Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

August 19, 2003

CALL TO ORDER

Mayor Charles E. Kutz called the meeting to order at 7:00 p.m.

ROLL CALL

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 - present

Ward 4 Alderman Kathy Dusenbery - present

ALSO PRESENT:

City Administrator Patrick Hawver

Chief Bill Hudson

Cheryl Thorp, Executive Director of Platte County/KCI Convention & Visitors Bureau

Ken Payton and Ashley Payton for Park Hill South Girls Softball Team

Deborah Butcher, Lewis & Clark Bicentennial Parkville Committee Chair

Vivian Hatfield, Parkville resident, re fireworks

Tom Hutsler, Main Street Inc., re Parkville Days Riverfest

Harry Sievers, Parkville resident

Amy Pauling, Friends of Parkville Animal Shelter

MEDIA PRESENT:

Nancy Jack, Parkville Post

Marty Zirschky, Platte Dispatch

Ed Gault and Shan Johnson for Channel 2

LEWIS & CLARK BICENTENNIAL CELEBRATION 2003-3004

Ms. Thorp asked the board to approve a resolution, distributed at the meeting to officials and all present, setting forth regulations for promotional materials for the Lewis & Clark bicentennial event, and approving committee members for the Parkville celebration. The proclamation is attached to these minutes. The committee members are: Jim Brooks, Deborah Butcher, Neil Davidson, Ed Gault, Pat Hawver, Debbie Hopkins, Barbara Lance, Jim Reed, Cheryl Thorp and Rita Weighill.

ALDERMAN ARNOLD MOVED TO APPROVE THE PROCLAMATION AND THE COMMITTEE AS NAMED; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED 7-0.

PARK HILL SOUTH GIRLS SOFTBALL TEAM

Mr. Payton asked for permission to solicit for donations for team expenses at the Farmers Market. Mr. Friedman said it is a great thing, but there are many worthy organizations out there. He would rather set a policy to cover all requests before we start granting permission to specific groups. Also, he noted that the Farmers Market is winding down, and the season would be over soon.

It was suggested the girls might solicit for donations at Parkville Days Riverfest August 22nd-24th. Mr. Hutsler agreed that would be a possibility; not-for-profit booths are $50, but he thought this might be offset by having the girls work for certain vendors who have requested help. For instance, they could sell bottled water provided by Coca-Cola, which is a sponsor of the event. He would want them to be in the parade as well. He said he could waive the fee. He would want them to sell water throughout the entire event. Mr. Payton said he would make it work.

Further discussion disclosed that the only group presently soliciting donations at the Farmers Market is Friends of the Parkville Animal Shelter, and they are allowed because they are doing a valuable city service. The only reason other worthy groups are not being allowed at this time is lack of a policy.

POP WARNER FOOTBALL LEAGUE CANDY BAR SALES

This organization had requested approval to sell candy bars in downtown Parkville, but no-one was present to represent the group, so the matter was not considered.

SOLICITATION REQUESTS

Mr. Hawver said the City has been bombarded with solicitation requests. The fire district has asked to resume its former practice of soliciting donations at the intersection of Highways 9 and 45. He is prepared to research the issue, maybe see what other cities do, perhaps contact the Missouri Municipal League.

The mayor said he hates to tell people with good intentions that we have to turn them down because we don’t have a policy, especially when he is in favor of what they want to do. Mr. Hawver said he hopes to come up with a policy for the Board of Aldermen to consider at the next meeting.

Mr. Rittman said at Barry Road and North Boardwalk there were eight to ten people going into traffic soliciting donations. It resulted in at least one accident. It is a safety issue. He saw two girls at the intersection of Highways 9 and 45, sub-teen-agers, very nice girls, at 9/45, trying to persuade people to go to a car wash, and he was concerned.

Mayor Kutz suggested the use of Pocket Park for not-for-profit solicitors.

Mr. McCoy said maybe we should restrict the list of possible solicitors to a fairly finite list, with others who were not on that list coming to the Board for approval.

