City Council Meeting Agenda July 23, :00 p.m.

Transcription

1 City Council Meeting Agenda July 23, :00 p.m. Mayor: John McTaggart Councilmember: Chuck Adams Carolyn Caiharr Margaret Shriver Garrett Mellott Chuck Stites Please stand for the Pledge of Allegiance 1. Approve minutes of July 9, Statement of Bills paid $240, Requests or Comments from the public (As a courtesy to your fellow citizens, please try to limit your comments to three minutes) 4. Consider resolutions calling for public hearings on the adoption of TIF Project Plans for the following project areas within the Village South at Edwardsville Tax Increment Finance District: a. Resolution calling for a public hearing related to Project Area 1 b. Resolution calling for a public hearing related to Project Area 2 c. Resolution calling for a public hearing related to Project Area 3 5. Consider resolutions calling for public hearings on the advisability of creating the following Community Improvement Districts related to the Village South at Edwardsville project: a. Resolution calling for a public hearing related to Edwardsville CID 1 b. Resolution calling for a public hearing related to Edwardsville CID 2 c. Resolution calling for a public hearing related to Edwardsville CID 3 6. Consider Ordinance No. 999 adopting the 2018 Standard Traffic Ordinance for Kansas cities 7. Consider Ordinance No adopting the 2108 Uniform Public Offense Code for Kansas cities 8. Presentation reviewing planning for the 2019 Annual Budget 9. Advisory Reports a. City Manager b. Chiefs (Police & Fire) c. Public Works d. City Attorney 10. Council and Mayor Comments *Meetings of the City Council are recorded for the purposes of online viewing through the City s website and social media outlets*

2 City Council Meeting Agenda July 9, :00 p.m. Mayor: John McTaggart Councilmember: Chuck Adams Carolyn Caiharr Margaret Shriver Garrett Mellott Chuck Stites 1. Approve minutes of June 25, 2018 Motion: Councilmember Stites made a motion to approve minutes of June 25, Second: Councilmember Shriver seconded the motion. Vote: Motion passes Statement of Bills paid $249, Motion: Councilmember Adams made the motion to approve the statement of bills paid. Second: Councilmember Caiharr seconded the motion. Vote: Motion passes Requests or Comments from the public Merle Bland, representing the Business West organization, took the podium and stressed the need to keep the mill levy low for the benefit of small businesses. 4. Consider Mayor s appointment of City Attorney Mayor McTaggart announced Lisa Dehon as his appointment for City Attorney. Mayor McTaggart also reviewed some of Ms. Dehon s background. Motion: Councilmember Adams made a motion to approve Lisa Dehon as City Attorney. Second: Councilmember Mellott seconded the motion. Vote: Motion passes 5-0. City Attorney Lisa Dehon is sworn in. Ms. Dehon gave a brief history of her career and thanked the Mayor and City Council for the position. 5. Consider Mayor s appointment to the Edwardsville Cemetery Board Mayor McTaggart announced Mike Wheeler as his appointment to the Edwardsville Cemetery Board. City Manager Michael Webb gave a background of Mr. Wheeler s involvement with Edwardsville. Motion: Councilmember Mellott made the motion to appoint Mike Wheeler to the Edwardsville Cemetery Board. Second: Councilmember Caiharr seconded the motion. Vote: Motion passes Consider Special Event Retail Permit application from the Bonner Springs-Edwardsville Area Chamber of Commerce for cereal malt beverages for the Edwardsville AutumnFest event on September 22, 2018 Assistant City Manager Zack Daniel provided background on the event and application, noting the only significant change in this year s application was the inclusion of Chamber President Jeff Jone s as the primary applicant rather than the Chamber Executive Director.

3 Mr. Daniel also noted that Chamber Executive Director Jen Anders was in attendance. Mr. Daniel recommended approval of the application and recommended the council waive the daily fee. Motion: Councilmember Adams made the motion to approve the Special Event Retail Permit application from the Bonner Springs-Edwardsville Area Chamber of Commerce for cereal malt beverages for the Edwardsville AutumnFest event on September 22, 2018 and waive the daily fee. Second: Councilmember Stites seconded the motion. Vote: Motion passes Conduct a public hearing to consider changes to the Redevelopment District Plan for the Village South at Edwardsville Redevelopment District Mr. Webb reviewed the project and introduced Tyler Ellsworth of Kutak Rock. Mr. Ellsworth noted changes in the project, specifically the creation of four project areas within the TIF district. Councilmember Stites asked for clarification on the changes within specific project areas. Motion: Councilmember Adams made the motion to open the public hearing to consider changes to the Redevelopment District Plan for the Village South at Edwardsville Redevelopment District. Second: Councilmember Stites seconded the motion. Vote: Motion passes 5-0. Gary Carpenter, Riverview, inquired about the recent rezoning action related to the project area and how that related to the changes before the Council. City Manager Michael Webb responded, noting the rezone is largely separate from this issue as it primarily changed the zoning to allow a hotel development by right rather than through a special use permit. Motion: Councilmember Stites made a motion to close the public hearing. Second: Councilmember Mellott seconded the motion. Vote: Motion passes Consider Ordinance No. 997 approving changes to the Redevelopment District Plan for the Village South at Edwardsville Redevelopment District and amending Ordinance Nos. 965 and 973 Motion: Councilmember Stites made a motion adopting Ordinance No. 997 approving changes to the Redevelopment District Plan for the Village South at Edwardsville Redevelopment District and amending Ordinance Nos. 965 and 973. Second: Councilmember Caiharr seconded the motion. Vote: Motion passes Consider Ordinance No. 998 amending Appendix A Fee Schedule of the Code of Ordinances amending fingerprinting fees for the Edwardsville Police Department Police Chief Mark Mathies provided reasoning for Ordinance 998 and gave a recommendation of adoption of the ordinance. Chief Mathies also noted the price would raise from five dollars to fifteen dollars. Councilmember Stites inquired about other places fingerprinting is done and how much is charged. Deputy Chief Jeff Short responded that some communities have no charges, but the proposed changes place the City largely in line with area communities. Motion: Councilmember Adams made a motion adopting Ordinance No. 998 amending Appendix A Fee Schedule of the Code of Ordinances amending fingerprinting fees for the Edwardsville Police Department. Second: Councilmember Shriver seconded the motion.

4 Vote: Motion passes 4-1, Councilmember Stites dissenting. 10. Advisory Reports a. City Manager Mr. Webb reported the new trail has been paved, he also reported a hire for the Customer Service Clerk position and a hire for the Public Works waste water position, as well as a part time hire for mowing. Mr. Webb also noted the need for a new air conditioner in City Hall. Mr. Webb would also later update the Council on anticipated funding for a future road project in the City s north end. b. Chiefs (Police & Fire) Police Chief Mathies reported the Police Department has been busy. He also noted that a new Department picture will be taken soon. Deputy Fire Chief Burr reported that he is back from Executive Fire Officer training. c. Public Works No comments. d. City Attorney No comments. 10. Council and Mayor Comments Councilmember Adams welcomed Ms. Dehon to Edwardsville. Councilmember Caiharr commented how happy she is with the addition of a new Cemetery Board member. Councilmember Mellott welcomed Ms. Dehon to Edwardsville. Councilmember Shriver welcomed Ms. Dehon to Edwardsville and inquired about July 4 th emergencies and firework stands. Deputy Fire Chief Tony Burr noted that there was no significant issues on the 4 th. Councilmember Stites welcome Ms. Dehon. He also inquired about car sales in Edwardsville, trash, and community service. He expressed his concerns for litter on main roads in Edwardsville. Mayor McTaggart welcomed Ms. Dehon to Edwardsville. ADJOURNMENT The meeting was adjourned at 7:44 p.m. Zachary Daniel City Clerk

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38 ITEM #4 TO: MAYOR & CITY COUNCIL FROM: MICHAEL WEBB, CITY MANAGER TYLER ELLSWORTH, SPECIAL COUNSEL DATE: JULY 23, 2018 SUBJECT: VILLAGE SOUTH TIF PUBLIC HEARINGS RECOMMENDATION City Council to consider a series of resolutions providing for notice of public hearings to consider adoption of TIF Project Plans for three project areas within the Village South at Edwardsville Tax Increment Finance District. FINANCIAL IMPACT Not Applicable BACKGROUND On October 24, 2016, the Governing Body passed Ordinance No. 969 approving a Redevelopment (TIF) Project Plan for Project Area 1 of the proposed Village South development, which had been reviewed by the Planning Commission on August 17, 2016 and found to be consistent with the Edwardsville Comprehensive Plan. On January 9, 2017, the Governing Body, at the request of the developer, passed an ordinance adding area to the original TIF district. This action resulted in the consideration of an amended TIF Project Plan by the Planning Commission, as to consistency with the comprehensive plan on January 18, 2017 and subsequent acceptance of the amended TIF Project Plan by the City Council on February 13, 2017 (Ordinance No. 978). Since that time the project has evolved, and it no longer appears desirable or feasible to proceed with either (i) the approved TIF Project Plan or (ii) the original structure of the TIF District which included just two project areas. Pursuant to Ordinance No. 997 passed by Council on July 9, 2018, the Village South TIF district has been divided into four (4) TIF project areas which replace and supersede the two original project areas. By statute, each project area requires a separate TIF Project Plan. Three (3) TIF Project Plans, corresponding to three (3) of the four (4) new TIF project areas, were before the Edwardsville Planning Commission at the group s July 18, 2018 meeting. At that meeting, the Planning Commission adopted three resolutions which found and determined that each of the TIF Project Plans is consistent with the intent of the comprehensive plan for the development of the City. With the Planning Commission having formally made the determination above, staff recommends adoption of Resolutions , , and setting public hearings on August 27, 2018 related to TIF Project Areas 1-3, respectively. Action on each of the three resolutions requires separate motions by the City Council.

