Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

October 16, 2001

CALL TO ORDER

Mayor William M. Quitmeier called the meeting to order in the Board Room at 7:05 p.m., explaining that the meeting started in the Administrative Conference Area at 6:30 p.m. and immediately went into executive session to discuss personnel under the authority of RSMo 610.012(3). Employment of two persons was discussed, and two ordinances would be considered later in the meeting. The executive session was concluded at 6:55 p.m. and the meeting was reconvened in the Board Room.

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

Public Works Director Jeff Rupp

Superintendent of Streets Alan Schank

Michelle Jantz for American Red Cross

Joni McCosh and Matthew Kelly to receive lifesaving awards

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

Glen McKahan re vacation of part of E. 3^rd Street

Danny Tinsley re vacation of part of E. 3^rd Street

Paul Schooling re vacation of part of E. 3^rd Street

Cami Davey, Park University, with report on focus groups Tom Hutsler for Parkville River Festivals, Inc.

Scott McRuer re rezoning of 1315 East Street

Dorothy Gresham re rezoning of 1315 East Street

Dave Barth re Parkville Athletic Training Complex

Park University students

Parkville Chamber of Commerce President Deborah Butcher

MEDIA PRESENT: Nancy Jack

Martha Zirschky for Platte Dispatch

Jewel Gopwani for Kansas City Star

Alan Schank and Shan Johnson for Channel 2

LIFESAVING AWARDS

Ms. Jantz said that on August 4, 2001, Ms. McCosh and Mr. Kelly entered the Missouri River from English Landing Park to rescue a young boy and a woman who were in danger of drowning. She presented each of them with an award from the American Red Cross. Mayor Bill Quitmeier also presented each of them an award from the City of Parkville, and thanked them for their courageous actions.

VACATION OF PART OF E. 3^rd STREET (cont=d. from last meeting)

The mayor had met with the people involved. He said his feeling was that we could come to a solution that=s a win for everybody, but that we could not do it that night; however, the Board was ready to vote on it that night. Mr. David McCoy asked what Mr. Hawver had to say about it. Mr. Hawver said he was going to try to work with the overhead projector to show better pictures, but the pictures didn=t show up well. He said the original plat showed the street ended 80' east of East Street.

The mayor said both applicants seeking vacation are using the sides of the street. The deed from Park University (then Park College) clearly says Asubject to a right of ingress and egress.@ Their deed restriction does say that, and clearly preserves the right of ingress and egress to properties to the east.

Mr. Sportsman said he was disappointed to learn there has been no conversation between the parties as to a positive resolution. There are issues on both sides. He would strongly urge that both parties have some conversation and discuss some options. Mayor Quitmeier said Mr. Tinsley suggested a mediator. It=s obvious the parties are at an impasse. Both parties and the City would sit in on the mediation.

Mr. and Mrs. Young said they did not want to pursue mediation, and Mrs. Young added that it=s her property B she has been paying taxes on it for 25 years. Part of that line where she has her flower garden was there 25 years ago when they moved in. The mayor said they are not going to kick them off. Mrs. Young said it would take away her parking, thus taking away her business. Mayor Quitmeier said the City will have to decide whether to leave things status quo or vacate the street. Mrs. Young said today she was told she was blocking the roadway there. Mayor Quitmeier said Mr. Tinsley and Mr. Williams said they have no intention of taking traffic through there. They just don=t want to cut off their options for the future. Mr. Tinsley affirmed that. He said if something can be worked out he didn=t mind if they encroached on the street.

Mayor Quitmeier said his idea is to fix 2^nd Street. It is very difficult to get in and out. The same thing was true of 6^th Street until it was changed; he thought maybe the same thing would work for 2^nd Street.

Mrs. Arnold said she doesn=t think there is room for 3^rd Street to be a street. She said it had been suggested that going in the postoffice one way and coming out the other would help. Mr. Tinsley said he just wanted an easement B one-way would be okay.

Mr. Friedman asked how they perceived putting a street through without totally eliminating Mrs. Young=s parking. Mr. Tinsley said they have that right now. They just elected not to use it. When they bought the property that was part of it. They feel their property back there could be hurt. Mrs. Arnold asked what period of time did they think would elapse before they might want to use 3^rd Street? Mr. Tinsley said five years, maybe, who knows? He is just saying don=t shut them off because down the road they might need it.

Mr. Poole said if they put automobiles through there, Mrs. Young will have no place to park. Mr. Tinsley said all they have to do is put some fill behind it. Mr. Young said they don=t want their property disturbed. Mr. McKahan said 3^rd Street has not been traveled for maybe ten years. They (Mr. Tinsley and his partners) would like to use his parking lot when their banquet room is open. If they (Mr. McKahan and Mr. and Mrs. Young) don=t stop this, Mrs. Young will not have any parking. Mr. Young said his wife worked in that building 25 years. He=s on disability, and her job is their livelihood. Her ladies range in age from 65-100 years old. If you take her parking away, he said, you=re taking away their livelihood, too.

