Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

March 23, 2004

CALL TO ORDER

Mayor Gerry Richardson opened the meeting at approximately 7:10 p.m. and asked those present if they would mind starting the meeting with a five-minute presentation produced by residents Mike Horine and his wife Anna Jaffe as a contribution to the campaign undertaken by the Board of Aldermen to educate citizens on the aspects of Question 1, a ballot issue to be considered by the voters on April 6^th. Mr. Friedman commended Mr. Horine and Ms. Jaffe, who donated their time to do this video. They have a small production company.

The video will be shown regularly on Channel 2 and in the lobby of City Hall until April 6^th.

ROLL CALL

Ward 1 Alderman Jack Friedman - present

Ward 1 Alderman Charlie Poole - present

Ward 2 Alderman David McCoy - ABSENT WITH PRIOR NOTICE

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:

Police Chief Bill Hudson

Director of Community Development Danielle Devlin

City Attorney Jack Campbell

City Clerk Barbara Lance

Michael J. Ratliff, Gray Design Group, for Commerce Bank in Parkville Commons

Tony Borchers, River North Development (Parkville Commons)

Attorney Stephanie Hazelton for Grab’N Go packaged and Sunday sales liquor licenses

Resident Harry Sievers

Kenny Parrish to request permission for 2004 Riegelman Run

Frank Muehlbach, president of Parkville Lions Club,

to request permission for 4^th of July Pancake Breakfast

Boy Scout Brendan Miller of Troop #393

Angelo Gangai, Main Street Parkville Association, to request Brewers Festival in park

Tom Hutsler, Main Street Parkville Association

Michael & Jan Gunn, Northstar, for The Greens on Crooked Road, Lot 3

Jeff Anderson, River Rock Coffee Company

Tony Mermelink, Art of Illumination, re illumination in Parkville Commons

Janet Garms, Stinson Morrison & Hecker, re bond issue for June ballot

Charlie Zitnik, Kirkpatrick Pettis, re bond issue for June ballot

Dustin Kirschner, police officer candidate

MEDIA PRESENT:

Martha Zirschky for Platte Dispatch

Nancy Jack for Parkville Post

Andy Young and Joe Gleason for Channel 2

REVIEW OF MINUTES

ALDERMAN POOLE MOVED TO ACCEPT THE MINUTES OF THE MARCH 2^nd MEETING AS PUBLISHED; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 7-0.

BOY SCOUT

Brendan Miller of Troop #393 was present to work on his Citizenship in the Community badge. Mayor Richardson welcomed him.

RIEGELMAN RUN APRIL 4^th

Kenny Parrish was present to ask permission for this annual event on April 4^th and to present the Ted Riegelman Award from the River Trail Committee to the City for its help in 2003. That was the 15^th year for this annual event.

He went over the procedure for the 2004 run, an 8 a.m. race - 5K, with a fitness walk, followed by a breakfast at Park University. He asked to have their banner placed, and street blockades. If the City will order 8 portable toilets, the River Trail Committee will pay for the cost. He also asked for traffic and other police control. Insurance certificates will be delivered to the City, to Park University, and to St. Luke’s Northland, their sponsor. They’re looking at amassing enough funds to light the trail.

ALDERMAN FRIEDMAN MOVED TO APPROVE THE EVENT AS SUBMITTED; ALDERMAN DUSENBERY SECONDED; ALL AYE; MOTION CARRIED 7-0.

LIONS CLUB 4^th OF JULY PANCAKE BREAKFAST

Frank Muehlbach, president of the Parkville Lions, requested permission to use the Farmers Market for the annual Lions Club pancake breakfast, noting it is their only fund-raising event of the year. He thanked the City and the crew for their help in past years. He said the hours are 5 a.m. to noon.

ALDERMAN FRIEDMAN MOVED TO APPROVE THE USE OF THE FARMERS MARKET FOR THE LIONS CLUB PANCAKE BREAKFAST; ALDERMAN FERGUSON SECONDED; ALL AYE; MOTION CARRIED 7-0.

GRAB ‘N GO LICENSE

Ms. Hazelton said she represents the new owners of the gasoline station/convenience store located at 11019 Highway 45, and said she was accompanied by two representatives, one of whom has an ownership interest; the other does not. Another owner is in Texas and won’t be based here. She named the two who accompanied her but did not provide the spelling for them. She said they have applied for a packaged liquor license. They are now in the store, and have reduced the hours from 24 hours a day to 6 a.m. until midnight. Mayor Richardson asked her if they are open for business right now but not selling liquor, and Ms. Hazelton said “True.”

