Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

January 18, 2005

 

CALL TO ORDER at 6:03 p.m. in Administrative 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                -    Absent with prior notice

Ward 3 Alderman Marvin Ferguson                -    Present

Ward 3 Alderman Linda Arnold                     -    Present

Ward 4 Alderman Marc Sportsman                -   Absent with prior notice

Ward 4 Alderman Brian Atkinson                              -   Arrived at 6:30 p.m.

 

Also present at Executive Session:  Mayor Dusenbery

                                                         Eric Zahnd, Mark Gibson for Platte County,

                                                         Chief Bill Hudson

                                                         Judge Sandra Ferguson

                                                         Lt. John Moyer

                                                         City Administrator Joe Turner

                                                         City Clerk Barbara Lance

                                                         Assistant City Clerk Claudia Willhite

                                                         

EXECUTIVE SESSION to discuss litigation per RSMo 610.021(1)

 

ALDERMAN POOLE MOVED TO ADJOURN INTO EXECUTIVE SESSION TO DISCUSS

LITIGATION MATTERS UNDER THE AUTHORITY OF RSMO 610.021 (1); ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED 6-0. 

 

Discussion ensued.

 

ALDERMAN McCOY MOVED TO RETURN TO OPEN SESSION IN THE BOARDROOM; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED 7-0.

 

ALSO PRESENT at BA MTG:    City Administrator Joe Turner

                                                            Police Chief Bill Hudson

Police Lt. John Moyer

                                                            Public Works Director Jeff Rupp

                                                            Community Development Director Sean Ackerson

                                                            Sr. Inspector Paul Giarratana

                                                            Project Manager Dan Koch

                                                            City Attorney Jack Campbell

                                                            Tony Borchers, Deborah Butcher, Tom Hutsler, Harry Sievers

                                                            Scott Ritchie, Lex Cameron, Dick Forshoe, Robert Fitzgerald,

                                                            Gary Worden, Sandra Kerns, Al Rower, Doug Bias, Jr.

                                                            Assistant City Clerk Claudia Willhite

                                                            City Clerk Barbara Lance

MEDIA PRESENT:    Joe Gleason for Channel 2

                                                            Nancy Jack for Parkville Luminary

                                                            Kara Cowie for KC Star

                                                            Bill O’Malley for Platte Landmark

                                                            Mike Horine and Anna Jaffe for Channel 2

 

REVIEW OF MINUTES

 

ALDERMAN FERGUSON MOVED TO APPROVE THE MINUTES OF THE JANUARY 6, 2005 BOARD OF ALDERMEN MEETING AS PUBLISHED; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED 7-0.

CITIZEN INPUT

 

Request for Approval to Hang Banner for Passport to Parkville

 

Sandy Shaw and Winnie Wang addressed the board with their request for approval to hang a banner to promote the ”Passport to Parkville” event scheduled for January 21.  The board approved the request 6-0.  Alderman Rittman abstained due to his relationship with the Spellman Medical Foundation that will benefit from the proceeds of this special event.

 

Update on Main Street Association Restructuring

 

Due to the length of the agenda, Tom Hutsler requested to postpone this presentation until the next meeting.

 

Liquor license application for Kelso’s to sell beer and light wine.

 

Liquor license application for Kelso’s to sell beer and light wine was reviewed by the board.  Brief discussion followed.

 

ALDERMAN ATKINSON MOVED TO APPROVE THE APPLICATION FROM KELSO’S TO SELL BEER AND LIGHT WINE, ALDERMAN FERGUSON SECONDED, ALL AYE, MOTION CARRIED 7-0.

MAYOR’S REPORT

 

Mayor Dusenbery requested approval to accept an amendment to the published agenda to allow consideration of a request from Mike Newburger to hold a National Volvo event in Parkville.

 

ALDERMAN ATKINSON MOVED TO ACCEPT THE AMENDED AGENDA, ALDERMAN ARNOLD SECONDED, ALL AYE, MOTION CARRIED 7-0.