FIREWORKS

Mrs. Hatfield brought a quantity of aerial fireworks left on her roof and those of neighbors. She said in Parkville Heights over the July 4^th holiday one could not walk around the circle at all from sunup to after midnight. She also retrieved M-80's. The police were busy with the parade and directing traffic. She feels the 4^th is out of control, and the neighborhood looked like downtown Beirut. She respectfully requested we get rid of all bottle rocket sales in Parkville, and that we don’t allow anyone to shoot these things off in Parkville. The dates one can legally use fireworks in Parkville are June 20^th to July 10^th. She questioned allowing a twenty-day period for fireworks. A license to sell fireworks in Parkville costs only $200. She would like all homeowners in Parkville notified that bottle rockets are no longer allowed in Parkville. A neighbor had three trash cans full of used fireworks.

Discussion ensued. Our current ordinance allows the sale but not use of aerial fireworks. Mrs. Dusenbery suggested more public relations to get the word out to people regarding fireworks laws. Mr. Rittman suggested that fireworks days be limited to July 4^th plus maybe a day or so.

Chief Hudson says from a police standpoint it seems silly to allow the sale of aerial fireworks but not the use.

Mr. Rittman said he watched a house go up in Claymont North when he lived there. It took just one bottle rocket. He said the parents of the child who shot the rocket ended up having to pay over $100,000 for repairs to the neighbor’s house.

Mayor Kutz said he thought we should consider banning the sale of aerial fireworks and tightening the time span when fireworks can be shot. He asked Mr. Hawver and City Clerk Barbara Lance to get together on this. Mr. Hawver said he believed we should get a press release out to the local newspapers and maybe put something in with the sewer bills.

The consensus was to disallow the sale and the use of aerial fireworks. Mayor Kutz said we’d keep Mrs. Hatfield advised.

MAYOR’S REPORT

Best of Business Lists in Ingram’s Magazine:

Mayor Kutz read from these lists, as follows:

Best Restaurant in the Northland: Piropos.

Best Day Trip: Parkville was second.

Best golf course: The National.

Best homebuilders: All three on this list build many homes in Parkville.

Best law firm: Shughart Thomson & Kilroy, Parkville’s city attorney, was second.

Best domestic automobile dealer: Thoroughbred Ford (Alderman Rittman is an associate in this firm).

Best liquor store: Gomer’s Liquors.

Mayor Kutz said this list was a tribute to people who live and work in our city.

Alternate for Board of Zoning Adjustments: The mayor said Bluffs resident Carla Dods had expressed an interest in joining this board. He invited aldermen to call her to talk about her appointment to this board. Mr. Friedman said he thought if she was interested we should appoint her.

ALDERMAN FRIEDMAN MOVED TO APPROVE THE NOMINATION OF CARLA DODS TO SERVE AS AN ALTERNATE TO THE BOARD OF ZONING ADJUSTMENTS; ALDERMAN DUSENBERY SECONDED; ALL AYE; MOTION CARRIED 7-0.

Community Center Groundbreaking: This will be held at 9 a.m. on August 28^th. He asked all those who can participate to please do so.

Invitation from Parkville Athletic Complex: The manager of this recent addition to the Parkville business community has invited elected officials, and the media representatives who represent Parkville, to dinner before a Board meeting, followed by a tour of the facility.

Proclamation for Senior Citizens: Mayor Kutz read a proclamation designating October, 2003, as Senior Citizen Month in Parkville. It is attached to these minutes.

ALDERMAN SPORTSMAN MOVED TO APPROVE THE PROCLAMATION; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 7-0.

CITY ADMINISTRATOR’S REPORT

Parking on First Street: Mr. Hawver said he would be calling the business owners on and around First Street to invite them to the next meeting, when parking on First Street would be discussed. He also suggested that parking at the corner of East Street be discussed.

Muehlberger Concrete: Mr. Hawver said this company had dissolved, commenting that it had always done a good job at a fair price for Parkville. We will be requesting bids on jobs like they used to do for us, and he hopes we will do as well as we did with Muehlberger.

2003 Tax Levy: There was a graph of annual tax levies included in the city administrator’s report.

It shows a downward trend every year. The 2003 tax levy was on the agenda under Bills and Ordinances.

Transportation Development District Agreement: Mr. Hawver distributed a draft of an agreement with Parkville Commons on the Transportation Development District. He asked aldermen to call him with any questions or comments. The draft contains City Attorney Jack Campbell’s comments.

Mr. Friedman asked him for a status report on Price Chopper. Mr. Hawver said the latest he heard was that it should be open before the end of the year. It is going well. There have been no rain delays.

