Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

Mayor Charles E. Kutz called the meeting to order at 7:02 p.m.

ALSO PRESENT:

City Administrator Patrick Hawver

Police Chief Bill Hudson

Director of Community Development Danielle Devlin

Paul Mallory, Fore Paws Fence

Douglas Kean, Morrow & Associates, for Crestridge Center

Developer Tom Hutsler

Kathleen Ellis, Parkville Antique Mall

Architect Steve Cantrell for Joint Sales & Development

Planning Commission Member Gary Smith

Resident and Developer Dave Williams

Resident Rhoda Powers

Ed Gault and Shan Johnson for Channel 2

ALDERMAN POOLE MOVED TO APPROVE THE MINUTES OF MAY 6, 2003, AS PUBLISHED; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 7-0.

Mr. Hawver explained there were considerable sub-grade problems that resulted in an area with an unacceptable asphalt surface along the 800 block of Main Street. The area needs additional work; he suggested an amendment to the contract so the work could be done cheaper than calling APAC back later. This expense would be over budget and will have to come out of the general fund. Additional funds will come into the street budget in January. Mr. Hawver will provide a report on the street construction budget at the next meeting.

ALDERMAN POOLE MOVED THAT BILL CA 82, AMENDING THE APAC KANSAS INC. CONTRACT TO ADD ADDITIONAL WORK ON MAIN STREET, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL CA 82 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 CA 82 BE APPROVED ON SECOND READING TO BECOME ORDINANCE CA 82; ALDERMAN RITTMAN SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 7-0.

Mr. Rittman commended Mr. Hawver and his staff for their efforts in taking care of this.

Mr. Mallory, whose company installs electronic fencing, appeared before the Board to request a change in our ordinance, which does not recognize electronic fencing as sufficient restraint for dogs. He read a letter, copy of which is attached to these minutes. The chief said the issue was brought up because a resident called in to complain about a neighbor’s dog which got between her and her car when she was coming back down the walk after leaving a note at the residence. An officer subsequently advised the dog’s owner that an electronic fence was not sufficient restraint, and she called Mr. Mallory. Mr. Mallory called City Hall to request to appear before the Board.

Discussion ensued following his presentation. Mrs. Dusenbery said she favored a law like that of the city of Overland Park, Kansas. It was noted some subdivisions don’t allow visible fencing. Chief Hudson said as the public safety officer he would advise against changing our ordinance, which allows electronic fencing but requires that an owner be in the yard with the dog as well, and said even some brochures published by electronic fence manufacturers advise owners to stay in the yard with their dogs.

Mr. Sportsman said he would refrain from voting on the matter, because he has a 60-pound Australian Shepherd and an electronic fence, which works well for them. He added that a number of subdivisions have covenants which allow only electronic fencing.

ALDERMAN RITTMAN MOVED THAT THE ISSUE OF ELECTRONIC FENCING BE TABLED UNTIL FURTHER REVIEW COULD BE MADE.

Mrs. Dusenbery volunteered to write new language, and said City Clerk Barbara Lance agreed to help her.

ALDERMAN SPORTSMAN SECONDED; ALDERMEN ARNOLD, DUSENBERY, FERGUSON, FRIEDMAN, POOLE, RITTMAN - AYE; ALDERMAN SPORTSMAN ABSTAINED BECAUSE HE IS A PET OWNER WITH AN ELECTRONIC FENCE; MOTION CARRIED 6-0.

CAROL GREEN REGARDING LAND AT FF AND UNION CHAPEL: Ms. Green was listed on the agenda but was not present. Mr. Hawver said he discussed with her the matter of trading a small piece of property the City owns (at Union Chapel Road and FF Highway) for a rock carving she would commission for us. Her property adjoins this small piece, which is across the road from the rest of the property the City owns in that location. She will be invited to attend the June 3^rd meeting. Meantime the aldermen would like to see pictures of some work the rock carver has done (Mr. Hawver will provide these before the next meeting). Mr. Hawver suggested to the Lewis & Clark Committee that the carving be of a scene from the Discovery Tour; the committee was enthusiastic about the idea. Other ideas should be considered as well, he said. Mayor Kutz will provide a description of the property.

GARY GILBERT, BIBLES OF AMERICA: Mr. Gilbert was not present. Mr. Hawver said he called Mr. Gilbert that day and told him he could not give away free New Testaments at the Farmers Market, because books do not fall in the category of goods permitted at the market, but Mr. Gilbert could give away the books in other public areas, i.e., sidewalks, etc. Mr. Gilbert agreed to do that.

