APPROVED BY BOARD OF ALDERMEN ON 1/2/07.
Regular Meeting
BOARD OF ALDERMEN
CITY OF PARKVILLE, MISSOURI
December 19, 2006
CALL TO ORDER
The meeting was called to order by Mayor Kathryn A. Dusenbery in the Board Room at 7:05 p.m.
Ward 1 Alderman Deborah Butcher - present (left at 7:30)
Ward 1 Alderman Jim Brooks - present
Ward 2 Alderman David McCoy - ABSENT with prior notice
Ward 2 Alderman Dave Rittman - present
Ward 3 Alderman Marvin Ferguson - present
Ward 3 Alderman Jeff Bay - present
Ward 4 Alderman Marc Sportsman - present
Ward 4 Alderman Brian Atkinson - present
ALSO PRESENT:
STAFF City Administrator Joe Turner
Police Chief Bill Hudson
Police Lieutenant John Moyer
City Attorney Jack Campbell
Community Development Director Sean Ackerson
Public Works Director Jeff Rupp
Project Manager Dan Koch
City Collector Loretta Stevens
City Clerk Barbara Lance
Dennae Caquelin for Alliance Water Resources
Craig Edlund for Alliance Water Resources
OTHERS Parkville developer and resident Tom Hutsler
Parkville business owner and resident Paul Doyle
Resident John Hines
Resident Harry Sievers
Resident Jim McCall
Resident Terry Brown
Resident Jim Sfetko
Residents Maria, Cecilia and Ryan Sprague
Marissa Palmer of Platte Hills Road
Resident Karen Rapp
Parkville business owner Rick McKibben
Parkville developer and resident Dave Williams
Jeff Jones regarding alley
Residents Kathy Merrill and son William
MEDIA : Nancy Jack for Parkville Luminary
Andy Hyland for Kansas City Star
Stacy Wiedmaier for Platte Landmark
ALDERMAN ATKINSON MOVED TO APPROVE THE MINUTES OF THE DECEMBER 5th REGULAR MEETING AND THE DECEMBER 12th SPECIAL MEETING AS PUBLISHED; ALDERMAN BUTCHER SECONDED; ALL AYE; MOTION CARRIED 7-0.
Mr. Turner said later in the meeting aldermen would consider an ordinance increasing the sewer rates in 2007 and setting aside some reserves for the sewer fund. Aldermen would also consider approval of the 2007 sewer budget.
Mayor Dusenbery asked for questions or comments.
John Hines said in the meeting two weeks ago mention was made of a sewer rate increase in 2008. He asked if there would be an additional increase beyond the one being considered tonight.
The mayor said this will be the first time we will be able to look at all our sewer lines. Mr. Rupp said over the last few years we have entered into an asset management program. A sewer evaluation is being done by the city engineer. When we renew our plant permit we have to do disinfection; a piece of equipment will be required. He said he would check to see if we could get the price of that piece of equipment "locked in."
The public hearing was closed at 7:15 p.m.
Mayor Dusenbery asked to move the sequence of agenda items to accommodate the number of people present to discuss the BNSF (Burlington Northern & Santa Fe Railroad) second track.
ALDERMAN ATKINSON MOVED TO CHANGE AGENDA ITEMS B3 TO B2 AND VICE-VERSA; ALDERMAN BROOKS SECONDED; ALL AYE; MOTION CARRIED 7-0.
Mr. Hutsler asked people to view the schematic drawings placed around the room, and said they would be displayed in various places after the meeting. He talked about options. He said Option 2 is the best choice for the city. It moves the present track to a point between its current location and the river, and proposes that the new track be located beside it.
At Mr. Hutsler's request, Mr. Doyle distributed the following documents:
These documents will be attached to the original of these minutes.
ALDERMAN BUTCHER WAS CALLED AWAY AT 7:30 P.M.
Mayor Dusenbery suggested a five-minute break.
ALDERMAN ATKINSON MOVED TO RECESS FOR FIVE MINUTES; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED 6-0.
After the five-minute period was over,
ALDERMAN FERGUSON MOVED TO GO BACK INTO SESSION; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED 6-0.
Mr. Hutsler said property owners affected by the relocation of the track(s) had agreed to participate in a N.I.D. (Neighborhood Improvement District) to raise funds for this relocation. He said he was told there are no funds available nationwide at this time for railroad relocation, but there will be in January, 2007. He spoke of the possibility of participation by MDNR (Missouri Department of Natural Resources).
