City Council Meeting Agenda  September 23, 2024 6:00 p.m.  Mayor:  Carolyn Caiharr Michael Moulin  Councilmember: Camila Adcox Please stand for the Pledge of Allegiance  Mark Bishop Margaret Shriver  Garrett Mellott  Call the meeting to order and consideration of the agenda 1. Consider approval of consent agenda items  Consent Agenda Items  a. Approve the minutes of the regular council meeting of August 26, 2024. b. Statement of Bills Paid in the amount of $292,177.38  2. Requests or Comments from the public  (As a courtesy to your fellow citizens, please try to limit your comments to three minutes) 3. Governing Body discussion on ordinance language objectives specific to the keeping of  small animals and chickens in certain zoning districts in the city.  Action: No formal action.  4. Consider Ordinance 1076, an ordinance amending Chapter 12, Local Traffic Regulations, by amending section 12.03.122(J) and repealing existing section 12.03.122 (J). Action: Entertain a motion and second to accept, deny, or table the item. 5. Consider a motion to recess into Executive Session pursuant to K.S.A. 75-4319(b)(2) for consultation with the city attorney, a consultation deemed privileged in the attorney-client Action: Entertain a motion describing the subject(s) to be discussed, its justification, and the time and place at which the meeting shall resume. Requires a second to accept, deny,  relationship. or table the item. 6. City Manager Report  A. Update on the Edwardsville TA Trail and Sidewalk Project  7. Council and Mayor Comments  *Meetings of the City Council are recorded fort the purposes of online viewing through the City's website and: social media outlets*    CITY  City Council Meeting Minutes  August 26, 2024 6:00 p.m.  VILLE Mayor:  Carolyn Caiharr Michael Moulin Mark Mathies Tim Whitham  Councimembers: Camila Adcox  Garrett Mellott Margaret Shriver Chantal Frierson  Mark Bishop Doug Gerber  Staff:  Please stand for the Pledge of Allegiance  Call the meeting to order and consideration of the agenda  Consent Agenda Items  1. Consider approval of consent agenda items  a. b. C. d.  Approve the minutes of the regular council meeting of August 26, 2024 Approve the minutes of the Special Council meeting of August 28, 2024 Approve a Special Event permit application from Fastenal for a BK5K Run/Walk to Motion: Councimember Shriver made the motion to approve Consent Agenda  take place as part of Edwardsville Autumn Fest 2024. Statement of Bills Paid in the amount of $266,113.30 Second: Councimember Adcox seconded the motion.  Vote: Passes, 5-0  2. Requests or Comments from the public  a. Brody Morgan-303 S gth Street. Broady has brought in copies of codes from  surrounding cities for Council to review.  3. Conduct a public hearing to consider exceeding the revenue neutral rate (RNR) developed by Wyandotte County for the Fiscal Year 2025 Annual Budget.  Motion: Councimember Adcox made the motion to open the public hearing.  Second: Councimember Shriver seconded the motion.  Vote: Passes, 5-0  No comments from the public.  Motion: Councilmember Shriver made the motion to close the public hearing.  Second: Councimember Adcox seconded the motion.  Vote: Passes, 5-0  Meeting Minutes, for September 9, 2024  1    4. Consider Resolution 2024-11, a resolution stating the Governing Body's intent to levy Assistant City Manager Doug Gerber gave a brief description of Resolution 2024-11.  a property tax rate exceeding the Revenue Neutral Rate.  Discussion ensued.  Motion: Councilmember Bishop made the motion to approve Resolution 2024-11,a resolution stating the Governing Body's intent to levy a property tax rate exceeding  the Revenue Neutral Rate. Vote: Passes, 5-0  Second: Councimember Mellott seconded the motion.  5. Conduct a public hearing regarding the Fiscal Year 2025 Annual Budget  Motion: Councimember Shriver made the motion to open the Public Hearing.  Second: Councimember Adcox seconded the motion.  Vote: Passes, 5-0  No one was present for comments or questions.  Motion: Councimember Shriver made the motion to close the Public Hearing.  Second: Councimember Adcox seconded the motion.  Vote: Passes, 5-0  6. Consider certifying the Fiscal Year 2025 Annual Budget  Assistant City Manager Doug Gerber gave a brief overview of the budget presented to  Council. Discussion ensued.  Motion: Councimember Shriver made the motion to approve the 2025 Annual  Budget  Second: Councimember Adcox seconded the motion. Vote: Passes, 5-1 (Mayor included, Meliott voted no.)  6B. Item added to the agenda as 6B due to finding out about the construction on the way to the meeting tonight. The issue that was noticed was at the Scannell  property in Bonner Springs in our Right of Way.  Motion: Councimember Mellott made the motion to approve to open this up for  discussion. Vote: Passes, 5-0 Discussion ensued  Second: Councimember Shriver seconded the motion.  Motion: Councilmember Bishop made the motion to have the City Manager and  City Attorney get to work on this. Vote: Passes, 5-0  Second: Councimember Shriver seconded the motion.  Meeting Minutes for September 9, 2024  2    Discussion ensued regarding if there is a permit for this property.  On behalf of the City Council, City Attorney Joshua Ney, formulated a motion requesting the City Council authorize city staff to investigate possible violation(s) of city code relative to construction or excavation activities occurring in the city's right-of-way in the general location of  110th Street south of Riverview.  Motion: Councimember Bishop made the motion as stated by the city attorney.  Second: Councimember Shriver seconded the motion.  Vote: Passes, 5-0  7. City Manager Report  CM Mark Mathies had no further comments. 8. Council and Mayor Comments Councimember Moulin thanked staff for the budget. Kansas Ave has become a speedway.  Councimember Bishop asked that Mr. Brody's ordinances be entered into record. He stated that Councimember Mellott explained why he voted no on the budget. He complimented all the work done at the city park. He does feel that removing the 3 firefighters and 1 police officer out of the Councimember Shriver asked about the marquee signage. She feels we have lots of events coming up that would be great to advertise on a new sign. She asked if Speaker Rd was a residential street. There have been big trucks moving along that street. She asked if we could put "no trucks allowed" signs up. She asked when the next big item pick up is. She asked if we utilize  budget is concerning. He is worried about losing employees due to pay.  the school to help spread the word for upcoming events. Councilmember Adcox has no comments.  Mayor Caiharr made the announcement that working with Mayor Garner BPU will be removing the pilot fees. She will be working with the City Attorney to create a Franchise Agreement with Edwardsville and BPU. She wanted to remind everyone about the Mobile Pantry registration deadline is Sept. 11, 2024. She told Brody that we are working on the ordinances with the chickens and to keep taking care of his chickens while we work through this. She told the residents to watch for upcoming information regarding the city facilities at AutumnFest and other events to make  everyone more aware.  ADJOURNMENT Chantal Frierson City Clerk  The meeting was adjourned at 7:18 p.m.  Due to this being a brief summary of this meeting if you would like to hear the full meeting tonight, please visit our website at edwardsVileks.ory.  Meeting Minutes for September 9, 2024  3    QM BVody MoYANA ag 14 Ond  livu oct 503S36 across fyom tW  wibr yhrd,  wont 1o ask yu Considlc allowin  AuE yord hens h Edwarkvilk 6y lven kess Fhan An OLE ust u BanntSprins SBuskrShAwpu, ongansyic Merrian Dlafke Dvtrland Pork, Pvairic MAllayl LehtraMislan  CKAnd KCMo  Wnknovingly WAVE bin YAising3  hlns in yy backyard Bx Anost 2 Veavs VANL Powcld_hy hort Ohd Sowiht  tWma  we Ms own Molty 0y MLOE  nuds and my pwnt   nl. They Ark AWET!  