Regular Meeting
BOARD OF ALDERMEN
CITY OF PARKVILLE, MISSOURI
November 16, 2004
Mayor Kathryn A.
Dusenbery called the meeting to order at 6:00 p.m. in the Administrative
Conference Area.
ROLL
CALL
Ward
1 Alderman Jack Friedman -Present
Ward
1 Alderman Charlie Poole -Present
Ward
2 Alderman David McCoy -Present
Ward
2 Alderman David Rittman -Present
Ward
3 Alderman Marvin Ferguson -Present
Ward
3 Alderman Linda Arnold -Present (Left ill at 7:10 p.m.)
Ward
4 Alderman Marc Sportsman -Present
Ward 4 Alderman Brian Atkinson -Present
ALDERMAN
FERGUSON MOVED TO ADJOURN INTO EXECUTIVE SESSION TO DISCUSS
PERSONNEL MATTERS
UNDER THE AUTHORITY OF RSMO 610.021 (3); ALDERMAN
ARNOLD SECONDED;
ALL AYE; MOTION CARRIED.
Discussion ensued.
ALDERMAN FRIEDMAN
MOVED TO RETURN TO OPEN SESSION IN THE BOARDROOM; ALDERMAN ARNOLD SECONDED; ALL
AYE; MOTION CARRIED 8-0.
The meeting was returned to open session in the
Board Room at 7:02 p.m. with attendance as noted above and below.
ALSO
PRESENT: City Administrator Joe Turner
Police
Lt. John Moyer
Public
Works Director Jeff Rupp
Community
Development Director Sean Ackerson arrived at 7:18 p.m.
Boy
Scout Mike Kegin, Troup 394
Paul
Wrablica, BMW Towers, LLC
Bruce
Culley, Auditor
Anna
Jaffe and Mike Horine, Curious Eye Productions
Assistant
City Clerk Claudia Willhite
Tony
Borchers, The National
Tom
Hutsler, Main Street Association
Jim
McCall, Papa Frank’s
MEDIA
PRESENT: Joe Gleason for Channel 2
Nancy
Jack for The Luminary
Marte Zirschky for Platte
Dispatch
Bill
O’Malley for Platte Landmark
Mayor Dusenbery
stated there were two announcements resulting from the Executive Session prior
to this board meeting. Those are:
A MOTION PASSED TO PLACE JOHN CONRAD AS OF JANUARY 1, 2005 AS
PARKS SUPERINTENDENT AT A LEVEL 14 SALARY RANGE OF $34,558 TO $40,658, WITH
$34,558 TO BE HIS 2005 SET SALARY.
THE MOTION PASSED WHEN THE MAYOR’S AYE VOTE BROKE THE
ALDERMENS’ 4-4 TIE VOTE OF AYES: SPORTSMAN, FRIEDMAN, RITTMAN AND McCOY; NAYS:
ATKINSON, POOLE, ARNOLD, AND FERGUSON.
A MOTION PASSED TO RAISE CITY ADMINISTRATOR JOE
TURNER’S 2005 SALARY INCREASE FROM A 2% TO A 3% INCREASE PLACING MR. TURNER’S
2005 SALARY AT $75,190.
THE MOTION FOR MR. TURNER’S INCREASE PASSED
8-0. AYES: ALDERMEN ATKINSON, ARNOLD, McCOY, FRIEDMAN, SPORTSMAN, POOLE,
FERGUSON AND RITTMAN.
BOY
SCOUTS
Mike Kegin, a
Parkville Boy Scout from Troup 314, introduced himself and reported that he was
attending to meet his communications badge requirements.
ALDERMAN FRIEDMAN
MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 2, 2004 BOARD OF ALDERMEN MEETING
AS PUBLISHED; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED 8-0.
Mr. Paul Wrablica, a
partner with BMW Towers, LLC., addressed the board seeking clarification
regarding Parkville’s billboard regulations.
