HomeMy WebLinkAbout1960-05-03MINUTES OF REGULAR MEETING
OF BOARD OF ALDERMEN
CITY OF RIVERSIDE, MISSOURI
May 3, 1960
A regular meeting of the board of aldermen of City of
Riverside, Missouri was held in Riverside City Hall on May 3, 1960,
at 8s00 p.m. and upon a roll call, aldermen Clark, Klemm, Swetnam
and Young were present and Nelson and McKeon absent. Mayor Filger
called said meeting to order.
as read.
accepted.
Minutes of meeting of April 19, 1960 were read and accepted
Collector's report for month of April, 1960, was read and
Mr. Oscar Terra came to represent Mr. Nigro with regard to
the nursery at ,junction of U.S.Highway 71 and Mo. 45. He stated
he put the roof over the plants for protection and did not know there
was an ordinance prohibiting same. He would be willing to complete
application, but the council wanted to know dust how. long the business
would be there and if it wee permanent, which is the only war
the roof would be able to legally stay there, and also if there was
to be more building going on there. Mr. Terra is to have available
at tte next meeting all information with regard to the nursery.
With regard to the Extension of Valley Lane in Indian
Hills, Mr. E. I. Myers spoke that he inspected the road this date
and found the was a bad one. He stated Mr. Panus agreed to signing
an agreement holding the City of Riverside harmless of all damage
coming out of the situation of rock, dirt, etc. on the said road.
This situation of land slide is practically impossible to correct
as the proper right of way is not there to correct same. Mr. Myer
went on saying as to the form of agreement that Mr. Panus' corporation
might give, I think that is a matter that you should consult with your
attorney. I do not recommend that you enter into any such agreement
with any single person, but Indian Hills Land Company, Inc. could
possible give such an agreement and assurance they would be dependable
for the period of five years. That is about the only thing~.to do about
the situation He stated he did not believe the situation couli be
corrected unless the property was gotten at the top of the hill. To do
it right the hill would have to be moved back to make a proper ledge
to take care of the sluffing at the top. At the time Mr. Myers made
another inspection of the situation with Mr. Panus there wre other
issues brought up with regard to the falling dirt, rock, etc. and
one was the ditching should be sufficient to carry the water coming
from the rocks and also the dirt falling in the ditches, and not only
should the agreement cover the falling of material on the road, but
also to repair any damage to the road, curbing, drainage, etc. and
he understood that the road was to be completed at the earliest possible
moment. He stated Mr. Panus this afternoon said if this couldn't be
worked out, he would do the work himself and make the road a private
one, and maybe that is our solution.
While waiting for Mr. Dorsey 1~. Panus brought up the
matter of the adjustment board having a hearing on the less than 35
ft. set back of some of the houses in Indian Hills, and of course,
that is a matter to be handled with the adjustment board, which he
was advised.
Mr. Myers again stated he thought the matter of the Extension
of ~'a1ae~ Lane for paving was almost agreed upon and it was suggested to
go ahead with the graveling as it has to pack for 60 days. This informa-
tion being for Mr. Dorsey's purpose and Mr. Myers again stating that
at the meeting this afternoon Mr. Panus has offered to assume through
his corporation the liability for removing any material that sluffs
off onto the road or right of way for five years and I told him that
form of agreement was a legal matter and not an engineering one, and
you should pass on that and possibly draw up the document.
Minutes of regular meeting
Board of Aldermen - May 3, 1860, page 2
Mr. Young now raised the question as tot~hose liability would
it be if one of the rocks on his property falls on the road or hurts
some one. Mr. Dorsey said at least during the five year period it
would rest on the corporation as the agreement would have to include
not only removing ma~rial from the right of way, but also injury
~~ persona and property and after the five hear period was up, the
liability would go on the city. The continued maintenance would
then be the city's reagonsibility.
Mr. Myers went on saying Mr. Panus stated if the City
wouldn't agree on something shortly, he would do the work himself
and make it a private road. However, there is another matter the
city is confronted with and that is with the possibility of continuing
falling of rock for some time and it might start the rock falling
from other people's property and whether this would be the liability
of the city or other people, but in order to get it off dead center
and in order to get the road completed, I think (Mr. Myers) the
city is probably or pro a 1~ the right to go ahead on the
five year liability a understanding that
the city would then hat time. The only way to
make it safe would b ~ edges, wh~h would be very costly.
It looks like it is o I or feet from the road, a little more
or less. There is a 50 ft. right of way, and ~6 ft. road back to back,
or this is what it should be.
Mr. Panus stated with regard to the sluffing off of
the pluff, it was sluffing off before he s~~rted with the road aid
he was willing to remove any material sluffing off.
Dorsey asked Mr. Myers if there is much likelihood that after
five years that there will bed slipping of rocks and dirt to get
on the driven part of the road and Mr. Myers said yes, as what we are
now getting is the shell and dirt adhering to the facing of the rock,
but ~~ the air gets to the rock it breaks off, it will take time for
this slippage. Another thing that will aggravate it is the type of
weather (wetness) that we have, rain and snow, which loosens the
surface under the rock.
Dorsey asked if it was possible to ditch equivalent to
handle this falling material, and Mr. Myers said that it would help,
but Mr. Panus has a limited area to ditch and he needs to have a
ditch to take care of the water coming off the rock. At the end of
the five years, would it be your pinion to have a ditch deep enough
to more than handle the water and keep the rock and dirt from falling
on the driven part of the road, and Mr. Myers said it would depend on
from how high up the rock fell whether it would go in the ditch or
on the road.
and
Mr. Dorsey said we could draw up con rac or document if the coundil
is in agreement with Mr. Panus' proposal.
