Regular Meeting
BOARD OF ALDERMEN
CITY OF PARKVILLE, MISSOURI
June 21, 2005
These minutes should be regarded as a draft until they are approved at the next meeting.
The meeting was preceded by a POPNA (Parkville Original Neighborhood Association) meeting from 6:00 to 6:40 meeting in the Board Room, and by an executive session to discuss real estate and litigation in the Administrative Conference Area, under authority of RSMo 610.021 (1) and (2), from 6:45 to 7:30 p.m.
Mayor Pro Tem called the meeting to order at 7:40, announcing that Mayor Kathy Dusenbery was unable to attend because of illness. He said there was nothing to report coming out of executive session. All aldermen were present for the executive session, plus City Administrator Joe Turner, City Attorney Jack Campbell, Director of Public Works Jeff Rupp, Community Development Director Sean Ackerson, Project Manager Dan Koch, and Assistant City Clerk Claudia Willhite.
Ward 1 Alderman Jack Friedman - present
Ward 1 Alderman Deborah Butcher - present
Ward 2 Alderman David McCoy - present
Ward 2 Alderman Dave 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: All above
Senior Building Inspector Paul Giarratana
Officer Eric Sligar and Mrs. Sligar
City Clerk Barbara Lance
Ward 1 Residents:
Maria Sprague
Jeff Jones
Steve Huey for POPNA
Tom Hutsler
Gary Worden
Steve and Karen Rapp
Virginia and George Kaneaster
Evelyn States
Jim Brooks
Other residents
JoAnn Radetic, Missouri DNR, Historic Preservation Office
MEDIA PRESENT: Nancy Jack for Parkville Luminary
Martha Zirschky for Platte Dispatch
Kim Bui for Kansas City Star
Bill O'Malley for Platte Landmark
ALDERMAN ATKINSON MOVED TO APPROVE THE MINUTES OF MAY 17th AS PUBLISHED; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED 8-0.
Minutes of June 7th will be considered at the next meeting.
ALDERMAN FRIEDMAN MOVED TO APPROVE BILL 2221, PROMOTION OF ERIC SLIGAR TO SERGEANT, FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED TO APPROVE BILL 2221 ON FIRST READING AND PASS IT TO SECOND READING BY TITLE ONLY; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED TO APPROVE BILL 2221 ON SECOND READING TO BECOME ORDINANCE 2201; ALDERMAN ARNOLD SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill 2221 was posted June 18, 2005.
Mr. Friedman said POPNA has shown it wouldn't cost the City anything to become a Certified Local Government (CLG) nor any money to withdraw from that status. He believed this would be a good start to put together a proposal that would preserve the ambience and the feel of old town Parkville.
ALDERMAN FRIEDMAN MOVED TO SUPPORT THE CONTINUED STUDY AND
INVESTIGATION INTO THIS MATTER.
Mr. Sportsman said before they entertained a motion it would be good to hear from others who felt strongly for or against the proposal.
Mr. Rittman said he'd like to hear from those living in the 160 homes designated as being within the POPNA area who haven't been heard yet. He'd like to know that the majority of those people are in favor of moving forward on this. Mr. Friedman said efforts have been made to contact every one of those people, and many of them were present. .
Mr. Atkinson asked about the appeals process. Mr. Friedman said that would be in the proposal to be presented to the Board of Aldermen.
Mr. Ferguson stressed that this vote tonight didn't mean this was going to happen or not happen, but just whether or not to proceed with research and study of the issue.
Speaking in favor of the resolution to move forward on this issue were the following residents: Maria Sprague; Karen Rapp (who is not sure whether her home is in the designated district); Gary Worden, who is in favor of more study within the context of the Master Plan, and asked that the present codes be enforced.
Speaking against moving forward were the following: Jeff Jones, resident of the POPNA area, and Pat Fogarty, who owns rental property in the area.
Mr. Rittman wanted to know more about the Certified Local Government program and if that's what residents really want. The resolution does not say "for further review," he said, but indicates it's supporting CLG status. He wanted further information on that aspect. Mr. Friedman said the proposal is to find out more about CLG, and it's unfair to ask the people who are working on this to provide additional effort without having the City's support (i.e., as laid out in the suggested resolution).
Mr. Sportsman said on the surface he's for the CLG, but doesn't know enough about it. He supports more research, but not going ahead with the CLG at this point. He wants to know more about the City's involvement and the amount of staff time this program would necessitate.
Mr. Atkinson echoed Mr. Sportsman's feelings, and mentioned again the appeals process and the defense process and expense.