Department of Natural Resources Sewer Plant Requirements: Mr. Hawver said the DNR issued a draft for a five-year operating permit for the sewer plant. We have always had trouble keeping within our limitations, particularly with ammonia. At five-year renewal points for many city sewer plants across the state, the DNR is getting more stringent. Fortunately we have already received financing for pretty much of a rebuilding of our sewer plant. At the time we received notice of our new requirements our plans were already in for the changes to the plant. Our engineers are very concerned about these new requirements.

We have to develop proposals – M.E.C. specializes in this type of thing. It is highly recommended by Alliance Water Resources. Jeff Rupp and Jay Norco, who is our consulting engineer, will be in Jefferson City to make an appeal to reduce the stringency of the requirements. The Board of Aldermen is being asked to approve the ordinance covering an agreement with the firm, M.E.C. Water Resources for Phase I of the study. The total cost of the overall study is somewhere in the $5,000 range. On the other hand, if we do not appeal and try to meet these new criteria, we could face 10's or 100's of thousands of dollars trying to do this. What it requires is a new post-treatment facility for effluent from the “new” treatment plant.

Mrs. Dusenbery asked if five or ten years from now we would have to build a new post-treatment plant. Mr. Hawver said he didn’t know.

Mr. Rittman asked about the environmental impact of the ammonia, etc. Mr. Hawver said this study will tell us that.

Discussion ensued on when these documents were received and if we would have been better off if we had received the comments from the DNR before we made plans for the plant changes. The review is dated 11/25/02. We received it recently, Mr. Hawver said. We have scheduled a meeting with DNR at the end of this month. Mr. Sportsman said it seemed strange that we received it nine months after it was written. The letter attached to the proposed ordinance is dated August of this year. Further discussion was held regarding date-stamping of correspondence.

Mr. Sportsman said it would be interesting to know what the ammonia levels were before this study was made, what they are now, and what DNR’s expectations are for ammonia levels. Mr. Hawver said he was sure Alliance Water Resources would be glad to prepare such a document.

Parkville Days Riverfest: Mr. Hawver said since this event was brought to the Board’s attention at the last meeting two additions have been made. He heard about the first one when he attended a Missouri River Cleanup session last week and Captain Jeff McFadden (who appeared before the Board some months ago to discuss boat tours from English Landing Park and concluded by saying our dock was in need of major re-engineering) announced he would be doing boat tours in Parkville for Parkville Days. Mr. Hawver received a copy of an insurance policy from Captain McFadden with a coverage amount of $1,000,000. Discussion ensued on our lack of capability for emergency response to river accidents.

Mrs. Arnold suggested the Board disallow “add-ons” to events previously approved by the Board.

The consensus was that this was a safety issue and would not be approved by the Board.

The second addition was a Wild West Show featuring four mounted horses and a high-speed chase, which would be held to the west of the west shelter in the park. The Parks Committee has not considered this particular event, but did approve horse and pony rides, Mr. Hutsler said. Mrs. Arnold asked if it would be blocked off for safety, and Mr. Hutsler said they block it off with ribbon and tape and would set up 1800's-style tents. Mr. Sportsman asked what they would be doing, and Mr. Hutsler said when they were here some years ago their performance was a wild west “shoot-‘em-up.”

ALDERMAN RITTMAN MOVED TO ACCEPT THE PROPOSAL FROM THE WILD WEST GROUP WITH THE CONDITION THAT THEY RETURN THE PARK TO ITS ORIGINAL CONDITION.

Mrs. Dusenbery asked that a deposit be required. Discussion was held on this.

Mr. Hutsler said he didn’t think there would be any more surprises for the event; they have pretty much shut off the list.

Mr. Hawver asked if the horses would be running full-speed. Mr. Hutsler said yes, and they would fire guns. Chief Hudson asked about their liability. Mr. Hutsler said he didn’t know. The chief said if they’re using guns, even with blanks, they should have liability. Mr. Hutsler said okay.

ALDERMAN RITTMAN AMENDED HIS MOTION TO REQUIRE THIS GROUP TO HAVE LIABILITY INSURANCE.

Mr. Ferguson asked if the Parks Committee approved it. Mr. Hutsler said not this particular event; they approved horse and pony rides. He said they’ve had pony rides in that area before.

