Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

October 2, 2001

CALL TO ORDER

Mayor William M. Quitmeier called the meeting to order in the Board Room of City Hall at 7:05 p.m. The meeting had been preceded by a work session, with aldermen and the mayor participating in a discussion about life in Parkville, including events.

ROLL CALL

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 Frank McCoy - present

Ward 4 Alderman Marc Sportsman - present

ALSO PRESENT: City Administrator Patrick Hawver

Police Chief Bill Hudson

Superintendent of Streets Alan Schank

Ken Parrish for Annual Turkey Trail Trot

Deborah Butcher for Parkville Chamber of Commerce

Rex and Dorothy Young re vacation of E. 3^rd Street

Glen McKahan re vacation of E. 3^rd Street

Danny Tinsley re vacation of E. 3^rd Street

Dave Williams re vacation of E. 3^rd Street

Tom Hutsler for Parkville River Festivals, Inc.

Park University faculty member Cami Davey, focus group coordinator

MEDIA PRESENT: Nancy Jack

Martha Zirschky for Platte Dispatch

Ed Gault and Shan Johnson for Channel 2

TURKEY TRAIL TROT

Mr. Parrish thanked everyone who helped with this event last year, and distributed a letter outlining their requests for this year. It is attached to these minutes. The race and walk will be on the trail in English Landing Park, beginning at McAfee and South Main Street. The Olde Mill will be the site for late registration Last year they had a record turnout B 800 participants. They expect to have as many or more this year. They=d like to have a banner up two weeks prior to the event, which will be held on Thanksgiving Day.

ALDERMAN FRIEDMAN MOVED TO APPROVE THE TURKEY TROT AS OUTLINED; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.

SALE OF PARKVILLE CHAMBER OF COMMERCE CALENDARS

Mrs. Butcher told the Board there are great people working on the 2002 calendar, entitled AWhere in the World is Col. Park?,@ and the final product will be something we can all be proud of B it will have full-color pictures of Parkville, and some Ainput by founder Col. Park.@ The Chamber is mounting a massive sales effort, she said, and she asked permission to have people go door-to-door to sell the calendars, as was done five years ago with the 1997 calendars. She also asked that the calendars be advertised on Channel 2. The mayor suggested the website be used as well.

ALDERMAN ARNOLD MOVED TO APPROVE SELLING OF THE 2002 PARKVILLE CHAMBER OF COMMERCE CALENDAR AS REQUESTED; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED 8-0.

Mrs. Butcher also noted that among the sellers of the 1997 calendar were aldermen and asked if current aldermen would call her at 816/741-2364 to let her know if they would sell 2002 calendars. She announced that the Chamber is already planning the 2003 calendar. Its theme will be AParkville at Work and Play,@ featuring people busy with those activities, and she asked people to be thinking about photos along those lines. The chamber will start putting the calendar together early next year, she said, and hope to have it ready for the printer by August or September.

Mrs. Zirschky asked the price of the calendar. Mrs. Butcher said $12.50. She asked people to call 816/587-2700 to order in advance.

PARKVILLE RIVER FESTIVALS, INC.

Mr. Hutsler distributed a financial statement for the year. He said he came to the Board about two meetings ago on behalf of Parkville River Festivals and said he would be back. He. At that time he asked for approval for the July 4^th carnival in 2002. He thought everyone had had ample time to consider that request.

Mayor Quitmeier said the Board just met as a focus group. Cami Davey wanted to take some of their comments and include them in her final report. She has not finished putting the whole thing together. The Board agreed to ask Mr. Hutsler to wait another two weeks for his answer.

Mr. Hutsler agreed. He distributed copies of his 1995 incorporation document, and copies of his annual registration report for 2000 and 2001. They show the Board of Directors and officers. He apologized for not getting the financial statement typed. He will eventually get it typed. They were successful this year and took in $52,558.62. Expenses to date total $45,359.03. They were able to pay off their loans and debt from last year.

