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HomeMy WebLinkAbout2007-06-19MINUTES REGULAR MEETING BOARD OF ALDERMEN RIVERSIDE, MISSOURI Tuesday, June 19, 2007 6:30 p.m. The Board of Aldermen for the City of Riverside, Missouri, met in regular session in the Board of Aldermen Chambers at C Hall, 295U NW Vivion Road, Riverside, Missouri. Mayor Rose called the meeting to order. Those in attendance were Mayor Kathy Rose, Aldermen Fuller, Bruns, Darata, Hurt, Salyer and Super. Also present were David Blackburn, City Administrator, Jane Henry, Executive Administration Assistant, Sarah Thompson, Administrative Clerk, Donna Resz, Finance Director, Chief Gregory Mills, Brent Miles, Director of Planning & Economic Development, Jeff Rupp, Public Works Director and John McClelland, City Attorney. Motion for Closed Session Alderman Darata moved that the board of aldermen go into closed at 6:31 p.m. session, pursuant to RSMo 610.021 (1) for discussion of real estate issues with the City's Attorney, seconded by Alderman Bruns, and the vote was: Aye: Aldermen Fuller, Bruns, Darata, Hurt, Salyer, Super. Motion carried. Regular Meeting Mayor Kathy Rose called the regular meeting of the Board of Aldermen 7:00 p.m. to order at 7:00 p.m. Aldermen Fuller, Bruns, Darata, Hurt, Salyer, and Super answered the roll call. Visitor Comments Brenda Teters, 2214 NW Homestead Terrace, spoke to the Board about the continuing problem with the feral cat population. She said she appreciated the city's efforts to remediate the problem but she thinks Riverside has the worst cat problem ever. She asked that the board work on another ordinance for feral cat control. Minutes of May 22, 2007 Alderman Hurt made a motion to approve the minutes of May 22, 2007 Approved as presented and the motion was seconded by Alderman Bruns. The vote was: Aye: Aldermen Darata, Hurt, Super, Salyer, Fuller, and Bruns. Motion carried. Minutes of May 29, 2007 Aldermen Fuller moved to approve the minutes of May 29, 2007 as Approved presented, and Alderman Super seconded. The vote was: Aye: Alderman Darata, Fuller, Salyer, Bruns, Hurt, and Super. Motion carried. Minutes of June 5, 2007 Aldermen Darata made a motion to approve the minutes of June 5, Approved 2007, as presented and Alderman Hurt seconded. The vote was: Aye: Aldermen Darata, Fuller, Salyer, Bruns, Hurt, Super. Motion carried. Public Hearing Mayor Rose opened the Public Hearing at 7:11 pm. To Consider a Preliminary Miles explained that the city is still reviewing the development plan and Development Plan for should have it ready for a public hearing at the July 3 regular meeting. Briarcliff Miles summarized the project saying there will be about 75,000 feet of Development Company office space built east of Red X. At this time the developer is moving in 15 feet of fill dirt but is bringing the dirt from the Kansas City area and is not removing dirt off the bluff in Riverside. He added that the buildings will be single story, primarily medical offices. However, Kansas City Art Institute will occupy space in one of the buildings to establish a KCAI Northland Campus. Alderman Fuller made a motion to continue the public hearing to their July 3 meeting and Alderman Super seconded. The vote was: Aye: Aldermen Darata, Fuller, Salyer, Bruns, Hurt, Super. Motion carried. Mayor Rose closed the Public Hearing at 7:16 pm. Request for motion to Planning and Economic Development Director Brent Miles told the approve Embassy Board of Aldermen that nothing had changed in the project since they Landscape Final heard the presentation at an earlier meeting. He said it is a great project Development Plan with enhanced signage and lighting. Alderman Darata moved to approve the Embassy Landscape Final Development Plan and it was seconded by Alderman Hurt. The vote was: Aye: Hurt, Super, Salyer, Darata, Fuller, and Bruns. Motion carried. Unfinished Business Public Safety Chief, Greg Mills addressed the growth of the Riverside Fire Department and their capabilities because the City experienced a significant fire in the past few weeks and needed help from South Platte Fire Department and Kansas City Fire Department Captain Gary McMullin explained to the Board what happened that day. McMullin said that on June 10, 2007 RN Chemical reported a fire in their building. It took the Riverside Fire Department about nine minutes to respond, and South Platte Fire Rescue was called because the fire was in a building where several chemicals were. About one and a half hours into fighting the fire, McMullin made the decision to pull two of Riverside's Firefighters off