Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

Mayor William M. Quitmeier called the meeting to order at 7:05 p.m. in the Board Room of City Hall.

Ward 1 Alderman Jack Friedman - present

Ward 1 Alderman Charlie Poole - present

Ward 2 Alderman David McCoy - present

Ward 2 Alderman Dave Rittman - present

Ward 3 Alderman Marvin Ferguson - present

Ward 3 Alderman Linda Arnold - present

Ward 4 Alderman Gerry Richardson - present

Ward 4 Alderman Brian Atkinson - present

ALSO PRESENT: Ward 4 Alderman-Elect Frank McCoy

Municipal Court Judge Sandra Ferguson

City Administrator Patrick Hawver

Police Chief Bill Hudson

Director of Public Works Jeff Rupp

Superintendent of Streets Alan Schank

Parkville Chamber of Commerce President Deborah Butcher

Resident Dana McCoy

Martha Zirschky for Platte Dispatch

Ed Gault and Paul Giarratana for Parkville Government Channel 2

ALDERMAN FERGUSON MOVED TO APPROVE THE MINUTES OF THE APRIL 4^th MEETING AS PUBLISHED; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1885, CANVASSING THE ELECTION OF APRIL 4^th, 2000, BE APPROVED FOR FIRST READING; ALDERMAN RICHARDSON SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1885 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1885 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 1870; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Mayor Quitmeier made an award to Alderman Richardson, who had not filed for re-election. The award thanked him for meaningful service to the city, and the mayor added that he always did what he thought was right.

City Clerk Barbara Lance administered the oath of office to the following newly elected or re-elected officials:

Mayor William Quitmeier, Judge Sandra Ferguson, Ward 1 Alderman Jack Friedman, Ward 2 Alderman David McCoy, Ward 3 Alderman Linda Arnold, and Ward 4 Alderman Frank McCoy. Mayor Quitmeier welcomed Alderman Frank McCoy to the board.

KANSAS CITY, KANSAS, POLICE FIRING RANGE: The mayor said while going door to door in the election campaign, and in a verbal report from Alderman Poole, he has received complaints about gunfire at the police firing range across the river. He contacted the office of Wyandotte County/Kansas City Kansas Unified Government Mayor Carol Marinovich, and his call was returned by the acting chief of police. Last Saturday the Kansas National Guard did their shooting there, so the noise was increased significantly. The Police Department of the City of Kansas City, Kansas, located its gun range as far away from its residents as possible, not realizing what a drastic impact it would have on the residents of Parkville. They are willing to talk with us and try to come up with solutions.

TORNADO SIREN: The mayor and Mr. Hawver have looked into this issue at considerable length. He asked Mr. Hawver to report on his recent conversation with officials of Lee’s Summit. Mr. Hawver said Lee’s Summit is one of the largest land area municipalities in the state. That city stopped purchasing tornado sirens after they got to 17. (To continue purchasing at the same ratio would have meant another 12 sirens.) City officials recognized that tornado sirens are not designed to be heard indoors. They worked with the cable television companies; in Lee’s Summit they have Jones and Time-Warner; and they got an agreement for cable over-ride. When the Police Department becomes aware of a tornado, it can automatically interrupt any broadcast on any cable channel to announce a weather alert.

The system has its drawbacks – it does not alert people who don’t have their television sets on, or those people who do not subscribe to Cable TV. The city then distributed 120 weather alert radios costing $120 each to some citizens, mainly those in John Knox Village. The radios sound alarms when the Police Department triggers them. Lee’s Summit is applying for a Community Development Block Grant from the State of Missouri to expand that program.

There are also cheaper weather alert radios available from Radio shack which will sound alarms when there is bad weather anywhere in a wide area and eventually become ineffective because people turn them off. Lee’s Summit also includes in its program police warnings by officers driving around with loudspeakers.

Mr. Hawver said he thinks we should consider using the cable over-ride in Parkville. He will contact Time-Warner.

Mayor Quitmeier said he talked with people at the State Emergency Management Agency. They recommend these weather alert radios. He found some for $42 on the Internet. They are battery-operated. They are automatically turned on by transmission, and would wake you up at night. It is an issue we need to continue studying. If we make the decision to continue using tornado sirens we would have to install them in all areas, including The National, River Hills Estates, and the area being proposed for annexation. We can’t favor one area over another.

