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HomeMy WebLinkAbout2006-04-04Minutes of Regular Meeting of Boazd of Aldermen of City of Riverside, Missouri Apri14, 2006 A regular meeting of the Boazd of Aldermen of the City of Riverside, Missouri, was held in the City Hall, of Riverside, Missouri, on Apri14, 2006 at 7:30 p.m. Those in attendance were Mayor Pro Tem Ray Beard, Aldermen Jones, Darata, Looker, Legaard, and Super. Mayor Burch, Absent. Also present were David Blackburn, City Administrator, Louise Rusick, City Clerk, Chief Gregory Mills, Brent Miles, Director of Planning and Economic Development, John Jackson, City Engineer, and John McClelland, City Attorney's office. Minutes, Mar. 7, 2006 Alderman Darata moved that the minutes of March 7, 2006, as orally amended be Approved approved, seconded by Alderman Looker, the vote was: Aye: Aldermen Looker, Dazata, Super, Legaard, Beard and Jones. Motion carried. Request for Synergy Alderman Jones moved to approve Synergy Services, 400 E. 6th St, Pazkville, Services to use Comm. Pazkville, Mo. to use the Community Center gym and kitchen on June 7, 2006 Approved 6:00-8:00 p.m., free of chazge, seconded by Alderman Darata, the vote was: Aye: Aldermen Jones, Super, Darata, Legaazd, Beazd and Looker. Motion carried. Request for Cub Alderman Looker moved to approve Ctrb Scouts Pack 330, Sue Hanis (repre- Scouts Pack 330 to use sentative) to use the Renner Brenner Park, free of chazge on 5/21/06 from noon the Renner Brenner Pazk to 6:00 p.m., seconded by Alderman Legaazd, the vote was: Approved Aye: Aldermen Jones, Dazata, Super, Legaazd, Beard and Looker. Motion carried. Fifty Senior Softball Wes Weddle, with the Kansas City Metro SO+League spoke with the boazd Tournament regarding a request fora 50+ Senior Softball Tournament on July 22°d, Discussion Saturday at the E.H. Young Park as a recognition tournament and promote Senior softball to age groups of 50+ men's leagues. Fifty Senior Softball Alderman Legaazd moved to approve the Kansas City Metro 50+ League to Tournament, Approved use the E. H. Young Pazk, and the Pazk Board agreed also, July 22nd and has agreed to the league using the Lazge Shelter House for $300.,a deposit of $250. and a special feel for the city to drag the field for $20.00, seconded by Alderman Super, the vote was: Aye: Aldermen Super, Darata, Legaazd, Beard, Looker and Jones. Motion carries. Public Hearing Opened Mayor Pro Tem Beard opened the Public Hearing moved to consider a request 7:40 p.m fora "Special Use Permit: for Modulaz Units as Temporary Facilities". Brent summarized Embassy Landscaping would like to place 2 modulaz units at 6105 NW the staff report Riverpark Drive to use as offices while design is being finished on the permanent building can be constructed. Riverside Code states specific regulations for temporary structures and when applying the regulations, the staff had these comments: 1. The modulaz unit is a transportable building unit used for commercial and industrial purposes. 2. The proposed modulaz units appeaz to be in compliance with International Codes. 3. The site plan indicates 2 temporary structures including layout and location. 4. The site plan indicates 15 parking spaces including 2 ADA spaces. 5. The dimensions for the spaces were not indicated and should be included before final approval and the site plan needs to include the landscaping proposal and any proposed signage. The applicant has indicated the construction of the permanent building will not take 2 years. The staff recommends a 1 yeaz expiration on the permit that could be extended if the applicant could show justification for a longer time frame. The applicant has indicated that a verbal access agreement has been granted by Intercontinental for use of the Intercon. private drive. Staff is requiring that a copy of this agreement be submitted before approval. Staff and the applicant aze still working on sanitary sewer issued with the site. Public Hearing As there were no other comments from