Note: These
minutes should be considered a draft until they are approved by the Board of
Aldermen at the August 15, 2006 meeting.
Regular Meeting
BOARD OF ALDERMEN
At 7:00 p.m., Mayor Dusenbery
requested a motion to formerly close the Work Session and open the regular
Board of Aldermen meeting. Alderman
McCoy moved and
Ward 1 Alderman Jim Brooks - Present
Ward 1 Alderman Deborah Butcher - Present
Ward 2 Alderman David McCoy - Present
Ward 2 Alderman David Rittman - Present
Ward 3 Alderman Marvin Ferguson - Present
Ward 3
Ward 4 Alderman Marc Sportsman - Present
Ward 4 Alderman Brian Atkinson - Absent w/prior notice
ALSO
PRESENT: City
Administrator Joe Turner
Police
Lt. John Moyer
Community
Development Director Sean Ackerson
Public
Works Director Jeff Rupp
Dan
Koch, Project Manager
Engineer
Jay Norco
City
Clerk Barbara Lance
City
Attorney Jack Campbell
Summer
Intern Shawn Burns
Janet
Garms, Bruce Culley, Robyn Bousum
Harry
Sievers, Kendall Welch, David and Carla Dods,
Adam Graves, Attorney Jim
Bowers, and
Many
Volunteers in support of the Animal Shelter Proposal
MEDIA
PRESENT: Nancy Jack
for The
Joyce
Tsai for the
Stacy
Wiedemeier for The Landmark
Jared
Hoffman for The Sun-Tribune
Joe Gleason for Channel 2
Mayor Dusenbery
announced that she needed to request acceptance of an amended agenda to add two
contract ordinances under Public Works Item 8 C. for work necessary to address
the recent McAfee Pump Station damage.
IT WAS
MOVED BY
REVIEW OF MINUTES
Approval of Minutes of July 18th
Board Meetings
ALDERMAN
CITIZEN INPUT
Kendall Welch re
Recycling Program
Mayor Dusenbery commended Kendall Welch for her
dedication to help bring this recycling program to the
Ms. Welch presented the mayor with the first
curbside recycling bin in honor of the one-year effort this has been, since it
was August of last year, she said, when she first attended a meeting at city
hall to support recycling in
Ms. Welch also showed the board recycling
containers that will be placed at
IT WAS MOVED BY ALDERMAN RITTMAN AND SECONDED BY ALDERMAN BUTCHER TO APPROVE THE PROPOSED CURBSIDE RECYCLING PROGRAM AS PRESENTED ON AUGUST 1, 2006; ALL AYE, MOTION PASSED 7-0.
Hunt
Martin Materials Quarterly Report
No one from Hunt
Martin Materials was present to give this report. Mayor Dusenbery asked Public Works Director
Jeff Rupp to follow up with them to reschedule.
Federal
Grant on
David
and Carla Dods addressed the board to review the request for a feasibility
study of the
IT WAS MOVED BY ALDERMAN RITTMAN AND SECONDED BY ALDERMAN BUTCHER TO APPROVE THE REQUEST FOR BOARD SUPPORT TO REQUEST A FEASIBILITY STUDY BY THE U.S. ARMY CORPS OF ENGINEERS FOR THE PARKVILLE RIVER BOTTOMS; ALL AYE, MOTION PASSED 7-0.
MAYOR’S REPORT
Animal Shelter Presentation
Mayor Dusenbery asked how many of the people
in the audience were there to support the Animal Shelter presentation. Most of the visitors in the audience raised
their hands. Robyn Bousum, President of
the Friends of Parkville Animal Shelter (FOPAS), referred the board to the
written proposal provided in the packets (a copy of which is attached to these
official minutes). She thanked Pat and
Judy Kelly who have offered their property, located at 1356
9 Highway, for use as an interim site for the
Parkville Animal Shelter. The Kelly’s,
she said, do not intend to develop this property for at least 18 – 24
months.
Ms. Bousum noted the benefits to the City and
to FOPAS outlined in the proposal, as well as responsibilities for each. She said they would also be asking to reduce
the number of days that dogs belong to the City from ten days to five as
currently stated in the code. No animals
will be left outside at night, she said, so it should not cause a noise problem
for anyone in the area. She reported
that last year FOPAS adopted out approximately 400 animals and this year they
have already adopted out 145 dogs and 75 cats.
