Work Session and Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

December 21, 2004

 

Note:  These minutes should be considered a draft until they are approved by the Board of Aldermen at the meeting of January 4, 2005.

 

CALL TO ORDER

 

Mayor Kathryn A. Dusenbery called the Work Session to order at 6:34 p.m. in the Board Room.

 

ROLL CALL

 

Ward 1 Alderman Jack Friedman                                -Present   

Ward 1 Alderman Charlie Poole                                  -Present

Ward 2 Alderman David McCoy                                  -Absent with prior notice    

Ward 2 Alderman David Rittman                               -Present   

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

                                 Assistant City Clerk Claudia Willhite

                                 Public Works Director Jeff Rupp

                                 City Attorney Jack Campbell

Neil Davidson, Platte County Parks and Recreation Chair

 

 

DISCUSSION OF PLATTE COUNTY PROPERTY CONVEYANCE AGREEMENT

 

Mayor Dusenbery opened the work session to discuss the proposed conveyance of land from Platte County to Parkville, as described in the Property Conveyance Agreement that was included in the board members’ packets.   Due to conflicting commitments, Brian Nowotny and Michael Short were unable to attend this work session on behalf of Platte County.  Neil Davidson, Chair for Platte County Parks and Recreation, said he was at the meeting to do the best he could to fill in and address any questions for the County regarding this land transfer.   City Attorney Jack Campbell expressed his concerns regarding a number of unfinished commitments that the County had made regarding the land in question.  Mr. Campbell said he was especially concerned about Paragraph 2 regarding the right-of-way and Paragraph 4 of the Agreement that referenced conditions and restrictions not yet fully met.  He suggested that one option might be to pass the ordinance with stipulations added in an attached Exhibit that will address the County’s unfinished commitments regarding the property.

 

Discussion ensued that included a number of questions and concerns from the Board.  Alderman Friedman said that he had serious concerns regarding the condition of the retaining wall and potential repair problems in the future.  Some believed the retaining wall belongs to David Barth.  Jack Campbell said he’s been working with Platte County attorney, Robert Shaw, to acquire copies of the four contracts the county has regarding this tract of land.  The mayor asked Mr. Davidson if he knew of any detriment to the city accepting this land.  Mr. Davidson said there was none that were obvious to him but it’s clear that some open items do remain so perhaps a side agreement would be appropriate.

 

Mayor Dusenbery then asked Mr. Davidson and Mr. Campbell if they would mind stepping out of the room to phone Michael Short at his home to try to get answers to these questions and more information about the reasoning for making this transfer.  They agreed to do that and come back to report later in the board meeting.

 

The mayor entertained a motion to close the work session to begin the regular board meeting for December 21, 2004.

 

ALDERMAN FRIEDMAN MOVED TO CLOSE THE WORK SESSION AND BEGIN REGULAR SESSION; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 7-0.

 

The meeting was returned to regular session in the Board Room at 7:07 p.m. with attendance as noted above and below.

 

ALSO PRESENT:                           Paul Giarratana, Community Development Inspector

                                                            Police Chief Bill Hudson

                                                            Dan Koch, Project Manager

                                                            Gary Worden, business owner Piropos

                                                            Anna Jaffe and Mike Horine, Curious Eye Productions

                                                            Tom Hutsler, Main Street Association

                                                            Gina Weisenborn, business owner Fruit by Design

                                                            Harry Sievers, Resident

                                                            Frank McCoy, Planning and Zoning member

                                                           

MEDIA PRESENT:                        Joe Gleason for Channel 2

                                                            Nancy Jack, The Luminary

                                                            Mark Vasto, The Luminary

Marte Zirschky, Platte Dispatch 

                                                            Bill O’Malley, Platte Landmark

                                                            Kara Cowie, Kansas City Star

 

 

REVIEW OF MINUTES

 

ALDERMAN FRIEDMAN MOVED TO APPROVE THE MINUTES OF THE DECEMBER 7, 2004 BOARD OF ALDERMEN MEETING AS PUBLISHED; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED 7-0.