Mayor Richardson asked about their procedures for selling liquor to minors or to obviously inebriated persons. Do they control that, or train their clerks? He asked about regulations. Ms. Hazelton said most cities have them, as well as the state. She would be surprised if Parkville does not have those procedures. He asked her if they have programs where they train their employees. She said “Oh, and the State of Missouri has programs where you train employees about how to spot fake I.D.’s, and most cities will send in testers. The State of Missouri sends in people who will try to buy cigarettes.” Mr. Richardson asked if those procedures are in written form inside their establishment, and are the employees trained? She said yes. She said this client has one or two other stores already in Kansas and Missouri.

ALDERMAN FRIEDMAN MOVED TO APPROVE THE PACKAGED LIQUOR LICENSE FOR GRAB ’N GO; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED 7-0.

MAIN STREET PARKVILLE ASSOCIATION

Mr. Gangai announced the opening of their new office at 173 English Landing Drive, #250. They have a staff person named Elizabeth Wheat, a Park University junior. She’s acquainted with Parkville and with the Main Street organization. She also has grant-writing experience.

BEST OF THE MIDWEST BREWERS FESTIVAL

Mr. Gangai noted aldermen had copies of the application for this event in their packets. They are requesting the use of English Landing Park on May 22^nd, 1-6 p.m. Co-sponsors include KCFX The Fox 101; Queen City Suds Wines & Spirits, a magazine mostly distributed in the east – St. Louis and Wisconsin; and The Roasterie Coffee Company.

Discussion ensued. Mr. Gangai said they would expect 300 to 500 people. Some aldermen said they had no problem with the event, but with the timing, noting there were high school graduations and a Baptist church picnic at the same time. Mayor Richardson said he did have a problem with the event, and that he did not think a celebration of beer-drinking typified the City of Parkville, noting that was his personal opinion.

Mr. Gangai was asked to look at other dates and come back to the Board at a subsequent meeting. Mayor Richardson suggested that lead times should be longer than they have given in this event. Mr. Gangai said that applied only to festivals that were over 2,000 people.

Mr. Hutsler said no-one was aware the other events were scheduled at the same time, and he suggested they have it on private property, i.e., English Landing Center.

Discussion ensued on whether to take a vote that night. Mr. Gangai said he had obligations to the other sponsors he is working with. Mr. Rittman recommended he come back for a vote at a later time.

ALDERMAN RITTMAN MOVED TO SHELVE IT TO THE NEXT MEETING; ALDERMAN FERGUSON SECONDED.

Mr. Friedman said Mr. Gangai invited people to join with him in this event before it was even approved. Mr. Gangai said everything was tentative.

Discussion ensued on Mr. Gangai’s dealings with staff and the Park Committee. Mr. Friedman said the Park Committee has to approve it.

ALL AYE; MOTION CARRIED.

Mr. Gangai said at the next meeting they would also ask for 4^th of July approval, and for discussion of the Farmers Market parking issue.

BILLS AND ORDINANCES

ALDERMAN FERGUSON MOVED TO APPROVE BILL 2137, AMENDING THE TRAFFIC CODE TO PROHIBIT THE PARKING OF MOTOR HOMES ON RESIDENTIAL STREETS; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2137 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

Police Chief was asked for his comments. He said he thought it was a good idea.

ALDERMAN FERGUSON MOVED THAT BILL 2137 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2119; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED.

Bill 2137 was posted 3/19/04.

Mayor Richardson called for a ten-minute recess. The board resumed the meeting at 8:05 p.m.

COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

Ms. Devlin said the Planning Commission recommended approval of the building and occupancy permit for Commerce Bank. The solid waste question is outside of the purview of the Planning Commission, so that matter was left up to the Board of Aldermen.

Mike Ratliff with the Gray Design Group was present on behalf of Commerce Bank. He said they are requesting a variance from the Solid Waste Code. Normal operating procedure at a bank is to gather and shred all documents at the end of each business day. Those shreds are then picked up and disposed of, so no solid waste storage is needed.

Discussion ensued on the traffic flow. Concern was expressed by Mr. Friedman and resident Harry Sievers that the traffic coming out of the drive-through would go straight through the parking lot for Parkville Commons.