HABITAT FOR HUMANITY 10-DAY 10-HOUSE BUILDING BLITZ: Mayor Kutz asked City Clerk Barbara Lance to explain the 10-day 10-house blitz Habitat for Humanity is having June 5^th to 14^th. Mrs. Lance said the northland chapter of this worldwide group is celebrating its tenth anniversary by building ten houses in ten days. People who are allowed to buy these houses have to put in sweat equity as well as paying for the house.

Because this is also the tenth anniversary of the Great Flood in Parkville, during which time people from all over came to help Parkville with sandbagging, food, and other support, it seems fitting that Parkville do some kind of formal payback at this time. She asked that anyone who would like to be on the Parkville Payback team call her to sign up. That number is 741-7676 Ext. 103.

WOMEN’S HEALTH CARE GOLF TOURNAMENT: The mayor is co-chair for a fund-raising for a women’s health care program at St. Luke’s Hospital; a fund-raising event will be held at The National June 2^nd and will include lunch, four-person teams in the tournament, a golf clinic, and dinner with emcee Bill Grigsby. He asked people to call him at 741-6152 for applications.

CELEBRITY PRO-AM GOLF TOURNAMENT AT THE NATIONAL: Mayor Kutz said the Parkville Police Department did an absolutely magnificent job in handling security. He congratulated the chief, and said he knew he worked ten days in a row. Chief Hudson said it was the troops who did such a great job. For the first time around he thinks the event went really well. He said they couldn’t have got along without the help of the Platte County Sheriff’s Department. He credited Sgt. Jon Jordan with an excellent job of traffic control and crowd control. All the officers did a great job, including those who worked the street. They all worked 12-14 hours a day for a solid week. They were smiling when they came to work, and smiling when they left; he’s really proud of them. To his knowledge, there were no complaints from the public. Mrs. Arnold said the officers really seemed to know all about what was going on; they were very good when dealing with the public.

Mr. Sportsman asked if there was an increase in accidents there, and the chief said no, traffic was a lot lighter than anticipated; a lot of people took the bus.

REVIEW OF COMMITTEE ASSIGNMENTS: The mayor referred to the need to appoint or reappoint committee members, especially to the Planning Commission. Some names had been suggested since the last meeting, but because not all the names were shared with the whole Board of Aldermen he suggested that actual appointments be held over until the next meeting. He noted that the Planning Commission would not meet again until a week after that date.

He asked that aldermen decide at this meeting whether they want to keep the Planning Commission the size it is or increase it. Discussion ensued on balancing out the commission geographically and whether that is more important, or whether getting the right people, i.e., objective members who would make decisions for the good of the whole city, is paramount.

Mr. Rittman said we have to consider that the workload for the Planning Commission is steadily increasing, and if meetings become more frequent having more members might make it easier to get a quorum on a consistent basis.

Mr. Sportsman said it makes sense to have a representative from the highest growth area in the city, i.e., The National, on the commission. The ward boundaries were pointed out by the city clerk on the wall map. Mr. Friedman said he wants to make sure that we have a balance of perspectives, and that having those people who treasure the old town aspect of the city on the commission would be valuable. Mayor Kutz said commission members have guidelines with which to comply, so decisions do not have to do with perspective.

Mayor Kutz asked Ms. Devlin the average size for planning commissions. She said it varies, but it’s usually an odd number. Sometimes it depends on the space available for commission members to sit.

ALDERMAN DUSENBERY MOVED TO INCREASE THE SIZE OF THE PLANNING COMMISSION FROM NINE TO ELEVEN MEMBERS EFFECTIVE AS OF THE NEXT BOARD MEETING; ALDER-MAN SPORTSMAN SECONDED; A ROLL CALL VOTE WAS TAKEN:

AYE - ALDERMEN ARNOLD, DUSENBERY, FRIEDMAN, RITTMAN, SPORTSMAN.

NAY - ALDERMEN FERGUSON, POOLE.

MOTION CARRIED 5-2.

The mayor will circulate a list of names for aldermen to consider. Wards will not be shown.

CONTRACTING FOR MASTER PLAN CONSULTATION. Mr. Hawver spoke of the need for expert advice on master plans and land use, and asked for approval to solicit proposals from persons who specialize in this area. Discussion ensued. Mrs. Dusenbery asked whether that is in the budget. Mr. Hawver said no; he is proposing to pay for the consultant from the Reserve Fund The fee will be in the $15,000 range.

There is also an ordinance on the table to hire a consulting attorney for land use matters. That is a separate issue from hiring a land planner.

Mr. Rittman suggested using someone who already has experience and information on record about Parkville, i.e., Michael Duffy of Shafer Kline & Warren. He said we have to make sure we have the cash flow to do it.