Ap FW owt Dt Endocurt E - Qv Outside with thm. Ves RV in SMoW yainyor  L -  Kup Their OWIA CRan .  youe GIgnatws OA  nighbrs  Stociins thy dont Mild   nave  Chidcens. Dhly DML ntighbor Can luen  Se fhm Tron his Sard.  Cpa  eaSL Rep Them Oind, Pay  a bnk Mong witn fmwnily Seric iPase Coasider ard mank YkE Ay,Vbur Tn  br Violans Eb, codes?    -        ITEM# #1B  TO: FROM: DATE:  MAYOR & CITY COUNCIL SEPTEMBER 23, 2024  MEDHAT MAKEEN, THE ACCOUNTING MANAGER  SUBJECT: STATEMENT OF BILLS PAID  FOR YOUR REVIEW  Review the statement of bills paid for the reported period from SEPTEMBER 6TH,  2024 to SEPTEMBER 19TH, 2024 RECOMMENDATION $292,177.38  City Council to approve the Statement of Bills Paid as submitted in the amount of  FINANCIAL IMPACT  The total of the Statement of Bills is as follows:  General Cash Bond Cemetery General Obligation Bond Pre-Authorized Payments Checks Pre-Authorized Payments EFTS Payroll Pre-Authorized Payments  $ 225,688.53 $ 7,800.00 $ $ 58,688.85 $ $ $ $ 292,177.38  Total    Check Register Report BANK: BANKI MIDWEST-CHECKING Vendor! Name 911 CUSTOM, LLC COMPANY COMPANY CINTAS CORP DIGITALALLY EVERGY FIRST-CITIZENS BANK& TRUSTCO GT DISTRIBUTORS INC INC JULIUSH KAAZ CONSTRUCTION CO LABORCHEX INC LEAGUE OF KANSAS MUNICIPALTIES GARRETTMELOTT METRO POLYGRAPHLLC MIDWEST TINTING NYPCPA, LLC OPTIV: SECURITYI INC MADISON POWELL REDISHRED KANSAS INC. SHAWNEEI MISSIONF FORD INC TALLMANAUTO AND BODY LLC THE HUMANE SOCIETY UNIFIED1 TREASURER BEVERLYS. MILLS CINTAS CORP CORPORATE HEALTH- KU MEDWEST CREATIVE CARNIVALS& EVNTS LLC DANIEL FLANDERS TONY GOODNOW LORID. HUTCHINSON KCD KC OISPOSAL, LLC KRAEMER ANDS SONS CONSTRUCTION NETSTANDARD INC PBJE PAINTING SHAWNEE COPY CENTER SMITHALOVELESS INC SUMNERONE VALERIE WOLF VOTHN MUSICI LLC WILDS SIDEA ANIMAL ADVENTURESI LL WORKSTEPS! INC% CONFLUENTHEALT  Date: 09/19/2024 Time: 12:58 pm Page: Amount 4,687.89 322.50 9,897.50 162.28 245.00 298.63 470.86 140,19 757.70 1,175.00 100,947.50 105.16 150.00 59.63 250.00 499.50 1,593.75 124.50 950.00 100.97 583.57 11,607.42 320.00 34,039.70 16.00 372.02 71.90 107.00 1,250.00 1,500.00 300.00 300.00 20,753.19 10,534.04 770,50 10,810.00 214.09 2,455.36 795.18 400.00 4,000.00 1,250.00 300.00 225,688.53 225,688.53  City ofEdwardsville Number Date BANKI MIDWEST-CHECKING Checks 156098 09/12/24 Printed 156099 09/12/24 Printed 156100 09/12/24 Printed 156101 09/12/24 Printed 156102 09/12/24 Printed 156103 09/12/24 Printed 156104 09/12/24 Printed 156105 09/12/24 Printed 156106 09/12/24 Printed 156107 09/12/24 Printed 156108 09/12/24 Printed 156109 09/12/24 Printed 156110 09/12/24 Printed 156111 09/12/24 Printed 156112 09/12/24 Printed 156113 09/12/24 Printed 156114 09/12/24 Printed 156115 09/12/24 Printed 156116 09/12/24 Printed 156117 09/12/24 Printed 156118 09/12/24 Printed 156119 09/12/24 Printed 156120 09/12/24 Printed 156121 09/12/24 Printed 156122 09/19/24 Printed 156123 09/19/24 Printed 156124 09/19/24 Printed 156125 09/19/24 Printed 156126 09/19/24 Printed 156127 09/19/24 Printed 156128 09/19/24 Printed 156129 09/19/24 Printed 156130 09/19/24 Printed 156131 09/19/24 Printed 156132 09/19/24 Printed 156133 09/19/24 Printed 156134 09/19/24 Printed 156135 09/19/24 Printed 156136 09/19/24 Printed 156137 09/19/24 Printed 156138 09/19/24 Printed 156139 09/19/24 Printed 156140 09/19/24 Printed  Check Check Status Void/Stop Reconcile Vendor  Check! Description CHIEF EXPLORER  Date Date Number  NI04 BH01 BHO1 CI26 DI22 KCPL LUO3 GT01 JA01 JI01 JU03 LA34 LE01 ME45 ME31 MI67 NY01 FI20 PO43 PR35 SH36 TA14 TH14 UN21 MI10 CI26 CO05 CO63 CR23 DA40 GO23 HU23 KC21 KR12 NE35 PB01 SH22 SM18 UN18 AB08 V007 WI53 WO10 Total Checks: 43 Total Payments: 43  BRUNGARDTH HONOMICHL& ONCALLSERVICES BRUNGARDT HONOMICHL& PROFESSIONAL: SERVICES 8/11-9/7  PUBLIC WORKS JANITORIAL SUPPLY FVHD/DVR WIE EXT BATTERY COVER CITY EVERGY BILL IPOFFICE! 500 HOLSTER/ AND1 TIE 104TH ST SIDEWALKI PROJECT BACKGROUND CHECK- TINBERG CODEE ENFORCEMENT TRAINING MILAGE1 REIMURSEMENT POLYGRAPH- PARISI TINT WORK ON2 2018 FORD TAURUS IRS AUDITA AND: SOFTWARE IMP 3YEAR KEY FOB1 TOKENS) X2 DESIGN SERVICES CITY HALL SECURE SHRED CsO TRUCK- REPLACEDI RADIO HAIL DAMAGE REPAIR ANIMAL IMPOUNDI FEESA AUG 2024 AUG 2024 SEWER: SERVICES COURT CLERK NAMEPLATE CITY. JANITORIAL: SUPPLIES PRE EMPLOYMENT TESTING BOUNCE! HOUSES DJS SERVICES BALLOON GLOW BALLOON GLOW RESIDENTIAL TRASH SERVICE MANHOLE REPAIRS PROOFPOINT, 365 MONTHLY FEES CITY PAINTING SERVICES PERSONNEL- ACTION REQUEST PUMP STATION PARTS CITY PRINTERI FEES FACEPAINTING BAND PERFORMANCE PETTING ZOO PRE EMPLOYMENT PHYSICAL Checks Total (excluding' void checks): Bank Total (excluding void checks):  JACKSON SERVICE CENTER PDV VEHICLE REPAIRS JIMSI LOCK& SAFE SERVICE CITYI HALLLOCKI REPAIR  COLEMANI EQUIPMENT, INC EQUIPMENT REPAIR: SUPPLIES    Check Register Report BANK: BANKN MIDWEST CASHE BOND Vendor Name MICHAEL BACKMAN CITY OFE EDWARDSVILLE, KANSAS CHRISTOPHERI FRANDEN NICOLEL LGESSNER ABBIE GREELEY CITY OF EDWARDSVILLE, KANSAS ENRIQUE! HERVEY  Date: 09/19/2024 Time: 12:58 pm Page: 2 Amount 1,000.00 4,005.00 500.00 295.00 1,000.00 500.00 500.00 7,800.00 7,800.00  Cityo ofEdwardsvile Number Date BANKI MIDWESTO CASHI BOND Checks 2092 09/12/24 Printed 2093 09/12/24 Printed 2094 09/12/24 Printed 2095 09/12/24 Printed 2096 09/12/24 Printed 2097 09/19/24 Printed 2098 09/19/24 Printed  Check Check Status Void/Stop Reconcile Vendor  Check Description  Date Date Number  BA67 C119 FR27 GE10 GR40 CI19 HE50 Total Checks: 7 Total Payments: 7  BONDI REFUNDED TICKET# #8 89133 BONDA APPLIED TICKET #8 85065 BONDI REFUNDED' TICKET#8 84897 BONDI REFUNDED TICKET#89308 BOND REFUNDED TICKET# #8 86354 BONDI FORFIETURE TICKET# #78798 BONDI REFUNDED' TICKET#49607 Checks Total (excluding' void checks): Bank Total (excluding void checks):    Check Register Report BANK: BANKMIDWEST-GO BONDS Vendor Name KANSAS CITYT TENT& AWNING CO FINKLE&V WILLIAMS ARCHITECTURE JR&CO  Date: 09/19/2024 Time: 12:58, pm Page: 3 Amount 1,900.00 14,461.35 42,327.50 58,688.85 58,688.85 292,177.38  City ofEdwardsvile Number Date BANKMIDWESTGO BONDS Checks 1822 09/12/24 Printed 1823 09/19/24 Printed 1824 09/19/24 Printed  Check Check Status Void/Stop Reconcile Vendor  Check Description FABRIC DOOR AWNINGS EDWARDSVILLE TOWNE CENTER FIREA ANDF PDROOF REPAIRS Checks Total (excluding void checks): Bank Total (excluding' void checks): Grand' Total (excluding void checks):  Date Date  Number KA69 FI40 JRO1 Total Checks: 3 Total Payments: 3 Totall Payments: 53        ITEM #3  TO: MAYOR & CITY COUNCIL FROM: MARK M. MATHIES, CITY MANAGER  DATE: 09/23/2024  SUBJECT: GOVERNING BODY DISCUSSION ON THE KEEPING OF CERTAIN  ANIMALS.  RECOMMENDATION  The Governing Body to provide guidance on the desired language and intended outcome of code changes specific to the keeping of certain small animals and chickens in residential districts.  FINANCIAL IMPACT  Staff recommends a $10.00 permit fee added should the council adopt permitting regulations specific to small animals and chickens in residential districts.  BACKGROUND  The keeping of poultry is governed by city zoning regulations. Currently, poultryi is allowed in the Rural Residential District (R-1) and Residential Developed-No Sewer District (RD- NS), as these zoning classifications are indicated for lot sizes of 1 acre or more. The keeping of poultry is prohibited within all other residential zoned areas (RD-S, R-2, and R-3), which generally have smaller lot sizes and homes are within closer proximity to one From time to time, circumstances warrant consideration of variances from certain city regulations; however, there is no discretionary mechanism from which to act. Such is the case related to the keeping of chickens and other small animals within the residential zoned areas of the community. The current zoning regulations offer no alternatives or discretion for the city in determining whether to allow the keeping of chickens or other smaller animals in otherwise restrictive areas. Thus, to consider authorizing the keeping of chickens and other animals in these prohibited zones, an amendment to the city code Staff research revealed that for many communities, these conditions, particularly with poultry and other smaller domestic animals, are regulated through permitting. This appears an effective mechanism for ensuring the animals are property sheltered, cared for, and not creating a nuisance. Should a complaint be logged or conditions change, the city retains the authority to take immediate intervention actions should the situation Included with this background memorandum are excerpts from the City Code and a draft In closing, staff requests Council guidance as to the desired language and intended outcome of code changes specific to the keeping of certain small animals and chickens  another.  