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Home My WebLink About1953 Authorizing the City of Riverside to Issue a Contingent Building Permit BILL NO. 2023-062 ORDINANCE NO. /9S`3 AN ORDINANCE AN ORDINANCE TO AUTHORIZE THE CITY OF RIVERSIDE TO ISSUE A CONTINGENT BUILDING PERMIT WHEREAS, the Missouri Gaming Company, d/b/a The Argosy Casino and Spa ( the "Argosy") operates a casino, within the City of Riverside, Missouri ("City") at 777 NW Argosy Parkway, Riverside, MO 64150; and WHEREAS, the Argosy is licensed and regulated by the Missouri Gaming Commission, pursuant to the Constitution and laws of the State of Missouri; and WHEREAS, the legislature of the State of Missouri truly agreed and finally passed SB 26 on May 19, 2021 , and SB 26 was signed by the Governor on July 14, 2021 , which amended the definition of "Excursion gambling boat' to include "any nonfloating facility' which was defined within the same section as "any structure within one thousand feet of the Missouri or Mississippi River that contains at least two thousand gallons of water beneath or inside the facility either by an enclosed space containing such water or in rigid or semirigid storage containers or structures"; and WHEREAS, the Missouri Gaming Commission approved Resolution Number 23-052 approving the Argosy's request to transition to a nonfloating facility on August 30, 2023; and WHEREAS, the Argosy has submitted an application for a building permit authorizing the construction work necessary to convert the Argosy casino to a nonfloating facility as further described on Exhibit A attached hereto and incorporated herein by this reference (the "Permit"); and WHEREAS, City Staff recommends the City's Board of Aldermen to authorize the added condition that "This Permit is issued on the condition that if a Missouri state court of competent jurisdiction or the Missouri Gaming Commission issues a final judgment or order, meaning all appeal deadlines have expired and/or all available appeals have been finally decided or dismissed, that the Missouri Gaming Company, LLC's excursion boat is not compliant with Article Ill, Section 39(e) of the Missouri Constitution, then the Missouri Gaming Company, LLC or its assignee or successor that operates the applicable gaming license shall take all steps necessary to bring its excursion boat into compliance with the Missouri Constitution within the delays permitted by applicable law and the City will cooperate with and take all reasonable and legal actions to assist the Missouri Gaming Company, LLC in coming into such compliance." as reflected in Exhibit B, attached hereto and incorporated herein; and WHEREAS, the Board of Aldermen find that including within the building permit requested by Argosy, as contained in Exhibit B, attached hereto and incorporated herein the condition that "This Permit is issued on the condition that if a Missouri state court of competent jurisdiction or the Missouri Gaming Commission issues a final judgment or order, meaning all appeal deadlines have expired and/or all available appeals have been finally decided or dismissed, that the Missouri Gaming Company, LLC's excursion boat is not compliant with Article Ill. Section 39(e) of the Missouri Constitution, then the Missouri JC 17518836.1 Gaming Company, LLC or its assignee or successor that operates the applicable gaming license shall take all steps necessary to bring its excursion boat into compliance with the Missouri Constitution within the delays permitted by applicable law and the City will cooperate with and take all reasonable and legal actions to assist the Missouri Gaming Company, LLC in coming into such compliance." , fulfills a public purpose and will provide an opportunity to further the growth of the City, facilitate the development of Riverside, improve the environment of the City, increase the assessed valuation of the real estate situated within the City, increase the sales tax revenues realized by the City, foster increased economic activity within the City, increase employment opportunities within the City, enable the City to direct the development of Hydro Conduit Lot 1 , and otherwise be in the best interests of the City by furthering the health, safety, and welfare of its residents and taxpayers. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1 — BEST INTEREST OF THE CITY TO AUTHORIZE INCLUDING A CONDITION IN THE BUILDING PERMIT REQUESTED BY THE MISSOURI GAMING COMPANY. It is in the best interest of the City, in order to provide an opportunity to further the growth of the City, improve the environment of the City, foster increased economic activity within the City, increase employment opportunities within the City, further the objectives of the TIF Plan, further build out the public infrastructure and otherwise is in the best interests of the City by furthering the health, safety, and welfare of its residents and taxpayers, to authorize the added condition to the building permit requested by the Missouri Gaming Company ("Argosy") substantially similar to Exhibit B, attached hereto and incorporated herein, that "This Permit is issued on the condition that if a Missouri state court of competent jurisdiction or the Missouri Gaming Commission issues a final judgment or order, meaning all appeal deadlines have expired and/or all available appeals have been finally decided or dismissed, that the Missouri Gaming Company, LLC's excursion boat is not compliant with Article III, Section 39(e) of the Missouri Constitution, then the Missouri Gaming Company, LLC or its assignee or successor that operates the applicable gaming license shall take all steps necessary to bring its excursion boat into compliance with the Missouri Constitution within the delays permitted by applicable law and the City will cooperate with and take all reasonable and legal actions to assist the Missouri Gaming Company, LLC in coming into such compliance." SECTION 2 —AUTHORITY GRANTED. The Mayor, City Administrator, Special Counsel to the City— Spencer Fane LLP, and other appropriate officials and employees of the City are hereby authorized and directed to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents as may be necessary or convenient to perform all matters herein authorized. SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. 1C 17518836.1 BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this 17t' day of October, 2023. ATT� T: obiKKincaid Cit$v Clerk Approved as to form: b �oeednar, Spencer Fare LLP, Special Counsel to the City !C 17SI8936.1 BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this 17th/day of October, 2023. / &4e2i l -`;; Ka leen L. Rose, Mayor ATT T: Robin Kincaid City Cler - • Y Approved as to form: by Joe Bednar, Spencer Fane LLP, Special Counsel to the City JC 17518836.1 EXHIBIT A BUILDING PERMIT APPLICATION FOR MISSOURI GAMING COMPANY'S TRANSITION TO A NONFLOATING FACILITY JC 17518836.1 CITY OF . RIVERS DE Upro am from ordinary. THE CITY OF RIVERSIDE, MISSOURI Building Permit Application 2930 N.W.Vane Rd.60150 1116-701-)993 Fax t16 464309 WWW tivanddCr0.99r Permit No. 777 NW Argosy Parkway 9J1312023 Project Street Address: t3.re suds $ 550,000 Legal Description:Subdivision __.. Lot_..Block Cost ofCmatruction:$ Zarin•District: I R-I R-2 R-3 C O OP-1 D Please check all applicable boxes 7 r pan of Permit;Ix 1 Building I I Plumbing I 1 Electric( I Heating and Cooling( )Demolition'•I xi Other Dry Dock Casin Intended Use;I XI Commercial[ I Single-Family Residential( I Multi-Family Residential[ )Industrial I J Other I 1 New Construction•••[ ]New Deck[ I Repair Deck•1 )Fence[ j Retaining Wall••• I I Foundation Repair••• [x I Repairrimprovement I. 1 Tenant Finish•••I I Addition•••I ]Detached Accessory Building[ I Weather/Fire Damage"' •Deck repair means;replacement only of Decking Boards-complete removal,then check New Deck ••Requires City be Named as additional insured on insurance certificate-copy filed with Riverside •••Requires Engineer sealed design Adopted Codes:2018 IBC,MC.IPC,IFC:C,IRC,IFC&21111 NEC Iei_[4rrrf�ee'_.f,wrk so M�eel under tarn phials Install steel and Cement blocks under the