One suggestion, he said, is to ask an area merchant, maybe P&G Hardware, to sponsor sale of weather alert radios at cost.

LEGISLATION ALERT FROM MISSOURI MUNICIPAL LEAGUE: There is an effort by State legislators to increase the penalties for open meetings violations. New law, if passed, could result in an individual’s having to pay as much as $25,000 for a violation. The City of Parkville has always been very good about not doing those things (violating the Sunshine Law), and he advised that we continue to be very careful in that regard.

AMBULANCE SERVICE/SOUTHERN PLATTE FIRE PROTECTION DISTRICT MEETING: The mayor and Mr. Hawver met with the fire district to hear about ambulance service, meeting with Jim Jones and others from MAST (Metropolitan Ambulance Service Trust). They discussed whether to get a contract. MAST said they wouldn’t charge us a fee for a contract. They will send us a contract form. A contract might give us some stance if we ever get this scare again about Kansas City firefighters taking over ambulance service in Kansas City. Mayor Quitmeier will distribute copies of the contract form to the aldermen.

MID-AMERICA REGIONAL COUNCIL "TAKE ANOTHER WAY" PROGRAM: The mayor said MARC is asking people to "take another way" instead of motor vehicles from May 15^th to 19^th. That would be very unsafe in some areas of our city, pointing out we need greater emphasis on pedestrian traffic. If anyone is interested in sponsoring a "Take Another Way Day" as MARC suggests, please call him.

CREATING QUALITY PLACES: This committee has recently published principles, which the mayor will distribute.

MISSOURI AMERICAN WATER COMPANY: Missouri Senator Caskey introduced a bill regarding water rates which would result in St. Joseph and other cities paying for their own capital improvements instead of sharing the costs with other users, as would be the case with single tariff pricing. Parkville customers would then have to pay for our capital improvements when it’s our turn. The mayor received some literature on the matter which he will copy for aldermen’s mailboxes.

WATER DISTRICT NO. 1: This water district, which serves customers in the area proposed for annexation, is being sought for purchase by both the Missouri American Water Company and the City of Kansas City. Kansas City already has a 35-year contract with the water district to sell it water at retail rates, so one wonders what its motive is in wanting to buy the district, and whether its interest belies the statement that Kansas City is not interested in annexation at this point. The mayor and Mr. Hawver have been meeting with Missouri American. It would seem better for Missouri American to buy Water District No. 1.

Mr. Ferguson asked if Water District No. 1 users don’t have to vote on it; the mayor said he didn’t know. Mr. Hawver said James Farley, attorney for the water district, said they were opening the bids for the company on Wednesday. They were meeting with Kansas city officials to discuss their bid proposal. Their next meeting is the second Monday in May. Mr. Ferguson said his daughter and son-in-law live in the area served by that water district and haven’t received any information on it.

ANNEXATION: Mayor Quitmeier said aldermen needed to consider that night whether to have the election(s) first after the annexation ordinance is passed, or whether to go to court to have the declaratory judgment first. The final, and official, public hearing will be held at the next meeting, May 2^nd. He said they need to decide before the public hearing. The Master Plan Committee meets Monday, April 24^th. They can make a recommendation. Aldermen can have a special meeting to decide the issue if they want. The mayor’s feeling was they should have the election(s) first. He asked for comments. Mr. Atkinson said maybe having the election first would have an impact on the judge. Mr. Hawver said one of the motivations for having the election(s) first is to save a substantial amount of money in legal and election expenses (August and November elections would be held anyway and the costs would be shared with other entities -- later elections might not include any more than that single issue, with the cost borne entirely by the city).

Mayor Quitmeier said if you go through the election(s) and the issue passes then you don’t have to fight so hard in court. Attorney Bob Jester, who lives in the area proposed for annexation, leads a group of people who want to be carved out of the annexation area. The Master Plan Committee will consider that Monday night and make a recommendation, after which the Board of Aldermen could hold a special meeting.

