EDWARDSVILLE CITY HALL COUNCIL CHAMBERS

690 SOUTH 4^TH STREET P O BOX 13738

EDWARDSVILLE, KANSAS 66113

AUGUST 15, 2007

Members Present: Bryan Smith, Tim Sweeten, Jeff Martinek, Gerald Pappert, Woody Berry, and Robert Craven

Absent: Kelli Curry

REGULAR MEETING

Chairman Martinek: We’ll call the meeting to order. We want to welcome our temporary city administrator, Mike Webb to the meeting.

Mike Webb: Thank you, glad to be here.

Chairman Martinek: Anyone had a chance to look at the secretary’s report? Can I hear anything on that?

Brian Smith: I make a motion to approve the secretary’s report as submitted.

Woody Berry: Second.

Gerald Pappert: Abstain.

Tim Sweeten: Abstain. Motion carried.

NEW BUSINESS

There were no items for New Business.

OLD BUSINESS

Chairman Martinek: The Kaw Valley Industrial Park. Final Plat. Philip & Suzan Reed, Owners.  Dan can you give us some more information on that?

Dan Van Petten: Yes, I can. Please refer to Item A and Item B attached. In summary, if you will turn to page 2 of the HNTB report dated 8/15/07, we have a list of eight items that need to be changed on the final plat that was submitted. And if those are done, then I know we can recommend approval of this final plat. I would request that the surveyor provide another paper copy with those changes on it to the city staff for a final review before he cuts those mylars as a cost saving measure for the applicant.

We will have two restrictions on this plat. We don’t normally have these. But, based on the information that has been submitted to the city, we feel these two restrictions are very necessary. Please refer to Item A, page 2, number 7 attached.

If the property owner applicant agrees with the stipulation notice above, I recommend approval of the final plat as amended.

Tim Sweeten: Was the main concern the improvements on Woodend that this would allow for those to happen?

Dan Van Petten: That is correct. What we have here now will allow that Woodend road project to go through in its present form.

Mike Webb: That is my understanding. I think the concern is at the intersection of the off ramp and where this piece of property is that when that is done the state is going to cut off any access at that point, which there is kind of an unimproved driveway there. The concern all along has been the access to those properties which is the reason for the other access point which will align with basically the FedEx drive so that intersection will be a signalized access.

After further discussion  regarding the point of access for the above lots with the applicants’ surveyor, Roger Dill and engineer, Rueben Noguera PE, the planning commission developed the following cross access easement language to be added as a third restriction to the final plat:

Lot 8 and Lot 9 will have a cross easement access adequate to support the purposed use and approved by the city.

Tim Sweeten: I make a motion to accept the Kaw Valley Industrial Park Final Plat, Phillip and Suzan Reed Owners, contingent upon conditions in the staff report as well as the addition of the cross access easement.

Wood Berry: Second. Motion carried.

Chairman Martinek: Next on the agenda is the Change of Zoning, 9701 Kaw Drive, Applicant Gerald Currie. Item tabled 5/16/2007. Dan do you have anything on that?

Dan Van Petten: Just a memo, that Murray Rhodes called and requested it be postponed to the September meeting. Please see Item C attached.

Secretary: Excuse me Mr. Chairman. I received a phone call today from the engineer. He indicated they now have plans available to be reviewed by the city planner and city staff. There will be copies made available to the city engineer as well to determine if it is appropriate to have an architectural review board review the plans before it would be placed on the agenda for the planning commission.

Chairman Martinek: I don’t think we need to make any type of a ruling at this time.

Items from the Planning Commission

Chairman Martinek: Items from the Planning Commission: I have a couple of things. What is the general thoughts of everyone who attended the seminar we attended on comprehensive plan, land use and that sort of thing. We need to start using our comprehensive plan as the backbone for everything happening in the city from land use, to overlay plans, to zoning. And once again we find we are just a little bit behind in that area. To bring that issue up to date, how are we going to do this gang? We may need to start weekly work sessions. What I’m looking at here and what we learned at the meeting last week, it is going to take some time.

Tim Sweeten: It going to be a work session from here on out.

The league has some really good structure that we can follow and double check what we are doing. We might as well get crackin, we can use some of the handouts they gave us just to review and start the process.