Mr. Atkinson asked Mr. Hutsler how we could give BNSF a time frame for the beginning of the project if the money is to come from a NID? Mr. Hutsler replied there are benefits to using this system. Mayor Dusenbery said MoDOT does only state highways.
Audience members spoke, as follows:
Mr. Sievers: "Not totally in favor of moving the tracks. Has anyone talked to the City of Olathe, Kansas? They just moved the tracks there. What about vibration caused by the railroad - would moving it closer to the sewer plant cause a problem for the equipment there?"
Mr. McCall: "Thanks to the Board for allowing a citizen to make this kind of presentation. I was totally opposed to anything going through the park, but I changed my mind because the railroad is going to take part of the park whatever we do. This plan would make the park better than it is now and increase safety."
Mr. Brown: "Most important thing about this plan is that it provides access for a bypass through downtown. If you let BNSF put the new track next to the one that's there, I think there will never be a bypass."
Mrs. Sprague: "The amount of free space for children's play should be considered."
Mrs. Merrill: "I have three children who play in and enjoy this park. It is a treasure. There is nothing like it in the midwest. There are problems in this plan. One is that trains are very loud. Please preserve the park."
Mrs. Rapp: "You're talking about $3,000,000, not counting what business owners are going to pay for this. Hundreds of cities across the country are going to want that grant money. Moving the tracks that far over would have a big impact on the park. I think it would destroy the park. It wouldn't be safe for people to be in the park."
Mr. Sfetko: "I'd like to call your attention to issues that aren't really clear. Overpass or underpass, if tracks were to go south of English Landing it would take a lot of fill to get it up to the level of the railroad tracks." He pointed out that the height they are proposing for the tracks does not take into account the height of the railroad cars themselves.
Mr. Hutsler said he'd like to clarify Mr. Sfetko's statement. The fill in English Landing Park where the playground is measures 9'4". The fill that's 12' is to the west of English Landing Center. It requires 12' of fill there. On Ballfield #1 there is approximately 5' of fill, he said.
Mr. Atkinson said taking all that into consideration how much does it increase the percentage of park that's lost? Mr. Hutsler said Logan Associates would provide a drawing to the city. Mayor Dusenbery asked Mr. Hutsler to provide a letter saying that. Mr. Hutsler said Logan and another company have been working on this, and a report will be turned in to the City staff very soon. Mayor Dusenbery said she'd appreciate that.
Mr. Williams: "If the City goes with Option #1, I'd like to see plans for a bypass road. The railroad charges the water company for an easement. Mr. Logan could not answer the question you asked. I think I can. To the best of my knowledge the railroad designed three alternatives and my understanding is that Option #2 is comparable to #1. The river bottom is lower there. If the City goes with #1, you ought to have plans for a roadway to get in and out of town. There will be a row of cars coming from Riverside."
Mayor Dusenbery thanked everyone for participating.
Mr. Campbell provided some history preceding Mr. Jones' request to address the Board of Aldermen. He said that early in the year the Board of Zoning Adjustments denied Mr. Jones' request for a special exception to build a garage. The alley adjoining his house is really what we're talking about tonight, he said. Mr. Jones wanted to build the garage within 7' of the property line, which would be a violation of our setback ordinance, and he appealed that BZA ruling into the Circuit Court of Platte County. During the course of the summer, there were numerous discussions about settling that case. One of the things that occurred was that the alley was changed in terms of its grade. Gravel was added. Over the course of the summer, settlement negotiations were entered into; before it ever got to the Platte County Court for hearing a settlement was reached with Mr. Jones. Basically the reason was economics. Both sides were spending money. The grounds for settlement were that Mr. Jones would make all the repairs and bring the alley back to where it was. The BZA would meet again. It was my understanding, Mr. Campbell said, there was never any real objection from the neighbors about building the garage closer than it's supposed to be. The real issue became that the alley had been dramatically changed, causing drainage problems to some of the neighbors.
During the settlement discussions, Mr. Campbell continued, the City had allocated about $4,400 to pave the alley. The paving had not been done and actually what happened is the work that was done by Mr. Jones caused the City not to go forward. The Board had authorized the $4,400 in the settlement meeting. A lot has happened since the settlement discussion with Mr. Jones. The BZA met and allowed the special exception. No repairs have been done. No action has been taken by Mr. Jones. The City realized the $4,400 we would have spent to get the job done had gone up to somewhere between $10,000-$15,000. The City has had a very difficult time getting the engineering plans. Finally we got them and they have been approved by the City. As far as I'm concerned, Mr. Campbell said, I promised to come before the Board. It was clear in my mind that there had to be a re-authorization of the money.
Mr. Ferguson said there was never one thing mentioned to the Board by Mr. Campbell or anyone else that there was going to be another appearance before the Board. Mr. Campbell said he agreed totally that there was never anything said before the BZA about that particular issue.
Mr. Jones said in the meeting with Mr. Campbell, Mr. Rupp, Mr. Koch, and Mr. Norco, all of the parties there agreed that the City would kick in that amount. His idea was that it would be good to come and discuss this with the Board.
Mr. Turner said so far we've spent about $12,000 on legal fees on this.
Mayor Dusenbery told Mr. Jones that the money was allotted in 2005. We were going to try to fit paving the alley into the 2005 paving cycle with the rest of the asphalt work.
Mr. Jones said this was the fourth time a meeting has been set up for him to come before the Board. He said we can continue to do this in court. He said "You had the money to do this in the first place." He said he has the money to finish it.
Mr. Brooks asked Mr. Jones about the $3,500 that he's going to pay to his contractor. Mr. Jones said he has an engineer. When you ask for things to be changed it takes a couple of weeks. "In order for you guys to be happy that's what my engineer did," he said. Mr. Brooks asked if this reverses the illegal modifications he made to the alley. Mr. Jones said "According to your engineer, yes." Mr. Brooks asked if that meant back to the condition it was in before. Mr. Jones did not reply. Mr. Brooks asked him if he ever got a permit for the job, and Mr. Jones said it was a verbal agreement between him and Paul Giarratana (senior inspector for the City of Parkville).
Mr. Sportsman asked Mr. Rupp if he has a master plan for resurfacing various sites in Parkville, asking if, when a job comes near the site where Mr. Jones is, paving could be added to the job at hand? Mr. Rupp said he wasn't sure that alley was even put on that list because it's so far down the list. It would be a few years away. Mr. Sportsman asked if there would be any possibility of a crew being in the area, and Mr. Rupp said they would be downtown with the Rush Creek project. Mr. Rittman said it seems like we'll have to get a rebid for the Rush Creek project. Mr. Brooks said he thought Mr. Jones' actions were illegal - he is diverting water onto adjacent property. Mr. Jones said the only reason this project was stopped is because Carolyn Elwess said it was running on her property. Mr. Brooks said he thought they needed more definite discussion before they could take any action. It is clear that what Mr. Jones has done is not allowable.
Mr. Jones said we would just continue this in court.
ALDERMAN RITTMAN MOVED TO TABLE THE ISSUE OF THE ALLEY BETWEEN 4th AND 5th STREETS; ALDERMAN ATKINSON SECONDED; ALL AYE; MOTION CARRIED 6-0.
Later in the meeting Mayor Dusenbery asked Mr. Ackerson about Mr. Jones' statement that he had a verbal agreement with Mr. Giarratana about the permit to do the job, and Mr. Ackerson said no, they don't do verbal permits. He pointed out that even if that had happened it was irrelevant to the issue before them, which was the alley change.
There was no Mayor's Report.
Sewer Rates and Grinder Pumps. Mr. Turner discussed the rate of increase for sewer rates - it would be 12.7%. Mr. Brown said he had not attended any of the hearings on the grinder pump problem. He asked whether in the new ordinance and new fees other customers (those without grinder pumps) would be paying for grinder pump fees. Mayor Dusenbery answered that Riss Lake people will be paying for their own. Backups would be their own problem. Mr. Brown asked how long they had been paying. The mayor said for years. It is being changed now. Mr. Brown said the City had no obligation to go in and pay the money for basement cleanups. Mr. Atkinson said "we've got an obligation - look at your insurance policy and it will talk about subrogation."
Mayor Dusenbery said the Missouri Department of Natural Resources required us to be responsible for them. Mr. Rittman added that the law was changed fairly recently. Mr. Ferguson said each homeowner did pay a monthly fee toward paying for that. The mayor said now it will go under the Homeowners ' Association.
