Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

September 16, 2003

 

CALL TO ORDER

 

Mayor Charles E. Kutz called the meeting to order in the Board Room of City Hall at 7:00 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   - present

 

ALSO PRESENT:       City Administrator Pat Hawver

                                    City Attorney Jack Campbell

                                    Police Chief Bill Hudson

                                    Director of Community Development Danielle Devlin

Mark Spurgeon, WRS Architects, for building/site plan for the new Gomer’s location in Parkville Commons

                                    Tom Stacey, owner of Gomer’s        

                                    Parkville resident Harry Sievers

                                    Todd Reese for Gary Worden re addition to building at 5215 Crooked Road

                                    Charlie Zitnik, Kirkpatrick Pettis, re refinancing of City Hall bonds

MEDIA PRESENT:      Marte Zirschky for Platte Dispatch

                                    Nancy Jack for Parkville Post

                                    Andy Young and Joe Gleason for Channel 2

                                   

                                                            REVIEW OF MINUTES OF SEPTEMBER 2nd 

 

ALDERMAN FERGUSON MOVED TO APPROVE THE MINUTES OF THE 9/2/03 MEETING AS PUBLISHED; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED 8-0.

 

MAYOR’S REPORT

 

TRAILS.  Mayor Kutz said he, Mrs. Arnold, and Mr. Hawver met with Eastern District Commissioner Michael Short that day, along with members of the Platte County Park Board and some members of the Platte County Trail Committee.    The principals of River North and The National are interested in developing a trail from Parkville Commons through downtown Parkville to the river, he said, and reported that the County’s response to the idea was good.  County officials and committee members they met with are willing to support the idea in a lot of ways, he said.  The group also talked about the river trail running out to the I-435 corridor and Brush Creek running along Highway 435 north. 

 

The mayor said he is very optimistic about these projects and will continue to pursue them with business people and others. 

 

CITY ADMINISTRATOR’S REPORT

 

MISSOURI RIVER RELIEF CLEANUP.  Mr. Hawver said this was very successful, with over 100 volunteers signed up to come to Parkville to assist in the effort.  Five boats went out from Parkville on numerous trips to clean up the banks along both sides of the river.  He thanked City Clerk Barbara Lance and her daughter Denise Bassett for shopping for and preparing the lunch which the City supplied for the workers: hot dogs, fruit, chips, cupcakes and soft drinks.  Mrs. Lance added that they couldn’t have done it in the rain and credited Shan Johnson and Butch Lovell from the city crew and Amy Pauling and June Lovell from Friends of the Parkville Animal Shelter for seeing the need early that morning and putting up tents. 

 

NEW EMPLOYEES.  Mr. Hawver said there were two employment ordinances to be considered that night, one to hire Marcia Naher as receptionist and the other to move Parks Director Ed Gault into the Community Development Department as a building inspector. 

 

            GOMER’S BUILDING/SITE PLAN AT PARKVILLE COMMONS

 

Ms. Devlin said on September 9th the Planning Commission approved the site plan by a vote of 6-3.  The site plan approved then was slightly different from the one originally submitted and reviewed by staff in the attached report, with the differences being the height and construction material of the barrel facade as indicated in the plans.   Plans before the Board now do reflect the required changes. 

 

The Planning Commission’s recommendation of approval was subject to the following conditions:

 


a.                                          Any improvements approved for Highways 9 and 45 must be completed as per MoDOT standards prior to occupancy of the buildings.

 

a.                                          Compliance with all requirements of the City’s adopted building code and other ordinances in relation to issuance of building permits.

 

a.                                          Provision for another ADA (American Disabilities Act) accessible space in order to provide two accessible spaces.

 

a.                                          If the Board of Aldermen approves these conditions or requires additional changes to the plan, an updated plan must be submitted before a building permit will be issued. 

 

Mr. Spurgeon said the construction would be different from the rest of the center but the red and sandstone colors would match the rest of the center.  The east elevation depicts a wine barrel.  River North has approved this design.  The site plan was changed as noted earlier.  The landlord is developing the site for this facility. 

 

Mayor Kutz asked Mr. Spurgeon if he would have a problem with the stipulations.  Mr. Spurgeon said he would not. 