He was asked about the high cost of fireworks this year. Mr. Hutsler said he used a different fireworks operator this year, Premier Pyrotechniques. He believes the former operator, Wald, will do the fireworks for Christmas on the River.

Mrs. Arnold asked if he could divide the financial statement into the two events. Mr. Hutsler said it is all in one account, but he does have it broken down. Mayor Quitmeier said it would be nice to see the two events separated.

PUBLIC HEARING ON VACATION OF PART OF E. 3^rd STREET

Mr. Hawver said the City received a petition from Glen McKahan and Rex and Dorothy Young to vacate the 80' strip of E. 3^rd Street between their properties. Notice of this public hearing was published twice in the Platte Sun-Gazette. Mr. McKahan and Mr. and Mrs. Young have agreed to sign and record with their deeds a signed access agreement.

It was brought to his attention that the owners of the building occupied by Papa Frank=s opposed the vacation of the street. Discussion among all parties has not resulted in any resolution.

Mr. Hawver distributed copies of a more accurate map than had been enclosed in packets. The map shows the property line going right through a couple of buildings. He didn=t know if that was correct or just an error in the placement of the overlay of property lines over the aerial photo.

Mr. and Mrs. Young and Mr. McKahan came forward. Mrs. Young thanked the City for clearing up the sewer problem in their neighborhood. Mayor Quitmeier thanked the Youngs for their patience.

Mrs. Young said if the street were vacated it would eliminate some problems and she would still be able to keep their parking. Mr. McKahan said when ladies leave Mrs. Young=s shop and go up north of the drive B he would like to make that one way. If he fenced his property line up to that point there is no way possible to put the street there.

Mr. McKahan said there is an 80' line that comes to a point which is directly even with his bay doors. He said that=s the old storage building from when the City of Parkville owned that land.

Mrs. Young said 3^rd Street east of East Street is a very short street. The mayor asked what they would do with it if it were vacated. Mr. Young said they have maintained it for many years. He and his sons mowed it and kept up all that property. The mayor asked if anyone has used it for the last 5-10 years. Mrs. Young and Mr. McKahan said just their customers. Mr. Young said they have two places to park two cars. Mr. McKahan showed a 1993 survey he had done by Kaw Valley Engineering.

Mayor Quitmeier asked if they would execute a mutual driveway agreement; and Mrs. Young said yes.

Mr. Tinsley came forward. He said he had some photographs that would help. He said he thought Park College must have owned all that property in there. The college gave the postoffice and Arrow Press the road that neither party could cross. Mr. Tinsley distributed documents to the Board and the mayor. What they were trying to do there, Mr. Tinsley said, is reserve the right of the property to the east.

We, Mr. Tinsley said, referring to himself and his partners, Dave Williams and Tom Hutsler, just purchased this property (most recently the home of Bears Printing). They are investing a considerable amount of money there. Park College said they granted 24' of property right in front of Dorothy and Rex Young=s garage. That was just so they could get in and out of the garage, Mr. Tinsley said, but they reserved the right of ingress and egress for anyone who had that property there; Athat would be us,@ he said).

There is a question about what really happened on 3^rd Street, he said. An article that Mr. Hawver gave them said that the late Mayor Dutch Gresham thought he had it all worked out, but some of those documents were lost or were never recorded.

Mr. Tinsley asked what they mean by permanent easement B that they can use as the street if it is vacated? If we were part of it, he said, that would be fine. At this point it=s not as important as it could be in the future, he said. It=s a business-zoned area. A crossover easement is very common in a business area. He and his partners feel they have the right to come through there. Park College gave that right to them. If the street is vacated then they are blocked. Also emergency vehicles would be blocked. They have made a proposal B kind of a first right of refusal. They don=t want to hurt these folks B they just want to be protected, too. They just want to, maybe in the future, Ause our road.@

Mrs. Young said she couldn=t tell him how many times firemen and the water company have put in that water hydrant because of the big trucks coming in. They=ve been without water. Traffic is coming through there up their hill, big semi-trucks. Mr. McKahan said that was a long time ago. Mrs. Young said there is no way those trucks could make that corner. Mr. Tinsley said they might need both streets. Mr. Young said that doesn=t cut them out B the Fire Department or Police can come anywhere.