Mr. Poole said he thought the Board should vacate the street and let them use it as they have. He added there is junk back there where they (Mr. Tinsley and his partners) want to put a driveway. Mr. Schooling, a neighbor of the Youngs, agreed.

Mr. Tinsley said they are completely redoing the building right now. That=s a good part of it. They are just about finished with that and will clean it up. Mr. Sportsman asked for what purpose they are redoing the building. Mr. Tinsley said to expand Papa Frank=s Restaurant. Mr. Sportsman asked what their plans are for parking. Mr. Tinsley said there are about 50-60 parking spaces there. The Fire Department prefers that this road be left open. They said if there was a fence up there they would cut the fence if they had to. Mr. Sportsman asked if they had difficulty the last 25 years. Mr. Young said they (firemen) have driven back there for years with no problem.

Mayor Quitmeier said he thought this matter needed more dialogue. He would like to see it postponed until the next meting, which would be in three weeks. If aldermen wanted to vote tonight, he said, he would be glad to ask Mr. Ferguson to read it. Mr. Poole said we had vacated streets before. Mr. Sportsman said he agreed with the mayor that they were getting ready to do something permanent. He asked if there was any possibility a mediator might help. Mr. Young said he didn=t see how. Mayor Quitmeier said if they have a right of ingress and egress they could potentially file an action in court.

ALDERMAN RITTMAN MOVED TO TABLE THS ISSUE FOR THREE WEEKS (1) TO DO DUE DILIGENCE, AND (2) GET CLARIFICATION ON SOME OF THE LEGALS, AND (3) ASK FOR MEDIATION; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

CAMI DAVEY ON FOCUS GROUPS

Ms. Davey distributed reports to the mayor and aldermen, noting that most of them had an opportunity to meet for focus group discussion. Mayor Quitmeier asked her to explain the focus groups to the audience. She said she was asked by representatives of the Main Street Parkville Association and the Parkville Chamber of Commerce to conduct focus groups to get some information from the community. She had representatives from each of the residential areas, merchants, property owners, university representatives, and elected officials (the latter conducted just prior to the last Board of Aldermen meeting).

The focus groups looked at strengths, weaknesses and needs. They looked at community and civic organizations. They looked at immediate and long-term goals. Conclusions were as follows: First, everyone agreed they wanted to preserve small-town quaintness while allowing controlled growth. Second was to have a semi-annual town hall meeting; people want city officials to inform them of future plans, and they want to present their ideas to city officials. Third was a recommendation for a community-wide organization that would assist all businesses in the community; and fourth, to develop community enhancement projects.

The groups felt we should re-evaluate festivals, placing an emphasis on the purpose of each event and an evaluation of patron attendance. We should develop a plan for historic preservation of current residential homes. There was discussion about a community-wide survey, discussing a defined plan of action of marketing. Traffic was discussed, and the need for a traffic study.

Mayor Quitmeier said there was a $500,000 grant for sidewalks along Highway 45 - we will hire tonight a community development director so we have already implemented one of these things. The mayor asked if there were any questions for Ms. Davey. Mrs. Arnold thanked Ms. Davey for all the work she put into this project; the mayor agreed, and said it was a great report. He asked her to attend the next awards banquet.

PARKVILLE RIVER FESTIVAL, INC. - 4^TH OF JULY AND PARKVILLE DAYS, 2002

Mr. Hutsler said this was the third meeting he had come before the Board of Aldermen. Hopefully, he said, tonight he would get final approval for 2002. He asked if they wanted to vote on the two festivals separately, and the consensus was yes.

4^TH OF JULY

He said he had shown them a copy of the final statement for this year. They raised $52,558 in revenue for the joint festivals. Net proceeds were approximately $7,200. They were able to pay off the debt from last year. They had a very successful year. He thanked everybody for their cooperation.

He asked for next year=s July 4^th to be another four-day event, with the carnival here from Wednesday through Saturday.

Mrs. Arnold asked if he had the two festivals divided by amount, as the Board asked him to do at the last meeting? Mr. Hutsler said no; they have only one checking account. Acting Treasurer Karen Montgomery recommended they show every check and on the line item show what event that=s for. Parkville Days collects money throughout the year. Mr. David McCoy said it is tough for the Board to understand it that way. Mr. Hutsler will talk with Mrs. Montgomery and have that for aldermen.

Mr. Hutsler said he did pass out the minutes of the Main Street Parkville Association meeting. They discussed Parkville River Festival=s two events, discussing July 4^th in particular. The Main Street Steering Committee passed a motion 6-1 in favor of promoting July 4^th the same as this year.

