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HomeMy WebLinkAbout1994-03-15.... . MINUTES OF REGULAR MEETING OF BOARD OF ALDERMEN OF CITY OF RIVERSIDE, MISSOURI MARCH 15, 1994 A regular meeting of the Board of Aldermen of the City of Riverside, Missouri was held in the City Hell in Riverside, Missouri at 7:30 p.m. on March 15, 1994. Those present were Aldermen Wedua, Tetera, Karr, Merahall, Rule end Auat. Mayor Betty Burch called said meeting to order. Marilyn Brenner, 5111 NW Northwood Road, Chairman of the Riverside Campaign Committee to Vote "YES" for the Gambling on Riverboats, Reported she has yard signs, banners, direct mail, door hangers and advertisement. Anyone who would like to have any of these items is to contact her. There will be a parade on Monday, April 4, 1994 in Riverside and there will be a door-to-door campaign. Ned Finny, 5535 Farrow, Kanaea City, Kansas 66104, presented application for Business License for Commercial Real Estate Agency CJohn Brown's formerly Elke Enterprises>, 210 NW Platte Valley Drive. Bernie Vulgamott, 2501 NW S5th Ter., K. C., Mo 64154 presented a Special Uae Permit, Change of Uae Application and Business License Application for Uaed Car Sales at 2703 NW Platte Road. He Haa drawings for Phase I and Phase II. Alderman Karr moved to approve the change of use permit, presented by Bernie Vulgamott, from sign company to used car lot, seconded by Alderman Rule, the vote was Aldermen Wedua, Auat, Tetera, Rule, Karr and Merahall, yea, aub~ect to the payment of the fee. Aldermen Rule moved to approve the Special Uae Permit presented by Bernie Vulgamott for Uaed Car Lot, seconded by Alderman Karr, the vote was Aldermen Auat, Wedua, Rule, Tetera, Marshall and Kerr, yea, aub~ect to the payment of the fee. The Business License for Bernie Vulgamott Uaed Car Lot was approved aub~ect to the payment of the fee. Ron Jones of Kaw Valley Engineering, 122 NW Parkway, and Scott Olson of WRS, 120 NW Parkway, had presented a Special Uae Permit and Building Permit for the temporary fac111ty of Missouri Gaming Company. Scott Olson explained the drawings step by step. The Planning Commission had a hearing on the amendment to the Zoning Order to include temporary buildings in the flood way by special use permit and recommended approval. Larry Reece, Zoning Enforcement Officer and Mayor Betty Burch explained to the Board and other present what had taken Page 2, Min. of Reg. Meet., 3-15-94 place when they met with FEMA. Alderman Karr moved that this meeting be continued until March 22, 1994 to consider the amendment to the zoning order and the Special Uae Permit and Building Application, seconded by Alderman Tetera, the vote was: Aldermen Auat, Wedua, Karr, Marshall and Tetera, yes; Rule abstained. Pete Tezon, 511 NW Cherokee Drive C741-1848), spoke to the Mayor and Board about the water running down on his house from the property above him. He avid it is worse than two years ago when he had moved there. Mayor Burch said she will contact the City Engineer to have them look over the situation and advise me Tezon of the outcome. Ed Young and Gary Wahl spoke to the Mayor and Board and presented drawings of his proposed new building. The new building would be approximately 350'x 200', with two entrances and two exits to the building. The docks where the trucks unload will be enclosed. The back of the building will be landscaped ,7uat as the front would be landscaped. They plan to hove groceries, fresh fish, bakery, gourmet food and perhaps a tea room. It wea suggested a cleaners, video and hardware. Mr. Young said there is a chance they could be opened by Christmas of this year. Alderman Mnrahall naked Mr. Young if he had any objection to the City using the property he donated as a park for the Argosy people temporarily using part of the area for a period not to exceed three years. Mr. Young avid he had no objection. Mr. Young said that when the Argosy people came to the City Baking if they could use the area on a temporary basis, until they build their permanent structure, that the Mayor end he went to the Salvation Army people and changed the deed on the property with the permission of the Salvation Army people, to enable Argosy to use the area on a temporary basis. Alderman Mnrahall said he wanted to get Mr. Young's feelings with regard to this property