39 RESOLUTION NO A RESOLUTION PROVIDING FOR THE CONSIDERATION OF A REDEVELOPMENT PROJECT PLAN FOR A REDEVELOPMENT DISTRICT IN THE CITY OF EDWARDSVILLE, KANSAS (VILLAGE SOUTH AT EDWARDSVILLE REDEVELOPMENT DISTRICT, PROJECT AREA 1). WHEREAS, pursuant to K.S.A et seq., as amended (the Act ), and Ordinance No. 965 (the TIF District Ordinance ) of the City of Edwardsville, Kansas (the City ), and in order to promote, stimulate and develop the general and economic welfare of the City, the Governing Body of the City has established a redevelopment district (as amended and as described on Exhibit A, the Redevelopment District ); WHEREAS, pursuant to Ordinance No. 973 of the City, passed on January 9, 2017, and Ordinance No. 997 of the City, passed on July 9, 2018, the City has added area to the Redevelopment District and amended the redevelopment district plan to consist of four (4) redevelopment project areas; WHEREAS, pursuant to Ordinance No. 969 of the City, passed October 24, 2016, the City previously approved a redevelopment project plan for one of the original redevelopment project areas within the original Redevelopment District (the Original Project Plan ); WHEREAS, the City and the developer of the Original Project Plan have mutually determined that the Original Project Plan is no longer desirable or feasible; WHEREAS, the developer has proposed a new project plan (the Proposed Project Plan ) for the redevelopment of the project area within the Redevelopment District described on Exhibit B to this Resolution ( Project Area 1 ); WHEREAS, concurrently with consideration of the Proposed Project Plan, the Governing Body of the City will consider an Ordinance terminating the Original Project Plan; WHEREAS, a comprehensive feasibility study has been completed which: (a) indicates that the benefits, tax increment revenue and other available revenues under K.S.A (a)(1) expected to be derived from the redevelopment project described in the Proposed Project Plan are expected to exceed or be sufficient to pay for the redevelopment project costs; and (b) shows the effect, if any, the redevelopment project costs for the Proposed Project Plan will have on any outstanding special obligation bonds payable from the revenues described in K.S.A (a)(1)(D); WHEREAS, a copy of the Proposed Project Plan for Project Area 1 within the Redevelopment District has been delivered to the Board of County Commissioners of the Unified Government of Wyandotte County/Kansas City, Kansas, and the Board of Education of Unified School District No. 204 of Wyandotte County, Kansas, all in accordance with the Act; and Res. No July 23, 2018 Page 1 of 7

40 WHEREAS, the Planning Commission of the City has reviewed the Proposed Project Plan and has found and determined that the Proposed Project Plan is consistent with the intent of the comprehensive plan for development of the City; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EDWARDSVILLE, KANSAS, AS FOLLOWS: Section 1. A public hearing to consider adoption of the Proposed Project Plan shall be held on August 27, 2018, at 7:00 p.m. (or as soon thereafter as is practical), Central Daylight Saving Time, at City Hall, 690 South Fourth Street, Edwardsville, Kansas. The date of the public hearing is not less than 30 or more than 70 days after the date of this Resolution as required by K.S.A (a). Section 2. The Redevelopment District was created by the TIF District Ordinance passed by the City Council on June 27, 2016, and effective on June 30, 2016 (the publication date for the TIF District Ordinance), as amended by Ordinance No. 973 of the City, passed on January 9, 2017, and Ordinance No. 997 of the City, passed on July 9, The boundaries of the Redevelopment District are described on Exhibit A to this Resolution, and the boundaries of the proposed Project Area 1 are described on Exhibit B attached to this Resolution. A sketch delineating Project Area 1 within the Redevelopment District is also attached to this Resolution as Exhibit C. Section 3. The Proposed Project Plan, including a summary of the feasibility study, the relocation assistance plan, if required, and a description and map of the proposed Project Area 1, are available for inspection during regular business hours in the office of the Assistant City Manager/City Clerk of the City. There are no financial guarantees of the prospective developer. Section 4. A copy of this Resolution (including the Exhibits) shall be published once in the official City newspaper not less than one week or more than two weeks preceding the date fixed for the public hearing and sent by certified mail, return receipt requested, to the Board of Commissioners of the Unified Government of Wyandotte County/Kansas City, Kansas, and the Board of Education of Unified School District No. 204 of Wyandotte County, Kansas. Copies of this Resolution also shall be sent by certified mail, return receipt requested, to each owner and occupant of land within Project Area 1 not more than 10 days following the date of adoption of this Resolution. Section 5. This Resolution shall be in full force and effect from and after its adoption. PASSED AND APPROVED by the Governing Body for the City of Edwardsville, Kansas this 23 rd day of July, ATTEST: John McTaggart, Mayor Res. No July 23, 2018 Page 2 of 7

41 Zachary Daniel, Assistant City Manager/City Clerk Res. No July 23, 2018 Page 3 of 7

42 EXHIBIT A Legal Description of Redevelopment District All of Lots 1 & 2, Lustgraaf Acres, said lots being a replat of part of Tract 4 and Tract 5, the Norman Farms Subdivision and part of the Southeast Quarter of the Southwest Quarter, all in Section 11, Township 11 South, Range 23 East, City of Edwardsville, Wyandotte County, Kansas and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 11; thence North East, along the South line of the said Southwest Quarter, a distance of feet to the Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 11, said point being the POINT OF BEGINNING; thence North West, along the West line of said Quarter-Quarter, a distance of feet to the Southeast corner of Lot 2, said Lustgraaf Acres; thence South West (Measured South West, Platted) along the South line of said Lot 2, a distance of feet to the Westerly line of said Lot 2 and Easterly Line of 110th Street, as now exists; thence North West (Measured North East, Platted), along the Easterly line of said 110th Street and Westerly line of said Lot 2, a distance of feet; thence North East (Measured North East, Platted), continuing along the Easterly line of said 110th Street and Westerly line of said Lot 2 a distance of feet; thence North East (Measured North East, Platted), continuing along the Easterly line of said 110th Street and Westerly line of said Lot 2 and said Lot 1, a distance of feet to the Southerly line of Right of Way conveyed to the City of Kansas City, Kansas by Document No , recorded in Book 3744 at Page 543 in the Office of the Register of Deeds, Wyandotte County; thence North East, along said Southerly Right of Way, a distance of feet to the Southerly right of way of the Kansas Turnpike, said point being on the Northwest Corner of Lot 2, Lustgraaf Acres; thence North East (Measured, North East, Platted) along the North line of said Lot 2 and South line of said Turnpike, a distance of (Measured , Platted) feet to the Northeast Corner of said Lot 2; thence North East, continuing along the South line of said Turnpike, a distance of feet (Measured feet, Deeded) to the Northeast corner of Tract recorded as Document No. 2005R-20405, said point being monumented with a 1.5 inch iron bar; thence South East, along the Easterly line of said Tract, a distance of feet (Measured, feet, Deeded) to the South line of said Section 11; thence South West, along said South line, a distance of feet (Measured, 198 feet, Deeded) to the POINT OF BEGINNING, LESS AND EXCEPT All that part of Lot 2, Lustgraaf Acres, a Replat of part of Tract 4 and Tract 5, the Norman Farms Subdivision in Edwardsville, Wyandotte County, Kansas described as follows: Commencing at the Northeast corner of said Lot 2; thence South West (Measured - South 87 34' 00" West, Deeded), along the North line of said Lot 2, feet; thence South E (Measured - South 02 26' 00" East, Deeded) a distance of 9.17 feet to the POINT OF BEGINNING Res. No July 23, 2018 Page 4 of 7

43 of the tract to be herein described; thence South East (Measured - South 23 58' 55" East, Deeded) a distance of feet; thence South West, (Measured - South 78 49' 45" West, Deeded) a distance of feet; thence North West (Measured - North 01 34' 54" West, Deeded), a distance of feet (Measured feet, Deeded) POINT OF BEGINNING. The Net Tract Area containing 1,477,015.6 square feet or acres, more or less. AND Any and all public right-of-way immediately adjacent to the above-described land. Res. No July 23, 2018 Page 5 of 7

44 EXHIBIT B Legal Description of Project Area 1 Part of Lots 1 & 2, Lustgraaf Acres, said lots being a replat of part of Tract 4 and Tract 5, the Norman Farms Subdivision AND part of the Public Right of Way of Village South Parkway as dedicated by the Final Plat of Village South at Edwardsville, First Plat, all in the Southwest Quarter of Section 11, Township 11 South, Range 23 East, City of Edwardsville, Wyandotte County, Kansas and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 11; thence North East, along the South line of said Southwest Quarter, a distance of feet to the Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 11; thence North West, along the West line of said Quarter-Quarter, a distance of feet to the Southeast corner of Lot 2, said Lustgraaf Acres; thence South West (Measured South West, Platted) along the South line of said Lot 2, a distance of feet to the POINT OF BEGINNING; thence South West (Measured South West, Platted) continuing along the South line of said Lot 2, a distance of feet to the Westerly line of said Lot 2 and Easterly Line of 110th Street, as now exists; thence North West (Measured North East, Platted), along the Easterly line of said 110th Street and Westerly line of said Lot 2, a distance of feet; thence North East (Measured North East, Platted), continuing along the Easterly line of said 110th Street and Westerly line of said Lot 2 a distance of feet; thence North East (Measured North East, Platted), continuing along the Easterly line of said 110th Street and Westerly line of said Lot 2 and said Lot 1, a distance of feet to the Southerly line of Right of Way conveyed to the City of Kansas City, Kansas by Document No , recorded in Book 3744 at Page 543 in the Office of the Register of Deeds, Wyandotte County; thence North East, along said Southerly Right of Way, a distance of feet to the Northwest corner of Lot 3, Village South at Edwardsville, First Plat; thence South E along said South line, a distance of feet to the intersection of said West line with the South line Village South Parkway, as now exists; thence North East, along said South line, a distance of 4.78 feet; thence South East, departing said South line, a distance of feet to the POINT OF BEGINNING and containing 289, sq. ft. or 6.64 acres, more or less. Res. No July 23, 2018 Page 6 of 7

