Regular Meeting
BOARD OF ALDERMEN
CITY OF PARKVILLE, MISSOURI
August 3, 2004
At 6 p.m. prior to the meeting there was a demonstration of the automated horn system at the intersection of the tracks and So. Main Street.
Mayor Kathryn A. Dusenbery called the meeting to order at 7:00 p.m.
Ward 1 Alderman Jack Friedman - present
Ward 1 Alderman Charlie Poole - present
Ward 2 Alderman David McCoy - present
Ward 2 Alderman Dave Rittman - ARRIVED at 7:12 p.m.
Ward 3 Alderman Marvin Ferguson - present
Ward 3 Alderman Linda Arnold - present
Ward 4 Alderman Marc Sportsman - present
Ward 4 Alderman Brian Atkinson - present
ALSO PRESENT: City Administrator Joe Turner
Community Development Director Sean Ackerson
Public Works Director Jeff Rupp
Police Lieutenant John Moyer
City Attorney Jack Campbell
City Clerk Barbara Lance
Tom Hutsler for Main Street re events 2004 and 2005
Keith Cary, attorney for Jack Friedman
Dick Hardy, Aerial FX, re Labor Day fireworks at The National
Resident Harry Sievers
Resident George Hester
Kevin Timmons for Nick & Jake's
Tony Borchers for River North
Grayson Price for River North
Rick Mooney for Railroad Controls Limited (RCL)
Boy Scouts: Tim Sirridge, Troop #261
James Leach, Troop #314
Don Ayers, Troop #314
Media: Nancy Jack, Parkville Post
Scouts Sirridge, Ayers and Leach introduced themselves, and Mayor Dusenbery explained the organization of the city government.
ALDERMAN FRIEDMAN MOVED TO APPROVE THE MINUTES OF THE JULY 20th MEETING AS PUBLISHED; ALDERMAN FERGUSON SECONDED; ALL AYE; MOTION CARRIED 7-0.
Fireworks at The National. Mr. Hardy said he has been contracted by The National for fireworks on September 5th. He said Main Street does the 4th of July fireworks, Christmas on the River has fireworks with that event in December, and The National wants to do something between, so they will end their Labor Day celebration with fireworks. He presented an insurance certificate for 5 million to the city clerk.
Mr. Sportsman asked where he would set up, where the people would be and how close, etc. Mr. Hardy said he would set up approximately 500 yards east of the clubhouse on the south side of the #9 fairway. The primary fall-out area will be the lake to the north. They will shoot 6" shells. People would be on the west side of the lake. Tents for food have been set up in that area. Barricades will be set up coming out on the 9th green and from the top of the hill. Shells will get to an altitude of 600'.
Mr. Hardy said the fireworks would be visible to all of Parkville, and The National hopes everyone will remember to look to the sky and enjoy the display when it gets dark on September 5th.
ALDERMAN RITTMAN ARRIVED AT 7:12 p.m.
ALDERMAN SPORTSMAN MOVED TO APPROVE THE FIREWORKS DISPLAY AT THE NATIONAL ON SEPTEMBER 5; ALDERMAN FERGUSON SECONDED; ALL AYE; MOTION CARRIED 8-0.
Automated Train Horn System. Mr. Mooney said his company is the only manufacturer of automatic horn systems. It signals at the crossings, running in conjunction with the flashing signals and gates. The system signals the locomotive operator that it is working and he doesn't need to sound the horn on the train. A brochure giving details was distributed to aldermen. A copy is attached to these minutes.
Mayor Dusenbery asked about liability. Mr. Mooney said the federal rule on quiet zones will be effective December 18th. It will allow the City to declare a quiet zone for a half-mile in either direction from the railroad intersection. He said basically you have to notify the railroad 21 days in advance that you will install the horn system. Then they have to stop blowing the whistle. He said he couldn't give liability insurance advice but he felt liability insurance cost should be minimal.
Mr. Mooney said a Northwestern University survey showed that people violated signal warnings 67% less frequently with this system than without it.
Mr. Atkinson asked where RCL has installed these systems. Mr. Mooney said there are 32 places in the country. Mr. Atkinson asked if there had been any accidents in these cities. Mr. Mooney said the systems have been installed in these various cities anywhere between two and ten years. There was one crash in Mundeline, Illinois, where the lights and signals were working, but the driver went around the barrier. She had a blood alcohol content of .25.