Mr. Poole asked about the carnival. Mr. Hutsler said the 4^th is Thursday. He spoke with Midland Empire Carnival owner John Evans, who wants to be open Wednesday through Saturday. The parade and the breakfast will be on the 4^th. Mayor Quitmeier asked him if the Lions would be able to use the Farmers Market shelter without charge. Mr. Hutsler said absolutely B they realize the Lions have been doing this event for years, and they were able to redo their budget so they will not be relying on not-for-profit vendors B they realize now they don=t necessarily need it. If it became entirely not-for-profit vendors then those vendors may want to take the responsibility of paying for the event. Mayor Quitmeier said they could carve Farmers Market out of the area Parkville River Festival is allowed to use. Mr. Hutsler said the contract the City uses for festivals says any vendor has to come through the sponsor for that event. He said this was because of the liability issue. He should make it clear that not for profit groups would be welcome to participate without charge. Mr. Hawver said he would be careful to make that local. Discussion ensued on naming specific Parkville groups.

Mrs. Arnold said Mr. Hutsler passed out a report at the last meeting. He had distributed another budget on July 10^th. They are different. She asked how much he paid for fireworks. Mr. Hutsler said $6,500. Mrs. Arnold said the figure for fireworks is shown on the latest report as $13,300. Mr. Hutsler said they had a loss last year of $8,000 for the year 2000. Dave Williams and he made a loan B what you=re seeing there, he said - they took the budget back to basically when the loans were made so now they have the payoff and all the expenses are paid. Mrs. Arnold asked if that figure ($13,300 for the fireworks) included the loan. Mr. Hutsler said there were actually two loans - $6,000 from Tomkat LLC and $2,080 from him personally.

Mrs. Arnold said that=s why she=d really like to see the report divided. Mr. Hutsler said he will have a copy as soon the checks are written.

Mayor Quitmeier said his concern has always been that the carnival takes up the parking. People can=t park in Riverside (at Prologis, the industrial park), or at Parkville Heights Shopping Center. The Park University president says that, given the safety concerns, she doesn=t really like to have the campus inundated with cars, and doesn=t like to see cars parked on either side of Highway 9, much less on both sides. The chief has always objected to parking on Highway 9, as does the Highway Patrol. Where do we park?, he asked. Mr. Hutsler said on July 4^th there are 3-4,000 cars that probably try to park in Parkville. The parking lot has approximately 150 spaces. He said we have talked about moving the carnival to the ballfield. It was a dump. If there=s a void in there and we place heavy equipment on it B chances are the ground could give way and hurt someone.

Mr. Friedman said the ballfield wasn=t a dump B the parking lot was a dump. Mr. Hutsler said also, if it rains or is muddy they really don=t want to place themselves in that position from a liability standpoint. As far as the parking issue, their main concern, he said, is for the merchants and the tenants they have (they have approximately 30 tenants in downtown Parkville). Their goal is to make them as successful as possible. Whenever they have fireworks they have a tremendous amount of traffic. The new president at Park University is working very closely with Christmas on the River this year to enable them to use the shuttle and the 1200 parking spaces on campus. She is meeting with Mr. Hutsler and Park University Security Chief Pete Sturner on parking for next year. Jane Watson, chair of Christmas on the River, is gong to meet with Prologis and try to work out an agreement to use their parking again this year for Christmas on the River.

Mayor Quitmeier asked if they could use parking space at Graden and Lakeview Schools. Mr. Hutsler said they had looked at the shuttle system many times. City Clerk Barbara Lance said she attended a Christmas on the River meeting earlier that evening, and they have worked out parking arrangements with Park Hill South and Lakeview Middle Schools.

Mr. Hutsler said his contract with the carnival is for July 3^rd through July 6^th. It will arrive on Sunday and leave on Sunday.

Mayor Quitmeier asked if he would want a banner and a permit to sell beer. Mr. Hutsler said they don=t sell beer on July 4^th. Mr. Hawver said he=d like to make the contract subject to working out a contract. Mrs. Arnold asked if they could wait for approval until Mr. Hawver gets something worked out. Mayor Quitmeier said he thought Mr. Hutsler wanted to sign the contract with the carnival people. Mr. Hawver said he didn=t want anyone to consider this carte blanche. The mayor said it was just for the dates, and the carnival in the parking lot, and the parade. Mr. Hutsler said they would be able to leave all the streets open.

Mrs. Arnold said we were looking at a smaller event; Mr. Poole agreed, and said we talked about a one-day event, and he thinks that what it should be. Looking at the notes from the focus groups, he said some of the participants thought the event was too long. Mr. David McCoy said some of them wanted to keep it as is.

Mr. Friedman said he was thinking the parking problem is basically on the 4^th when they have the fireworks, and that=s going to be there anyway.

ALDERMAN DAVID McCOY MOVED TO APPROVE THE DATES AS GIVEN, AND THE PARADE, AND THE CARNIVAL IN THE PARKING LOT, SUBJECT TO WORKING OUT A CONTRACT WITH MR. HAWVER; ALDERMAN SPORTSMAN SECONDED.

