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HomeMy WebLinkAbout2009-11-17Minutes of Regulaz Meeting Of Boazd of Aldermen of City of Riverside, Missouri November 17, 2009 A regular session was held for the City of Riverside, Missouri, in the City Hall of Riverside, Missouri at 6:00 p.m. Those in attendance were Mayor Ka[hy Rose, Aldermen Fuller, Cope, Thatcher, Super and Bmns. Aldetnran Hurt, absent. Also present were David Blackburn, City Administrator, Mike Duffy, Director of Community Development, Louise Rusick, City Clerk, Meredith Hauck, Community Relations Director, Donna Resz, Finance Director and Brian Hall, Interim City Attorney. Pledge of Allegiance Mayor Rose started the recital of the Pledge of Allegiance with the audience joining in. Emergency Radio Mayor Rose thanked Public Safety For reverse 911 as it was very effective and System Discussion everyone she talked to had received the message about the meeting tonight so a lot of people had an opportunity to attend the open house. A committee was appointed of citizens and business people to go through a process with the Public Safety Department and our consultant, TUSA to deterrtrining the validity of investing in a digital radio system. A presentation was given last week by the commission. Alderman Fuller asked if anything came back from Platte County and Mayor Rose said, "No". Alderman Thatcher said be did some reseazch and about $10.00 of his taxes is going to the County, so in his mind he thinks the boazd has done the right thing by moving forwazd with the resources the City has and the obligation we have to provide Public Safety with the best that we can. Chief Mills said what sets us a part from every other city in Platte County is that a decision was made about 40 yeazs ago by the former administration that Riverside would have its' own answering point. Riverside is the only one that has that besides Platte County. So, whenever that agreement was made we were independent and this is probably why there is no inclination on their part to participate with us. Alderman Fuller expressed his opinion as to why he will not support this digital radio system. He said we need to start enforcing our relationship with Platte County and feels the only valid citizen survey is a vote by the people. The request far this radio system is to expensive For what we have in the city at this time and feels we are spending too much money on services and feels we need to figure out a better way to do this. Alderman Thatcher is frnsfrated with the technology associated with the system as it is not up to par, but feels we are blessed to be in a position of being informed as to what our shortcomings are with the system and have an opportunity to act to correct this before something happens that could be disastrous. Alderman Thatcher said providing Public Safety to our residents is one of the fundamental responsibilities that we have as a city and board and we would be retniss not to move forwazd with this option even though the system is expensive, we do have the resources to do so. Minsl 1117/09 Alderman Bruns said he thought there was support from the federal government, but Chief Mills said some money has been allotted from them as the states have received money for the highway patrol and county sheriff s so Aldem~an Bruns thinks it is a good idea since there isn't anymore money from the `feds' available for us to move forward with this. Alderman Cope agreed with Alderman Bruns and Thatcher and said he values the opinion and time the committee put forth and thinks moving forward with this does not hinder our ability to build a relationship with Platte County and believes we should move forward with the radio system... Aldemum Super said we should move forwazd very cazefully and we should have milestones in place and as we aze negotiating this contract that it is done with certain checks and balances in place to make sure what we're presented with that at the end of the day it is exactly what we get. Chief Mills said there will be milestones along the way Enter into Negotiations Alderman Thatcher moved to authorize the City staff to proceed with negotiations for a digital radio system in Public Safety and partnering with Kansas City Missouri, seconded by Aldemran Bmns, the vote was: Aye: Aldermen Thatcher, Cope, Brns and Super. No: Alderman Fuller. Motion carries. Minutes of 11/3/09 Alderman Brns moved to approve the minutes of November 3, 2009, seconded Approved by Alderman Thatcher, the vote was: Aye: Aldermen Super, Bruns, Thatcher, Fuller