Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

October 7, 2003

CALL TO ORDER

Mayor Charles E. Kutz called the meeting to order at 7:04 p.m.

ROLL CALL

Ward 1 Alderman Jack Friedman - present

Ward 1 Alderman Charlie Poole - present

Ward 2 Alderman David McCoy - ARRIVED at 8:05 p.m.

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

Police Chief Bill Hudson

City Attorney Jack Campbell - ARRIVED AT 7:20 p.m.

Dennis Fisher, Park Hill School District, re Graden School

Ken Payton to say thanks on behalf of Park Hill South Girls Softball Team

Astoria Camille, Lulu’s Hand-Me-Ups, re parking on 1^st Street

Tom Hutsler, developer, re parking on 1^st Street, and re Main Street finances

Resident Harry Sievers

Resident John Haggard

MEDIA PRESENT:

Marte Zirschky for Platte Dispatch

Nancy Jack for Parkville Post

Andy Young and Joe Gleason for Channel 2

REVIEW OF MINUTES

ALDERMAN FERGUSON MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING ON SEPTEMBER 16, 2003, AND THE SPECIAL MEETING ON SEPTEMBER 23, 2003, AS PUBLISHED; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 7-0.

DENNIS FISHER FOR PARK HILL SCHOOL DISTRICT

About two meetings ago, Mr. Fisher said, Mike Phillips of Century 21 said Graden Elementary School (on the corner of Highways 9 and 45) is for sale. Mr. Fisher said it is not for sale. The school district has no intention of selling Graden; it plays a very high educational role in this community, as well as a historical role. It is the earliest school building in the district still standing, he said, and noted the original facade is still there under the plaster.

The mayor said he went to school there himself. He asked Mr. Fisher what he thought precipitated the rumor. Mr. Fisher said he thought it was just all the development taking place in Platte County; that is a major intersection. Mr. Friedman added his relief that the school will not be sold, adding that’s a great place for a school. Mayor Kutz thanked Mr. Fisher for taking the time to come to address the Board on the matter.

KEN PAYTON FOR PARK HILL SOUTH GIRLS SOFTBALL TEAM

Mr. Payton reminded the Board he had been there earlier in the year to request permission for the team to solicit for donations for the team at the Farmers Market. The Board suggested the alternative of a booth at Parkville Days. Mr. Hutsler arranged them for sell water and soft drinks over the two-day period, and they made $6,000 for the team. They hope to do it again next year. He thanked officials for their thoughtful consideration of the matter.

ELIMINATION OF PARKING ON FIRST STREET

Mr. Hawver said the subject of eliminating the parking on First Street was brought up recently by Alderman Poole. It has been brought up a number of times throughout the years. A traffic study concluded that we need to do away with parking there for safety reasons, he said. The only comments received from shop owners had been favorable, Mr. Hawver said, but they would like to be able to continue to have trucks park long enough to load and unload.

Ms. Camille said their business is upstairs and people need time to park and bring items to be sold to the store. Mr. Hutsler said there is not enough parking space downtown, and to take it away on First Street would be harmful. Also, a street without parked cars would cause drivers to race through there faster. He also suggested we open up the Farmers Market area to more parking.

Chief Hudson said it is a narrow street, really too narrow to support parking. He suggested allowing parking to load and unload for periods of not more than 15-20 minutes. There was discussion about allowing parking at certain times only. Sidewalks were discussed; Mr. Hawver said 5' is the required width, and he believes these walks comply, but there are numerous benches and flower pots which take up space, however.

Mr. Friedman said Main Street up at 7^th is even narrower than First, and people park on both sides. He suggested we make it one-way. He said the sight line in front of Bill Bauer’s place on First Street is bad and suggested moving the parking back from there.

Mr. Rittman also suggested moving the parking back 15' from the intersection at 1^st and East. He said if you are traveling eastbound on 1^st Street you can’t see the crosswalk. He also talked about having certain hours when parking is allowed. Mrs. Dusenbery agreed. Suggestions were made about prohibiting parking from 7-9 a.m. and 4-6 p.m., or allowing parking only between 9-4. Mr. Hawver disagreed, saying there is a big rush down there at noontime. The traffic hazard is growing every month, he said, and he thinks there is a public safety problem.