Mrs. Arnold said we need a time line to make sure the contract is honored. Mayor Quitmeier told Mr. Hutsler he has to work it out with Mr. Hawver. Mrs. Arnold said if we ask for something and it=s not done - and this should apply to anybody, not just Mr. Hutsler - we can say no. Mr. David McCoy said we also have said we were going to ask for a budget. Mrs. Arnold said that=s why it=s a good idea to see the two events divided. Mr. Poole said the contract should include cleanup. Mr. Hawver said we really have had some problems. He wants to work with Mr. Hutsler on that.

ALDERMAN FERGUSON SECONDED; ALDERMEN ARNOLD, FERGUSON, FRIEDMAN, DAVID McCOY, FRANK McCOY, RITTMAN, AND SPORTSMAN - AYE; ALDERMAN POOLE - NO; MOTION CARRIED 7-1.

Mr. Rittman said he wanted to make a clarification - we are approving the fireworks. Mayor Quitmeier said this motion didn=t include that, but that=s always a given.

PARKVILLE DAYS

Mr. Hutsler asked for approval for Parkville Days to be set up in the park like it was this year. The dates would be August 23^rd, 24^th and 25^th. It would be in English Landing Park.

Mayor Quitmeier and Mr. Hawver agreed it worked well in the park and that good comments had been received about it.

Mr. Hutsler thanked H&H Septic for coming down twice to suck the water from the ground and dry the park for this year=s Parkville Days, without charge.

Mayor Quitmeier asked if Mr. Hutsler thought the parade is important. This year we had three parades in eight weeks, he said. Mrs. Arnold suggested we could get by with just one parade a year. Mr. Hutsler said Parkville Days is a smaller parade than the 4^th of July parade, but for both days they were able to keep people from parking in Parkville Heights Shopping Center. He said he would like to thank everybody who helped.

Mrs. Arnold said she really thought it taxes people. AIs there a way we could do something with the high schools without having a big parade...is there some way to work around that?@ she asked, and suggested they could perform in the park. Mr. Hutsler said the Park Hill South parade is only in Parkville every other year. Mayor Quitmeier said maybe we could alternate years B Park Hill South one year and Parkville Days the next. Mr. Hutsler said he thinks people do enjoy the parade.

Mr. Hawver said he knew there was a problem with the owners of the Lewin estate property, and with the merchants there, particularly Gomer=s. He asked if that had been worked out. Mr. Hutsler said the owners of the land behind Parkville Heights allowed them to park in all the fields on July 4^th, and then the day before Parkville Days this year they changed their minds and said they could not park in the fields. The mayor said that is private property, and you can=t park there without permission. Mr. Hutsler said they had four volunteers at Parkville Heights Shopping Center monitoring the situation, and not a single car parked in that parking lot.

ALDERMAN FERGUSON MOVED TO APPROVE THE 2002 DATES SHOWN AND THE USE OF ENGLISH LANDING PARK AND A PARADE, SUBJECT TO A CONTRACT BEING WORKED OUT; ALDERMAN FRANK McCOY SECONDED; ALDERMEN ARNOLD, FERGUSON, FRIEDMAN, DAVID McCOY, FRANK McCOY, RITTMAN AND SPORTSMAN - AYE; ALDERMAN POOLE - NO; MOTION CARRIED 7-1.

REZONING OF LAND AT 1315 EAST STREET

Mr. Ferguson said there was some concern that the proposed parking lot was too large and maybe should be cut back. The Planning & Zoning Commission did recommend this for approval, and there was some discussion about working out something on a conservation easement, as the property abuts the Nature Sanctuary. Mr. Hawver said applicant Scott McRuer wants to put his accounting office there; he would have two employees. Only one or two clients would be there at any given time. Mr. McRuer said he would give 25'-30' of easement or some kind of deed restriction on removing any trees for 30-35' on the eastern side of the property.

Mr. Hawver suggested to Mr. McRuer that he might want to rezone to a new zoning district, Open Space Conservation District. That would be more beneficial than a deed restriction.

Mayor Quitmeier said this property is presently zoned residential, R-4, and they=re asking us to zone it commercial. We don=t have to rezone it commercial, he said; if we=re going to do that we have every right to ask for concessions from the owner.

Mr. McRuer said the Planning and Zoning Commission approved the rezoning subject to the establishment of a buffer zone. He and Mr. Hawver were directed to go and identify the boundaries of the buffer zone, and what would be involved - removal of dirt, excavation, anything. It looked like 30-35' would be a reasonable distance. It can be identified by posts on the eastern perimeter of the lot. That was his understanding from the Planning Commission as to what was required to make this zoning happen.

