Regular
Meeting
BOARD
OF ALDERMEN
CALL
TO ORDER AND ROLL CALL
Mayor Charles E. Kutz
called the meeting to order in the Administrative Conference Area in City Hall
at
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 - present
ALSO
PRESENT: City Administrator
ALDERMAN
Discussion ensued.
ALDERMAN McCOY MOVED TO RETURN TO OPEN SESSION IN THE BOARD
ROOM; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.
The meeting was returned to open session
in the Board Room at
ALSO
PRESENT:
Police
Chief Bill Hudson
Community
Development Director
Robin
Kamphefner to request solicitation permit
Vivian
Hatfield to discuss trees
Bernie
Faustlin to request license to do massage therapy in
B-4 district
Mike
Phillips and others from Century 21 to request rezoning of 8904 Highway 45 from
R-1 to B-4
Greg
and Denise Mancuso, owners of property at 8904 Highway 45
15-20
residents of Parkville Heights subdivision regarding rezoning on Highway 45
including speakers Gary Allen, Mary Anne Chatfield, Brenda Davis, Jeannie Fletcher
Amy
Pauling for Friends of
MEDIA
PRESENT:
Nancy
Jack for
Ed
Gault, Shan Johnson and Andrew Young for Channel 2
Mayor Kutz
announced there was no report coming out of executive session, which included
discussion on litigation and personnel matters.
REVIEW
OF MINUTES OF
ALDERMAN DUSENBERY MOVED TO ACCEPT THE
MINUTES OF AUGUST 19th AS PUBLISHED; ALDERMAN
ROBIN
KAMPHEFNER FOR SOLICITATION PERMIT
Ms. Kamphefner
said she is in training to be an Edward Jones investment counselor in the
ALDERMAN SPORTSMAN ARRIVED AT
Discussion ensued on door-to-door
solicitation. Aldermen suggested ways
they thought she could get acquainted which might be more effective than
door-to-door calling, i.e., the next Chamber of Commerce business-after-hours event,
at which Mrs. Arnold and Mr. Friedman said they would be glad to introduce her
around. Mr. McCoy suggested volunteer
activities are a good way to get acquainted.
ALDERMAN FRIEDMAN MOVED TO DEFER CONSIDERATION OF ANY
SOLICITATION PERMITS UNTIL THE CITY CLERK COMPLETES AN UPDATE OF THE SOLICITATION-PEDDLERS-CANVASSERS-HANDBILL
CODE; ALDERMAN
VIVIAN
HATFIELD REGARDING TREES
Mrs. Hatfield expressed concern that
trees were being taken down for development.
She reminded the Board of Aldermen we carry
BERNIE
FAUSTLIN RE LICENSE FOR MASSAGE THERAPY
Mr. Faustlin
wants to open his own business at Forbes Chiropractic in
ALDERMAN RITTMAN MOVED TO APPROVE THE
APPLICATION OF BERNIE FAUSTLIN TO DO BUSINESS AS A MASSAGE THERAPIST IN
CRESTRIDGE CENTER; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.
MAYOR’S
REPORT
COMMUNITY
CENTER: Mayor Kutz
said he attended the groundbreaking of the new Community Center that morning;
CITY
ADMINISTRATOR’S REPORT
Mr. Hawver noted there were many
residents there regarding the application for rezoning on Highway 45, and asked to defer his report so the zoning matter could
be discussed first.
COMMUNITY DEVELOPMENT DIRECTOR’S
REPORT
Ms. Devlin explained this matter was the
subject of a public hearing on Tuesday, August 12th, before the
Planning Commission. Mr. Phillips
requested the change in zoning from R-1 to B-4.
A motion to approve the rezoning was not seconded, and so the Planning
Commission forwarded it to the Board of Aldermen without a vote. They did agree on certain stipulations if
rezoning were to be approved, and she enumerated them.
Mr. Phillips asked for rezoning to move
a Century 21 real estate office from a location in Kansas City north to 8904
Highway 45 in Parkville. He said there
were a lot of heated words among the members of the Planning Commission, a lot
of fireworks. He thought he got stuck on
that. In his opinion, he said, the
property is mis-zoned. He said he didn’t plan to make major changes
to the structure, just put a little facade on the front, add a couple of
parking spaces, and beautify it; he would not remove any trees. He said he would change the color of the
house, which is now pink, and added that the house has not been very well kept
up, and there is debris in the front yard.