Mr. Ferguson asked about using our city attorney. Mr. Hawver said he talked with City Attorney Jack Campbell; he is okay with this. Chris Williams of Stinson Morrison Hecker is seen as an expert in this field. It is common practice for cities to hire specialists. For instance Stinson Morrison Hecker acts as city attorney for Liberty, but Liberty contracts with Jack Campbell for legal advice on matters regarding personnel because that is a specialty of his.

Mayor Kutz said he also knows people who do only land use, and he would like to see the City sound out a wider range of prospects. Mr. Sportsman objected to hiring someone without a greater understanding of what is to be done. He said the Master Plan is a mystery to him, anyway, and asked how this would move us forward.

Ms. Devlin said there are two separate issues. They do anticipate the need for legal assistance as they develop the master plan. The comprehensive plan is laying out strategy for implementation of

goals and objectives for land use in the future, so as the Planning Commission and Board make decisions they’re relying on a guideline that is based on the consensus of the community and fleshed out with a legal interpretation. Plans also include a map and specific strategies, i.e., preserving green space, etc., with a plan to achieve that, and other visions for the future.

Master Plan Committee Chairman Gary Smith spoke, supporting the need for additional expert assistance in completing the Master Plan. He would be in favor of bringing Michael Duffy back to do the job.

It was clarified that requests for proposals would not be appropriate for professionals; rather certain professionals should be invited to submit their qualifications and hourly rates.

ALDERMAN FERGUSON LEFT AT 8:30 P.M.

Mayor Kutz asked Mr. Hawver to talk with Mr. Duffy. Mr. Hawver will do so and see if he has the time and the interest, and what his fee would be. He will then send out requests to attorneys.

PLATTE COUNTY COMMISSIONERS TRANSPORTATION MEETING: Mr. Hawver asked if any elected officials would attend this dinner meeting the next night. He asked them to call him.

REZONING OF CRESTRIDGE SHOPPING CENTER: Ms. Devlin spoke on this issue. She said the main reason for this is to allow the owner to sell off a piece of the property. Mayor Kutz asked Doug Kean, who was present for Crestridge, whether there was any problem with the conditions set forth by the Planning Commission. Mr. Kean said no.

ALDERMAN FRIEDMAN MOVED THAT BILL 2093, REZONING CRESTRIDGE SHOPPING CENTER FROM COUNTY ZONING TO B-4 (PLANNED BUSINESS, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FRIEDMAN MOVED THAT BILL 2093 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FRIEDMAN MOVED THAT BILL 2093 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2075; ALDERMAN ARNOLD SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 6-0.

CONSIDERATION OF USE OF SECOND FLOOR OF ANTIQUE MALL AT 173 ENGLISH LANDING DRIVE FOR RETAIL: The original plan called for the second floor of this building to be used for offices. The Planning Commission at its last meeting approved 4-1 the request to revise the second floor use for retail (additional antique mall space).

Discussion ensued on the parking formula, and if the formula used by the Planning Commission when they considered this request was the same one used when the Board approved the River Rock Coffee Company for restaurant use a few weeks ago. Ms. Devlin said both buildings were evaluated in both ways. There was only one space difference between the two results.

Mr. Hawver said the consensus of the Planning Commission was that an antique mall should not be put in the same category as a Wal-Mart, i.e., retail, for required parking spaces.

Mr. Friedman asked if only one person would be managing all the booths. Ms. Ellis said she will have only four employees at all times; they will be covering sales for all 100 booths. She will highly recommend and maybe enforce what hours the booth renters can come. She will probably set up a "dealer night" for dealers to come and stock, etc. That would not be on a busy customer night. She leases out space for thirty days. She’s recommending longer leases for those who want to hang on to their spaces. Spaces are 5'x6' or 10'x12', separated by 4', 6', or 8' partitions. Discussion ensued on what goods would be acceptable; Ms. Ellis said she wants a high quality of goods, not a flea market, and reserves the right to direct a tenant to vacate the space if she feels the goods being displayed are inappropriate. Mr. Sportsman said if Ms. Ellis is no longer the owner the new owner should have to come back before the Board, and if the new activity isn’t approved the use has to revert back to the original plan. Mayor Kutz said it automatically comes back to the Board, anyway.

Ms. Devlin said the issue comes down to whether the Planning Commission and the Board of Aldermen wish to waive the parking regulations in this instance. The plan lacks sixteen parking spaces of meeting the regulations. There will loading space in the rear. Mr. Friedman said the parking in English Landing Center is already wholly inadequate, and much of the parking there is convenient for customers.

Mr. Rittman talked about the difficulty in considering these issues without the final plan.

Mr. Hutsler said his attorney, Mike Keleher, is working with Logan & Associates on cross-over easements.