and Cope. Motion can•ies. City Administrator David summarized the report as follows: Report Recreation Division Statistics for the Community Center consisted of 1,111 hours of usage and 17,316 attendees yeaz to date. The YMCA has generated 10,692 people coming to the facility. For the City website, there were 64,969 unique visitors, with 92,646 number of visits yeaz to date. The Missouri Riverfront Trail counts (the number of times someone walks by) were 279 for the east side and 5,153 times on the west side for September and October. The Fire Division Statistics for October were 637 calls far service year to date. One hundred forty four fire safety inspections were completed yeaz to date. Fourteen thousand ninety-six children and 6,251 one adults attended 34 public relations events from July 1" through October 30`s. October public works department statistics consisted of 1,184.5 hours. Public Works has new electronic magnet lifts to remove manhole covers. Kevin Chrisman joined the fue division full time in October. Two uses of the reverse 911 system have occurred with Weatherby Lake and Platte City staff members visited us to learn how to utilize the system as they will be calling on us in the future to utilize the system as they have a couple of things going on. It was decided City Hall will close Thursday noon on Christmas eve and Thursday at noon on New Years eve. Minsl l/17/09 Court Report, Alderman Brans moved to approve the court report for October 2009, seconded Approved by Alderman Thatcher, the vote was: Aye: Aldermen Cope, Super, Fuller, Thatcher and Bmns. Motion carries. Clean Your Files Days Meredith said 3,600# of paper were brought to shred on Friday and 500# was from City Hall. The shred track will be here again May 1" from 9 a.m.-1 p.m. Graphic Brand Standazds Alderman Thatcher moved to approve the graphic brand standards and & Guidelines, Approved guidelines as presented, seconded by Alderman Cope, the vote was: Aye: Aldermen Bmns, Super, Fuller, Thatcher and Cope. Motion carries. Social Media Policy Meredith said this policy has 2 sets of guidelines stating how the city officials and employees use the social media policy and a 3`a set of guidelines for elected officials to use the policy. 2010 Riverside BBQ Aldemman Bmns moved to approve the 2010 Riverside BBQ and Fireworks & Fireworks event, event on June 26, 2010 for an amount of $65,000 and to move the event to Approved the Vivion Rd. and Gateway Intersection, seconded by Alderman Fuller, the vote was: Aye: Aldermen Cope, Super, Fuller, Thatcher and Bmns. Motion caries. Line Creek Emergency Mike Duffy said degradation has occurred on a portion on the west bank of Line Repair Line Creek, south of [he Burlington Northern tracks, south of Argosy Parkway and on the west side of E.H. Young Pazk and also needed is stream bank stabilization. It was determined to use some of the funds from Congress for the Levee repairs. If this is all agreed upon, the City would not have to put forward any money for this repair and completely handled by the Corps of Engineers. The first portion of this is to fix an area on the northern portion on the stream bank. They aze asking the City for a temporary easement to gain access to that site and a permanent easement to maintain that property. There are still other areas (erosion) that needs fixed in the future. Work will be started December 1, 2009 and completed by April 1", 2010. Alderman Super asked what they would be giving us for our property (permanent easement) and Mike said this would be negotiated with them in the easement as the easement now says $10.00 and other consideration. After meeting with Argosy, it was detemmined the basis of the lowest and best bid should be evaluated on these cmcial components. Negotiation fora Aldemman Fuller moved to approve negotiations with the Levee District for a Maintenance Easement maintenance easement and the Corps final decision will be brought back to, Approved the board, seconded by Alderman Super, the vote was: Aye: Aldermen Cope, Super, Fuller, Thatcher and Bmns. Motion carries. Minsll/17/09 3 Argosy Casino Sabin Yanez, Cook, Flatt & Strobel said fmal design plans, specs. and estimate North Parkway were completed for this project by Cook, Flatt & Strobel Engineers. The new Improvements road will extend from Argosy Casino Pky. to the intersection of Riverway and 9 Hwy. The project will significantly improve the accessibility of the Casino, entertainment district, improve safety and provide additional transportation connectivity within