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HomeMy WebLinkAbout1991-11-12 MINUTES OF THE BOARD OF ALDERMEN MEETING CITY OF RIVERSIDE, MISSOURI NOVEMBER 12, 1991 The special meeting of the Board of Aldermen of the City of Riverside, Missouri wea held in the City Hall in Riverside, Missouri on November 12, 1991 at 7:30 pm. Those present were Alderman Jim Wedua, Brenda Tetera, Jimmy Knrr, and Ed Rule. Mayor Burch presided over the meeting. A list of property owners in attendance is attached. Mayor Burch welcomed every one and stated it hea been 18 months since the moratorium went into effect on the area south of 9 Highway. During that eighteen months, a study has been completed on this area by our city engineers, Larkin & Associates. Mr. Ken Vaughn will tell you the results of the study. Ken Vaughn said the purpose of the study was to develop a plan for utilities, drainage end streets for an area with a low elevation. Drainage is very important. With the rules we go by now to build in this urea, you need a ten to fifteen foot fill to build to a level of the 100 year flood plain. The alternative solution is a levy. The schematic shows the plan of a private levy and streets, an interchange from I-635. Van De Populiere would be four lane and the other streets would be 2 lane. The development cost for utilities, streets, sewers is S 12,000,000.00 plus. Add a private levy and it would increase the coat to S 31,000,000.00 plus. This would b® 97 cents per squnre foot of land. These coats are preliminary estimated coats only. Don Witt, city attorney, amid the process of implementing the plan would be as follows: a hearing to get the comments of the land owners, making application to amend the zoning order and then the Board of Aldermen passing an ordinance the change the zoning code. There are several ways to develop the area. As a developer comes in to develop the area, he will provide the infrastructure of drainage and 1/2 the coat of roadway and to provide the public sewer. Impact fee set aside fees collected from developers causing infrastructure ad~uatments to the community. Monies to be used ea the development further impacts the municipality. Moat cities do it this way. There are also neighbor improvement districts to use as a tool for developing. These districts would require a vote of the people, and would have to develop quickly. The neighborhood improvement districts would assess as you go. Another way would be a bond issue. Witt stated the city does not hove capacity for a bond issue. Drainage is the initial problem. The developer has to keep drainage on his property and protect the planned drainnge districts. Secondly, the developer must have sewers and r ~ Minutes Board of Alderman Meeting Page 2, November 12, 1991 streets, end again the impact Ease. Mayor Burch said the Board of Alderman was not here to pass any ordinances tonight, but to listen to the comments of the property owners. Alderman Rule made a motion to recess, seconded by Alderman Karr. Meeting reconvene at 8:17 pm. Aldermen Rule, Karr, Teters end Wedua present. Mayor Burch presided over the remainder of the meeting. Don Coleman wee the first to comment. Hia comments are attached to the minutes. Mayor Burch stated a filling and grading ordinance have been in effect since 1977 as set out in the zoning codes. Alderman Rule said development of buildings on mud and gravel roads was the reason for the moratorium. A drainage plan is not in place. Don Coleman said there should be a provision to maintain drainage on the property without an expensive infrastructure. Coleman also stated that perhaps within 20 years the whole area could possibly be filled. He sited the amount of filling that has been done in the lest two or three years. Rule stated these should be prioritized with streets and drainage being first. Witt stated the part of this study can be attributed to Coleman's insight of the problem. The citizens of the area could prioritize under the neighborhood improvement District. It was suggested that a development ordinance that includes the area within the colored area of the schematic be defined. A start should be made at the railroad tracks and work south. Wea Seyller stated he needed to study the report and the ordinance. Something needs to be done at the Van de Populiere crossing. Mayor Burch stated that a crossing revamping is in the working by the Stets, Platte County and the railroad. Vnn De Populiere would be the main arterial road in the bottoms. Coleman stated the point that Seyller was making is it was going to be a levy or not. Seyller stated he would do his part on the street. Rule asked if anyone from Hydro Conduit was here. No one was. The people. north of Seyller should participate also. Rule stated the property should never hove been zoned industrial, should have left zoned form land. The reason being to r ~ Minutes Board of Alderman Meeting Page 3, November 12, 1991 control the growth of the area. Wedua stated that if the Federal levy goes, 49% of the coat would be placed on the property owners and the Federal government would pay 51% of the S 22,000,000.00 coat. Mayor Burch stated the Federal levy would consist of a larger area to be protected. The private levy would protect a