QUESTIONS:
Annette Hagen, owner of rental property at 500 East Street, asked if everyone in the designated area had to belong to POPNA. Mrs. Butcher asked Mr. Ackerson to share the property owners' list with POPNA. Ms. Hagen asked for a survey of those in the area to learn how each of them feels. She asked if homeowners took issue with some of the guidelines and the matter ended up in court, where does the money come from to defend the issue?
Mr. Sportsman asked how commissioners for the Certified Local Government would be elected. Ms. Radetic said generally the ordinance establishing the CLG would state that a certain number of commissioners would be appointed by the mayor and approved by the Board of Aldermen.
Mr. Jones suggested sending out flyers that could be returned telling property owners' feelings about the matter.
Mrs. Butcher said something needs to be done to prevent replacing historic homes which are destroyed (by fire, etc.). with modern dwellings. She spoke in favor of the motion to move forward. She said people in The Bluffs told her what happens in this area has an effect on their property as well.
Mr. Sportsman asked why some cities had considered but decided against becoming CLG cities. Ms. Radetic said they decided not to pursue it. Thirty-seven cities are certified. One community became decertified because its Preservation Commission stopped meeting and no new commissioners were appointed. The city just decided to let it go. Now they're re-applying. As for the communities that looked into it and didn't choose to do it, they just decided that what they were already doing was fine.
Mr. Ackerson said they were spending staff time on this, and put some items in front of them to find out the level of support. He said the meeting on the 31st focused on whether we should support "it" or not, without defining "it."
ALDERMAN McCOY MOVED TO SUPPORT FURTHER STUDY, TO SPECIFICALLY ADDRESS SOME OF THE QUESTIONS RAISED HERE TONIGHT, AND THAT THE PROGRAM BE MORE SPECIFICALLY DEFINED; ALDERMAN RITTMAN SECONDED; MOTION CARRIED 7-1, WITH MR. FRIEDMAN VOTING NO.
This license was to allow Café Cedar to set up about seven tables on the existing red brick area to the north and northwest of its building for outdoor service on Tuesday nights through the end of September. Mr. Hutsler stepped forward to explain the request, as there was no representative of Café Cedar present.
ALDERMAN ATKINSON MOVED TO APPROVE THE REQUEST; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED 8-0.
Mr. Hutsler gave an update of the events from June 30th-July 4th, attached hereto.
Grant Gould of Troop #1433 came forward and said he is working on his Communications Merit Badge, required for Eagle Scout status.
John Groathaus, Section Chief for Plan Formulation for the United States Army Corps of Engineers, was introduced by Mr. Rupp. He said the problem is extreme lateral erosion on Rush Creek, now working up White Alloe Creek as well. A copy of Mr. Rupp's memo detailing the problem and the proposed solution is attached to these minutes. He said the money would come out of the 2004 Capital Improvements Tax Levy.
ALDERMAN SPORTSMAN MOVED THAT THE TREASURER BE DIRECTED TO EARMARK THE SUM OF $724,000 FOR THIS PROJECT; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED 8-0.
Mayor Pro Tem Ferguson read the proclamation authorizing resident Carolyn Elwess to sound her cannon on any occasion for which permission had been granted by the chief of police.
ALDERMAN FRIEDMAN MOVED TO APPROVE THE PROCLAMATION; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.
Discussion regarding the American Legion's offer to rent restroom facilities to the City for visitors was tabled.
Retreat for Elected Officials and Department Heads. Mr. Turner said the retreat will be held around the Board of Aldermen meeting on July 5th, from 5-9 p.m. with a recess at 7 p.m. to address emergency items on the agenda for the regular meeting. He asked aldermen to consider the ordinance contracting with MARC (Mid-America Regional Council) to facilitate this retreat.
ALDERMAN FRIEDMAN MOVED TO APPROVE BILL C/A 149, AUTHORIZING A CONTRACT WITH MARC FOR FACILITATION OF A RETREAT, FOR FIRST READING; ALDERMAN ATKINSON SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL C/A 149 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL C/A 149 BE APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 149; ALDERMAN McCOY SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill C/A 149 was posted 6/18/05.
City Administrators Meeting in Minnesota. Mr. Turner asked permission to attend this conference in September. Cost would be $1,689.
ALDERMAN McCOY MOVED TO APPROVE JOE TURNER'S ATTENDANCE AT THE SEPTEMBER MEETING IN MINNESOTA; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.
Mr. Campbell noted this ordinance came before the Board at the last meeting. He made the following points:
Mr. Atkinson asked about meetings discussing the new rules, and Mr. Ackerson said he had a record on a DVD which would be made available for those who missed the meetings.