the public, Mayor Pro Tem Beard closed Closed the Public Hearing at 7:49 p.m. Embassy Landscaping Aldenman Looker moved to approve Embassy Landscaping placing 2 modulaz to place 2 modular units at 6105 NW Riverpazk Drive with 3 contingencies,(1) Access Easement for units at 6105 NW Intercontinental Drive (2) Private sewage system (3) Phase IIB (fueling area), Riverpazk Drive, the applicant should provide documentation with sufficient details so the staff Approved with is able to provide a comprehensive building and fire code review and conditions subsequent approval by the Department of Public Safety, seconded by Alderman Darata, the vote was: Aye: Aldermen Darata, Legaard, Beazd, Looker, Jones and Super. Motion carves. Public Hearing Opened Mayor Pro Tem Beazd opened the Public Hearing at 7:55 pm. for a request to consider a "Special Use Permit" for Outdoor Storage per Riverside Municipal Code Section 410.130.2 Public Hearing Alderman Darata moved to continue the Public Hearing until April 18'" Continued Municipal request to consider a "Special Use Permit" for Outdoor Storage per Riverside Code Section 410.130.2, seconded by Alderman Looker, the vote was: Aye: Aldermen Legaazd, Beazd, Looker, Jones, Super and Dazata. Motion cazries. Building Pemvt Alderman Super moved to approve a building permit for Corey Newitt 321 for 321 NW Woodland, , NW Woodland to convert a walkway into a room, seconded by Alderman Approved Legaazd, the vote was: Aye: Aldermen Legaard, Beazd, Looker, Jones, Super and Dazata. 2 Motion carries. Unfmished Business Bill No. 2006-14 and Bill No. 2006-15 tabled from the 3/21 meeting. Brent said the agreement and Tax Increment Financing is being worked through with the developer. Bill No. 2006-14 Alderman Super moved to table Bill No 2006-14, An Ordinance approving Tabled amendments to the Gateway Redevelopment Plan and the Gateway Area and Approving Actions And Documents Related Thereto, seconded by Alderman Darata, the vote was: Aye: Aldermen Legaazd, Beazd, Looker, Jones, Super and Dazata. Motion carries. Bill No. 2006-15 Alderman Looker moved to table Bill No. 2006-15, An Ordinance approving the Tabled Heritage Pointe Redevelopment Area, Approving the Adoption of Tax Increment Financing For the Redevelopment Project and Redevelopment Project Area, Approving the Selection of a Developer, And Approving Other Actions Related Thereto, seconded by Alderman Dazata, the vote was: Aye: Aldermen Darata, Legaard, Beazd, Looker, Jones, Super and Dazata. Motion carries. City Administrator David said the groundbreaking for the I-635 Interchange was set for April 13`s, Comments but there is a conflict with another function, so the date is now changed until April 18s' at 2:00 p.m April 13`s' ETC will come to present the business survey information, to the group at the Chamber of Commerce Meeting. April 10~'' David and Brent aze scheduled to be in Jefferson City with the North- land Chamber where several communities come together to meet with legislators. Mr. Sabin Yanez, Project Manager of Cook, Flatt and Strobel presented the details of the proposal in the amount of $37,502.00 for project management that was approved by Ordinance 2006-33. David distributed information to the Boazd on government accounting, financial reporting and the private sector. He also gave the Board information on Mr. Westbrook's fmal report on the City's audit, bank reconciliations and policy procedures. Two items in the report that the City is looking at is credit card use and purchase orders. The purchase order system has been ordered. David said it had been a pleasure working with the Board of Aldermen, they had been very professional and said he knew the staff felt the same. Parks Discussion Brent said the plans aze in for the Line Creek Trail and it is the City's intention for the designer to attend the April 18's Board meeting with the plans for discussion. City Engineer Comments John explained the information given to the Board regazding back of curb changes, on the