He thinks a real estate business would have no environmental
impact.
Mayor Kutz
asked him if there were a possibility of leaving the zone as is, but allowing a
conditional use permit so he could have his real estate office there, as the
Planning Commission suggested. Mr.
Phillips said he would be willing to pursue it, but said it was one neighbor
(to the property in question) who suggested it, not a Planning Commission
member, and the neighbor is not a member of the Planning Commission or the
Board of Aldermen. He said that was
interesting but the amount of money he will have to invest would not make it
feasible. The investment to fix it up
would be about double what the last house in the subdivision sold for, he
said. Mayor Kutz
said there are issues involved with that particular area, and suggested they
work together.
Mr. Phillips said he knows that
Mr. Phillips said he is trying to make
the highest and best use of the property.
Mr. Friedman said he would be in favor of CUP but not rezoning until it
is known how everything will be resolved in that area. Mayor Kutz
suggested a CUP in perpetuity. Mr.
Phillips said he had to look out for his four kids and his wife. If he goes with a CUP his business would have
the same impact. He asked what if
something happened to him and he needed to put another tenant in there, maybe
an accountant or someone with a similar business? The mayor said he didn’t think he needed to
worry about it; we could word the language in the CUP to allow similar benign
uses. He thought the city administrator,
the community development director and the city clerk could work that out. Mr. Phillips said Ms. Devlin is a true asset
to
Mr. Phillips said it sounded like there
was no way he could get the property rezoned.
Mayor Kutz said he didn’t want to deny him the
opportunity to have it voted upon. Mr.
Phillips asked if he could come back for a CUP later if the rezoning
failed. He said it is commercial
property.
Mr. Rittman said he didn’t think they
all could see that. The mayor was
suggesting a way to get him there without trying to change the zoning next to a
school. To go to B-4 zoning has some
significant results. Mr. Phillips said
he didn’t think their detractors know what B-4 is. The mayor said from his profession that
property should be commercial, but he thought we had an opportunity to resolve
this to everyone’s satisfaction – to give Mr. Phillips a CUP in perpetuity;
that would protect his interest as long as he owned it. Mr. Phillips said he had an obligation to
another person to attempt to get it rezoned.
Mr. Rittman asked about the time
constraints for filing again. Ms. Devlin
said he cannot apply again for rezoning for a year, but he could apply for a
CUP.
Mr. Sportsman asked what differences
there are between this and the
Mr. Sportsman said whatever is done to
this property will be an improvement.
Mr. Ferguson said it is still an intrusion into the integrity of a
residential area.
Gary Allen, an attorney and
Mr. Rittman said that was irrelevant to
the question at hand. Mr. Allen said he
was there representing fourteen people.
Mayor Kutz directed his attention to the
project being discussed, and asked those who were present to oppose this
rezoning to stand. Approximately 18
people stood.
ALDERMAN SPORTSMAN MOVED TO APPROVE THE
REZONING FROM R-1 TO B-4 AT 8904 HIGHWAY 45; ALDERMAN McOY
SECONDED;
AYE - ALDERMAN SPORTSMAN;
NAY - ALDERMAN
ARNOLD, DUSENBERY,
MOTION FAILED 7-1.
*FURTHER DISCUSSION ABOUT REZONING AT
8904 HIGHWAY 45. This
section of the minutes, which covers a discussion at the end of the meeting, has been taken out
of chronological order and moved to this area.
Mr. Rittman said he and others wanted to
allow Mr. Phillips’ real estate office under CUP (Conditional Use Permit). He said it was prudent judgment for the Board
not to have acted upon rezoning for a number of reasons:
1.
Not all information was
available to us.
2.
These
folks didn’t have the chance to talk to a lot of people.
3.
There
is an issue about adjacent property on both sides. It was perhaps better for the City not to act
in the short term. There may be another
option.
He said he hoped Mr. Phillips came back
to the Board with another (CUP) application.