45 EXHIBIT C Sketch of Project Area 1 Res. No July 23, 2018 Page 7 of 7

46 RESOLUTION NO A RESOLUTION PROVIDING FOR THE CONSIDERATION OF A REDEVELOPMENT PROJECT PLAN FOR A REDEVELOPMENT DISTRICT IN THE CITY OF EDWARDSVILLE, KANSAS (VILLAGE SOUTH AT EDWARDSVILLE REDEVELOPMENT DISTRICT, PROJECT AREA 2). WHEREAS, pursuant to K.S.A et seq., as amended (the Act ), and Ordinance No. 965 (the TIF District Ordinance ) of the City of Edwardsville, Kansas (the City ), and in order to promote, stimulate and develop the general and economic welfare of the City, the Governing Body of the City has established a redevelopment district (as amended and as described on Exhibit A, the Redevelopment District ); WHEREAS, pursuant to Ordinance No. 973 of the City, passed on January 9, 2017, and Ordinance No. 997 of the City, passed on July 9, 2018, the City has added area to the Redevelopment District and amended the redevelopment district plan to consist of four (4) redevelopment project areas; WHEREAS, pursuant to Ordinance No. 969 of the City, passed October 24, 2016, the City previously approved a redevelopment project plan for one of the original redevelopment project areas within the original Redevelopment District (the Original Project Plan ); WHEREAS, the City and the developer of the Original Project Plan have mutually determined that the Original Project Plan is no longer desirable or feasible; WHEREAS, the developer has proposed a new project plan (the Proposed Project Plan ) for the redevelopment of the project area within the Redevelopment District described on Exhibit B to this Resolution ( Project Area 2 ); WHEREAS, concurrently with consideration of the Proposed Project Plan, the Governing Body of the City will consider an Ordinance terminating the Original Project Plan; WHEREAS, a comprehensive feasibility study has been completed which: (a) indicates that the benefits, tax increment revenue and other available revenues under K.S.A (a)(1) expected to be derived from the redevelopment project described in the Proposed Project Plan are expected to exceed or be sufficient to pay for the redevelopment project costs; and (b) shows the effect, if any, the redevelopment project costs for the Proposed Project Plan will have on any outstanding special obligation bonds payable from the revenues described in K.S.A (a)(1)(D); WHEREAS, a copy of the Proposed Project Plan for Project Area 2 within the Redevelopment District has been delivered to the Board of County Commissioners of the Unified Government of Wyandotte County/Kansas City, Kansas, and the Board of Education of Unified School District No. 204 of Wyandotte County, Kansas, all in accordance with the Act; and Res. No July 23, 2018 Page 1 of 8

47 WHEREAS, the Planning Commission of the City has reviewed the Proposed Project Plan and has found and determined that the Proposed Project Plan is consistent with the intent of the comprehensive plan for development of the City; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EDWARDSVILLE, KANSAS, AS FOLLOWS: Section 1. A public hearing to consider adoption of the Proposed Project Plan shall be held on August 27, 2018, at 7:00 p.m. (or as soon thereafter as is practical), Central Daylight Saving Time, at City Hall, 690 South Fourth Street, Edwardsville, Kansas. The date of the public hearing is not less than 30 or more than 70 days after the date of this Resolution as required by K.S.A (a). Section 2. The Redevelopment District was created by the TIF District Ordinance passed by the City Council on June 27, 2016, and effective on June 30, 2016 (the publication date for the TIF District Ordinance), as amended by Ordinance No. 973 of the City, passed on January 9, 2017, and Ordinance No. 997 of the City, passed on July 9, The boundaries of the Redevelopment District are described on Exhibit A to this Resolution, and the boundaries of the proposed Project Area 2 are described on Exhibit B attached to this Resolution. A sketch delineating Project Area 2 within the Redevelopment District is also attached to this Resolution as Exhibit C. Section 3. The Proposed Project Plan, including a summary of the feasibility study, the relocation assistance plan, if required, and a description and map of the proposed Project Area 2, are available for inspection during regular business hours in the office of the Assistant City Manager/City Clerk of the City. There are no financial guarantees of the prospective developer. Section 4. A copy of this Resolution (including the Exhibits) shall be published once in the official City newspaper not less than one week or more than two weeks preceding the date fixed for the public hearing and sent by certified mail, return receipt requested, to the Board of Commissioners of the Unified Government of Wyandotte County/Kansas City, Kansas, and the Board of Education of Unified School District No. 204 of Wyandotte County, Kansas. Copies of this Resolution also shall be sent by certified mail, return receipt requested, to each owner and occupant of land within Project Area 2 not more than 10 days following the date of adoption of this Resolution. Section 5. This Resolution shall be in full force and effect from and after its adoption. PASSED AND APPROVED by the Governing Body for the City of Edwardsville, Kansas this 23 rd day of July, ATTEST: John McTaggart, Mayor Res. No July 23, 2018 Page 2 of 8

48 Zachary Daniel, Assistant City Manager/City Clerk Res. No July 23, 2018 Page 3 of 8

49 EXHIBIT A Legal Description of Redevelopment District All of Lots 1 & 2, Lustgraaf Acres, said lots being a replat of part of Tract 4 and Tract 5, the Norman Farms Subdivision and part of the Southeast Quarter of the Southwest Quarter, all in Section 11, Township 11 South, Range 23 East, City of Edwardsville, Wyandotte County, Kansas and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 11; thence North East, along the South line of the said Southwest Quarter, a distance of feet to the Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 11, said point being the POINT OF BEGINNING; thence North West, along the West line of said Quarter-Quarter, a distance of feet to the Southeast corner of Lot 2, said Lustgraaf Acres; thence South West (Measured South West, Platted) along the South line of said Lot 2, a distance of feet to the Westerly line of said Lot 2 and Easterly Line of 110th Street, as now exists; thence North West (Measured North East, Platted), along the Easterly line of said 110th Street and Westerly line of said Lot 2, a distance of feet; thence North East (Measured North East, Platted), continuing along the Easterly line of said 110th Street and Westerly line of said Lot 2 a distance of feet; thence North East (Measured North East, Platted), continuing along the Easterly line of said 110th Street and Westerly line of said Lot 2 and said Lot 1, a distance of feet to the Southerly line of Right of Way conveyed to the City of Kansas City, Kansas by Document No , recorded in Book 3744 at Page 543 in the Office of the Register of Deeds, Wyandotte County; thence North East, along said Southerly Right of Way, a distance of feet to the Southerly right of way of the Kansas Turnpike, said point being on the Northwest Corner of Lot 2, Lustgraaf Acres; thence North East (Measured, North East, Platted) along the North line of said Lot 2 and South line of said Turnpike, a distance of (Measured , Platted) feet to the Northeast Corner of said Lot 2; thence North East, continuing along the South line of said Turnpike, a distance of feet (Measured feet, Deeded) to the Northeast corner of Tract recorded as Document No. 2005R-20405, said point being monumented with a 1.5 inch iron bar; thence South East, along the Easterly line of said Tract, a distance of feet (Measured, feet, Deeded) to the South line of said Section 11; thence South West, along said South line, a distance of feet (Measured, 198 feet, Deeded) to the POINT OF BEGINNING, LESS AND EXCEPT All that part of Lot 2, Lustgraaf Acres, a Replat of part of Tract 4 and Tract 5, the Norman Farms Subdivision in Edwardsville, Wyandotte County, Kansas described as follows: Commencing at the Northeast corner of said Lot 2; thence South West (Measured - South 87 34' 00" West, Deeded), along the North line of said Lot 2, feet; thence South E (Measured - South 02 26' 00" East, Deeded) a distance of 9.17 feet to the POINT OF BEGINNING Res. No July 23, 2018 Page 4 of 8

50 of the tract to be herein described; thence South East (Measured - South 23 58' 55" East, Deeded) a distance of feet; thence South West, (Measured - South 78 49' 45" West, Deeded) a distance of feet; thence North West (Measured - North 01 34' 54" West, Deeded), a distance of feet (Measured feet, Deeded) POINT OF BEGINNING. The Net Tract Area containing 1,477,015.6 square feet or acres, more or less. AND Any and all public right-of-way immediately adjacent to the above-described land. Res. No July 23, 2018 Page 5 of 8

51 EXHIBIT B Legal Description of Project Area 2 All of Lot 3 and Tract A, Village South at Edwardsville, First Plat and part of the Public Right of Way of Village South Parkway as dedicated by the Final Plat of Village South at Edwardsville, First Plat AND part of Lot 2, Lustgraaf Acres, being a replat of part of Tract 4 and Tract 5, the Norman Farms Subdivision, all in the Southwest Quarter of Section 11, Township 11 South, Range 23 East, City of Edwardsville, Wyandotte County, Kansas and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 11; thence North East, along the South line of said Southwest Quarter, a distance of feet to the Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 11, thence North West, along the West line of said Quarter-Quarter, a distance of feet to the Southeast corner of Lot 2, said Lustgraaf Acres; thence South West (Measured South West, Platted) along the South line of said Lot 2, a distance of feet; thence North West, a distance of feet to a point on the South line of Village South Parkway as now exists, said point being the POINT OF BEGINNING; thence South West, continuing along said South line, a distance of 4.78 feet to the intersection of said South line with the West line of Lot 3 (extended), of Village South at Edwardsville, First Plat; thence North West along said West line, a distance of feet to the Northwest Corner of said Lot 3, said point being on the Southerly line of Right of Way conveyed to the City of Kansas City, Kansas by Document No , recorded in Book 3744 at Page 543 in the Office of the Register of Deeds, Wyandotte County; thence North East, along said Southerly Right of Way and along the North line of said Lot 3, a distance of feet to the Southerly right of way of the Kansas Turnpike, thence North East along the North line of Lot 3 and Tract A, of said Village South at Edwardsville, First Plat and Lot 2, Lustgraaf Acres, and South line of said Turnpike, a distance of feet to the Northeast Corner of said Lot 2, Lustgraaf Acres; thence South East, along the East line thereof, also being the West line of the Southeast Quarter of the Southwest Quarter of Section 11, Township 11, Range 23, a distance of feet to the intersection of said West line with the South line of Village South Parkway as now exists; thence South West, along said South line, a distance of feet to the POINT OF BEGINNING; LESS AND EXCEPT (Billboard Tract) All that part of Lot 2, Lustgraaf Acres, a Replat of part of Tract 4 and Tract 5, the Norman Farms Subdivision in Edwardsville, Wyandotte County, Kansas described as follows: Commencing at the Northeast corner of said Lot 2; thence South West (Measured - South 87 34' 00" West, Deeded), along the North line of said Lot 2, feet; thence South E (Measured - South 02 26' 00" East, Deeded) a distance of 9.17 feet to the POINT OF BEGINNING of the tract to be herein described; thence South East (Measured - South 23 58' 55" East, Deeded) a distance of feet; thence South West, (Measured - South 78 49' 45" Res. No July 23, 2018 Page 6 of 8