Homestead drainage problem. The staff recommends drainage revisions to Homestead to take care of the drainage problems. Back of Curb Changes Alderman Super moved to table the request for motion to approve curb changes Tabled until later in for Homestead drainage until later in the meeting, seconded by Alderman the meeting Dazata, the vote was: Aye: Aldermen Super, Darata, Looker, Legaard, Beazd and Jones Motion carries. Chief's Comments The City needs a new computer server as it is incapable of handling installation of new programs. The tabletop computers need upgrade and training is continuing. Bill No. 2006-42 Alderman Looker moved to place Bill No. 2006-42 on its first reading, Payment of said Bill authorizing the payment of certain indebtedness listed therein, Indebtedness seconded by Alderman Legaazd, the vote was: Aye: Aldermen Darata, Jones, Super, Legaazd, Beazd and Looker. Motion carries. Ordinance No. 2006-42 Alderman Darata moved to place Bill No. 2006-42 on its second reading, Approved and upon passage of same become Ordinance No. 2006-42, seconded by Alderman Jones, the vote was: Aye: Aldermen Legaazd, Looker, Jones, Darata, Super and Beard. Motion carries. Bill No. 2006-43 Alderman Looker moved to table Bill No. 2006-43 until the traverse table is Accep. recommenda- received, said Bill accepting the recommendation of the Planning and Zoning tion of P&Z Comm Commission of the City of Riverside, Missouri and approving the final & approv. final sub- subdivision Plat (Hulen Acres) submitted by Tony Hulen, seconded by division plat (Hulen Alderman Super, the vote was: Acres, Tabled Aye: Aldermen Super, Dazata, Jones, Legaard, Beard and Looker. Motion carries. Bill No. 2006-44 Alderman Super moved to place Bill No. 2006-44 on its first reading, said Bill Approv. & author. approving the form of, and authorizing the City to complete and execute, an city to complete & agreement by and between the City of Riverside, Missouri and Missouri Highways execute an agree- Transportation Commission for State Road Funds to be used to support Regional ment between the city. Blueprint for Roadway Safety Activities and to grant the use of such state road and Mo. Hwy's. & Trans. funds to the City in the amount of $6,732.84, seconded by Alderman Jones, the Comm. for State Rd. vote was: Funds .............. Aye: Aldermen Jones, Super, Darata, Legaazd, Beazd and Looker. Motion carries. Minn. 4-4-06 Ordinance No. 2006-44 Alderman Looker moved to place Bill No. 2006-44 on its second reading, Approved and upon passage of same become Ordinance No. 2006-44, seconded by Alderman Dazata, the vote was: Aye: Aldermen Beard, Looker, Darata, Legaazd, Jones and Super. Motion carries. Bill No. 2006-45 Alderman Jones moved to place Bill No. 2006-45 on its first reading, said Bill Amend. Title VI, Chapt. amending Title VI, Chapter 600.470 and Chapter 600.060 of the Municipal Code 600.470 and Chapter of the City of Riverside, Missouri, to allow a temporary license for the sale of 600.060 of the City Code Intoxicating Liquor and Non-Intoxicating Beer by not-for-profit organizations and to allow temp, license setting a fee of $35.00 per day, and requiring proof ofnot-for-profit status, for sale of intoxicating seconded by Alderman Super, the vote was: liquor and non-intoxica- ting beer...... Aye: Aldermen Legaazd, Beazd, Looker, Jones, Super and Dazata. Motion carries. Ordinance No. 2006-45 Alderman Darata moved to place Bill No. 2006-45 on its second reading, Approved and upon passage of same become Ordinance No. 2006-45, seconded by Alderman Looker, the vote was: Aye: Aldermen Super, Jones, Beazd, Looker, Darata and Legaazd. Motion carries. Bill No. 2006-46 Alderman Looker moved to place Bill No. 2006-46 on its first reading, said Bill Author. Phase 2,3,4 authorizing Phase 2,3, and 4 of the Agreement for Professional Services by and of the agreement between the City of Riverside, Missouri and Berkebile Nelson Immenschuh between the city & McDowell, LLC for the provision of architectural