Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

July 16, 2002

CALL TO ORDER

Mayor Charles E. Kutz called the meeting to order in the Board Room of City Hall at 7:04 p.m.

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 Marc Sportsman - present

Ward 4 Alderman Kathy Dusenbery - ABSENT WITH PRIOR NOTICE

ALSO PRESENT: City Administrator Pat Hawver

Police Chief Bill Hudson

Director of Public Works Jeff Rupp

Director of Community Development Danielle Devlin

Superintendent of Streets Alan Schank

Parkville Lions President Don Miller

Parkville resident Bill Grigsby

Rebecca Brooks for Jazzfest (Parkville Jazz & Fine Arts River Jam)

Tony Borchers for The National

Parks Committee Chairman Sandra Ferguson

Patricia Jensen of White Goss Bowers March & Schulte PC for P&G

Paul and Gregory Mancuso, P&G Hardware

Planning Commission Chairman Al McCormick

Planning Commission Member Nancy Jack

Tom Hutsler

Parkville business owner Winnie Wang

Dave and Doug Nesbitt

MEDIA PRESENT: Ed Gault and Shan Johnson for Channel 2

DON MILLER FOR PARKVILLE LIONS

Don Miller thanked the Board of Aldermen for the use of the Farmers Market for the Lions Pancake Breakfast on the 4^th of July. He especially wanted to thank the Park Department, which carried tables from the park shelters to the Farmers Market shelter for the breakfast. He had earlier distributed to the Board a letter which enclosed a financial accounting of the event. He said it was a success, but noted they had complaints from some regular patrons that they couldn=t attend because there was no parking. He asked if perhaps in the future the entire east parking lot could be left empty that week for the benefit of Lions and Farmers Market patrons.

Mayor Kutz thanked him for coming.

BILL GRIGSBY

Mr. Grigsby spoke as one who has been involved in events in Parkville throughout the years, especially Christmas on the River. He asked aldermen to keep an open mind in deciding what to do about a stage. He noted that needs differ for each event B some require larger stages, some smaller. He asked why not build a permanent stage that can be segmented and parts of it could be moved to different locations as needed. He paid tribute to the Nesbitt brothers for their work on stages for events over the years. Mayor Kutz thanked him for his input in the matter.

ANGIE SCHRECK FOR WOMEN=S TRAINING TEAM

Ms. Schreck is associated with St. Luke=s Northland Hospital. They are using English Landing Park for a Women=s Training Team (a run-walk event) in conjunction with the same event at Shawnee Mission Medical Center. It will start August 15^th and run every Thursday night from 6:30-8 p.m. They will use the Farmers Market for a registration area. They need volunteers to help with registration.

Mr. McCoy asked about cleanup. Ms. Schreck said they have a whole committee coming out, and hope to leave the park as they find it. Mr. Hawver said the City will work with her.

Discussion about numbers indicated they do not intend the Parkville event to be as big as Shawnee=s, which attracts up to 400 people. Parkville does not have that much parking. She left flyers with information; they will be available in the rack in the City Hall lobby.

REBECCA BROOKS FOR JAZZFEST

Mrs. Brooks had distributed financial statements on this June event to aldermen earlier. She said it was very successful; the books aren=t entirely closed, and they may see additional income. They stayed within 2% of the budget they presented to the Missouri Fine Arts Council; unfortunately they may not get the funding they requested from that body because of the State=s budget cuts. The only expense to come out of the funds is enough for a small thank-you party for the volunteers. The committee will be talking about a possible donation to the city - maybe for benches downtown so husbands would have a place to wait while their wives shop.

Aldermen expressed enthusiastic appreciation for the event. Mayor Kutz said it=s a wonderful event, renowned all over the metropolitan area now; people talk about it all the time. The City appreciates her hard work, he said. Mrs. Brooks said there are about 12 volunteers, including herself. She would pass the City=s appreciation along to them. She estimated that among them they gave 600 to 700 hours of volunteer time.

The mayor asked for other audience input. There was none.