NOISE ORDINANCE: Mayor Quitmeier said this ordinance was written to address a noise problem in The Bluffs, where a man is building his own house and running a bulldozer late into the evenings. Discussion ensued on how the ordinance should read: "till dark," "7 a.m. to 7 p.m.," or "till sunset." Mr. Hawver said Mr. Rupp has spoken to the man who is running the bulldozer, and he has agreed to stop at 7 p.m. The mayor said in that case why don’t they take their time and think about it.

HUNTING ORDINANCE: Mayor Quitmeier asked Mr. Hawver to speak about this issue. Mr. Hawver said City Clerk Barbara Lance drafted the ordinance, and asked her to explain it. Mrs. Lance explained that the new ordinance was written to accommodate people in the more rural, less populated area we are proposing for annexation. It exempts hunters from the prohibition against firearms and bows and arrows in the city limits, and adds a chapter on hunting regulations. In this first draft, hunting is limited to 10-acre lots, and there are restrictions on firing too close to homes and across streets, etc. Mr. Ferguson asked that there be a provision for target shooting. Mrs. Lance would see that aldermen got copies the next day.

ANIMAL REGULATIONS ORDINANCE: Mrs. Lance will draft this ordinance before the May 2^nd meeting, and send drafts to aldermen as soon as possible.

PUBLIC HEARING ON ANNEXATION: Mayor Quitmeier said resident Jerry Schleicher had offered to assist the City in preparing a list of answers to questions people in the area proposed for annexation might ask. Mrs. Lance would call him the next day to set up an appointment.

PLANNING COMMISSION: Mayor Quitmeier nominated Charley Kutz to replace Frank McCoy on the Planning Commission, now that Mr. McCoy has been elected to the Board of Aldermen. He also nominated Marvin Ferguson, Gary Smith and Al McCormick for renewed terms on the commission.

ALDERMAN ATKINSON MOVED TO ACCEPT THE MAYOR’S NOMINATIONS OF CHARLEY KUTZ, MARVIN FERGUSON, GARY SMITH AND AL McCORMICK FOR NEW OR RENEWED TERMS ON THE PLANNING COMMISSION; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED 8-0.

TELEPHONE AREA CODES: Mr. Hawver said in the near future the Public Service Commission will hold hearings regarding new area codes. MARC has asked local city administrators to talk to boards about this issue. The phone company needs more digits. There are two alternatives, (1) Add another area code, or (2) Add three more digits preceding existing phone numbers.

Oak Grove, Grandview, Excelsior Springs and Raymore have acted on this and agreed to add another three digits to phone numbers. MARC is asking for feedback from other cities, and Mr. Hawver asked for comments from the Board, saying the decision did not have to be made that night. Mr. Rittman said he thought a new area code would be better than dialing ten-digit numbers, especially if that new code crossed the state line between Missouri and Kansas.

Mr. Hawver will get more detailed information and send it out to the aldermen.

FESTIVALS AND EVENTS: Mr. Hawver said a report about policy issues on festivals and events was included in packets. It is felt desirable to have an expanded Events Policy Committee, and he asked aldermen who were interested or who had constituents who were interested to let him know. The mayor added that people on Main Street told him they were concerned about more and bigger events. He said this is not a formal committee, so anyone who wants to attend can just sign up.

Mr. Friedman wanted to send a questionnaire out to get responses about what people want in the way of events.

Mr. Atkinson asked how the beer garden got started, and said there are enough restaurants downtown now that serve beer, he wondered if we still need beer gardens at events.

A discussion about tent stakes in the parking lot asphalt was begun. It will come up for more detailed discussion in the Events Policy Committee meetings.

No report.

ANNEXATION: No report.

CHANNEL 2: No report.

FARMERS MARKET: Mr. Friedman said he met with a large number of farmers at the last meeting. They all filled out forms and invited him to visit their farms (at the last meeting it was agreed he would do this to make sure all produce being sold is grown within the assigned area). The farmers also agreed to sign on for the WIC program. This enables mothers to get fresh produce and other nutritional foods for their children. Mr. Friedman had an opportunity to speak at length on the Walt Bodine radio show about the Parkville Farmers market. Opening day is May 13^th.

FRIENDS OF PARKVILLE ANIMAL SHELTER: No report.

