Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

May 4, 2004

                                                                                                                                                                               

CALL TO ORDER

 

Mayor Kathryn Dusenbery called the meeting to order in the Administrative Conference Area at 7:15 p.m.

 

ROLL CALL

 

Ward 1 Alderman Jack Friedman                - present

Ward 1 Alderman David McCoy                - present

Ward 1 Alderman Marvin Ferguson                - present

Ward 1 Alderman Linda Arnold                                - arrived at 7:20 p.m.

Ward 1 Alderman Marc Sportsman                - present

Ward 1 Alderman David Rittman                - present

Ward 1 Alderman Brian Atkinson                - present

Ward 1 Alderman Charlie Poole                                - present

 

ALDERMAN MCCOY MOVED TO ADJOURN INTO EXECUTIVE SESSION TO DISCUSS REAL ESTATE AND PERSONNEL MATTERS UNDER THE AUTHORITY OF RSMO 610.021 (1) AND (3); ALDERMAN RITTMAN SECONDED: ALL AYE; MOTION CARRIED.

 

Discussion ensued.

 

ALDERMAN MCCOY MOVED TO RETURN TO OPEN SESSION IN THE BOARDROOM; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.

 

The meeting was returned to open session in the Board Room at 7:40 p.m. with all of the above present.

 

ALSO PRESENT:                  Police Lieutenant John Moyer

                                                City Clerk Barbara Lance

                                                Assistant Claudia Willhite

                                                City Attorney Jack Campbell

                                                Community Development Director Danielle Devlin

                                                Public Works Director Jeff Rupp

                                                John Miller, re Friends of Parkville Animal Shelter Auction

                                                Charlie Zitnik, Kirkpatrick Pettis

                                                Tom Hutsler, Parkville resident

                                                Sonia Brown, Rio Salon owner

                                                John Kuhns, Future ELC merchant

                                                Bill Cowden, Parkville resident

                                                Dave Williams, Parkville resident & property owner

                                                Frank McCoy, Parkville resident

                                                Steve Cantrell, Steven J. Cantrell & Associates

                                               

MEDIA PRESENT:                 Marte Zirschky for Platte Dispatch

                                                Mike Sherry for Kansas City Star                       

                                                Andy Young & Resident Harry Sievers for Channel 2

                                                                               

REVIEW OF MINUTES

 

ALDERMAN FRIEDMAN MOVED TO ACCEPT THE MINUTES OF THE APRIL 20TH  MEETING AS PUBLISHED; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.

 

CITIZEN INPUT

 

Friends of the Parkville Animal Shelter Auction

John Miller thanked the Board members for their support for the Animal Shelter Auction.  Mr. Miller said the auction was a success and resulted in $7,837 total funds generated from all of the items sold; an additional positive outcome was that 12 animals were placed in adoptive homes the day of the sale.  In closing, John said he was proud to report that 100% of the proceeds from this auction will go directly to provide support for the Parkville Animal Shelter.

 

MAYOR’S REPORT

 

Discussion of Farmers Market Parking

The Mayor asked those attending who were there to express comments in favor or opposed to the Farmers Market parking issue should step forward to the podium to speak.

 

John Kuhns said as a new merchant of Parkville, he is looking forward to drawing a lot of business to the English Landing area.  He expressed concern about the restricted parking in the Farmers Market area and sees no reason to restrict the use of parking there when it’s not in use.

 

Mr. Cowden asked if any State, Federal or County funds were used to finance the Farmers Market building and if so, “Can you legally restrict public use of the Farmers Market?”  Attorney Jack Campbell later said the answer was yes, cities regulate parking all the time.

 

Alderman Friedman pointed out that he has been managing the Farmers Market for 14 years and he opposes granting use of the Farmers Market area for parking.  He further noted that within the entire Kansas City area, Parkville’s Farmers Market has an exceptional reputation for its ambience and well-organized style.  He reminded everyone that the tax levy funds will be bringing 60 new parking spots and if English Landing Center merchants would use the satellite parking as planned, rather than parking in front of their shops, the parking issue would see an immediate improvement.

 

Alderman Arnold reported that she felt strongly that we should not grant parking in those spaces under Farmers Market.  After seeing the success of the event held in that area the past weekend, Mrs. Arnold feels it would be a mistake to grant parking there, especially in light of new parking spaces coming soon.  She also noted it could be a problem to allow it now and then later take it away.

 

Dave Williams, as an owner of multiple shops in Parkville, asked how many of the Board members voting on this issue actually have businesses in downtown Parkville.

 

Alderman Arnold said she previously had a shop in the downtown area and she knows that owners do park in front of their shops. 

 

Mr. Sievers pointed out the success of any business is dependent on customers coming in.  For that reason, it should be obvious that parking in front of any shop should be reserved for customers.