52 West, Deeded) a distance of feet; thence North West (Measured - North 01 34' 54" West, Deeded), a distance of feet (Measured feet, Deeded) POINT OF BEGINNING. The Net Tract Area containing 681, square feet or acres, more or less. Res. No July 23, 2018 Page 7 of 8

53 EXHIBIT C Sketch of Project Area 2 Res. No July 23, 2018 Page 8 of 8

54 RESOLUTION NO A RESOLUTION PROVIDING FOR THE CONSIDERATION OF A REDEVELOPMENT PROJECT PLAN FOR A REDEVELOPMENT DISTRICT IN THE CITY OF EDWARDSVILLE, KANSAS (VILLAGE SOUTH AT EDWARDSVILLE REDEVELOPMENT DISTRICT, PROJECT AREA 3). WHEREAS, pursuant to K.S.A et seq., as amended (the Act ), and Ordinance No. 965 (the TIF District Ordinance ) of the City of Edwardsville, Kansas (the City ), and in order to promote, stimulate and develop the general and economic welfare of the City, the Governing Body of the City has established a redevelopment district (as amended and as described on Exhibit A, the Redevelopment District ); WHEREAS, pursuant to Ordinance No. 973 of the City, passed on January 9, 2017, and Ordinance No. 997 of the City, passed on July 9, 2018, the City has added area to the Redevelopment District and amended the redevelopment district plan to consist of four (4) redevelopment project areas; WHEREAS, pursuant to Ordinance No. 969 of the City, passed October 24, 2016, the City previously approved a redevelopment project plan for one of the original redevelopment project areas within the original Redevelopment District (the Original Project Plan ); WHEREAS, the City and the developer of the Original Project Plan have mutually determined that the Original Project Plan is no longer desirable or feasible; WHEREAS, the developer has proposed a new project plan (the Proposed Project Plan ) for the redevelopment of the project area within the Redevelopment District described on Exhibit B to this Resolution ( Project Area 3 ); WHEREAS, concurrently with consideration of the Proposed Project Plan, the Governing Body of the City will consider an Ordinance terminating the Original Project Plan; WHEREAS, a comprehensive feasibility study has been completed which: (a) indicates that the benefits, tax increment revenue and other available revenues under K.S.A (a)(1) expected to be derived from the redevelopment project described in the Proposed Project Plan are expected to exceed or be sufficient to pay for the redevelopment project costs; and (b) shows the effect, if any, the redevelopment project costs for the Proposed Project Plan will have on any outstanding special obligation bonds payable from the revenues described in K.S.A (a)(1)(D); WHEREAS, a copy of the Proposed Project Plan for Project Area 3 within the Redevelopment District has been delivered to the Board of County Commissioners of the Unified Government of Wyandotte County/Kansas City, Kansas, and the Board of Education of Unified School District No. 204 of Wyandotte County, Kansas, all in accordance with the Act; and Res. No July 23, 2018 Page 1 of 7

55 WHEREAS, the Planning Commission of the City has reviewed the Proposed Project Plan and has found and determined that the Proposed Project Plan is consistent with the intent of the comprehensive plan for development of the City; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EDWARDSVILLE, KANSAS, AS FOLLOWS: Section 1. A public hearing to consider adoption of the Proposed Project Plan shall be held on August 27, 2018, at 7:00 p.m. (or as soon thereafter as is practical), Central Daylight Saving Time, at City Hall, 690 South Fourth Street, Edwardsville, Kansas. The date of the public hearing is not less than 30 or more than 70 days after the date of this Resolution as required by K.S.A (a). Section 2. The Redevelopment District was created by the TIF District Ordinance passed by the City Council on June 27, 2016, and effective on June 30, 2016 (the publication date for the TIF District Ordinance), as amended by Ordinance No. 973 of the City, passed on January 9, 2017, and Ordinance No. 997 of the City, passed on July 9, The boundaries of the Redevelopment District are described on Exhibit A to this Resolution, and the boundaries of the proposed Project Area 3 are described on Exhibit B attached to this Resolution. A sketch delineating Project Area 3 within the Redevelopment District is also attached to this Resolution as Exhibit C. Section 3. The Proposed Project Plan, including a summary of the feasibility study, the relocation assistance plan, if required, and a description and map of the proposed Project Area 3, are available for inspection during regular business hours in the office of the Assistant City Manager/City Clerk of the City. There are no financial guarantees of the prospective developer. Section 4. A copy of this Resolution (including the Exhibits) shall be published once in the official City newspaper not less than one week or more than two weeks preceding the date fixed for the public hearing and sent by certified mail, return receipt requested, to the Board of Commissioners of the Unified Government of Wyandotte County/Kansas City, Kansas, and the Board of Education of Unified School District No. 204 of Wyandotte County, Kansas. Copies of this Resolution also shall be sent by certified mail, return receipt requested, to each owner and occupant of land within Project Area 3 not more than 10 days following the date of adoption of this Resolution. Section 5. This Resolution shall be in full force and effect from and after its adoption. PASSED AND APPROVED by the Governing Body for the City of Edwardsville, Kansas this 23 rd day of July, ATTEST: John McTaggart, Mayor Res. No July 23, 2018 Page 2 of 7

56 Zachary Daniel, Assistant City Manager/City Clerk Res. No July 23, 2018 Page 3 of 7

57 EXHIBIT A Legal Description of Redevelopment District All of Lots 1 & 2, Lustgraaf Acres, said lots being a replat of part of Tract 4 and Tract 5, the Norman Farms Subdivision and part of the Southeast Quarter of the Southwest Quarter, all in Section 11, Township 11 South, Range 23 East, City of Edwardsville, Wyandotte County, Kansas and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 11; thence North East, along the South line of the said Southwest Quarter, a distance of feet to the Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 11, said point being the POINT OF BEGINNING; thence North West, along the West line of said Quarter-Quarter, a distance of feet to the Southeast corner of Lot 2, said Lustgraaf Acres; thence South West (Measured South West, Platted) along the South line of said Lot 2, a distance of feet to the Westerly line of said Lot 2 and Easterly Line of 110th Street, as now exists; thence North West (Measured North East, Platted), along the Easterly line of said 110th Street and Westerly line of said Lot 2, a distance of feet; thence North East (Measured North East, Platted), continuing along the Easterly line of said 110th Street and Westerly line of said Lot 2 a distance of feet; thence North East (Measured North East, Platted), continuing along the Easterly line of said 110th Street and Westerly line of said Lot 2 and said Lot 1, a distance of feet to the Southerly line of Right of Way conveyed to the City of Kansas City, Kansas by Document No , recorded in Book 3744 at Page 543 in the Office of the Register of Deeds, Wyandotte County; thence North East, along said Southerly Right of Way, a distance of feet to the Southerly right of way of the Kansas Turnpike, said point being on the Northwest Corner of Lot 2, Lustgraaf Acres; thence North East (Measured, North East, Platted) along the North line of said Lot 2 and South line of said Turnpike, a distance of (Measured , Platted) feet to the Northeast Corner of said Lot 2; thence North East, continuing along the South line of said Turnpike, a distance of feet (Measured feet, Deeded) to the Northeast corner of Tract recorded as Document No. 2005R-20405, said point being monumented with a 1.5 inch iron bar; thence South East, along the Easterly line of said Tract, a distance of feet (Measured, feet, Deeded) to the South line of said Section 11; thence South West, along said South line, a distance of feet (Measured, 198 feet, Deeded) to the POINT OF BEGINNING, LESS AND EXCEPT All that part of Lot 2, Lustgraaf Acres, a Replat of part of Tract 4 and Tract 5, the Norman Farms Subdivision in Edwardsville, Wyandotte County, Kansas described as follows: Commencing at the Northeast corner of said Lot 2; thence South West (Measured - South 87 34' 00" West, Deeded), along the North line of said Lot 2, feet; thence South E (Measured - South 02 26' 00" East, Deeded) a distance of 9.17 feet to the POINT OF BEGINNING Res. No July 23, 2018 Page 4 of 7

58 of the tract to be herein described; thence South East (Measured - South 23 58' 55" East, Deeded) a distance of feet; thence South West, (Measured - South 78 49' 45" West, Deeded) a distance of feet; thence North West (Measured - North 01 34' 54" West, Deeded), a distance of feet (Measured feet, Deeded) POINT OF BEGINNING. The Net Tract Area containing 1,477,015.6 square feet or acres, more or less. AND Any and all public right-of-way immediately adjacent to the above-described land. Res. No July 23, 2018 Page 5 of 7