He explained that his company owns approximately 3 acres at the NE
corner of I-435 and FF Highway where they would like to place a billboard. Community Development Director Sean Ackerson
directed the board to the related policy report in the packets that highlighted
why the site does not meet the minimum requirements for billboards, including
zoning and setbacks.
Discussion ensued
regarding the intent of the regulations and the Board of Aldermen’s wishes to
support and adhere to the regulations as they are written. Alderman Rittman noted that he has recently
seen the aesthetic impact gained from the absence of billboards in the state of
Maine where all billboards are banned.
Mayor Dusenbery concurred that we want to do all we can to keep the
gateways to Parkville attractive and inviting.
The Board of Aldermen all agreed that they remained fully supportive of
backing the existing ordinance regarding billboards.
Mr. Wrablica said he got
the answers he was seeking and thanked the board for their time.
Public Hearing on
Proposed Sewer Rate Increase
ALDERMAN MCCOY MOVED TO OPEN THE PUBLIC HEARING ON
THE PROPOSED SEWER RATE INCREASE; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION
CARRIED 8-0.
Alderman McCoy reported that the Finance Committee
has discussed this increase and recommends it.
The rate is based on a formula we are required to follow by the state of
Missouri. Alderman Poole pointed out
that we went many years without an increase and this follows up on
recommendations from an in-depth study.
Any excess funds will be directed to a restricted account from which
only the board can authorize spending.
As there was no public comment, questions or other
discussion, the mayor entertained a motion to close the public hearing.
ALDERMAN ATKINSON MOVED TO CLOSE THE PUBLIC HEARING
ON THE PROPOSED SEWER RATE INCREASE; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION
CARRIED 8-0.
Note: Alderman Arnold was not feeling well and
left the meeting at approximately 7:10 p.m.
Bill to Authorize
Agreement with SKW for ELP West Design Plan
ALDERMAN FERGUSON MOVED THAT BILL C/A 124,
AN ORDINANCE AUTHORIZING AN AGREEMENT WITH SHAFER, KLINE AND WARREN INC. TO
CREATE A CONCEPTUAL DESIGN PLAN FOR ENGLISH LANDING PARK WEST, BE APPROVED
FOR FIRST READING BY TITLE ONLY; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION
CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL C/A 124 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 C/A 124 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 124; ALDERMAN
SPORTSMANSECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 7-0.
AYES:
ALDERMEN SPORTSMAN, FERGUSON, RITTMAN, POOLE, FRIEDMAN, MCCOY, ATKINSON
Bill
C/A 124 was posted on 11/12/04.
CITY ADMINISTRATOR’S REPORT
Approval
of 2003 Audit
Auditor Bruce Culley reviewed the 2003
Financial Statement Audit which he submitted to the City of Parkville on
October 25, 2004. A table of contents
for that report and recommendations made by Mr. Culley for strengthening
internal controls are attached to these minutes. Brief discussion followed.
Alderman McCoy asked the City Administrator
if he was in full agreement with each of the recommendations included in this
audit and Mr. Turner answered yes and that he did plan to oversee
implementation of those recommendations for improvement. Since a few of the recommendations related
to the Municipal Court process, and the position of Municipal Judge reports
directly to the Mayor, Mayor Dusenbery directed the City Administrator and the
Judge to work together to facilitate these goals. Alderman McCoy asked the Clerk to let this record show that the
City of Parkville fully intends to implement each of the recommendations
resulting from this independent audit.
ALDERMAN SPORTSMAN MOVED TO ACCEPT THE 2003
FINANCIAL AUDIT SUBMITTED BY CPA BRUCE CULLEY AS PUBLISHED, ALDERMAN McCOY
SECONDED; ALL AYE, MOTION PASSED 7-0.
Bill
Approving Salary Increase for John Conrad (tabled from 11/02/04)
ALDERMAN SPORTSMAN MOVED THAT THE BILL APPROVING A SALARY
INCREASE FOR JOHN CONRAD BE REMOVED FROM THE TABLE; ALDERMAN FRIEDMAN SECONDED;
ALL AYE, MOTION PASSED.