Four-quadrant gates were discussed - drivers can't get around them. Mr. Mooney said those are pretty expensive, and you don't have to have a horn system if you have those. You do have to have sensors and equipment to raise the exit gates if a vehicle is trapped on the crossing.
Mr. Mooney said the sound level is 96 decibels 100' from the horn, and 96 is the Federal Railroad Association's rule, but RCL feels 92 is better, and they are petitioning to have that made the standard.
Maintenance of the system is usually done by the local government, Mr. Mooney said. It requires testing about once a month, 30 minutes to an hour. RCL can give the name of someone to do that if the City wants.
Mr. Turner said staff is accumulating information from cities with the system in place, and he would have a report at the next meeting.
Mr. Mooney said they have 30-40 cities interested in the system, and if we ordered one in October, it would probably be February - April before they could install it. He stressed that we would have to notify the railroad and work with it. The City would also have to work with MoDOT and FRA. Mr. Atkinson said the FRA's website leads him to think the procedure has not been firmed up yet.
Mr. Rittman asked if the company offers a turnkey package with maintenance; Mr. Mooney said they hadn't, but they could talk about it.
Mayor Dusenbery asked Mr. Mooney to provide a list of all the cities interested in this system. Mr. Mooney will do that.
Mr. Sievers posed the following questions:
Mayor Dusenbery said we would have more hearings on this.
Lewis & Clark Event. Mrs. Butcher said the event was a success, attended by families and individuals of all ages. She gave some preliminary information on finances, and talked about the possibility of the expedition coming back in 2006. She credited the many entities who contributed to the Parkville event. A copy of her report is attached to these minutes. Mrs. Butcher gave thanks especially to the mayor and Board of Aldermen. She presented a framed plaque to the mayor. Mayor Dusenbery thanked Mrs. Butcher for her leadership and all her work, and also Barbara Lance for her work on the Lewis & Clark dinner.
2004 and 2005 events:
July 4, 2005. Mr. Hutsler said July 4th is on a Monday next year, and they would like to have the event from Friday to Monday. The parade and the Parkville Lions breakfast would be on Monday, the 4th.
Mrs. Arnold said they would need some kind of security on the 1st, 2nd, and 3rd as well as the 4th. Mr. Hutsler said they would hire Parkville off-duty police officers.
The carnival will be held in Ball Field #1. That frees up parking lots. The merchants loved that aspect of this year's July 4th, Mr. Hutsler said, and the Farmers Market people were pleased. The Main Street Parkville Association repaired the damage to the ball field after the carnival left. Mayor Dusenbery said she would like to see a deposit required for that purpose. Mrs. Arnold said that was in the interim policy the Parks Committee provided for their review. Mr. Hutsler said he was in favor of providing a $500 deposit.
Mr. Hutsler said a couple of subcontractors volunteered their time and equipment to fix the ball field, and the City might have spread some grass seed.
Mr. Friedman asked if we didn't have a survey on the cost of our events, with a recommendation for fees? Mr. Hutsler said he was amenable to any charges the City comes up with. Main Street is working closely with the Events Committee. Tonight, he said, he was just asking for approval for dates for these events.
ALDERMAN McCOY MOVED TO APPROVE THE DATES FOR THE JULY 4th EVENT IN 2005; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.
Parkville Days Riverfest August 26th-28th, 2005. Mr. Hutsler said he was asking for approval of those dates only.
Mr. Rittman asked about the geographical space those dates encompass. If another group comes in and says they would like to use the space there ... It was decided it would be the space as shown on the application.
Mr. Rittman said Mr. Hutsler has agreed to pay a deposit on the ballfield; he asked if this is going to be a consistent approach for all uses? Mayor Dusenbery said yes; they will not single out anyone for different treatment.
Mr. Poole said it is very difficult for the Police Department to schedule for two carnivals back to back, i.e., 4th of July and Parkville Days. Mr. Hutsler said he is not asking for a carnival during Parkville Days in 2005, just carnival games and the blow-up things.
ALDERMAN ATKINSON MOVED TO AUTHORIZE THE DATES AS SHOWN FOR PARKVILLE DAYS 2005; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED 8-0.
Parkville Days Riverfest 2004 - add carnival. Mr. Hutsler said Empire Carnival owner John Evans contacted him and said he had a free period during Parkville Days and would like to bring the carnival back to town, using Ball Field #1 again. Main Street doesn't really need the income from that for its budget this year, Mr. Hutsler said, and they would like to offer half the net proceeds to the City for whatever alderman decide.