Mayor Quitmeier asked if 2^nd Street had a wider radius would that relieve their need? Mr. Tinsley said it would probably help now, but who knows in the future? If you vacate it and they sign an agreement just between the two of them that would hurt their property back there. The mayor said if we=re going to vacate this street it is important to come to a recorded agreement. He suggested the applicants sign a mutual driveway agreement before the street vacation is considered. Mr. McKahan said they plan to do that. The mayor asked if they could include Mr. Tinsley and his partners in that. Mr. McKahan said there is no room. There is a drop-off from the Youngs= garage to that level. Mr. Friedman said the Youngs would lose use of their garage if they put (continued) a street there. Mayor Quitmeier suggested an agreement could be made saying there would be no parking in that area; Mr. Friedman said he believed Mr. Tinsley didn=t want an easement that says that is not a street. Mr. Tinsley said they feel they already have that because of that special deed. Mr. Young said you can=t put a street in there.

Mayor Quitmeier suggested tabling the issue so they could all go out there. Meanwhile maybe they could all reach a tentative agreement on this. He would like to see a mutual driveway agreement ready to be recorded.

Mr. Friedman said he couldn=t read Athis,@ referring to a document Mr. Tinsley gave them. Mr. Ferguson asked who owns that 20'. Mr. Tinsley said he is supposing Park College had a right to do this. He said Mr. McKahan said he got it for his protection. Mr. McKahan said he didn=t say that. There never was a street back there. Mr. Young said the street ended Aright there.@ Mr. McKahan said the Nelsons (brothers who owned Arrow Press) wanted to put a road back there. The old trail they cut there did go right between your doors. He told Mr. Tinsley AYou=re trying to take my land.@ Mr. Tinsley said part of this property they bought says they have a right of way to 3^rd Street. Mr. McKahan said his legal description says nothing about an easement.

The mayor said they would revisit the issue in two weeks. He asked if there were any other public input.

Mr. Williams said he was a partner in that property. He agrees with Mr. McKahan and Mrs. Young both. Both have been utilizing that property. There are no stop signs on it. A fire hydrant is sitting on one corner. There is a telephone pole on the south corner. Dorothy Young has those cars and a real nice flower garden on the City=s right of way. Mr. McKahan has a retaining wall sitting on that 40' right of way. He agrees that=s an ideal use but he still has the problem of going through that property if the City vacates it. Where Park filed a plat of the City of Parkville, he contends that=s Parkville=s old railroad right of way. It comes all the way up there B Mr. McKahan built his wall down there where the road would have been if it had come through.

Mr. Hawver will have a copy of the corrected plat at the next meeting.

Mr. Williams said he talked to Mr. McKahan a couple of weeks ago. The retaining wall keeps erosion down. He told him he has no objection to where his wall is. They=re saying there is not room for a drive through there. They=ve got adequate room between his wall and our buildings, Mr. Williams said. Mayor Quitmeier encouraged them to talk further, and asked aldermen to go out and look at the property.

REVIEW OF MINUTES OF 9/18/01

ALDERMAN FERGUSON MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 18, 2001, MEETING AS PUBLISHED; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED 8-0.

MAYOR=S REPORT

SIDEWALKS ON HIGHWAY 45. Mayor Quitmeier said these have been approved B for both sides of the highway. It will be a $500,000 outlay. He thinks we=ll have to match some part of that. That will have to be considered at budget time. Mr. Hawver said he thinks the amount will be $60,000. Mr. Friedman asked how long the grant funds would be available. Mayor Quitmeier said the County will work on that. Mr. Hawver added that MoDOT would be involved. Mr. Friedman said Aas long as the money doesn=t disappear.@ Mr. Sportsman asked how wide the walks would be, and the mayor said 8' B they could be concrete or asphalt. They have to be winding trails. Mr. Sportsman asked if there were issues with the grade that would cause them to be trails instead of sidewalks, and the mayor said that was correct.