being used on a temporary basis by Argosy, he wanted to clear up this matter and wanted to make sure there was not problem. He said he has no objection to the City using the property for the Riverboat Gaming Company. Mra. Vickie Richardson, 1903 NW 45th Ter. wanted to know if the City had a committee or someone working on getting Vivion, N W Gateway and NW Platte marked at the crossings for pedestrians to cross. She thought these are dangerous crossings and thought it would be better to get these crossings marked before a serious accident. Mayor Burch i I Page 3, Min. of Reg. Meet., 3-15-94 suggested that she write the Missouri Highway Department and will get her the name and address to whom she should write or call. A recess was called. Meeting reconvened and those present were Aldermen Wedua, Tetera, Karr, Marshall, Rule and Auat. Mayor Burch presided over the remainder of the meeting. Larry Reece spoke to the Mayor and Board concerning what FEMA paid the City on flood damage expenses. He said on the trash and debris containers and removal, they paid 90x of 5228,721.00. Of the emergency acts in the earlier stages of the flood in the amount of 547,249.00, FEMA paid 50x. Larry Reece said he is in the process of appealing to SEMA. He has talked to SEMA and will meet with them this following Thursday. There is a possibility that of the 520,000 the City wea not reimbursed, it could possibly get SOx. He calculates that FEMA paid 90% and SX SEMA; and the City Sx. FEMA paid 55,518.00 of the administrative salaries. The meals were not provided for, the City Paid for those. With regard to the two farm pumps C310 horse powers) used on Riverside Street, the service was 575.00 per hour for a total of 187 hours which equals 514,025. FEMA pays only 532 per hour on 310 horse power pumps and 90x would be 55,385.60. The remaining balance is 58,639.40. The Mayor and Board felt the City should not pay anything on this and should send the remaining bill of 58,639.40 to John Brown. With regard to the David Theatre, the DSR wants additional documentation. If the city does not rebuild or purchase a building, then it will not be reimbursed. The amount it can be reimbursed is nearly one million dollars. If the City purchases a building or has one built, the architect will identify the building and the City will receive the money, but not until this is done. If they approve the building they will give ua approval for all the amount. Alderman Marshall said he understood that the City would build the community building where the football field is. Aldermen Auat moved that the City construct or purchase a building equal to the square footage of the David Theatre, seconded by Marshall, the vote was Aldermen Auat, Wedua, Rule, Tetera, Karr and Marshall, yea. Mayor Burch said that the City identified the lose of equipment in the David Theatre. The contents were insured. The DSR deducted from the 5900,000, the amount paid by the insurance company, i.e. 575,000. p I Page 4, Min. of Reg. Meet., 3-15-94 With regard to the road issue, 1a was thought to hold off on the repair of Mattox, VanDePopulier and DeConich Streets until the levee is repaired. The survey crew is marking the center line of the streets. Mr. Babcock hea put some rock on the south end of Mattox Road. The tubing for Mattox to be placed between No. 9 Highway and the Railroad Tracks was delivered and needs to be put in place and the road to be elevated. At the lest levee meeting held, they were trying to get a grant, however, the City's approval would have to be on the application. Bides are to be obtained on sweeping the streets. The clean-up days will be April 15, 16, and 17 and April 22, 23 and 24, 1994, when the dumpaters will be furnished. Larry Reece said that the work crew on cleaning up L1ne Creek moved to the south aide of railroad tracks and coming up the creek. Thies work is done at no coat to the City. Alderman Marshall moved to place Bill No. 94-16 on its first reading, seconded by Alderman Knrr, the vote was: Alderman Karr, aye; Alderman Marshall, eye; Aldermen Tetera, aye; Alderman Rule, aye; Alderman Auat, aye; and Alderman Wedue, aye. Thies B111 provides for the payment of certain indebtedness as listed therein. Alderman Karr moved to place Bill No. 94-16 on its second reading, seconded by Alderman Marshall, the vote