MAYOR’S REPORT

 

Year-round Lighting of Businesses in Old Town District

 

Mayor Dusenbery referred the board to a letter in their packets from Stone Canyon restaurant owner Kevin Heaton and Piropos restaurant owner, Gary Worden.  She asked Mr. Worden, who was present, to come to the podium to review this written request. 

 

Mr. Worden pointed out that the idea of leaving the building Christmas lights up and turned on year-round in Parkville’s Old Town District is not a new idea, but one the downtown merchants have been discussing on varied levels for several years.  Several of them, he said, decided that this year they should be more proactive and request at this time to at least agree to leave them up and on for a few more weeks, to give everyone more time to carefully review the recommendation.  It is an opportunity, he said, to add to Parkville’s differentiating factors.  Mr. Worden said that Dr. Byers-Pevitts recently told him that Park University is planning on doing the same for many of their buildings.  He also said we could try doing this in stages if we can’t do all of them initially.

 

Mayor Dusenbery said that it has been pointed out to her by the City Administrator for Kansas City that the

view from the air for Parkville is quite dark and having more buildings lit would draw more interest to the area.  She then added that if we did decide to do this, the switches would need to be consolidated.   Alderman Arnold asked if this will be cost prohibitive or what is the estimated cost per day.  Mr. Worden said with its current configuration the estimate is $1.50 per day or about $500 per year.   Paul Giarratana from Parkville’s Community Development department then distributed a preliminary outline of considerations for the board to review.  He said he is researching this proposal at the mayor’s request and could have more information by the next meeting.   Alderman Arnold said that she is a firm believer in this recommendation and if it were legal, she would give one of her paychecks to cover the expense.

 

Alderman Rittman said he was prepared to make a motion to leave the lights on until Wednesday, March 2, 2005 to give City staff more time to do their due diligence, but since this item is not on the agenda as an action item, board action will need to wait until a future meeting.

 

Return to Discussion of the Platte County Land Conveyance

 

At this point, Neil Davidson and Jack Campbell came back to the meeting to report on their phone call to Platte County Commissioner Michael Short.  Mr. Davidson said that Mr. Short indicated that all of the buyer obligations regarding this property in question have been satisfied.  Mr. Campbell said that Mr. Short also said that if we wanted to add some language to the agreement to protect our interests that would be fine and he thought the retaining wall was on Barth’s property.  Mr. Campbell pointed out to the board that Mr. Short had something going on at his house and did not have any files regarding this available to refer to as they spoke.  Discussion ensued, followed by consensus that adding an Exhibit with stipulations to the agreement to protect our concerns regarding this transfer is the best way to proceed.

 

ALDERMAN RITTMAN MOVED THAT APPROVAL OF THE FOLLOWING CONVEYANCE IS SUBJECT TO CONFIRMATION THAT ALL PREVIOUS COMMITMENTS AND OBLIGATIONS MADE BETWEEN THE COUNTY OF PLATTE AND THE PROPERTY HOLDERS SHALL REMAIN THE RESPONSIBILITY OF THE COUNTY TO COMPLETE AND RESPONSIBIILITY FOR SAID COMPLETION IS NOT SUPERSEDED OR PASSED ON TO THE CITY OF PARKVILLE AS PART OF THIS CONVEYANCE; A LIST OF SAID RESPONSIBILITIES IS HEREBY OUTLINED IN EXHIBIT A ATTACHED TO THIS DOCUMENT; ALDERMAN FERGUSON SECONDED; ALL AYE; MOTION PASSED 7-0.

 

AYES: ALDERMEN ATKINSON, RITTMAN, FRIEDMAN, SPORTSMAN, FERGUSON, ARNOLD AND POOLE.

 

Note:  Alderman Atkinson left the room at approximately 7:26 p.m.

 

ALDERMAN FERGUSON MOVED THAT BILL 2193, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE PROPERTY CONVEYANCE AGREEMENT ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE ACCEPTING CERTAIN REAL PROPERTY FROM PLATTE COUNTY, MISSOURI (GRANTORS) TO THE CITY OF PARKVILLE (GRANTEES) AS IDENTIFIED IN THE PROPERTY CONVEYANCE AGREEMENT, BE APPROVED FOR FIRST READING; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL 2193 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 2193 BE APPROVED ON SECOND READING TO BECOME ORDINANCE  2173; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 6-0.