ALDERMAN McCOY SECONDED; AYE - ALDERMEN FRIEDMAN, McCOY, RITTMAN, SPORTSMAN; NAY - ALDERMEN ARNOLD, DUSENBERY, FERGUSON; MOTION CARRIED 4-3.

Mr. Hutsler announced Maxine McKeon would be grand marshal of the parade. Mayor Kutz said his wife Sheri would be a judge in the Little Miss and Little Mr. Parkville contests. Mr. Rittman reminded Mr. Hutsler that the convertibles being lent for the occasion by Thoroughbred Ford would be 6-speed, and potential drivers should know that. Parade entrants should enter off Bell Road and 45 Highway. Park Hill and Park Hill South bands will participate in the parade, which will start at 10 a.m. Bill Grigsby will announce the parade.

POLICE CHIEF’S REPORT

Chief Hudson said he assumed everyone knew that in the incident down by the river last week the victim was killed by a self-inflicted gunshot wound. The officer involved is doing okay and has been returned to active duty. The monthly stats don’t look too bad, the chief said; accidents are down.

Mr. Friedman said a client of his told him he saw Chief Hudson being interviewed on TV and said he handled the situation very well. Mr. Friedman added they are proud of the chief.

COMMITTEE REPORTS

Chamber of Commerce/Main Street: Mrs. Arnold said the Chamber Business After Hours the following Thursday would be hosted by Piropos and Parkville Mini-Golf at the mini-golf site. Those attending would be treated to free golf.

Taste of Parkville: The city clerk announced she had tickets to this annual event, a fund-raiser for Christmas on the River, and they would be $20 through August 25^th, $25 after that. The event is being held September 4^th, a Thursday, from 5:30 to 8:30, and would feature food and drink from 17 restaurants.

Channel 2: No report.

Community Center: Mr. Sportsman asked what happened about having schematics of the Community Center on display in our lobby? Mr. Hawver will check with the county.

Farmers Market: Mr. Friedman said everything is going pretty well though most farms are drying out pretty badly. The market was packed at 7 a.m. on a recent Saturday. Some of the vendors would like to set up a booth for Christmas on the River. On August 30^th they will have a professional chef throughout the morning. Mr. Hawver said we should put that on daybook.

Nature Sanctuary: Mr. McCoy said there was a community hike last week with 16 participants, all first-time visitors to the Nature Sanctuary. An Eagle Scout project was recently completed; there are seven in progress.

Planning & Zoning: Mr. Ferguson said items considered at the most recent meeting would be considered at the next Board of Aldermen meeting.

BILLS AND ORDINANCES

ALDERMAN FERGUSON MOVED THAT BILL 2105, INCREASING THE SALARY OF BUILDING INSPECTOR ii PAUL GIARRATANA TO $36,000 ANNUALLY, BE APPROVED FOR FIRST READING; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2105 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2105 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2087; ALDERMAN RITTMAN SECONDED; AYE - ALDERMEN ARNOLD, DUSENBERY, FRIEDMAN, McCOY, RITTMAN, SPORTSMAN; NAY - ALDERMAN FERGUSON; MOTION CARRIED 6-1.

Mr. Ferguson said his vote was on principle.

Bill 2105 was posted 8/15/03.

ALDERMAN FERGUSON MOVED THAT BILL 2106, SETTING THE 2003 TAX LEVY, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2106 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 2106 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2088; ALDERMAN SPORTSMAN SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 7-0.

Bill 2106 was posted 8/15/03.

CONTRACTS AND AGREEMENTS

Before this bill was read, Mr. Hawver said he called Director of Public Works Jeff Rupp on his cell phone, and Mr. Rupp said this document was received just recently, the end of July or the first part of August. The issuance of a final report was held off because we were in kind of a transitional stage. Mrs. Dusenbery, Mr. McCoy and Mr. Rittman said we should stamp all incoming mail.

ALDERMAN FERGUSON MOVED THAT BILL C/A 85, CONTRACTING WITH M.E.C. WATER RESOURCES TO DO A SURVEY AND NEGOTIATIONS WITH DNR, BE APPROVED FOR FIRST READING; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL C/A 85 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 C/A 85 BE APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 85; ALDERMAN SPORTSMAN SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 7-0.

Bill C/A 85 was posted 8/15/03.

