Board of Aldermen
City of Parkville, Missouri
December 22, 2003, 6:00 p.m.
City Hall Board Room
Minutes
CALL TO ORDER
Mayor
Charles E. Kutz called the meeting to order at 6:02 p.m. in the Board Room
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
Attorney Jack Campbell
Kevin Green, President of Green
Land, LLC
James Marshall, JRMA Architects
Assistant City Clerk Sandra Gover
MEDIA PRESENT: Resident
and Planning Commission Member
Nancy Jack for Parkville Post
EXECUTIVE SESSION
Mayor Kutz stated he didn=t believe an executive session was
necessary. The Aldermen agreed.
CONSIDERATION OF AN ORDINANCE
COVERING A SETTLEMENT AGREEMENT AND LETTER OF UNDERSTANDING WITH GREEN LAND,
LLC
City Attorney Jack Campbell
discussed the terms of the settlement agreement and the purpose of the letter
of understanding. Mr. Campbell
indicated the city had already granted Green Land its zoning pursuant to the
settlement agreement. Approval of the
settlement agreement by the city at this time, and Kevin Green on behalf of
Green Land, would require Green Land to file a Dismissal of the lawsuit, convey
the northern piece of property on the project to the city and reimburse the
city $32,500 reimburse the City $32,500 of its attorney=s fees. Alderman Friedman asked about the Letter of Understanding and Mr.
Campbell indicated the letter of understanding would require the city to grant
Green Land the zoning it had already received should some law suit in the
future have the effect of setting aside the zoning because of procedural
deficiencies. The city would in effect
agree to use proper procedures, and
Board
of Aldermen Special Meeting - Page 2003-217
correct any deficiencies in passing
a new ordinance to conform to the settlement agreement.
Mr. Campbell advised the Board of
Alderman that in the case of Moore v. City of Parkville the court found the
procedures used by the city to be in accordance with the requirements of the
State of Missouri, thereby affirming the procedures used to pass the zoning
ordinance on the Apex project. Mr.
Campbell indicated it was unlikely at this point that the Green Land project
would be challenged since the Circuit Court had approved the city=s zoning procedures in another law
suit. Alderman Rittman asked Mr.
Campbell if there were any deficiencies in the city=s current procedures. Mr. Campbell indicated, based upon the Moore
v. City of Parkville law suit, there were no deficiencies in the city=s current procedures.
Alderman Ferguson moved that Bill
No. C/A 97, authorizing the Mayor to sign the Settlement Agreement with
Green Land, LLC and a Letter of Understanding for Green Land, LLC, be
approved for first reading; Alderman Rittman seconded. On roll call vote, the motion carried 8-0 as
follows:
Mr. Friedman-aye; Mr. Poole-aye; Mr.
McCoy-aye; Mr. Rittman-aye; Mr. Ferguson-aye; Mrs. Arnold-aye; Mr.
Sportsman-aye; Mrs. Dusenbery-aye.
Alderman Ferguson moved that Bill
No. C/A 97 be approved on first reading and passed to second reading by title
only; Alderman Sportsman seconded. On
voice vote, the motion carried 8-0 as follows:
Mr. Friedman-aye; Mr. Poole-aye; Mr.
McCoy-aye; Mr. Rittman-aye; Mr. Ferguson-aye; Mrs. Arnold-aye; Mr.
Sportsman-aye; Mrs. Dusenbery-aye.
Alderman Ferguson moved that Bill
No. C/A 97 be approved on second reading to become Ordinance C/A 97; Alderman
Sportsman seconded. On roll call vote,
the motion carried 6-2 as follows:
Mr. Friedman-aye but stated he would
not vote in favor of rezoning the property if a new application were re-filed;
Mr. Poole-aye; Mr. McCoy-aye; Mr. Rittman-aye; Mr. Ferguson-nay; Mrs.
Arnold-nay; Mr. Sportsman-aye; Mrs. Dusenbery-aye.
Alderman Friedman asked if the
developer had agreed to preserve the tree located on the property. Mr. Green replied that they would try.
Bill C/A 97 was posted on 12/19/03.
ADJOURNMENT
Alderman Ferguson made a motion to
adjourn; Alderman Sportsman seconded.
On voice vote, the motion carried 8-0 as follows:
Mr. Friedman-aye; Mr. Poole-aye; Mr.
McCoy-aye; Mr. Rittman-aye; Mr. Ferguson-aye; Mrs. Arnold-aye; Mr.
Sportsman-aye; Mrs. Dusenbery-aye.
The meeting was adjourned at 6:35
p.m.
Submitted by_________________________________
Asst. City Clerk Sandra Gover - 12/23/03
Board of Aldermen Special Meeting - Page 2003-218