ALDERMAN FRIEDMAN THEN MOVED TO WITHDRAW THIS ORDINANCE BASED
ON THE ACTION TAKEN IN EXECUTIVE SESSION PRECEEDING THIS BOARD MEEETING
REGARDING JOHN CONRAD’S POSITION AND SALARY.
ALDERMAN FERGUSON SECONDED ALDERMAN FRIEDMAN’S MOTION TO
WITHDRAW; ALL AYE, MOTION PASSED.
Bill for Approval of 2005 Salaries
ALDERMAN FERGUSON MOVED THAT BILL 2180, AN
ORDINANCE APPROVING AND ADOPTING THE SALARIES FOR THE CITY OF PARKVILLE,
MISSOURI, FOR THE PERIOD FROM JANUARY 1, 2005 THROUGH DECEMBER 31, 2005, BE
APPROVED FOR FIRST READING BY TITLE ONLY WITH THE FOLLOWING TWO AMENDMENTS: (1)
PARKS SUPERINTENDENT JOHN CONRAD IS INCREASED TO A LEVEL 14 SALARY RANGE OF
$34,558 TO $40,658, WITH $34,558 TO BE HIS 2005 SALARY; AND (2) CITY
ADMINISTRATOR JOE TURNER’S 2005 SALARY INCREASE IS RAISED FROM 2% TO 3% BASED
ON PERFORMANCE, MAKING HIS 2005 SALARY $75,190, ALDERMAN FRIEDMAN
SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL2180 BE
APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN
McCOY SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL 2180 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE 2161; ALDERMAN FRIEDMAN
SECONDED; MOTION FAILED BY ROLL CALL VOTE 4-3.
AYES: ALDERMEN FRIEDMAN, McCOY,
SPORTSMAN, RITTMAN
NAYS: ALDERMEN ATKINSON, POOLE, FERGUSON
Note: An ordinance requires a minimum of 5 AYE
votes to pass.
Bill for Approval of 2005
Sewer Rate Increase
ALDERMAN FERGUSON MOVED THAT BILL 2181, AN
ORDINANCE AMENDING ORDINANCE 2072, SETTING THE SEWER BASE CHARE AND SEWER
USE CHARGE FOR CUSTOMERS OF THE SEWER SYSTEM OF PARKVILLE, MISSOURI, ANDTO
REVISE CERTAIN RELATED DOLLAR AMOUNTS IN SECTIONS 3 AND 4 OF ARTICLE III,
BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE;
MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL 2181 BE
APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN
McCOY SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL 2181 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE 2161; ALDERMAN McCOY
SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 7-0.
AYES:
ALDERMEN SPORTSMAN, FERGUSON, RITTMAN, POOLE, FRIEDMAN, McCOY, AND
ATKINSON
Bill
2181 was posted on 11/12/04.
Bill for Approval of 2005 General Fund
Budget
Due to failure to pass the bill for approval
of 2005 salaries, the bill for approval of 2005 general fund budget was
postponed until the December 7th board meeting.
Bill for Approval of Sewer
Fund Budget
ALDERMAN FERGUSON MOVED THAT BILL 2182, AN
ORDINANCE APPROVING AND ADOPTING THE SEWER FUND BUDGET FOR THE CITY OF
PARKVILLE, MISSOURI FOR THE PERIOD FROM JANUARY 1, 2005 THROUGH DECEMBER 31,
2005, BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED;
ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL 2182 BE
APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN
McCOY SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL 2182 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE 2162; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL VOTE;
MOTION CARRIED 7-0.
AYES:
ALDERMEN SPORTSMAN, FRIEDMAN, POOLE, FERGUSON, ATKINSON, McCOY AND
FRIEDMAN
Bill
2182 was posted on 11/12/04.
Mr. Turner reminded everyone of the brief November 18th
special SRF meeting at 6:30 p.m.