 

Mrs. Arnold asked if the Gomer’s sign would be illuminated.  Mr. Stacey indicated they would follow the sign code.     

 

There will be some readjustment of the Sonic drive-in. 

 

In response to an inquiry from Mr. Poole, Mr. Spurgeon said the building would be 1/3 canvas and steel.  The size of the barrel has been reduced quite a bit.  Mayor Kutz asked if the top of the barrel would be about 25' lower than the towers there at Parkville Commons.   Mr. Spurgeon agreed. 

 

It was noted that MoDOT is requiring that the access there be moved.  

 

Mayor Kutz said should it ever be used for another purpose the barrel could be removed.  Ms. Devlin said if the plan is approved the site plan shows what the sign will be.  Mrs. Arnold asked if the lighting would be 24 hours a day.  Ms. Devlin said that’s correct.  Mr. Stacey said he would do whatever the neighbors want. 

 

Mr. Stacey said his current store is 4800 square feet; the new one will be 7600.  It will enable him to have his wine classes on-site rather than at local restaurants. 

 

Mr. Spurgeon said the landlord has limitations on signs.  They are within those guidelines. 

 

Mr. Friedman said if they wouldn’t feel it necessary to do something so out of context with the original design they originally approved.  He said he’s thrilled to have Gomer’s here.  He thinks it’s just going a little bit backward to put this design there.  It’s inappropriate for the uniform and elegant way the center has been designed.  He said he appreciates all Gomer’s has done for Parkville; he just doesn’t approve of this design.

 

ALDERMAN SPORTSMAN MOVED TO APPROVE THE PLAN AS SHOWN, WITH THE STIPULATIONS SET FOR TH BY THE PLANNING COMMISSION; ALDERMAN McCOY SECONDED;

 

            AYE -   ALDERMEN ARNOLD, DUSENBERY, FERGUSON, McCOY, POOLE,

                        RITTMAN, SPORTSMAN.

 

            NAY -   ALDERMAN FRIEDMAN.

 

MOTION CARRIED 7-1.

 

Mr. Sievers said he attended the Planning Commission meeting when this was considered.  He thinks it will be a traffic problem.   He just found out the library is going to be made to change its facade because it doesn’t match the Parkville Commons buildings.  Now, he said, the Board has just approved a building that doesn’t match Parkville Commons.  Mayor Kutz said some of the cost of the changes to the library will be paid by River North.  Mr. Sievers said Gomer’s doesn’t conform.  The mayor said it was a matter of opinion.  Mr. Sievers said the building itself is great if you take off the barrel. 

 

ADDITION TO BUILDING AT 5215 CROOKED ROAD

 

Ms. Devlin said the revised building/site building plan for office space adjacent to 5215 Crooked Road was unanimously recommended for approval by the Planning Commission.

 

The Planning Commission recommended several waivers to the City parking code, including the curbing material and aisle width of the drive accessing the proposed parking.  Their recommendation of approval was subject to the following conditions:

 


a.                                          Widen the aisle serving the proposed parking spaces to “as wide as practical given the limitation of the trees on the property.”

 

a.                                          Comply with all requirements of the City’s adopted Building Code and other ordinances in relation to issuance of building permits, including documentation of the location of the 100-year floodplain in relation to the proposed site improvements.

 

a.                                          Incorporate one accessible space into the parking plan as required by City code.

 

a.                                          If the Board of aldermen approves these conditions or requires additional changes to the plan, an updated plan must be submitted before a building permit will be issued. 

 

Mr. Reese said they have no problem with the conditions placed on the project by the Planning Commission. 

 

Mayor Kutz said that area is six feet above the flood plain now.  A report from a certified surveyor will have to be supplied to and approved by the Community Development Department before they can proceed.  Mr. Reese said they will leave as many trees as they can.  The mayor asked for any audience input on the issue.  There was none. 