Tony Borchers said that was a very good point. AWG (Price Chopper) wanted an island coming out of there to protect from that. Mr. Friedman felt the island might work better if it were extended. Mayor Richardson asked in lieu of the island couldn’t they put bumpers? Mr. Borchers said aesthetically that wouldn’t work. Further discussion ensued. It was stated that bumpers are a hazard in the winter when snow hides them. Mr. Borchers said they hesitate to take out any parking spaces, and they’re hoping to solve the problem with signage. Mayor Richardson said despite these concerns they have done a reasonable job. Mr. Friedman agreed.

Mayor Richardson said in the absence of Public Works Director Jeff Rupp he would ask Ms. Devlin to comment on the solid waste issue.

Ms. Devlin said she had no concerns and if the board wishes to create a rule that no solid waste receptacle is required for this use they can add that to the language. Attorney Campbell said the board just can’t make an exception to an ordinance. It has to create a rule which then allows that rule to be implemented. Mayor Richardson said “a rule specifically for banking facilities?”. Mr. Campbell said yes; you don’t want to make an exception for just one bank.

Mr. Ferguson said if they have no waste then why do they have to have a waste receptacle? If they don’t have any then why have this rule? Mayor Richardson asked if there would be a worry that others would use that exception when they don’t intend to do that (collect, shred and haul away?).

ALDERMAN POOLE MOVED TO APPROVE THE BUILDING AND OCCUPANCY PERMIT FOR COMMERCE BANK WITH THE PROVISION THAT NO WASTE SHALL BE STORED OUTSIDE AT ANY TIME, AND ALL WASTE SHALL BE STORED INSIDE AND REMOVED DAILY; ALDERMAN ARNOLD SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 7-0.

Mr. Friedman asked why give them an occupancy permit when there is no building there? Ms. Devlin said in the B-4 district, regulations require that every occupancy be approved by the board, and the specific occupant has to come before the board.

Mr. Sievers said Price Chopper has left a nice big area in front of the store, and it’s great. He said also their lights do not bother nearby residents and he hoped Commerce Bank would use the same type.

About the parking, Mr. Sievers said the same concern was voiced at the Planning Commission meeting. He said they need a barrier there, a low cement barrier. Mr. Borchers said they have an existing lease with Price Chopper, and he hesitates to do anything that might be a detriment to them. He said the plan is to put landscaped islands throughout. The plan also calls for the same lighting throughout Parkville Commons.

LOT 3, THE GREENS ON CROOKED ROAD

Ms. Devlin said this approval was for a building permit only. There is no occupancy at this time.

Mr. Sportsman asked Mr. Gunn about the listed names of stores – he asked if those are not actual commitments. Mr. Gunn said there are no commitments at this time.

ALDERMAN FERGUSON MOVED TO APPROVE A BUILDING PERMIT FOR LOT 3 FOR THE GREENS ON CROOKED ROAD; ALDERMEN DUSENBERY SECONDED.

Mr. Friedman asked about the trash receptacle, noting it was some distance away from the buildings, and he wondered about the inclusion of some possible businesses like animal clinics, etc. Some of those facilities require separate disposal units. Would the trash receptacles he has now be adequate for medical facilities that might locate there?

Mr. Gunn made a request to Deffenbaugh Industries (trash haulers) about uses, and levels of uses. He has included an oversize concrete block in the plan, so there could be a larger dumpster in there. There is an easement through the entire property which means everyone has access to dumpsters throughout the area.

ALDERMAN RITTMAN MOVED TO APPROVE THE BUILDING PLAN FOR LOT 3 OF THE GREENS ON CROOKED ROAD; ALDERMAN DUSENBERY SECONDED; ALL AYE; MOTION CARRIED 7-0.

RIVER ROCK COFFEE COMPANY AT PARKVILLE COMMONS

Ms. Devlin said River Rock has applied for an occupancy permit for Building D in Parkville Commons. The board previously approved this type of use there. The coffee shop falls within approved uses. Signage is included.

Jeff Anderson would like to take advantage of this space. This floor plan is more open than they have now. Mr. Rittman asked if they would be vacating the property at 170 English Landing Drive. Mr. Anderson said yes, in 45-60 days. Mr. Friedman said this looked like a great idea to him, although he is sorry to see them leaving the downtown area.