COMMUNITY
DEVELOPMENT
Request for sign approval
for The Great Frame Up and for H & R Block
Following brief discussion of the two sign requests submitted,
it was agreed to vote on these together.
ALDERMAN FRIEDMAN MOVED TO APPROVE THE SIGN PERMITS REQUESTED
FOR THE GREAT FRAME UP AND FOR H & R BLOCK, WITH THE ILLUMINATION PERIOD TO
BE A MAXIMUM OF 5 AM TO MIDNIGHT; ALDERMAN McCOY SECONDED; ALL AYE; MOTION
CARRIED 7-0.
Community Director Sean Ackerson reported to the board that a
previously approved sign permit request for dental offices has been found to
conflict with covenant restrictions of The National and is in the process of
being revised.
Request for approval of use change in OTD Papa Frank’s Bldg.
(tabled from 11/02/04)
Jim McCall, owner of Papa Frank’s building, was available to
answer any questions the board may have regarding this request. He assured the board that he is willing to
follow necessary actions to make the parking lot safer and accommodate any fire
department recommendations.
ALDERMAN RITTMAN MOVED TO ACCEPT THE PROPOSED USE CHANGE IN OTD
PAPA FRANK’S BUILDING, ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION PASSED 7-0.
AYES: ALDERMEN
FRIEDMAN, RITTMAN, POOLE, SPORTSMAN, ATKINSON, FERGUSON AND McCOY.
Request approval for use change and exterior modifications in
OTD – Ambiance, 7 Main St.
Bonnie Decker, the new owner of this building at 7 Main Street
was not present. Mr. Ackerson directed
the board to the policy report in the packets explaining this request to change
the use from law offices to specialty retail and exterior modifications. The Planning Commission found the
modifications to be consistent with the intent and requirements of the OTD
district regulations and they recommended approval by a vote of 8-0.
ALDERMAN RITTMAN MOVED TO APPROVE THE USE CHANGE AND EXTERIOR
MODIFICATIONS AT THIS OTD LOCATION, AMBIANCE, AT 7 MAIN STREET; ALDERMAN POOLE
SECONDED; ALL AYE; MOTION PASSED 7-0.
Mr. Ackerson did note that some of these changes were initiated
prior to the appropriate approvals being obtained. He intends to distribute a flyer or some form of communication to
remind all OTD property owners of the regulations and procedures designed to
govern and preserve the OTD district.
Text amendment approval request – CUP procedures
Mr. Ackerson explained to the board that this text amendment
will serve to clarify the process and language currently used.
ALDERMAN FERGUSON MOVED THAT BILL 2183, AN
ORDINANCE APPROVING A TEXT AMENDMENT TO CHAPTER 459 OF TITLE IV OF THE
PARKVILLE CITY CODE TO CLARIFY THE PROCEDURE FOR COMMUNITY UNIT PLAN APPROVAL,
BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN SPORTSMAN SECONDED; ALL
AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL 2183 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 2183 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE 2163; ALDERMAN RITTMAN SECONDED; ALL AYE BY ROLL CALL VOTE;
MOTION CARRIED 7-0.
AYES:
ALDERMEN SPORTSMAN, FERGUSON, RITTMAN, POOLE, FRIEDMAN, McCOY, AND
ATKINSON
Bill
2183 was posted on 11/15/04.
Text amendment approval request – Rezoning for annexed
properties
Mr. Ackerson stated that, as previously
discussed, approval of this text amendment will allow for rezoning of annexed
property without a public hearing.
ALDERMAN FERGUSON MOVED THAT BILL 2184, AN
ORDINANCE REPEALING SECTION 485.010 AND ENACTING A NEW SECTION 485.010
DEALING WITH RE ZONING OF ANNEXED PROPERTY, BE APPROVED FOR FIRST READING
BY TITLE ONLY; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL 2184 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 2184 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE 2164; ALDERMAN SPORTSMAN
SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 7-0.