REVIEW OF MINUTES

ALDERMAN FERGUSON MOVED THAT THE MINUTES OF JULY 2, 2002, BE APPROVED AS PUBLISHED; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED.

MAYOR=S REPORT

WOMEN=S GOLF TEAM: Mayor Kutz reported that he attended a press conference at The National when it was announced that The National and Park University are teaming up to organize a women=s golf team. If they have enough teams they will become a member of the NAI League. The National will be the home course for the team.

FLAG AT POSTOFFICE: The mayor relayed concerns expressed to him by resident Chuck Wright about the flag flown at the Parkville postoffice. Mr. Wright, who served in the United States Marines Corps, wants to see the flag put up in a location where it can fly freely and be lit at night. The mayor said the City has no authority in this matter, but he would be glad to call on the postmistress and see what can be done.

CITY ADMINISTRATOR=S REPORT

CITY COLLECTOR POSITION: Mr. Hawver said Collector Sharon Roland resigned. He quickly advertised and received over 130 resumes. He interviewed some with the assistance of Aldermen Linda Arnold and Dave McCoy. Justin Kuder is the candidate recommended to the Board. The starting salary for that position is $32,164. Mr. Kuder said he hoped to make $35,000. He has a degree in accounting. The committee recommended going halfway, which would be $33,581.

Mr. Poole asked if he would be a long-term employee. Mrs. Arnold said he indicated he would.

Discussion ensued on the salary for Mr. Kuder.

ALDERMAN RITTMAN MOVED TO READ THE ORDINANCE FOR $35,000 BECAUSE OF HIS DEGREE AND BECAUSE OF HIS HISTORY OF WORKING FOR US AND FOR THE UNIVERSITY AND FOR HIS VOLUNTEER WORK IN THE COMMUNITY; ALDERMAN POOLE SECONDED.

Discussion ensued. Mayor Kutz said it had been moved and seconded to read the ordinance at $35,000; he called for the vote.

ALDERMEN McCOY, POOLE, RITTMAN, AND SPORTSMAN - AYE; ALDERMEN FERGUSON, ARNOLD AND FRIEDMAN - NO; THE VOTE WAS 4-3 IN FAVOR; MOTION TO READ THE ORDINANCE AT THE $35,000 LEVEL PASSED.

ALDERMAN FERGUSON MOVED THAT BILL 2039, EMPLOYING JUSTIN KUDER AS CITY COLLECTOR AT AN ANNUAL SALARY OF $35,000, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALDERMEN ARNOLD, FRIEDMAN, McCOY, POOLE, RITTMAN AND SPORTSMAN - AYE; ALDERMAN FERGUSON - NO; MOTION PASSED 6-1.

ALDERMAN FERGUSON MOVED THAT BILL 2039 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALDERMEN McCOY, POOLE, RITTMAN AND SPORTSMAN - AYE ; ALDERMEN ARNOLD, FERGUSON AND FRIEDMAN - NO; MOTION CARRIED 4-3.

ALDERMAN FERGUSON MOVED THAT BILL 2039 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2023; ALDERMAN SPORTSMAN SECONDED; ALDERMEN McCOY, POOLE, RITTMAN, AND SPORTSMAN - AYE; ALDERMEN ARNOLD, FERGUSON AND FRIEDMAN - NO; THE VOTE WAS 4-3 IN FAVOR. THE MOTION FAILED BECAUSE IT TAKES A MAJORITY OF THE BOARD (AT LEAST FIVE VOTES IN THIS CITY) TO PASS AN ORDINANCE .

Bill 2039 was posted (with no salary given) on 7/16/02.

ALDERMAN RITTMAN MOVED THAT BILL 2040, AN ORDINANCE EMPLOYING JUSTIN KUDER AT A SALARY OF $34,000, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALDERMEN ARNOLD, FERGUSON, FRIEDMAN, McCOY AND RITTMAN - AYE;. ALDERMEN POOLE AND SPORTSMAN - NO; MOTION CARRIED 5-2.

ALDERMAN FERGUSON MOVED THAT BILL 2040 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN FRIEDMAN SECONDED; ALDERMEN ARNOLD, FERGUSON, FRIEDMAN, McCOY , RITTMAN- AYE; ALDERMEN POOLE AND SPORTSMAN - NO; MOTION CARRIED 5-2.

ALDERMAN FERGUSON MOVED THAT BILL 2040 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2023; ALDERMAN FRIEDMAN SECONDED; ALDERMEN ARNOLD, FERGUSON, FRIEDMAN - AYE; ALDERMEN McCOY, POOLE, RITTMAN AND SPORTSMAN - NO; THE VOTE WAS 4-3 AGAINST PASSAGE. THE MOTION FAILED.

Bill 2040 was posted (with no salary given) 7/16/02.

Mayor Kutz suggested setting the matter aside until later in the meeting.

CITY ADMINISTRATOR=S REPORT

FOOTBALL FIELD AT FF HIGHWAY AND UNION CHAPEL ROAD: Mr. Hawver said the Parkville Panthers worked out an agreement with the SPCAA (Southern Platte County Athletic Association) to use its field. The Parkville Vikings would like to use the field at FF and Union Chapel. Mr. Hawver said it would be good to have them use it and they would keep the lawn mowed. They would like to make some improvements, but he cautioned them not to make any major improvements until staff and the Park Committee worked out a master plan for that area.

POLICE CHIEF=S REPORT

COMMENDATIONS TO OFFICERS BY ARRESTEE: Chief Hudson said a man who had been arrested and charged with driving under the influence (twice in Parkville) came into his office and complimented the arresting officers on their professionalism. The chief said he understood the officers involved to be Sergeant Jon Jordan and Officers David Winship and Brian Bradley.

DAMAGE TO PATROL CAR: An officer was doing a house watch for a resident who was on vacation and, not wanting to alarm the neighbors, pulled into the driveway with his lights off. On the way out he ran over a couple of mailboxes, with damage to the patrol car. There was an item on the bill-paying ordinance to repair the car.

COMMITTEE REPORTS

CHANNEL 2: No report.

COMMUNITY CENTER: No report.

FARMERS MARKET: Mr. Friedman said Saturday was Aa fabulous day@ at the market. The whole downtown parking lot was full from early in the morning. The Renaissance Players were there in costume.

FINANCIAL REPORT: No report.

MAIN STREET/PARKVILLE CHAMBER OF COMMERCE: Mrs. Arnold said this report was covered in the Jazzfest report given by Mrs. Brooks.

NATURE SANCTUARY: There was a wedding in the Nature Sanctuary, and the newlyweds donated $20 to the sanctuary. On Monday Lee Burgess brought members of his Sunday School class to the sanctuary. Mr. Burgess is also a member of the water quality stream team. There will be another water quality test on the weekend, and anyone interested is invited to join them.

PARKS: Mr. Poole said there was no meeting this month. They agreed on a site for a permanent stage, and he feels the Park Committee=s recommendation should weigh very strongly with the Board. We are getting close to the November deadline, he reminded everyone.

Park Committee Chairman Sandra Ferguson came to the podium and said the site is close to where the Jazzfest is held, in a group of trees that form a U-shape. They need to have it in an area where there is room to sit on the grass to watch activities on the stage. They do want to pull it out a little away from the Jazzfest location so that no tree roots are harmed. This is the first stage, not the last. Their goal is to have something larger when they can acquire some land. She said portable stages are labor intensive and can be destroyed by water.

Mr. Sportsman asked if the Nesbitt brothers presented their ideas to the Park Committee. Mrs. Ferguson said the Nesbitts did not appear before the committee. She believes they are still doing some of the stages for events.