ALDERMAN FERGUSON MOVED THAT BILL 2327, SETTING THE 2007 SEWER RATE, BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL 2327 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 2327 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2306; ALDERMAN RITTMAN SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 6-0.
Bill 2327 was posted 12/15/06.
ALDERMAN FERGUSON MOVED THAT BILL 2328, ADOPTING EMPLOYEE SALARIES FOR 2007, BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIES.
ALDERMAN FERGUSON MOVED THAT BILL 2328 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 2328 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2307, ALDERMAN RITTMAN SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 6-0.
Bill 2328 was posted 12/15/06.
ALDERMAN FERGUSON MOVED THAT BILL 2329, APPROVING THE BUDGET FOR THE GENERAL FUND FOR 2007, BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL 2329 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 2329 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2308; ALDERMAN RITTMAN SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 6-0.
Bill 2329 was posted 12/15/06.
Mr. Rittman thanked Mr. Turner and staff for getting this done. .Mr. Turner said Treasurer Steve Berg did an outstanding job in projecting revenue. It's a team effort, he added.
Before moving to approve the 2007 sewer fund budget, Mr. Ferguson referred to an item on Page 3, #07-91-00, saying it could be changed if needed, if the Board voted later to adjust it.
ALDERMAN FERGUSON MOVED TO APPROVE BILL 2330, APPROVING THE 2007 SEWER FUND BUDGET, FOR FIRST READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED, ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL 2330 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 2330 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2309; ALDERMAN RITTMAN SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED 6-0.
Bill 2330 was posted 12/15/06.
Deer Hunt. Chief Hudson said we just finished the first week of the (managed and approved) deer hunt. It was unexceptional. Hunters got three does. Car accidents got two in the same period. The second part of the hunt will start within the first few days of January. Mayor Dusenbery said a sign is needed in the valley just before you go over the dam. People in the Animal Shelter are walking the dogs up there, and one of them came upon a person with a bow and arrow. The chief said he would see that more signs are put out, including some there. He said the department had been getting calls about people walking around in camouflage outfits. He said he hasn't heard of anyone trying to use guns there. We'll see how the next hunt goes, he said; this doesn't seem to be really effective. He was not sure it's worth shutting the park down. Six hunters signed up for the first week, and five for the second.
Mr. Rittman said he had not seen as many deer around this year. It would be great if the population is thinning out. The chief said he didn't think there was any decrease in the number of car-deer accidents. He said you can see deer from City Hall, running up and down.
State Farm Office Signs. Mr. Ackerson said this company has asked for two wall signs.
ALDERMAN ATKINSON MOVED TO APPROVE THE SIGN REQUEST MADE BY THE STATE FARM OFFICE IN THE GREENS AT CROOKED ROAD; ALDERMAN BAY SECONDED; ALL AYE; MOTION CARRIED 6-0.
Master Plan Meeting. Mr. Ackerson said this meeting had been postponed to sometime in January so that Park University could join us. He asked people to go to the City's web page. Lt. Moyer said they should click on the link on the main page that says "Notify Parkville." Any announcements will go out that way, and on Channel 2.
Mr. Rupp talked about the supplemental agreement with Alliance Water Resources for operation of the wastewater facility.
ALDERMAN FERGUSON MOVED THAT BILL C/A 190, RENEWING THE CONTRACT WITH ALLIANCE WATER RESOURCES, BE APPROVED FOR FIRST READING BY TITLE ONLY; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL C/A 190 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 C/A 190 BE APPROVED ON SECOND READING BE APPROVED TO BECOME ORDINANCE C/A 190; ALDERMAN RITTMAN SECONDED; ALL AYE BY ROLL CALL VOTE; MOTION CARRIED.
Bill C/A 190 was posted 12/15/06.
There was discussion about grinder pumps. The mayor said Alliance had been taking care of them. Now the Riss Lake Homeowners Association will be doing it.
Mayor Dusenbery asked if there were any trouble with the Environmental Protection Association, they would be the ones to take care of it, right? Mr. Edlund said if they've caused the problem it falls back on them to take care of it.
Mr. Ferguson asked how many were present from Alliance? Ms. Caquelin said three.
ALDERMAN FERGUSON MOVED THAT BILL A-804, TO PAY LISTED SALARIES AND EVENTS, BE APPROVED FOR FIRST READING; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED.
