Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

MARCH 10, 2003

(Rescheduled from March 4, 2003 Because of Inclement Weather)

CALL TO ORDER

Mayor Charles E. Kutz called the meeting to order in the Administrative Conference Area of City Hall at 6:30 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 - ARRIVED AT 7:00 p.m.

Ward 3 Alderman Marvin Ferguson - present

Ward 3 Alderman Linda Arnold - present

Ward 4 Alderman Marc Sportsman - present

Ward 4 Alderman Kathy Dusenbery - present

ALSO PRESENT: City Administrator Pat Hawver

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

Aldermen went into executive session. Discussion ensued.

ALDERMAN SPORTSMAN MOVED TO DISCONTINUE SUSPENSION AND CONTINUE THE EMPLOYMENT OF PARKS DEPARTMENT EMPLOYEE JAMES RYAN BEARDEN SUBJECT TO CONDITIONS; ALDERMAN FRIEDMAN SECONDED. A ROLL CALL VOTE WAS TAKEN. AYE: ARNOLD, SPORTSMAN, MC COY, FRIEDMAN; NAY: DUSENBERY, FERGUSON, POOLE; MOTION CARRIED 4-3.

ALDERMAN FERGUSON MOVED TO RETURN TO OPEN SESSION; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED 7-0.

The meeting was resumed in open session at 7:05 p.m. in the Board Room with all shown above present.

ALSO PRESENT: Police Chief Bill Hudson

Community Development Director Danielle Devlin

Assistant City Clerk Sandra Gover

Police Officer Candidate Mark Woods

Kenny Parrish

City Attorney Jack Campbell

Jim Bowers, Attorney for Apex Management Systems, Inc.

Mike Flowers, Project Planner for Apex Management Systems, Inc.

Paul Bertrand, Traffic Engineer for Apex Management Systems, Inc.

Resident David Wilson

Resident Dave Williams

Mike Keleher, Attorney for Joint Sales and Development, Inc.

Bob Stevens, Logan & Associates

Tom Hutsler for Joint Sales and Development

Kathleen and Paul Ellis, owners of the Parkville Antique Mall

BILLS AND ORDINANCES

EMPLOY MARK WOODS AS POLICEMAN

Police Chief Hudson introduced Mark Woods. He was formerly employed for 7 years by the Kansas City, Missouri Police Department, and prior to that he served in the Marine Corps for 4 years and is an “Operation Desert Storm” veteran. He now resides in Smithville, Missouri.

ALDERMAN FERGUSON MOVED THAT BILL 2079, TO EMPLOY MARK WOODS AS POLICE OFFICER, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2079 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 2079 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2061; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 8-0.

2003 RIEGELMAN RIVER TRAIL RUN

Kenny Parrish was present to request approval for the 2003 Riegelman Run on Sunday, April 6, 2003. He gave a check to the assistant city clerk in the amount of $1,000.00 payable to the Parkville Nature Sanctuary to use at the discretion of the Nature Sanctuary director, Jim Reed (Mr. Reed picked up the check at City Hall on 3/12/03). The money donated was raised from the Turkey Trot event. The money raised from both events goes into a fund for maintaining the trail and improving it. He discussed the event schedule and requested assistance from the City with the placement of the banner two weeks prior to the race date; placement of street blockades; placement of traffic cones, traffic control and approval of portable toilet locations. If the City will order 8 unisex units, they will pay all costs of delivery and pick-up. Certificates of liability insurance will be delivered to City Hall prior to race day.

ALDERMAN ARNOLD MOVED TO APPROVE THE REQUEST FOR THE 2003 RIEGELMAN RUN; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED 8-0.

TENT FOOD SERVICE AT RANCHO GRANDE CANTINA MAY 12-18, 2003 (PGA)

Alderman Arnold advised that she had spoken to Joe Jennings last Saturday, and he was still awaiting approval from his landlord. The Board members agreed it could be presented at the next meeting.

REVIEW OF FEBRUARY 18, 2003 MEETING MINUTES

ALDERMAN FERGUSON MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 18, 2003 MEETING; ALDERMAN MC COY SECONDED; ALL AYE; MOTION CARRIED 8-0.

