Note: These minutes should be considered a draft until approved by the Board of Aldermen.  Please check minutes of subsequent meetings before certifying these minutes to be either approved as published or approved as corrected.   

 

Work Session

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

August 1, 2006

 

CALL TO ORDER

 

Mayor Kathryn A. Dusenbery called the work session to order in the Board Room at City Hall at 6:05 p.m.

ROLL CALL

 

Ward 1 Alderman Deborah Butcher           - present

Ward 1 Alderman Jim Brooks                            - present

Ward 2 Alderman David McCoy                - present

Ward 1 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             - ABSENT WITH PRIOR NOTICE

 

ALSO PRESENT:        City Administrator Joe Turner

                             Police Chief Bill Hudson

                             Police Lt. John Moyer

                             Community Development Director Sean Ackerson

                             Public Works Director Jeff Rupp

                             Project Manager Dan Koch  

                             North Hills Engineering Consultant Jay Norco                         

                             City Attorney Jack Campbell

                             Attorney Janet Garms, Kutak Rock (bond attorney)

                             Developers Rich Kopp and Bill Shyster

                             Attorney Jim Bowers of White, Goss & Bowers

                             Architect Homer Williams of Williams, Spurgeon Kuhl & Freshnock

                             Resident Harry Sievers

                             City Clerk Barbara Lance

Media Present:         Nancy Jack for Parkville Luminary

                             Joyce Tsai for Kansas City Star                         

                             Jared Hammond for St. Joseph News Press

                             Stacy Weidemaier for Platte Landmark

                             Joe Gleason for Channel 2

 

                            

DISCUSSION OF SEWER PROJECT AT M-45 AND I-435

 

Mr. Turner had included a memo stating that a petition had been filed regarding Brush Creek sewer improvements, and reminding aldermen they had approved a Resolution of Intent to pass a Neighborhood Improvement District (NID) bonds for the project.  Included with Mr. Turner’s memo was a copy of a letter from Kansas City Councilman John Fairfield indicating Kansas City is not ready at this time to participate in the sewer interceptor project, but would like to be included in future updates.

 

Mr. Norco presented background history on this project, using slides, which were prepared after the July 19th Brush Creek Sewer NID Coordination Meeting.  Mr. Turner’s memo and attachments, including documents from the slides shown, are enclosed with the original of these minutes.  Slides shown are as follows, with explanations and comments in italics following the titles. 

 

•                    MAP DRAWING OF THE Brush Creek Interceptor, a survey by Aylett-Flowers.

 

•                    Size Findings

 

•                    Basis for Assessments

 

•                    NID Assessment Basics

 

•                    Proposed NID Options

 

•                    Costs (Ms. Garms said if costs exceed construction estimates by more than 25%, the excess will have to come out of the City budget.) 

 

•                    Sewer Connection Fees (2 pages) For users outside the NID there will be a fee, and it will escalate each year.  A conclusion has not been reached as yet for users inside the NID.

 

•                    Schedule  (A public hearing will be scheduled, and then the Board will consider an ordinance.  Before we could advertise for bonds, there would need to be a technical review by the Missouri Department of Natural Resources – this could probably not be completed and accepted until late in 2007.  Adjustments would be due in 2009.  Construction on this project would probably take 6-7 months.)

 

•                    What Happens Next?  Staff has been meeting with the Platte County Regional Sewer District, and another meeting was scheduled for the next day. Additional development to the south may occur in twenty years, but no activity seems imminent.  Mr. Norco has had discussions with developers of 1,000 Oaks.  Money has been invested by developers to pump wastewater over to that watershed.  But, he said, there comes a time when that has to end, and that time is now.

          Mayor Dusenbery said the Sewer District is allowing them to use grinder pumps and pump over the hill. Mr. Turner asked if Plat 12 of 1,000 Oaks has been approved to go over the hill, and Mr. Norco said yes, it was approved by the City and PCRSD.

 

          Mr. Norco said some fees could be collected before improvements are made and held in escrow.  

 

Mr. Sportsman said we are trying to be as inclusive as we possibly can so later landowners cannot come back and say “You didn’t talk to us.”  All landowners have been contacted.  The process, he said, was deliberate, exhausting, and inclusive.   Mr. Rittman said the City has done due diligence.  Mayor Dusenbery said we couldn’t have done it without Mr. Norco. 

 

Mr. Norco said he had to make some revisions to the ordinance in their packets, and he explained the changes. 

 

          Mr. Campbell asked if there was anything in the ordinance to would make sure the bonds would be paid off.  Mr. Norco said the language says that the fees will be used for that purpose.  Ms. Garms said she checked the federal tax law, and we may have to use some provisions. 

 

Mr. Campbell said he hadn’t seen the ordinance, and he would want it to say the bonds would be paid off and the money wouldn’t be used in some other way.  Ms. Garms said she wasn’t sure you could bind future councils.  Mr. Sportsman asked if there was a possibility that fees could be collected for this purpose and then later used for roads, etc.  Mr. Campbell said Ms. Garms was correct that we cannot bind future councils.  He just wanted to make sure we do all we can to protect paying off the bonds.  The City is ultimately responsible for such payment, and it’s in the City’s best interest to pay them off early. 

         

          Ms. Garms said the City cannot levy a tax to pay these bonds without a vote. 

 

Mr. Bay asked what happens if assessment fees remain unpaid by the landowner, and Ms. Garms said the City can foreclose on the landowner.

 

•                    Are We There Yet?

 

          Ms. Garms said if there are ten contiguous acres in this district that are used for farming the owners of those properties are entitled to file claims relieving them of payment of assessments until the land is no longer used for farmland purposes.  The properties would have to be certified by the County. 

 

What that translates to as far as the City is concerned is that the debt would have to be paid off by some other method until the land the land is no longer used for farming. 

 

          Ms. Garms said the farmland parcels would have to be certified by the County.  All participants will be given a separate notice.  She did not know whether these properties qualify. 

 

It was not known at that time whether some in the NID area would opt out.  There was a period of seven days for property owners who signed the petition to withdraw their names. 

 

Copies of the slide presentation documents are included with these minutes on file.

 

Mr. Brooks asked about a specific piece of property in the NID area; Mr. Turner said the sewer line and pump station go across the property.   Mr. Brooks asked if someday they build and want to hook up how are they going to pay for it?  Ms. Garms said they would have to pay when they hook up.  Further discussion ensued on this subject, with Ms. Garms pointing out that improvements, i.e., access to sewer service, make the land more valuable.

 

Mr. Rittman gave this scenario: The district is formed.  Years from now, someone wants to join the sewer district, they pay collector fee but not assessment?

 

Mr. Norco said costs are borne initially by NID members.  He thinks at first fees will go to reduce the length of the payment period, and users will pay a connection fee.  

 

Mayor Dusenbery asked for questions from the floor. 

 

Mr. Brooks asked if the specific property they discussed was the only one apt to opt out.  Mrs. Garms said they didn’t know.  Mr. Brooks asked for assurance that the potential outlay by the City is fairly predictable.  Ms. Garms said there is a 7-day window for signers of the petition to withdraw (that’s seven days from the filing of the petition). 

 

Mr. Rittman asked if there were any way the schedule could be accelerated.  Mayor Dusenbery said they would have to give that a lot of thought – there are so many important issues. 

 

The work session ended at 7:00 p.m.

 

 

Submitted by           _________________________________________

                             City Clerk Barbara J. Lance - 8/9/06