was: Alderman Karr, aye; Alderman Marshall, aye; Alderman Tetera, aye; Alderman Rule, aye; Alderman Auat, aye; and Alderman Wedua, aye. Upon the Bill having been made available for public inspection prior to consideration of the Board of Aldermen, 8111 No. 94-16 was passed. The Minutes of January 27, 1994 were read and approved. The Minutes of March 1, 1994, were read and approved as corrected. Mayor Birch said that the report for the month of February, 1994, of the Municipal Court from Kathy Roae was received this date. Alderman Auat inquired whether there is an estimated time of repairs to the levee. Mayor Birch said at the last meeting, she agreed to help with the CDBG grant application. However, Bob Gieseke reported to the Board that the Soil Conservation department may give them the money to repair the levee - approximately 575,000. However it was the consensus i I Page 5, Min. of Reg. Meet., 3-15-94 of the Board that the Levee District waa going to borrow the money to repair the levee. They have gotten a contract to repair it the latter part of May or early June, 1994. With regard to the Clarke' property, City Attorney Don Witt has sent the City documentation to tear down the building in question. Thies has to be served on the Clarke. After it is served, they have fifteen days to respond to the Board of Aldermen. Mayor Burch read a letter addressed to her from Kay McMurry advising that she was resigning from the Planning Commission. Alderman Marshall moved to accept the resignation of Kay McMurray from the Planning Commission, seconded by Alderman Karr, the vote wee Aldermen Wedus, Tetera, Karr, Mnrahall, Rule and Aust, yea. Mayor Burch recommended the appointment of Steve Warger to the unexpired term of Kay McMurray on the Planning Commission. Alderman Kerr moved that the City accept the recommendation of the Mayor and nppoint Steve Warger to sever the unexpired term of Kay McMurray, seconded by Alderman Marshall, the vote was Aldermen Aust, Rule, Marshall, Kerr, Tetera end Wedus, yea. A recess waa called until 7:30 p.m. on March 22, 1994. The meeting reconvened on March 22, 1994 at 7:30 p.m. Those present were Aldermen Wedus, Tetera, Karr, Marshall, Rule and Aust. Mayor Betty Burch called said meeting to order. Mayor Burch inquired whether or not all the people present are on the agenda, specifically those who went to be. Leonard Rose, representing Argosy, said he may want to say something later, but waa mostly here to observe. Richard Carlisle, representing Trillium, did want to be on the agenda. Mayor Burch said that on March 15, 1994 the Mayor and Board left the meeting with a copy of an ordinance amending the zoning order. The meeting waa left open for anyone in the audience who wished to be heard, could do so. Bob Gieaeke, said he still uses the Rlveraide nddreas of 4204 NW Mattox, even though he does not live there. He P I Page 6, Min. of Reg. Meet., 3-15-94 wanted to find out a couple of things. He thought this was a very bad precedent the City waa setting in amending the ordinance allowing buildings in the flood way. He said he didn't know if this was spot zoning or selective zoning. He wanted to know if this was changed would the City let everyone build in the flood way who wanted to be there. He said you know the City has not ever singled anyone out. Mayor Burch said that if some one south of the Railroad Tracks and Weat of I-635 came in with a plan and something they wanted to do, I can tell you that I would give them every consideration, like we are doing now. We are playing no fevoritea. Alderman Marshall said he personally looks at the Argosy project ea what will be the best for the City. Since the flood and the City lost income, he hae taken this in to consideration. He felt Argosy has gone to lots of trouble to come up to our guidelines and if you will see whet the City will get from this and it is to the City's advantage to get this economy incurred, everyone would favor it. I haven't seen too many people to invest this type of capital on a temporary basis and to bring new type of income into the City which will make a good impact in the City. I speak from my particular area and I do not intend to be unfair to anyone. Alderman Tetera said she agreed 100x with what Mayor Burch and Alderman Marshall said. I believe that we have redesigned the use