smaller area. In the eighteen months since the moratorium went into effect, the city has spent fi 30,000.00 on this study. We would like to have your comments back in 10 days. George Higgins stated he understood the cost of infrastructure ® 97 cents per square foot, would coat a total of S 40,000.00 per acre. Joe Nelson asked if the public levy would come under neighbor hood district. Witt didn't think this would work. Jim Francis wanted to know where Van De Populiere would go if the owner ecrosa from Hydro Conduit should be interested in participating. Phillip Brenner Baked if the Burlington Northern property was included in the moratorium. Bob Gieaeke said Glecier Park owns 468 acres of which 400 scree is from the levy north. Kansas City Power & Light owns 45 Acres and EFD Packaging owns 16 acres and Phillip Snowden owns 40 acres. Mayor Burch asked how many property owners had their property up for sale. Three raised their hands. No further discussion the meeting adjourned at 9:30 pm. Q.f,Q/ ` Acting Sec ary r I ~ . I ~ ~~- ~ ~Q4- y~oa Vata L7e iAea. It ~G~ ~ GYl5a i ~ i o i/.~d ~~ Pa ~r~~~~ S~s~ ~ i ~ L~~x ~ 2.se ~ ~o?a `/ ft'/ l/ /J9 L fe r ~+ Y / Sa ! ~ !r2 G y C,~ s-~-~ ~ S '1 '.t 1 5 ,.~.~- ~ ~ ~ W-•1i.+eo~ _]r4(e t;'-! O 3 of ___ o u u ~ c~~ ~N 1N'o od ~n ~u' d j~ ~ <' ox 9014 ~ty~RSiyE ~4/6£~ ~° 3a ~a ~ w. ~~. /P,~~, ~ ~y~sl _,_ L UN/S ~.~if /~~ J CN~o L ~/.S % ':` I! ~` I~ . , ,:: -. l Ib :~ ~I ~~i .':1 .J ~i .~ i~ ', . 4030 vandepopouliere Road Riverside,~~MO 64150 November 6, 1991 The Honorable Betty Burch, Mayor City of Riverside, MO Ret Quindaro Bend Final Report Doerr Mayor Burchs This letter is in response to the Quindaro Bend Final Report and comments made et the steering committee meeting of '10/23/91 regarding that r®port. I am also addressing the proposed Riverside Quindaro send Aevelopment ordinance which were presented at that meeting. The first and foremost issue is the construction of a levee to protect the area from Missouri River floods so that it is not necessary to fill in the area prior to developm®nt. The preliminary report has estimates for the levee and the level of Fedexal participation in the cost make i,t nppear that th® decision to build a levee will be a marginal one at best: The alternative to building a levee is to f~.ll in the land as needed to a level above the flaad ®levation. It appears that within the next year all of the fillable Flood -Plain land in Riverside that is not now covered by the moratorium will b® filled. The proposed ordinance does not have a section on grading and filling of land and coordination of that activity with other development activity. The city should make provisions in the development ordinance that would allow a person to fill and grade, by permit after approval of grading plans and runoff provisions, without th® need to. construct ®xpensive utilities and streets prior to completing the fill. The second most important issue is the method of financing the construction of the infrastructure system that is necessary for the Quindaro Bend area to be developed. Based on the magnitude of the entire area and the high cost of aampleting the infrastructure cyst®m, I do not believe that the financing plan provided for in the proposed ordinance is the most appropriate, ®ither in terms of economic feasibility, practicality or fairness, nor do I believe that the ordinanae will stimulate and enhance d®velopment. In fact, it is my belief that, if passed, the proposed ordinance will stifle development of the area. To r®quire individua]. developers of tracts of land to front the cost to build the infrastructure system, not only for their awn Ti~oocs~CJS~colbureh.~Tq • •. development, but also for other parcels of land in the path of development, is ridiculous. It eliminates any chance for develop- ment and will keep individual projects from getting off the ground. It automatically makes any development economically unfeasible. No lending institution will loan funds to build infrastructure systems on land which cannot be pledged to the lender to secure repayment of the loan. In this day and age, how many developers have enough cash that they can afford to allocate millions of dollars to build infrastructure systems for themselves and for others? Probably none. From an economic viewpoint, then, I just do not think the proposed ordinance is workable. Now let's look at the proposed. ordinance from a practical viewpoint and examine if the proposed ordinance contains a sense of fairness. If a developer has a parcel that is two miles from Highway 9, is it fair or reasonable to expect the developer to build one-half of the width of a road from the developer's premises to Highway 9? And what good will it do. the development or other landowners in the area to have only one half of a road built to new city requirements and standards? Who will build the other half and when will it be built? And why will other property owners who have already developed parcels of land along this road and who use the road not have to contribute to the cost of the road? The same holds true for drainage, sewage and all other infrastructure items. Let me take a moment to get more specific. There are only three possible entrance points into the Quindaro Bend