Discussion turned to restricting parking for loading and unloading only. Mr. Hutsler disagreed, saying parking is needed on 1^st Street. Cars will race through there if there are no parked cars to slow them down. He said the issue needs more study. Mr. Poole said we’ve been considering this matter for a long time and could go for another 4-5 years. His personal opinion is that this is a safety issue. We can pick up additional parking spaces in the city by restriping, he said.

ALDERMAN DUSENBERY MOVED TO RESTRICT PARKING ALONG FIRST STREET BETWEEN EAST AND MAIN TO TIMED LOADING AND UNLOADING ONLY.

Mr. Poole said the time allowed for loading should be worked out with the merchants. Mr. Hawver said he will talk to them and have an ordinance at the next meeting.

ALDERMAN POOLE SECONDED THE MOTION;

AYE - ALDERMEN SPORTSMAN, POOLE, ARNOLD AND DUSENBERY.

NAY - ALDERMEN FERGUSON, RITTMAN, AND FRIEDMAN.

MOTION CARRIED 4-3.

Mayor Kutz thanked those who came to the meeting and participated in the discussion. He asked for any other audience input. There was none.

SOLICITATION AT FARMERS MARKET BY BURROUGHS AUDUBON SOCIETY

City Clerk Barbara Lance explained that under the original and existing rules for the Farmers Market only farmers and others within a certain radius selling produce and approved products could take part in the Market, with the exception that non-profit groups (limited to one per week) could have space and sell other items, with prior permission.

More attention has been given to solicitation in all forms recently, with constitutional issues now being part of the new code to be considered by the Board at an upcoming meeting. That code has been drafted; although at this point it concerns door-to-door only solicitation, several aldermen have suggested a work session to discuss solicitation in public places, i.e., downtown, the pocket park, Farmers Market, etc.

Meantime, Farmers Market Manager Ida Lake has been complying with the regulations on record, and the Audubon Society was given permission to have a booth and solicit at the market on October 4^th, while other requests have been turned down by the Board.

Mr. Sportsman asked the question “If solicitors don’t take up space which would otherwise be used by farmers, what difference does it make?”. Mr. Friedman said it makes a difference in the atmosphere. Mr. Sportsman said until that point at which their presence infringes on farmers, he was in favor of letting them be there. Mr. Friedman said we don’t have a policy established.

The mayor said he would entertain a motion to allow the Audubon Society to solicit at the market on October 4^th.

ALDERMAN POOLE MOVED TO ALLOW THE AUDUBON SOCIETY TO SOLICIT AT THE FARMERS MARKET ON OCTOBER 4^th; ALDERMAN SPORTSMAN SECONDED.

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

NAY - ALDERMAN FRIEDMAN.

MOTION CARRIED 6-1.

Mr. Friedman said in all these years the atmosphere of the market has been well-protected. As soon as we start opening it up to any organization, then we open it to every organization.

MAYOR’S REPORT

The mayor asked Mrs. Lance to report on two upcoming events. She said the Lewis & Clark Traveling Exhibit has opened at the Train Depot and would be available for public view on Tuesdays through Saturdays from 10-4 through October 25^th. School groups can have a tour guide by making prior arrangements with the Platte County Visitors Bureau at 816/858-3349. The exhibit is being shown at no cost, but there is a nominal charge for groups who request the services of the tour guide. A reception recognizing the exhibition would be held at the Train Depot that Thursday. The exhibition is being sponsored by the Parkville Lewis & Clark Bicentennial Committee, which is chaired by Deborah Butcher and has the support and assistance of the Platte County Visitors Bureau, the Platte County Trailblazers, and the Parkville Chamber of Commerce.

Also on the following Thursday night the Westgate Division of the Missouri Municipal League would hold a dinner at The Elms in Excelsior Springs, with Governor Bob Holden as the principal speaker. Parkville would be represented by several city officials and staff.

CITY ADMINISTRATOR’S REPORT

Mr. Hawver said the Finance and Audit Committee met the day before and reviewed the audit. He distributed the audit at the meeting that night. Auditor Bruce Culley will be here at the October 21^st meeting to answer any questions.