 

Sonia Brown, a current Parkville shop owner, suggested that one possible solution might be to make merchants and employees have stickers on their cars so internal policing with consequences could be enforced.  Mayor Dusenbery suggested this might be a private solution that the Main Street organization could consider but not something the City could enforce, although it sounds like a good idea.  The mayor asked if anyone wanted to make a motion that we grant the approval for a 1-year trial to allow parking in the Farmers Market area when it’s not in use by Farmers Market merchants.  No one made that motion.

 

ALDERMAN POOLE MOVED THAT THE REQUEST TO ALLOW PARKING IN THE FARMERS MARKET AREA BE DENIED.  A ROLL CALL VOTE WAS TAKEN.  THE MOTION TO DENY PASSED WITH A 5 TO 3 ROLL CALL VOTE.

 

                AYE:  Aldermen Ferguson, Arnold, Atkinson, Poole, Friedman

                NAY:  Rittman, McCoy, Sportsman

 

Dave Williams protested the way the vote was handled.  He complained that the vote was supposed to be “for,” not “against,” and he asked the city attorney if this was out of order.  City Attorney Jack Campbell replied that there is no statutory obligation to phrase the motion a certain way.  He said there is nothing illegal about the way it was done.

 

Frank McCoy suggested that the mayor revisit the earlier question directed to the city attorney for reply while he was out of the room.   That question was “Can we legally restrict parking in an area we’ve used city tax funds to pay for?”  Attorney Campbell replied, “Yes, they can, and it is done in every city in the country.   There is police power to regulate parking in every city in the country.”

 

 

COMMUNITY DEVELOPMENT DIRECTOR’S REPORT

 

Huke Dental Building

Community Development Director Danielle Devlin’s report regarding a site plan change for Huke Dental Building at 45 Highway/Lake Crest Lane is attached to these minutes.

 

Steve Cantrell, of Steven J. Cantrell & Associates of Parkville, explained that the need for the site plan change surfaced when the civil engineers for this project discovered a change in data regarding the flood flow point.  The change requires a reduction in the height of the building and moving the structure 27 feet to the east.  Mr. Cantrell noted that some removal of the stone wainscoting is due to the lowering of the building.  He offered to answer any questions the Board may have.  There were no questions.

 

ALDERMAN ATKINSON MOVED TO ACCEPT THE SITE PLAN CHANGE; ALDERMAN ARNOLD SECONDED.  ALL AYE.  MOTION CARRIED 8-0.

 

C.D. 2004 FIRST QUARTER REPORT

 

Last year the Community Development Department reported on a monthly basis, but for 2004 it’s been determined more efficient to report on a quarterly basis.  Activities of the department’s first three months of 2004 are reflected in the attached report.    

 

C.D. WEB SITE UPDATE

 

The Park University intern has worked diligently to create a Community Development link from the Parkville Web Page, Ms. Devlin said.  Applications are already posted there, as well as a description of the Community Development Department’s mission, committees, tree program data and meeting dates.  Soon the department hopes to have minutes of previous meetings and future Planning Committee agendas available on the web site as well.  Suggestions for making the site more user-friendly are welcome.

 

Park University has agreed to allow interns to work through the summer to improve and streamline the City’s web site in other areas.

 

Building and Safety has completed a substantial commercial guideline packet, also now available on the web site, to help builders and design professionals better maintain compliance throughout their projects.

 

Ms. Devlin reminded the Board that the interviews for Master Plan Updates were scheduled for May 10th. 

 

BILLS AND ORDINANCES

 

ALDERMAN FERGUSON MOVED THAT BILL 2145, AUTHORIZING THE CITY TO EMPLOY JOSEPH TURNER AS CITY ADMINISTRATOR, BE PLACED ON FIRST READING; ALDERMAN FERGUSON SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL 2145 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 2145 BE PASSED ON SECOND READING TO BECOME ORDINANCE 2127; ALDERMAN SPORTSMAN SECONDED; THE ROLL CALL VOTE RESULTED IN A TIE WHICH WAS BROKEN BY MAYOR DUSENBERY’S AYE VOTE; MOTION CARRIED 5-4.

 

AYE:  McCoy, Friedman, Sportsman, Rittman, Dusenbery

                NAY:  Poole, Arnold, Atkinson, Ferguson

 

Bill A-741 was posted 5/4/04.

 

CONTRACTS AND AGREEMENTS

 

Mayor Dusenbery asked Charlie Zitnik, of Kirkpatrick Pettis to explain the capital improvements financing assistance they are offering.

 

Mr. Zitnik addressed the question, “Why place the sewer revenue bonds on the voting ballot in June?”  He explained that this allows the City to go back to the voters in August to facilitate success in making the November funding pool by the State of Missouri.  Kirkpatrick Pettis asked approval tonight for the mayor to sign an agreement with them to provide financing assistance for capital improvements to the infrastructure of the City of Parkville.

 

Mr. Zitnik provided copies of certificates of participation to the Board. 