PARKVILLE JUNIOR GOVERNMENT: Mr. Atkinson had distributed a report to aldermen on plans to bring four 4^th-grade classes from Graden to Parkville City Hall, one each on May 10^th, 16^th, 17^th and 18^th. The children will tour City Hall and then preside as city officials for a mock Board of Aldermen meeting and a Parkville Municipal Court session. The mayor, aldermen, judge, and the police chief said they would be glad to participate. Other staff members had earlier agreed to be part of this endeavor.

NATURE SANCTUARY: Mr. David McCoy said the amount of donations received in the first quarter was $452. There were work days April 8^th and 9^th; trails were sprayed and Park Hill students helped clean up. April 12^th and 13^th there were hikes. Several Eagle Scout projects are coming up, giving a nice enhancement to the Sanctuary.

PARK COMMITTEE: Mr. Poole said there is a meeting April 24^th. He asked about mulching the berm south of Farmers Market. Discussion ensued on how to keep water from washing it away. Mr. Schank will take care of it.

Mr. Hawver said lately there has been a real problem with people driving into the park.

PLANNING AND ZONING: Mr. Ferguson said the Board of Zoning Adjustments met the night before to discuss an amendment to the Conditional Use Permit Gary Worden received for Parkville Mini-Golf. They voted to approve removing two ½-lots and one full lot from the plan for the Mini-Golf so Mr. Worden could build a restaurant on top of the hill.

RECYCLING AND SOLID WASTE: No report.

TRAIN DEPOT: Mrs. Arnold said work would begin on rehabilitation of the depot next week.

TREE BOARD: Mr. Hawver said Tree Board Chairman Steve Preston couldn’t be present that night, but he wanted approval for a stone wall at 3^rd and Main. There were so many questions about it that Mr. Hawver felt it appropriate to table the question until Mr. Preston could address the board himself.

ALDERMAN FERGUSON MOVED THAT BILL 1886, RETAINING JAMES TRIMBLE AS SPECIAL COUNSEL IN THE MATTER OF OWNERSHIP OF WATER STREET, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALDERMEN ARNOLD, ATKINSON, FERGUSON, FRIEDMAN, DAVE McCOY, FRANK McCOY, AND RITTMAN - AYE; ALDERMAN POOLE- NO; MOTION CARRIED.

Mr. Poole said he was comfortable that the attorneys we have could handle the matter. Mayor Quitmeier said the reason he and Mr. Hawver chose to retain Mr. Trimble in this case was that he is knowledgeable about railroad matters and he knows the Water Street issue. They thought bringing our own attorneys up to speed in the matter would be more expensive. The mayor said the owners of some of the property down by the tracks – Tom Hutsler, Dave Williams, and Danny Tinsley – approached the City because the railroad was trying to put a switching track in there. The City intervened in the matter because we thought that was better than the railroad and the property owners continually fighting about it. We do have the train station that was conveyed to us in an exchange for Water Street back in the 1980's. The property owners wanted us to vacate Water Street so it would revert to property owners.

Mrs. Arnold and Mr. Atkinson asked if Mr. Trimble owned property there, and Mr. Friedman said he sold that property to the present owners. Mayor Quitmeier said he thought they got it at a foreclosure.

Mr. Hawver said he couldn’t imagine the matter going over $1,000. The question of ownership of the street does have to be addressed, he said. Mr. Poole said sometimes these issues start out small and balloon. He just feels more comfortable with the attorneys we have.

ALDERMAN FERGUSON MOVED THAT BILL 1886 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN FRIEDMAN SECONDED; ALDERMEN ARNOLD, FERGUSON, FRIEDMAN, DAVE McCOY, FRANK McCOY, AND RITTMAN - AYE; ALDERMEN ATKINSON AND POOLE - NO; MOTION CARRIED 6-2.

ALDERMAN FERGUSON MOVED THAT BILL 1886 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 1871; ALDERMAN FRIEDMAN SECONDED; ALDERMEN ARNOLD, FERGUSON, FRIEDMAN, DAVE McCOY, FRANK McCOY, AND RITTMAN - AYE; ALDERMEN ATKINSON AND POOLE - NO; MOTION CARRIED 6-2.