services not to exceed the cost Berbebile Nelson $115,000, seconded by Aldem~an Dazata, the vote was: Immenschuh McDowell... Aye: Aldermen Jones, Super, Dazata, Legaazd, Beazd and Looker. Motion carves. Ordinance No. 2006-46 Alderman Jones moved to place Bill No. 2006-46 on its second reading, Approved and upon passage of same become Ordinance No. 2006-46, seconded by Alderman Darata, the vote was: Aye: Aldermen Looker, Dazata, Legaard, Super, Jones and Beard. Motion carries. Bill No. 2006-47 Alderman Legaazd moved to place Bill No. 2006-47 on its first reading, Author. the Mayor to said Bill authorizing the Mayor to execute an agreement by and between execute and agree. by the City of Riverside, Missouri and Pazk Hill Aquatic Center and the Park & between the city & Hill School District to provide Pool Maintenance and staffing services in the Park Hill School Dist. the amount not to exceed $51,875.00 seconded by Alderman Jones, the to provide Pool Maint. & vote was: Services. Aye: Aldermen Darata, Super, Jones, Beard, Legaazd and Looker. Motion carries. Mins. 4-4-06 Ordinance No. 2006-47 Alderman Looker moved to place Bill No. 2006-47 on its second reading, Approved and upon passage of same become Ordinance No. 2006-47, seconded by Alderman Darata, the vote was: Aye: Aldermen Looker, Darata, Legaard, Jones, Super and Beard. Motion carries. Bill No. 2006-48 Alderman Legaazd moved to place Bill No. 2006-48 on its first reading, Confirming the appt. said Bill confirming the appointment of Mark Ferguson as City Prosecutor of Mazk Ferguson of the City of Riverside, Missouri pursuant to Section 110.040 of the Munici- as City Prosecutor... pal Code and the salary for this position be set at $16,500.00 annually, the position to be part-time, no benefits provided, seconded by Alderman Jones, the vote was: Aye: Aldermen Darata, Jones, Super, Legaazd, Beazd and Looker. Motion carries. Ordinance No. 2006-48 Alderman Looker moved to place Bill No. 2006-48 on its second reading Approved , and upon passage of same become Ordinance No. 2006-48, seconded by Alderman Super, the vote was: Aye: Aldermen Jones, Darata, Beazd, Legaazd, Super and Looker. Motion carries. Bill No. 2006-49 Alderman Looker moved to place Bill No. 2006-49 on its first reading said Bill , Author. & approving authorizing and approving the City of Riverside, Missouri, to acquire certain land the City to acquire certain and improvements and all associ t d land & improvements.... a e appurtenances and improvements by exercise of its power of eminent domain pursuant to the final offer for this land in the amount of $170,500.00, seconded by Alderman Jones, the vote was: Aye: Aldermen Jones, Super, Legaazd, Beazd, Looker and Dazata. Motion carries. City Attorney comments John said this is a purchase by the City in lieu of eminent domain and the reason eminent domain is discussed in the Ordinance is it provides a tax benefit to the landowner without any negative impact with the City. The City must have this land for public improvement, so if the City had not been able to reach a negotiated purchase with the landowner, the City would have had to condemn the property and this was a negotiated purchase pursuant to the City's power of eminent domain. The City performed an appraisal done by an MAI appraiser and that full report was given to the landowner prior to the negotiations, so he was awaze of what the appraiser said, and the purchase price in the ordinance is in excess of that appraised amount by a small factor and the landowner volunteered to sell the land to the City based on that price, which he thought was a fair price. Minn. 4-4-06 Ordinance No. 2006-49 Alderman Jones moved to place Bill No. 2006-49 on its second reading, Approved and upon passage of same become Ordinance No. 2006-49, seconded by Alderman Super, the vote was: Aye: Aldermen Beazd, Legaard, Darata, Super, Looker and Jones. Motion carries. Aldermen Comments Alderman Super asked for an update on NW Gateway. John said the street lighting started