of the fire and send them back to regular duty. The South Platte Fire Chief questioned whether his firefighters needed to still be there if McMullin was sending his back. McMullin explained that there was no one left on regular duty, so he needed to send the minimum back. The South Platte Fire Chief agreed. The building with the fire was a center building with other businesses on each side. The adjoining buildings did not have Knox Boxes so the fire department could get keys to gain access to the buildings, so doors had to be knocked down and locks had to be cut resulting in additional damage. The fire was contained to a second floor kitchen and appeared to have started in the ceiling and already burned through the roof. Everything seemed to be under control, so firefighters were sent back. The thermal imaging camera was then used to make sure there were no hot spots let. One area was found to still be around 600 degrees. As a result, firefighters had to be called back. This time Kansas City firefighters were notified and they sent five trucks and between 25 and 30 firefighters. It took another 95 minutes before the fire was completely out. Two officers were stationed at the scene for security reasons. Riverside detectives and state fire marshals investigated the cause of the fire. It is undetermined, but does not seem suspicious. The insurance company suspects that it was a lightening strike. It took a total of five hours to get the fire completely out. One Kansas City firefighter sustained minor injuries. The estimated damage is $650,000. Mayor Rose commented that at least it was Sunday and there was no one in any of the buildings. Alderman Super asked if the building was equipped with a sprinkle system. Captain McMullin replied that is was not. Alderman Super asked how old the building was. Captain McMullin replied that he did not know. Alderman Super asked what the UDO requirements were for buildings like this for safety reasons. Miles replied that there is no reference to this in Chapter 500 which included the International Fire Codes. Also, the building has been there long enough that it would be considered legal non-conforming. Alderman Bruns asked if having the Knox Boxes would have helped. Captain McMullin replied that they would have. Alderman Bruns asked how much extra time it takes to have to knock doors down instead of using the key. Captain McMullin responded that it would all depend on what tools would be needed to make an entry. Mayor Rose shared that the Eatons, who own RN Chemical, sent a nice letter to the City thanking the firefighters and complimenting them on a job well done. CIl' Presentation Finance Director Donna Resz gave a presentation to the Board for the 2007-2012 Capital Improvement Plan (CIP). She explained that the CIP is for planning purposes and that only the adopted 07-08 operating budget is legal. The Board was introduced to the projects in this plan at the last meeting. The projects should now be examined and any changes, additions or removals should be considered now. Streets and Bridges listed out several projects that the City hopes to complete in the next five years. Alderman Super commented that the City has budgeted to finance all the repairs and up-grades to Northwood Road when only half of the road is in the City of Riverside. Miles replied that County is not interested in doing any improvements to it at this time and several Riverside residents use the road because it services Park Hill South High School. He also noted that the condition of the road is a safety hazard. Alderman Fuller asked where Northwood Road began and where it ended. Miles replied that the City has Northwood Road from 52"d Street to where David Barth's property begins. The road continues from there to Merrimac, and that is the section that is in question. City Administrator David Blackburn commented that the City will have some assistance from David Barth as he develops the area. It is the City's decision on what to do. Alderman Bruns commented that this is where the City can use its gaming funds to help other cities and the County. Alderman Hurt commented that the City did the same thing with 52nd Street. A portion of it is in Kansas City. Mayor Rose commented that the Road District is for the improvements, but they do not have the funds. Miles commented that the County does not service the road now. Riverside is taking care of it. Blackburn commented that there is also an elementary school at the end of Northwood Road making it even more of a safety issue. Resz said that she will leave everything in for now for further