ALDERMAN McCOY MOVED TO APPROVE FOR FIRST READING BY TITLE ONLY BILL 2222, AN ORDINANCE TO CREATE A CODE OF ETHICS TO ESTABLISH A MUNICIPAL OFFICIALS ETHICS COMMISSION, TO REAFFIRM A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS FOR CERTAIN OFFICIALS AND EMPLOYEES AS FIRST ESTABLISHED BY ORDINANCE NO. 1238 AND REAFFIRMED BY ORDINANCES 1338, 1451, 1528, 1604, 1669, 1744, 1897, 2010, 2074, AND REPEALING EACH OF THE NAMED ORDINANCES AS A RESULT OF INCORPORATING IN THIS ORDINANCE ALL PROVISIONS RELATING TO DISCLOSURE OF CONFLICTS OF INTEREST; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED TO APPROVE BILL 2222 ON FIRST READING AND PASS IT TO SECOND READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED TO APPROVE BILL 2222 ON SECOND READING TO BECOME ORDINANCE 2202; ALDERMAN McCOY SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill 2222 was posted 6/18/05.
Adopting 2003 Building Codes. Mr. Giarratana said they had two meetings to which they invited the public and builders. He explained changes in the codes.
ALDERMAN SPORTSMAN MOVED THAT BILL 2223, ADOPTING THE 2003 INTERNATIONAL FAMILY OF BUILDING CODES, BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2223 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2223 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2203; ALDERMAN RITTMAN SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 8-0.
Bill 2223 was posted 6/18/05.
Christmas Lights. Mr. Giarratana reported on the findings of the Community Development Department regarding downtown Christmas lights. A memo from Director Sean Ackerson is attached to these minutes. Much discussion ensued, with input from Main Street representative Tom Hutsler and from Parkville businessman Gary Worden. The consensus was to turn off the lights now. Further discussion will be held.
Appointments to Planning Commission and Board of Zoning Adjustments.
ALDERMAN ATKINSON MOVED TO TABLE THESE ITEMS UNTIL THE JULY 5th MEETING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.
Amending text to Title IV of the Parkville Municipal Code.
ALDERMAN FRIEDMAN MOVED THAT BILL 2224, AMENDING TEXT IN TITLE 4 OF THE PARKVILLE MUNICIPAL CODE, BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2224 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2224 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2204; ALDERMAN McCOY SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 8-0.
Bill 2224 was posted 6/18/05.
Exterior changes to The Skillet, Parkville Chicken & Fish House.
ALDERMAN FRIEDMAN MOVED THAT THE REQUEST TO MAKE CHANGES TO THE EXTERIOR OF THE SKILLET AT 2 SECOND STREET BE APPROVED; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.
Approval of alternate parking plan for Lot 19 in the Bell Road Industrial Park. Much discussion ensued on this request, focusing on what would happen if a subsequent tenant wanted to move in there and the parking was inadequate. Property owner Pat Kelly and prospective tenant Michael Wray, owner of Rad Sources Imaging Technologies, were present. Mr. Wray explained the nature of the business and why minimal parking is needed. Mr. Kelly said he fully understood that he would not be able to move a business with additional parking needs into the building.
The document provided by the Community Development Department, including diagrams, is enclosed.
ALDERMAN ATKINSON MOVED TO APPROVE THE ALTERNATE PARKING PLAN CONTINGENT UPON THE FACT THAT THE OWNER OF THE PROPERTY WILL HAVE TO RETURN TO THE BOARD OF ALDERMEN FOR ANY NEW OCCUPANCY, WHICH SHALL BE SUBJECT TO THE LIMITATIONS IMPOSED BY THIS PLAN; ALDERMAN ARNOLD SECONDED; MOTION CARRIED 7-1, WITH ALDERMAN McCOY VOTING NO.
Vacation of utility easement at Parkville Self-Storage.
ALDERMAN FRIEDMAN MOVED THAT BILL 2225, VACATING A UTILITY EASEMENT AT PARKVILLE SELF-STORAGE, BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2225 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2225 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2205; ALDERMAN SPORTSMAN SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill 2225 was posted 6/18/05.
Vacation of sanitary sewer easement in 4th Plat of The National.
ALDERMAN FRIEDMAN MOVED THAT BILL 2226, VACATING A SANITARY SEWER EASEMENT IN THE 4TH PLAT OF THE NATIONAL, BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2226 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL 2226 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2206; ALDERMAN RITTMAN SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill 2226 was posted 6/18/05.
Approval of sign permit for HealthSouth in Parkville Commons.