Mr. Sportsman said he was concerned that DNR would feel it inappropriate to come in knowing we’re in changes and then say “By the way, here are the results.” We could have initiated those changes. Mr. Hawver said he understood. These limitations are proposed to take effect in 2006, but this is our only opportunity to appeal.

ACCOUNTS PAYABLE

ALDERMAN FERGUSON MOVED THAT BILL A-724, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL A-724 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 A-724 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-724; ALDERMAN SPORTSMAN SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 7-0.

Bill A-724 was posted 8/15/03.

Mrs. Dusenbery asked Mr. Hawver to ask Jeff Rupp about a grinder pump repair on Manor Drive, listed on Page 15 of the bill-paying ordinance. That’s a relatively new neighborhood, and she wanted to know if the warranty had expired. Mr. Hawver said he would ask Mr. Rupp to call her the next morning.

OTHER BUSINESS

Highway 45: Mrs. Arnold said Highway 45 looks terrible; she would be glad to help clean it up if that is feasible. Mr. Hawver said he didn’t think it had been “adopted” for clean-up. On the other hand, he said, we mow the median about monthly. We also have community service workers we could use for this purpose. Mrs. Arnold said to let her know.

Missouri River Relief: Mr. Hawver said he and Mrs. Lance met with representatives of this body. They brought flyers which they will distribute in the downtown area; some would be distributed at Thurs-day’s Chamber After Hours. The cleanup of the river banks in the general Parkville area will take place September 13^th, a Saturday, from 10 to 5. The cleanup will actually extend from Sugar Creek through Kansas City and on to Parkville. MORR will bring boats and barges to English Landing Park Only volunteers 16 or older will be allowed in the boats, which will be furnished by government entities and will have licensed pilots. Younger volunteers will be asked to accompany their parents in walks along the banks to do cleanup. Volunteers can sign up on the internet (Missouri River Relief) or at City Hall.

Trees on Highway 45 median: Mr. Sportsman asked about the idea of trees in the median. He would like to follow up on that. Mr. Hawver said he would meet with MoDOT next week. The landscaper has given a plan to engineers who are hired by the City. He will get a copy of that design to show aldermen.

Mr. Friedman asked if we would be obligated to maintain the trees, and asked the cost to water them. He noted where a large stand of trees on Southwest Boulevard, planted not too long ago, had been pulled up so the area could be paved over. He said it would have to be a pretty hardy tree which does not spread onto the highway. Mr. Hawver said the landscaper included trees on the outside but not on the median.

Employment issues: Mr. Sportsman said he was sorry to have missed the last meeting. He asked if we could require employees to sign agreements that they would stay a certain length of time. And could we require them to agree not to go to work for other cities within a 10-mile radius? Mr. Hawver said we never hired anyone by contract but he would be glad to follow up on this.

Mayor Kutz asked how the reevaluation process of the employee pay scale is going. It was agreed by aldermen that contracts for employees would be a valuable addition to that study.

Boat dock: Mrs. Dusenbery said the next day she and Mr. Hawver would meet with a Department of Conservation representative at 11 a.m. at the boat ramp. Grants are available for boat docks. She invited anyone interested to join them.

Southern Platte Fire Protection District: Mrs. Dusenbery said this entity lost the recent election for a tax increase which, they said, would have allowed them to staff Station #1. She asked about letting SPFPD know we’re interested in having that station manned. Maybe we could support this issue at a future election, she said.

Mr. Rittman said the tax rates are down in Parkville because there are more people here. The same applies to the fire department. The question is how to work with these dollars. When the station down here was originally built and first occupied it was planned to be staffed, but the staff got pulled out and sent elsewhere. It could be said we’re paying twice. Mrs. Dusenbery suggested we meet with SPFPD.

ALDERMAN FRIEDMAN MOVED TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS PERSONNEL AS AUTHORIZED BY RSMo 610.021(3); ALDERMAN DUSENBERY SECONDED; ALL AYE; MOTION CARRIED 7-0.

The open session was adjourned at 8:46 p.m.

Discussion ensued in executive session.

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

There was no report coming out of executive session.

ALDERMAN RITTMAN MOVED TO ADJOURN; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED.

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

Submitted by ___________________________________

City Clerk Barbara J. Lance - 8/22/03