discussion. Resz went on to explain that the CIP has $750.00 for the 07-08 budget for Infrastructure Maintenance and $1,600,000 for 07-08 for Community Development projects. Public Facilities has several items listed. Blackburn explained that the graffiti protective paint needs to be reapplied on the rolling gates because they are peeling. Alderman Super asked if the rolling gates belonged to the levee. Blackburn replied that the graffiti proofing paint has no bearing on the function of the levee It is done to keep the City looking nice. Mayor Rose commented that she was going to be part of an animal shelter study and would like to see something budgeted over the next few years to help supplement a shelter in Platte County when one is built. Alderman Dazata asked if the supplement would be in addition to the $150,000. Mayor Rose responded that she would like to see the $150,000 left in this yeaz, but would like to see at least something budgeted every year to help supplement the cost of the shelter. Alderman Dazata commented on the $10 million left in the CIP for the new Community Center. Resz replied that no action was taken on that issue, but she did not want to take it out without the Board's Approval. Mayor Rose commented that she thought the City was using the Healthy Citizen Initiative to see where the City is as faz as usage data and programs to offer. Alderman Dazata said that the $10 million budgeted for the Community Center should just be taken out until the City is considering building again. Alderman Bruns asked if there was any advantage to leaving it in for the future. Resz explained that it is far enough out that it will not be reflected in the City's finances either way. Blackburn explained to the Boazd some of the needs for major equipment. He said that the recent fire demonstrated the need for new fire equipment. Resz explained some of the fees for the Horizons Development. Miles said that there are a lot of professional fees because of the City trying to sell the Horizons property. Alderman Hurt commented that funding for Northwood Road was shown in 2007 and in 2008. He asked if the project was going to be done in two phases. Miles replied that it is possible the project could be done in two phases because the road can only be shut down to be worked on during the summer when school is not in session. Street Parking Discussion Miles showed the Board a proposal to allow some on street parking in the City. Parking would only be allowed on one side of the street and only on streets that would permit it safely. Alderman Fuller asked how the City would determine what side of the street pazking would be allowed. Miles replied that it would be determined on a street by street basis. This will take time to figure out and get signs made and posted. Miles asked the Boazd to look over the proposed parking and give suggestions at the next meeting. Fireworks Discussion Miles explained to the Board that last year the City rewrote the fireworks code, but they failed to make changes or make provisions for how to deal with issuing certain types of fireworks licenses, i.e. wholesale and jobber licenses. This has not been a problem up until now because the same two individuals have always held them. This year one of the individuals did not renew his license and the City had two others apply. There is nothing that regulates how the City distributes these licenses other than it says the City can give up to two licenses. The City is proposing an Ordinance to get rid of distributor licenses, jobber licenses and limit the wholesale licenses to those applicants who applied by May 1, 2007. Kurk Eckard from Dishonest Don's Fireworks at the corner of NW Vivion Rd and Gateway addressed the Board saying that he applied for the open wholesale license. He stated that he had his state license in the next day to the City. He explained that he gave the address of his temporary tent on his application so that he could give an address. The actual wholesale operation would be moved to a lot in Homestead. One and a half yeazs ago the City made changes to the fireworks codes and the vendors were told that there would be no more changes. Now it seems the staff is changing things and only selectively enforcing them. Eckard explained that the fireworks vendors bring lots of sales tax to the City and residents want the vendors in the City. Brenda Teters from Dishonest Don's Fireworks at the corner of NW Vivion Rd and Gateway addressed the Board commenting that she would like to be the only retail vendor in town, but she can't. She stated that she thinks it is wrong