casino floor to allow the floor to come to rest on Me docks. Argosy Casino Hotel and Spa Applicant: GregPersonelli Namal3usineaa Name 9 Y P Individuals Priaal Neu . Address:777 NW Argosy Parkway 1'0 Box: City:Riverside Stitt, MO Zip Code 60150 Bus.Phone:816-746-3731 Fax'rErna"'greg.personellir pennenterta nment.com Owner-Please print or types The Missoun Gaming Compan d Yitrggsy aline Hotel and Spa Address.777 NW Argosy Parkway PO nux: city:Riverside State.: MO lip Code' Phone Fax. and __ R Contractors General Northern Diving Plumbing Electric _-_ HVAC• I hereby de tun riot-n t iefd,,4Yea submitted with this Application to be true and urtvmte to Me bear of my knowledge and Mar Iliad inu{reaonr will take precedence over submitted plum Wart earonarhllie°fall a°ra typ w eforad under Mir permit C` Signature' DaleA`�3 Commerc al No.Stories:_ _Square lea-each story. Total sure Be: _.----- --Occupancy Gntup_ _ WC Chapter 3 Residential #.studio. __Squre Pot fire _ tee and Be _Orrl Occupancy Group/Building Code.R-t,ISCl I R-2,IBC I I S-/IRC I I FEES Amami:3 _.-Dar: I I Cast C eeket_ Reeeelpte Lid by:I l Owner I ICeetnerer APPROVALS Signature of Stan` Date: LZA Dale:_ _P!Z Date_--_—. BOA Data Primal Name of Staff: APPROVES BY: DIME. EXHIBIT B CONDITIONED BUILDING PERMIT APPLICATION FOR MISSOURI GAMING COMPANY'S TRANSITION TO A NONFLOATING FACILITY JC 17518836.1 CITY OF RIVERSIDE EXHIBIT B MISSOURI' Upstream from ordinary. THE CITY OF RIVERSIDE, MISSOURI Building Permit Application 2950 N.W.Vivion Rd.64150 816-741-3993 Fax 816-746-8349 www.riversidemo.com Permit No Project Street Address: Date filed: Legal Description:Subdivision Lot Block Cost of Construction: S Zoning District:[ I I [ ]R-1 [ 1R-2 [ ]R-3 [ ]C [ ]CPO [ ]GP-1 [ IPD Please check all applicable boxes Type of Permit: [ I Building[ ] Plumbing[ ] Electric [ I Heating and Cooling [ ]Demolition** I I Other Intended Use: [ ]Commercial[ ] Single-Family Residential[ ] Multi-Family Residential [ ] Industrial [ ]Other [ ]New Construction*** [ ]New Deck[ ]Repair Deck* [ ]Fence[ ]Retaining Wall *** [ I Foundation Repair*** [ ]Repair/Improvement[ ]Tenant Finish*** [ ] Addition*** [ ] Detached Accessory Building[ ] Weather/Fire Damage*** *Deck repair means;replacement only of Decking Boards-complete removal,then check New Deck **Requires City be Named as additional insured on insurance certificate-copy filed with Riverside ***Requires Engineer sealed design Adopted Codes:2018 IBC,IMC,IPC,IFGC,IRC,IFC&2011 NEC Brief description of work to be performed under this permit Applicant: Name/Business Name: Individuals'Printed Name: Address: PO Box: City: State: Zip Code: Bus.Phone: Fax:Email: Property Owner: Owner-Please print or type: Address: PO Box: City: State: Zip Code: Phone: Fax:Email: Contractors General Plumbing Electric HVAC I hereby declare that all information submitted with this Application to be true and accurate to the best of my knowledge and that field inspections will take precedence over submitted plans. Applicant assumes responsibility of all work being performed under this permit. Signature: Date: This Permit is issued on the condition that if a Missouri state court of competent jurisdiction or the Missouri Gaming Commission issues a final judgment or order,meaning all appeal deadlines have expired and/or all available appeals have been finally decided or dismissed,that the Missouri Gaming Company,LLC's excursion boat is not compliant with Article III,Section 39(e)of the Missouri Constitution,then the Missouri Gaming Company,LLC or its assignee or successor that operates the applicable gaming license shall take all steps necessary to bring its excursion boat into compliance with the Missouri Constitution within the delays permitted by applicable law and the City will cooperate with and take all reasonable and legal actions to assist the Missouri Gaming Company,LLC in coming into such compliance. FEES Amount:$ Date: I I Cash Check#: Receipt# Paid by:I I Owner I (Contractor APPROVALS Signature of Staff: Date: BZA Date: P&Z Date: BOA Date: Printed Name of Staff: