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Regular Meeting BOARD OF ALDERMEN CITY OF PARKVILLE, MISSOURI May 7, 2002
CALL TO ORDER
Mayor Charley Kutz called the meeting to order at 7:04 p.m. Ward 1 Alderman Jack Friedman - present Ward 1 Alderman Charlie Poole - ABSENT WITH PRIOR NOTICE 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 Marc Sportsman - ABSENT WITH PRIOR NOTICE Ward 4 Alderman Kathy Dusenbery - present
ALSO PRESENT: FOR CITY OF PARKVILLE: City Administrator Patrick Hawver City Attorney Jack Campbell Police Chief Bill Hudson Public Works Director Jeff Rupp Superintendent of Streets Alan Schank Superintendent of Parks and Channel 2 Director Ed Gault Wastewater Superintendent Al Kennedy Assistant Wastewater Superintendent Leonard Johnson Robert Chuck White, crew member Nathan Noland, crew member James Ryan Bearden, crew member Gary Helms, landscape worker Shan Johnson, crew member and Channel 2 cameraman Administrative Assistant/Assistant City Clerk Sandy Gover VISITORS: Al McCormick, Gary Smith and Rhoda Powers, Planning Commission Resident Frank McCoy Eagle Scout Brandon Kimble Jeffrey McFadden Joe Heide and Didier Combe re resort license for Café des Amis Larry Rieke re packaged liquor license for L&D Conoco Fuel Centers Scott McRuer re sign at 1315 East Street Brian Hall, attorney Chris Locke for Cyclo-Cross FOR GREEN, INC.: Kevin Green, developer Sherwin Epstein and Alan Kovar, attorneys John Rowe, partner of Mr. Epstein Jim Marshall, architect Charles Logan, design engineer Jim Fulton, traffic engineer David Lovelace, planner Otis Miller Tom Rule, appraiser
PINECREST RESIDENTS: Ken & Sandra Kerns Mr. & Mrs. Monty Raine Maureen Hurd Lisa Williams Rhoda Powers David Everett Al McCormick
MEDIA PRESENT: In addition to Ed Gault and Shan Johnson for Channel 2 (noted above) Nancy Jack Martha Zirschky
Mr. Rupp asked Mr. Kimble to explain the scope of the project he planned and carried out with the help of other Boy Scouts. Mr. Kimble said they cleaned out the storm drains in The Bluffs and in other areas. He hopes that will reduce the waste flowing through the pipes. Mr. Rupp complimented the Scouts on all the hard work that went into this project and said their work has been of great assistance to the city. RESORT AND SUNDAY SALES LIQUOR LICENSES FOR CAFÉ DES AMIS: Mr. Combe, owner, and Mr. Heide, operating manager, were present to request upgrading the beer and light wine license they have been using to a full resort license. ALDERMAN FRIEDMAN MOVED TO GRANT RESORT AND SUNDAY SALES LICENSES TO CAFÉ DES AMIS; ALDERMAN DUSENBERY SECONDED; AYE; ALDERMAN RITTMAN ABSTAINED BECAUSE HE HAS A MINOR FINANCIAL INTEREST IN CAFÉ DES AMIS; MOTION CARRIED 5-0, WITH ONE ABSTENTION. RESORT AND SUNDAY SALES LIQUOR LICENCES FOR THE NATIONAL II: City Clerk Barbara Lance explained that she advised Debbie Smith of The National II that it would not be necessary for anyone from The National II to attend the board meeting, as the principals are the same as The National, which is already operating with resort and Sunday sales licenses granted by the City. ALDERMAN RITTMAN MOVED TO GRANT RESORT AND SUNDAY SALES LICENSES TO THE NATIONAL II; ALDERMAN FERGUSON SECONDED; ALL AYE; MOTION CARRIED 6-0. PACKAGED LIQUOR AND SUNDAY SALES LICENSES FOR L & D CONOCO FUEL CENTER: Mr. Rieke was present to request these licenses for a store operated in conjunction with a gas station in the Crestridge Shopping Center. ALDERMAN RITTMAN MOVED TO GRANT PACKAGED LIQUOR AND SUNDAY SALES LICENSES TO LARRY RIEKE FOR THE L&d CONOCO FUEL CENTER; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED 6-0. Mr. McRuer and his attorney, Brian Hall, were present to request approval for a sign which had already been erected. The property is zoned B-4; the sign was not considered when the site plan was approved. Subsequently Mr. McRuer requested a sign permit which was granted without going before the Board of Aldermen, as B-4 zoning requires. Discussion ensued. ALDERMAN RITTMAN MOVED THAT THE APPLICATION BE APPROVED AS SUBMITTED WITH THE UNDERSTANDING THAT APPROPRIATE LANDSCAPING WILL TAKE PLACE WITHIN 30 DAYS. Discussion ensued. ALDERMAN DUSENBERY SECONDED. Discussion ensued. AYE - ALDERMEN ARNOLD, DUSENBERY, McCOY, RITTMAN, NO - ALDERMEN FERGUSON, FRIEDMAN; MOTION CARRIED 4-2. Mr. McCoy asked that the minutes show that this motion did not include approval for the parking area. Mr. Ferguson said that area, noted as "future" on the site plan, was already paved. NOTE: Above discussions will be covered in more detail in an attachment to the original of these minutes, located in the office of the city clerk. It will be marked Attachment A. The city administrator's report for that meeting will also be attached to the original minutes; it is marked Attachment B. A videotape of the entire meeting (2 tapes) may be purchased for $40. Mr. Hawver apologized for the error made by staff in this matter. He assured the Board it would not happen again. He particularly apologized to Mr. McRuer. He asked Mr. McRuer if he would like to sell the sign saying "No Trucks," as that is not permitted in his front yard. Mr. McRuer said he would. Mayor Kutz read a proclamation to declare that week Public Works Week. Members of the Street, Parks, and Wastewater staffs were present and were given a round of applause by officials and others. A proposal to rezone property on the east side of Highway 9 in front of the Pinecrest subdivision was made by developer Kevin Green for the purpose of building three office buildings. The Planning Commission recommended 7-2 against rezoning this property from R-1 and R-3 (both single-family residential) to B-4 (planned business). Petitions in opposition were filed by more than 30% of owners of property within 185' of the proposed rezoning, meaning a favorable vote by six of the eight aldermen would be required to pass the ordinance. The issue was before the Board of Aldermen at this meeting. Attorney Sherwin Epstein and his associate, Alan Kovar, were present to represent Mr. Green, along with Mr. Epstein's partner John Rowe; architect Jim Marshall, design engineer Charles Logan; traffic engineer Jim Fulton; planner David Lovelace; Otis Miller; and appraiser Tom Rule. Each spoke on varying aspects of the issue. A transcript of these presentations, as taken by a court reporter and provided by Mr. Epstein, will be attached to the original of these minutes, located in the office of the city clerk, and will be marked Attachment C. The city administrator's report will be attached as Attachment B, as noted above; it explains the background of this matter. A videotape of the entire meeting (2 tapes) may be purchased for $40. Pinecrest residents spoke in opposition to this matter, and aldermen present commented on it. Their remarks are included in the transcript, and are part of the videotape. ALDERMAN FERGUSON MOVED TO APPROVE BILL 2024, REZONING THE PROPERTY ON HIGHWAY 9 TO B-4, FOR FIRST READING; ALDERMAN ARNOLD SECONDED. Discussion ensued on whether they should vote on this issue with only six aldermen in attendance. Mayor Kutz asked them to vote on whether they wished to continue with the vote. AYE - ALDERMEN ARNOLD, FERGUSON; NO - ALDERMEN DUSENBERY, FRIEDMAN, McCOY, AND RITTMAN. Mayor Kutz announced the bill would not be read. Mrs. Arnold said if it was going to be discussed later, they should decide on a date. Mr. Ferguson said they did not need to find ways to push this through as opposed to listening to the people. Mr. Friedman said they represent the whole town, and to be professional they should consider it when everyone is there. Mayor Kutz said they should ask the applicant. Mr. Epstein replied that Mr. Green would like a decision made that night. Mr. Campbell said the motion has not been tabled. The Board just agreed not to read it. If Mr. Ferguson wanted to make a motion again it could be agreed upon. Mr. McCoy asked if he could move that they table it. Mr. Rittman said the Board needs to do what's in the best interest of the city. Mrs. Dusenbery asked what if they worked with Mr. Green and got the traffic problem solved? Mr. Frank McCoy, resident of the city and former alderman, referred to the water tower matter and said that worked out for everyone. He would hate for this project not to be done in Parkville because of what that would say to developers throughout Kansas City. He was sorry that the folks in