for the City to take away and limit the wholesale, distributor and jobber licenses. She stated that she was told by Louise Rusick, the City Clerk, several yeazs ago that she would be next on the waiting list for a wholesale license. Joe DiGivanni from Honest John's Fireworks at 4531 NW Gateway and J&A Fireworks at 4706 NE Gateway and 2701 NW Platte Rd addressed the Boazd stating that he also applied for the open wholesale license. He explained that he has one warehouse in Kansas and one in Missouri and he would like to move all his operations under one roof here in Riverside. Mike Koska from Mike's Fireworks at 2421 NW Vivion Rd addressed the Boazd commenting that he does not believe an emergency vehicle would be able to reach Eckazd's property and that he would like the restriction lifted on bottle rockets. Alderman Salyer asked if any changes were being made to seasonal retail fireworks licenses. John McClellend, City responded that there aze no changes to the provisions for the seasonal fireworks licenses. No limit has been placed on the number of seasonal licenses because there is no reasonable method to allocate them. Scott Eckard from Dishonest Don's Fireworks at NW Vivion Rd and Gateway addressed the Board and stated that the City is reading the law wrong. He said Louise Rusick, City Clerk, put them on a waiting list 10 years ago for a wholesale license when one came available. John Blogin from Blogin's Fireworks on NW Gateway commented to the Board that he has been selling fireworks in Riverside since 1945 and can not understand why the City is responding this way. McClelland told the Board that by State law the City could ban all fireworks sales and use. He noted that he is not advocating that approach, but that it is possible. Last yeaz the City changed fireworks codes but did not put restriction on the vendors other than the bottle rockets. The City just made insurance regulations stricter. Mayor Rose commented that all the City is doing is restricting something that was never granted before. McClelland responded that as of recent records no one in the City has held a djstributor's license or a jobber license and the one person who currently holds a wholesale license will be allowed to keep it. The City will not be issuing any new wholesale licenses. Alderman Salyer asked what types of regulations other municipalities have on fireworks. Miles replied that many other cities are stricter on fireworks regulations. Public Works Director Jeff Rupp, Director of Public Works, commented to the Boazd about the Horizons South Project. He explained that the road is in bad shape. The City has budgeted for an overlay in a few months, but something needs to be done in the meantime. If the holes are just patched they will pop back up in a few days. Rupp suggested that the road be crunched up and a base rock laid over it, which the City will maintain until the overlay is done. This base rock will also help the overlay work better. Mayor Rose asked how fast this project could begin. Rupp replied that the City could begin work as soon as tomorrow. Mile Duffy from SKW updated the Board on several projects. First he explained the emergency repairs on Vivion Road by the library. Sometime during the construction of the library a culvert was taken out and the drain spout from the library dead ended under the road. With all the rain the pressure lifted the road. To fix it a new pipe was extended down to the curb to a location where it will drain properly. New concrete will be poured tomorrow then the mill and overlay will be done on the damaged street. Next, they will be removing the rip rap from the other side of the library and installing a scour stop. This was in the Merrimac Drainage Proposal. The Merrimac Drainage Proposal is ready for easements to be signed. Duffy reported next that the break in the City's sewer line has been repaired, but the area still needs clean up and the curb needs to be replaced. The City street maintenance project opens for bid this week. A pre bid meeting will be held June 28, 2007 at City Hall. Bids are due July 10, 2007 at 10 am. The ordinance for the contract will come before the Board on July 17, 2007. Public Safety Chief Greg Mills explained to the Board that the Crime Stoppers Tips Hotline that the City's Public Safety Department takes part in has raised their fees from $2,000 to $2,500. Chief Mills explained that this has been a budgeted item and the only thing that has changed is the price has gone up. Mayor Rose asked if the City was still involved with the program. Chief Mills responded that the officers