59 EXHIBIT B Legal Description of Project Area 3 Part of the Public Right of Way of Village South Parkway as dedicated by the Final Plat of Village South at Edwardsville, First Plat AND part of the Southeast Quarter of the Southwest Quarter of Section 11, Township 11 South, Range 23 East, City of Edwardsville, Wyandotte County, Kansas and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 11; thence North East, along the South line of said Southwest Quarter, a distance of feet to the Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 11, thence North West, along the West line of said Quarter-Quarter, a distance of feet to the intersection of said West line with the South line of Village South Parkway as now exists, said point being the POINT OF BEGINNING; thence North West, continuing along said West line, a distance of feet to the Southerly right of way of the Kansas Turnpike, thence North East along said South line, a distance of feet (Measured feet, Deeded) to the Northeast corner of Tract described in Document No. 2005R-20405, said point being monumented with a 1.5 inch iron bar; thence South East, along the Easterly line of said Tract, a distance of to the Southeast corner of said Village South Parkway; thence South West, along the South line thereof, a distance of to the POINT OF BEGINNING and containing 154, square feet or 3.54 acres, more or less. Res. No July 23, 2018 Page 6 of 7

60 EXHIBIT C Sketch of Project Area 3 Res. No July 23, 2018 Page 7 of 7

61 ITEM #5 TO: MAYOR & CITY COUNCIL FROM: MICHAEL WEBB, CITY MANAGER TYLER ELLSWORTH, SPECIAL COUNSEL DATE: JULY 23, 2018 SUBJECT: VILLAGE SOUTH CID PUBLIC HEARINGS RECOMMENDATION City Council to consider a series of resolutions providing for notice of public hearings on the advisability of creating three Community Improvement Districts related to the Village South at Edwardsville Project. FINANCIAL IMPACT The creation of the CIDs, following public hearings on or after August 27, 2018, will result in a self-imposed 1% sales tax within each district to fund eligible project expenses. BACKGROUND On October 24, 2016, the Governing Body passed Ordinance No. 970 creating the Village South at Edwardsville Community Improvement District. A Community Improvement District (or CID) allows a commercial property owner to petition the City to levy special assessments or impose up to an additional 2% sales tax within a CID to fund eligible project costs. Costs may include infrastructure, design, engineering, and construction related activities Since that time, the project has changed in several aspects. No development other than the installation of public improvements has occurred within the existing CID, and it no longer appears desirable or feasible to proceed with the existing CID. In order to facilitate the development of the project, the City has been asked to terminate the existing CID as well as establish three new CIDs located more or less within the area encompassed by the original CID. Each new CID will be associated with the creation of new Tax Increment Finance District Project Areas as was discussed in an earlier agenda item. The proposed TIF Project Plans for Areas 1-3 anticipates the creation of corresponding CIDs, each with a self-imposed 1% sales tax. Pursuant to K.S.A. 12-6a29(c), the City shall adopt resolutions calling public hearings to consider the creation of the requested CIDs. These public hearings would take place after the public hearings associated with the TIF Project Plan areas at the City Council s regular August 27, 2018 meeting. Staff recommends adoption of Resolutions , , and setting public hearings on the advisability of creating Edwardsville Community Improvement Districts 1-3 for the Village South at Edwardsville Project on August 27, Action on each of the three resolutions requires separate motions by the City Council.

62 RESOLUTION NO A RESOLUTION OF THE CITY OF EDWARDSVILLE, KANSAS, PROVIDING FOR NOTICE OF A PUBLIC HEARING CONCERNING THE ADVISABILITY OF THE CREATION OF A COMMUNITY IMPROVEMENT DISTRICT WITHIN THE CITY AND DECLARING THE INTENT OF THE CITY TO LEVY A COMMUNITY IMPROVEMENT DISTRICT SALES TAX PURSUANT TO K.S.A. 12-6a26 ET SEQ., AS AMENDED (CID 1). WHEREAS, pursuant to K.S.A. 12-6a26 et seq. (the Act ), the City of Edwardsville, Kansas (the City ), is authorized to create a community improvement district and to provide for financing of certain costs associated with a project within such community improvement district (a CID Project ); WHEREAS, upon proper petition, the Act further authorizes the City, in order to pay costs of any project which is a CID Project, to impose a community improvement district sales tax on the selling of tangible personal property at retail or the rendering or furnishing of services taxable pursuant to the Kansas retailers sales tax act within a community improvement district in any increment of.10% or.25% not to exceed 2.0% (a CID Sales Tax ) and to reimburse the costs of such project pursuant to pay-as-you-go financing and/or the issuance of special obligation notes and bonds payable from such community improvement district sales tax; WHEREAS, pursuant to the Act and Ordinance No. 970 of the City, passed on October 26, 2016, as amended by Ordinance No. 974 of the City, passed on January 9, 2017, the City previously created a community improvement district (the Original CID ); WHEREAS, the City and the developer of the Original CID have mutually determined that the Original CID is no longer desirable or feasible; WHEREAS, a petition (the Petition ) has been filed with the Assistant City Manager/City Clerk of the City proposing the creation of a new community improvement district pursuant to the Act, to be known as the Village South at Edwardsville Community Improvement District 1 (the CID ), the completion of a CID project within the CID as further described herein (the Project ), and the imposition of a CID Sales Tax to pay for a portion of the costs of the Project; WHEREAS, concurrently with consideration of the Petition and the CID, the Governing Body of the City will consider an Ordinance terminating the Original CID; WHEREAS, the proposed CID is located in the vicinity of the southeast corner of Interstate 70 and 110 th Street within the City; WHEREAS, the Petition was signed by the owners of record, whether resident or not, of more than 55% of assessed value of the land area contained within the proposed CID and by more than 55% percent of all owners of real property within the boundaries of the CID; WHEREAS, if the CID is created by the City and certain further conditions are met, the City intends to impose a 1.0% CID Sales Tax within the CID; and Res. No July 23, 2018 Page 1 of 6

63 WHEREAS, the Act provides that prior to creating any community improvement district, the City shall, by resolution, direct and order a public hearing on the advisability of creating such community improvement district and authorizing a CID Project therein and the intent of the City to levy a CID Sales Tax within such district and shall give notice of said public hearing in accordance with the Act; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EDWARDSVILLE, KANSAS, AS FOLLOWS: 1. Notice is hereby given that a public hearing to consider the advisability of the creation by the City of the CID and the imposition by the City of a 1.0% CID Sales Tax within the CID shall be held on August 27, 2018, at 7:00 p.m. (or as soon thereafter as is practical), Central Daylight Saving Time, at City Hall, 690 South Fourth Street, Edwardsville, Kansas. 2. The general nature of the proposed Project to be constructed within the proposed CID is set forth on Exhibit A attached hereto. 3. The estimated cost of the Project is $19,225, The Project within the proposed CID will be financed, in part, on a pay-as-you-go basis from revenues received from the imposition of a 1.0% CID Sales Tax within the proposed CID, in part from private equity and debt, and, if requested by the developer of the CID and agreed to by the City, in part through the issuance of special obligation bonds or notes. No special assessments are proposed as part of the CID. 5. A legal description of the proposed CID is set forth on Exhibit B attached hereto. A map generally outlining the boundaries of the proposed CID (labeled CID 1 thereon) is attached hereto as Exhibit C. 6. The Assistant City Manager/City Clerk shall give notice of the public hearing in accordance with the provisions of the Act by publishing this resolution at least once each week for two consecutive weeks in the official City newspaper and sending this resolution by certified mail to all owners. The second publication of this resolution shall occur at least seven days prior to the date of hearing and the certified mailed notice shall be sent at least ten days prior to the date of hearing. Res. No July 23, 2018 Page 2 of 6

64 PASSED AND APPROVED by the Governing Body for the City of Edwardsville, Kansas this 23 rd day of July, John McTaggart, Mayor ATTEST: Zachary Daniel, Assistant City Manager/City Clerk Res. No July 23, 2018 Page 3 of 6

65 EXHIBIT A GENERAL NATURE OF THE PROPOSED PROJECT To acquire, redevelop and improve certain property located generally at or in the vicinity of the southeast corner of Interstate 70 and 110th Street in the City of Edwardsville, Kansas. The Project may be described in a general manner as consisting of: (a) one retail component; (b) a fast food restaurant; (c) a convenience store; and/or (d) other commercial uses; along with (e) accompanying parking facilities; and (f) such associated site work, infrastructure, utilities, storm water control, access, street improvements, landscaping, lighting, and other associated and appurtenant structures and facilities to the extent permitted under the City s Community Improvement District (CID) Policy. Res. No July 23, 2018 Page 4 of 6

66 EXHIBIT B LEGAL DESCRIPTION OF THE PROPOSED COMMUNITY IMPROVEMENT DISTRICT Part of Lots 1 & 2, Lustgraaf Acres, said lots being a replat of part of Tract 4 and Tract 5, the Norman Farms Subdivision AND part of the Public Right of Way of Village South Parkway as dedicated by the Final Plat of Village South at Edwardsville, First Plat, all in the Southwest Quarter of Section 11, Township 11 South, Range 23 East, City of Edwardsville, Wyandotte County, Kansas and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 11; thence North East, along the South line of said Southwest Quarter, a distance of feet to the Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 11; thence North West, along the West line of said Quarter-Quarter, a distance of feet to the Southeast corner of Lot 2, said Lustgraaf Acres; thence South West (Measured South West, Platted) along the South line of said Lot 2, a distance of feet to the POINT OF BEGINNING; thence South West (Measured South West, Platted) continuing along the South line of said Lot 2, a distance of feet to the Westerly line of said Lot 2 and Easterly Line of 110th Street, as now exists; thence North West (Measured North East, Platted), along the Easterly line of said 110th Street and Westerly line of said Lot 2, a distance of feet; thence North East (Measured North East, Platted), continuing along the Easterly line of said 110th Street and Westerly line of said Lot 2 a distance of feet; thence North East (Measured North East, Platted), continuing along the Easterly line of said 110th Street and Westerly line of said Lot 2 and said Lot 1, a distance of feet to the Southerly line of Right of Way conveyed to the City of Kansas City, Kansas by Document No , recorded in Book 3744 at Page 543 in the Office of the Register of Deeds, Wyandotte County; thence North East, along said Southerly Right of Way, a distance of feet to the Northwest corner of Lot 3, Village South at Edwardsville, First Plat; thence South E along said South line, a distance of feet to the intersection of said West line with the South line Village South Parkway, as now exists; thence North East, along said South line, a distance of 4.78 feet; thence South East, departing said South line, a distance of feet to the POINT OF BEGINNING and containing 289, sq. ft. or 6.64 acres, more or less. Res. No July 23, 2018 Page 5 of 6

