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HomeMy WebLinkAbout1998-08-04fQ MINUTES OF REGULAR MEETING OF BOARD OF ALDERMEN OF CITY OI~' RiVE:RSIDE. MISSOURI AUGUST 4. 1998 A regular meeting of the Board of Aldermen of the City of Riverside. Missouri, was held in the City Hall in Riverside, Missouri on August 4, 1998, at 7:30 p.m. Those in attendance were: Mayor Ed Kule. Aldermen Ron Super. Brenda Teters. Pamela Darata, Betty Burch. Ray Beard and George Flaws. Also present were Ann Daniels. City Administrator and Irene Paulhe. Secretary to the Board. Minutes of 7-21-98 Alderman Teters moved that the minutes of July 21. Approved. 1998 be approved, seconded by Alderman Super. the vote was: Aye: Aldermen Super. Teters. Darata, Burch, Beard and Flaws. Motion Carried. Minutes of 7-30-98 Alderman Burch moved that the minutes of the Approved. Special Meeting of July 30. 1998. be approved. seconded by Alderman Beard. the vote was: Aye: Aldcrmen Super. Teters. Flaws, Burch. Beard and Darata. Motion Carried. John & Gail Giesekc John and Gail Gieseke. 4323 NW 52nd Street, spoke 4323 NW 52nd St. to the Mayor and Board of Alderman regarding a tree Request for reimbursement they had transplanted and asked the City for for transplant of tree reimbursement of the cost. Because Northwood Road on Northwood Road. is being improved. the tree in question was on the temporary easement and would have to be cut down, and rather than being paid for the tree. the Giesekes chose to have the tree replanted at the cost of $250.00. This matter was discussed. Aldcrman Burch moved that the City reimburse the Giesekes $250.00. the cost to replant the tree which would have to be cut down during the improvcmentof Northwood Road, seconded by Alderman Darata. the vote was: Aye: Aldcrmen Burch. Beard, Flaws. Darata and Super. Abstain: Aldcrman Teters. r t Motion carried. Judy Hubble. 2001 NW Judy Hubble. 2001 NW Woodland. spoke to the Mayor Woodland. re canine. and Board of Aldermen and read a letter which she had written to Mayor Ed Rulc. Ann Daniels City Administrator and Board of Aldermen. dated July 22. 1998. which is self-explanatory. attached hereto and made apart hereof. Mrs. Hubbic said she feels because the way she was treated and what has taken place she would like to have a letter of apology. Gary Lilly. 3315 NW 50th Street. re request for description of sani- tation sewer across his property. Motion to providc de- scription to Gary Lilly re sanitation sewer ease- ment. Fiscal Year 1997-98 Audit. Northwood Road. Bids on Park Equipment Bill No. 98-67 Payment of Bills. Mayor Rule said that she would receive a lctter of apology from the City but that the Board of Aldermen had directed Ms. Daniels and city staff to pick up the dog because it was reported as "vicious" in a lctter Alderman Flaws read to the Board. Furthermore. the City Attorney had stated that the City had the responsibility of picking up a vicious dog wherever it was located. Gary Lilly. 3315 NW 50th Street. said that he plans to sell his property and needs a legal description of the sanitation sewer lint which crosses it. Eighteen acres of land is involved at this above address. It appears that no legal description was ever had regarding the sewer tine. This matter was discussed. Alderman Burch moved that the City agrees to providc Gary Lilly a written description of the sanitary sewer easement which goes through his property when Mr. Lilly notifies the City that he has a contract for sale of his property. seconded by Alderman Darata. the vote was: Ayc: Aldermen Darata. Tcters. Beard. Flaws. Super and Burch. Motion carried. Ann Daniels reported that Bruce Culley has started the 1997-98 fiscal year audit. Ann Daniels reported that they are ready to start paving Northwood Road. Ann Daniels reported that bids arc out on the park equipment and should be in around the 10th of August. 1998. Alderman Flaws moved to place Bill No. 98-67 on its first reading. said Bill provides for the payment of certain indebtedness as ]istedtherein. seconded T Minutes of Reg. Meeting 8-4-98 Pagc 3 by Alderman Teters. the votc was: Aye: Aldermen Flaws, Beard. Super, Burch, Teters and Darata. Motion carried. Ord. No. 98-67 Alderman Beard movcd to place Bill No. 98-67 on its Approved. second reading and upon passage of same become Ordinance No. 98-67, seconded by Aldcrman Flaws. the vote was: Aye: Aldermen Flaws, Beard. Super. Burch. Tcters and Darata. Motion carricd. Bill No. 98-68 Aldcrman Supcr moved to place Bill No. 98-68 on its Acceptance of Bids on first reading. said Bill provides for the $6,419,659.24. acceptancc of bids on $6,419,659.24. seconded by Alderman Burch, the vote was: Aye: Aldermen Teters. Darata, Burch, Beard. Super and Flaws. Motion carried. Ord. No. 98-68 Alderman Beard moved to place Bill No. 98-68 on its Approvcd. second reading and upon passage of same. become Ordinance No. 98-68, seconded by Alderman Teters. the vote was: Aye: Aldermen Teters. Darata, Burch, Beard. Super and Flaws. Motion carried. Bill No. 98-69 Alderman Burch moved to place Bill No. 98-69 on its Authorizcs taking of Bids first rcading, said Bill authorizes the taking of on $2.652.000.00. bids for $2.652,000.00 and authorizes the creation of an additional City Depositor for the highest and best bids, seconded by Alderman Beard. the vote was: Aye: Aldermen Tctcrs. Darata. Burch. Beard, Supcr and Flaws. Motion carried. Ord. No. 98-69 Alderman Beard moved to place Bill No. 98-69 on its Approved. second reading and upon passage of same. become T Minutes of Reg. Meeting 8-4-98 Page 4 Ordinance No. 98-69. seconded by Aldcrman Darata. the vote was: Aye: Aldermen Teters. Darata. Burch. Beard. Super and Flaws. Motion Carried. Bill No. 98-%0 Alderman Teters moved to place Bill No. 98-70 on Authorizes Mayor to its first reading. said Bill authorizes the Mayor enter into contract w/ to enter into a contract with William and Elva Clarks to purchase Clark to purchase property located on NW Florence Property. Road. Riverside. Missouri. for the purpose of constructing a post office facility and setting a purchase price. seconded by Alderman Super. the vote was: Aye: Aldermen Super. Flaws. Teters Beard. Darata and Burch. Motion Carried. Ord. No. 98-70 Aldcrman Beard moved to place Biii No. 98-70 on its Approved. second reading and upon passage of same become Urdinance No. 98-70. seconded by Alderman Darata. the vote was: Aye: Aldermen Super. Flaws. Teters. Beard. Darata and Burch. Motion carried. Municipal Court Report MayorRute reported that the Municipal Court Report July. 1998. for the month of 7uly. 1998 has been received. Alderman Burch's Alderman Burch inquired as to who was using the Inquiries/Comments. Community Building at no charge. It appeared Riverside Public Safety Department sponsored the Officer Training Course and the County Election was had in the Community at no charge. A discussion was had regarding this and it was the consensus of the Board that a meeting should be had on who can and cannot use the Community Building at no charge. A meeting will be set at a later date. Alderman Burch also inquired with regard to the Riverfest and if aNon-for-Profit Corporation was formed. The answer was that a Non-Por-Profit Corporation had been formed. Recess - Meeting recon- A recess was called. The meeting reconvened and r ~ Minutes of Reg. Meeting 8-4-98 Page 5 vened. those present were: Mayor Ed Rule. Aldcrmen Supcr, Teters. Darata. Burch, Beard and Flaws. Also present wcre Ann Daniels. City Administrator and Irene Paulhe Secretary to the Board. Closcd Session (8:45 p.m.) Aldcrman Teters moved that the meeting go into closcdscssion pursuant to RSMU 610.021(1). (2) and (3). for discussion of legal issues. real estate matters and personnel. seconded by Alderman Super. the vote was: Aye: Aldermen Supcr. Tctcrs, Darata, Flaws, Burch and Beard. Motion Carried. Open Session (9:05 p.m.) Alderman Super moved that the meeting go into regular session, seconded by Alderman Burch, the vote was: Aye: Aldermen Super, Flaws, Tcters, Bcard. Darata and Burch. Motion carried. Adjournment. Aldcrman Super moved that the meeting adjourn, seconded by Aldcrman Teters, the vote was: Aye: Aldermen Super. Teters, llarata, Burch, Beard and Flaws. Motion c tried and, he meeting adjourned at 9:06 p.m. Irene Paulhe, Secretary to the Boar f ~ -. , August 2, 1998 Mayor Ed Rule, City Administratat• Ann Daniels, and Riverside Board of Aldermen: My name is Judy Hubble. I live at 2001 Northwest Woodland in Indian Hills. I would like to bring to the Board's attention something I consider a mishandled situation. On or about the 15th of July, a small, black dog showed up in our neighborhood. After a few days, we decided the dog had been abandoned. My husband, Duane Hubble, called to see if Animal Control could pick up the dog. We were told Riverside didn't have Animal Control. The dog stayed around and was t}iendly with our fourteen year old dog. We were thinking about keeping the dog since he got along so well with our dog. We then started feeding him and placing him in our fence July 19th on a trial basis. The morning of the 22nd, I let both dogs out to run while I walked to my