were still involved and that the City even hosts some of their monthly meetings. Mayors Discussion Mayor Rose addressed the Board with several items. First, she reported that she spoke with the individuals living in Ridgewood Estates that had approached her about annexing them. They were pleased that the City informed them about Northwood Road closing. They also explained to her that a lot of the reason for them wanting to be annexed is the 25% increase in their water bills from Missouri American Water. Mayor Rose explained to them that she appreciated their interest in the City, but the City is focusing on another annexation at this time. Next Mayor Rose updated the Board on her recent trip to Fort Riley to visit the families of the troop Riverside and other Northland cities adopted. The troop has already been deployed and the Mayor was able to attend the deployment ceremony. Right now the families are in need of diapers of all sizes. The Northland cities that have adopted this troop will hold a diaper drive. Diapers will be collected at the Riverside Community Center, Platte County South Community Center in Parkville and Platte Country North Community Center in Platte City. Mayor Rose spoke in Shawnee, Kansas about the trap and release program No More Homeless Pets sponsors. They will be doing another trapping in August in Riverside. Residents need to let the City's Animal Control Officer know of any problem areas. Residents also need to identify any cats that they are caregivers to. She also noted her excitement about the Northland Animal Welfare fund raiser. Next, Mayor Rose shared the compliments and letters she received from individuals regarding the Scottish Highland Games. She commented on Jeff Goodwin's presentation of the Belgium Bottoms Business Park at the Chamber luncheon for June. Finally she explained that Argosy is pleased about their recent buyout. The entire transition should take 12 to 16 months. Recess @ 9:21 pm Alderman Darata motioned fora 10 minute recess. Alderman Bruns seconded. The vote was: Aye: Darata, Bruns, Fuller, Hurt, Super and Salyer. Motion carried. The meeting reconvened at 9:31 p.m. Answering roll were, Aldermen Bruns, Darata, Salyer, Super, Fuller and Hurt. Bill No. 2007-57 Alderman Bruns moved to place Bill No. 2007-57 on its first reading, Payment of Indebtedness said Bill authorizing the payment of indebtedness listed therein, seconded by Alderman Darata. The vote was: Aye: Hurt, Darata, Super, Bruns, Fuller, and Salyer. Motion carried. Ordinance No. 2007-57 Alderman Darata moved to place Bill No. 2007-57 on its second reading, and upon passage of the same become Ordinance No. 2007-57, seconded by Alderman Bruns. The vote was: Aye: Darata, Super, Bruns, Fuller, Salyer, and Hurt. Motion carried. Bill No. 2007-58 Alderman Bruns moved to place Bill No. 2007-58 on its first reading, Merrimac Drainage said Bill authorizing the City to enter into a contract with and pay Contract certain funds to Linaweaver Construction for the Merrimac Drainage Project, seconded by Alderman Fuller. The vote was: Aye: Super, Salyer, Bruns, Fuller, Darata and Hurt. Motion carried. Ordinance No. 2007-58 Alderman Hurt moved to place Bill No. 2007-58 on its second reading, and upon passage of the same become Ordinance No. 2007-58, seconded by Alderman Darata. The vote was: Aye: Darata, Hurt, Fuller, Super, Salyer and Bruns. Motion carried. Bill No. 2007-59 Alderman Super asked if this was just for the design of the City Nearing, Staats, Prelogar Streetscape. and Jones Architect Design Miles replied that this project will be done in two phases. The fast phase will consist of the design and material choice. Phase two will be the actual construction. Alderman Super pointed out that the Ordinance and the attached letter from the architects give two different total costs for design of the streetscape. Miles explained that an extra meeting had to be added, so the correct total is the $49,960 that is on the attached letter and not what is stated in the Ordinance. Alderman Super asked if the architects would be supplying the Board with cost estimates with the different design plans they submit. Miles replied that it would be part of the design phase. Alderman Hurt moved to place Bill No. 2007-59 on its first reading with the design amount corrected to $49,960, said Bill authorizing the City to enter into a service agreement with Nearing, Staats, Prelogar and Jones Architect, seconded by Alderman Bruns. The vote was: Aye: Hurt, Super, Salyer, Bruns, Darata and Fuller. Motion carried. Ordinance No. 2007-59 Alderman Darata moved to place Bill No. 2007-59 on its seconded reading, and upon passage of the same become Ordinance No. 2007-59, seconded by Alderman Fuller. The vote was: Aye: Hurt, Super, Bruns, Darata, Fuller and Salyer. Motion carried. Bill No. 2007-60 Alderman Bruns commented that many citizens don't like the fireworks Amending Section buildings that are vacant during the year. The tents are not a problem. 