ALDERMAN ATKINSON MOVED THAT SIGNAGE FOR HEALTHSOUTH IN PARKVILLE COMMONS BE APPROVED AS SUBMITTED; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED 8-0.
Contract with Buford Survey for survey of trail in English Landing Park. Mr. Rupp had enclosed a memo reporting that Burlington Northern & Santa Fe has raised the possibility of laying a second track through English Landing Park. He asked the Board to approve a contract to survey the land to see what problems might arise.
ALDERMAN FRIEDMAN MOVED THAT BILL C/A 150, CONTRACTING WITH BUFORD SURVEY FOR A SURVEY OF THE PARK TRAIL IN ENGLISH LANDING PARK, BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL C/A 150 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL C/A 150 BE APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 150; ARNOLD SPORTSMAN SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill C/A 150 was posted 6/18/05.
White Alloe parking lot project. Mr. Rupp said the cul-de-sac at the terminus of the parking lot is oversized and nearly encroaches the top of the White Alloe creek bank. His memo with diagram shows the problem. He suggested reducing the size of the cul-de-sac to 39" radius.
ALDERMAN ATKINSON MOVED TO REDUCE THE RADIUS OF THE CUL-DE-SAC AT THE WHITE ALLOE PARKING LOT TO 39"; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED 8-0.
Paving of alley between 4th and 5th Streets. Mr. Rupp said this had needed doing for several years but had been removed from the priority list each year. He thought if it were combined with a job being done it would cost less. A similar job is in progress.
ALDERMAN FRIEDMAN MOVED THAT BILL C/A 151, CONTRACTING WITH McCONNELL & ASSOCIATES TO PAVE THE ALLEY BETWEEN 4TH & 5TH STREETS, BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL C/A 151 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL C/A 151 BE APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 151; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED 8-0.
Bill C/A 151 was posted 6/18/05.
Chief Bill Hudson reported that Sergeant Jon Jordan responded to a snake bite incident at the site of a house under construction of The National. A worker picked up the snake (consensus was that it was a rattlesnake), and it bit him. He insisted on driving himself to the emergency room at the hospital, although the sergeant and others strongly recommended calling MAST. There was no further report on his condition.
Train Horn Warning System. Resident George Kaneaster asked for an update on this matter, and said he was opposed to it. He said he would not pay his taxes if they were going to be used for the system. Mayor Pro Tem Ferguson said no decision has been made on this. Mr. McCoy said they had asked for the charts enclosed in the packets (and attached to these minutes) so they would have more information on which to base a decision.
Mr. Kaneaster's wife, Virginia Ground Kaneaster, came to the podium and echoed Mr. Kaneaster's remarks, asking the Board to think about this carefully before they decide what to do.
Mr. Ferguson thanked them both for coming.
ACCOUNTS PAYABLE
ALDERMAN FRIEDMAN MOVED THAT BILL A-768, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL A-768 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FRIEDMAN MOVED THAT BILL A-768 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-768; ALDERMAN ARNOLD SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.
Bill A-768 was posted 6/18/05.
AMBULANCE: Mr. Rittman said he, Mayor Kathy Dusenbery and Alderman McCoy met with MAST. It was a very productive meeting. They will be working on solutions. MAST provided written reports on questions raised by the other ambulance company. Mr. Atkinson asked for an update on forming our own ambulance district. Mr. Rittman said the legislature passed the measure but it had not been signed yet.
CHANNEL 2: Mr. Atkinson said the computer was up and running.
CLARB: Mrs. Arnold said next meeting she will have a detailed report on Jazzfest. She thanked the police and all others who helped.
FARMERS MARKET: Mr. Friedman said it's going well, and encouraged everyone to go down and patronize the market.
MAIN STREET: Already covered.
MARC SMOKING ISSUE: No report.
ALDERMAN SPORTSMAN MOVED TO ADJOURN; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED 8-0.
The meeting was adjourned at 10:45 p.m.
Submitted by _________________________________
City Clerk Barbara J. Lance - 6/29/05
________________________________________
Assistant City Clerk Claudia S. Willhite - 6/29/05
2201 promoting Eric Sligar to police sergeant
2202 creating a Code of Ethics and amending earlier Ethics Ordinance
2203 adopting 2003 Building Codes
2204 amending text in Title IV of the Parkville Municipal Code
2205 vacating utility easement at Parkville Self-Storage
2206 vacating sanitary sewer easement in 4th Plat of The National
C/A 149, contracting with MARC to facilitate retreat
C/A 150 contracting with Buford Survey for survey of trail in English Landing Park
C/A 151 contracting with McConnell & Associates to pave alley between 4th & 5th
A-768 to pay listed salaries and accounts