Mayor Dusenbery said she sees this as a perfect temporary facility and a
win-win situation for both parties. Ms.
Bousum said this would address immediate needs while giving them time to
continue their capital campaign to seek a permanent site.
IT WAS MOVED BY ALDERMAN RITTMAN AND SECONDED BY ALDERMAN BAY TO APPROVE FOR STAFF TO PROCEED WITH DRAFTING A FORMAL AGREEMENT WITH THE FRIENDS OF PARKVILLE ANIMAL SHELTER FOR 1356 9 HIGHWAY TO BE AN INTERIM LOCATION FOR THE PARKVILLE ANIMAL SHELTER; ALL AYE, MOTION PASSED 7-0.
Mayor Dusenbery thanked the Kelly’s for
making this happen and thanked the volunteers for coming out to support this
important project.
CITY ADMINISTRATOR’S REPORT
Consider 2005 Audit Report
Mr. Turner reported that the Finance Committee
reviewed the complete 2005 Audit Report last week. He added that due to an error in the copy
process when the City Collector was making copies of the audit for the packets,
every other page of the report is missing in the packets. Since Bruce Culley, the auditor, was in
attendance to review the audit with the board, it was determined best to
proceed with the report and to defer voting on accepting the audit until the
next meeting.
Mr. Culley had a PowerPoint presentation to
accompany his verbal report to the board.
He said it was a good year for the city from an income and capital
assets standpoint and the city did an excellent job of bringing the budget in
on target. Bond and lease obligations,
he said, are going down and that’s good; general revenues rose primarily due to
an increase in rates;
Points Mr. Culley made from his Management
Letter included the following:
·
No
material internal control deficiencies
·
Fixed
asset accounting module has not been fully implemented
·
GASB 34
reporting method not fully implemented
·
Some
construction funds disbursed out of the escrow account were not timely reported
on the general ledger and he would recommend doing that on a monthly basis
·
Fixed
assets are now recorded
·
The
George Fewson Trust assets are now shown on the books
·
Inventory
for other inventory assets are now completed
·
Review
of the court system found INCODE is working properly
In closing, Mr. Culley recommended that the
purchase order module be implemented and more work done on the policy and
procedures manuals previously suggested.
Alderman McCoy asked if the changes requested
from the Finance Committee would get to Mr. Turner soon and Mr. Culley said he
would deliver them the next day. Mr.
Culley also offered to return to the next meeting when the vote for the audit
will be taken.
IT WAS MOVED BY ALDERMAN McCOY AND SECONDED BY
ALDERMAN BUTCHER TO TABLE THE 2005 AUDIT REPORT UNTIL THE AUGUST 15, 2006 BOARD
OF ALDERMEN MEETING; ALL AYE, MOTION PASSED.
Ordinance to Accept Petition re Brush Creek
Drainage NID
Janet Garms reported that it has been brought to her attention that a
small piece of the proposed Brush Creek NID has not been annexed by
IT WAS MOVED BY ALDERMAN FERGUSON AND SECONDED BY
ALDERMAN RITTMAN THAT BILL 2296, AN ORDINANCE ACCEPTING A PETITION FROM OWNERS
OF PROPERTY IN AN AREA TO BE KNOWN AS THE BRUSH CREEK DRAINAGE AREA REQUESTING
THE CREATION OF A NEIGHBORHOOD IMPROVEMENT DISTRICT, BE APPROVED FOR FIRST
READING. ALL AYE, MOTION CARRIED.
IT
WAS MOVED BY ALDERMAN FERGUSON AND SECONDED BY ALDERMAN RITTMAN THAT BILL 2296
BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY. ALL AYE, MOTION CARRIED.
IT WAS MOVED BY ALDERMAN
Bill 2296 was posted on 07/28/06.
Ordinance to Create Brush Creek Drainage
NID
IT WAS MOVED BY ALDERMAN FERGUSON AND SECONDED BY ALDERMAN
RITTMAN THAT BILL 2297, AN ORDINANCE DETERMINING THE ADVISABILITY OF THE BRUSH
CREEK DRAINAGE NEIGHBORHOOD IMPROVEMENT PROJECT, BE APPROVED FOR FIRST
READING. ALL AYE, MOTION CARRIED.
IT
WAS MOVED BY ALDERMAN FERGUSON AND SECONDED BY ALDERMAN RITTMAN THAT BILL 2297
BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY. ALL AYE, MOTION CARRIED.
IT WAS MOVED BY ALDERMAN
Bill 2297 was posted on 07/28/06.
Memo re Vacation for week of August 21st
Mr.
Turner reported that he is planning to be on vacation the week of August 21st
through August 25th, returning to the office on Monday, August 28th.
POLICE
REPORT
Update on recent activities
Chief
Hudson reported that crime is down this month.
He explained the reason for the ordinance to increase fees for
fingerprinting.
Lt.
John Moyer provided a brief update on police activity that had taken place
since the activity report went into the packets. He also reported that he is working on
emergency procedures and he has contacted Hunt Martin Materials for their
emergency procedures on dealing with any issues underground. He said he will be out of state August 3rd
through the 14th taking his grandchildren to Disney World but in his
absence, the police department is prepared to address any urgent emergency
incidents that may arise.
Ordinance to Increase Fees for
Fingerprinting
IT WAS MOVED BY ALDERMAN
IT
WAS MOVED BY ALDERMAN FERGUSON AND SECONDED BY ALDERMAN RITTMAN THAT BILL 2299
BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY. ALL AYE, MOTION CARRIED.
IT WAS MOVED BY ALDERMAN
Bill 2299 was posted on 07/28/06.
COMMUNITY
DEVELOPMENT
Mayor Dusenbery said
she wanted to thank Community Development Director Sean Ackerson and Summer
Intern Shawn Burns on behalf of the City of
Ordinance
to Amend Chapter 405 of the Parkville Zoning Code to Rezone 0.91 acres from B-4
for a Shopping Center to B-4 for a Bank
Mr.
Ackerson reviewed the Application Summary and related materials provided in the
packets for this agenda item. He noted
that Track 2 of the subject site will remain as is and that the Planning
Commission recommended approval of the rezoning to “B-4” Business District for
a Bank for Tract 1, but not for Tract 2, by a vote of 8-0.
Mayor
Dusenbery said that she wanted to remind everyone that the Public Hearing for
this issue has already taken place but she would invite anyone with new
information regarding this issue to address the board at this time.
Mr.
Adam Graves, a Parkville resident who lives near the area in question, said he
did not receive the public notice regarding the previous meeting and he
believes the original notice was inadequate as well as the ordinance being
voted on tonight. He added that he
believes the track of land referred to is not currently zoned B-4 due to the
fact that no Shopping Center was ever built and the 80 feet referenced in
Ordinance 1017 was never deeded over to the Pinecrest neighborhood residents.
Mr.
Ackerson deferred to City Attorney Jack Campbell for reply. Mr. Campbell said the ordinance did not say
if these conditions do not take place, the rezoning is invalid. He added that under our particular code, only
the plan died, not the zoning.
Mr.
Graves said that Ordinance 1017 specifically says that this rezoning is
“subject to” and the new ordinance is asking to exclude the 1.62 acres
referenced in 1017 but if you remove it, it should automatically revert back to
R-1 zoning.
Alderman
Rittman asked Mr. Graves exactly what he wanted to see happen here.
Mr.
Graves said he would like the board to deny the request and to deed the land to
his neighbors like they want done. He
added that he thinks what should happen is a request to repeal Ordinance 1017
and then ask the council to rezone from R-1 to B-4.
Alderman
Rittman said he sees a “disconnect” in the goals since either way the 80-foot
buffer is intended to serve as a conservation barrier.
Mr.
Graves said his point is that he believes the notice was inadequate.
Attorney
Jack Campbell said he’s not seen the notices but he has concerns on whether the
city ever had the authority to impose the 80-foot buffer requirement, as that
may be illegal.
Attorney
Jim Bowers, counsel for the Farley State Bank, said they feel although the
conditions in Ordinance 1017 weren’t satisfied, the underlying zoning remains
in place. We are comfortable, he said,
with the proposed ordinance as it is drafted and urge the board to act on it at
this meeting. He added that he was at
the Planning Commission meeting when they fortuitously reviewed and voted to
approve the application 8-0.
Alderman
Rittman said, based on both attorneys’ statements, he believes the board should
follow legal counsel and move forward on this issue.
IT WAS MOVED BY ALDERMAN
IT
WAS MOVED BY ALDERMAN FERGUSON AND SECONDED BY ALDERMAN RITTMAN THAT BILL 2300
BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY. ALL IN FAVOR SAY AYE, MOTION CARRIED.
IT
WAS MOVED BY ALDERMAN RITTMAN AND SECONDED BY ALDERMAN RITTMAN THAT BILL 2300
BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2279. MOTION PASSED 6-1 BY ROLL CALL VOTE WITH
ALDERMAN FERGUSON VOTING NAY.
Request
for Approval of Preliminary Development Plan for a bank in a B-4 district
IT WAS MOVED BY ALDERMAN RITTMAN AND SECONDED BY ALDERMAN BAY TO APPROVE THE APPLICATION BY FARLEY STATE BANK FOR A PRELIMINARY DEVELOPMENT PLAN FOR A BANK IN A B-4 DISTRICT, CONTINGENT ON STAFF AND PLANNING COMMISSION RECOMMENDATIONS; ALL AYE, MOTION PASSED 7-0.
Ordinance re Increasing Fees for Public Works and
Community Development Operations
Mr.
Rupp requested to remove this ordinance from the agenda for revisions to be
brought back to the board at a future meeting.
It was so agreed.
Ordinance Amending Chapter 700 to Establish Brush
Creek Sewer Connection Fees
IT WAS MOVED BY ALDERMAN FERGUSON AND SECONDED BY
ALDERMAN RITTMAN THAT BILL 2298, AN ORDINANCE AMENDING CHAPTER 700 SANITARY
SEWAGE SYSTEM, TO ESTABLISH SEWER CONNECTION FEES FOR THE BRUSH CREEK
WATERSHED, BE APPROVED FOR FIRST READING.
ALL AYE, MOTION CARRIED.
IT
WAS MOVED BY ALDERMAN FERGUSON AND SECONDED BY ALDERMAN RITTMAN THAT BILL 2298
BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY. ALL AYE, MOTION CARRIED.
IT WAS MOVED BY ALDERMAN FERGUSON AND SECONDED BY
ALDERMAN RITTMAN THAT BILL 2298 BE APPROVED ON SECOND READING TO BECOME
ORDINANCE 2277. ALL AYE BY ROLL CALL
VOTE. MOTION PASSED 7-0.
Bill 2298 was posted on 07/28/06.
Contract
Ordinances with IEC Industrial Controls & Supply and EPS Environmental
Mr. Rupp referred the board to his previous communication regarding an electrical storm that caused the damage to the McAfee Pump Station. The following two contract ordinances, he said, are necessary to correct that damage.
IT
WAS MOVED BY ALDERMAN FERGUSON AND SECONDED BY ALDERMAN RITTMAN THAT C/A BILL
176, AN
ORDINANCE AUTHORIZING AN AGREEMENT WITH IEC INDUSTRIAL CONTROLS AND SUPPLY, BE APPROVED FOR FIRST READING, ALL AYE, MOTION
CARRIED.
IT
WAS MOVED BY ALDERMAN FERGUSON AND SECONDED BY ALDERMAN RITTMAN THAT C/A BILL
176 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY,
ALL AYE, MOTION CARRIED.
IT
WAS MOVED ALDERMAN FERGUSON AND SECONDED BY ALDERMAN RITTMAN THAT C/A BILL 176
BE APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 176; ALL AYE BY ROLL CALL
VOTE. MOTION PASSED 7-0.
C/A Bill 176 was posted on
07/28/06.
IT
WAS MOVED BY ALDERMAN FERGUSON AND SECONDED BY ALDERMAN RITTMAN THAT C/A BILL
177, AN
ORDINANCE AUTHORIZING AN AGREEMENT WITH EPS ENVIRONMENTAL AND PROCESS SYSTEMS, BE APPROVED FOR FIRST READING, ALL AYE, MOTION
CARRIED.