Pinecrest didn't come to the TIF (Tax Increment Financing) meetings and address the same issues. He thinks the traffic issues there (at Parkville Commons, now Parkville Heights Shopping Center) are going to be horrendous. This project probably deserves as much thought as other things we have done throughout the city. Mrs. Powers replied she is a Pinecrest resident and a member of the TIF Commission, and the property approved for that project was already zoned commercial. Mr. David McCoy asked Mr. Campbell if aldermen would be personally liable for a negative decision. Mr. Campbell said no, they would be acting in their official capacity. There was further discussion on traffic. Mayor Kutz asked if they had a motion to read the bill. ALDERMAN FERGUSON MOVED TO APPROVE BILL NO. 2025, REZONING PROPERTY ON HIGHWAY 9 TO B-4, PLANNED BUSINESS; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED. ALDERMAN FERGUSON MOVED THAT BILL 2025 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 2025 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2009; ALDERMAN FRIEDMAN SECONDED; AYE - NONE; NO - ALDERMEN ARNOLD, DUSENBERY, FERGUSON, FRIEDMAN, McCOY, RITTMAN; MOTION FAILED BY VOTE OF 6-0. Mayor Kutz thanked everyone who came to participate in the discussion. Mr. McFadden, 39090 W. 130th Street, Richmond, Missouri, said he has negotiated with Kansas City about picking up passengers (six at a time) and bringing them to Parkville to shop and eat, and then taking them back, at the same time bringing other passengers. He asked for support for the general concept, and then he would work out the details and come back with an official request. Mr. Friedman said any plans should not include signs or fixtures at the waterfront. Current water level was discussed. There was general consensus that aldermen would be willing to listen to Mr. McFadden's proposal when he is ready. ALDERMAN FERGUSON MOVED TO APPROVE THE MINUTES OF APRIL 16th AS PUBLISHED; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED. This piece of land was inadvertently omitted in the annexation of commercial properties to the west of the city. Discussion ensued. Mr. Hawver said all public services provided to the rest of the city can be provided to this area. ALDERMAN McCOY MOVED TO APPROVE THE ANNEXATION OF THE BALANCE OF PARKVILLE SELF-STORAGE; ALDERMAN FERGUSON SECONDED; ALL AYE; MOTION CARRIED. An ordinance would be presented for consideration at the next meeting. PLAQUE HONORING LEWIS & CLARK EXPEDITION: Mayor Kutz said he attended a program of the White Alloe Chapter of the DAR (Daughters of the American Revolution) at the Parkville Spirit Fountain on April 21. The program was to honor the Lewis & Clark Expedition of 1804, and to recognize that the area which became Parkville was visited by that expedition. Meg Harding, 30th District Representative of the Missouri House of Representatives, presented the City of Parkville with a plaque commemorating the occasion. He thanked the DAR and Ms. Harding. NOMINATIONS: The mayor nominated Marvin Ferguson as mayor pro tem, and the following people to the Planning Commission:
to expire in May, 2003. ALDERMAN DUSENBERY MOVED TO APPROVE THE LIST OF NOMINEES AS PRESENTED BY MAYOR KUTZ. MOTION FAILED FOR LACK OF A SECOND. Discussion ensued. Committee terms which expire in a given year do so on the date of the first Board of Aldermen meeting in May. It was decided to hold a special meeting Thursday, May 9th, at 6:30 p.m. at the Train Depot to vote on above appointments. CYCLO-CROSS RACE. Mr. Hawver said Chris Locke would like to have this race in the park again this year. He did it last year and there were no complaints. No damage was done to the park or grass. The size of the race would be the same as last year. The Park Committee approved it last year, and its approval will be sought again this year before the event is okayed. Staff recommends approval. KCPT, CHANNEL 19: This public TV station is looking for volunteers to videotape scenes in Parkville on Saturday, May 18th, to be combined into a broadcast titled "A Day in the Life of Parkville" and shown in August. Volunteers were to meet May 14th or 15th in the Train Depot. RUSH CREEK: Mr. Hawver said we have