Mayor Kutz
said it was very clear. The reason he
asked all those from
Mrs. Fletcher asked to have the outcome
explained. Mayor Kutz
said the rezoning was denied and can’t be brought up again for at least a
year. If Mr. Phillips wants to come back
with an application for a conditional use permit, it will be considered.
CITY
ADMINISTRATOR’S REPORT
CHANNEL 2. Mr. Hawver said a student worker from
PERSONNEL
SALARY ASSESSMENTS: Mr. Hawver said Elaine McCoy, the volunteer
Human Resources consultant who is working on this, and the wife of Alderman
Dave McCoy, is a terrific person to work with.
They have made significant progress.
It is time to schedule two work sessions with aldermen. He asked aldermen to call him with dates
which would be feasible for them.
TIF
ADMINISTRATION (PARKVILLE COMMONS): Mr.
Hawver said he met that day with representatives to work on the administration
of the TIF in this area. He was advised
that Price Chopper would open in mid-February or the first of March. They are working on the possibility of a
trail from Parkville Commons to downtown
HARLEY-DAVIDSON
HOG RALLY: Platte County Tourism Director Carol
Rudi sent us a notice that there would be 2,700-3,000 motorcyclists visiting
southern Platte County September 4-7. It
is Harley-Davidson’s 100th anniversary. The Platte County Convention and Visitors
Bureau would like a banner welcoming these people to go up immediately after
the Taste of Parkville banner comes down the morning of September 5th. The banner has been provided to us.
ALDERMAN
BONDS:
Mr. Hawver said that Charlie Zitnik, our
representative from Kirkpatrick-Pettis, has proposed that we consider
refinancing our G.O. (General Obligation) bonds which financed the construction
of City Hall. We are currently paying
interest between 5.4% and 5.7%.
Refinancing would allow a fixed interest rate of approximately
2.65%. The City would save more than
$27,000 in interest by refinancing, and slightly reduce our tax levy next
year. Cost of the refinancing is expected
to be approximately $9,000; net savings would thus be approximately $18,000. Costs would be paid through our bond account
so there would not be an impact on our operating budget. We will bring an ordinance for your
consideration at the September 16th meeting.
Mr. McCoy asked if there would be any
other funds or funding that might be even better. Mr. Hawver said he believed this was the best
option and time is of the essence. Mr. Zitnik will come to the next meeting.
WALKING
Discussion ensued on where the bridge
should be delivered and its permanent location.
Mr. Friedman asked if we need a permit to move the bridge. Mr. Hawver said Public Works Director Jeff
Rupp has contacted the Corps of Engineers, but he is not sure where he is on
that discussion. Mr. Friedman said he
would like to see us make every effort to put the bridge on the other side of
the creek.
SOLICITATION
CODE: Mr. Hawver said City Clerk Barbara
Lance has been working on this ordinance, doing background research and getting
a model ordinance from the Missouri Municipal League. There are Constitutional issues. We cannot outlaw solicitation. We can restrict the hours. Mrs. Lance said we could establish a
“no-call” list similar to the Statewide one which
prohibits solicitors from calling persons on the phone; ours could be a list of
POLICE
CHIEF’S REPORT
SOLICITATION:
Chief Hudson
said Officer Kris Cornell arrested a solicitor who had been working the
REPEATER ON
VEHICLE REPAIR:
The chief said there was an item for $2,800 on the bill-paying ordinance. This vehicle is used by our detective and has
fairly low mileage. It is in pretty fair
shape except for the engine, which is being replaced with a second-hand engine
at Glen’s.
POLICE
ATTENTION TO SOCCER
CONTRACTS
AND AGREEMENTS
ALDERMAN FERGUSON MOVED TO APPROVE THE
READING OF BILL C/A 86, APPROVING AN AGREEMENT BETWEEN PLATTE COUNTY AND THE
CITY OF PARKVILLE FOR THE CITY’S ADDITION OF A REPEATER TO THE PLATTE COUNTY
SHERIFF’S TOWER, BY TITLE ONLY;
ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN
ALDERMAN FERGUSON MOVED THAT BILL C/A 86
BE APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 86; ALDERMAN ARNOLD
SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill C/A 86 was posted
City Attorney Jack Campbell said the
Justice Department made one change in the agreement between the United States
Department of Agriculture (USDA) and the members of the Pomeroy Bend Levee
District; it was actually to our benefit.