Mayor Dusenbery said she would like to hear a motion to include a deposit. Mr. Atkinson said we have $500 in the rules. Mr. Hutsler said the ballfield would probably cost more than $1,000 to repair. Mrs. Arnold said event guidelines are still in final stages of drafting.
ALDERMAN ATKINSON MOVED TO AUTHORIZE THE CARNIVAL WITH A $1,000 DEPOSIT, REFUNDABLE IF IT IS NOT NEEDED, AND WITH THE PROVISION THAT THE CITY RECEIVE 50% OF THE NET PROCEEDS TO BE USED AT THE DISCRETION OF THE PARKS COMMITTEE.
Mr. Friedman said they were going to evaluate the cost of establishing electrical pedestals and then assess each organization over the next few years. Mrs. Arnold said the Events Committee is discussing that figure. She suggested we accept the carnival this time, but they can't come in next year. She reminded aldermen they had voted against having it twice in one year. Mr. Hutsler said this was a one-time opportunity.
ALDERMAN SPORTSMAN SECONDED ALDERMAN ATKINSON'S MOTION; AYE - ALDERMEN
ARNOLD, ATKINSON, FERGUSON, FRIEDMAN, McCOY, RITTMAN, SPORTSMAN. NAY - ALDERMAN POOLE.
MOTION CARRIED 7-1.
Mr. Poole explained that he doesn't want two carnivals so close together. Mrs. Arnold asked if Mr. Hutsler had security for this carnival. Mr. Hutsler said he will have an off-duty Parkville police officer for all hours of liquor sales and from 10 p.m. to 7 a.m. That will cost about $1,100, he said.
Liquor Licenses for Nick & Jake's. Mr. Timmons said he hopes Nick & Jake's will open in Parkville Commons in late September. Mrs. Lance said a police check had been done on managers and operators, and none had a record.
ALDERMAN FRIEDMAN MOVED TO AUTHORIZE A TEMPORARY RESORT LICENSE AND A SUNDAY SALES LICENSE FOR NICK & JAKE'S; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.
Mr. Timmons said they would be open 11-10, except they would stay open until 11 p.m. on Friday and Saturday The bar would stay open an hour later.
Automated Horn System. Mr. Turner said at the next meeting he would have a report from cities currently using the automated horn system.
2005 Budget. Mr. Turner said October 19th will be the final date for consideration of the 2005 budget. He would like to have a work session on the budget at 6 p.m. before the next meeting. He is planning to have the first draft of the general fund by then. In the past we have never done a budget for the debt service fund. He would like to do that.
He is making the following assumptions for the budget, and asked aldermen to correct him if he is wrong:
Deer Population. Mr. Turner reminded everyone that in February, 2004, the Missouri Department of Conservation did a flyover and counted 38 deer per square mile in Parkville. Their goal is to get the population down to 15 per square mile. That is possible with an aggressive campaign. Park University would like to do a private hunt; the City would do a public hunt. The university could pick their hunters; the City could not. We would have a lottery type of selection process. MDC said they would set up the hunt. It would be archery only. We could set up the hunt any way we want; we could have a tree house and have them shoot downward. We could make the hunt for the number of days we want. The average shooting distance is 14 yards. The City can require the hunter to take the entire deer with him or her after the hunt. They can't leave the remains on City property. There is some concern about a hunt when grade-school children are out of school. Park University would like to have the hunt during the period December 11th through December 16th and again January 3rd to 10th. Their students are gone during that period.
A buffer zone would be advisable between hunters and residential areas. We will have to review our Code requirements for hunting. MDC will have to grant us a variance to hunt in the Nature Sanctuary.
Mr. Turner said Lt. Moyer did a report on deer-related accidents. In 2002 there were 141 accidents; 12 were caused by deer. In 2003 there were 159 accidents; 20 were caused by deer. As of July, 2004, 4 out of 59 accidents were caused by deer.
Mr. McCoy discussed the possibility of doing it at any time during the year if the MDC is going to grant us a variance. Mayor Dusenbery said we may have to do this two years in a row, or every other year. All her neighbors have been very supportive of a deer hunt. Mr. Sportsman said he is convinced there is a deer problem; deer are running into cars, impaling themselves on fences, etc. He would like to make a decision as soon as possible, and invite community members to attend a discussion about it. It was agreed to invite citizens to the next meeting to discuss it. Mr. Friedman said the problem is so acute it is a problem for the deer themselves. An MDC representative will be present at the next meeting.