ALDERMAN FERGUSON MOVED TO APPROVE THE OCCUPANCY PERMIT FOR RIVER ROCK COFFEE COMPANY FOR BUILDING D IN PARKVILLE COMMONS; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 7-0.

P&G HARDWARE, BUILDING H

Ms. Devlin said sign permit approval is needed for Building H, P & G Hardware, in Parkville Commons. Tony Hermelink with The Art of Illumination was present. Ms. Devlin said the signage does fit with the overall pattern. Mr. Hermelink said there would be red letters, which would be backlit. The lighting will be on a timer, and will not be on 24 hours. Consensus of aldermen was to allow lights to be on from 5 a.m. to midnight.

ALDERMAN FRIEDMAN MOVED TO APPROVE THE SIGN PERMIT FOR P & G HARDWARE WITH THE LIGHTS OFF AT MIDNIGHT AND ON AGAIN AT 5 A.M.; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED 7-0.

GREEN LAND CASE

Mr. Campbell said with respect to the settlement in this case, they all know that the preliminary plat plan was approved by the Planning Commission. The settlement amount was paid officially yesterday. When the final plan comes in it will include conveyance of the park land.

BILLS AND ORDINANCES

Ms. Garms presented the final bill on the ordinance for the bond election in June. Changes have been made, specifically a change in the amount of the bond, and explanatory language has been added for the benefit of the voters. Mayor Richardson said Alderman David McCoy drafted the explanatory language. (NOTE: The Election Board subsequently refused to allow the explanatory language on the ballot.) He said a higher cost was required because of a change in the levels of certain items in the effluent from the plant. The Department of Natural Resources said we have to comply and thus we had to change the design. We received a letter of fundability already.

ALDERMAN FERGUSON MOVED THAT BILL 2138, AUTHORIZING A BALLOT QUESTION ON BONDS FOR SEWER SYSTEM IMPROVEMENTS , BE PLACED ON FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2138 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN DUSENBERY SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2138 BE PASSED ON SECOND READING TO BECOME ORDINANCE 2120; ALDERMAN SPORTSMAN SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 7-0.

POLICE CHIEF’S REPORT

Chief Hudson introduced Police Officer Candidate Dustin Kirschner. He is a graduate of Missouri Western’s police training academy. The board had no questions for Mr. Kirschner.

ALDERMAN FERGUSON MOVED THAT BILL 2139, EMPLOYING DUSTIN KIRSCHNER AS A POLICE OFFICER, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2139 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 2139 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2121; ALDERMAN ARNOLD SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 7-0.

Bill 2139 was posted 3/19/04.

ACCOUNTS PAYABLE

ALDERMAN FERGUSON MOVED THAT BILL A-738, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL A-738 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-738 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-738; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 7-0.

Bill A-738 was posted 3/19/04.

COMMITTEE REPORTS

AMBULANCE: Mrs. Dusenbery said there was no report. After April 6^th, she said, we should make a decision on what direction to go; we should have a work session. We will need Chief Hudson’s input, she said. MAST has been sending the City their monthly reports. It was agreed that Mrs. Dusenbery needs to get a copy of these; other aldermen do not. They asked Mrs. Dusenbery to fill them in on anything important; she will.

CHAMBER OF COMMERCE/MAIN STREET: Mrs. Arnold said Mr. Gangai filled us in on Main Street’s doings. Mr. Hutsler said the Chamber of Commerce had a great after-hours at the Antique Mall; there were about 100 people there.

CHANNEL 2: No report.

COMMUNITY CENTER: No report.

FINANCIAL REPORTS: Mr. Ferguson went over the monthly and semi-annual financial reports. He pointed out Collector Justin Kuder’s comments on the back.

ALDERMAN FERGUSON MOVED TO APPROVE THE FEBRUARY AND SEMI-ANNUAL FINANCIAL REPORTS AS PUBLISHED AND TO DIRECT THE CITY CLERK TO PUBLISH THE SEMI-ANNUAL REPORT; ALDERMAN DUSENBERY SECONDED; ALL AYE; MOTION CARRIED 7-0.

NATURE SANCTUARY: Mayor Richardson noted a report from Alderman McCoy was in their packets. Mr. Friedman added that Jim Reed, director of the Nature Sanctuary, arranged a party for the Family Ghost Night volunteers. A band called “Dude” played. It was a great evening.