AYES:
ALDERMEN SPORTSMAN, FERGUSON, RITTMAN, POOLE, FRIEDMAN, McCOY, AND
ATKINSON
Bill
2184 was posted on 11/15/04.
Text amendment approval request – BZA hearing and notice
requirements
ALDERMAN FERGUSON MOVED THAT BILL 2185, AN
ORDINANCE REPEALING SECTION 480.010 AND ENACTING A NEW SECTION 480.010, AND
ADDING SECTION 480.015, DEALING WITH THE BOARD OF ZONING ADJUSTMENTS, BE
APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN FRIEDMAN SECONDED; ALL AYE;
MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL 2185 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 2185 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE 2165; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL VOTE;
MOTION CARRIED 7-0.
AYES:
ALDERMEN SPORTSMAN, FERGUSON, RITTMAN, POOLE, FRIEDMAN, McCOY, AND
ATKINSON
Bill
2185 was posted on 11/15/04.
Mayor Dusenbery announced that she had recently learned of
Planning Commission member Gary Smith’s plans to move to a location nearby but
outside the Parkville city limits. She
thanked Mr. Smith for his many years of service to the City of Parkville.
PUBLIC WORKS
Bill to authorize contract
with Insituform for sewer line repairs
Public Works Director Jeff Rupp briefly reviewed the history
and policy report related to this ordinance.
Alderman Rittman asked if we have all the funds to cover additional
expenses if the repairs run into unexpected expenses. Mr. Rupp said no. Mayor
Dusenbery asked if the city can repay the loan fund. Mr. Rupp said yes, the sewer fund will repay in those
circumstances. It was agreed that if
unexpected problems arise, staff will be trusted to view the tapes and make the
call to proceed with the repairs in order to save on time and expenses related to
these repairs.
ALDERMAN FERGUSON MOVED THAT BILL C/A 125,
AN ORDINANCE AUTHORIZING INSITUFORM TO PERFORM REPAIRS TO SEWER LINES IN THE
PARKVILLE HEIGHTS SUBDIVISION, BE APPROVED FOR FIRST READING BY TITLE ONLY;
ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL C/A 125 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 125 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 125; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL VOTE;
MOTION CARRIED 7-0.
AYES: ALDERMEN
ATKINSON, McCOY, RITTMAN, FRIEDMAN, SPORTSMAN, FERGUSON AND POOLE.
Bill
C/A 125 was posted on 11/12/04.
Bill to authorize
employment of Daniel Koch as Project Manager
ALDERMAN FERGUSON MOVED THAT BILL 2186, AN
ORDINANCE AUTHORIZING THE EMPLOYMENT OF DANIEL P. KOCH AS PROJECT MANAGER
FOR THE PUBLIC WORKS DEPARTMENT, BE APPROVED FOR FIRST READING BY TITLE
ONLY; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL 2186 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 2186 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE 2166; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL VOTE;
MOTION CARRIED 7-0.
AYES: ALDERMEN
ATKINSON, McCOY, RITTMAN, FRIEDMAN, SPORTSMAN, FERGUSON AND POOLE.
Bill
2186 was posted on 11/12/04.
POLICE CHIEF’S REPORT
Lt. John Moyer reported that discussion on
new police cars will wait until the general budget for 2005 is approved. No other report at this time.
ACCOUNTS PAYABLE
ALDERMAN FERGUSON MOVED THAT BILL A-754, TO
PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN POOLE
SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL A-754 BE
APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN
McCOY SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL A-754 BE
APPROVED ON SECOND READING TO BECOME ORDINANCE A-746; ALDERMAN SPORTSMAN
SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 7-0.
Bill
A-754 was posted on 11/12/04.
COMMITTEE REPORTS
Ad
Hoc Ambulance Committee:
The mayor will attend a regional mayors meeting at the end of November.
Chamber of Commerce/Events: A reminder was given for Christmas on the River activities to be held December 3, 2004 at English Landing Park.