Rick Poppitz
Special to The Gardner news
At the Nov. 6 Edgerton City Council meeting the council approved the work and paying the bills for this season’s street improvement projects, considered two amendments to municipal code and renewed a contract for the city’s waste collection services through Dec 31, 2018.

Completion of streets and sidewalk projects
The council considered final acceptance of the 2017 Street Program and authorizing final payment of $260,141.48 to Little Joe’s Asphalt, Inc. for the completed work.
There were two change orders to the original contract, both necessary due to the August flooding in the city. Those two changes cost around $44,000.
Council approved with a 5-0 vote.
Council considered final acceptance of the E. Nelson Street Quiet Zone Project and authorizing final payment to Miles Excavating Inc.
With one change order, the final cost was $181,581.46. The city and the county CARS program split the cost of this project 50-50.
Council approved the E Nelson St project with a 5-0 vote.
Council considered final acceptance of the 8th Street sidewalk project and final payment to Phillips Construction KC, LLC.
The project installed a half mile of sidewalk on 8th Street, from Heather Knoll Drive to Nelson Street.
Three change orders were needed to complete the project, raising total cost by about $14,000.
Council voted 5-0 to accept completion of the 8th Street sidewalk project and authorized final payment of $174,667.97.

Gardner Disposal Contract
Edgerton is near the end of a two year term of a contract with Gardner Disposal for waste collection services. The contract ends on Dec. 31, 2017.
Gardner Disposal has been working with the city on terms of a renewal of that agreement. At the Sept. 28 meeting, council was told that Gardner Disposal offered to renew at no rate change, but they wanted to drop sludge removal services.
Council told staff to communicate the message that they would renew, but only with the sludge removal services included as before.
“We visited previously with council about extending this contract by one year. Gardner Disposal has agreed to that extension for one year at current rate for all the services included,” said Beth Linn, city administrator.
The rate for residential solid waste removal is $15 per month, per dwelling. The city pays 50 percent of that, leaving residents with a $7.50 per month trash bill.
Council approved renewal of the waste collection services contract for one year with a 5-0 vote.

Amendment to liquor code
Council adopted Ordinance No. 1065 at the Sept. 28 meeting, which amended municipal code pertaining to the required distance between liquor sales establishments and schools or churches. Council decreased that distance from 300 feet to 200 feet, which makes the code match State of Kansas requirements.
At this meeting, council considered Ordinance No. 1067, which would further amend the liquor code and again make it match state law.
Current city code requires an occupation tax license for sale of alcoholic liquor annually. With the state, it is biennial. This amendment would make the city municipal code match and sets the biennial rate at $500.
Council approved Ordinance No. 1067 with a 5-0 vote.

Council member terms
Charter Ordinance No. 23 currently states that all council member terms expire on the Second Thursday in January of the year following the end of their term. This is in conflict with the requirements of Article 12 of the Kansas Constitution, which requires that all council member terms in municipalities in the State of Kansas expire on the Second Monday of January of the year following the end of their term.
Due to this conflict, city attorney is recommending that Charter Ordinance No. 23 of the City of Edgerton be amended to reflect the state requirement.
This is all due to the state legislature’s recent decision to do away with spring elections statewide.
Don Roberts, mayor, didn’t like changing charter ordinance that the city didn’t initiate.
“The state legislators passed the nine month extension, they dictated the terms, we didn’t do that. I feel like we’re just ratifying what they did,” Roberts said.
“I agree that they’re coming and telling us, when we should be sovereign and be able to make these choices on our own,” replied Lee Hendricks, city attorney.
“I’m just trying to make what you have in place legal. I’m not saying I agree with it,” Hendricks said.
Further discussion confirmed city code specifically uses the phrase ‘four year term,’which places it in conflict with state law.
Council voted to approve Charter Amendment No. 24, which amends Section 3 of Charter Ordinance No. 23 to accurately reflect expiration of council member terms.

Public Comments
Two patrons came forward to speak to council during public comments.
First was Jason Allen, Edgerton, who reported that a water meter that does not service his house has been installed on his property without any notification.
Allen said he was told he could leave it and pay $25 a month for it, or he could have it removed entirely. If he needs it reinstalled at a future date, he would have to pay the full cost.
Allen said he had sent the city a signed letter confirming he wants it removed.
Cliff Cole, Edgerton, came forward to speak to council about concerns with storm water runoff from the industrial facilities north of his property. Cole lives just south of 199th Street.
He shared photos of his property and described the flooding he and his neighbors experienced in August. That night, flooding occurred all around the area due to torrential rains.
Cole said he and his neighbors have been there 20 years and had never seen water rise that high. Water was eight feet deep over his driveway.
But Cole says it doesn’t take heavy rains to see an increase of storm water.
“I went seven years without water coming up over my banks – seven years. The other day we had about an inch and a half of rain, and it was almost out of its banks then. And it’s just because you’re having all that water that’s coming down there,” said Cole.
He said that he thinks when considering developments and storm water runoff, more attention needs to be paid to who is affected further downstream.
Cole said he knows it is the planning commission that reviews development plans, and he will be at the next commission meeting, but he wants council to remember this when approving projects.

Also discussed
• council canceled their regularly scheduled meeting on Nov 23
• council approved a data sharing agreement with Water District 7
• city administrator reviewed year to date financials
• city administrator says after starting with 40 insurance claims for flood damage, they are now down to 4 remaining to be settled.
• in the consent agenda, council approved year end bonuses for employees
• council allocated $1800 to United Community Services for the Human Service Fund