 

Request to hold 2005 National Volvo Meet in Parkville

 

Mike Newburger provided details regarding the proposed Volvo Meet that his group is requesting to hold in Parkville on September 17, 2005.  The Meet will involve approximately 100 – 150 cars of varied vintages and there will be a judging event.  Public Works Director Jeff Rupp said that he and John Conrad have met with Mr. Newburger to review the details and Ballfield 1 in English Landing Park is available and appropriate to accommodate this request.  Alderman Friedman asked about a limit on the number of cars that register for the event.  Mr. Newburger said that he doubted that the figures would exceed what has been projected but he could coordinate the process to insure that it will be limited to 100 – 150 Volvos. 

 

ALDERMAN FRIEDMAN MOVED TO APPROVE THE REQUEST TO HOLD THE NATIONAL VOLVO MEET IN PARKVILLE ON SEPTEMBER 17, 2005, ALDERMAN FERGUSON SECONDED, ALL AYE, MOTION CARRIED 7-0.

 
Downtown Lighting – Report by Paul Giarratana

 

Sr. Building Inspector Paul Giarratana gave a detailed report that included a slide show showing existing problems with the current electrical system used for the holiday lighting in the OTD area.  A paper copy of this presentation will be on file with these minutes.  Mr. Giarratana provided an estimate annual cost for 3,500 lamps based on $.87 per hour. He noted the estimates that follow do not include any installation or maintenance costs and they are: six hours per day for $1,902 per year; eight hours per day for $2,536 per year and twelve hours per day for $3,804 per year, 

 

Discussion ensued.  Neil Davidson concurred with Mr. Giarratana’s report and said that his prior estimate on this cost had a math error that caused his estimate to be too low.  Based on the information provided in this report and the grand total of approximately $26,000 for all the electric work, panel replacements, bulbs and related installation costs, in addition to the annual electricity bill of approximately $3,500 per year, it was determined this is an non-budgeted item that the city can not commit to take on.  Mayor Dusenbery said that she has explained to the Main Street Association that this is not an expense in the city’s approved 2005 budget.  She asked the board if they had any additional comments or questions.  There were none.  The mayor stressed that the city was not against this lighting proposal but the city can only offer to possibly help with expertise and labor, and would not be able to help financially in 2005.  The mayor thanked Mr. Giarratana and Neil Davidson for all their research on this matter and asked the Main Street Association to review the issue for what they might be able to do collectively to accomplish the year-round lighting goal.

 

Northland Chamber of Commerce Marketing Event in Jefferson City

 

The mayor referred the board to a proposed plan summary drafted by Barbara Lance for the City of Parkville to participate in the Northland Chamber of Commerce marketing exhibit in Jefferson City scheduled for April 18, 2004. 

 

ALDERMAN ATKINSON MOVED TO APPROVE THE REQUEST TO PARTICIPATE IN THE NORTHLAND CHAMBER OF COMMERCE MARKETING EVENT IN JEFFERSON CITY ON APRIL 18, 2005, ALDERMAN POOLE SECONDED, ALL AYE, MOTION CARRIED 7-0.

 

CITY ADMINISTRATOR’S REPORT

 

City Attorney Jack Campbell informed the board of a decision rendered in our favor regarding the lawsuit on the APEX Plaza development that challenged our zoning procedures.  The mayor asked Mr. Campbell to check and report back to the board on how much this lawsuit costs the city.

 

City Administrator Joe Turner reviewed his policy report regarding the ordinance for approval of the neighborhood improvements to the National Southside area.  Mayor Dusenbery commented on the dramatic improvement this will make to traffic flow on Crooked Road. Tony Borchers was available to answer any questions or concerns.  Mr. Borchers added that this agreement would not in any way, usurp the city’s power or authority to review and inspect improvements made within the City of Parkville for this project funded by support from Platte County. 

 

Bill to Approve Agreement re National Southside N.I.D. 

 

ALDERMAN FERGUSON MOVED THAT BILL C/A 130, AN ORDINANCE APPROVING AGREEMENT WITH PLATTE COUNTY FOR THE NATIONAL SOUTHSIDE N.I.D., BE APPROVED FOR FIRST READING; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL C/A 130 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 130 BE APPROVED ON SECOND READING TO BECOME ORDINANCE  C/A 130; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 7-0.

 

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

 

Bill C/A 130 was posted on 01/14/05.

 

Request for Approval to purchase Channel 2 Equipment 

 

Joe Turner reviewed the request for board approval to proceed with the Channel 2 equipment purchase as submitted in the approved Channel 2 Master Plan.  Brief discussion followed.  Gary Worden said he would look at the options for potential funds from various PCDC sources to install a microwave that would allow roving camera filming with a view of the City of Parkville.  Anna Jaffe said that she and Mike Horine will perform an assessment of what this would require as soon as weather and schedule will allow.  Alderman Rittman asked that they also consider provision for capacity to do live broadcasts from the field. 