PARKS: No report.

PLANNING COMMISSION: Already covered.

OTHER BUSINESS

TAX LEVY INFORMATION CAMPAIGN. Mr. Sportsman distributed packets which included copies of all the information disseminated to date. He said some of it was for the Town Hall meeting the next night, and some for subsequent gatherings. He commended Mike Horine and Anna Jaffe for the video. He thanked everyone on the board, and those on the staff who helped – Danielle Devlin, Jeff Rupp, Pat Hawver (Mr. Hawver’s participation was principally in his interview which was printed in the KC Star after he left, and subsequently reprinted for postcards for our residents), and others who have been very involved in this process.

He showed the poster boards, and said Jeff Rupp worked very hard on them. He asked that they be made accessible to everyone (they are not posted in the lobby of City Hall).

Mr. Sportsman asked Mr. Hutsler to ask downtown merchants to put flyers on their counters.

Mayor Richardson thanked Ms. Devlin for her work on the tri-fold piece. Mr. Sportsman said it was outstanding. Mr. Sportsman said he included the resume of Carol Lovett in the packet, as she was very good at what she did for us, and he thought others might like to have that information.

He spoke of other ideas – phone banks, booths, etc. He said we will utilize Channel 2.

Mr. Rittman said we can sequence the Horine-Jaffe video to play on Channel 2 on a regular basis. Mayor Richardson said Lieutenant John Moyer has already done that.

Mr. Sportsman invited people to call him with any other suggestions for the informational campaign.

Mr. Friedman said he has not received any negative response to the ballot issue. He has several meetings scheduled; he will take the tri-folds with him.

Mayor Richardson thanked Mr. Sportsman for his leadership and hard work. Mr. Sportsman again thanked everybody and said they all connected on this.

PROPOSED FARMERS MARKET SOLICITATION POLICY. Mrs. Lance had included a memo in the packets; it contained a summary of Mr. Friedman’s comments on the foundation of such a policy. Mr. Friedman said it is a starting point. (It is enclosed with these minutes.) Discussion ensued.

Mayor Richardson asked where the Lions Pancake Breakfast falls in this policy. Mr. Friedman said that would be one of the special exceptions for traditional events. He said when that event happens to fall on a Saturday the farmers set up around the market shelter instead of under it, and everyone does well.

POLICE CHIEF’S REPORT

Chief Hudson said he distributed the racial profiling report which was turned in March 1^st. It included statistics for three complete years and one partial one. He said the figures indicate that racial profiling is not a problem here. We seem to stop a high number of Hispanics, but he attributes that to the high number of Hispanics who live here or near enough to travel through.

He said the department has child-safe gun locks, and people should call them if they are interested. The department number is 816/741-4454.

TREE LIST

Mr. Poole said he received a copy of trees which are recommended for removal. Mr. Friedman said the mayor needs to authorize funds to do that.

EXECUTIVE SESSION

ALDERMAN ARNOLD MOVED TO ADJOURN INTO EXECUTIVE SESSION TO DISCUSS LITIGATION, REAL ESTATE, AND PERSONNEL UNDER THE AUTHORITY OF RSMo 610.012(1) (2) AND (3); ALDERMAN DUSENBERY SECONDED; ALL AYE; MOTION CARRIED 7-0.

The board went into executive session. Mr. Campbell announced pending settlement of the case of Williams v. Parkville, and said the plaintiffs requested that they not be held responsible for the City’s legal fees in the case.

ALDERMAN DUSENBERY MOVED TO AGREE NOT TO ASK FOR REIMBURSEMENT OF LEGAL FEES FROM PLAINTIFFS IN THE CASE OF LISA WILLIAMS V. CITY OF PARKVILLE; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 7-0.

ALDERMAN FERGUSON MOVED TO TERMINATE THE EMPLOYMENT OF ASSISTANT CITY CLERK SANDRA GOVER; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 7-0.

ALDERMAN SPORTSMAN MOVED TO ADJOURN TO OPEN SESSION; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED 7-0.

No announcements were made coming out of executive session.

ALDERMAN FRIEDMAN MOVED TO ADJOURN; ALDERMAN FERGUSON SECONDED; ALL AYE; MOTION CARRIED 7-0.

The meeting was adjourned at approximately 7:30 p.m.

Submitted by ____________________________________

City Clerk Barbara J. Lance - 3/29/04