67 EXHIBIT C MAP OF THE PROPOSED COMMUNITY IMPROVEMENT DISTRICT Res. No July 23, 2018 Page 6 of 6

68 RESOLUTION NO A RESOLUTION OF THE CITY OF EDWARDSVILLE, KANSAS, PROVIDING FOR NOTICE OF A PUBLIC HEARING CONCERNING THE ADVISABILITY OF THE CREATION OF A COMMUNITY IMPROVEMENT DISTRICT WITHIN THE CITY AND DECLARING THE INTENT OF THE CITY TO LEVY A COMMUNITY IMPROVEMENT DISTRICT SALES TAX PURSUANT TO K.S.A. 12-6a26 ET SEQ., AS AMENDED (CID 2). WHEREAS, pursuant to K.S.A. 12-6a26 et seq. (the Act ), the City of Edwardsville, Kansas (the City ), is authorized to create a community improvement district and to provide for financing of certain costs associated with a project within such community improvement district (a CID Project ); WHEREAS, upon proper petition, the Act further authorizes the City, in order to pay costs of any project which is a CID Project, to impose a community improvement district sales tax on the selling of tangible personal property at retail or the rendering or furnishing of services taxable pursuant to the Kansas retailers sales tax act within a community improvement district in any increment of.10% or.25% not to exceed 2.0% (a CID Sales Tax ) and to reimburse the costs of such project pursuant to pay-as-you-go financing and/or the issuance of special obligation notes and bonds payable from such community improvement district sales tax; WHEREAS, pursuant to the Act and Ordinance No. 970 of the City, passed on October 26, 2016, as amended by Ordinance No. 974 of the City, passed on January 9, 2017, the City previously created a community improvement district (the Original CID ); WHEREAS, the City and the developer of the Original CID have mutually determined that the Original CID is no longer desirable or feasible; WHEREAS, a petition (the Petition ) has been filed with the Assistant City Manager/City Clerk of the City proposing the creation of a new community improvement district pursuant to the Act, to be known as the Village South at Edwardsville Community Improvement District 2 (the CID ), the completion of a CID project within the CID as further described herein (the Project ), and the imposition of a CID Sales Tax to pay for a portion of the costs of the Project; WHEREAS, concurrently with consideration of the Petition and the CID, the Governing Body of the City will consider an Ordinance terminating the Original CID; WHEREAS, the proposed CID is located in the vicinity of the southeast corner of Interstate 70 and 110 th Street within the City; WHEREAS, the Petition was signed by the owners of record, whether resident or not, of more than 55% of assessed value of the land area contained within the proposed CID and by more than 55% percent of all owners of real property within the boundaries of the CID; WHEREAS, if the CID is created by the City and certain further conditions are met, the City intends to impose a 1.0% CID Sales Tax within the CID; and Res. No July 23, 2018 Page 1 of 7

69 WHEREAS, the Act provides that prior to creating any community improvement district, the City shall, by resolution, direct and order a public hearing on the advisability of creating such community improvement district and authorizing a CID Project therein and the intent of the City to levy a CID Sales Tax within such district and shall give notice of said public hearing in accordance with the Act; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EDWARDSVILLE, KANSAS, AS FOLLOWS: 1. Notice is hereby given that a public hearing to consider the advisability of the creation by the City of the CID and the imposition by the City of a 1.0% CID Sales Tax within the CID shall be held on August 27, 2018, at 7:00 p.m. (or as soon thereafter as is practical), Central Daylight Saving Time, at City Hall, 690 South Fourth Street, Edwardsville, Kansas. 2. The general nature of the proposed Project to be constructed within the proposed CID is set forth on Exhibit A attached hereto. 3. The estimated cost of the Project is $63,392, The Project within the proposed CID will be financed, in part, from the issuance of special obligation bonds or notes payable from revenues received from the imposition of a 1.0% CID Sales Tax within the proposed CID, in part on a pay-as-you-go basis from the imposition of such 1.0% CID Sales Tax, and in part from private equity and debt. No special assessments are proposed as part of the CID. 5. A legal description of the proposed CID is set forth on Exhibit B attached hereto. A map generally outlining the boundaries of the proposed CID (labeled CID 2 thereon) is attached hereto as Exhibit C. 6. The Assistant City Manager/City Clerk shall give notice of the public hearing in accordance with the provisions of the Act by publishing this resolution at least once each week for two consecutive weeks in the official City newspaper and sending this resolution by certified mail to all owners. The second publication of this resolution shall occur at least seven days prior to the date of hearing and the certified mailed notice shall be sent at least ten days prior to the date of hearing. Res. No July 23, 2018 Page 2 of 7

70 PASSED AND APPROVED by the Governing Body for the City of Edwardsville, Kansas this 23 rd day of July, John McTaggart, Mayor ATTEST: Zachary Daniel, Assistant City Manager/City Clerk Res. No July 23, 2018 Page 3 of 7

71 EXHIBIT A GENERAL NATURE OF THE PROPOSED PROJECT To acquire, redevelop and improve certain property located generally at or in the vicinity of the southeast corner of Interstate 70 and 110th Street in the City of Edwardsville, Kansas. The Project may be described in a general manner as consisting of: (a) one hotel containing approximately 207 rooms; (b) a conference center/meeting space; (c) a restaurant; and/or (d) other commercial uses; along with (e) accompanying parking facilities; and (f) associated site work, infrastructure, utilities, storm water control, access, street improvements, landscaping, lighting, and other associated and appurtenant structures and facilities to the extent permitted under the City s Community Improvement District (CID) Policy. Res. No July 23, 2018 Page 4 of 7

72 EXHIBIT B LEGAL DESCRIPTION OF THE PROPOSED COMMUNITY IMPROVEMENT DISTRICT All of Lot 3 and Tract A, Village South at Edwardsville, First Plat and part of the Public Right of Way of Village South Parkway as dedicated by the Final Plat of Village South at Edwardsville, First Plat AND part of Lot 2, Lustgraaf Acres, being a replat of part of Tract 4 and Tract 5, the Norman Farms Subdivision, all in the Southwest Quarter of Section 11, Township 11 South, Range 23 East, City of Edwardsville, Wyandotte County, Kansas and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 11; thence North East, along the South line of said Southwest Quarter, a distance of feet to the Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 11, thence North West, along the West line of said Quarter-Quarter, a distance of feet to the Southeast corner of Lot 2, said Lustgraaf Acres; thence South West (Measured South West, Platted) along the South line of said Lot 2, a distance of feet; thence North West, a distance of feet to a point on the South line of Village South Parkway as now exists, said point being the POINT OF BEGINNING; thence South West, continuing along said South line, a distance of 4.78 feet to the intersection of said South line with the West line of Lot 3 (extended), of Village South at Edwardsville, First Plat; thence North West along said West line, a distance of feet to the Northwest Corner of said Lot 3, said point being on the Southerly line of Right of Way conveyed to the City of Kansas City, Kansas by Document No , recorded in Book 3744 at Page 543 in the Office of the Register of Deeds, Wyandotte County; thence North East, along said Southerly Right of Way and along the North line of said Lot 3, a distance of feet to the Southerly right of way of the Kansas Turnpike, thence North East along the North line of Lot 3 and Tract A, of said Village South at Edwardsville, First Plat and Lot 2, Lustgraaf Acres, and South line of said Turnpike, a distance of feet to the Northeast Corner of said Lot 2, Lustgraaf Acres; thence South East, along the East line thereof, also being the West line of the Southeast Quarter of the Southwest Quarter of Section 11, Township 11, Range 23, a distance of feet to the intersection of said West line with the South line of Village South Parkway as now exists; thence South West, along said South line, a distance of feet to the POINT OF BEGINNING; LESS AND EXCEPT (Billboard Tract) All that part of Lot 2, Lustgraaf Acres, a Replat of part of Tract 4 and Tract 5, the Norman Farms Subdivision in Edwardsville, Wyandotte County, Kansas described as follows: Commencing at the Northeast corner of said Lot 2; thence South West (Measured - South 87 34' 00" West, Deeded), along the North line of said Lot 2, feet; thence South E (Measured - South 02 26' 00" East, Deeded) a distance of 9.17 feet to the POINT OF BEGINNING of the tract to be herein described; thence South East (Measured - South 23 58' 55" East, Deeded) a distance of feet; thence South West, (Measured - Res. No July 23, 2018 Page 5 of 7

73 South 78 49' 45" West, Deeded) a distance of feet; thence North West (Measured - North 01 34' 54" West, Deeded), a distance of feet (Measured feet, Deeded) POINT OF BEGINNING. The Net Tract Area containing 681, square feet or acres, more or less. Res. No July 23, 2018 Page 6 of 7