 

ALDERMAN ATKINSON MOVED TO APPROVE THE REQUEST TO PROCEED WITH THE CHANNEL 2 EQUIPMENT PURCHASE, NOT TO EXCEED $8,000, ALDERMAN RITTMAN SECONDED; ALL AYE, MOTINO PASSED 7-0.

 

Bill to Authorize Mayor to sign maintenance contract with E & M Precast

 

Mr. Turner explained that this is a small recurring maintenance contract that is presented in ordinance form as done in the past.

 

ALDERMAN FERGUSON MOVED THAT BILL C/A 131, AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN A MAINTENANCE CONTRACT WITH E&M PRECAST FOR THE SEWER JET AERATION SYSTEM AT THE STREET BARN, BE APPROVED FOR FIRST READING; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL C/A 131 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 131 BE APPROVED ON SECOND READING TO BECOME ORDINANCE  C/A 131; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 7-0.

 

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

 

Bill C/A 131 was posted on 01/14/05.

 

Memo re Work Sessions scheduled 

 

Joe Turner reviewed his memo regarding two scheduled work sessions, one for January 25th to discuss City Hall Improvements and space needs analysis with WSKF and the other one on February 7th to discuss the Smoke-free Issue.  Alderman Rittman pointed out that Platte County is having a public meeting on January 25th regarding traffic problems and proposed solutions for Barry Road and I-29 that causes a schedule conflict for anyone wanting to attend both.  Discussion followed and it was agreed by all to move the January 25th work session to Monday, January 24th. 

 

COMMUNITY DEVELOPMENT

 

Public Hearing to consider an application to rezone land at Hwy 45 & Brink-Myer Rd.

 

Community Development Director Sean Ackerson reviewed details submitted in his policy report for the issue of rezoning approximately10.47 acres located at Highway 45 and Brink-Myer Road from Platte County P-1 and C-H to Parkville B-2.   He pointed out that this is coming before the board as a public hearing.  The first public hearing was presented before the Planning Commission on December 14, 2004.  (Note: A copy of application summary and all supporting documentation, map and application history is on file with the approved ordinance in the city clerk’s office). 

 

The applicant, Mr. Farley, Vertical Ventures, noted that the Platte C-H and Parkville B-2 are very similar zoning and this is just the first step to any development proceeding in that area.

 

The mayor then opened the public hearing regarding application to rezone land at Hwy 45 & Brink-Myer Road.

 

Scott Ritchie, a resident of unincorporated Platte County, requested that the process regarding such zone changes be improved.  He stated that a preliminary plan should be required prior to any rezoning approval.  Mr. Ritchie requested to have the issue tabled tonight until more information is available such as lighting concerns, privacy remaining for homes affected and traffic/speed limit issues.

 

Lex Cameron, a homeowner who lives close to the development area being discussed, suggested that International Dark Sky regulations should apply.  He said he was concerned with the truck noise this development might bring. 

 

Dick Forshoe echoed similar concerns regarding traffic, lighting, and noise.  Mr. Forshoe requested to table the issue until full cooperation from MODOT is received.

 

Mr. Farley, the applicant, said there absolutely would not be a truckstop in this development.  He added that until a final plat can be determined, there really isn’t anything to discuss in a full neighborhood meeting.

 

The mayor closed the public hearing.

 

ALDERMAN FERGUSON MOVED THAT BILL 2195, AN ORDINANCE REZONING 10.47 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 45 A.K.A. TOM WATSON PARKWAY AND BRINK-MYER ROAD FROM PLATTE COUNTY P-1 AND C-H TO PARKVILLE B-2 (GENERAL BUSINESS), BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL 2195 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 2195 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2175; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 7-0.

 

AYES:  ALDERMEN RITTMAN, FRIEDMAN, POOLE, FERGUSON, ATKINSON, McCOY AND ARNOLD

 

Bill 2195 was posted on 1/14/05.