 

AYES: ALDERMEN RITTMAN, FRIEDMAN, SPORTSMAN, FERGUSON, ARNOLD AND POOLE.

 

Bill 2193 was posted on 12/3/04.

CITY ADMINISTRATOR’S REPORT

 

Channel 2 Equipment

 

City Administrator Joe Turner directed the Board to his policy report regarding Channel 2 equipment needs.  Mr. Turner then distributed to the board an updated General Fund Revenue and Expense report, attached to these minutes.  He said that after reviewing these figures, he felt it necessary to recommend discussing the purchase this evening but putting off approval for this equipment until January so we don’t run the General Fund too low. 

 

Anna Jaffe and Mike Horine explained current limited capability of Channel 2 and how the new equipment described in the Channel 2 Master Plan will improve on-air appearance and information display while facilitating programming.  Discussion ensued.  Alderman Rittman asked about the possibility of proceeding with the purchase of two DVD recorders.  He asked Anna and Mike if two wouldn’t be better than just one and they fully agreed.  Mr. Turner said he was sure the budget could support that amount.  Ms. Jaffe reminded the board that this is just the first of many pieces that will be needed.  She said that the Matrox Audience TV system is standard for what government access channels are using and that Professional Video Services have provided a good bid.

 

Gary Worden added that he views the improvements the City is planning for Channel 2 as another important differentiating factor for Parkville’s service to the community.  He described another creative approach to promoting Parkville with a rotating camera that would continually pan the city and Highway 9.  It was noted that this might also have the added benefit of being a crime deterrent.  Mr. Worden said that he thought some funds from the business community might be possible to support this feature. 

 

ALDERMAN RITTMAN MOVED TO APPROVE THE PURCHASE OF TWO DIGITAL VIDEO RECORDER SYSTEMS FOR SUPPORT OF THE CHANNEL 2 IMMEDIATE NEEDS; ALDERMAN ARNOLD SECONDED; ALL AYE BY VOICE VOTE.  MOTION PASSED 6-0.

 

AYES: ALDERMEN RITTMAN, FRIEDMAN, SPORTSMAN, FERGUSON, ARNOLD AND POOLE.

 

City Administrator Joe Turner reviewed a few key items from his task list that included reference to future deer hunts, saying that if dates can be approved in advance for future managed archery hunts, then the Missouri Department of Conservation will commit to be fully responsible for the coordination of the 2005 and 2006 hunts.  He also reported that he is working on a response to the Management Letter we received with the 2003 Audit.  Mr. Turner said that he and Justin Kuder are reviewing the suggestion that the city might return to doing its own sewer billing.  Alderman Rittman asked Mr. Turner to be sure to consult with Alderman McCoy regarding the sewer billing issue because he has done a lot of research on that issue and has information that should be taken into account.

 

Mr. Turner then referred the board to an amendment to the agenda to be considered. 

 

ALDERMAN POOLE MOVED THAT AN AMENDMENT TO THIS MEETING AGENDA, ADDING CONSIDERATION OF A REQUEST FOR APPROVAL FROM FRUIT BY DESIGN, BE APPROVED; ALDERMAN FRIEDMAN SECONDED; ALL AYE, MOTION PASSED 6-0

 

Fruit by Design, 404 East Street, Request for Approval of a Proposed Change of Use and Exterior Improvements in OTD

 

Paul Giarratana reviewed the application for approval of a proposed change of use and exterior improvements in the OTD for a new business in Parkville called Fruit by Design.  Mr. Giarratana then reviewed the related history and community development staff recommendations. 

 

Ms. Gina Weisenborn, the business owner, came forward to address any questions from the board.  She explained that this is a retail business selling edible fruit arrangements.  They will have walk-in business, as well as deliveries and Internet sales.  Alderman Friedman asked about the loading dock arrangements and expressed safety and traffic concerns for Highway 9.  Ms. Weisenborn gave her assurance that the produce truck will not be allowed to block Highway 9 or cause traffic problems.  She said if the size of the produce truck proved to be a problem, they would go and pick up the incoming produce in their own vehicles.  Alderman Friedman also asked about how often the dumpster would be emptied since it will often contain old or rotting fruit.  Ms. Weisenborn said that the trash is currently scheduled to be picked up once a week but they will increase the pick up schedule if any problems or complaints arise.