 

ALDERMAN SPORTSMAN MOVED TO APPROVE THE BUILDING/SITE PLAN FOR THE ADDITION TO 5215 CROOKED ROAD WITH STIPULATIONS SET FORTH BY THE PLANNING COMMISSION; ALDERMAN FERGUSON SECONDED;

 

AYE -   ALDERMEN ARNOLD, DUSENBERY, FERGUSON, McCOY, POOLE, RITTMAN, SPORTSMAN.

 

NAY -   0.

 

ALDERMAN FRIEDMAN ABSTAINED BECAUSE HIS WIFE IS EMPLOYED BY THE APPLICANT, GARY WORDEN; MOTION CARRIED 7-0.

 

FINANCING OF CITY HALL BONDS

 

Mr. Zitnik said in 1993 the City issued General Obligation bonds to pay for building City Hall.  The date of the first optional call has arrived.  The interest rate on the bonds, which total $445,000, ranges from 5.4% to 5.7%.  The interest rate if refinanced would be 2.17%.  We had very good local participation on these bonds, he said.  Everybody got a chance to have some of the issue.  If the City is agreeable to the refinancing, it will save about $28,000 gross, with a net savings of about $22,000. 

 

 

 

CONTRACTS AND AGREEMENTS

 

ALDERMAN FERGUSON MOVED THAT BILL C/A 88, AUTHORIZING REFINANCING OF CITY HALL BONDS, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL C/A 88 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 C/A 88 BE APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 88; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

 

Bill C/A 88 was posted 9/12/03.

 

BILLS AND ORDINANCES

 

Mayor Kutz said Tony Borchers called and said Jim Allen was out of town, and Mr. Borchers himself would not be able to make the meeting.  The approval of the 2nd Plat of Parkville Commons was on the agenda.  Mr. Borchers said he understood if the Board wished to postpone the hearing until the next meeting.  It was decided to go forward with the ordinance.

 

Ms. Devlin said the Planning Commission voted unanimously to approve the final plat of the second plat of Parkville Commons on September 9th, with the following conditions:

 

1.                                          Indicate internal tract and lot boundaries by a heavier shaded line to distinguish from easement boundaries.            

2.                                          Indicate building setbacks as per the approved site plan.

3.                                          Comply with all requirements of the City’s adopted building code and other ordinances in relation to issuance of building permits and public and private utilities. 

 

The above conditions must be in place before the mayor and city clerk affix their signatures to the plats.   The mayor asked for questions or comments.  There were none.

 

ALDERMAN FERGUSON MOVED THAT BILL 2107, APPROVING THE FINAL PLAT OF THE SECOND PLAT OF PARKVILLE COMMONS, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL 2107 BE APPROVED ON FIRST READING AND MOVED TO SECOND READING BY TITLE ONLY; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL 2107 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2089; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

 

Bill 2107 was posted 9/12/03.

 

POLICE CHIEF’S REPORT

 

ARREST.  Chief Hudson said about ten days ago Officer David Winship stopped a car on I-435 which had a headlight out.  The driver had run into something after he stole the car and broke into several places.  He had four to five aliases in different parts of the country, and a record of various felonies  including armed robbery.  Our charge is up to the prosecutor.  He was released to Jackson County on a $5,000 warrant. 

 

PARKVILLE POLICE CITIZENS ACADEMY.  The chief said this has been postponed to the first of the year because the response has been mostly from people outside the area.  The program will be reconsidered in a few months.

 

KANSAS CITY.  Kansas City officers would be in Parkville the next few days, the chief said, to conduct training sessions in vacant residences on Highway 9.   They will probably be using some diversion devices and shooting off blanks.  These buildings are next to the Parkville Athletic Complex.    They will do some dynamic entries the first day and some high risk vehicle stops in the rear drive the next day. 

 

COMMITTEE REPORTS

 

PARKVILLE CHAMBER OF COMMERCE/MAIN STREET/CHRISTMAS ON THE RIVER.  Mrs. Arnold said A Taste of Parkville, held September 4th as a fund-raiser for Christmas on the River, was a great success.  She announced there would be a Chamber After-Hours from 5-7 on Thursday, September 18th.  The last one, held at Parkville Mini-Golf, was well-attended.

 

CHANNEL 2.  No report.

 

COMMUNITY CENTER.  No  report.