It was reported that Midwest Precote advised the paving of
this road was considerably more than their second time of measuring
and from the beginning it was understood that Mr. Panus would bear
$500.00 of the cost; however latter it was developed as stated Mid-
-" West Precote Company found it would take less material to pave the
road, and that all over $3500.00, Mr. Panus would pay. Mr. Panus
was requested to furnish check for amount in excess of $3500.00,
but he stated he would furnish the cheek dust as soon as the definite
amount is reached and after the work has been done and bill received
from Mid-West Precote.
Mr. Dorsey wants to go on record that the city will do Thist
He realizes everyone wants to go ahead with this and technically we
should have the other contract about the maintenance of the road. We
can go ahead and accept this with the understanding that we will not
improve this road until we have the contract with regard to the
maintenance of this and we will do it in about a day or two. We
Regular Meting of Borad of E9dermen
Page 3 - May 3, 1960
will accept the road now; we should have the agreement of maintenance
the same time with the deed. This deed is the deed prepared Bor
street purposes and Mr. Panus has the deseription.aarxm~rwm~~
We have ordinance now to pass this date.
Young moved that the bolding permit request of Ralph V. Kahler
be approved sub~eet to the statement noted thereon, seconded by Klamm,
the roll was called and votes were as follows: Clark-aye; Klamm-aye;
Nelson-absent; McKeon-absent; Swetnam-aye; and Young-aye;
Young moved that Bill No. 206-a-1 being an ordinance
accepting a deed for street purposes from Indian Hills Land
Company, Inc. of certain land located in Indian Hills Addition
and known as an Extension of Valley Lane and directing the City Clerk
to cause said deed to be recorded in the recorder of deeds office
in Platte City, Missouri, seconded by Clark, the roll was called and
votes were as follows Clark-aye; Klamm-aye; Nelson-absent; McKeon-~~aent;
Swetnampaye; Young-aye, and Bill No. 206-f-a, was accordingly read.
Clark maed that rules be suspended and Bill No.2Q$6-;-~„~e
placed on its second reading, seconded by Klamm, the roll was called
and votes were as follows Clark-afire; K1amm-aye; Nelson-absent;
Swetnam-aye; McKeon-absent; Young-aye. and bill No. 206-~-,was
accordingly read.
K1amm moved that rules be suspended and Bill No. 2D6-A ~,
be placed on its third reading and upon passage of same become
Ord. No. 206-.11-~, seconded by Clark, the roll was called and votes
were as follows: Clark-aye; Klamm-aye; Nelson-absent; McKeon-absent;
Swetnam-aye; Young-aye; and Bill No. 206-~-~ was accordingly read,
approved by Mayor Filger and became Ord. No. 206-~-~.
Young moved that Bill No. D-60-8 being bill
appropriation of money out of the general fund of the
for tye payment of certain indebtedness as follows be
first reading:
Southwestern Bell Telehpone Co. (SH 1-1191 Sc SH -1-15
Park Pharmacy RX Dept. (Supplies Police Dept.)
Filger Oil Co., Inc.(Two tires olice car)
The Gas Service Co.(Gas Service
providing for
City of Riverside
placed on its
~1) 39.9 5
26.85
43.74
6106
Standard Sealcoat Company(Ditch City Hall road-resurface City
Hall Road, Florence Road and St. Joe Bvd.) 2273.03
GelhaFr Uniform Co.(Belt for Uniform) 5.50
Dorsey & Pratt(Per statement of May 3, 1960) 165.00
Bill Allen Chevrolet, Inc.)(Repair police car) 27.05
Welter Government Systems Co.(Hniform Traffic Tickets) 15.55
Donald L. Seneker(Asst Chief of Police~72.82 plus 1.50 feeding
prisoner) 178.32
Frank Maudlin(Lt.) 97. 9
3
Robert R. Clark(Policeman) 46.56
Russell G. Piburn (Policeman 25.81
Irene Paulhe(Sec. to council 48.50
Helen Brophy Collector) 24.25
Internal Revenue Service(State 1-2-3-1960) 152.10
seconded by Clark, the roll was called and votes were as follows Clark-
aye; Klamm-aye; Nelson-absent.; McKeon-absent; Swetnam-aye; Young- aye;
and Bill No. D-60-8 was accordingly read.
Klamm moved that rules be suspended and Bill No. D-60-8 be
placed on its second reading, seconded by Clark, the roll was cal led
and votes were as follows: Clark-aye; Klamm-aye; Nelson-absent; McKeon-
absent; Swetnam-aye; Young-aye; and Bill No. D-60-8 was according ly
read .
rulestbe suspended and
Klamm moved that~Bill No. D-60-8 be placed on its third reading
seconded by Clark, the roll was called and votes were as follows
Clark-aye; Klamm-aye; Nelson-absent; McKeon-absent; Swetnam-aye;
Young-aye; and Bill No. D-60-~ was accordingly read, approved by Mayor
F31~ier and became Ord. No. D-60-8.
Regular Meeting of Borad cf Aldermen
Page 4, May 3, 1960
Klamm moved meeting adjourn, seconded by Clark, meeting ad~ouned.
^Minutes read and approved as read this1L~ay of May, 1960.
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