had severe erosion problems in the park, a lot of them in the area of Rush Creek, Temporary fencing has been put up to help contain it, but erosion is continuing. He will ask the Corps of engineers to partner with us on the erosion issues. They have roped off pedestrian access across the Waddell Bridge. We can anticipate some extensive repairs. Chief Hudson said he had distributed the April crime statistics. Citations are up, accidents are down; crime is down. CHANNEL 2: Mr. Rittman said there's a lot of work going on, and he will make a fuller report at the next meeting. FARMERS MARKET: Mr. Friedman said to keep coming down. An ordinance is being prepared to cover the sale of sausage. MAIN STREET/PARKVILLE CHAMBER OF COMMERCE: Mrs. Arnold asked permission to post a banner for Jazzfest, dates of which are June 14-15, and to sell beer and light wine at the festival. ALDERMAN FRIEDMAN MOVED TO APPROVE THE BANNER AND THE LICENSE TO SELL BEER AND LIGHT WINE; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED. Mr. Friedman also suggested the City spray for mosquitoes prior to the event. NATURE SANCTUARY: Mr. McCoy said Saturday morning there would be water quality testing. Participants should meet at 8 a.m. behind City Hall. Mr. Friedman said that Thursday evening there would be a bird walk. PARKS: No report. PLANNING COMMISSION: Mr. Ferguson said the agenda for the meeting to be held the following week had been posted. It included consideration of rezoning English Landing Park and the Nature Sanctuary to PLCD; amending Zoning Ordinance to allow billboard-type signs in conformance with RSMo 226.500 and 226.600; approval of an accessory storage building at 945 Professional Building; and approval of an amended site plan for English Landing Center. TREE BOARD: No report. ALDERMAN FERGUSON MOVED THAT BILL 2026, REAFFIRMATION OF CONFLICT OF INTEREST ORDINANCE, BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED. ALDERMAN FERGUSON MOVED THAT BILL 2026 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED. ALDERMAN FERGUSON MOVED THAT BILL 2026 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2010; ALDERMAN FRIEDMAN SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 6-0. Posted 5/2/02. ALDERMAN FERGUSON MOVED THAT BILL 2027, CONTRACTING WITH IDA LAKE TO ACT AS SUPERVISOR OF THE FARMERS MARKET FOR THE 2002 SEASON, BE APPROVED FOR FIRST READING; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED. ALDERMAN FERGUSON MOVED THAT BILL 2027 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 2027 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2011; ALDERMAN McCOY SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 6-0. Posted 4/29/02. ALDERMAN FERGUSON MOVED THAT BILL A-693, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED. ALDERMAN FERGUSON MOVED THAT BILL A-693 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 A-693 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-693; ALDERMAN ARNOLD SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 6-0. SEWER LINES: Mr. Friedman asked if we heard anything more about the engineering on sewers below the streets in downtown Parkville. Mr. Rupp said he would have a report in two weeks. DRAINAGE IN PINECREST: Mrs. Arnold said there is a drainage problem in Pinecrest behind the McCormick home. Mr. Campbell said a matter came up that day which needed the immediate attention of the Board of Aldermen; it involved a lawsuit filed against the City that day. He asked that the minutes reflect that this session was an emergency requiring the waiver of the 24-hour rule. ALDERMAN FRIEDMAN MOVED TO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING LITIGATION UNDER THE AUTHORITY OF RSMo 610.021(1); ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED. The open meeting was closed at 11:05 p.m. Discussion ensued. ALDERMAN FERGUSON MOVED TO ADJOURN TO OPEN MEETING; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED. There was no report coming out of executive session. ALDERMAN McCOY MOVED TO ADJOURN; ALDERMAN DUSENBERY SECONDED; ALL AYE; MOTION CARRIED. Submitted by ________________________________ City Clerk Barbara J. Lance - 5/18/02
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