74 EXHIBIT C MAP OF THE PROPOSED COMMUNITY IMPROVEMENT DISTRICT Res. No July 23, 2018 Page 7 of 7

75 RESOLUTION NO A RESOLUTION OF THE CITY OF EDWARDSVILLE, KANSAS, PROVIDING FOR NOTICE OF A PUBLIC HEARING CONCERNING THE ADVISABILITY OF THE CREATION OF A COMMUNITY IMPROVEMENT DISTRICT WITHIN THE CITY AND DECLARING THE INTENT OF THE CITY TO LEVY A COMMUNITY IMPROVEMENT DISTRICT SALES TAX PURSUANT TO K.S.A. 12-6a26 ET SEQ., AS AMENDED (CID 3). WHEREAS, pursuant to K.S.A. 12-6a26 et seq. (the Act ), the City of Edwardsville, Kansas (the City ), is authorized to create a community improvement district and to provide for financing of certain costs associated with a project within such community improvement district (a CID Project ); WHEREAS, upon proper petition, the Act further authorizes the City, in order to pay costs of any project which is a CID Project, to impose a community improvement district sales tax on the selling of tangible personal property at retail or the rendering or furnishing of services taxable pursuant to the Kansas retailers sales tax act within a community improvement district in any increment of.10% or.25% not to exceed 2.0% (a CID Sales Tax ) and to reimburse the costs of such project pursuant to pay-as-you-go financing and/or the issuance of special obligation notes and bonds payable from such community improvement district sales tax; WHEREAS, pursuant to the Act and Ordinance No. 970 of the City, passed on October 26, 2016, as amended by Ordinance No. 974 of the City, passed on January 9, 2017, the City previously created a community improvement district (the Original CID ); WHEREAS, the City and the developer of the Original CID have mutually determined that the Original CID is no longer desirable or feasible; WHEREAS, a petition (the Petition ) has been filed with the Assistant City Manager/City Clerk of the City proposing the creation of a new community improvement district pursuant to the Act, to be known as the Village South at Edwardsville Community Improvement District 3 (the CID ), the completion of a CID project within the CID as further described herein (the Project ), and the imposition of a CID Sales Tax to pay for a portion of the costs of the Project; WHEREAS, concurrently with consideration of the Petition and the CID, the Governing Body of the City will consider an Ordinance terminating the Original CID; WHEREAS, the proposed CID is located in the vicinity of the southeast corner of Interstate 70 and 110 th Street within the City; WHEREAS, the Petition was signed by the owners of record, whether resident or not, of more than 55% of assessed value of the land area contained within the proposed CID and by more than 55% percent of all owners of real property within the boundaries of the CID; WHEREAS, if the CID is created by the City and certain further conditions are met, the City intends to impose a 1.0% CID Sales Tax within the CID; and Res. No July 23, 2018 Page 1 of 6

76 WHEREAS, the Act provides that prior to creating any community improvement district, the City shall, by resolution, direct and order a public hearing on the advisability of creating such community improvement district and authorizing a CID Project therein and the intent of the City to levy a CID Sales Tax within such district and shall give notice of said public hearing in accordance with the Act; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EDWARDSVILLE, KANSAS, AS FOLLOWS: 1. Notice is hereby given that a public hearing to consider the advisability of the creation by the City of the CID and the imposition by the City of a 1.0% CID Sales Tax within the CID shall be held on August 27, 2018, at 7:00 p.m. (or as soon thereafter as is practical), Central Daylight Saving Time, at City Hall, 690 South Fourth Street, Edwardsville, Kansas. 2. The general nature of the proposed Project to be constructed within the proposed CID is set forth on Exhibit A attached hereto. 3. The estimated cost of the Project is $13,166, The Project within the proposed CID will be financed, in part, on a pay-as-you-go basis from revenues received from the imposition of a 1.0% CID Sales Tax within the proposed CID, in part from private equity and debt, and, if requested by the developer of the CID and agreed to by the City, in part through the issuance of special obligation bonds or notes. No special assessments are proposed as part of the CID. 5. A legal description of the proposed CID is set forth on Exhibit B attached hereto. A map generally outlining the boundaries of the proposed CID (labeled CID 3 thereon) is attached hereto as Exhibit C. 6. The Assistant City Manager/City Clerk shall give notice of the public hearing in accordance with the provisions of the Act by publishing this resolution at least once each week for two consecutive weeks in the official City newspaper and sending this resolution by certified mail to all owners. The second publication of this resolution shall occur at least seven days prior to the date of hearing and the certified mailed notice shall be sent at least ten days prior to the date of hearing. Res. No July 23, 2018 Page 2 of 6

77 PASSED AND APPROVED by the Governing Body for the City of Edwardsville, Kansas this 23 rd day of July, John McTaggart, Mayor ATTEST: Zachary Daniel, Assistant City Manager/City Clerk Res. No July 23, 2018 Page 3 of 6

78 EXHIBIT A GENERAL NATURE OF THE PROPOSED PROJECT To acquire, redevelop and improve certain property located generally at or in the vicinity of the southeast corner of Interstate 70 and 110th Street in the City of Edwardsville, Kansas. The Project may be described in a general manner as consisting of: (a) one retail component; and/or (b) other commercial uses; along with (c) accompanying parking facilities; and (d) such associated site work, infrastructure, utilities, storm water control, access, street improvements, landscaping, lighting, and other associated and appurtenant structures and facilities to the extent permitted under the City s Community Improvement District (CID) Policy. Res. No July 23, 2018 Page 4 of 6

79 EXHIBIT B LEGAL DESCRIPTION OF THE PROPOSED COMMUNITY IMPROVEMENT DISTRICT Part of the Public Right of Way of Village South Parkway as dedicated by the Final Plat of Village South at Edwardsville, First Plat AND part of the Southeast Quarter of the Southwest Quarter of Section 11, Township 11 South, Range 23 East, City of Edwardsville, Wyandotte County, Kansas and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 11; thence North East, along the South line of said Southwest Quarter, a distance of feet to the Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 11, thence North West, along the West line of said Quarter-Quarter, a distance of feet to the intersection of said West line with the South line of Village South Parkway as now exists, said point being the POINT OF BEGINNING; thence North West, continuing along said West line, a distance of feet to the Southerly right of way of the Kansas Turnpike, thence North East along said South line, a distance of feet (Measured feet, Deeded) to the Northeast corner of Tract described in Document No. 2005R-20405, said point being monumented with a 1.5 inch iron bar; thence South East, along the Easterly line of said Tract, a distance of to the Southeast corner of said Village South Parkway; thence South West, along the South line thereof, a distance of to the POINT OF BEGINNING and containing 154, square feet or 3.54 acres, more or less. Res. No July 23, 2018 Page 5 of 6

80 EXHIBIT C MAP OF THE PROPOSED COMMUNITY IMPROVEMENT DISTRICT Res. No July 23, 2018 Page 6 of 6

81 ITEMS #6 & 7 TO: MAYOR & CITY COUNCIL FROM: MICHAEL WEBB, CITY MANAGER MARK MATHIES, POLICE CHIEF DATE: JULY 23, 2018 SUBJECT: 2018 STO & UPOC ADOPTION RECOMMENDATION Staff recommends adoption of Ordinance No. 999 adopting the 2018 Standard Traffic Ordinance and Ordinance No adopting the 2018 Uniform Public Offense Code for Kansas Cities. FINANCIAL IMPACT Generally, the STO and UPOC establish fines based on class of violation, which ranges from $500 to $2,500 unless otherwise stated. BACKGROUND The Standard Traffic Ordinance (STO) and Uniform Public Offense Code for Kansas Cities (UPOC) have been published by the League of Municipalities since Each is designed to provide a comprehensive public offense ordinance for Kansas cities. They do not take effect in a city until the governing body has passed and published separate ordinances incorporating them by reference. These incorporating ordinances may add, delete, modify, or change articles, sections, parts, or portions thereof which the governing body feels are necessary for the City. City staff has reviewed existing City ordinances in comparison to those detailed in the 2018 STO and UPOC. Staff is recommending several changes in addition to the standard changes from previous years including repealing Code of Ordinance sections and as these would conflict with new Sections and of the UPOC. Staff is also recommending an amendment to Section 10.5(b)(3) regarding the discharge of firearms within the city limits. The proposed amendment is in keeping with previous discussions about permitting limited hunting within the city similar to our amendments in 10.6 that allows the use of non-firearms (i.e. bow and arrow) for such activities within certain areas of the City. The 2018 UPOC also has added a new Section 6.8 regarding criminal littering along with a graduating fine schedule that can reach up to $4,000 per occurrence. In closing, staff recommends adoption of Ordinance No. 999 and Ordinance No through separate votes of the City Council.

82 ORDINANCE NO. 999 AN ORDINANCE REGULATING TRAFFIC WITHIN THE CORPORATE LIMITS OF THE CITY OF EDWARDSVILLE, KANSAS, AS SET OUT IN CHAPTER 12, TRAFFIC AND VEHICLES, OF THE CODE OF THE CITY OF EDWARDSVILLE, KANSAS ( CODE ), BY AMENDING CODE SECTION AND INCORPORATING BY REFERENCE THE STANDARD TRAFFIC ORDINANCE FOR KANSAS CITIES, 2018, WITH CERTAIN OMISSIONS, CHANGES, AND ADDITIONS, AND REPEALING EXISTING CODE SECTION BE IT ORDAINED by the Governing Body of the City of Edwardsville, Kansas: Section 1. Code section is hereby amended to read: INCORPORATING STANDARD TRAFFIC ORDINANCE. To regulate traffic within the corporate limits of the City of Edwardsville, Kansas, there is hereby incorporated, by reference, the Standard Traffic Ordinance for Kansas Cities, 2017 (hereinafter referred to as STO ), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions thereof which are hereafter omitted, deleted, modified, or changed. No less than three copies of the STO will be marked or stamped Official Copy, As Adopted by Ordinance No. 999; all sections or portions thereof that are to be omitted or changed will be clearly marked; and a copy of this ordinance will be attached thereto and filed with the City Clerk, to be available to the public for inspection at all reasonable hours. Section 33, Maximum Speed Limits, of the STO is hereby amended to read as follows: Sec. 33. Maximum Speed Limits (a) Except as provided in subsection (b), and except when a special hazard exists that requires lower speed for compliance with K.S.A (section 32 of the Standard Traffic Ordinance for Kansas Cities, 2018 ), and amendments thereto, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle at a speed in excess of such maximum limits: 1.0 Ten (10) miles per hour: in any park. 1.5 Fifteen (15) miles per hour. Pursuant to the agreement with the owner thereof, on any street that is open to public use within the area of the mobile home park that is bounded by Fourth Street to the east, Mission Creek Drive to the west, Williamson Street to the north, and White Street to the south. 2.0 Twenty (20) miles per hour: As posted in the designated school zone of South 104 th Street beginning 100 feet northeast of the centerline of 4 th Street; thence north on South 104 th Street to 690 feet north of the most northern property line of 1700 South 104 th Street, Edwardsville School, between the hours of 7:45 A.M. and 8:45 A.M., and between the hours of 3:00 P.M. and 4:00 P.M. on regular school days as designated by the school calendar of the Edwardsville School; on