Mr. Rittman asked Mr. Hutsler how close we are to seeing the whole picture. Mr. Hutsler said Lots 5, 6 and 8 stand on their own just as 2, 3 and 4 did. Mr. Rittman said when the coffee house was recalculated they met the standard. His understanding tonight is this would also meet the standard but they are short 16 spaces.

Discussion ensued on whether square feet figures include corridors, restrooms, etc. Architect Steve Cantrell, who planned this building, said staff told him in March that corridors did not have to be included. Ms. Devlin said staff has no recollection of documents regarding corridors.

Mr. Rittman asked Mr. Cantrell if the circulation spaces were taken out did he think the building is 16 spaces short? Mr. Cantrell said he never participated in any meetings regarding parking spaces -- he just gave the net figures to his client.

ALDERMAN DUSENBERY MOVED TO ACCEPT THE SECOND FLOOR OF THE ANTIQUE MALL AS MORE RETAIL SPACE FOR THE ANTIQUE MALL.

Mr. Friedman asked if there were any qualifications. Mrs. Dusenbery said she thought that was a given. Mayor Kutz said at such time as a new ordinance (covering parking requirements) comes into effect this project should comply.

ALDERMAN RITTMAN SECONDED.

ALDERMAN DUSENBERY WITHDREW HER MOTION; ALDERMAN RITTMAN WITHDREW HIS SECOND.

ALDERMAN RITTMAN MOVED TO ALLOW THE SECOND FLOOR OF THE ANTIQUE MALL TO BE USED FOR ADDITIONAL ANTIQUE MALL SPACE, I.E., AND TO DECLARE A MORATORIUM ON ANY FUTURE CHANGES OR APPROVALS FOR ENGLISH LANDING CENTER UNTIL THE FINAL PLAN, INCLUDING SITE PARKING, IS SUBMITTED AND APPROVED; ALDERMAN DUSENBERY SECONDED.

Mr. Hutsler said his understanding is that Lot 6 is already approved. They have signed leases on Lot 6. Mr. Rittman said they are not referring to anything that’s been approved. Mayor Kutz said if we have a request for a variance on Lot 6 it’s already approved – they would have the right to come in and request a variance on it.

Mr. Sportsman said we can anticipate more shop owners in front of us.

A ROLL CALL VOTE WAS TAKEN ON THE MOTION:

AYE - ALDERMEN ARNOLD, DUSENBERY, FERGUSON, FRIEDMAN, RITTMAN.

NAY - ALDERMAN SPORTSMAN.

MOTION CARRIED 5-1.

CONSIDERATION OF EXTERIOR ALTERATION FOR PAPA FRANK’S: Ms. Devlin reported on the Planning Commission’s 5-0 vote to recommend approval of this plan. Applicant Dave Williams said he agreed to the five recommendations made by the Planning Commission Mr. Friedman asked about parking requirements. Mayor Kutz said this request is just for the exterior plan.

ALDERMAN FRIEDMAN MOVED TO APPROVE THE SITE PLAN AND EXTERIOR PLAN SUBJECT TO THE FIVE CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION:

ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 6-0.

Chief Hudson said he couldn’t have got through last week (the Celebrity Pro-Am Golf Tournament at The National) without Sgt. John Moyer, who kept the schedule and all the hours, and Sgt. Kevin Davis, who just got back the day before this all started. The director at the school Sgt. Davis attended said they had never accepted a student from a department this small before, but Sgt. Davis got three A’s and two B’s, and did the City proud. The chief said the two B’s would have been A’s in most classrooms.

CHAMBER OF COMMERCE/MAIN STREET. Mrs. Arnold said the Chamber had an after-hours at the Parkville Athletic Complex. Owners Dave and Sally Barth did a great job -- everyone felt very comfortable. She said Jazzfest would be June 20-21.

CHANNEL 2. No report.

COMMUNITY CENTER: No report.

FARMERS MARKET. Aldermen agreed the issue of Subway sandwich sales at the market should be tabled again.

NATURE SANCTUARY. No report.

PARKS. No report.

PLANNING COMMISSION. Ms. Devlin said a couple of building plans and the final plan for Crestridge will be considered at the next meeting.

ALDERMAN FRIEDMAN MOVED THAT BILL A-718, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FRIEDMAN MOVED THAT BILL A-718 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FRIEDMAN MOVED THAT BILL A-718 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-718; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 6-0.

ALDERMAN FRIEDMAN MOVED TO ADJOURN; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED 6-0.

The meeting was adjourned at 9:30 p.m.

Submitted by City Clerk Barbara J. Lance - 5/29/03____________________________________