HIGHWAY 45 MEETING: The mayor said some years ago he joined forces with then Kansas City Councilman Chuck Weber to form a committee to push improvements to Highway 45, which is why we have those improvements in place now - a fact confirmed by MoDOT and MARC personnel. Now we need Highway 45 completed all the way to the end, and he has formed another committee. It will meet October 9^th from 4 p.m. to 5:15 p.m. at The National. He invited anyone interested to attend.

TIF COMMISSION INFORMATIONAL MEETING: The mayor said there was an informational meeting with National people about the TIF (Tax Increment Financing) project. They=re thinking they=re going to take out the house on Highway 9. There would be a TIF timeline scheduling session the following night. Anyone was welcome to attend. The National people (River North is the name for this project) want to conclude the matter by the end of the year. We will accommodate that schedule. The public hearing will be November 26^th. Then they=ll send out RFP=s (Requests for Proposal). The mayor asked couldn=t they send out RFP=s after the plan is approved? Mr. Hawver agreed. The mayor said the plan will be approved December 18^th. The schedule would be formalized the next night.

PARK HILL SOUTH HIGH SCHOOL HOMECOMING PARADE. The mayor said this parade would be held the following Saturday. He encouraged everyone to attend.

INTERVIEW WITH CHANNEL 41. Medicare has cut funding for MAST. Director John Sharp said they would increase response time, meaning it will take more minutes to respond, or they will come to local governments and ask for contributions. So then federal government takes credit for the tax cut, and passes the costs back to cities. A Channel 41 reporter interviewed the mayor and asked if MAST pulled out, what would we do. A I said we would have to reinvigorate our citizens= committee which worked so well before, and see if we want to set up our own ambulance district,@ the mayor said, noting that it was a response to a hypothetical question, Aif MAST pulled out.@

A radio station misinterpreted that response and quoted the mayor as saying the City of Parkville is considering setting up its own ambulance service. When the mayor called the station, at first they denied they said that. Then they admitted they had watched Channel 41 and misinterpreted his response. By the end of the afternoon they said this is only if MAST pulled out that the City may have to form its own ambulance district.

RANKINS LEASE AMENDMENT. Mayor Quitmeier said the City paid $242,000 for the Rankin home, $200,000 in cash and $42,000 of that in rent payments for the Rankins to continue living in the home for 30 months at the rate of $1,464 per month. That period ended October 1. Mr. Hawver and he spoke with the Rankins B they want to stay there. They are willing to pay that amount in cash to the City starting now. They are willing to hold the City harmless. He asked the Board to think about the matter. The mayor asked if there were an ordinance to cover that amended lease; the city clerk said no. It will be prepared for the next meeting.

CITY ADMINISTRATOR=S REPORT

ANNEXATION SETTLEMENT AGREEMENT. Mr. Hawver distributed clean copies of the annexation settlement agreement with CKC Holdings concerning Parkville Self-Storage; it takes away any formal objection by CKC Holdings to the annexation of the property in the matter of City of Parkville v. Revanne Partners. CKC has agreed to voluntarily annex both properties. James Farley, attorney for CKC, approved the agreement. If approved by the Board of Aldermen, Mr. Campbell feels the court will approve the annexation in a week or two. (This is the commercial annexation on Highway 45, not the larger one farther west and northwest.)

The City of Parkville agrees to issue a CUP (Conditional Use Permit) for a 25-year permit that would allow them to continue use of this property for self-storage units, also rezone the land to B-4 (Planned Business). Parkville Self-Storage is currently operating under a 20-year CUP issued 2-1/2 years ago by Platte County. City Attorney Jack Campbell believes that the annexation can be finalized before the end of October. He has been working with Attorney Farley on the agreement.

The mayor noted we have already made agreements with the gas station and Crestridge Center. Then the commercial annexation would be complete.

An ordinance was ready covering the agreement.