mailbox. My neighbor across the street started yelling at the black dog to get out of her yard. She told me she was going to call City Hall and get Animal Control to pick the dog up because she couldn't stand the "dog poop" in her yard. She stated it made her "sick" to pick it up. I informed her of Duane's call to the City earlier in the month. She said she would "get their attention" because she would call the TV stations to have them investigate why the City can have new buildings, buy new trucks, and pay big salaries, yet, not be able to afford Animal Control. I put both dogs back in the fence and went to work. When I came home for lunch, the black dog was no longer in the fence, but the gate was closed. There was no message on my answering machine and no note left on my door informing me of what had happened to the dog. That evening, our neighbor called to tell my husband that twenty minutes after she called the City, an unmarked van with two men came out and took the dog from inside our fence. Duane's remark to her was we were working with the dog and someone should have talked to us before taking him. I called the police station that evening to see if they had picked up the dog. Linda, the dispatcher, who was nice and very helpful, said there was nothing in their log that an animal had been picked up. She said she would try to get more information and call me back. When she called back, she said two maintenance men from the City had picked him up. I made the comment that they can not just come into my yard when I am not home and take something off my property without even notifying me. She said I should direct my concerns to Ann Daniels. Linda later called to inform me that the dog was in a maintenance building with water and food. She stated we could come down in the morning to get him. The following morning, Duane went to City Hall to speak with Ann Daniels and to get the dog. Ann said she was sorry, but the dog ran away when they opened the door. 1' When I talked to Ann Daniels, she was short with me and said the City Attorney, Steve Crystal, told her she didn't even have to talk to me. She also stated he told her that the City did have the legal right to come onto my property and remove a vicious dog. The following Monday, July 27, Candy, a police dispatcher, called and said they had found a black dog. She said we could come down and see if it was the dog who had been taken from our fence. It was the same dog. We took him to )eagle Animal Hospital to Dr. Jim Sparks where he was given shots. I purchased a license for the dog that same day. Attached, please find a letter from Dr. Sparks regarding the dogs behavior. It is a blatant contradiction that a dog who was deemed "vicious" on July 22nd can be returned to us and licensed in the City of Riverside on July 27th. The dog is not and never has been my real issue. My primary concern is that Ann Daniels believes she can authorize city workers to come onto my property and remove something without giving written or oral notification. I do not feel this was done with malicious intent, but out of very poor decision making. However, the fact remains that I was denied due process of law which is unconstitutional. I have lived in Riverside moat of my adult life. As a law abiding, tax paying oitizen of Riverside I feel I deserve a formal, written apology from the City Administrator not only for what happened, but for the rude manner in which I was treated. I assume this was due to her fear of a lawsuit, which I had no intention of bringing against the City. I thank you for your time and patience and expect a reply soon Judy Hubble •, eagle animal hosp~al. inc. Smal/Animal Surgery and Medicine Pro/esslonal Staff Receptionist J. E. Cupp, DVM Christi Krouse J. T. Sparks, DVM Christy Johnson C. Q. Wilkerson, DVM Tracy Caswell R. S. Espey, DVM Technicians Laura Tiller Kim Brackman Kendra Roberts Charmayne Faulconer ~O Cti i~ o r~t~l i - / f'Vi ~~ L O M C ~ /~ ~'I ~ / ~1. C ~~LtG(~/ /2'! Le~GC~ ~~ `q I~ C .yt.()~Q ~ ~/~ B ~ V ~ c~~y /7!~ ~O /GS / /J~ p j0 e ,^ 'r , ! 7~Z 2 ~9 ff/ L~ ~-s ~ /' P s t K Y~e~/" ~o /~^^~ r7 o s~ , `~~c / -~d' ~" P~~.1~~7<~oh /Z~~~ ~ -~ goy wuf , ~~ u S ~,z-f1~~~, ~.~~~~,~,~~~... Gnv.~Cr~t~trt~ ~ 1"~'//J~mr.~Gol /~O c°bi'G~PNGC d'~Gt~f'r~SS~Oo~~ z~ ,~ oo,'~.~o h ~; S ,~ ~ w~ ~6~~ -f~.3 goy ~o~i~ ~~ V i~G/`OrJ~~ T~Y h`v~p/~° ~aE-~.1~ ~ias '~.~.kery ~~'r1~t<~a.~rPt~o~s-1l~ ~~ !1 ~°v ~~PY DL p/P~`O/ n-~ ~t ems. ~'tLi /'k!~'~~ 'r -~~ y/D~/ ~~-~ ~(/ pv /, ~G~ ~ S ~j~t~p ~1 S ~C/ l~~I. 4825 N. W. Gateway • Kansas City, Missouri 64151 • 816841-2345 • Fax 816/741-4229 x