605.320 "Sale of The City is not trying to get rid of all fireworks. Vendors can do things Fireworks and Fireworks to try and help clean up the fireworks image as a whole. Occupation License" Alderman Super commented that Mike Koska's operation is very organized and clean. Alderman Super asked if there was anything else that could be required to hold others to that same level. Miles responded that there is no effective way to do that. Alderman Fuller moved to place Bill No. 2007-60 on its first reading, said Bill authorizing the City to amend Section 605.320 "Sale of Fireworks and Fireworks Operational License", seconded by Alderman Salyer. The vote was: Aye: Bruns, Fuller, Salyer, Darata and Super. Alderman Hurt abstained from voting. Motion carried. 10 Ordinance No. 2007-60 Alderman Bruns moved to place Bill No. 2007-60 on its second reading, and upon passage of the same become Ordinance No. 2007-60, seconded by Alderman Fuller. The vote was: Aye: Super, Salyer, Bruns, Fuller and Darata. Alderman Hurt abstained from voting. Motion canted. Bill No. 2007-61 Alderman Darata moved to place Bill No. 2007-61 on its first reading, Kansas City Crime said Bill authorizing the Public Safety Department of the City of Commission Riverside to enter into a service contract with and pay certain funds to the Kansas City Metropolitan Crime Commission, seconded by Alderman Super. The vote was: Aye: Hurt, Super, Fuller, Bruns, Salyer and Darata. Motion carried. Ordinance No. 2007-61 Alderman Super moved to place Bill No. 2007-61 on its second reading, and upon passage of the same become Ordinance No. 2007-61, seconded by Alderman Fuller. The vote was: Aye: Fuller, Super, Salyer, Bruns, Darata and Hurt. Motion carried. Bill No. 2007-62 Miles asked that the Board table Bill No. 2007-62. Nuisance Abatement Contract Alderman Bruns moved to table Bill No. 2007-62 approving and authorizing the execution of a nuisance abatement contract with Miller's Nursery and Lawn Care for nuisance abatement in the City, seconded by Alderman Fuller. The vote was: Aye: Fuller, Hurt, Super, Darata, Bruns and Salyer. Motion tabled. Board of Aldermen Alderman Fuller expressed some of the concerns citizens are having in Comments regard to the fireworks this year if it continues to be dry. He wanted to make sure there was a plan in place if it remained dry and that it would be enforced. Alderman Bruns expressed how pleased he was with the Scottish Highland Games and what a great image it was for the City. Alderman Darata asked if Public Works had their gates closed at certain times. She had several residents that needed to drop items off and no one was at the Public Works Department. Rupp explained that due to the flooding and restoration, Public Works was accepting trash by appointment only because there had been a lot of abuse of the facility while no one was there. 11 Alderman Salyer commented on his recent trip to the newly elected officials' conference. One of the things that were stressed there was wrapping up closed session on time and he explained how important it was for the Board to stay within their posted times. Alderman Hurt commented on the Homestead Preservation Act and said he would come with more information on it later. Alderman Super asked if anyone was monitoring the grading at Briazcliff. Miles replied that they have not started grading in Riverside yet. Alderman Super asked if the City would be monitoring the site because of the TIF requirements. Miles replied that there would be inspectors on site to monitor the project. Motion to enter into closed Alderman Darata moved to enter into closed session pursuant to RSMo session at 10:03 pm 610.021 (1) for discussion of legal issues, RSMo 610.021 (2) real estate, and RSMo 610.021 (3) personnel issues with the Attorney, seconded by Alderman Bruns. The vote was: Aye: Fuller, Hurt, Super, Dazata, Bruns and Salyer. Motion carried. Motion to enter into open Alderman Bruns motioned to enter into open session, seconded by session at 10:27 pm Alderman Fuller. The vote was: Aye: Super, Dazate, Bruns, Salyer and Fuller. Motion carried. Adjournment The meeting was adjourned by unanimous consent at 10:27 p.m. Sazah Thompson, A strative Clerk 12