Mr. Rittman said members of the Riss Lake Homes Association ought to be present. Some homeowners are afraid the hunters would be on association property. He thought the numbers ought to be brought up to date, because the flyover was conducted right after a period of clearing land in adjacent Kansas City. Mayor Dusenbery said we will discuss all that with MDC at the next meeting. She said Mr. Hutsler has also reported a deer problem at the south end of the city.
Aldermen considered having this discussion at 6 p.m. The August 17th meeting agenda was discussed; the actual agenda and times will be decided later. Mr. Turner will contact the president of the Riss Lake Homeowners Association.
Mr. Hester came forward. Mr. Rittman asked the position of the RLHA about hunting on its property. He'd like to have that clarified. Mr. Hester said he would work with the association on an answer.
The city clerk would send out a press release the next day with information about the public discussion on deer population on August 17th (it was later decided it should include the September 21st discussion on secondhand smoke).
Mr. Atkinson asked why we need to involve city property if a hunt is going to take place on Park University property. It was noted there are favorite gathering spots for deer that are not on university property.
City Hall improvements. Mr. Turner said he and Mr. Rupp sent out Requests for Qualifications to architectural firms to bid on this project. Six firms expressed an interest. He asked if he could appoint an ad hoc committee to review the responses. That would be Mayor Dusenbery, Mr. Atkinson, Mr. McCoy, Mrs. Arnold, Mr. Friedman, Jeff Rupp, Sean Atkinson and himself, with any Board member welcome to attend and review the RFQ responses. The committee will rate the top three, who will give presentations to the committee, which will then make a recommendation to the Board of Aldermen. Responses to RFQ's are in his office, and any Board member can come in and pick up a package.
There was discussion on the environmental report that was done. Mr. Turner said everyone should have a copy of that report; he will make sure it is made available. Mayor Dusenbery said the biggest problem was in the city administrator's office, and that was fixed before Mr. Turner moved in.
There was some confusion about the agenda, as several items had been added since the packets went out, and the current agenda was the 18th version, which had been placed atop the rest of their materials at their places. Mayor Dusenbery said she and Mr. Turner had been working on some improvements to the agenda, which will be presented to the aldermen in a few weeks, and they can decide whether to adopt a new agenda form.
Plaza North Development report. Mr. Ackerson said he had submitted a report on the Plaza North Development, noting the development lies outside the city, but close enough so that the City of Parkville has the right to make comments about it to the Platte County Planning Commission. Mr. Ackerson said the application has been withdrawn by the developer in order to incorporate an expansion and make some changes. The County does not know when re-application will be made. The Traffic Study is being prepared but has not been submitted. He will notify aldermen if the hearing comes up before the next meeting.
Sign Regulations. Mr. Ackerson said there was a question at the last meeting about a sign. There was an application that didn't have all the details, and the Board of Aldermen tabled it. He since discovered it was an application that had been previously submitted and approved.
OTD (Old Town District) and B-4 (Planned Business) are the only two zones in which sign applications have to be submitted to the Board of Aldermen. In B-4 no standards have been established for signs, and any sign which the Board sees fit to approve can be installed. Approval shall not supersede any recorded subdivision covenants which are more restrictive. For that reason the applications from Parkville Commons are being reviewed by that entity's review board before they come to us.
There is some general language regarding illumination. Nothing addresses the specific hours of illumination, but in March aldermen permitted illumination from 5 a.m. to midnight when considering an application. You later applied those same hours to later applications in the same development, he said. You will have some applications from a restaurant or bar that stays open beyond midnight. If you want to apply that rule uniformly, he said, you probably need a text amendment because currently you can apply the restriction only to uses in the B-4 and OTD districts.
Master Plan Update. Mr. Ackerson said some suggestions have been received; they will take the list of all issues from aldermen, the public and staff to the review meetings. He will give aldermen that list as well. Mr. Ackerson said there is no appointed Steering Committee at this time. He would like the Planning Commission to participate in those meetings, plus aldermen, someone from the university, and someone from the sewer district, etc.
Request for Grading at Property Line, 406 Main. Mr. Friedman recused himself because his property is involved in this issue. He then went to sit in the audience.
Mr. Ackerson referred to the diagram, saying Gary Worden has applied for a building permit to remove the existing retaining wall, located on the west side of the property at 406 Main. He wants to remove 25' of the existing wall, grade the site back toward the property line approximately six feet, and construct a new retaining wall at the property line. Mr. Ackerson said he understood the application was made to accommodate additional off-street parking on the property.