isn necessary.  warrant.  Ordinance that details regulations common to these conditions.  inr residential districts    ORDINANCE NO. DRAFT  AN ORDINANCE AMENDING THE CODE OF THE CITY OF EDWARDSVILLE, KANSAS ("CODE"), CHAPTER2, ANIMAL CONTROL, ARTICLE 2.04, OTHER ANIMALS, AND REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT  WITHTHE PROVISIONS OF THIS ORDINANCE.  WHEREAS, the city previously adopted the Code of the City of Edwardsville to include WHEREAS, the City Council desires to amend Chapter 2, Animal Control, Article 2.04, Other Animals, of the Code by adding Article 2.04.004, Keeping of Certain Animals; Permit  Chapter 2, Animal Control.  Required, and. Article: 2.04.005, Limitations for the Keeping Certain Animals.  NOW, THEREFORE, BE: IT ORDAINED BY' THE GOVERNING BODY OF THE Section 1. The Edwardsville City Code Chapter 2, Animal Control. Article 2.04 Other  CITY OF EDWARDSVILLE, KANSAS:  Animals, is hereby amended, added, or replaced with the following: $2.04.004 KEEPING OF CERTAIN. ANIMALS: PERMIT REQUIRED 1) Itshall be unlawful for any person tol keep or maintain any chickens, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants, and other birds or animals raised and maintained in continement or any pen for the same within the city in any area zoned Residential (R-1, RD-NS, RD-S, R-2, R-3) without first obtaining aj permit to do so from 2) Aj permit shall be issued after an inspection of the premises and only upon favorable determination of adequate enclosures, lot size, setback distances from other premises, and overall manner and conditions in which the animals will bel kept sO as to not constitute a 3) Upon complaint, the premise shall be reinspected, and should the permit holder refuse 4) Permits issued under this section shall be renewed once every three (3) years and are not 5) The city may revoke any permit issued under this ordinance if the person holding the permit refuses or fails to comply with any provision ofthis ordinance. Upon revocation, animals kept or harbored by such person shall be humanely disposed of or placed in a  the Office of the City Clerk.  nuisance.  such inspection, the issued permit shall be forfeited.  transferable.  suitable home or animal shelter.  Ordinance No. 1075 September 23, 2024 Page 1of3    $2.04.005 LIMITATION FOR' THE KEEPING OF CERTAIN ANIMALS: 1) Only three (3) ofany chickens, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants, and other birds or animals may be kept upon any permitted property. 2) Noisy animals, as per $2.01.014, including Roosters, are prohibited.  3) Except for homing pigeons, animals permitted under this section shall not run or fly at 4) Its shall be unlawful for any person to keep or maintain any chicken coop, dovecote, rabbit hutch, or another yard establishment for the housing of fowl or small animals closer than twenty-five (25) feet to the nearest portion of any building occupied by or in anywise used by human beings, other than the dwelling occupied by the owner or keeper oft the animals or fowl, or closer than ten (10) feet to the property line oft the lot. 5) Animal manure shall be removed, stored, or disposed ofi in such a manner as to prevent 6) Every coop, dovecote, rabbit hutch, or other yard establishment shall be kept sO that no offensive, disagreeable, or noxious smell or odor shall arise therefrom to the injury, annoyance, ori inconvenience of any inhabitants oft the neighborhood. 7) Any structure permitted under this section wherein. animals are to bel kept shall be maintained in a clean and sanitary condition, devoid of all rodents and vermin, and constructed in such ai manner: as to adequately confine and house the animal(s) and ensure 8) Any person maintaining aj permitted animal structure under this section hereby authorizes the animal control officer right of entry to collect any animal whose presence thereupon isav violation oft this chapter or1 to at any time inspect any such structure or premises and issue any such order as may be neçessary to carry out the provisions ofthis section. Section 2. All other ordinances or parts of ordinances in conflict with the provisions of this Section 3. A $10.00 permit fee is added as Section (g) of Article A2.001 of Appendix A. Section 4. This Ordinance shall take effect and be in force from and after its passage and  large.  attracting flies or the spread of disease.  the inside is dry at all times.  ordinance shall be and are hereby repealed.  publication as required by law.  Ordinance No. 1075 September 23, 2024 Page 3of3    PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF  EDWARDSVILLE, KANSASONTHIS 23rd DAY OF SEPTEMBER 2024.  Carolyn Caiharr, Mayor  ATTEST:  Chantal Frierson, City Clerk APPROVED AST TO FORM:  Joshua Ney, City Attorney  Ordinance. No. 1075 September 23,2024 Page3of3    City of Edwardsville, KS $2.04.001  $2.04.001  ARTICLE 2.04 OTHER ANIMALS  $2.04.001. Exotic animals.  (a) Itshall be unlawful for any person, firm or corporation to] keep, maintain or have in his or her possession or under his or her control within the city any poisonous reptile or any other dangerous wild animal or reptile, or any other animal or reptile ofwild, vicious, or dangerous (b) Itshall be unlawful for any person, firm or corporation tol keep, maintain or have in his or her ori its possession or under his or! her or: its control within the city any oft the following animals:  propensities.  (1) All poisonous animals, including rear-fang snakes. (2) Apes: chimpanzees, gibbons, gorillas, orangutans, and saimangs.  (3) Baboons. (4) Badgers. (5) Bears. (6) Bison. (7) Bobcats. (8) Cheetahs.  (9) Crocodilians, 300in length or more. (10) Constrictor snakes, six (6) feet in length or more.  (11) Coyotes.  (12) Deer; includes all members of the deer family, for example, white-tailed deer, elk,  antelope and moose. (13) Elephants. (15) Hippopotami. (16) Hyenas. (17) àguars. (18) Leopards. (19) Lions. (20) Lynxes.  (14) Game cocks and other fighting birds.  Downloaded: from! pe/ealdeoDa3s on2 2024-09-20    City ofEdwardsville, KS $2.04.001  $2.04.003  (21). Monkeys. (22) Ostriches. (24) Raccoons. (25) Rhinoceroses. (26) Skunks. (27) Tigers. (28) Wolves.  (23) Pumas, also known as cougars, mountain lions and panthers.  (c) The prohibitions of this section shall not apply to bona fide pet shops, ZOOS, circuses, (1) Their location conforms to the provisions of the zoning ordinance of the city; (2) All animals and animal quarters are kept in a clean and sanitary condition and are (3) Animals are: maintained in quarters sO constructed as toj prevent their escape. (d) The municipal judge shall have the authority to order any animal deemed vicious confined, (e) Any person, firm, or corporation keeping, maintaining or having in his, her, or its control within the city any of the animals listed in this section shall have thirty days from the (2005 Code, sec. 2-301; Ordinance 864 adopted 2/11/08; Ordinance 879, sec. 1, adopted 1/26/08) Each applicant for an annual permit, provided for under Ordinance No. 738, tol keep and maintain livestock upon property zoned as R-1 under the cityls zoning regulations shall submit along with the completed permit application an administrative fee as provided for in the fee schedule found int the appendix of this code. No annual permit shall be issued by the city without full payment of  carnivals, educational institutions, or medical institutions, if:  maintained sO as to eliminate objectionable odors;  destroyed or removed from the city.  effective date of this section in which to comply with this section.  $2.04.002. Fee for permit to keep livestock in R-1 zone.  such fee.  (Ordinance 936, sec. 1, adopted 6/23/14)  $2.04.003. Private and commercial animal lots and stables.  Private and commercial animal lots or stables may be allowed in the agriculure/residenta. district  as defined by the city zoning ordinance, subject to the following standards:  (1) Standards for private animal lots and stables.  (A) The minimum lot area for a private animal lot and/or private stable/barn shall be two and one-half (2-1/2) acres. In no case shall more than one (1) animal be kept for each  Downloaded from pe/ealso.comtDas on2 2024-09-20    City ofEdwardsville, KS $2.04.003  $2.04.003  acre of land available for grazing (excludes property used for structures and other (B) If animals are kept inside a building, then one (1) sheltered stall shall be provided for each animal. A box stall shall be a minimum oft ten (10) feet by ten (10): feet. (C) Stables, corrals, and piles of manure, feed, and bedding shall be located at least fifty (50) feet from any street or lot line and atl least one. hundred (100) feet from any adjacent existing residence. Pasture: may extend to thel lot line so long as runoffi is controlled from (D) Livestock shall be individually owned and shall not generally be for sale to others.  nonagricultural uses).  entering onto an adjacent lot or tract.  Boarding of other individually owned livestock is permitted.  (2) Standards for commercial animal lots and stables.  (A) The minimum lot size for a commercial animal lot or stable/barn shall be five acres, or one acre for each animal, whichever is greater. Ifanimals are maintained on pasture as their primary source of feed, then in no case shall more than one (1) animal be kept for each acre of land available for grazing (excludes property used for structures and other nonagricultural uses). If animals are kept inside a building at all times (excluding exercise), then the maximum number of animals permitted shall be limited to the building capacity to house, show, and ride said horses, but in no case shall the number ofanimals exceed two (2) for each acre ofland available for grazing (excludes property used for structures and other nonagricultural uses). A stall shall be provided for each animal and each stall shall be a minimum often (10) feet by ten (10) feet. (B) Stables, corrals, and piles of manure, feed, and bedding shall be located at least fifty (50) feet from any street or lot line and at least onel hundred(100): feet from any adjacent existing residence. Pasture: may extend to the lot line so long as runoffis controlled from  entering onto an adjacent lot or tract.  (C) Livestock may be boarded for ai fee and may be held for sale to others.  (Ordinance 870 adopted 7/14/08)  Downloadedi from! peadauDas on2 2024-09-20    City ofEdwardsville, KS  $14.06.101. Established.  For the purpose of these regulations, the city is hereby divided into twelve (12) districts, designated as follows: Agrieulnura/Residential District (AG/R); Rural Residential (R-1); Residential Developed Without Sewers (RD-NS); Residential Developed With Sewers (RD-WS); Medium Density Residential (R-2); High Density Residential (R-3); Neighborhood Commercial (C-1); Commercial Retail (C-2); General Commercial (C-3); Industrial Non-Hazard (-1);  Industrial Hazard (I-2); and Planned Unit Development (PUD). $1 14.06.102. Agriculura/kesidental District (AG/R).  (Ordinance 963, att. A, adopted 5/9/16)  (a) Intent. Thei intent oft the Agrieulural/Residemial District (AG/R) is to provide for large lot (5-acre or larger) residential development and agricultural uses within ai rural atmosphere/  environment. (b) Uses.  (1) Permitted uses.Permitted uses in the. Agnculura/Residental District (AG/R) are listed (2) Permitted accessory uses.Accessory uses normally appurtenant to a permitted use: in the AgriceulumalResidential District (AG/R.) shalll be permitted when established within the space limits ofthis district, other applicable codes [and] associated with an already established permitted use. Such uses may include but are not limited to: agricultural support, home occupations, personal vehicle parking/storage. (3) Specialuses.Special uses are listed in the land use schedule in section 14.06.114.. After the provisions oft the regulations relating to the special use permit process have been fulfilled the city council may permit special uses identified int the land use schedule in the AgriceulumralResidental District (AG/R) on properties meeting or exceeding the (4) Prohibited uses.All other uses which are not specifically permitted or not permissible as special uses shall bej prohibited from the. Agriculnural/Residential District (AG/R). (1) Lotsize requirements.Thei minimum lot area shall be five (5) acres. With a minimum lot width oft twol hundred fifty (250) feet at the front property line and ai maximum lot (2) Loto coverage.Maximum lot coverage, building and impervious surface area, is ten (10) (3) Setback/yard area.Minimum setback distances in the AG/R District are:  int the land use schedule in section 14.06.114.  minimum requirements for lot size of five (5) acres.  (c) Lotlyard/structure requirements.  depth oft three and one-half (3.5) times the front lot width.  percent of the total area of the lot. (A) Front yard: Sixty (60) feet. (B) Rear yard: Fifty (50) feet.  Downloadedi from pulsaeoDs3s on2 2024-09-20    City ofBdwardsville, KS $14.06.102  $14.06.103  (C) Side yard: Not less than thirty (30) percent of the front lot width. (4) Height,Maximum structure height is thirty-five (35) feet.  (5) PrimaryStructures: The minimum floor area of the primary structure exclusive of basements, open or screened porches and garages, shall not be less than twelve (6) AtserysnstrsDamahad accessory structures may be constructed: not closer than twenty-five (25): feet from any property line and a side yard not less than ten (10) percent oft the front lot width or ten (10) feet, whichever is greater. Barns or stables shall be located a minimum of one hundred (100) feet from any residential building. The aggregate square footage ofa all accessory structures shall not exceed 10,000 square feet per property on property of five (5) acres orl larger. Onj private properties smaller than 5 acres a single-family dwelling must be established on the property prior to or concurrent with any proposed accessory structure being permitted and the aggregate square footage of such accessory structures cannot exceed 4% oft thej property aread or 4 times the size of the single-family dwelling, whichever is smaller.  hundred and eighty (1,280) square feet.  (Ordinance 963, att. A, adopted 5/9/16) $14.06.103. Rural Residential District (R-1).  (a) Intent. Thei intent of the Rural Residential District (R-1) is to provide for low density (3 acres or larger): residential use together with certain prescribed compatible uses that are  developed in a manner that reflects al rural feel or character.  (b) Uses.  (1) Permite.nse.Pemited uses in the Rural Residential District (R-1) are listed in the land use schedule in section 14.06.114. The following uses shalll bel limited toj property meeting or exceeding the minimum requirements for lot size oft three (3) acres, unless (A) Keeping of livestock and poultry per the following requirements and other (i) Property owners may keep livestock as part of a school-sponsored 4-H (ii) Property owners may keep up to one equine (horse, mule or donkey) per acre (in) Property owners may keep domesticated poultry for the purpose of supplying food for those living on thej property (on properties of one (1) acre or larger).  