IT
WAS MOVED BY ALDERMAN FERGUSON AND SECONDED BY ALDERMAN RITTMAN THAT C/A BILL
177 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY,
ALL AYE, MOTION CARRIED.
IT
WAS MOVED ALDERMAN FERGUSON AND SECONDED BY ALDERMAN RITTMAN THAT C/A BILL 177
BE APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 177; ALL AYE BY ROLL CALL
VOTE. MOTION PASSED 7-0.
C/A Bill 177 was posted on
07/28/06.
Mr.
Rupp said he would give the board an update when he learns if and how much the
insurance company will reimburse this expense.
Alderman Sportsman asked what fund covers this and Mr. Turner said the
sewer fund.
ACCOUNTS
PAYABLE A-795
ALDERMAN
FERGUSON MOVED THAT BILL A-795, TO PAY LISTED SALARIES AND ACCOUNTS, BE
APPROVED FOR FIRST READING; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN
FERGUSON MOVED THAT BILL A-795 BE APPROVED ON FIRST READING AND PASSED TO
SECOND READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION
CARRIED.
ALDERMAN
FERGUSON MOVED THAT BILL A-795 BE APPROVED ON SECOND READING TO BECOME
ORDINANCE A-795; ALDERMAN RITTMAN SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION
CARRIED 7-0.
Bill
A-795 was posted on 07/28/06.
COMMITTEE REPORTS
Animal Shelter – Discussed earlier in the meeting.
Chamber of Commerce/Events – Mrs. Butcher reminded everyone of the Business Over Breakfast scheduled for this Friday, August 4th at the Skillet. She also reported that there is now going to be a virtual tour program on the Platte County site and new marketing photos for Parkville will be taken for that with no additional cost to the city.
Channel 2 and Website – No report.
Community Land and Recreation Board – No report.
Economic Development Committee – Mayor Dusenbery thanked Mr. Sportsman for the substantial time he has given to the Economic Development Committee. Mr. Sportsman said it’s been approximately one year since this development project started and he’s happy to see it come to fruition. He added that he wanted to thank Jay Norco, Jeff Rupp, Joe Turner, Sean Ackerson and other staff who have shown great patience and worked many hours to see this succeed. He added a special thank you to Jay Norco for introducing him to “sewer humor”. Mr. Sportsman said that he sees ten-fold more work ahead related to this area. He noted there is tremendous amount of interest in the land out near I-435 and with this will come many opportunities and challenges for the city in the next few years.
Financial Report – No report.
Farmers Market – Mayor Dusenbery reported that the Family Fun Day held at the Farmers Market last Saturday was a huge success. She said that they intend to do it again before the end of the season.
Main Street Parkville – No report.
MARC Smoke-free Communities issue – Mrs. Butcher said she had not received any response from her request for community feedback on this issue. She said that when it cools down she intends to poll Parkville restaurants. Mayor Dusenbery asked Mrs. Butcher to report on what the surrounding metro area is doing on this.
Nature Sanctuary – No report.
Railroad Museum -
Mr. Ferguson reported that the Railroad Museum Committee held its first meeting
last week. This meeting, he said, was
primarily organizational and to discuss aspects of what should be housed in the
museum given the limited space available.
Alderman Rittman asked if the city should consider a specific ordinance to ban hostile dogs such as Pit Bulls, since recent actions by surrounding cities may encourage Pit Bull owners to check our code to see if we allow such pets in the city. Chief Hudson said he prefers to leave the code as it stands now because it covers all dangerous dogs/animals rather than breed specific. He said he thought this actually provides the city with more leverage and public safety control. Alderman Rittman said he defers to the Chief’s expertise in this area and is satisfied to leave the code as it reads at this time.
ADJOURNMENT
ALDERMAN
SPORTSMAN MOVED THAT THE MEETING ADJOURN; ALDERMAN BUTCHER SECONDED; ALL AYE;
MOTION CARRIED 7-0.
The meeting adjourned at approximately 8:59 p.m.
Submitted by: _____________________________________
Assistant City Clerk Claudia
Willhite, 08/11/06