ALDERMAN FERGUSON MOVED THAT BILL 1993, AUTHORIZING A SETTLEMENT AGREEMENT REGARDING ANNEXATION OF PROPERTY (i.e., PARKVILLE SELF-STORAGE) BELONGING TO CKC HOLDINGS, BE APPROVED FOR FIRST READING; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1993 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1993 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 1978; ALDERMAN POOLE SECONDED.

It was agreed that the settlement agreement contains the intent of the Board of Aldermen to go forward with rezoning.

ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Above bill was posted 9/28/01.

AUDITOR=S REPORT. Mr. Hawver said he just spoke with the auditor, who said he should have the audit completed next week and ready for presentation. He apologized for being so late with it.

DRAINAGE PROBLEMS. Mr. Hawver said at Mr. Sportsman=s request he investigated cul-de-sac drainage problems in Riss Lake. He distributed to aldermen copies of pictures of those situations. We have ground seepage coming in, he said. It is compromising our curbs. Some damage is occurring to streets. We propose to put in French drains at all these sites, he said. Costs shown in his report are the low bids we received about six months ago. We propose to dig trenches and put in perforated pipe and gravel, cap and then pave. Underground springs cause most of these problems.

Mrs. Arnold asked if we didn=t have these same problems before. Mr. Rittman said yes, on Riss Lake Drive. Mr. Poole asked if this was something the developer should have taken care of before? Mr. Hawver said his opinion was that each one of these things emerged after the developer was out of there. Mr. Rittman said the developer who built Phases 1 and 2 is not the same developer who is there now. Mr. Hawver said Mr. Sportsman said Don Julian, developer, said he would be willing to pay 50% of the cost. Mr. Sportsman said that=s exactly right. He hoped they could bring the matter to a vote that evening. Mr. Hawver said he=d just like to know if there=s a willingness to go forward. He will prepare a contract for the next meeting.

Mr. Friedman said he has been working in some of the newer sections and noticed an area where water already is going across the street. He would like to have note made of that area and make sure it=s not sprinklers. He doesn=t think it=s fair for the City to pay for repairs on every street. That request includes The National, too. It should be on record that there are problems. Maybe it will be sprinkler systems, but then every summer we=ll have algae growing there B people will slip.

Mr. Hawver asked if the Board would support a study. Mr. Sportsman said he would favor a review of the

problem in the areas where sprinkler systems are not a factor. These springs appear and disappear. Many of these you can tell are not sprinkler-related because they come up through the cracks in the ground. One of these is year-round. Mr. Friedman said water is already coming up in streets where homes are not built yet. He wants it noted that we noticed it before homes were built. Mayor Quitmeier said we should take care of it during maintenance bond periods. Mr. Friedman said he=s talking about new areas. Mr. Hawver said okay.

SUBSTANCE ABUSE POLICY. Mr. Hawver said Mr. Sportsman and he are working on a substance abuse policy. They have reviewed policies from many cities. They chose to model this after the City of Gladstone=s policy. He spoke with the police chief today; he has been working on a Police Department drug screening policy. Mr. Sportsman and Mr. Hawver don=t really have a policy they=re comfortable with yet, although they do have a draft. He will distribute one in the next meeting packets. Mr. Sportsman distributed copies of checklists to aldermen.

Mayor Quitmeier said he thought they better be very cautious. When you start cutting people=s liberties and invading people=s privacy there is no going back. He passed out something four weeks ago that one of the Supreme Court justices said. He was talking about individual American rights to freedoms and privacy. He asked which drugs we are seeking to test for? He doesn=t think we should test and look at people=s genetic histories and see what prescriptions they=re taking. When you=re taking a blood test or urine test you=re invading that person=s body. There is a huge difference between a public and a private company. We are a government, he said, based on leaving Americans alone, leaving people free. In our personnel policy we already have procedures to go ahead and test people if we suspect them of using drugs.

