekly meetings with the sub-contractors?
Administrator Webb stated yes they do go to the project site. McAnany did most of the work, they had very few subs. The inspector Toni Sinkard was on the project and was very good in staying with the project. Some of the timing issues were out of her control. She met with them on a regular basis. McAnany had a project supervisor on the project and they met weekly even at times when there wasn’t much going on. He feels the breakdown was with McAnany and Cook, Flatt & Strobel. In the future possibly we should look to a third party a separate engineering firm to be the cities eyes and ears.
Councilmember Crider stated the Park & Recreations Advisory Board is calling a special meeting on September 22nd and will be meeting to have a recommendation to appoint a new member to the board at the next council meeting.
Councilmember Crider stated at the last meeting council decided to turn in the city cell phones, he respects that, he will be turning his phone in this evening.
Councilmember Crider reported that on Saturday, October 10th at the Kansas Speedway they are sponsoring the “Autism Speaks Walk” to walk for children with autism all over the United States. All funds raised goes for a good cause.
Councilmember Crider reported that this Sunday “Bikers for Babies” is rallying and will be coming through Edwardsville on I-435.
Councilmember Crider asked Administrator Webb about a rumor that Quill/Staples is moving out.
Administrator Webb stated he had heard that but will follow up. He will also check into some state assistance if available.
Councilmember Danner stated he had heard from a couple of people that they did not get the trash pick up day notice.
Administrator Webb stated there has been problems in the customer date base at Deffenbaugh.
Councilmember Danner stated he represented the Mayor and city on Saturday, September 12th at the centennial “100 year anniversary” celebration musical of the Bonner Springs branch of the NAACP. The concert was very nice and he read and presented a proclamation that Mayor McTaggart had signed.
Councilmember Eickhoff asked Administrator Webb how to find out who’s responsible for Riverview. Is it Bonner Springs or Edwardsville side can be cleared so that people can drive down the street or make it a one way street from now on? Some of the trees are four feet out into the road now and no body will do anything about it. It’s either our responsibility or Bonner’s or whoever’s.
Administrator Webb stated he has had discussions with Bonner and was told that we need to tell property owners. The county has offered to assist us with brush clearing; we need to get them here.
Mayor McTaggart stated it depends on their availability. He has not heard from them.
Administrator Webb stated Bonner has been notified. We’ll check into what our authority is. Bonner will have to do something or we will both do something.
Councilmember Eickhoff asked about the horse litigation.
Administrator Webb stated we have responded to the suit that has been filed and our insurance company has been notified legal counsel has been hired by the insurance company.
Councilmember Eickhoff asked if any citation has been filed.
City Attorney Duckers stated no, we will be meeting with the lawyer appointed next week. There are a number of issues regarding the case. He will bring the council up to date during an executive session at the next meeting.
Mayor McTaggart reminded everyone that this weekend is Autumnfest Friday and Saturday. Hopefully everyone has heard the good news for Wyandotte County and eventually will bring development to Edwardsville. He and Administrator Webb are planning on attending the hearing on the casino at the junior college.
ADJOURNMENT
Councilmember Crider moved to adjourn at 9:08 p.m. Councilmember Bishop seconded.
Mayor McTaggart declared the motion carried unanimously.
Phyllis Freeman
City Clerk