After further discussion regarding the comprehensive plan, land use and building code issues:

Mike Webb: On the Comp Plan Review, I have been through that process at a number of places. I think one key is to have our planner put together a schedule we think is reasonable and some tasks that we want to achieve. And what do you want the Comp Plan to be? We typically think that a Comp Plan is to be a future land use plan and the components related to zoning and that. It really should take in your master sewer plan, park plan, roadway system plan, and a transportation plan. Really all of those things truly become your Comp Plan. It is not unusual for the Comp Plan to only be the land use plan, but I think as we move forward and you look at the other components they become important to our future planning. I think we can come back to the next meeting with a schedule and a plan for how many public meetings we want to have and determine the costs and the specific tasks involved.

After further discussion regarding the Comp Plan, code enforcement and planning process:

Tim Sweeten: I make a motion to have a work session on September 19, 2007 at 6 pm to finalize the Fence Ordinance, have open discussion on the Comprehensive Plan and current code enforcement, allowing 20 minutes for each subject. We would like to invite Mike Webb to attend this work session.

Robert Craven: Second. Motion carried.

Tim Sweeten: The planning commission requests the city staff to provide an update on the property occupied by KC Pro Construction with regard to possible violation of zoning and use.

Gerald Pappert: We’re dealing with all these overlay districts and codes enforcement and all of that. Are we going to let the trees finally cover the roads around here? What is the city planning to do regarding the trees along the city streets?

Mike Webb: It’s also been an issue that has been brought up. We have requested quotes for hourly cost of trimming the intersections, safety issues and line of sight issues and the overhangs where the trees have come over the 12 foot mark. It is also a reminder that property owners have obligation to maintain the trees on their property. We have also contacted the utility companies for the trees that are in their right of ways to get them to maintain those and reduce our costs.

After further discussion regarding the trimming of trees and liability of the city, it was agreed that the planning commission would be provided with a update on the progress of the tree trimming.

Bryan Smith: One last thing, on the overlay district, are we going to have a public hearing next session?

Dan Van Petten: Yes we are. The notice has been put in the paper for 7 pm on Sept 19, 2007.

Chairman Martinek: Dan, do you remember when we were revamping the city regarding the animals? We got rid of goats and pigs and other animals.

Dan Van Petten: Yes we do. We have an ordinance to that effect.

Chairman Martinek: Well that is what I’m having a hard time with. At that same time, we did some kind of a program that allowed for horses where we allowed a minimum of three acres for a horse.

Dan Van Petten: Yes we did. I think that is in the ordinance.

Robert Craven: You have to have three acres for a horse and an additional acre for each horse.

Chairman Martinek: At the same time we had some kind of a program where someone could have three, four or five acres and spend a lot of money on a house and have a horse. But that horse had to have a permit. And that is one of the interesting things that came up. But Phyllis said we have not had a permit for a horse.

After further discussion regarding horses and required permits, it was stated that the staff will be reevaluating the code of ordinances such that all districts should not be subject to zoning but should be a code of ordinances that’s driven by size of lots and zoning. This issue will be coming back on the council agenda in the next 30 days.

Items from the Floor

John Broman, 1025 Edwardsville Drive: I applaud you guys for taking classes from the Kansas League of Municipalities for the Comprehensive Plan. We have had one, and I think you have a copy of it. It is a good plan and I think if we tweaked it a little bit it will probably be a pretty good plan. It does protect the core of the city from encroachment from multi-housing dwellings and stuff like that. It’s a good plan and I’m glad you are working on that.

Another thing is the fencing, I’m glad you are working on that. As you see you are talking about the one guy living on 104^th Street or Kouns Lane. I’m soon to be living on Kouns Lane. I’ll be moving to 1400 S 104^th Street. And the people who put up the privacy fence, put it right straight to the road. I think that clearly needs to be addressed. Because it looks like another one is going up at 940 here real quick. You don’t see it anywhere in Kansas City, Johnson County or anywhere else. We’ve got barb wire, chicken wire and every damn type of fence we got out there. And it’s starting to become an eyesore for the city. We need to get that under control.

I wish we had put under the horses, something on there. I know we did it on residential. I thought we put three acres and one horse after that. Because at 1025 Edwardsville Drive, where I live now, just up the street. I got a guy with dirty horses and his manure is running down into my pond and everything else. And it is a sad situation that we let these things get out of control.

I’m glad you guys are working on it; I applaud you for the efforts you are going to do. And I hope we can get something done on the fencing to see if we can get that under control.

Adjournment

Chairman Martinek: Do we have anything else. I need a motion to adjourn.

Woody Berry: So moved.

Gerald Pappert: Second. Motion carried. Meeting adjourned at 8:40 pm

Next regularly scheduled meeting is September 19, 2007.

Respectfully submitted,

Michelle Bounds

Secretary