 

Discussion ensued.

 

Alderman Atkinson asked what is covered within the expense transaction items referenced in the Letter of Agreement.

 

Mr. Zitnik explained these are typically issuance costs relating to the financings.  For example, the City will want bond counsel and the City in the past has used Stinson Morrison Hecker on the last two bond financings.   The cost does or can come out of bond proceeds.

 

ALDERMAN FERGUSON MOVED THAT BILL CA 108, AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT BETWEEN KIRKPATRICK PETTIS, SMITH, POLIAN, INC., TO PROVIDE FINANCING ASSISTANCE FOR CAPITAL IMPROVEMENTS TO THE INFRASTRUCTURE OF THE CITY, BE APPROVED FOR FIRST READING; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL CA 108 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL CA 108 BE APPROVED ON SECOND READING TO BECOME ORDINANCE CA 108; ALDERMAN FRIEDMAN SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 8-0.

Bill A-741 was posted 4/30/04.

 

PUBLIC WORKS

 

Mr. Rupp’s report to the Board is attached.  He explained the extra efforts taken to reduce any inconvenience to Parkville residents and merchants while the 2004 paving operations are taking place.

 

Mayor Dusenbery asked about the traffic lights at Highway 45 and Melody.  They don’t allow enough time for more than two cars to get through the intersection. 

 

Mr. Rupp stated that Norm Beeman was originally scheduled to appear before the Board that night but he requested postponement so he can be fully prepared to report on highway issues affecting Parkville.

Discussion ensued; many attending expressed frustration over the traffic signal problem. 

 

Mayor Dusenbery requested the Aldermen representing that ward do a “ride-along” with the MoDOT representative so the seriousness of this issue is understood and addressed correctly.

 

Lieutenant Moyer explained his research regarding the sensing loop at that intersection and Mayor Dusenbery thanked him for that information.  She stated that she still feels it’s important for Ward 3’s representatives to work with the MoDOT representative and to have a “ride-along.”

 

Mr. Sportsman asked Mr. Rupp to follow up on the safety precautions requested for the area on Highway 9 outside of Pinecrest.  He said it appears the reflectors that were added to the cement barriers may have been put on backwards because they are visible only for drivers going north on Highway 9 and not going south where they are needed most.  Mr. Friedman added that the potholes on that stretch of Highway 9 are getting worse and may cause an accident if not corrected soon.

 

Mayor Dusenbery pointed out there is a “Projects in Progress” report submitted by Jeff Rupp which includes projects Pat Hawver was working on that Jeff has been carrying.  She thanked Mr. Rupp for his work on that.

 

Alderman Friedman commended Superintendent of Streets Alan Schank and his workers for promptly addressing a safety issue that arose over the weekend.  Following a phone call from a concerned citizen regarding hazardous sidewalks near the southeast corner of the railroad tracks, the repair was made as soon as possible and done well.

 

ACCOUNTS PAYABLE

 

ALDERMAN FERGUSON MOVED THAT BILL A-741, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL A-741 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-741 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-741; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

 

Bill A-741 was posted 4/30/04.

 

POLICE CHIEF’S REPORT

 

Lieutenant Moyer reported that things had been relatively quiet since the last report.  Police Chief Hudson was unable to attend this meeting due to a death in his family.

 

COMMITTEE REPORTS

 

AMBULANCE:  Mayor Dusenbery reported that she met with Platte County Eastern District Commissioner Michael Short and the mayor of Lake Waukomis to discuss MAST (Metropolitan Ambulance Services Trust) and what the future holds for it.  The possibility of forming a South Platte Ambulance District is also on the table, and she will be working with the commissioner on this. 

 

CHAMBER OF COMMERCE/MAIN STREET:  No report. 

 

CHANNEL 2 and WEBSITE:  No report.

 

COMMUNITY CENTER:  No report.

 

FARMERS MARKET:  Mr. Friedman said that despite cold and rainy conditions for the past two weekends, crowds are beginning to show and the variety of farm produce offered is increasing. 

 

NATURE SANCTUARY:  Recent projects include a Cub Scouts Hike, two merit badges earned through project participation at the Nature Sanctuary and Boy Scout Frank Rose’s completion of his Eagle Scout project.

 

PARKS:  Nothing to report at this time.  The Parks Committee will be meeting later this month.

 

PLANNING COMMISSION:  No report.

 

 

ALDERMAN FRIEDMAN MOVED TO ADJOURN; ALDERMAN FERGUSON SECONDED; ALL AYE; MOTION CARRIED 8-0.

 

The meeting was adjourned at approximately 8:48 p.m.

 

 

Submitted by     __________________________________________

                                Office Assistant Claudia Willhite – 05/12/04

 

 

                                __________________________________________

                                Verified by City Clerk Barbara J. Lance - 5/12/04

 

Attachments (2):

Community Development Report

Public Works Report