ALDERMAN FERGUSON MOVED THAT BILL A-804 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-804 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-804; ALDERMAN RITTMAN SECONDED; ALL AYE; MOTION CARRIED 6-0 BY ROLL CALL VOTE.
Bill A-804 was posted 12/15/06.
Friends of the Parkville Animal Shelter. Mr. Bay said they had an open house at the new facility last week. They dedicated it to Diane Detmer. They are raising funds by selling T-shirts and tote bags.
Channel 2 and Website:. Mr. Atkinson said they have been doing billboard updates. One of the cameras was knocked out due to a power surge. They have holiday music playing on it. Christmas on the River pictures will be posted there.
Mr. Turner said the delay in posting the COR pictures was his fault. He said Mr. Rittman gave them to him, and he misunderstood here they were to go. He didn't know they were going to Mike Horine. They'll be on Channel 2 soon. Lt. Moyer
said they are on www.parkvillemo.com now. Mr. Rittman, who takes these pictures every year, said if someone wants a particular photo, they can go to the website and pull it off. All that stuff is donated, he said, and offered his appreciation to Photographix for their support for this program.
Mr. Atkinson said Lt. Moyer is taking a look at his website proposal and the committee will meet with him right after the first of the year.
CLARB. No report.
Economic Development. No report.
Grinder Pump Ad Hoc Committee. Mr. Atkinson has a report from Gordon Cook He will ask Mrs. Lance to put it in the minutes. (Note: It will be attached to the original of these minutes and available at City Hall upon request.) Mr. Rittman asked that a one-page report from Riss Lake Developer Don Julian go with that. He will get copies for Mrs. Lance and Mr. Atkinson.
Main Street. Mr. Rittman thanked the Police Department for all its work for Christmas on the River - getting people in and out. He thanked the rest of City staff as well, and also resident Mike Butcher, who again volunteered to help with traffic that night.
Railroad Museum. Mr. Ferguson has met with Committee Chairman Jeff Anderson, and will be giving a report soon.
Sidewalks. Mayor Dusenbery said there had been a lot of e-mails going back and forth about this subject, and she asked Mr. Rupp to make a report.
Mr. Rupp said sidewalks used to be in a separate account, but had been merged with curbs. Asphalt overlays are part of the curb program. That's a big cost every year. He wanted to separate out those issues because they were inflating the asphalt cost. The overlay program is still eating up the money in the curb and sidewalk program.
The mayor asked about the Master Plan and sidewalks. Mr. Rupp said in the Dream Initiative this year there was a connectivity from downtown all the way up to Parkville Commons.
Mr. Ferguson said we used to have a separate program for sidewalks. Now we're getting the money put into overlay instead. The mayor said we have gone out and looked at all this. Mr. Ferguson said he was saying we should have separate programs for sidewalks.
Mr. Rupp said we can do that. It doesn't have to have a separate account, he said, he can just see that some of it goes to sidewalks. Mr. Ferguson said sidewalks need consideration too. Mr. Rittman said he believed we ought to have a sidewalk account, and to start a plan that says what we can do - we will have to see something down the road that has to happen. He said there was money set aside for a trail between Highways 9/45 and downtown. He sees Park University students running up and down Highway 9 in the dark. That's not a wise thing. These are pro-active things we can do to prevent accidents.
Mayor Dusenbery said part of our development would be a walking system from the Community Center clear down to downtown.
Mr. Ackerson said we require sidewalks as part of our new development rules. The mayor said we're looking at ways we can do this without ruining the City budget. Mr. Rupp said we could just split some money out of the overlay program. Mr. Ferguson said no, he wants separate accounts for curbs, sidewalks, and overlay. Mr. Sportsman said this is a budgeting issue. We're going to have to allocate funds above and beyond. Mr. Rittman said maybe a fraction of the newly approved budget could be put into a new account.
Mr. Brooks said at a minimum they need to come up with a program of replacing at least the sidewalks that are in very bad condition, but definitely should do a little bit every year.
ALDERMAN ATKINSON MOVED TO ADJOURN; ALDERMAN FERGUSON SECONDED; ALL AYE; MOTION CARRIED 6-0.
The meeting was adjourned at 9:50 p.m.
Submitted by ____________________________________________________
City Clerk Barbara J. Lance - 12/29/06