development area: Vandepopouliere Road, Maddox Road and Vandepopouliere Road via a proposed diamond interchange at I-635. All property that is developed in this area will have access only through one of these entrances. The cost of developing those entrances and interconnecting them should be shared by all properties in the area. The impact fee structure as presently written is grossly unfair and a discouragement to development. Although all property owners would have to use the track crossing, only the first developer would pay for it, and he could only recover a maximum of 50~ of his cost if all other undeveloped property Along his project was developed. This does not address the engineering impracticality of constructing half of a road crossing. Consider that half of the property on Vandepopouliere Road for 1800 feet south of Highway 9 that is already developed to some degree and is not assessable. Consider also that a four-lane grade crossing built to railroad standards will cost approximately $100,000. Consider also that the unfortunate person who first developed the .Vandepopouliere entrance from Highway 9 would also have to solve the drainage problem which has been created by MoKan Container and Twin Traffic Marking. Neither property owner would T:\DOCS\CJS\colhurch.LTR 2 r .~: w be compelled to participate in either the cost or the land contribution. Hydro Conduit would certainly have no compelling reason to want to voluntarily participate in the cost of a road, storm drainage or sanitary improvements. A similar situation exists on Maddox Road with Sutherland Lumber, Thompson Lumber and Knapco Manufacturing. Thus, the first owner to develop south of the tracks would have to construct 1800 feet of road in addition to his own front footage, resolve a storm water drainage problem and allocate enough of his property to hold runoff from two other properties. He would also have to construct a sanitary sewage pump to handle all of the sewage in a drainage district but with no hope of recovering funds from properties already developed. This same scenario would apply to the storm water pumping stations and main trunk storm drains. The main trunk drains will take more land and be far more expensive to construct than the minor collector storm drains at the upper end of the watershed. The ordinance makes no provision for allocation of cost or impact fees for construction of storm drains. Therefore, no one would consider constructing anything but a holding basin for storm water. There is no consideration given in the ordinance to the development of a diamond interchange at I-635 and Vandepopouliere Road and allocation of the costs for that interchange. The ordinance also fails to take into consideration either increas- ing construction costs or interest costs with changeable rates. It also does not take into consideration condemning and paying for land and necessary right-of-way that will be required to put in the new roads, sewer lines and other infrastructure improvements. Any impact fees should be assessed at a fixed rate of interest for the length of time that they have been in place prior to the development of abutting property that would be required to pay impact fees. For example, the City of Weatherby Lake uses an interest based impact fee structure for assessing new developers for previously expanded sanitary sewer improvement costs. In summary, there are numerous infrastructure-type facilities which, when developed and constructed, will serve all properties to some degree. These "common facilities" should be constructed through the use of either a "benefit district" or a "neighborhood improvement district" so that all properties that benefit from the improvement will share in the cost of that improvement. I can support an ordinance that: 1) Includes benefit districts or neighborhood improvement districts that would allocate the cost of mutually beneficial improvements such as entrance roads, grade crossings, highway interchanges, main trunk storm and T:\DOCS\CJS\colburch.LTR 3 r ~.. sanitary sewers and pumping stations and any other improvements that benefit all of the property. 2) Includes storm drains as assessable improvements. 3) Includes an interest factor for assessing impact fees and reimbursing developers. 4) Includes some method that will assess already developed properties for the mutually beneficial improvements that will be constructed. 5) Includes a provision for filling and grading of property prior to incurring an obligation to construct roads, sanitary sewers and other expensive improvements. I am opposed to the proposed ordinance as it is now written because it will discourage any meaningful development in the area. It is grossly unfair to those who do choose to develop and places the burden of solving existing drainage problems on those who did not cause the problems. Let us not pass an ordinance for development that makes development impossible. Such action would be self-defeating and would be doing a great disservice to the community. Let us instead carve out an ordinance that makes sense economically, that is practical and fair and that is a positive step forward for the benefit of all. Respectfully, Donald P. Coleman T:\DOCS\CJS\colburch.LTR 4 r