 

ALDERMAN RITTMAN MOVED TO APPROVE THE REQUEST FOR APPROVAL OF A PROPOSED CHANGE OF USE AND EXTERIOR IMPROVEMENTS IN THE OLD TOWN DISTRICT, FRUIT BY DESIGN, 404 EAST STREET; ALDERMAN POOLE SECONDED; ALL AYE BY VOICE VOTE.

 

COMMUNITY DEVELOPMENT

 

Bills to Accept Parkland from Greenland, Inc. (Lake Pointe Center) and related Request for Construction Easement

 

These two proposed action items were withdrawn from this agenda per request following written request from the applicant.

 

Request from owner, Gary Smith for Voluntary Annexation of Property at 10403 N.W. 57th Street

 

No motion was made, so this request died.

 

PUBLIC WORKS

 

Public Works Director Jeff Rupp introduced Dan Koch, the recently hired Project Manager, who distributed a brief project update attached to these minutes.  Mr. Rupp added that Mr. Koch has already helped him out tremendously.  Mr. Rupp reported on the Main Street project which they knew would run over in cost due to running into a great deal of rock, causing it to run over by $12,000.  Over 50% of the storm sewer installation was in solid rock.  He noted that it is on the current bill-paying ordinance for approval and he intends to hold 10% of the bill for final inspections but almost all of the project is done.  Alderman Poole added that he had received a phone call from resident, Mrs. Evelyn States, commending how well this job was handled and the consideration of the workers when she needed to get her car in and out, as well as the quality of the finished product and clean-up.  Alderman Friedman said that he also drove by the project daily and knew that it was one complicated mess to accomplish.  Alderman Poole also added that they were able to save the tree.  Mr. Rupp said that there were a number of amendments throughout the project that the contractor accommodated and even though the cost for the project ran over, they only charged the actual cost of the overages.

 

Bill to Renew Agreement with Alliance Water Resources

 

Public Works Director Jeff Rupp briefly reviewed the policy report for Renewal of the Alliance Water Resources Agreement.  Alderman Sportsman asked Mr. Rupp if he was satisfied with the level of performance in the past year.  Mr. Rupp said that he was and in fact he believes that the level of service just continues to improve.  Mayor Dusenbery said that she recently talked to a Riss Lake resident who commended Dennae Coquelin (Alliance representative) on the wonderful job she did when emergency repairs were required at her residence.

 

ALDERMAN FERGUSON MOVED THAT BILL C/A 127, AN ORDINANCE AMENDING ORDINANCE C/A 93 TO RENEW THE AGREEMENT WITH ALLIANCE WATER RESOURCES TO OPERATE THE PARKVILLE SEWER PLANT THROUGH DECEMBER 31, 2005, AND TO MAKE SPECIFIED CHANGES BEGINNING JANUARY 1, 2005, BE APPROVED FOR FIRST READING; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL C/A 127 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 C/A 127 BE APPROVED ON SECOND READING TO BECOME ORDINANCE  C/A 127; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 6-0.

 

AYES: ALDERMEN ARNOLD, RITTMAN, FRIEDMAN, SPORTSMAN, FERGUSON AND POOLE.

 

Bill C/A 127 was posted on 12/3/04.

 

Bill to Authorize Agreement with Skip Kincaid and Associates for Tree Inventory

 

Mr. Rupp explained the need and advantages to approving the agreement with SKA for a tree inventory.  Brief discussion ensued.  It was noted that this inventory would help reduce liability issues by identifying dead or diseased trees that need to be addressed.