otherwise noted below:  applicable animal control/care regulations:  project.  upon a parcel or lot.  (2) Permitted accessory uses.Accessory uses normally appurtenant to thej permitted uses shall be permitted in the Rural Residential District (R-1) when established within the space limits oft this district, other applicable codes and associated with an already established permitted use. Such uses may include but are: not limited to: agricultural  support, home occupations, personal vehicle parking/storage.  Downloaded: from! p/dde0omEDa8 on2 2024-09-20    City ofEdwardsville, KS $14.06.103  $14.06.104  (3) Special uses.Special uses permitted in the Rural Residential District (R-1) are listed on the land use schedule in section 14.06.114.. After the provisions oft these regulations relating to the special use permit process have been fulfilled the city council may permit special uses from thel land use schedule in the Rural Residential District (R-1) onj properties meeting or exceeding the minimum requirements for lot size oft three (3) (4) Prohibited uses.All other uses which are. not specifically permitted or not permissible as special uses shall be prohibited from thel Rural Residential District (R-1).  acres.  (c) labyanstrasuirmse.  (1) Lot size requirements. The minimum lot area shall be three (3) acres. With a minimum lot width oft two hundred ten (210) feet at the front property line and ai maximum lot (2) Lot coverage.Maximum lot coverage, building and impervious surface, is ten (10) (3) Setback/yard area.Minimum setback distances in the R-1 District are:  depth oft three (3.0) times the front lot width. percent of the total area ofthel lot. (A) Front yard: Fifty (50): feet. (B) Rear yard: Fifty (50): feet.  (C) Side yard: Not less than ten (10) percent of the: front lot width. (4) Height.Maximum structure height is thirty-five (35): feet.  (5) Primary structures.. The minimum floor area oft the primary structure exclusive of basements, open or screened porches and garages, ofnot less than twelve hundred and (6) Accessory structures. Detached accessory structures may be constructed not closer than twenty-five (25) feet from any property line and a side yard not less than ten (10) percent oft the front lot width or ten (10) feet, whichever is greater. Barns or stables shalll be located a minimum of one hundred (100) feet from any residential building. The aggregate square footage ofa all such accessory structures shall not exceed. 5,000 square feet per property on property oft three (3) acres or larger. On private properties smaller than 3 acres a single-family dwelling must be established on the property: prior to or concurrent with any proposed accessory structure being permitted and the aggregate total square footage of all such accessory structures cannot exceed 2% of the property area or 21 times the size oft the single-family dwelling, whichever is smaller.  eighty (1,280) square feet.  (Ordinance 963, att. A, adopted 5/9/16)  $14.06.104. Residential Developed No Sewer District (RD-NS).  (a) Intent. The intent of the Rural Developed No Sewer District (RD-NS) is toj provide for low density (1 acre or larger) residential use areas together with certain prescribed compatible uses that are developed in a manner that does not require sanitary sewers or public improvements ofa suburban or urban nature north ofl Kaw Drive (K-32).  Downloaded from! y/ead2eomtDas on2 2024-09-20    Cityo of Edwardsville, KS $14.06.104 (b) Uses.  $ 14.06.104  (1) Permitted uses. Permitted uses in the Residential Developed! No Sewer District (RD- NS) are listed on the land use schedule in section 14.06.114. The following uses shall be limited toj property meeting or exceeding the minimum requirements for lot size of (A) Keeping of poultry per the following requirements and other applicable animal control/care regulations: Property owners may keep domesticated poultry for the purpose ofs supplying food for those living on the property (on properties ofone (1)  one (1) acre, unless otherwise noted:  acre or larger).  (2) Permitted accessory uses.Accessory uses normally appurtenant to the permitted uses shall bej permitted in the Residential Developed No Sewer District (RD-NS) when established within the space limits ofthis district, other applicable codes and associated with an already established permitted use. Such uses may include but are not limited to: home occupations, personal vehicle parking/storage. (3) Special uses.Special uses permitted in the Residential Developed No Sewer District (RD-NS) arel listed on the land use schedule in section 14.06.114. After the provisions ofthese regulations relating to special uses havel been fulfilled, the city council may permit as special uses in the Residential Developed No Sewer District (RD-NS) on properties meeting or exceeding the minimum acreage requirement of one (1) acre, (A) Bed & breakfast establishments (on properties of three (3) acres or larger). (4) Prohibited uses.All other uses which are: not specifically permitted or not permissible as special uses shall be prohibited from the Residential Developed! No Sewer District  unless otherwise noted:  (RD-NS).  (c) Lotlyardstructure: requirements.  (1) Lotsizer requirements.1 The minimum lot area shall be one (1) acre. With a minimum lot width of one hundred fifty (150) feet at the front property line and a maximum lot (2) Loto coverage.Maximum lot coverage, building and impervious surface, is twenty-five (3) Setback/yard area.Minimum setback distances in the RD-NS district are:  depth oft three (3.0) times the front lot width. (25) percent oft the total area oft the lot. (A) Front yard: Twenty-five (25) feet. (B) Rear yard: Twenty-five (25) feet. (C) Side yard: Twenty-five (25) feet.  (4) Height.Maximum structure height is thirty-five (35) feet.  (5) Primary structure.The minimum floor area of the primary structure exclusive of basements, open or screened porches and garages, ofnot less than twelve hundred and  Downloaded from peleae.comDas on2 2024-09-20    City ofE Edwardsville, KS $14.06.104  $ 14.06.105  eighty( (1,280) square feet.  (6) Accessory structures. Detached accessory structures may be constructed not closer than twenty-five (25) feet from any property line and a side yard not less than ten (10) percent of the: front lot width or ten (10) feet, whichever is greater. Accessory structures must be associated with an established primary structure/use and cannot be placed in the front yard. The aggregate square footage ofa all such accessory structures shall not exceed 1,500 square feet per property on property ofone (1) acre orl larger. Onj private properties smaller than 1 acre the aggregate total square footage ofall such accessory structures cannot exceed 2% oft the property area or 2 times the size oft the  single-family dwelling, whichever iss smaller.  (Ordinance 963, att. A, adopted 5/9/16)  $1 14.06.105. Residential Developed Sewer District (RD-S).  (a) Intent.The intent of the Residential Developed Sewer District (RD-S) is to provide for low density (8,000 square feet or larger lot): residential use areas developed in a manner that  reflects a suburban character north of Kaw Drive (K-32).  (b) Uses.  (1) Permitted uses.Permitted uses in the Residential Developed Sewer District (RD-S) are listed on the land use schedule ins section 14.06.114. The following uses shall be limited to property meeting or exceeding the minimum requirements for lot size: (A) Multifamily dwellings - limited (duplexes, up to two (2) units per lot; townhouses/ (2) Permitted AcESOTYIESAtcesany uses normally appurtenant to the permitted uses shall be permitted in the Residential Developed Sewer District (RD-S) when established within the space limits oft this district, other applicable codes and associated with an already established permitted use. Such uses may include but are not limited to: home occupations, personal vehicle parking/storage. (3) Special uses.Special uses permitted in the Residential Developed Sewer District (RD- S) are listed on the land use schedule in section 14.06.114. After the provisions of these regulations relating to special uses have been fulfilled, the city council may permit special uses in the Residential Developed Sewer District (RD-S) on properties (4) Prohibited uses.All other uses which are not specifically permitted or not permissible as special uses shalll be prohibited from the Residential Developed Sewer District (RD-  townhomes, up to four (4) units per lot).  meeting or exceeding the minimum lot size requirements.  S).  (c) Lotlyard/structure requirements.  (1) Lots size requirements. The minimum lot area shall be eight thousand (8,000) square feet for the first dwelling unit. The minimum lot area per dwelling unit beyond the first unit shall be two thousand (2,000) square feet. With a minimum lot width ofs sixty (60)  feet at the front property line.  Downloaded from pu/sadeaomDaS: on2 2024-09-20    City of Edwardsville, KS $14.06.105  $14.06.106  (2) Lot coverage.Maximum lot coverage, building and impervious surface, is forty (40) Sethadbamlama.Miminmum setback distances in the RD-S District are:  percent oft the total area of the lot. (A) Front yard: Twenty-five (25) feet. (B) Rear yard: Twenty-five (25) feet.  (C) Side yard: Nine (9) feet; corner lot twenty-five feet (25) feet from all rights-of-way. (5) Primary structure." The minimum floor area of the primary structure exclusive of basements, open or screened porches and garages, of notl less than twelve hundred and eighty (1,280) square feet. Duplexes and townhomes cannot be less than nine hundred sixty (960) square feet per unit exclusive ofbasements, open or screened porches and (6) Accessory structures. Detached accessory structures may be constructed not closer than nine (9) feet to the rear property line. Accessory structures must be associated with an established primary structure/use and cannot be placed in the front yard nor have an aggregate total floor area that exceeds two hundred (200) square feet, or four hundred eighty (480) square when a single car detached garage with driveway access is located on the property, or six hundred forty (640) square feet when a detached 2+ car garage  (4) Height.Maximum structure height is thirty-five (35) feet.  garages.  with driveway access is located on the property.  (Ordinance 963, att.. A, adopted 5/9/16)  $14.06.106. Medium Density Residential District (R-2).  (a) Intent. The intent of the Medium Density Residential District (R-2) provides for established medium density (5,000 square foot or larger lot) residential use areas in a suburban or urban environment in south central Edwardsville and other locations where suitable infrastructure  (roads, utilities, etc.) is planned or provided.  (b) Uses.  (1) Permitted uses.Permitted uses in the Medium Density Residential District (R-2) are listed on the land use schedule in section 14.06.114. The following uses shall be limited toj property meeting or exceeding the minimum requirements for lot size: (A) Multifamily dwellings - limited (duplexes, up to two (2) units per lot; townhouses/ (2) Permitted ACCESOTVIRESAccesoy uses normally appurtenant to the permitted uses shall be permitted in the Medium Density Residential District (R-2) when established within the space limits of this district, other applicable codes and associated with an already established permitted use. Such uses may include but are: not limited to: home (3) Special uses.Special uses permitted in the Medium Density Residential District (R-2)  townhomes, up to four (4) units per lot).  occupations, personal vehicle parking/storage.  Downloaded: from pe/eaeeAoaVeDeys on2 2024-09-20    City of Edwardsville, KS $ 14.06.106  $14.06.107  arel listed on the land use schedule in section 14.06.114. After thej provisions of these regulations relating to special uses have been fulfilled, the city council may permit special uses in the Medium Density Residential District (R-2) on properties meeting or (4) Prohibited uses. All other uses which are: not specifically permitted or not permissible as special uses shall be prohibited from the Medium Density Residential District (R-2). (1) Lotsizer requirements. Thei minimum lot area shall be five thousand (5,000) square feet for the first dwelling unit. The minimum lot area per dwelling unit beyond the first unit shall be one thousand (1,000) square feet. The minimum lot width shalll be fifty (50) (2) Loto coverage.Maximum lot coverage, building and impervious surface, is fifty (50) (3) Selhasdandara.Minimum setback distances in the R-2 District are:  exceeding the minimum lot size requirements.  (c) Lotyard/structurel requirements.  feet.  percent oft the total area of the lot. (A) Front yard: Fifteen (15) feet. (B) Rear yard: Fifteen (15) feet.  (C) Side yard: Five (5) feet; corner lot fifteen (15) feet from all rights-of-way. (5) Primary structure.7 The minimum floor area of the primary structure exclusive of basements, open or screened porches and garages, ofr not less than five hundred (6) Accessorys structures.Detached accessory structures may be constructed not closer than nine (9) [feet] to the rear property line. Accessory structures must be associated with an established primary structure/use and cannot bej placed in the front yard nor have an aggregate total floor area that exceeds two hundred (200) square feet, or four hundred eighty (480) square [feet] when a single car detached garage with driveway access is located on the property, or six hundred forty (640) square feet when a detached 2+ car  (4) Height.Maximum structure height is thirty-five (35) feet.  seventy-five (575) square feet per unit.  garage with driveway access is located on the property.  (Ordinance 963, att. A, adopted 5/9/16)  $14.06.107. High Density Residential District (R-3).  (a) Intent.The intent of the High Density Residential District (R-3)i is toj provide for higher density residential uses in areas that are located along or in close proximity tol highway and arterial road corridors served with municipal water and sewer. All uses that require High Density Residential (R-3) zoning are subject to the architectural/site plan review process  outlined in section 14.06.0460) oft these regulations.  (b) Uses.  Downloaded: from! ap.lsaeomDa3s on? 2024-09-20    City ofEdwardsville, KS $14.06.107  S 14.06.107  (1) Permitted uses.Permitted uses in the High Density Residential District (R-3) are listed (2) Permitted accessory uses.Accessory uses normally appurtenant to the permitted uses shall be permitted in the High Density Residential District (R-3) when established within the space limits ofthis district, other applicable codes and associated with an already established permitted use. Such uses may include but are: notl limited to: home (3) Special uses.Special uses permitted in the High Density Residential District (R-3)are listed on the land use schedule in section 14.06.114. After the provisions of these regulations relating to special uses have been fulfilled, the city council may permit special uses in the High Density Residential District (R-3) on properties meeting or (4) Prohibited uses.All other uses which are not specifically permitted or not permissible as special uses shall be prohibited from thel High Density Residential District (R-3). (1) Lotsizerequirements The: minimum lot area shall be five thousand (5,000) square feet for the first two (2) dwelling units plus one thousand (1,000) square feet per dwelling unit after that, provided that for efficiency units the minimum lot area per dwelling unit shall be eight hundred (800) square feet. The minimum lot width shall be fifty (50) (2) Lotcoverage.Maximum lot coverage, building and impervious surface, is fifty (50) (3) Setback/yard area.Minimum setback distances in the R-3 district are:  on the land use schedule in section 14.06.114.  