Per City code, the City can't permit that grading without approval of the Board of Aldermen. In addition to that requirement, the Community Development Department has also discussed with the applicant's representative the need for proof of an easement from the neighboring property owner to allow access from both sides for construction of the new wall. A survey of the property line will also be required.
There is an existing fence across the retaining wall. If the application is approved and the existing fence is removed a replacement fence or guard would be required per the Building Code - a barrier of no less than 42". If the application is denied the applicant can grade up to within 2' of the property line, but if the work is going to require access on the other side of the line the applicant will have to have an easement from the abutting property owner.
Mayor Dusenbery asked if Mr. Worden had worked with the neighboring property owner. Mr. Ackerson said his understanding is that no permission has been granted at this time.
The diagram shows redirection of the driveway to that portion of the property which would be regraded in the back. Mrs. Arnold asked about a driveway that close to another person's home.
Mr. Ackerson said there is an option of a stack retaining wall, which might or might not allow them to grade closer than 2', and would not require access to the property. Mr. Sportsman asked to hear from Jack Friedman. Mr. Ackerson said the applicant's contractor said they could do that work without access to the neighboring property, but it is the opinion of the building inspectors the work could not be done as proposed without access.
Mr. Sportsman said the other option is building just to within 2' of the property line. Mr. Ackerson said the ordinance actually refers to any cut or fill at the property line. The 2' policy was adopted in the 2000 guidelines to clarify the adopted ordinance. Placing a retaining wall within 2' of the property line will likely require grading behind the wall, ultimately reaching the property line.
Mr. Sportsman asked Mr. Friedman to speak on the subject. Mr. Friedman said he thought it would be better for him to have his friend and attorney, Keith Cary, speak for him. Mr. Friedman said in order to build a retaining wall a person has to stand on both sides.
Mr. Cary said he was present to speak for Jack Friedman and his wife, Charlotte Roush. They oppose the application as it currently stands, Mr. Cary said, because they're concerned about damage to their adjoining property. Mr. Cary addressed the alternative, which states the applicant can grade up to within 2' of the property line, and he thinks his clients are agreeable to that proposal. They view that as enough of a buffer or safeguard that there would not be substantial damage to their property. Their position is that if the excavation stops at 2' from their property line, that's acceptable. Any closer is not acceptable because it runs the risk of damage to their property.
Mr. Cary explained the layout of the property. 406 Main is on the corner of 5th and Main. Up the hill on 5th, an adjoining vacant lot is owned by the Friedmans, and next to that is the Friedman home. It's a steep hill. The retaining wall being proposed for removal is 7'-8' high, and when you talk about excavating that wall and replacing it with something, there is a risk of a cave-in or collapse, with resulting damage to the property. The Friedmans have planted various things in that vacant lot, and excavation to the extent proposed would endanger some of the trees they have planted there.
The Friedmans bought that vacant lot about 1997, and when they bought it they assumed they were purchasing property up to and including that retaining wall. A year ago Mr. Friedman had the property surveyed for an unrelated reason and found the property line is actually up the hill 6-1/2' so he lost that much property. He understands he could probably make a case for adverse possession, but he and his wife are not interested in doing that.
Mr. Rittman asked if the recent survey has the consensus of all parties. Mr. Cary said he didn't know the answer to that. The property line is not being contested; it could be if the Friedmans were interested in pursuing adverse possession. Mr. Cary does not know if Mr. Worden accepts that property line.
Mr. Ferguson said then Mr. Friedman does not want to give Mr. Worden permission to come on his property line. Mr. Cary said some hard feelings have developed, and he thinks Mr. Friedman is not in favor of giving access to his property.
Mr. Cary clarified that the retaining wall is more than 2' away from the property line. Where the property fronts on 5th Street, the distance between the survey line and the retaining wall is 6-1/2'. As you go south into the property the difference between those two lines narrows to substantially less than 6-1/2'. The retaining wall could be torn out at the north end, and it would be beyond the 2' buffer that's involved in the property line. The proposal involves more than just removing the retaining wall, but also removing the backfill and putting in a new wall. The Friedmans are not opposed to a new wall, it's just a question of where it's going in and how much excavation is going to take place and how close to their property line.