He read that passage aloud. It
was agreed to make that change before the mayor signed the ordinance the next
day. Mr. Hawver would then deliver it to
Mr. Campbell’s office.
ALDERMAN FERGUSON MOVED THAT BILL C/A
87, AN AGREEMENT TO SETTLE THE CASE OF THE USDA AND THE CITY OF PARKVILLE
AND OTHER ENTITIES REGARDING THE POMEROY BEND LEVEE CASE, BE APPROVED FOR
FIRST READING BY TITLE ONLY; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION
CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL C/A 87
BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY;
ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN RITTMAN MOVED THAT BILL C/A 87
BE APPROVED ON SECOND READING TO
BECOME ORDINANCE C/A 87; ALDERMAN
Bill C/A 87 was posted
COMMITTEE
REPORTS
COMMUNITY CENTER:
Covered earlier.
FARMERS MARKET: Mr.
Friedman said it was pretty full last weekend, and they had a guest chef who was
very popular with the customers.
FINANCIAL
REPORT:
ALDERMAN FERGUSON MOVED TO ACCEPT THE FINANCIAL REPORT FOR JULY AS
PUBLISHED; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED 8-0.
NATURE SANCTUARY:
Mr. McCoy said they had a workday on August 23rd; it was a group
allied with the Boy Scouts. There were
20 volunteers. They re-chipped the trail
on the left side toward the waterfall. He
gave thanks to City crews for moving the chips around. Family Ghost Story Night will be held October
24th at
CHANNEL 2:
Covered earlier.
PARKS:
No report.
PLANNING COMMISSION:
There will be a meeting September 9th
to consider final plat approval of Parkville Commons Second Plat, building/site
plan application for Building F (Gomer’s Northland)
in Parkville Commons, and a building/site plan for an office space
addition to 5215 Crooked Road. There
will be a Planning Commissioners Workshop Friday, September 26th. The next meeting date after that is October
14th at
BILLS
AND ORDINANCES
Mayor Kutz
asked to have the fireworks ordinance tabled until the next meeting. He asked aldermen to e-mail their comments on
it to
ACCOUNTS
PAYABLE
ALDERMAN
ALDERMAN FERGUSON MOVED THAT BILL A-725
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 A-725
BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-725; ALDERMAN POOLE
SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill -725 was posted
OTHER
BUSINESS
AMENDMENT TO EVENTS APPLICATION;
The accident during Parkville Days in August was
reported in a memo to the mayor and aldermen.
A proposed amendment to the events application was enclosed with the
memo. It included questions about first
aid response plans set up for events, about security, and about liability
insurance covering the city.
ALDERMAN RITTMAN MOVED TO ADD THE
AMENDMENT TO THE EVENTS APPLICATION; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION
CARRIED.
Mr. Hawver added that we should disallow
moonwalks (the accident happened in a moonwalk). We don’t allow picnickers to bring them, and
we shouldn’t allow them for these events.
Mr. Friedman said he was disappointed at
the vendors at this year’s Parkville Days; they were selling cable TV, siding,
satellite dishes, etc. It was like a
trade show. He didn’t think that’s the
kind of event we want to have.
WALK FROM POSTOFFICE TO
CLEANUP ALONG HIGHWAY 45:
Mrs. Arnold asked about this issue, which she presented at the last
meeting. Mr. Hawver said he talked to MoDOT, and they are willing to have it cleaned up
regularly, but they like to deal with established groups.
FIREWORKS:
Mrs. Chatfield and Mrs. Davis said they don’t want ground fireworks taken out
of the Code. Mrs. Chatfield expressed
concern about the volunteer groups who make their money from selling fireworks. She said fireworks in the
*FURTHER DISCUSSION ABOUT REZONING
ALDERMAN McCOY
MOVED TO ADJOURN; ALDERMAN
The meeting was adjourned at
Submitted
by __________________________________________
City
Clerk Barbara J. Lance -