occupations, personal vehicle parking/storage.  exceeding the minimum lot size requirements.  (c) Lotlyard/structure requirements.  feet.  percent of the total area oft the lot. (A) Front yard: Fifteen (15): feet. (B) Rear yard: Fifteen (15) feet. (C) Side yard: Fifteen (15) feet.  (4) Height.Maximum structure height is fifty (50): feet.  (5) Primary structure.The minimum floor area of the primary structure exclusive of basements, open or screened porches and garages, ofnot less than four hundred ten (6) Accessorystructuructures.Detached accessory structures may be constructed not closer than nine (9) [feet] to the: rear property line. Accessory structures: must be associated with an established primary structure/use and cannot be placed in the front yard nor have an aggregate total floor area that exceeds two hundred (200) square feet, or four hundred eighty (480) square [feet] when a single car detached garage with driveway access is located on the property, or six hundred forty (640) square feet when a detached 2+ car  (410) square feet per unit.  garage with driveway access is located on the property.  (Ordinance 963, att. A, adopted 5/9/16) Downloaded: from p/eaOAoNVEDeys on2 2024-09-20    ITEM# #4  TO: MAYOR & CITY COUNCIL FROM: MARK M. MATHIES, CITY MANAGER  DATE: 09/23/2024 RECOMMENDATION  SUBJECT: CONSIDER ORDINANCE 1076 AMENDING THE CITY CODE  City Council to consider Ordinance No. 1076, an ordinance amending Chapter 12, Article 3, Division 4, Weight Limits, Section 12.03.122 Subsections () Exceptions, (1)(F)110th,  and (1) Riverview. FINANCIAL IMPACT Not applicable. BACKGROUND  Current city code allows vehicles over 12,000 pounds to operate on 110th Street from the north city limits to Kansas Avenue. Ordinance 1076 amends Subsection () (1)(F) of Section 12,.03.122 of the city code to prohibit vehicles over 12,000 pounds, with standard exceptions, from operating on 110th Street from Riverview to its southern terminus. Subsection () (1) (I) of Section 12,.03.122 of the city code currently prohibits vehicles over 12,000 pounds on Riverview: From the west city limits east to 98th (all)." There is no portion of Riverview west of110th Street within the Edwardsville city limits. Therefore, toc clarify the regulation, Ordinance 1076 amends the section to prohibit vehicles over 12,000 pounds from operating on Riverview from 110th Street east to 98th Street. Ino closing, should the City Council desire to prohibit vehicles over 12,000 pounds from operating on 110th Street upon any portion thereof and clarify the operation of vehicles over 12,000 pounds from 110th Street east on Riverview, staff recommends adopting  Ordinance 1076.    ORDINANCE NO.1076  AN ORDINANCE AMENDING THE CODE OF THE CITY OF EDWARDSVILLE, KANSAS ("CODE"), CHAPTER 12, LOCALTRAFFIC REGULATIONS, BY AMENDING SECTION 12.03.122(J), AND  REPEALING EXISTINGSECTION1Z.U.I220.  BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF Section 1. The Edwardsville City Code Chapter 12, Local Traffic Regulations, Section (a) No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles the total outside width of which, or any load thereon, exceeds the limitations as prescribed by K.S.A. 8-1902 or any amendments thereto, which are (b) No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles the load, height or length of which, including any load thereon, exceeds the limitations as prescribed by K.S.A. 8-1903 through 8-1905 or any amendments (c) No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination ofv vehicles unless the load is properly secured as prescribed by K.S.A.8-1906 or any amendments thereto, which are incorporated by reference as ifs set outi ini fulll herein. (d) No person, association, firm, partnership, or corporation shall use a motor vehicle or combination of vehicles to tow another vehicle unless proper connection and safety equipment are utilized as prescribed by K.S.A. 8-1907 or any amendments thereto, which (e) No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles the gross weight of which, as to wheel and axle load, exceeds the limitations as prescribed in K.S.A. 8-1908 or any amendments thereto, which are (f) No person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles the gross weight ofwhich exceeds the limitation as prescribed by K.S.A. 8-1909 or any amendments thereto, which are incorporated by reference as if set (g) Wheneverar policeofficer, upon weighing a vehicle or combination of vehicles, determines that the weight is unlawful, such officer may require the driver to stop the vehicle in a  EDWARDSVILLE, KANSAS:  12.03.1220), is hereby amended, added, or replaced with the following:  incorporated by reference as ifs set out in full herein.  thereto, which are incorporated by reference as if set out ini full herein.  are incorporated by reference asi ifs set out in full herein.  incorporated by reference as if set out in full herein.  out in full herein.  Ordinance No. 1076 September 23, 2024 Page 1of4    suitable place and for the vehicle to remain there until such portion oft the load is removed as may be necessary to reduce the gross weight ofs such vehicle or combination of vehicles or remove or redistribute the gross weight on any axle or tandem axles to such limits as permitted in this section. All material sO unloaded shall be cared for by the owner, lessee, or operator of such vehicle at the risk ofs such owner, lessee or operator. (h) Noj person, association, firm, partnership, or corporation shall operate a motor vehicle or combination of vehicles unless such motor vehicle is registered and licensed according to gross weight as prescribed in K.S.A. 8-143 or any amendments thereto, which are 1) Its shall be unlawful to operate within this city a vehicle or combination of vehicles whose weight, with cargo, is in excess of the gross weight for which the vehicle, truck, or truck- tractor propelling the same is licensed and registered except as provided by K.S.A.8-1911, or any amendments thereto and K.S.A. 8-143 or any amendments thereto, which are  incorporated by reference as ifset out in full herein.  incorporated by reference as ifs set out in full herein.  () Exceptions.  (1) Except as provided in subsections (3), (4), (5) and (6) oft this section, no person shall operate any truck or other vehicle with a registered gross weight classification or actual gross weight in excess of 12,000 pounds on any oft the following streets:  (A) 94th: From K-32 north to the north city limits. (B) 98th: From Riverview south to. K-32. (C) 102nd: From K-32 north to Riverview.  (D) 104th/Kouns Lane: From Edwardsville Drive north to Shawnee.  (E) 106th: From Shawnee north to Richland. (F) 110th: From Riverview south to its southern terminus.  (G) Kansas Avenue: From 102nd east to I-435, and 110th west to the city limits.  (H) Newton: From 4th east to 9th.  (I) Riverview: From the west city limits (at 110th) east to 98th (all).  (J) Shawnee: From Edwardsville Drive to 104th.  (K) Swartz: From 104th/Kouns Lane east to the east city limits.  