Mr. Sportsman asked if Mr. Friedman is okay with Mr. Worden moving to within 2' of the property line. Mr. Cary said he thought the Friedmans were okay with allowing the excavation to come up to the 2' buffer; the retaining wall would then be an additional distance, probably 3'-4', from the property line. But if you talk about having the retaining wall 2' from the property line you have to excavate virtually to the property line. You have to lay a footing, and then the wall's got to be built far enough away from the excavation line to allow someone to get behind there and work on the other side of the wall.
Mr. Sportsman asked if they would be okay with the wall as long as equipment and dirt did not move on their property? Mr. Cary said that was correct. Mr. Friedman said a better way of putting it is that they are resigned to the fact.
Mayor Dusenbery thanked Mr. Cary for his remarks. She asked for the will of the Board.
Mr. Sportsman said he could not support bringing the wall immediately up to the property line, which would allow a significant amount of work done on the Friedman property, and he can't support the second option, either. It appeared to him, he said, that many of the questions being discussed would become legal issues at some point should this Board vote to modify existing codes. He didn't feel strongly enough about it to subject the City to that potential mess.
Discussion ensued. Mr. Ackerson said if Mr. Worden proceeded to work without receiving access to Mr. Friedman's property he would still be required to apply for a building permit. He read part of the Code which referred to the height of the walls.
Mr. Poole asked if Mr. Friedman was not willing to give permission, what action would be needed? Mr. Ackerson said if the Board does not vote, the action would by default be considered to be denied. There might be options that might allow them to be closer than 2', but that's not what is being requested tonight.
It was determined the applicant was not present, nor his representatives.
ALDERMAN ATKINSON MOVED TO TABLE THE ITEM TO GIVE BOTH PARTIES TIME TO GET TOGETHER AND REACH AN AGREEMENT.
Mr. Ferguson said if they take no action Mr. Worden could not come within 2' of Mr. Friedman's property, and there would be no problem. Mr. Rittman asked Mr. Campbell if the Board had to vote on the matter. Mr. Campbell said they need to follow the ordinance. There's nothing wrong with tabling it to give the parties time to work it out. That happens all the time. But he's saying the Board has no right to deviate from its own ordinance. If somebody wants to challenge the ordinance, we would have to change the ordinance to allow this. Mayor Dusenbery asked if we don't table it and we don't take any action on it, where do we stand? Mr. McCoy said they could deny it on the basis that he's asking for something that's not allowable under the ordinance.
Mr. Ackerson read the applicable section from Chapter 520.020, Permits Requiring Approval by Board of Aldermen,
"no permit shall be issued without approval by the Board of Aldermen for any cut or fill at the property line."
Mr. Campbell asked about the 2' phrase. Mr. Ackerson said that was actually a policy guideline adopted by the department as part of the construction guidelines. His understanding is that was adopted because at the point where you're within 2' you're at the property line.
Mayor Dusenbery said she thought they needed to table the issue, and she asked for a second to Mr. Atkinson's motion.
ALDERMAN ARNOLD SECONDED THE MOTION; AYE - ALDERMAN ATKINSON; NAY -
ALDERMEN ARNOLD, FERGUSON, McCOY, POOLE, RITTMAN, SPORTSMAN; MOTION FAILED 6-1.
Mr. Rittman said he understood that Mr. Worden could come up to the property line, but not come on Mr. Friedman's property. Mr. Ackerson said that's correct. Mr. Sportsman said we need to support our code, and the key thing is the fact that Mr. Friedman does not want any of his property compromised with the rebuilding of this retaining wall. Mr. Ackerson said in talking with the building inspectors he concluded that some encroachment onto the Friedman property would be required to build the proposed retaining wall within 2' of the property line.
Mr. Cary said Mr. Ackerson's memo indicates that the proposed grading at the site would go back toward the property line approximately 6'. If the property in question is 6-1/2' back, then the grading would go virtually right up to the property line.
Mayor Dusenbery asked Mr. Campbell's opinion. He said the part about not coming closer than 2' to the property line is not in any ordinance; it is just some guideline, so we can't be governed by that.
Mr. Rittman asked for further clarification. Mr. Ackerson said he thought the reason for the policy was as follows: In theory, he said, let's assume that he (Mr. Worden) grades right to the property line. He's removed the retaining wall, he's graded to within 6" of the property line. In order to put that wall back as proposed, he then has to continue to access the abutting property to finish the work. That's why the 2' policy was adopted. He can't violate the ordinance.
Mr. Campbell said his major concern is that the 2' requirement is not part of any ordinance. The way the ordinance reads, you can give him permission to go up to the property line. Mr. Rupp said the reason the policy reads that way is because of the way the ordinance is written. He said we had to come up with a policy.