the city. On Nov. 10th, ten bids were opened on the project. The engineer's estimate was $9,291,753.37 The total cast for construction of this project is $6,591,573.61. After the bids were opened, there was some discussion with city staff and the partnership with Argosy Casino about identifying the critical issues to this project. Most notably were 3 components, the coordination of the construction of a complex grade separation stmcture over BNSF railroad tracks leading into the North Kansas City rail yazd, construction of a bridge deck impacting the Corps of Engineers narrow bed levee through the property and the specific detail and critical delivery schedule of the project completion. After the city and Argosy met to discuss these critical issues to the delivery of this project, it was determined that the basis of the lowest and best bid should be evaluated on these cmcial components. At that point, Cook, Flatt and Strobel was directed to review all the information and submittals and based on the information teamed as they went through the process. As looking at the range of bids, they were directed to look at the 3 lowest bids and do a thorough evaluation of those three. Based on the infornation relative to these cmcial issues and the selection criteria, Cook, Flatt & Strobel believes there is appropriate justification to support selection of a contractor based on the lowest and best bid, not just the lowest bid. It appears that APAC-Kansas meets more facets of the selection criteria than the other two contractors that they were asked to do the thorough investigation on, therefore being an appropriate selection for this project. This is left to the board's discretion, bu[ they chose these recommendations making the boazd awaze of looking at the criteria put forth on this project the lowest and best bid process is appropriate and is available to the board and would meet the needs for this project for the City of Riverside. Visitor comment Jason Hill, Vice President of Hill Brothers Constuction, 14940 Beverly Drive, Platte City Missouri said he was one of the bidders and submitted their qualifications and references in the bid documents and found out only 2 of their references were called. Mr. Hill said they would like a "fair shot" at being qualified for this project and would like to know how they were not selected as the lowest, best qualified bidder when their list of complete references were not called. Mayor Rose stated this particular project is unique and we are in a partnership with Argosy Casino and we have a cap and committed $2.5 million to this project and the rest of the cost is Argosy's. Argosy is a big player in consideration who the bid is awarded to. Alderman Super said no one on the boazd was involved in the negotiations and the board takes Cook, Flatt & Strobel's recommendation for which they aze contracted to do and suggested to Mr. Hill to talk to the engineer. Mr. Hill requested the evaluation process documentation from the engineer. Sabin with Cook, Flatt & Strobel read the section in the bid documents that went out to bidders and in the section, construction to bidders on page 5, award contract, section 15.3. Mins 11/17/09 Mayor Rose asked Sabin if he evaluated the three lowest bidders in an equal and just manner to make a determination. David Blackburn, City Administrator said Cook, Flatt & Strobel is chazged with making sure they did the research and evaluations, but basically it is the city's decision to consult with Argosy on a decision. The critical piece was a timely mamier this bridge had to be constmcted and this has been a goal ever since the city started the partnership with Argosy. The second thing was the railroad bridge and if the contractor had not done a railroad bridge before in the metro area, there is no way to detemilne on how this would be accomplished. The first thing looked at was the time line for this project and secondly, bridge experience and the bidder chosen does have that experience and that was the basis on which they were chosen. Lynn Judkins, Attorney for Hill Brothers, said her client stated no schedule (timely fashion) was provided, discussed or detailed to the subcontractors as part of their bidding process and if it was a critical element it should have been part of the bid packet. She said Mr. Hill detailed tonight the sub-contactor they've hired has performed on 3 separate occasions on a similaz type of project. Ms. Judkins cautioned the board as Argosy being a partner and offering funds which is to the benefit of the