MAYOR’S REPORT

Mayor Kutz advised that Board of Zoning Adjustment member Tom Johnson’s term has expired and he has requested to be reappointed. The Mayor would like to make this reappointment.

ALDERMAN FRIEDMAN MOVED TO REAPPOINT TOM JOHNSON TO THE BOARD OF ZONING ADJUSTMENTS; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.

CITY ADMINISTRATOR’S REPORT

Mr. Hawver reported that he had consulted with City Attorney Jack Campbell and found that MARCIT’s By-Laws are binding and the City is legally obligated to pay the $34,674 loss assessment. Due to the problems MARCIT is experiencing, future assessments and monthly premium increases are anticipated. He submitted a termination of health coverage letter to MARCIT which was due March 1, 2003, as required under the provisions of the Membership Agreement. The City is currently accepting proposals from other health care providers.

Martin Marietta conducted a tour of their above ground and underground facilities on Saturday, March 8^th with several Board members and residents present. The representatives answered questions and addressed concerns of blasting causing property damage, and demonstrated how the seismograph works. They explained scientifically how the sound waves occur and that high frequency sound waves don’t cause structural damage. Mayor Kutz advised that Martin Marietta had approached him about placing a small, permanent seismograph at the back of his house; however, it will require electricity and an additional phone line which he does not have. Former Alderman Frank McCoy agreed to have the seismograph placed on his property.

Mr. Hawver and Alderman Arnold met with a representative of the Park University Advancement Office who requested approval to have a get-together for the students in the park on April 24, 2003 from 4:00 p.m. to 10:00 p.m. There will be a series of bands, possibly a food vendor, no alcohol, and it will be open to the public as well. A $100 clean-up deposit will be required. An ordinance will be submitted to the Board in the future requiring a $100 clean-up deposit for all park shelter reservations.

ALDERMAN DUSENBERY MADE A MOTION TO ALLOW PARK UNIVERSITY TO USE THE PARK ON APRIL 24^TH FROM 4:00 P.M. TO 10:00 P.M.; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.

COMMUNITY DEVELOPMENT REPORT

Rezoning Application From R-1 to B-4 and the Apex Development Plan For Property Northwest of Melody Lane and Highway 45

Ms. Devlin informed the Board that the Planning Commission met on February 11, 2003 to review the rezoning application and development plan for property northwest of Melody Lane and Highway 45. She said the motion to recommend approval was defeated by a vote of 7-2; the reasons cited were possible adverse impact on nearby residential properties, insufficient buffers, and alternatives to a round-about at that location. Had the Planning Commission recommended approval, Staff suggested that approval be subject to the 5 conditions listed in the Staff Analysis.

Jim Bowers, 4510 Belleview, Kansas City, Missouri, an attorney representing the owner of the property, Apex Management Systems, Inc., said all 5 conditions listed in the Staff Analysis were acceptable to his client should the Board of Aldermen choose to approve the application. Mr. Bowers informed the Board members of the proposed uses and square footage of the three buildings shown on the plan, and asked the project planner to provide more details.

Mike Flowers, Project Planner, Aylett Flowers Survey & Engineering Company, 201 NE 72^nd Street, Gladstone, Missouri, presented the proposed development plan. He described the landscaping, buffers, storm water detention, parking and entrances on the plan. Mr. Flowers said, in addition to the 5 conditions, the applicant would also be willing to comply with another recommendation mentioned in the Staff Analysis of adding shrubbery to the curbed island west of the bank canopy.

Discussion ensued regarding the following: a round-about located on a slope possibly becoming a problem (question was deferred to traffic engineer); specific buffering plans (existing trees and adding evergreen trees); the distance between the development property line and residential property (at least 60 feet); whether the applicant was aware that the property was zoned residential when it was purchased (Mr. Flowers believed so, but stated he felt the decision was made based on the Land Use Map Plan recommending part of the area for commercial use); what the exterior materials will be (had not been determined at this stage); and whether the traffic study took into consideration the increased traffic created by the new development across the street (question was deferred to the traffic engineer).