Mr. Sportsman said he didn=t think there is an inalienable right to break the law and ingest illegal drugs and show up for work that way if you=re in the public safety area. It is our duty, he said, to set very high standards, not only for us, but this community. Personally, when you talk about persons= rights, he said, it is also the right of a person to know none of our police officers are using drugs. He also thinks it=s an employee=s right to know that people working with him are not drunk when using a dump truck or backhoe.

The mayor asked him if he agreed it was a balancing of interests. Mr. Sportsman said he believed that under the right circumstances a random drug urinalysis test is extremely beneficial. Mayor Quitmeier asked how about the 4^th Amendment, which says you cannot search anybody without probable cause. Mr. Sportsman said the document we=re preparing takes into consideration the 4^th Amendment under advice of counsel. Mr. Rittman said it is a real stretch to take the 4^th Amendment and translate that one document into a drug policy. He said many, many cities have a policy in place and we need to do it too. The mayor said you can=t just put aside the 4^th Amendment because of some political expediency. Mr. Friedman asked what=s the difference between random alcohol or drug testing and a supervisor who believes he has reason to test his employee? He feels uncomfortable, he said, saying AWe=re just going to test you today.@ He agrees with testing if there is an accident or suspicion of taking drugs. Just random testing he doesn=t like.

Mr. Sportsman said he did not put in this policy just random testing for all employees of the City of Parkville. He would ask that public safety employees and employees who operate heavy equipment be tested randomly. He is also asking for pre-employment screening, and that supervisors who observe erratic behavior ask the person to undergo urinalysis testing.

Mr. Poole said if a supervisor has reason to believe an employee is using drugs he can proceed with testing, but that can be done without doing random testing. Mr. Rittman said actually that causes you more problems than having random testing. It is very difficult to do unless you have a policy. Mr. Poole said you=ve got to have a supervisor training policy. Just randomly testing a city employee is not good.

Mr. Sportsman said he is not just talking about drugs which are illegal, but also alcohol B you shouldn=t be allowed to show up under the influence. It=s not just illegal drugs and not a search and seizure issue. It=s about ensuring to people of this city that Parkville employees who work in public safety or operate heavy equipment are not using drugs.

Mayor Quitmeier said he didn=t think we should sell our citizens= rights to the 4^th Amendment for cheaper insurance. It=s either right or wrong to do it, and is not about if we get cheaper insurance.

Mr. Sportsman said according to our counsel, Jack Campbell, the policy we have set forth does not infringe on 4^th Amendment rights. He named the circumstances under which the policy mandates drug testing: Public safety employees, employees who drive heavy equipment, pre-employment screening, and when a supervisor sees erratic behavior.

Mayor Quitmeier said that last circumstance is covered in our policy already, as is the question of testing after an accident. With respect to random testing of police officers, our police chief is already doing that. He quoted again from Judge Scalia, reiterating what he said at the meeting of September 4^th. Those quotes, which appeared on Page 2001-148, are attached to these minutes. The mayor said he is against erosion of 4^th Amendment rights B he believes in the U.S. Constitution - that is why he became a lawyer. We have to be on our guard to protect it, he said, addressing Mr. Sportsman, even against good-meaning men like you. We already have in place most of the policies mentioned. When testing for alcohol, all you can do is for that one day, and he asked if it=s really relevant that someone smoked marijuana a month ago.

Mr. Sportsman said he thinks it=s extremely relevant. He=s thinking we should have people who don=t do drugs. It=s not what we should be teaching our children, that it=s okay to take drugs..

The mayor said drugs are not okay to take and he resented Mr. Sportsman=s saying that. A search of your body is protected against, he said.

Mr. David McCoy asked if they could wait until they see a draft of the policy before they discuss it, and maybe have Jack Campbell present at the next meeting. Mr. Sportsman said Mr. Hawver does have Mr. Campbell=s opinion. Mr. Hawver said the second one is in our files.