city. Public policy also requests and requires this board not to allow this business partner to control what the review of the city needs to be or to dictate or to whom these public bidders should be allowed as faz as their selection. Ms. Judkins asked the board to take into consideration an investigation of Apac's bid and performance history. Mayor Rose asked Sabin if it is stated in the bid packets `liquidated damages' and a deadline stated and Sabin said, "Yes". David, City Administrator said he wanted to make it very clear that Argosy did not dictate this decision. Capital Improvements Donna presented the board with a calendar of the capital improvement plan Project Calendar pro~ects and encourages the staff and boazd starting tonight through December 15 to submit projects or changes to the capital improvement plan that you see necessary. This will all be put together by staff and recommend a plan, reviewed by the board on January 5`" and hopefully, will be able to adopt a plan by January 19ih. Donna explained the $800,000 property tax assessment that is on the bill pay ordinance for tonight stating this is an increase of 7.8% from last year's assessment and was not budgeted for, therefore over budget. Recording of Custodial Alderman Thatcher moved to approve recording of Custodial Interrogations Interrogations Policy, Policy, seconded by Aldemtan Cope, the vote was: Approved Aye: Aldermen Cope, Super, Fuller, Thatcher and Bruns. Motion carries. Bmsh and Yard Waste Tom said 2 recycling facilities were contacted, City of Gladstone and Damon Pursell's Recycling Facility here in Riverside. Damon Pursell's days and hours of operation are Mon-Fri. from 7:30 a.m-4 p.m. and Gladstone is Mon. Wed. and Fri. from 9:00 a.m-4 p.m. The fee base is same at both facilities. Mind l/17/09 By using a recycle facility, it will cut down on yard waste at public works and the cost for a dumpster which could offset the cost of recycling. Tom said the staff is recommending the city partner with one of these facilities and the city pay for this service. Tom said Damon Pursell said he would entertain other neighboringjurisdictions to participate in this program. There would be someone on site to monitor that it is Riverside residents that participate. The cost at both facilities is bags-$1.00 and a pick up track bed level load $10.00 and other vehicles (larger) a little more of a cost. Mayor Rose asked if we would be able to obtain any of the compost for our city projects and Tom said he was sure we could negotiate something. It was decided to use Pursell Recycling for disposal of brush and yazd waste. Tom will consult with our legal department to move forwazd on getting information with our attorney with the idea to pay the cost of the service. Bill No. 2009-156 Alderman Thatcher moved to place Bill No. 2009-156 on its first reading, said Approving Payment of Bill authorizing the payment of certain indebtedness listed therein, seconded by Indebtedness Alderman Fuller, the vote was: Aye: Aldermen Thatcher, Bruns, Super, Fuller and Cope. Motion carries. Ordinance No. 2009-156 Alderman Thatcher moved to place Bill No. 2009-156 on its second reading, and Approved upon passage of same become Ordinance No. 2009-156, seconded by Alderman Cope, the vote was: Aye: Aldermen Brans, Cope, Thatcher, Super and Fuller. Motion carries. Bill No. 2009-157 Alderman Fuller moved to place Bill No. 2009-157 on its first reading, said Consulting Agreement Bill Authorizing The Mayor To Sign a Consulting Agreement with Swartz with Swartz Consulting Consulting, LLC to Provide Project Management Services for Network Rearrangement, seconded by Alderman Thatcher, the vote was: Aye: Aldermen Cope, Super, Thatcher, Bruns and Fuller. Motion carries. Ordinance No. 2009-157 Alderman Bruns moved to place Bill No. 2009-157 on its second reading, and Approved upon passage of same become Ordinance No. 2009-157, seconded by Alderman Thatcher, the vote was: Aye: Aldermen Cope, Super, Thatcher, Bruns and Fuller. Motion carries. Bill No. 2009-158 Alderman Super moved to place Bill No. 2009-158 on its first reading, said Sign a Real Estate Bill Authorizing the Mayor to Sign a Real Estate Contract to Purchase Property Contract from Ascot LLC, seconded by Alderman Bruns, the vote was: Aye: Aldermen Brans, Super, Fuller, Cope and Thatcher. Motion carries. Minsl l/17/09 Ordinance No. 2009-158 Aldertan Thatcher moved to place Bill No. 2009-158 on its second reading, and Approved upon passage of same become Ordinance No. 2009-158, seconded by Alderman Fuller, the