POLICE CHIEF’S REPORT

OFFICER ED OLSON. Chief Hudson said Officer Olson is doing very well after a heart attack and quintuple-bypass surgery. He looks and sounds good, the chief said, but probably won’t be able to come back to work before the end of the year.

SERGEANT KEVIN DAVIS: Sgt. Davis received a plaque for first place in the recent Metro Squad shotgun competition in a recent meeting of the Metro Chiefs of Police.

STOLEN CARS. Three cars were stolen in the last week, four in the last month. During the same period three auto thieves were arrested. The police have yet to have any of them filed on. When one of the suspects was taken up to Platte County, a probable cause statement was sent with him. The prosecutor’s office said they couldn’t find it. Officer Kris Cornell arrested a man driving a car which had been reported stolen out of Blue Springs. The suspect’s driver license had been revoked, so he was driving without a license. He was recently released from the State Penitentiary after serving his sentence for auto theft. The prosecutor’s office declined to prosecute because the suspect did not tell the police he knew the car was stolen.

There was another car stolen this week from a Highway 9 location. A vacant car which had been partially stripped was found on Parkville University property. The thief came back last night and continued strip-ping it, and was apprehended. Platte County turned him loose because they said they didn’t have all the paperwork, although all the paperwork had been sent up with him. That’s a pretty common occurrence. He doesn’t understand why, he said, when you catch three thieves with stolen cars they’re back on the street.

Officer Kris Cornell was called out on a complaint of stealing gas. By the time she was finished with the suspects, they had confessed to three acts of vandalism.

Officer Richard Cullen arrested an exhibitionist at the library last night. It’s been a pretty busy last few weeks. The department is over its overtime budget. Mrs. Dusenbery asked if the overtime was because Officer Olson is out. The chief said yes, that certainly affects it. .

Attorney Jack Campbell asked if anyone had gone up and talked with Prosecutor Eric Zahnd. Chief Hudson said he was going to contact him the next day. On every case now, he said, we have to send someone up with the paperwork. Today they said we hadn’t contacted them, which is not true. Mr. Campbell asked how many people are helping the prosecutor. Mr. Ferguson said they didn’t have this problem until he got in office. The chief agreed. He said they will review these cases to see if there’s anything the police could be doing better.

The chief said he wanted to give credit to Park University for helping us out with one of these stolen cars; they put some of their people to watching, and they did a great job.

Discussion ensued on the possibility of the city attorney visiting the county prosecutor.

COMMITTEE REPORTS

CHAMBER OF COMMERCE/MAIN STREET. Mrs. Arnold said the Chamber is working on the directory, and will have an after-hours from 5-7 at Casa Chavez in English Landing Centre on Thursday, October 16^th.

Mr. Hutsler distributed financial reports for July 4^th and Parkville Days. He said there was a slight loss for the 4^th, and they made money on Parkville Days. Octoberfest will be held every weekend in English Landing Centre; they will be selling pumpkins, straw and cornstalks.

CHANNEL 2. No report.

COMMUNITY CENTER. No report.

FARMERS MARKET. Mr. Friedman said they had an end-of-season banquet at the Korner Kafe. Twenty-two people were there. Next weekend would be the last season for this year. He thinks some of the farmers will have booths at Christmas on the River. The next meeting will be in February, 2004, to make plans for next year.

FINANCIAL REPORT. ALDERMAN FERGUSON MOVED TO APPROVE THE CITY TREASURER’S REPORT AS PUBLISHED FOR THE MONTH OF AUGUST; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED 7-0.

NATURE SANCTUARY. Mr. Friedman said this month on the 14^th several farmers will be donating pumpkins. On the evening of the 23^rd they will have a mass pumpkin-carving at his home. These pumpkins will be used for Family Ghost Night in the Nature Sanctuary on October 24^th.

ALDERMAN McCOY ARRIVED AT 8:05 P.M.

Mr. Friedman said they will set up the trails for Family Ghost Night on the morning of Friday the 24^th. Several people make chili and it’s all combined that night. Last year there were over 300 people in attendance.