 

Sign permit for Pride Cleaners (B-4)

 

Following brief discussion on the sign permit requested by Pride Cleaners, ALDERMAN POOLE MOVED TO APPROVE SIGN PERMIT AS REQUESTED BY PRIDE CLEANERS WITH THE STIPULATION THAT PARKVILLE COMMONS HAS APPROVED THE SIGN AND ILLUMINATION PERIOD WILL BE A MAXIMUM OF 5 AM TO MIDNIGHT; ALDERMAN ARNOLD SECONDED; ALL AYE, MOTION CARRIED 7-0.

 

Request for approval of Car Wash by S & O Development

 

Sean Ackerson reviewed his staff report on the application submitted by S & O Development and RD&H LLC requesting approval of a proposed change of plan and use in a “B-4” district to allow for Parkville Commons Carwash at the SW corner of 63rd Street and Highway 9.  (Said report is attached to official minutes on file.)  Mr. Ackerson reported that the proposed plan does match the design of other Parkville Commons buildings and landscaping in this design exceeds the requirements.  He then reviewed a communication (also attached to these minutes on file) from Jay Norco, Shafer, Kline & Warren, Inc., regarding their review of the preliminary site plan for this car wash.  Public Works Director Jeff Rupp said that he shares the concerns expressed by SKW, especially regarding the oil separator.  Alderman Rittman asked if the carwash will generate any significant sales tax revenue and Darrell Parrish, RDH, LLC confirmed that it would not. 

 

ALDERMAN FRIEDMAN MADE A MOTION TO TABLE THIS REQUEST UNTIL A FUTURE MEETING WHEN MORE OF THE OUTSTANDING QUESTIONS AND CONCERNS CAN BE ADDRESSED; ALDERMAN ATKINSON SECONDED, ALL AYE, MOTION CARRIED.

 

A request then came from several people in the audience for opportunity to express their views and concerns about this specific application.  Discussion ensued.  As a point of order, the issue was then removed from the table to allow concerned citizens to speak.

 

ALDERMAN FRIEDMAN MOVED TO REMOVE THE ISSUE FROM THE TABLE, ALDERMAN ARNOLD SECONDED, ALL AYE, MOTION CARRIED.

 

Sandra Kerns said she especially wanted to speak while city attorney, Jack Campbell was still there because she had serious doubts about the interpretation of zoning for that area that he might need to research.  She added that a couple of years ago there was a similar application requesting approval for a car wash in that area that was denied due to zoning issues.  She added that this would add to existing flooding problems on 63rd Street and quality of life issues for nearby residents.

 

Al Rower said he wanted to point out that the original shopping center approval did not include a car wash.  Mr. Rower expressed traffic concerns and how long lines waiting to use the car wash would be addressed.

 

Scott Ritchie expressed safety concerns about potential chemical spills, ignitable items and proper exits.

 

Doug Bias Jr. shared his opposition based on concerns for the safety of children in the neighborhood due to the increased traffic this will bring and the school bus stopping on Highway 9.  He also shared concerns regarding added noise pollution from the high-pressure blowers.

 

Brief discussion followed and it was agreed that more time is required to study the request and for the applicant to reply to the neighborhood concerns.

 

ALDERMAN FRIEDMAN MOVED TO RETABLE THE ISSUE, ALDERMAN ARNOLD SECONDED, ALL AYE, MOTION CARRIED 7-0.

 

PUBLIC WORKS

 

Bill to authorize Amendment to Municipal Code Chapter 150 (to allow merging of Tree Board, Parks Committee and Events Committee)

 

Public Works Director Jeff Rupp reviewed his report on the proposed bill to authorize an amendment to Municipal Code Chapter 150.  This will allow the merging of the current Tree Board, Parks Committee and Events Committee.  Mr. Rupp pointed out that since the packets were distributed, it has been recommended that it would be wiser to establish this new board as a 9-member board from the start.  This would change the number of 1-year commissions from 2 members to 4 members.  Discussion followed. 

 

ALDERMAN FRIEDMAN MOVED TO TABLE THE ISSUE UNTIL THE DISCUSSED REVISIONS CAN BE MADE AND BROUGHT BACK TO THE BOARD AT THE FEBRUARY 1ST MEETING, ALDERMAN ARNOLD SECONDED, ALL AYE, MOTION CARRIED 7-0.

 

POLICE DEPARTMENT REPORT

 

Chief Hudson stated that it’s occurred to him after three hours into the meeting, to ask Barbara Lance if it’s possible in the future to draw straws for placement on the agenda. 