Mr. Poole asked how close Mr. Worden could come to the property line. Mr. Cary said his sense is that if the Board approves the application Mr. Worden would come right to the property line. Mr. Atkinson said he had a problem with the fact that there had been no dialogue between the parties. Mr. Sportsman said this was the second time a request was made to table an issue because Mr. Worden wasn't present. He is not present. The property owner most affected by this is here. To table it to see if Mr. Worden might show up is not acceptable. We should make a decision, he said.
Mayor Dusenbery said we need Mr. Worden's official request. Mr. Ackerson said there's a building permit application, accompanied by two drawings. The mayor said she would entertain a motion on Mr. Worden's request for grading at the west property line.
ALDERMAN SPORTSMAN MOVED THE BOARD NOT APPROVE......
Mayor Dusenbery said she would not accept a negative motion, i.e., one saying we're not going to do something.
Mr. Sportsman said Mr. Worden is asking for permission for grading at a property line.
ALDERMAN McCOY MOVED TO DENY THE APPLICATION BASED ON THE FACT THIS IS NOT CONSISTENT WITH OUR POLICY; ALDERMAN SPORTSMAN SECONDED; AYE - ALDERMEN ARNOLD, McCOY, POOLE, RITTMAN, SPORTSMAN; NAY - ALDERMAN ATKINSON, FERGUSON; MOTION CARRIED 5-2.
Mr. Campbell said normally when a building permit is denied, the applicant can go to the BZA (Board of Zoning Adjustments), and if the BZA denies, the applicant can go directly to the Circuit Court.
Discussion ensued. Mr. Ferguson said the Board denied the application, allowing him to grade virtually right up to the property line. but not at the line.
Mayor Dusenbery said this shows some of our ordinances need to be cleaned up. Mr. Ackerson agreed. Mr. Campbell said some of these policies need to be put into ordinance form.
River North Amendment to plan for Building B, 4th Plat, Lot 2, Parkville Commons. Mr. Ackerson said this amendment is requested because due to site grading the existing building footprint and layout will
not work as planned.
ALDERMAN FERGUSON MOVED TO APPROVE THE REQUEST TO CHANGE THE PLAN AS REQUESTED; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED 8-0.
New law for CIDs. Mr. Campbell said Gilmore & Bell sent a newsletter to other attorneys, "Legislature Expands Use and Taxing authority of CIDS." A copy was included in the folder officials received at the meeting. A CID is a Community Improvement District. The new law allows all cities, villages, towns and counties in the state to form CIDs, and also allows all CIDs formed as political subdivisions of the state to impose a sales and use tax at a rate up to 1% on retail sales in a CID, and to expend those funds for authorized public improvement projects.
The newsletter said this may shift municipal focus from TDDs (Transportation Development Districts) because CIDs are easier to form, taxes may be used for a wider range of needs than just transportation, and CIDs are available to more entities.
Missouri Ethics Commission. A copy of Mr. Campbell's letter to the MEC was distributed in the second packets received by aldermen. His letter was in reply to the complaint filed by a Parkville citizen that the City violated the Sunshine Law by "supporting a ballot issue," that issue being the Capital Improvements Tax Levy. Mr. Campbell said the City's position is that the material it sent out was informational, not partisan. A ruling should be forthcoming in the near future, he said.
Moore case - Apex Plaza. Mr. Campbell said he was advised that oral arguments for this case are scheduled for September 16th. It is one of four cases to be heard between 9 and 10:30 a.m. Each side gets ten minutes to speak. We're last.
Louella Smith case. Mr. Campbell said we have asked our insurance company for $76,000, our share of the $101,000 loss incurred by this case. We have a $25,000 deductible. The insurance company has asked for some additional information. Mr. Campbell has sent everything that's become public. We still have some things to turn in. Lt. Moyer is working on that. This request was made the first of June. Mr. Campbell said his health and that of Municipal Judge Sandra Ferguson has held us up. Lt. Moyer said he contacted the insurance company almost a week ago and gave them almost everything they requested. They are supposed to get back to him after they receive the documents.
Lt. Moyer said the prohibition against climbing on the Waddell Bridge came about because they found two high school boys on it, and the boys said the bridge is known as "the place to climb."
ALDERMAN FERGUSON MOVED THAT BILL 2159, PROHIBITING CLIMBING ON THE WADDELL BRIDGE IN ENGLISH LANDING PARK, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL 2159 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 2159 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2140; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill 2152 was posted 7/28/04.