83 5 th, 6 th, 7 th, and 8 th sstreets south of K-32 Highway; on Newton Street; on Beach Street; on Kansas Avenue from 110 th Street west to the western city limits; on 110 th Street south of Kansas Avenue; on Trant Street from 4 th Street to 9 th Street; and in any business district not otherwise designated. 2.5 Twenty-five (25) miles per hour: On 5 th and 7 th sstreets north of K-32 Highway; on High Street; on Blake Street from 4 th Street to the City Park; on 4 th Street from the railroad tracks south to the southern City Limits; on 11 th Street; on Orchard Street; on Shearer Road; on Crestwood Street; on Steele Road; and on Shawnee Street from Edwardsville Drive to 106 th Street. 3.0 Thirty (30) miles per hour: On 96 th Street; on 4 th Street from K-32 Highway north to Edwardsville Drive; on Riverview; and in any urban, non-business district not otherwise designated. 3.5 Thirty-five (35) miles per hour: On Edwardsville Drive from 4 th Street north to Kansas Avenue; on Woodend Road from 98 th Street to 9 th Street. 4.0 Reserved. 4.5 Forty-five (45) miles per hour. On K-32 highway beginning miles east of the intersection of the section line common to Sections 26 and 27, T-11-S, R- 23-E, and the centerline of the said highway, and continuing thence easterly for a total Distance of 0.37 miles; on Woodend Road from the Eastern City limits to 98 th Street; and on 110 th Street from the northern City Limits south to Kansas Avenue. 5.0 Reserved. 5.5 Fifty-five (55) miles per hour. On K-32 Highway, in all areas not forty-five (45) miles per hour as set out in Section 4.5 above. 6.0 Reserved. 6.5 Sixty-five (65) miles per hour. On all other highways except for any separated multi-lane highway, so designated and posted by the Secretary of Transportation. 7.0 Reserved. 7.5 Seventy-five (75) miles per hour. On any separated, multi-laned highway as designated and posted by the Secretary of Transportation. (b) No person shall drive a school bus to or from school, or interschool or intraschool functions or activities, at a speed in excess of the maximum speed limits provided in subsection (a), except that the board of education of any school district may establish by board policy lower maximum speed limits for the operation of such district's school buses. The provisions of this subsection relating to school buses shall apply to buses used for the transportation of students enrolled in community colleges or area vocational schools, when such buses are transporting students to or from school, or functions or activities.

84 (c) The maximum speed limits established by or pursuant to this section may be altered as authorized in K.S.A and and amendments thereto. Section 101 of the STO is hereby amended to read as follows: Section 101. Failure to Comply with Traffic Citation Attached to a Parked Vehicle. If a violator of restrictions on stopping, standing or parking does not appear in response to a traffic citation that is affixed to a motor vehicle that gives notice for the violator to appear in municipal court on a prescribed date to answer the citation, the clerk of the court shall send a letter informing the owner of the violation and that if the notice is disregarded for a period of thirty (30) days, a warrant of arrest shall be issued for the owner. For the purpose of this section, owner includes an individual and, if the motor vehicle is owned by a business enterprise, owner will include the general or business manager, managing partner, president, or owner of the enterprise. Section 136, Use of Coasters, Roller Skates and Similar Devices Restricted, of the STO is hereby amended as follows: Section 136. Use of Coasters, Roller Skates and Similar Devices Restricted (a) No person upon roller skates, or riding in or by means of any coaster, roller blades, skateboard, or similar device shall operate such device upon: (1) any roadway, street or highway, except when the roadway is temporarily designed as a play street; or (2) any public tennis or futsal court; or (3) any private or public parking lot or area where signs are posted, in accordance with this section, giving notice that operation of such devices is prohibited. The provisions of this subsection shall not be applicable to any private or public parking lot or area unless the following signage is clearly and properly posted at all entrances to said private or public parking lot or area: NOTICE PURSUANT TO MUNICIPAL ORDINANCE, NO ROLLER SKATES, COASTER, ROLLER BLADES, SKATEBOARDS OR SIMILAR DEVICE MAY BE OPERATED IN THIS PARKING LOT OR AREA. CONVICTION OF A VIOLATION OF THIS SECTION SHALL RESULT IN A FINE IN ACCORDANCE WITH SECTION OF THE CODE OF ORDINANCES. (b) Except as otherwise provided in section (c) hereof, use of roller blades, skates, or skateboards is permissible on trails and sidewalks unless otherwise posted. (c) Whenever a person is operating such a device in any area or place where such use is permitted, such person shall yield the right of way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.

85 (d) Any person found guilty of a violation of this section shall be fined in accordance with Section of the Code of Ordinances. Section 2. Code Section as previously adopted pursuant to Ordinance numbered 984, and any other provisions in conflict with those expressed or incorporated by reference in the instant ordinance, are hereby repealed. Section 3. This Ordinance shall take effect and be in force from and after its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF EDWARDSVILLE, KANSAS ON THIS 23 rd DAY OF JULY, John McTaggart, Mayor ATTEST: Zachary Daniel, City Clerk APPROVED AS TO FORM: Lisa Dehon, City Attorney

86 ORDINANCE NO AN ORDINANCE REGULATING PUBLIC OFFENSES WITHIN THE CORPORATE LIMITS OF THE CITY OF EDWARDSVILLE, KANSAS, BY AMENDING CHAPTER 8, PUBLIC OFFENSES AND NUISANCES, ARTICLE I, UNIFORM PUBLIC OFFENSE CODE, OF THE CODE OF THE CITY OF EDWARDSVILLE, KANSAS ( CODE ), AND INCORPORATING BY REFERENCE THE UNIFORM PUBLIC OFFENSE CODE FOR KANSAS CITIES, 2018, WITH CERTAIN OMISSIONS, CHANGES, AND ADDITIONS; PROVIDING CERTAIN PENALTIES; AND REPEALING CONFLICTING EXISTING CODE SECTIONS , AND OF THE CODE OF ORDINANCES OF THE CITY OF EDWARDSVILLE, KANSAS (CODE OF ORDINANCES). BE IT ORDAINED by the Governing Body of the City of Edwardsville, Kansas: Section 1. Code section is hereby amended to read as follows: INCORPORATING PUBLIC OFFENSE CODE. There is hereby incorporated by reference, for the purpose of regulating public offenses within the corporate limits of the City of Edwardsville, Kansas, that certain code known as the Uniform Public Offense Code for Kansas Cities, 2018 (herein referred to as the UPOC ), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. One copy of the UPOC will be marked Official Copy as Adopted by Ordinance No. 1000; all sections or portions thereof which are to be omitted or changed will be clearly marked; and a copy of this ordinance will be attached thereto and filed with City Clerk, to be available to the public for inspection at all reasonable hours. Section 10.5(b)(3), UNLAWFUL DISCHARGE OF A FIREARM, is hereby amended to read as follows: (3) The firearm is classified as a shotgun with a barrel diameter no greater than 12-guage and is discharged to lawfully take wildlife unless prohibited by the department of wildlife, parks and tourism or the governing body of the city. The discharge may only be within an established shoot zone as defined in Section 10.6(c) of the UPOC, as amended. Section 10.6, AIR GUN, AIR RIFLE, BOW AND ARROW, SLINGSHOT, BB GUN, OR PAINTBALL GUN, of the UPOC is hereby amended to read as follows: 10.6 AIR GUN, AIR RIFLE, BOW AND ARROW, SLINGSHOT, BB GUN, OR PAINTBALL GUN. The unlawful operation of an air gun, air rifle, bow and arrow, slingshot, BB gun or paint ball gun is the shooting, discharging or operating of any air gun, air rifle, bow and arrow, slingshot, BB gun or paintball gun, within the city, except within the confines of a building or other structure from which the projectiles cannot escape.

87 10.6 (a) Notwithstanding any provisions of section 10.1(a) of the Uniform Public Offense Code, it shall be unlawful for any person to shoot, discharge or otherwise operate any bow and arrow, air gun, air rifle, BB gun, slingshot, or paintball gun within the city limits except within designated shoot zones or within the confines of a building or other structure from which the projectiles cannot escape (b) Bow hunting. It shall be unlawful for any person: (1) To engage in bow hunting if done in violation of state laws and regulations governing hunting; (2) To bow hunt outside of the designated shoot zone; (3) To bow hunt upon and within a continuous tract of land less than 3 acres in size; (4) To bow hunt within the designated shoot zone without obtaining written permission from the landowner(s) or their designee upon whose land the hunting is to take place if the land is not owned by the hunter; (5) To not have a landowner s written permission in their possession at all times while hunting, if hunting upon any land not owned by the hunter (c) Shoot zones. The designated shoot zone shall be as identified by the city and as set forth in the map incorporated herein by reference, a copy of which is attached hereto (d) Penalties. Any violation of this Section is a class B violation for which the minimum fine shall be $ Section 10.13, BARBED WIRE, of the UPOC is hereby amended to read as follows: BARBED WIRE. It shall be unlawful for any person or entity to construct, set up or maintain any barbed wire or barbed wire fence or enclosure within the city except as set forth in of the Code of Ordinances. Section 2. Section of the Code of Ordinances is hereby repealed in its entirety. Section 3. Section of the Code of Ordinances is hereby repealed in its entirety Section 4. Code section as previously adopted pursuant to ordinance numbered 985, and any other provisions in conflict with those expressed or incorporated by reference in the instant ordinance, are hereby repealed. Section 5. This Ordinance shall take effect and be in force from and after its passage and publication as required by law. Ordinance No July 23, 2018 Page 2 of 3

88 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF EDWARDSVILLE, KANSAS ON THIS 23 rd DAY OF JULY, John McTaggart, Mayor ATTEST: Zachary Daniel, Assistant City Manager/City Clerk APPROVED AS TO FORM: Lisa Dehon, City Attorney Ordinance No July 23, 2018 Page 3 of 3

89 Ordinance No Attachment A Shoot Zone No Shoot Zone