Mayor Quitmeier assured aldermen he and Mr. Hawver would monitor the amount that’s charged. If it gets close to $1,000, they will bring the issue back to the board. He didn’t anticipate that it would get into litigation.

ALDERMAN FERGUSON MOVED THAT BILL 1887, CONTRACTING WITH THE PLATTE COUNTY ECONOMIC DEVELOPMENT COUNCIL FOR ECONOMIC DEVELOPMENT SERVICES, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1887 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1887 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 1872; ALDERMAN POOLE SECONDED; ALDERMEN ARNOLD, ATKINSON, FERGUSON, FRIEDMAN, DAVE McCOY, FRANK McCOY AND POOLE - AYE; ALDERMAN RITTMAN ABSTAINED BECAUSE HE IS A BOARD MEMBER OF THE PLATTE COUNTY EDC; MOTION CARRIED 7-0 WITH ONE ABSTENTION.

ALDERMAN FERGUSON MOVED THAT BILL 1888, CHANGING THE EMPLOYMENT STATUS OF MICHAEL MOORE OF TEMPORARY LABORER TO PERMANENT PARKS/STREET LABORER, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

A question arose about the need for another laborer, and Mr. Hawver explained Mr. Moore will replace an employee, recently hired, who resigned.

ALDERMAN FERGUSON MOVED THAT BILL 1888 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1888 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 1873; ALDERMAN ARNOLD SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

ALDERMAN FERGUSON MOVED THAT BILL A-644, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL A-644 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING ABOUT TITLE ONLY; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL A-644 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-644; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.

GRINDER PUMP: Mr. Atkinson asked what happened to the family who had the grinder pump failure. Mr. Hawver said a family had its grinder pump back up. Their carpets have been replaced. There are still some little problems to be addressed. He was planning to go out there the next day.

TORNADO SIREN: Mr. Rittman said everyone knows his position on the tornado sirens. He would like to see an end date when we finally make a decision – review all the options and go forward. That is not a viable option for May 2^nd, but he wanted it put on the May 16^th agenda for complete resolution. That is plenty of time to think through different options, i.e., repair the downtown siren or what, and make a long-term plan.

Mr. Poole said we need to consider both inside and outside warnings now. It is hard to protect 100% of the people, he said. What can we afford and what can we not afford?

Mr. Friedman said next time sirens go off for a test he would like someone to be downtown to see if they can hear the northern one from there. He has heard it from there. The old siren from downtown is gone and cannot be replaced – it was on top of the old fire station.

Mr. Rittman said he applauded the approach of looking at different items. He just asked an end date to decide.

Mayor Quitmeier said he and Mr. Hawver talked to various agencies. He asked Mr. Rittman if he were unpersuadable. Mr. Rittman said he would like to have seen the siren repaired. What do we do to take care of our people? He’s trying to leave the door open.

The mayor asked him to contact SEMA and Lee’s Summit himself and go onto the Internet and see what he can find and delve into this issue.

Mr. Friedman said the talk of having these units in the house is very good, as is the cable TV suggestion. Many people can’t afford the $125 for weather alert radios, and there are people who are just not concerned.

Mayor Quitmeier said if we saved $20,000 with each tornado siren we did not install we could subsidize weather alert radios for low-income people. We could put them in apartments and in the retirement home place. Mr. Friedman asked "If we’re going to spend $40,000, how many early warning units could we get for residents?" He didn’t think we should make a hasty decision without having all the information. The mayor said we’d put it on the agenda and see what the majority of the board wants to do.

Mr. McCoy said we should also contact the Missouri Municipal League to see what might have been done in other cities, or do our own survey as we have done on other matters. Mr. Hawver said he would follow up on that. Mr. Poole said everyone on this board is trying to come to a final decision but to do it heedlessly or wrong is bad, too. Eventually, he said, we will come to some kind of resolution.

ALDERMAN FERGUSON MOVED TO ADJOURN; ALDERMAN ATKINSON SECONDED; ALL AYE; MOTION CARRIED.

The meeting was adjourned at 8:32 p.m.

City Clerk Barbara J. Lance - April 21, 2000