It was agreed that signs would be placed near the bridge. An item will be placed in the Parkville Newsletter. Mr. Rupp said they are also trying to work out some way to physically prevent climbing on the bridge.
Consideration of the Park Master Plan and the Interim Policy for Parks was tabled. Mr. Turner said they could disregard the correspondence with Worldspan about a park reservation. (Note: That topic will be reintroduced at the August 17th meeting.)
Street Lights. Mr. Rupp said he met with KCP&L officials and got permission for three lights. Mr. Rittman asked if they would be mounted on existing poles. Mr. Rupp said no, KCP&L didn't want to do that. MoDOT said all of them have to be on breakaway poles.
ALDERMAN FERGUSON MOVED THAT CA 114, AUTHORIZING A CONTRACT WITH BARCUS FOR THE BRIDGE FROM THE PARKING LOT TO THE EAST SIDE ENGLISH LANDING PARK, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT CA 114 BE APPROVED ON FIRST READING AND PLACED ON SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT CA 114 BE APPROVED ON SECOND READING TO BECOME ORDINANCE CA 114; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill CA 114 was posted 7/28/04.
Discussion ensued about whether a tree would have to come down. Mr. Ferguson said he understood we wouldn't have to cut it down. Mr. Rupp said we might have to cut it down if it dies. Mr. Friedman said there is a tree by the Waddell Bridge that was supposed to die when the bridge went down, but it is still flourishing Mr. Poole said he didn't think the tree would be affected.
ALDERMAN FERGUSON MOVED THAT BILL CA 115, AUTHORIZING A MAINTENANCE CONTRACT WITH BLUE VALLEY SIREN FOR OUR SIREN SYSTEM, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL CA 115 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL CA 115 BE APPROVED ON SECOND READING TO BECOME ORDINANCE CA 115; ALDERMAN SPORTSMAN SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill CA 115 was posted 7/28/04.
Lt. Moyer said the written report was in their packets, and there was nothing to add.
ALDERMAN FERGUSON MOVED THAT BILL A-747, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL A-747 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-747 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-747; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED 8-0.
Bill A-747 was posted 7/27/04.
Mrs. Arnold said Page 8 showed a finance charge from Lowe's; this has happened several times. She asked if there is any way this could be prevented in the future. Mr. Turner said he would work on that.
Ad Hoc Ambulance Committee. Mayor Dusenbery said there was a Platte County Mayors meeting last week; she is working with them to start an ambulance district for southern Platte County.
Chamber of Commerce/Events. Mrs. Arnold said the Chamber Board is working on a 3-year plan. There was a nice turn-out at the after-hours at The National. The next one will be held Thursday, August 19, from 5-7 at Yoshiko Japanese Steakhouse in English Landing Center. Yoshiko will be serving appetizers, sushi, and red and white wine. A cash bar will be available for other drinks.
Channel 2/Website. Mr. Atkinson said there will be a status report from Curious Eye next meeting. Time Warner came by at Curious Eye's request and made some adjustments. Lt. Moyer said they removed a repeater step in the process, and said we should ask viewers after tonight's meeting whether the picture was better.
Community Center. No report.
Farmers Market. No report.
Financial Report. ALDERMAN FERGUSON MOVED TO AUTHORIZE PUBLICATION OF THE SEMI-ANNUAL FINANCIAL REPORT, WHICH WAS INCLUDED IN MEETING PACKETS,; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED 8-0.
Main Street Parkville Association, Inc. Mr. Rittman said that report was covered already.
Nature Sanctuary. No report.
Parks Committee. No report.
Planning Commission. Mr. Ferguson said there would be a meeting the following Tuesday. Mr. Ackerson said there would be consideration of five items: The National 14th Plat, The National 15th Plat, final plat of The Lodges at The National, residential development on Main Street, and the Master Plan update.
Mrs. Lance reported the River Barge would return to Parkville after a two-year absence. They will be here August 12th, 13th, 26th and 27th. On at least one of those dates they will offer tours of the boat.
The secondhand smoke issue will be brought up for public discussion at the second meeting in September. Postcards will be sent to the merchants.
ALDERMAN FERGUSON MOVED TO ADJOURN; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED 8-0.
The meeting was adjourned at 9:55 p.m.
Submitted by ________________________________
City Clerk Barbara J. Lance - 8/11/04