Mr. Sportsman said we should oppose drugs. Mayor Quitmeier said Aand we do.@

Chief Hudson said the Police Department is not opposed to drug testing. He is not opposed. The same goes for alcohol. He believes that he has the right, according to both the city=s rules and his rules, to test anybody he suspects is using drugs or abusing alcohol. AI have fired people for that,@ he said. He believes police officers give up some of their privacy. The department has a policy that covers all the things you=re looking for. He has no problem implementing all of that. Before people come to work they have them answer the question of drug use. They also put them on the polygraph. They also need to find out if people are using prescription drugs. They may want to take a different tack to do that. The mayor added that he didn=t want people taking even a Contac pill and operating heavy machinery.

Mayor Quitmeier said they can look at this but we already have a personnel policy. Mr. Friedman said he has no problem with testing, but he does have a problem with random testing. Chief Hudson said he doesn=t have a problem with giving any of our officers random testing. He doesn=t think it bothers most people as long as there are safeguards in place. He doesn=t think anyone in the department does. Mr. Sportsman said AWe do not feel that there=s a problem,@ adding that he is putting this forth to make sure a problem never exists, to ensure there is no problem in the future. Having pre-employment screening would be a benefit.

Chief Hudson said he agreed with him. His department does essentially that now, without having them give a sample at this point. He is pretty confident of their ability to catch people who might be using drugs.

Mr. Rittman said pre-employment screening is so valuable; it is a tremendous deterrent. This afternoon at his place of business he had an applicant sitting in the conference room. Mr. Rittman told him they do drug screening, and asked if he could pass the test. He said thanks, but he thought he needed to go somewhere else. They can submit to the test and the doctor can report the results to them confidentially without the employer=s knowledge. There are safeguards. It is important we have a policy and we follow it. As more and more entities do drug testing what happens is drug users have to focus more on people who don=t have the policy.

Mayor Quitmeier said there is a big difference between private industry and government. The City has had no problems. We are monitoring the situation well. We have a policy in place. We have a police policy in place. If we send someone for tests, we have to pay for tests, and pay for any resulting treatment. We can=t just fire them. Anyone driving heavy equipment has to have a driver=s license. Maybe we should just tell people before employment to do drug screening.

Mrs. Arnold said let=s look at it in the next two weeks.

Mr. Sportsman said he would like to put this policy in place and let the Board vote on it at the next meeting. You have the first draft, he said, adding that they=d have a final draft ready the next week. He would like to sit down with Bill Hudson and anyone else who is interested and put a policy together.

Mr. Poole said we should have Jack Campbell here. Mr. Hawver said we have two written opinions from him. What they come up with will be in accordance with his legal opinion. Mr. Poole said he would like to have time to read the final draft, and not just get it and have ten minutes to review it. He agrees with some parts and not other parts. It does pay dividends and also has problems. Do we have something in place that works now?

Mr. Rittman said to get around sending folks to rehabilitation you have to have a clause in the employment application. The mayor said that might be different in government.

Mayor Quitmeier referred to Page 2, which refers to Apeople with .04.@ Page 5 says A.02 - .04.@ Mayor Quitmeier suggested aldermen compare those two pages when reviewing. He asked if we allow an employee to come in with .04? Mr. Sportsman said we should remove that.

Mr. Frank McCoy asked Mr. Hawver if, in his survey, a predominance of cities do have this in place? Mr. Hawver said the survey was very informal. Some cities have in their personnel policies the kind of policies we do. That is pretty common. As far as formal policies, he said, probably 50% to 60 have them. What=s alarming is some cities have policies that are not legal. Mr. McCoy said he thought most cities in the survey have a policy. Mr. Hawver said about half of those cities he=s checked have a formal policy.

POLICE CHIEF=S REPORT

Chief Hudson said crimes are still down. They had five assaults by two subjects at the day school. That morning Officer Brian Bradley stopped a car for driving with high beams, and found lots of problems. The driver is sitting in the Platte County jail on felony drug charges. The Red Cross will be here at the next meeting to give lifesaving awards. Mrs. Lance will also prepare awards for the two people who saved two persons, a child and an adult, from drowning in the Missouri River.