Mr. Bowers told the Board that the traffic engineer was present to testify with respect to the round-about and traffic study that led to his conclusion that with these improvements and the additional traffic that this project will bring to the site, they will maintain a Level of Service A at the Bell Road intersection. He addressed Alderman Poole’s question concerning the impact on residential property by reading language on page 4 of the staff report that analyzes the impact that the project will have on adjacent residential properties and the purpose of having B-4 zoning in the Code: “The Planned Business district is intended to serve as a compatible transition from residential uses to commercial uses.” Mr. Bowers said there are always locations in any city in which you have a variety of uses where the 2 uses come together; the question is where do these uses come together and how do you make the transition from commercial to residential. He said the purpose of B-4 zoning is to be that transitional zone. He read additional language from the staff report: “...plans approved for B-4 zoned property should address potential impact from nearby commercial uses through landscape buffers, open space or other features.” He added that they have addressed the impact that Building C has on the residential properties to the east through the landscape buffer provided. He referenced further language in the staff report: “If the rezoning is denied the property owner can still develop the property with the uses and area requirements permitted under the current zoning.” It is their opinion that the property is not marketable as residential due to the amount of surrounding commercial properties.

Paul Bertrand, Traffic Engineer with George Butler & Associates, who prepared the traffic impact study for the project, told the Board members that a stop sign would not work, and MoDOT officials will not allow a traffic signal at that intersection due to the close proximity of the signal at Melody Lane. The round-about was not their first choice but it was the only one MoDOT would allow at that intersection. Mr. Bertrand commented that it will handle the full 20-yr. traffic growth and future 4 lanes; that delays would be less and safety would be increased as studies have shown.

Alderman Dusenbery asked Mr. Bertrand if this round-about would be comparable to the one at the National; she stated that she hoped it would be wider. Mr. Bertrand replied that it will accommodate the future 4-lane width and will be wider than the round-about at the National. Mr. Rittman asked if MoDOT had approved the round-about. Mr. Bertrand said “yes, they have approved the idea of using it at this intersection for this project.” Mr. Rittman also asked if MoDOT had approved the right-in/right out on the west bound lane on Highway 45. Mr. Bertrand said, “The right-in/right out at this location is a feature they had approved in a previous plan, so I assume it is approved in this plan.” Alderman Arnold asked if they had discussed the traffic issue with the developers of Parkville Commons. Mr. Bertrand replied that they had not as yet but intend to do so.

Mr. Friedman asked Mr. Bowers to clarify his statement that it would not be feasible to build residences, and that unless it is rezoned commercial there would be a chance that nothing would be done with the property. His answer was yes; in his opinion the property could be developed only as commercial use.

Mayor Kutz asked for public input.

David Wilson, 6406 Melody Lane, expressed his support of the development and his desire to have his property rezoned commercial. He felt it was the best possible use of the property.

Questions arose concerning whether the affected residential property owners were notified of the Board meeting. It was clarified that they were notified by certified letter of the hearing at the February 11, 2003 Planning Commission meeting.

Dave Williams, 1201 Main Street, agreed with Mr. Wilson, and did not feel the property was suitable for resential use.

Mayor Kutz asked Ms. Devlin if the project as submitted, subject to conditions, met the B-4 requirements. She said it meets the plan requirements of the B-4 District that are listed in the zoning ordinance.

Discussion ensued among the Board members. Mr. Friedman pointed out that the Planning Commission had recommended denial of the application. Mayor Kutz stated their votes should be cast based on whether the project meets the requirements, fits into the B-4 zoning, and is good and viable for the City of Parkville. Mr. Ferguson stated he thought the best interests of all the residents should be taken into consideration. Mr. Friedman also pointed out that the Board has denied previous requests to rezone properties from residential to commercial use. Mr. Rittman stated it was his opinion that decisions should be based on the merits of each project individually. Mr. Ferguson declined to read the ordinance because he said most of his constituents are opposed to rezoning the property.