She said this first stage being planned will not be large enough to do big productions. It will be for low-key productions. It will be raised off the ground so people can sit on the grass and watch. The university has expressed interest in using it. Limits will probably have to be placed on its use. Conditions of the grant limit what they can charge, but they can probably charge for electrical costs, etc. Mr. Sportsman asked who would approve the regulations for use of the stage. Mrs. Ferguson said she thinks there will have to be a policy established with parameters of use. Some part of the funds is County money, so they will have to work within the parameters of County officials, both present and future.

Mr. Friedman asked if they would consider just putting up permanent utility stations where they set up the portable stages. He would hate to see a permanent structure there; it would be used only a few times a year. MRS. Ferguson said the Park Committee feels it will be used extensively, in winter as well as in other seasons. They won=t know until they try it. A permanent facility will withstand floods.

Maintenance of permanent and portable stages was discussed. The need for Board approval was discussed, and it was reported the Board has already approved the project. Mr. Hawver said at the last meeting he was left with the understanding that he should continue going forward with it. He said a motion of support for that would be a good idea.

ALDERMAN McCOY MOVED TO FOLLOW THE PARK COMMITTEE=>S RECOMMENDATIONS FOR THE STAGE; ALDERMAN FERGUSON SECONDED; AYE - ALDERMEN ARNOLD, FERGUSON, McCOY, POOLE, RITTMAN AND SPORTSMAN; NO - ALDERMAN FRIEDMAN; MOTION CARRIED 6-1.

PLANNING COMMISSION: Mr. Ferguson said they met last Tuesday, and recommended approval of the final plat of Watson=s Country Lane and the rezoning of the property at 10400 Highway 45. They discussed amendments to the B-4 zoning district regulations. Three were just requirements giving staff authority for different drawings, etc., in addition to the original submission.

The one that was controversial was the one that said a change in use or occupancy needed to come before the Board only if it was a significant change. He said he felt the definition of what is Asignificant@ was a problem. He said we=ve never had a problem, so he would like to see this change not adopted.

BILLS AND ORDINANCES

Ms. Devlin said the Planning Commission was unanimous in its approval the final plat of Watson=s Country Lane. A small copy of the plat was enclosed in packets, but she also had a large drawing of the whole Community Unit Plan there at the meeting so aldermen could have an idea of the location.

Mr. Borchers said this is a replat of eight lots that were originally approved as part of the 10^th Plat of The National on the west side of North National Drive. They are steep uphill lots. They constructed a private driveway up there along the top of these lots. The houses would be designed with four-sided architecture to take advantage of the views.

Mr. Sportsman said at a distance it looks like a significant number of trees have been leveled. Was there a reason for that? Mr. Borchers said he believed Mr. Sportsman might be referring to the 11^th Plat. It is in the same general area. They tried to save as many of the trees as possible. The street and sanitary sewer construction required taking out some trees, but they don=t want to take out any more trees than they have to.

ALDERMAN FERGUSON MOVED THAT BILL 2041, APPROVING THE FINAL PLAT OF WATSON=S COUNTRY LANE, BE APPROVED FOR FIRST READING; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2041 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 2041 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2023; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 7-0.

Bill 2041 was posted 7/12/02.

Mrs. Devlin said this ordinance, bringing in property on Highway 45 by voluntary annexation and rezoning it to B-4, would add a piece to the property belonging to the Mancuso brothers, planned for the new P&G Hardware adjacent to The National. Their intent is to bring the entire plan, including the newly annexed piece, back to the Planning Commission for approval. It would include other retail spaces besides the hardware store.

Ms. Jensen appeared for the Mancuso brothers. With regard to the roadway easement, she had an opportunity to talk to the title company. At one point the property was divided into three tracts, and there was no access to the back tract, so a private easement was granted. Now all three tracts are under the ownership of Paul and Greg Mancuso, and their intent is to terminate that easement.

Mr. Hawver commented that he thought the original plan was pretty much squeezed on the property. He thinks adding this property is a great improvement to the project. The Planning Commission voted unanimously to recommend approval.

ALDERMAN FERGUSON MOVED THAT BILL 2042, ANNEXING AND REZONING PROPERTY AT 10400 HIGHWAY 45 TO B-4 ZONING, BE APPROVED FOR FIRST READING; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2042 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2042 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2024; ALDERMAN ARNOLD SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 7-0.