of the property south of No. 9 Highway. I do not believe we have neglected the property south of the railroad tracks because of the study which has been made. If someone come to me with some kind of plea, I feel we would have to look at it and evaluate it on its own basis. Amos Cox was in the audience ea an observer. Phil Snowden waa an observer also. Richard Carlisle, ettorney for Trillium Corp. who owns property near the Argosy project spoke. He avid first he is not totally clear how the City proceeds. He was provided with a copy of the agenda for this week. Thies is the first time that we have been provided with an agenda. The first thing on the agenda is the ordinance to discuss and subsequently there will be discussion on the special use permit, building permit and business license. Mr. Carlisle said with respect to the ordinance, he would ask a question of Mr. Will or the Mayor or anyone else. Has this been noted by anyone else before it went to the Planning Commission. He Baked Mr. Witt to provide him with the planning Commission Ordinance and copy of the agenda. 1 I Page 7, Min. of Reg. Meet., 3-15-94 Mr. Carlisle would like a copy of the minutes of the Planning Commission, any minutes pertaining to items on tonight's agenda, also a copy of any legal notices that have been published in the paper. Any notices that have been provided to surrounding property owners, any notices of any description pertaining to this ordnance. Mr. Carlisle: For the record stated his office had made numerous requests for records and that he would provide the City Attorney with a 11at of what he still wanted. Mayor Burch said on the agenda th®re is an item that includes n vote to close part of the meeting pursuant to Section 610.021 (1) legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communications between a public governmental body or its representatives and its attorneys. Alderman Karr moved that the meeting go into closed session pursuant to Section 610.021 <1) potential litigation and any confidential or privileged communications, seconded by Alderman Teters, the vote was Aldermen Wedua, Tetera, Karr, Marshall, Rule end Auat, yea. Alderman Karr moved that the meeting go into regular session, seconded by Alderman Teters, the vote was Aldermen Wedua, Karr, Teters, Marshall, Rule and Auat, yes. A recess was called. Meeting reconvened and those present were Aldermen Wedua, Tetera, Karr, Marshall, Rule and Auat. Mayor Betty Burch presided over the remainder of the meeting. Alderman Teters moved to place Bill No. 94-17 on its first reading, seconded by Alderman Marshall, the vote was as follows: Alderman Wedua, eye; Alderman Auat, aye; Alderman marahall, aye; Alderman Teters, aye; Alderman Karr, aye; Alderman Rule, abstained; Alderman Auat, aye. Thies Bill provides for establishing amendments to the Zoning Code adopted by Ordinance No. 89-15, that add the legal description for the commercial vessel district to chapter 22 of the zoning code, add temporary structures to the commercial vessel district and to add Chapter 13 of the Zoning Code, definitions. Alderman Teters moved to place Bill No. 94-17 on its second reading, seconded by Alderman Marshall, the vote was: Alderman Wedue, aye; Alderman Auat, aye; Aldermen Marshall, aye; Aldermen Teters, aye; Alderman Karr, aye; Alderman Rule, abstained; Alderman Aust, eye. Upon the Bill having been read two times and copies of the Bill having been made 4 ~ Page 8, Min. of Reg. Meet., 3-15-95 available for public inspection prior to consideration of the Board of Aldermen, bill No. 94-17 was passed. Ron Jones of Kaw Valley Engineering, representing Missouri Gaming Company presented an Application for Special Uae Permit for the temporary facility in the flood way. This matter was discussed. Alderman Karr moved that the City approve the Application of Missouri Gaming Company for Special Uae Permit for Temporary Facility in the flood way, seconded by Alderman Tetera. A diacuaslon was had. Mr. Carlisle again commented that with regard to the Special Use Permit and the Ordinance previously passed, this was not in compliance with MS 89. Alderman Wedua commented that someone from Trillium's legal staff has been present at every City meeting. The following is the vote on the motion approving the application of Missouri Gaming Company for a Special