vote was: Aye: Aldermen Super, Fuller, Cope, Thatcher and Bruns. Motion carries. Bill No. 2009-159 Alderman Fuller moved to place Bill No. 2009-159 on its first reading, said Bill Employ Adam Minard Authorizing the City of Riverside, Missouri, to Employ Adam Minard as a Part- as a Part-Time Fire Time Firefighter in the Department of Public Safety, Setting a Salary and Start Fighter in Public Safety Date for Same, seconded by Alderman Bmns, the vote was: Aye: Aldermen Fuller, Cope, Thatcher, Bruns and Super. Motion carries. Ordinance No. 2009-159 Alderman Bruns moved to place Bill No. 2009-159 on its second reading, and Approved upon passage of same become Ordinance No. 2009-159, seconded by Alderman Thatcher, the vote was: Aye: Aldermen Cope, Thatcher, Super, Bruns and Fuller. Ordinance No. 2009-159 Alderman Fuller moved to place Bill No. 2009-159 on its second reading, and Approved passage of same become Ordinance No. 2009-159, seconded by Alderman Bruns, the vote was: Aye: Aldermen Fuller, Cope, Thatcher, Bruns and Super. Motion caries. Bill No. 2009-160 Alderman Bruns moved to place Bill No. 2009-160 on its fast reading, said Bill Pay Certain Funds to Authorizing the Board of Alderman to Pay Certain Funds to the Platte County Platte County Economic Economic Development Council for Economic Development Services, seconded Development Council by Alderman Cope, the vote was: Aye: Aldermen Cope, Thatcher, Bruns, Super and Fuller. Motion caries. Ordinance No. 2009-160 Alderman Fuller moved to place Bill No. 2009-160 on its second reading, and Approved upon passage of same become Ordinance No. 2009-160, seconded by Alderman Bruns, the vote was: Aye: Aldermen Bruns, Cope, Thatcher, Super and Fuller. Motion carries. Bill No.2009-161 Alderman Fuller moved to place Bill No. 2009-161 on its fast reading, said Enter Into A Contract Bill Authorizing the City to Enter Into A Contract with APAC-Kansas, Inc. with APAC-Kansas, Inc and Pay Certain Funds for Construction Services Related to Argosy Parkway, seconded by Aldem~an Thatcher, the vote was: Aye: Aldermen Super, Fuller, Cope and Thatcher. No: Alderman Bruns. Mins I 1 / 17/09 Motion carries. Ordinance No. 2009-161 Alderman Thatcher moved to place Bill No. 2009-161 on its second reading, and Approved upon passage of same become Ordinance No. 2009-161, seconded by Alderman Fuller, the vote was: Aye: Aldermen Super, Fuller, Cope and Thatcher. No: Alderman Bruns. Motion tames. Mayor's comments Mayor Rose said she was appointed to the KCADC and the first meeting was last Thursday and this is a 1 year appointment. Mayor Rose thinks this will bring more notoriety and recognition to Riverside's economic development discussion. Aldermen comments Alderman Thatcher said he is enjoying the salsa and swing classes with members of our community center. Alderman Bruns asked about the temporary stop light's timing. Sabin said he would look into it and the light will be left in place while construction is going on. Alderman Fuller said when coming down Valley Lane it is a little `tricky' when trying to make a left turn. Mike said a ribbon cutting for the waterfall will occur Saturday morning at 10:00 a.m. Alderman Super asked about the Briarcliff Pky and 9 Highway project and Mike said it will start sooner than 2010 as some constmction staking and the bid has been let. Mayor Rose asked David to make sure we're `on top' of the final date for the intervention of the water rate case and bring this back to the board's next meeting so we don't miss that date. Recess Mayor Rose called a recess at 8:30 p.m. Reconvene Mayor Rose called the meeting to order and Alderman Fuller moved to go To Open into open session at 8:47 p.m. seconded by Alderman Bruns, the vote was: Session Aye: Aldermen Thatcher, Cope, Fuller, Bruns and Super. Motion carries. Motion For Closed Alderman Fuller moved that the meeting go into closed session, pursuant to Session at 8:47 p.m. RSMo 610.021(1) Legal and RSMo 610.021 (2) Real Estate Issues, seconded by Alderman Bruns, the vote was: Aye: Aldermen Thatcher, Cope, Fuller, Bmns and Super. Motion carries. Motion For Open Alderman Bruns moved that the meeting go into open session, seconded by Session at 9:25 p.m. Cope, the vote was: Minsll/17/09 Aye: Aldermen Super, Cope, Fuller, Bruns and Thatcher. Motion carries. Adjournment Alderman Super moved to adjourn the meeting, seconded by Alderman at 9:25 p.m Bruns, seconded by Alderman Bruns the vote was: Aye: Aldermen Fuller, Brns, Thatcher, Cope, and Super. Motion carries. ~ , C' Clerk Minsl l/17/09