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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. 1!~- ~s 1966 A+~~, 6i~Yt ~ Hem Dom, Desra~ty~ 1.e:as~ mt~t't~s +~P maetl,~ eS tttd t3f' A1~1~ mt ~tiv~t, llielt i h31d M~ ~: ~.9~. ~retx~a ~e- x't~E,tt~io~ 3z~ the dis~ss2~c+a off` ]t~si~ ~~` ~~~~~L+~ss bit ~ ~~ 1a~ ail +' ~lmgs you +11MR„Y '~-w~~ rs ~ !liss~a ~-!' . ~-tsx~r very t~s ~~~ vt~ t3su-lats