Mr. McRuer said there would be three full-time people and two part-time people in his office. Current zoning (R-4, multi-family residential with a maximum of four dwelling units per acre) would (potentially) be a lot denser than what he is proposing. The issue is there was concern about the parking lot and the fact that it might create runoff for the Nature Sanctuary - oil, gas from vehicles - we did not specifically address removing parking spots. The size to which they are reducing it would be exactly what they need today. It does restrict how much of the existing parking he can use. He would be concerned (he said Planning Commission member Gary Smith had expressed this concern) if they have any growth. He would be reluctant to say he would never put in another parking spot. Currently the zoning is R-4, which would be suitable for student and multi-family housing. He didn=t think he was suggesting something that=s really a detriment. It is not in his interest to pave to the north and south.

Mr. Hawver said Planning approved this with the condition that some kind of buffer zone could be worked out between the City and the applicant. Mr. McRuer said Mr. Hawver provided a draft of that zoning. He read through it and had his attorney read it. Given what=s in there now, he said, that it would be used for open ground, some of it would be used for a park - he has no problem with any of that. That area wouldn=t be very productive to build on because of the access and the grade. Fifteenth Street was vacated in 1902. There is a 30-50' drop right off East Street.

Mayor Quitmeier asked how do we pass this ordinance but have a firm commitment that it will be rezoned? Discussion ensued on rezoning the eastern part of the property to the open space zoning (Mr. McRuer said he thought the eastern 35'). Mr. Ferguson said his initial hesitancy to rezone this was the thought that part of this property could be acquired for the Nature Sanctuary. He made contact with MO Representative Meg Harding and others, but timing is a factor. He wanted to assure Mr. McRuer that his opposition to it was based on that wish to acquire it for the City, not any opposition to Mr. McRuer=s proposal. Mr. McRuer said he understood, but pointed out that if the property were to be used as a headquarters for the Nature Sanctuary it would still need parking space.

BILLS AND ORDINANCES

ALDERMAN FERGUSON MOVED THAT BILL 1995, REZONING THE PROPERTY AT 1315 EAST STREET TO B-4, PLANNED BUSINESS, BE APPROVED FOR FIRST READING ALDERMAN POOLE SECONDED.

Mr. Friedman asked if there were a way to put in there that the City has first right of refusal? Mayor Quitmeier said no, not really. You can=t do that subject to a zoning issue. Mr. Frank McCoy said anything in B-4 zoning still has to come back to Planning and the Board of Aldermen.

ALL AYE; MOTION CARRIED.

Mr. Poole suggested the words Aand conservation easement@ be stricken from the ordinance.

ALDERMAN FERGUSON MOVED THAT BILL 1995 BE APPROVED AS AMENDED; ALDERMAN RITTMAN SECONDED.

Mayor Quitmeier told Mr. McRuer this was his promise to work on rezoning to open space the back property (to the east).

ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1995 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 1980; ALDERMAN RITTMAN SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Bill 1995 was posted 10/12/01.

Mr. Hawver said this means former First Lady Dorothy Gresham will be moving out of town; Mayor Quitmeier said she already sent a letter resigning from the Tree Board. He asked for nominations to replace her on that body, but added that she was irreplaceable.

DAVID BARTH RE ATHLETIC TRAINING COMPLEX

This was a matter of a lot split, not a rezoning. The upper part was zoned business, Mr. Hawver said. The western part is currently zoned residential. The business part will include two office buildings, and the residential district does allow the training complex. On the plat there will be conditions of perpetual maintenance of ingress and egress. Mayor Quitmeier told Mr. Barth that as long as he owned the property he would of course have the right of ingress and egress, but if he were to sell any, the new owners will have the same right. Mr. Sportsman asked if it would be a private street. Mr. Barth said yes, it would be part of a parking lot.

BILLS AND ORDINANCES (resumed)

ALDERMAN FERGUSON MOVED THAT BILL 1996, AUTHORIZING A LOT SPLIT ON HIGHWAY 9 BETWEEN 6008 AND 6020, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1996 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

Mr. Barth said it was still his understanding that is=s all zoned B-4. Aylett Survey confirmed it with him. There have been some conflicting opinions. It is kind of confusing. He doesn=t think the new sports facility has exact zoning.

Mr. Friedman asked if that means all lots are going to be included as part of the athletic training complex? Mr. Barth said his plan is to sell off the southern section to a physical therapist. Mayor Quitmeier said they are considering only the lot split tonight. He will have to come back with the plans.

ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1995 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 1981; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

The above bill was posted 10/12/01.

SUBSTANCE ABUSE POLICY (cont=d. from last meeting)

Mayor Quitmeier passed out copies of City Attorney Jack Campbell=s letters of opinion received by the City in August, saying he was a little bit disappointed that in the draft we haven=t taken into consideration his rulings. This is a 4^th Amendment issue. The U.S. Constitution says no person may be searched without probable cause.

Mr. Campbell=s letter said we cannot constitutionally engage in pre-employment, post-accident or random testing of clerical employees. Mayor Quitmeier checked with Platte County B they require submission of body fluids as pre-employment screening for safety sensitive positions only. Kansas City=s policy is the same. The State of Missouri has no requirement for that. The Federal Government requires that for safety-sensitive positions only.