Mr. McCoy said there was a workday in the sanctuary. They worked on fixing up the cabin. Jim Reed led a hike for a Cub Scout pack. Mr. Reed asked him to thank the city crews for replacing some of the rock and also for putting signs on one of the trails.

PARKS COMMITTEE. New playground equipment has been installed in English Landing Park. It looks very nice. They plan to move all the swings to the same side of the road.

PLANNING. Mr. Ferguson said there was an ordinance to consider that night designating pawnshops among conditional uses permitted in non-residential zones and to establish regulations for them. The next meeting will be Tuesday, October 14^th. They will discuss a conditional use permit for the pink house on Highway 45 (this is the house for which rezoning was denied at a recent meeting), and approval for Parkville Commons 3^rd Plat. A copy of the agenda is posted at City Hall before each Planning Commission meeting.

BILLS AND ORDINANCES

ALDERMAN FERGUSON MOVED TO APPROVE BILL 2110, DESIGNATING PAWNSHOPS AMONG CONDITIONAL USES PERMITTED IN NON-RESIDENTIAL ZONES AND ESTABLISHING REGULATIONS FOR SAME; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED TO APPROVE BILL 2110 ON FIRST READING AND PASS IT TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED TO APPROVE BILL 2110 ON SECOND READING TO BECOME ORDINANCE 2092; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Bill 2110 was posted 10/3/03.

CONTRACTS AND AGREEMENTS

Mr. Hawver explained there were two different versions of an ordinance for sidewalks. One was more expensive than the other, taking into consideration length of walk, erosion problems, etc. Both ordinances are more expensive than we have been used to because the contractor we used in previous years has gone out of business. The area in question is on the east side of Crooked Road from Highway FF (aka Mill Street) to Specialized Publications. It’s all on city right-of-way.

Mr. Hutsler asked if The National hadn’t planned to make some improvements to the road. Mayor Kutz said The National made a donation to make a trail down from Highway 45. Mr. Friedman said they found it was not feasible.

Discussion ensued on the budget. It was agreed it would cost substantially more to do part of the job now and finish it later.

ALDERMAN SPORTSMAN MOVED TO APPROVE BILL C/A 89, APPROVING AN AGREEMENT WITH K&M CONCRETE FOR SIDEWALK WORK IN THE AMOUNT OF $18,030.60; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED TO APPROVE BILL C/A 89 ON FIRST READING AND PASS IT TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL C/A 89 BE APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 89; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Bill C/A 89 was posted 10/3/03.

ALDERMAN FERGUSON MOVED THAT BILL C/A 90, APPROVING AN AGREEMENT WITH K&S TO PERFORM WATER LINE WORK IN THE RESTROOM AT ENGLISH LANDING PARK, BE APPROVED FOR FIRST READING; ALDERMAN DUSENBERY SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL C/A 90 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 90 BE APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 90; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Bill C/A 90 was posted 10/3/03.

ACCOUNTS PAYABLE

ALDERMAN FERGUSON MOVED THAT BILL A-727, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL A-727 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-727 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-727; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Bill A-727 was posted 10/3/03.

OTHER BUSINESS

The mayor asked for audience input. There was none.

BUDGET. Mr. Hawver said after looking at the budget for capital improvements, he found they can increase the transfer that was going to go to capital improvements, so the sidewalk contract will not put us over budget after all.

ALDERMAN DUSENBERY MOVED TO GO INTO EXECUTIVE SESSION TO DISCUSS LITIGATION, REAL ESTATE AND PERSONNEL UNDER THE AUTHORITY OF RSMo 610.021(1), (2), and (3); ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

Open session was concluded at 8:30. Recess was taken from 8:30 to 8:40 p.m.

Discussion ensued.

Developer Kevin Green and architect Jim Marshall joined the mayor, aldermen, city administrator and city attorney in discussion about the Green v. Parkville case.

ALDERMAN FERGUSON MOVED TO ADJOURN; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

Executive session was adjourned at 9:22 p.m.

The Board returned to open session.

ALDERMAN ARNOLD MOVED TO ADJOURN; ALDERMAN SPORTSMAN SECOND; ALL AYE; MOTION CARRIED.

Submitted by __________________________________

Barbara J. Lance, City Clerk - 10/17/03