today, sodding was supposed to start today or tomorrow and if good weather continues, a1141anes should be open Apri124m. Combination Curb Alderman Looker moved to approve the cost estimate of $13,000-$15,000 Inlet & Grade Inlet for Curb Inlet & Grade Inlet on the west side to capture the drainage from Opt.2 Approved from both sides of the curb, and a curb inlet on the east side of Homestead w/addendums with 24" RCP under the street between the 2 inlets and a Hazed outlet structure & go out for bids to empty into the creek and go out for bids, seconded by Alderman Super, Approved the vote was: Aye: Aldermen Jones, Super, Dazata, Legaard, Beazd and Looker. Motion carries. City Attorney Comments John said the audit report that was previously discussed in closed session on some of the issues, that report is now final, and for open session discussion. It is appropriate to say that this Boazd has addressed all of the issues raised in that report and no one on this Boazd had any knowledge of the issues in the report or was any way responsible, and appreciates the Boazd's commitment to solve the problems before the City has a another audit. John said it had been a distinct pleasure to work for this Board and said there has been tremendous progress. Alderman's comment Alderman Looker asked if all the checking accounts had been combined into one account and David said "No," the new Finance Officer does not start until April 13m. David said she is going to need some time to go through all this and he also said the new Finance Officer had dealt with "Positive Pay". Alderman Looker asked about contracts obtained and not obtaining Boazd approval of contracts. City Attorney comments John said the Boazd adopted a Purchasing Policy and since the policy has been adopted, it has been followed. The Mo. State law is that on contracts not approved by Ordinance by the Boazd, aze not enforceable, but Mo. State law does not allow recovery of those funds from people who got them. Alderman Looker asked if the person signing the contract could at least be made financially responsible and John said, with the Purchasing Ordinance in place, they could be held responsible, not only financially, but possibly criminally responsible. Alderman Legaard asked if her name had been removed from all checking accounts and the bank lock box. David replied the City Clerk had these changed. The City Clerk said she did not know about the lock box, but would investigate. Mins. 4-4-06 Recess A brief recess was called at 8:40 p.m. Reconvened All Aldermen and the Mayor responded to roll call and the meeting reconvened at 8:55 p.m Motion for Closed Alderman Dazata moved that the meeting go into closed session, pursuant to Session at 8:57 p.m RSMo 610.021(1) Legal and 610.021(3) Personnel Issues with the City Attorney, seconded by Alderman Looker, and the vote was: Aldermen Beazd, Dazata, Jones, Super, Looker and Legaazd. Motion carries. All city staff left was asked to leave at 9:00 p.m. except for Chief Mills and David Blackburn. Motion for Open Alderman Jones moved that the meeting go into open session, seconded by Session at 10:15 p.m Alderman Looker, the vote was: Aye: Aldermen Dazata, Jones, Beard, Looker, Legaard and Super. Motion carries. The City is not to Alderman Jones moved to direct the City not to pay $5,000. to Kessinger/ pay Kessinger, Hunter Hunter that Kessinger/Hunter had been directed to pay Oppenheimer by $5,000, Approved Mayor Burch and had not been authorized by the Boazd of Aldermen, seconded by Alderman Looker, the vote was: Aye: Aldermen Jones, Looker, Darata, Beazd, Legaazd and Super. Motion carries. Retirement benefits Alderman Looker moved to pay retirement benefits to Wylie Simpson that had to be paid to Wylie been returned by Lagers to the City, seconded by Alderman Beard, the vote Simpson, Approved was: Aye: Aldermen Beazd, Darata, Super and Legaazd. Abstain: Alderman Jones. Motion carried. Adjournment By unanimous, decision, the board adjourned at 10:30 City Jerk Minn. 4-4-06