BILLS AND ORDINANCES (resumed)

ALDERMAN FERGUSON MOVED THAT BILL 2080, AMENDING CHAPTER 405 OF THE PARKVILLE MUNICIPAL CODE TO REZONE PROPERTY ALONG MISSOURI HIGHWAY 45 NORTHWEST OF MELODY LANE FOR APEX PLAZA, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED. A ROLL CALL VOTE WAS TAKEN. AYE: McCOY, RITTMAN, SPORTSMAN, DUSENBERY; NAY: FRIEDMAN, POOLE, FERGUSON, ARNOLD. MAYOR KUTZ BROKE THE TIE BY VOTING AYE. MOTION CARRIED 5-4.

ALDERMAN SPORTSMAN MOVED THAT BILL 2080 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED; 4 AYE BY SHOW OF HANDS; 4 NAY BY SHOW OF HANDS; MAYOR KUTZ BROKE THE TIE BY VOTING AYE. MOTION CARRIED 5-4.

Ms. Devlin recommended that the ordinance be subject to the conditions listed in the Staff Analysis. The Board members agreed.

ALDERMAN SPORTSMAN MOVED THAT BILL 2080 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2062; ALDERMAN ARNOLD SECONDED; A ROLL CALL VOTE WAS TAKEN. AYE: McCOY, RITTMAN, SPORTSMAN, DUSENBERY; NAY: FRIEDMAN, POOLE, FERGUSON, ARNOLD. MAYOR KUTZ BROKE THE TIE BY VOTING AYE. MOTION CARRIED 5-4.

Amended Concent Plan of The English Landing Development

Mike Keleher, member of the law firm Eastman & Keleher, 403 NW Englewood Road, Gladstone, Missouri, representing Joint Sales and Development, Inc., requested approval of a concept plan that adds back a lot that was previously removed from the plan, and discussed the history of the project. The reason his client is requesting Lot 7 be included is that their engineers evaluated what was actually built on the site, the parking available in light of the reduced sizes and uses of the buildings that had been previously approved, and they now meet the parking requirements of the City’s ordinances. He added that there were other issues raised by Staff that he wanted to address.

There was a question about the size of loading zones shown on the plat that are exactly the same size as those approved by the Planning Commission on 9/10/02. He advised that the bump-out curb has been corrected; they removed a parking space to change the angle of that curb and the engineers believe it will satisfy the concerns about traffic negotiating that curb within the development.

Discussion ensued concerning the lack of access to parking spaces on the north side of the development. Bob Stevens, Logan & Associates, suggested obtaining a crossover easement between Pancho’s and one island could be removed. Mr. Rittman asked Ms. Devlin for comments regarding Mr. Stevens’ suggestion. She pointed out that it was an issue, and there was no clear access to that area without going onto an adjoining parcel. The Board expressed concern about approving the plan until the issue of an easement is resolved, the fact that the plan presented that night was different than the one presented to the Planning Commission at its last meeting, and the need for a merchants association.

Mrs. Arnold asked why the area was taped off. Tom Hutsler advised that the tape was necessary due to the ongoing construction and the restriping that day of Lot 2 to include handicapped parking spaces. Discussion ensued regarding the number of parking spaces required if the second floor of the Antique Mall is retail.

ALDERMAN RITTMAN MADE A MOTION TO TABLE THIS ITEM UNTIL THE NEXT MEETING IN ORDER TO GIVE THE APPLICANT TIME TO ADDRESS THE ISSUES DISCUSSED; ALDERMAN FERGUSON SECONDED; ALL AYE EXCEPT ALDERMAN SPORTSMAN WHO VOTED NAY. MOTION CARRIED 7-1.

Mr. Sportsman asked Ms. Devlin “after the building is constructed, what would prohibit someone from redesigning space within the building that would compromise the parking needs?” She explained that a tenant is required to submit a building plan, the building plan is reviewed to ensure that the use indicated on the building plan is consistent with the uses specified by the developer and the parking matrix that is shown on both plans. If the use is different, it would come before the Planning Commission and the Board of Aldermen for approval or denial.