Bill 2042 was posted 7/12/02.

Discussion returned to the B-4 amendment ordinance. Mayor Kutz asked how changes in use or occupancy are handled in other cities. Mrs. Devlin said the way this is written is fairly unique. In other cities a certain amount of staff discretion is allowed. The change was suggested by business owners in the city. The basis of the request is that the review process, both for the Planning Commission and the Board of Aldermen, is time-consuming.

Where the turnover doesn=t alter the appearance, character or traffic pattern previously approved, it seemed that lessening the need for prospective tenants to appear before the Board would (1) reduce meeting time, (2) reduce staff time, (3) reduce applicants= time, and (4) minimize potential downtime for landlords and tenants.

Mr. McCormick said the Planning Commission talked at length about the word Asignificant@ but ultimately voted unanimously to recommend approval of the change as worded. He supports this amendment.

Mr. Borchers asked to comment. He said he understood Mr. Ferguson=s concern. He said The National and River North (developers of Parkville Commons) are strong proponents of B-4 zoning. He spoke about the time factor B once we go through everything with the Planning Commission and the Board of Aldermen, he said, then if someone vacates the space, the time and the uncertainty of going back to the Board for a change of tenants is a problem. One suggestion he might make is to look at planned business districts in other areas B he doesn=t know if other cities require approval for every change of occupancy in the district. Part of the agreement with the City regarding Parkville Commons is to rezone it to B-4. He said he respects the Board and its decisions, and The National and River North will abide by the Code whether it is revised or not.

An alternate version of the ordinance has been drafted, omitting this one change. Both versions will be presented to the Board at the next meeting.

ALDERMAN FERGUSON MOVED TO APPROVE BILL 2043, ACCEPTING STREETS AND STORM SEWERS IN CERTAIN NEIGHBORHOODS IN THE NATIONAL: WATSON=S COUNTRY LANE, THE 2^ND AND 7^TH PLATS, AND ACCEPTING THE SANITARY SEWER PUMP STATION IN THE 7^TH PLAT, FOR FIRST READING BY TITLE ONLY; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED TO APPROVE BILL 2043 ON FIRST READING AND PASS IT TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2043 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2025; ALDERMAN FRIEDMAN SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 7-0.

Bill 2043 was posted 7/12/02.

ALDERMAN FERGUSON MOVED THAT BILL 2044, ACCEPTING STREETS AND STORM SEWERS IN RISS LAKE 11^TH PLAT, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2044 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 2044 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2026; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED.

Bill 2044 was posted 7/12/02.

ACCOUNTS PAYABLE

ALDERMAN FERGUSON MOVED THAT BILL A-698, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL A-698 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL A-698 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-698; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 7-0.

Bill A-698 was posted 7/16/02.

ALDERMAN FRIEDMAN MOVED TO GO INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS UNDER THE AUTHORITY OF RSMo 610.021 (3); ALDERMAN FERGUSON SECONDED; ALL AYE; MOTION CARRIED 7-0.

The meeting was adjourned into executive session at 8:40 p.m. Discussion ensued.

ALDERMAN FERGUSON MOVED TO RETURN TO OPEN SESSION; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED.

Aldermen returned to open session at 9:05 p.m.

BILLS AND ORDINANCES (resumed)

ALDERMAN FERGUSON MOVED THAT BILL 2045, EMPLOYING JUSTIN KUDER AS CITY COLLECTOR AT AN ANNUAL SALARY OF $35,000, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2045 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 2045 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2027; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 7-0.

Bill 2045 was posted 7/16/02.

OTHER BUSINESS

GUEST ROOM TAX: Mrs. Arnold asked aldermen to review the draft of this proposed ordinance and be prepared to consider it at the next meeting.

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

The meeting was adjourned at 9:10 p.m.

Submitted by ____________________________________

City Clerk Barbara J. Lance 7/22/02