Ordinance No. 1076 September 23, 2024 Page3of3    (2) As used in this section, "registered gross weight" is that weight for which a vehicle should bei registered in the jurisdiction in whichi it is licensed. "Actual gross weight"ist that weight which is the total combined gross weight oft the vehicle, registered or not. (3) Persons operating recreational vehicles, buses, and other vehicles used primarily for transportation of passengers are exempt from the prohibition of subsection (1) of this section, as are drivers or operators while proceeding to or from their place of residence within the city limits, drivers and operators of vehicles traveling to and/or from al business establishment located within and operating lawfully within the city. And drivers or operators of vehicles while used for agricultural purposes, including the transportation of (4). All vehicles owned by the city, all trash trucks while engaged in picking up municipal solid waste from properties within the city, and all vehicles used on a construction project within the city limits are exempt from the prohibitions ofs subsection [(1)). (5) Vehicles carrying goods for pickup or delivery within the city on an occasional basis, not to exceed once a week, to or from a location on a street designated under subsection (1), and vehicles used in repair or construction work on or abutting a street designated under subsection (1), including utility vehicles, are permitted to enter the street at the point nearest the location to deliver or receive the goods or do the work, and to exit the street at (6) Ini no case shall aj person operate any truck or other vehicle with an actual gross weight in excess of36,000 pounds on any street designated under subsection (1) above, except for trash trucks and vehicles owned by the city. The city administrator, inl his or her discretion, upon application in writing and good cause being shown, may issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles ofa weight or load exceeding the maximums specified with the provisions oft this section upon certain highways or streets under the jurisdiction of the city. The administrator can specify conditions concerning the special permit and require a surety bond in an amount deemed necessary to compensate for any damage to any street, roadway, or structure or (k)Posted load limit signs on streets, bridges, culverts or other locations, which signs are more () The terms "truck," "truck tractor" and "vehicle" shall have the meanings, respectively, set out in chapter 8 of Kansas Statutes Annotated now found at K.S.A. 8-1401 et seq., which Section 2. Code of Ordinances oft the City of] Edwardsville, Kansas 12, Section 12.03.122, is Section 3. This Ordinance shall take effect and be in force from and after its passage and  animals from or to a destination in the city.  the point nearest the location.  other public property.  restrictive, take precedence over any provisions of this section.  also shall control as to all other terms used in this section.  hereby repealed.  publication as required by law. Ordinance No. 1076 September 23, 2024 Page 3of3    PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF EDWARDSVILLE, KANSAS ON THIS 23rd DAY OF SEPTEMBER 2024.  Carolyn Caiharr, Mayor  ATTEST:  Chantal Frierson, City Clerk  APPROVED AS TO: FORM:  Joshua Ney, City Attorney  Ordinance No. 1076 September 23, 2024 Page3of3    CITY COUNCIL MEETING - September 23, 2024  CITY MANAGER REPORT ADMINISTRATION  Staff worked on the Chart of Accounts as part of the financial software implementation. Conducted significant research on the Riverview Crossroad Street Improvement project. Participated in a right-of-way and easementutility relocation meeting on the Richland Staff met with JEO Engineering regarding the deployment of a street assessment  Avenue street construction project.  program.  POLICE DEPARTMENT  Aswearing-in ceremony was held for newly hired Officer Doug Parisi. Work has begun on the police station roof. Detective Reglin will leave us as she has accepted a job with the KBI. We are actively recruiting to fill the upcoming vacancy. Major Jeff Short will be attending Leadership 2000  THE MISSION OF LEADERSHIP 2000  To identify, motivate, and continually develop new and emerging leaders from business, non-profit, and private sectors to affect change in the quality of civic,  cultural, and economic life in Wyandotte County.  FIRE DEPARTMENT  Crews helped public works with pump cleanouts.  Crews are helping with set up for Edwardsville Days this weekend.  The Fire Department has three personnel potentially going to work with the Kansas Forest Service on a mitigation project starting October 13th. More to follow when  finalized by KFS.  PUBLIC WORKS  The Public Works Building has been painted  Public Works Crew repaired the pumps at the Conoco and Mission Creek Pump Stations The Sanitary Sewer Line running under K32 at 102nd blockage has been cleaned. The Parks Maintenance shed has been painted to match the other structures around the The Council Chambers lights and ceiling tiles have been cleaned or changed out.  City Park.  The Roof on the south end of City Hall was repaired by warranty. Edwardsville Drive's asphalt patch repair has been completed.    CITY COUNCIL MEETING - September 23, 2024  PLANNING AND ZONING  Reviewed building plans for 1 new house and subdividing of the lot Discussed wastewater permit process with a potential new business Processed 2 fence permits, 1 electric permit, 1 plumbing permit, and 1 sign permit Met with new developer about a residential subdivision project  PARKS AND RECREATION  The director of Parks and Recreation was on vacation for two weeks.  CITY ENGINEER  98th Street Phase 1 (Kansas to N. City Limits) - Roadway construction continues. Signs and barricades remain in place for a total road closure to thru traffic and detour route. The contractor has sometimes mobilized two crews to work on grading and storm sewer along the project. Evergy and Spectrum are doing some minor work to remove the old power pole. Access to residents is required to be maintained throughout construction. 98th Street Phase 2 (Kansas to just south of Metropolitan) -Have provided initial environmental clearance information to KDOT. Field check plans are being developed to submit to KDOT in the next 1-2 months. Will have a site review meeting with KDOT Towne Centre Connector TA Project - Field Check plans have been submitted to KDOT. Some easement acquisition will be required for the project; a color-coded drawing has been provided to the City showing ROWand easement needs to aid with the acquisition process can proceed. The project is expected to be let thru KDOT potentially in 2025/2026. The final schedule will depend on final rightolwayleasement acquisition 104th Street Sidewalk (Metropolitan to the Elementary School) = The only remaining work was the removal oft the old utility pole sO the sidewalk panel could be installed. Drainage improvements between two homes adjacent to 104th St. are still being evaluated. City staff is coordinating how recent KDOT Cost Share funds can be used for Richland Ave (102nd to 106th) -the team has provided an updated ROWeasement plan to City staff and Tim Orrick for acquisition purposes. Easement and ROW descriptions are being generated and have begun to be sent to Tim Orrick. Updated plans have been provided to utility companies for coordination of where each will relocate and confirm proposed ROWand easements will suffice. They can begin their relocation work once easements have been secured. Geotechnical borings will be done in two locations to verify the presence of any rock in excavation areas as soon as permission is granted by property owners. Pending utility relocations and ROWleasement needs, the project is  afterward. Intended bidding in 2026.  and utility relocation schedules  ala later phase.  targeting to be bid in late 2024 and constructed in 2025.    CITY COUNCIL MEETING - September 23, 2024  Kansas Ave (110th to near City Limits) - work awarded to McConnell & Associates. The city has added pavement work on 110th south of Kansas as part oft this contract. Pavicich Property Restoration -bid award was tabled. Options for rebidding are being  identified to reduce costs. Additional Activities  Additional Activities  Have received preliminary MARC scoring of Federal funding applications submitted in late July. Working with City staff to prepare and present project summaries to MARC Assisting City staff with potential sewer service terms for expected development north of  committees in the next couple of weeks. 170 that have requested the use ofLTC force main. Various communications and meetings with City staff