 

ALDERMAN FERGUSON MOVED THAT BILL C/A 128, AN ORDINANCE AUTHORIZING AN AGREEMENT WITH SKIP KINCAID AND ASSOCIATES (SKA) FOR INVENTORY OF TREES ON PUBLIC RIGHTS OF WAY ALONG MAIN STREET AND TREES IN THE MOWED AND MANICURED AREAS OF ENGLISH LANDING PARK, ADAMS PARK, WATKINS PARK AND THE TRAIN DEPOT, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL C/A 128 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 128 BE APPROVED ON SECOND READING TO BECOME ORDINANCE  C/A 128; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 6-0.

 

AYES: ALDERMEN POOLE, RITTMAN, FRIEDMAN, SPORTSMAN, FERGUSON, AND ARNOLD.

 

Bill C/A 128 was posted on 12/3/04.

 

POLICE CHIEF’S REPORT

 

Chief Hudson said that since he wrote his report to the Board, Parkville had experienced a sudden increase in crime that included a strong-arm robbery, seven larcenies, two property damage incidents, and one aggravated assault.  He also reported that the deer hunt had resulted so far in 4 does and 2 bucks taken.

 

ACCOUNTS PAYABLE

 

ALDERMAN FERGUSON MOVED THAT BILL A-756, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL A-756 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-756 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-756; ALDERMAN SPORTSMAN SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 6-0.

                                                      

Bill A-756 was posted on 12/03/04.

COMMITTEE REPORTS

 

Ad Hoc Ambulance Committee:  The mayor said there is no new report at this time.  Mr. Rittman said that he wanted to go on record that until MAST makes improvement to the ambulance call response times and addresses the placement of station issue, he will absolutely not support any financial support to go to MAST.

The mayor said that she agreed and she wanted to make it clear that no checks would be cut to MAST until we have much further discussion and information on this issue.

 

Note:  Alderman Atkinson returned to the room at approximately 8:29 p.m.

 

Chamber of Commerce/Events:  Mrs. Arnold asked Mr. Rupp to provide update on the Events and Park Rules and Regulations study.  Commendation was made to Jim Brooks for his work on this and John Conrad’s contribution as well.  The mayor asked if there were any questions regarding the recent move to merge the Parks Committee and Tree Board.  He said that Helene Miller is reviewing this to ensure we will continue to meet our Tree City requirements.  He added that North Kansas City just did a merge of all of their park and tree related boards.  The mayor pointed out that there will still be many opportunities for residents to volunteer and serve in this area in the capacity of sub-committees.  It was agreed that further update on this will follow in January.  Meanwhile additional information or questions should be directed to Jeff Rupp and applications for this new board are available until January 7th.

 

Channel 2 and Website:  No report.

 

Community Center:  No report.

 

Financial Report:  Mr. Ferguson referred everyone to the November financial report in the packets.  Brief discussion followed.

 

ALDERMAN FERGUSON MOVED TO APPROVE THE NOVEMBER FINANCIAL REPORT AND MR. TURNER’S INTERIM GENERAL FUND FINANCIAL REPORT AS PUBLISHED; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION PASSED 7-0.

 

Main Street Parkville Association:  Mr. Hutsler reported that the next Main Street meeting will be held the second Tuesday of January at Stone Canyon Pizza because they need more space to hold the meetings.  The mayor said that she knew Kevin Heaton wanted her to attend that meeting to contribute to the discussion on further development and support of Parkville’s downtown and she plans on attending.

 

MARC Smoke-free communities issue:  Mr. Poole referred the board to a draft of a smoking ban ordinance   based on the Kansas City smoking ban ordinance but reworded to fit Parkville.  Mr. Poole also pointed out that passing of this health-related ordinance could easily be compared to the seat belt laws that initially were resisted but are now recognized to be important laws that save lives.

 

Mr. Rittman also commented on a smoking ordinance he had submitted for review that was enacted in Springfield, Missouri earlier this year.  Mr. Rittman added that he and Mr. Poole are not competing against each other regarding this issue; he just wants us to do what is best for our community.  Mr. Poole said he appreciated Mr. Rittman’s submission but after reviewing the Springfield ordinance he thought there were a number of inconsistencies there.  He stressed that it always will be a health issue first and any drawbacks as an economic issue can be overcome. 

 

The mayor said she felt we need a workshop on this and in fact will need to schedule a number of topic workshops for the year of 2005.

 

Nature Sanctuary:  No report.