Mr. Friedman asked what about the two people who were picked up in front of his house and taken away? The chief said we would probably never see them again.

COMMITTEE REPORTS

CHANNEL 2 & WEBSITE: No report.

FARMERS MARKET: Mr. Friedman said there is still stuff going on there. The mayor said the Farmers Market structure is absolutely spectacular. There was some discussion about roof leaks. Mr. Hawver said the gutters were going up this week. The roofer will fix the leaks soon.

MAIN STREET/CHAMBER OF COMMERCE: Mrs. Arnold said she was unable to attend the Main Street meeting. She thanked the mayor for giving her the opportunity to represent the City of Parkville at the Candlelight Vigil put together by the Park Hill School District. She presented to the school district at that time the contributions raised within the city of Parkville B over $1,800. That amount was part of the total of $40,000 given to the American Red Cross for relief to the victims of the terrorist attacks September 11^th.. She thanked everyone who donated.

Mr. Hutsler said since the last Main Street meeting he talked to Angelo Gangai, who said he can=t report on last week=s meeting until they approve the minutes.

NATURE SANCTUARY: Mr. Dave McCoy said on September 20^th they did a water quality test, which again checked out good. On the 22^nd of September Jim Reed led a hike for children. On the 23^rd they had a workday; five people showed up. On the 24^th there was a hike for Cub Scout Pack #9. There are four Eagle Scout projects awaiting approval. An upcoming hike will show people how they can survive in the wilderness. October 26^th will be Family Ghost Night in the sanctuary, with stories, hot dogs and soft drinks. The cost will be $5 for adults and $3 for kids.

PARKS COMMITTEE: Mr. Poole said the committee approved the Cyclo-Cross Challenge November 4^th. They will contact Pat Hawver. Some members are going out to visit other parks. One member resigned. Mayor Quitmeier said anyone interested in being on the Park Committee should let him know. It is a pretty active committee.

PLANNING & ZONING COMMISSION: Mr. Ferguson said there would be a meeting October 9^th at 5:30 p.m. to consider (1) a request for rezoning a tract of land on Tom Watson Parkway from residential to B-4, planned business, (2) a request for rezoning a tract of land just north of City Hall from R-4 to B-4, and (3) for a lot split on Highway 9 for the sports facility.

TREE BOARD: Mr. Frank McCoy said the next meeting would be next Tuesday at 7 p.m.

BILLS AND ORDINANCES

ALDERMAN FERGUSON MOVED THAT BILL 1944, PROMOTING ED GAULT TO PARKS DEPARTMENT SUPERINTENDENT, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1994 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 1994 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 1979; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Above bill was posted 9/28/01.

CONTRACTS AND AGREEMENTS

ALDERMAN FERGUSON MOVED THAT BILL C/A 36, AUTHORIZING AGREEMENTS WITH INCODE FOR COMPUTER SERVICES, BE APPROVED FOR FIRST READING; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL C/A 36 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN DAVID McCOY SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL C/A 36 BE APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 36; ALDERMAN POOLE SECONDED.

Above bill was posted 9/28/01.

Mr. Friedman asked if this program is going to require additional hardware for our computers. Mr. Hawver said yes, but we=re lucky to have John Moyer so the cost will be minimal. The cost, in the range of $2,000 , will be covered in the 2001 budget. Mr. David McCoy asked if the training would be on-site. Mr. Hawver said yes. City Collector Sharon Roland, City Treasurer Steve Berg, and he would be trained. Mr. Friedman asked if they=ve established a rate, and Mr. Hawver said yes.

ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Mrs. Arnold said she was impressed with how Mr. Hawver got the price down.

ACCOUNTS PAYABLE

ALDERMAN FERGUSON MOVED THAT BILL A-679, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL A-679 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL A-679 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-679; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Above bill was posted 9/28/01.

OTHER BUSINESS

None.

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

The meeting was adjourned at 9:07 p.m.

Submitted by _________________________________

City Clerk Barbara J. Lance - 10/11/01