The mayor said they all swore to uphold the Constitution of the United States, yet this draft ignores the constitutional elements as expressed to us by our city attorney.

The mayor said he did not support the policy in its current state. He doesn=t like the phrase Areasonable suspicion.@ The 4^th Amendment says Aprobable cause.@

He thinks the message we should send to kids is that we=re against drugs but that we support the United States Constitution. He recently purchased the book 1984, and it talks about helicopters swooping down to look into people=s windows. He=s not suggesting this is the direction we=re going, but he=s concerned that we=re continually eroding constitutional rights.

Mr. Campbell told the mayor that day that any kind of testing is prohibited for employees except in safety-sensitive positions or based upon reasonable suspicion, and the pre-employment testing rules are the same. The mayor said he wondered if we continue to test bodily fluids that in ten or twenty years we=ll be testing for genetics. He asked if we had even one instance in Parkville of one employee whose actions impeded the safety of the citizens of Parkville.

He thought the policy should be reworked to conform to the standards of the United States Constitution and to be in conformance with the opinions of our city attorney.

Mr. Sportsman responded by saying that in that same paragraph about safety-sensitive employees Mr. Campbell attached Western Missouri Health Center=s case as an example of that. Their policy requires pre-employment screening for all applicants.

Mr. Sportsman read a statement and asked that it be put in the record. It follows.

AI would like to begin my statement by thanking Parkville=s attorney, Mr. Jack Campbell, our City Manager, Mr. Pat Hawver, and our Chief of Police, Mr. Bill Hudson, for their recommendations, time, and effort towards developing the proposed substance abuse policy; especially Mr. Hawver and Chief Hudson for the significant amount of time they devoted towards this important project. We are very fortunate to have them representing our City=s best interests.

AOur Counsel has advised that there is disagreement within our courts as to the appropriateness of random drug screening for all employees. Therefore, the policy before you does not require random substance abuse testing of all City employees. It does, however, include four important areas. First, new employees will be asked to submit to a substance abuse screening as a condition of employment. The message is clear, if you use illegal drugs; we do not want you working for the City of Parkville. If it is their choice to use illegal drugs, it should be our choice to decide whether or not we want users of mild-altering, illegal substances working for our City.

ASecondly, employees involved in accidents while involved with City business will be asked to submit to an alcohol and drug test in order to ascertain if they were under the influence during the accident. Additionally, heavy equipment operators may be asked to submit to a random drug urinalysis. Our employees and citizens should know that we would do everything we can to ensure they are working and living in the safest environment possible. Operators of potentially dangerous equipment should know that if they choose to work while under the influence, they would pay the consequences of losing their job. It is unacceptable for them to put their colleagues and the public in harm=s way due to their alcohol and/or drug use.

AThirdly, all reserve, part-time and full-time police department employees will participate in a random alcohol and drug urinalysis program. We have a Chief of Police and highly qualified personnel that support the benefits of random alcohol and drug urinalysis. Our constituents should take great pride in the quality of our police department and their willing participation will enhance their already outstanding reputation within the community.

ALastly, supervisors will have the ability to require a subordinate to submit to an alcohol and drug screen if they observe irrational, erratic, abusive, or confrontational behavior. Supervisors and fellow employees deserve to work in a supportive, safe, non-threatening and drug-free environment.

AYour support for this alcohol and substance abuse policy clearly communicates to future and existing employees that if you choose to ingest illegal drugs and/or come to work intoxicated, we do not want you working or representing our city, period. The message is clear; we support and will enforce a drug-free environment and workplace for all our employees.

AOur citizens should know that we would do everything we can to ensure their Public Safety department, both reserve and full-time, continue to perform at the highest level possible. They are fully supportive and welcome this random alcohol and drug urinalysis program.

AOur constituents will know that we are doing everything we can to ensure operators of heavy and dangerous equipment are working in their City and performing their jobs sober and not under the dangerous influence of narcotics.

AThe Mayor argues that the program I have just described, and is in front of you, is unconstitutional. I disagree. During the course of assembling this policy we consulted with our attorney, and we removed the portions where the courts have questioned constitutionality.

AThe constitution does not guarantee the right to actively participate in illegal activity by buying and ingesting illegal, mind-altering drugs.

AThe City should have the right to tell all current and future employees that if they choose to do drugs or prefer to work under the influence, we do not want you - go somewhere else.

AAs leaders of this community, I urge you to support this proposal. In addition to clearly setting appropriate expectations and high standards for our employees, it sends a very positive message to our children, the community, our sister-cities in the area, and most importantly, provides safeguards for current employees and our residents that we are doing everything we can to provide a safe, drug-free environment.A

Mr. Sportsman said our attorney issued a second memo after further discussion about the constitutional rights of cities to provide various types of drug urinalysis. In addition to the City of Independence, City of Gladstone, and numerous cities and businesses across the country, he said, and then he read from Mr. Campbell=s memo: AI have advised the City of Independence that there is some risk in continuing their current policy. I would not recommend doing pre-employment testing, but if the city decides to go forward, which is our decision, then I suggest that it be done the same way as the city of Independence, wherein the test is only given post-job offer.@ He said the example the attorney provided to support the mayor=s argument clearly shows pre-employment drug screening as a condition of employment.