 

FARMERS MARKET.   Mr. Friedman said farmers are still coming.

 

NATURE SANCTUARY.  Mr. McCoy said they will do another Stream Team test on Saturday, September 27th, at 9 a.m.  Park Hill South advanced biology class will help.  All are welcome.

 

PARKS COMMITTEE.  No report.

 

PLANNING COMMISSION.  Already covered.

 

BILLS AND ORDINANCES (cont’d.)

 

ALDERMAN FERGUSON MOVED TO APPROVE BILL 2108, EMPLOYING MARCIA NAHER AS A RECEPTIONIST, FOR FIRST READING; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL 2108 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL 2108 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2090; ALDERMAN ARNOLD SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

 

Bill 2108 was posted 9/12/03.

 

ALDERMAN FERGUSON MOVED THAT BILL 2109, AUTHORIZING A CHANGE IN EMPLOYMENT STATUS FOR ED GAULT FROM PARKS DIRECTOR TO BUILDING INSPECTOR I, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL 2109 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 2109 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2091; ALDERMAN ARNOLD SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

 

Bill 2109 was posted 9/15/03.

 

FIREWORKS CODE

 

Mayor Kutz asked if this ordinance could be put off until a subsequent meeting.  It was agreed.

 

            CONTRACTS AND AGREEMENTS (cont’d.)

 

It was reported that there were a few corrections to be made to the Transportation Development District agreement to be made, and it was agreed to postpone it until a later meeting.

 

ACCOUNTS PAYABLE

 

ALDERMAN FERGUSON MOVED THAT BILL A-726 BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED.

 

Mrs. Arnold asked about an item on Page 3 – a check for $87,593.  It was reported this sum represented 25% of the insurance proceeds following a fire at a Parkville residence.  Our code requires that 25% of the proceeds be forwarded to the City to be held until the house has been restored or demolished.  It was demolished, and the 25% was returned to the property owner. 

 

ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL A-726 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-726 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-726; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

 

Bill A-726 was posted 9/12/03.

 

 

OTHER BUSINESS

 

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

 

EXECUTIVE SESSION

 

ALDERMAN McCOY MOVED TO GO INTO EXECUTIVE SESSION TO DISCUSS LEGISLATIVE AND PERSONNEL ISSUES; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED 8-0.

 

Mayor Kutz said he assumed there would be no announcements forthcoming from the executive session. 

 

The Board of Aldermen adjourned into executive session at 7:51 p.m. Discussion ensued.

 

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

 

Aldermen returned to open session.

 

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

 

 

Submitted by   _____________________________________

                        City Clerk Barbara J. Lance - 9/21/03

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

Special Meeting

September 23, 2003

 

CALL TO ORDER

 

Mayor Charles E. Kutz called the meeting to order in the Administrative Conference Area at 7:06 p.m.

 

ROLL CALL

 

Ward 1 Alderman Jack Friedman       - present

Ward 1 Alderman Charlie Poole         - present

Ward 2 Alderman David McCoy                     - NOT PRESENT

Ward 2 Alderman Dave Rittman        - present

Ward 3 Alderman Marvin Ferguson    - present

Ward 3 Alderman Linda Arnold                       - present

Ward 4 Alderman Marc Sportsman    - NOT PRESENT

Ward 4 Alderman Kathy Dusenbery   - present

 

ALSO PRESENT:       City Attorney Jack Campbell

                                    City Clerk Barbara Lance

 

ALDERMAN ARNOLD MOVED TO AUTHORIZE THAT A  BANNER FOR ART AT PARK BE HUNG THE FIRST WEEK IN OCTOBER; ALDERMAN DUSENBERY SECONDED; ALL AYE; MOTION CARRIED 6-0.

 

ALDERMAN DUSENBERY MOVED TO GO INTO EXECUTIVE SESSION TO DISCUSS LITIGATION; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 6-0.

 

Discussion ensued.

 

ALDERMAN POOLE MOVED TO RETURN TO OPEN SESSION; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.

 

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

 

The meeting was adjourned at approximately 7:40 p.m.

 

 

Submitted by   _________________________________

                        Barbara J. Lance, City Clerk - 9/24/03