Use Permit for a temporary structure in the flood way: Aldermen Marshall, Auat, Karr, Tetera end Wedua, yea; Alderman Rule, abstained. Aldermen Karr moved to place Bill No. 94-18 on its first reading, seconded by Alderman Wedua. The Vote was Alderman Karr, aye; Alderman Tetera, aye; Alderman Wedua, aye; Alderman Marshall, ay®; Alderman Rule, aye; Alderman Aust, aye. This Bill provides for euthorizing the taking of bide on 51,300,000 and authorizing the creation of an additional City Depositor for the highest and beat bide. Alderman Marshall moved to place Bill No. 94-18 on its second reeding, seconded by Alderman Wedua. The vote was Alderman Karr, aye; Alderman Tetera, aye; Alderman Wedua, aye; Alderman Marshall, eye; Aldermen Rule, aye; and Alderman Auat, aye. Upon the Bill having been read two times and copies of the bill having been made available for public inspection prior to consideration of the Board of aldermen, Bill No. 94-18 was passed. Chief Bob Bayless presented the Mayor and Board with the NASP Community Service Hours expended in 1993 and explained same. Chief Bob Bayless said that the training with the PR24 Baton and pepper mace by the Missouri State Highway Patrol will be May 11 and 12, 1994. Chief Bob Bayless said that Southern Platte Fire Protection District requested that the City of Riverside Communication Department dispatch for them. Thies matter was p Page 9, Min. of Reg. Meet., 3-15-94 discussed and it was the consensus of the Mayor and Board not to do the dispatching for Southern Platte Fire Protection District. Chief Bob Bayless said that some of the Public Safety Department officers would like to participate in the Missouri Police Chief's Association Run for Missouri Special Olympics held May 17 - 19, 1994. Each officer participating is requested to donate 5100. Chief $ayleas wanted to know if the officers participating could ask the businesses to contribute the money. The Mayor and Board said "NO", that the money will come from one of the other City's funds. Chief Bob Bayless requested permission to spend 5160.00 for tapes - the lest ones purchased was in 1988. Alderman Karr moved that the Public Safety Department have permission to purchase 5160.00 in tapes, seconded by Alderman Marshall, the vote was: Aldermen Wedua, Tetera, Karr, Marshall, Rule and Auat, yea. Chief Bob Bayleaa said there will be a Mid-West Crime conference on April 17, 18 and 19, 1994 at the Embassy Suites and two of the Public Safety Department officers would like to nttend. The registration fee is 525.00 per person. Aldermen Wedua moved to place Bill No. 94-19 on its first rending, seconded by Alderman Marshall the vote was Alderman Wedua, eye; Alderman Tetera, aye; Alderman Karr, aye; Alderman Marshall, aye; Alderman Rule, aye; and Alderman Aust, aye. This Bill provides for the payment of two registration fees for two public safety officers to the Mid-West Conference at the Embassy Suites Hotel - 525.00 per person. Alderman Marshall moved to place Bill No. 94-19 on its second reading, seconded by Alderman Wedua, the vote was: Alderman Wedua, aye; Alderman Tetera, aye; Alderman Karr, sye; Alderman marahall, aye; Alderman Rule, aye; and Aldermen Auat, aye. Chief Bob Bayless rend a letter from the Civil Air Patrol, thanking the City for the use of the building for their meetings. Chief Bob Bayless said that the Public Safety Department have started a campaign for the Sudden Infant Death Syndrome Resources by wearing or displaying red noses or buttons and when asked the reason they will explain it is for the Sudden Infant Death Syndrome Resources. i ." Page 10, Min. of Reg. Meet., 3-15-95 Alderman Tetera brought up matter of Kenny's Service Station cleaning up. Mayor Burch aeid that some cleaning up has been done. Alderman Karr said that Don Alexander's building area seems to be getting worse and it needs to be cleaned up. This matter will be checked into. Alderman Marahell inquired as to where the men were in cleaning out Line Creek. Alderman Karr moved that Jeen Grogan be relived of her employment ea City Treasurer for April 4 and 5, 1994, seconded by Alderman Wedua, the vote wsa: Aldermen Wedua, Karr, Rule, Marshall, Wedua and Tetera, yea. There being no further business to come before the Board, upon motion duly mode, seconded by passed, meeting adjourned nt 9:04 p.m. P