Mr. Sportsman continued AYou may agree or disagree with the legalization of various drugs; you may agree or disagree with a person=s right to ingest drugs, but it is our right to decide the type of person we want working for us. It should be our decision to support the concept of a drug-free environment.@

The mayor said he thought that was an absolute sadistic insult to him to suggest that he would support drugs, the legalization of drugs, or the use of drugs. His argument is constitutional. He said he wanted to do everything we can within constitutional limitations.

AI want the safety of our public,@ the mayor said, AI don=t want our employees on drugs. I want our employees to support the Constitution as we would. On or off duty, we can make them make that commitment.@ He said Mr. Sportsman suggested our attorney was somewhat vague on that point; but the city attorney said AYou cannot constitutionally engage in pre-employment, post-accident, or random testing of clerical employees unless there is a specific safety aspect to their jobs.@

AThe Constitution does not guarantee the use of drugs. The Constitution says you will not search somebody unless it=s based on probable cause. The city attorney says it, and the 4^th Amendment says it. That is the message we can take to kids. We can pass that resolution - kids, don=t take drugs,@ Mayor Quitmeier said. He said the Constitution is the foundation of our society, and the reason we pledge allegiance to our flag.

Mr. Rittman said we=re talking about the City of Parkville and their employees and attitudes and trying to conduct a safe operation in this era. We are a ticking time bomb, unless we put in some acceptable drug policy. The mayor said he is willing to do an acceptable one. Mr. Rittman said many city, county, state and federal places have put one in, and so folks who take drugs don=t have many places to go except the places which don=t have a drug policy.

The mayor said the Police Department already has a policy, and we can put that in our personnel policy, which we passed many years ago, although it already says the basis for discipline includes, among other things, being under the influence of alcohol or (various) drugs. If you want to do another one to clarify that, he said, that=s fine, and if you want to do that for safety-sensitive employees, he=ll support that. If you want to do it for police employees, although the Police Department already has its own policy, he=ll support that, too B it should just be drafted within constitutional limitations. But we cannot take non-safety sensitive employees and test them.

Mr. Sportsman said the two examples our attorney provided to support No. 4 both do pre-employment screening and post-accident testing for all employees. He said it is the mayor=s opinion that it is not constitutional; the mayor said it=s the city attorney=s opinion as well. Mr. Sportsman said it is his opinion, which is as good as the mayor=s opinion, that it is (constitutional). The mayor said the city attorney said in the first letter and in the second letter he would not recommend doing pre-employment testing.

Mr. Hawver suggested we ask Mr. Campbell to come to our next Board meeting. Mr. David McCoy said we asked that he come to this meeting and were told there was enough written opinion that we didn=t need that. Mayor Quitmeier said he didn=t know how it could be more clear B Mr. Campbell said we cannot do that for non-safety sensitive positions. Platte County doesn=t do that; Missouri doesn=t do that; the federal government doesn=t do that.

Mr. Sportsman said according to Mr. Hawver almost 50% of the cities in Missouri have comprehensive drug policies. That means there are a number of people who disagree with the mayor=s opinion about the constitutionality or lack thereof of the drug screening policy.

Mr. Sportsman said he thought the Board should vote on the question of whether we want a comprehensive drug policy; the mayor said no, the question is whether we want a constitutionally satisfactory policy. We already have a drug policy. We can already require a pre-employment physical.

Further argument ensued on what our city attorney meant in his letters.

Mr. Poole asked for a work session on this policy. It looks to him like we are pretty well covered. Mrs. Arnold asked for a meeting the next week to go over the whole thing. Mr. Poole said as a city we need to know what we=re getting into. Supervisors need training. What is the cost?

ALDERMAN DAVID McCOY MOVED TO APPROVE THE POLICY PROPOSED THAT NIGHT; ALDERMAN SPORTSMAN SECONDED.

ALDERMAN POOLE MOVED TO TABLE THE MOTION; ALDERMAN FERGUSON SECONDED; ALDERMAN ARNOLD, FERGUSON, FRIEDMAN AND POOLE - AYE; ALDERMEN DAVID McCOY, FRANK McCOY, RITTMAN AND SPORTSMAN - NO. MOTION WAS TIED 4-4.

The mayor said he did not think he could vote to break the tie on the motion, so we would move forward with the motion to approve the policy.

ALDERMEN DAVID McCOY, FRANK McCOY, RITTMAN AND SPORTSMAN - AYE; ALDERMEN ARNOLD, FERGUSON, FRIEDMAN AND POOLE - NO. MOTION WAS TIED 4-4.

Discussion ensued on a possible date for a work session, and it was agreed to do that as soon as possible.

REVIEW OF MINUTES

ALDERMAN FERGUSON MOVED TO APPROVE THE MINUTES OF OCTOBER 2, 2001, AS PUBLISHED; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.

AUDIENCE INPUT

The mayor asked if anyone in the audience had anything to say. No-one did.

MAYOR=S REPORT

TIF (TAX INCREMENT FINANCING): Mayor Quitmeier distributed copies of the TIF timeline.

TRASH PICKUP: The mayor announced there would be fall cleanup the following weekend. Letters went out that day to residents, and a notice was posted on Channel 2. Mr. Hawver thanked the owners of English Landing Center for allowing the City to use their space. Street Department employees will be down there checking addresses to make sure those bringing trash are Parkville residents. Trash from commercial businesses will not be allowed. The mayor asked if they would go to homes and pick up; Mr. Hawver said no B we do that only in the spring. We accept refrigerators but no motors.

HIGHWAY 45 MEETING: Mayor Quitmeier announced there would be a meeting of the ad hoc Highway 45 committee group November 5^th, from 4 to 5:15 p.m., at The National. The first meeting was held on October 9^th. Everyone is welcome.

ART AT PARK: This event, held the previous weekend, was great, the mayor said. He added that Park University=s women=s soccer team is doing well.

RESOLUTION: The mayor read a resolution, attached to and made a part of these minutes, establishing a partnership agreement among Parkville, Weston, and Riverside, together with the Platte County-KCI Area Convention and Visitors Bureau and the Platte County Land Trust, to create the Platte County Commemorative Event Committee to develop events commemorating the Lewis & Clark exploration of 1804-1806.

ALDERMAN POOLE MOVED TO APPROVE THE MAYOR=S SIGNING OF THE RESOLUTION; ALDERMAN FERGUSON SECONDED; ALL AYE; MOTION CARRIED.

BALLOT REFORM MEETING: Missouri State Representative Meg Harding has set up a meeting Monday, October 29^th, at Parkville City Hall, to discuss ballot reform and ballot access. Other State officials will take part in a panel discussion. The public is invited.

CITY ADMINISTRATOR=S REPORT

Mr. Hawver said everything had already been covered or would be covered under Bills/Ordinances or Contracts/Agreements.

HOG FARM IN PLATTE COUNTY: Mr. Hawver said he would be attending a meeting in Farley the next night to discuss the expansion of a hog farm in that area.

POLICE CHIEF=S REPORT

No report.

COMMITTEE REPORTS

CHAMBER OF COMMERCE/MAIN STREET: No report.

CHANNEL 2 AND WEBSITE: Mr. Rittman said there would be a meeting the following Thursday at 7 p.m. at the Train Depot.

COMMUNITY CENTER: No report.

FARMERS MARKET: Mr. Friedman said there would be no farmers there again until spring.

FINANCE: Mr. Ferguson reported on the Financial Statement for September.

ALDERMAN FERGUSON MOVED TO ACCEPT THE SEPTEMBER FINANCIAL REPORT AS SUBMITTED; ALDERMAN RITTMAN SECONDED.

Mr. David McCoy said there are still a lot of inconsistencies. That=s why we authorized the new system. Problems like these justify the new system. He asked where we are with the audit. Mr. Hawver said he talked with Mr. Culley that day. Mr. Culley apologized and assured Mr. Hawver he would have it ready by the following week. Mr. Ferguson said he thought the new program would solve a lot of problems.

ALL AYE; MOTION CARRIED 8-0.

NATURE SANCTUARY: Mr. David McCoy reported on many activities, all well attended. A recent Girl Scout hike attracted 24 participants, one for the Park Hill Christian Church 17.

PARKS: No report.

PLANNING: Mr. Ferguson said there would be a meeting October 30^th. They had tabled some items from the last meeting. There is a rezoning request for land just west of Melody Lane along Highway 45; developers want to put a bank in there. Another item is rezoning south of the entrance to Pinecrest; a developer wants to make that B-4 also. Mayor Quitmeier said a lot of Pinecrest residents are opposed to development there.

TREE BOARD: Mr. Frank McCoy said they met October 10^th. A major topic of discussion was the Princeton grant of $12,800. Parkville=s share is $3,205.

BILLS AND ORDINANCES (resumed)

ALDERMAN FERGUSON MOVED THAT BILL 1997, EMPLOYING SANDRA GOVER AS ADMINISTRATIVE ASSISTANT/ASSISTANT CITY CLERK, BE APPROVED FOR FIRST READING; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1997 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 1997 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 1982; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED 8B0.

Above bill was posted 10/12/01.

ALDERMAN FERGUSON MOVED THAT BILL 1998, EMPLOYING DANIELLE DEVLIN AS COMMUNITY DEVELOPMENT DIRECTOR, BE APPROVED FOR FIRST READING; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1998 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY= ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

Discussion ensued on the subject of making the City=</