Mr. Rittman told Mr. Keleher he didn’t intend to set an arbitrary deadline by saying he could come back at the next meeting, if he needs more time.

Mr. Friedman asked Mr. Hutsler why he would choose to do the restriping during business hours. Mr. Hutsler replied that next Tuesday and Wednesday would be the least busy days for the tenants and the weather those days is expected to be warm; it will be closed for only one hour and Lot 5 will be opened for parking.

Mr. Hutsler explained that Kathleen and Paul Ellis have been waiting a long time to come before the Board, and asked if they could come to the podium. Kathleen and Paul Ellis, owners of the Parkville Antique Mall, gave a document titled “Reasons Why Second Floor Should Be Retail” to the Board members (a copy is attached to these minutes) and discussed the items listed and their background. They believe it will generate increased sales tax revenue for the City. Discussion ensued regarding their hours of operation, parking requirements, and prices of their merchandise.

ALDERMAN RITTMAN MOVED TO TAKE A 10 MINUTE BREAK; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED 8-0.

Resubmitted Final Plat - Replat of Amended Plat of English Landing

ALDERMAN FERGUSON MOVED THAT THIS ITEM BE TABLED; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED 8-0.

POLICE CHIEF’S REPORT

Chief Hudson requested approval to increase the working hours of Carl Zornes, currently a reserve officer, to 32 hours per week for the next two months with no benefits at a rate of $14.18 per hour because the Department is short-staffed; new officers are currently in training.

ALDERMAN FRIEDMAN MOVED TO APPROVE INCREASED HOURS FOR RESERVE OFFICER CARL ZORNES; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.

Chief Hudson discussed the KC MO Board of Police Commissioners ALERT System. He explained that it was on the agenda that night in ordinance form; it is basically a renewal of an agreement the City has had for years which gives the Department access to Kansas City’s criminal computer. Alderman Ferguson asked if it had to be addressed that night. Chief Hudson thought it could wait until the next meeting.

Chief Hudson reported that Officers Kris Cornell and Jay Williams went to Park University as a result of an assault call and found 7 bundles of drugs. A suspect was arrested for sales of narcotics and is currently in the Platte County jail on a $20,000 bond.

Chief Hudson also reported that last week a man who was stopped on East Street in August, 2002 with 1 ½ lbs. of methamphetamine was convicted and sentenced to 18 years in prison.

COMMITTEE REPORTS

Chamber of Commerce/Main Street. Tom Hutsler left a note asking Mrs. Arnold to announce that Main Street Association is selling Parkville bricks for Pocket Park. Any one interested can call 505-2227 for more information.

Channel 2 and Website. Mr. Rittman reported that the Channel 2 committee meeting dates have been changed to the last Wednesdays of the next 3 months at City Hall to finalize the website.

Community Center. No report. Mayor Kutz read in the paper that Platte County had purchased a piece of property that is contiguous with the area that the TIF was going to donate to the Community Center, approximately 41,000 square feet of additional property.

Mr. Rittman asked if the staff was prepared to televise the Planning Commission meeting the next night, as agreed to by the Board of Aldermen at their last meeting. He also requested the tape be replayed several times during the evening to accommodate more residents’ work schedules. The Board agreed.

Financial Report for January, 2003 and Semi-Annual Financial Report. Mr. Ferguson reported January income in the amount of $690,000 due to real estate taxes and a $60,000 carry over; and expenses in the amount of $176,000 (including $36,000 car rental for the Police Department).

ALDERMAN FERGUSON MOVED TO APPROVE THE CITY TREASURER’S REPORT FOR THE MONTH OF JANUARY AND TO AUTHORIZE THE CITY CLERK TO PUBLISH THE SEMI-ANNUAL FINANCIAL STATEMENT FOR THE PERIOD JULY 1, 2002 TO DECEMBER 31, 2002; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED 8-0.

Farmers Market. Mr. Friedman announced that the opening day of Farmers Market will be Saturday, April 12^th at 7:00 a.m. and will expand when more produce is available to begin at 6:30 a.m. and include Wednesdays as well.