 

He provided update on recent auto thefts all over the area.  With cooperation of the victims and Platte County law enforcement as well as investigation by Parkville officers that included dumpster diving, most of the stolen property has been recovered and charges have been made.

 

Deer Hunt Update

 

Future deer hunt dates must be decided by mid-February.  Chief Hudson’s recommendation was for November 5th –11th  .  He pointed out that is a time of higher deer activity and while school is still in session.  The second time frame he recommended was January 3rd through the 8th 2006.  The total of deer taken during the recent deer hunt was 13, three bucks and seven does from the Nature Sanctuary and two bucks and one doe from Park University.

 

ALDERMAN FRIEDMAN MOVED TO ACCEPT THE RECOMMENDED DATES OF NOVEMBER 5-11, 2005 AND JANUARY 3-8, 2006 FOR THE NEXT SCHEDULED ARCHERY DEER HUNT, ALDERMAN RITTMAN SECONDED, ALL AYE, MOTION CARRIED 7-0

 

Bill to authorize Platte County Emergency Operations Plan

 

Chief Hudson explained the need for approval of the bill to authorize adoption of the Platte County Emergency Operations Plan submitted in the packets tonight.  He noted that this is an important tool for dealing with emergencies and an officially adopted emergency plan is a requirement for national and state assistance in disasters and emergencies.  

 

ALDERMAN FERGUSON MOVED THAT BILL 2196, AN ORDINANCE APPROVING ADOPTION OF THE PLATTE COUNTY EMERGENCY MANAGEMENT PLAN, ADDING CHAPTER 201 TO THE PARKVILLE MUNICIPAL CODE, CREATING A PARKVILLE EMERGENCY MANAGEMENT AGENCY; NAMING THE CITY ADMINISTRATOR AS THE DIRECTOR OF THE PARKVILLE EMERGENCY MANAGEMENT AGENCY; AND AMENDING RESOLUTION 99-7-1 TO ALLOW EMERGENCY PURCHASES BY ANY DESIGNEE OF THE DIRECTOR OF THE PARKVILLE EMERGENCY MANAGEMENT AGENCY, BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL 2196 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 2196 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2176; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 7-0.

 

AYES:  ALDERMEN RITTMAN, FRIEDMAN, POOLE, FERGUSON, ATKINSON, McCOY AND ARNOLD

 

Bill 2196 was posted on 1/14/05.

 

ACCOUNTS PAYABLE A-758

 

ALDERMAN FERGUSON MOVED THAT BILL A-758, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL A-758 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN ATKINSON SECONDED; ALL AYE; MOTION CARRIED.

 

ALDERMAN FERGUSON MOVED THAT BILL A-758 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-758; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 7-0.

                                                                                                        

Bill A-758 was posted on 1/14/05.

 

COMMITTEE REPORTS

 

Ad hoc Ambulance Committee (Mayor Dusenbery) – Mayor Dusenbery reported she will be discussing ambulance issues at the Mayors’ Meeting on the 26th.

 

Chamber of Commerce/Events (Mrs. Arnold) – Reminder was given by Mrs. Arnold of the Business after Hours event Thursday evening 5-7 at HMS Beagle Science Store and the Business over Breakfast at Nick & Jakes at 7:30 a.m. on January 28th.

 

Channel 2 and Website (Mr. Atkinson) – No report.

 

Community Center (Mr. Sportsman) – No report.

 

Financial Report (Mr. Ferguson) – No report.

 

Main Street Parkville (Mr. Rittman) – Deferred until next meeting.

 

MARC Smoke-free Communities issue (Mr. Poole) – Reminder of work session at 7:00 p.m. on February 7th at city hall.

 

Nature Sanctuary (Mr. McCoy) – Deferred until next meeting.

 

Parks (Mr. Poole) – No report.

 

Planning (Mr. Ferguson) – No report.

 

                       

ADJOURNMENT

 

ALDERMAN ATKINSON MOVED THAT THE MEETING ADJOURN; ALDERMAN POOLE SECONDED, ALL AYES; MOTION CARRIED 7-0.

 

The meeting adjourned at approximately 9:58 p.m.

 

 

 

Submitted by: _______________________________________

                        Assistant City Clerk Claudia Willhite  - 1/28/05