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HomeMy WebLinkAbout1990-05-01 MINUTES OF REGULAR MEETING OF BOARD OF ALDERMEN OF CITY OF RIVERSIDE, MISSOURI MAY 1, 1990 A regular meeting of the Board of Aldermen of the City of Riverside, Missouri was held in the City Hall in Riverside, Missouri on May 1, 1990, at 7:30 p.m. Those present were Aldermen Marshall, Teters, Karr, Shepard, and Rule; Richardson absent and Mayor Betty Burch called said meeting to order. It was decided to dispense with the reading of the Minutes of April 17, 1990, for the present time. Steve Adams, 10607 W. 115th Terrace, Overland Park, KS, presented business license application for Diamond Shield, Inc., 416 N.W. Business Park Lane. They make their products, for polishes, cutting grease, etc. and sell wholesale only. This was approved subject to the payment of the fee. Robert Lundeen, was present in the place of Don Jack to present new facade plans for the Twin Marking Building on VanDePopulier Street. Since this was a change from the original plans, Karr moved that the change in the facade be approved subject to approval by the City Engineer, seconded by Marshall, Rule, Teters, Shepard, Marshall and Rule voted yes and Richardson absent. Chuck Isley, 6003 N. Monroe, Kansas City, MO 64109, presented change of use, Application for Liquor License, and Business License for the Coach Lite Building at 4720 N. W. Gateway. Mr. Isley said that he has asked to go before the Board of Zoning Adjustment because of the shortage of parking space he has, compared to the square footage of the building. It was also brought out that the Liquor License Application has to be checked out by the Chief of the Public Safety Department. It was announced that there could be a meeting on May 8, 1990, if necessary to work on the budget, as well as other things, including Mr. Isley's applications. Mayor Burch is to contact Mr. Isley and let him know if there will be a meeting. After Chuck Isley left, the matter of the plans having an architectural seal was discussed. The Mayor and Board felt that the plans would have to have the Architectural Seal before they can be approved by the City, and Mayor Burch will call Mr. Isley to notify him of this requirement. Mayor Burch announced that the City will now have the hearing on the Moratorium for building in the area south of Burlington-Norther Railroad tracks, between I-635 and the West City Limits. Everyone present signed in and said list is attached hereto and made a part hereof. r Minutes of Reg. Meeting Page 2, 5-1-90 Mayor Burch said that development has not started south of BN Tracks. That just recently two building permits have been issued south of BN tracks, one the Twin Marking Company and the other MO-KAN Container. Inquiries have been received from property owners in the "Bottom Area" concerning where the drainage is going and they do not want water to be drained on their property from other land owners. To protect other people on drainage it was felt to put a moratorium on the area until the City has a study on the drainage, sewers, streets, curbs, etc. She said that the City does not want to deny anyone a building permit and the City cannot let one person fill in the area and the water drain on someone else's property. It was felt that maybe the levee would be built and the plans would have to be completed to the satisfaction of the Levee District. However, at the present time there is no levee and the City has to plan without it. The reason for the meeting is to get the input from the property owners to see how they felt about planning the "Bottom Area". Ken Vaughn, City Engineer, and Don Witt, City Attorney were present to try to answer any questions they could. Attached hereto and incorporated herein as though more fully set forth is a copy of the Notice published in the April 11, 1990,April 18, 1990 and April 25, 1990 edition of the Platte County Gazette in the legal notice section. This notice correctly stated the date and time of the meeting as well as the area to be considered for the moratorium. In addition to the legal notice, Mayor Burch stated that the Platte County Gazette took it upon itself to publish a press release regarding the moratorium and erred in stating the date of the moratorium meeting. Mayor Burch apologized for the mix-up. However, the City of Riverside had no involvement with the press release notice. Mayor Burch also stated that in addition to the legal notice published for three (3) consecutive weeks in the Platte County Gazette, the City attempted to send personal notices to all property owners within the bottoms area. Don Witt stated that the state statutes have allowed for a moratorium for a number of reasons, i.e. to prevent development to interfere with the construction of streets, bridges, etc. He said that this hearing is for the property owners to say what they feel about the moratorium and also how the "Bottom Area" should be developed, where the roads should be, where the drainage should be, along with sewers, water, etc. Bill Latta, property owner (here several land owners) and he is also a District spoke on behalf of the Quindaro concerning the Riverside L3 Levee Project tonight to represent member of the Levee River Levee District He said if this r Minutes of Reg. Meeting Page 3, May 1, 1990 Project is completed, the entire drainage will be accomplished by the Levee Board and would consist of that area which is south of Hydroconduit to a point south of Sutherland Lumber. He said that there will be an increase in the height in the center of 11' and would drain on each side. When there is a pond of water collecting, it will drain the other way. The water would be discharged at the point most likely for it to drain. Mr. Latta said that he and the people he represents are not anxious to tie up the property for one year unless they are absolutely sure that the matter will be resolved 100$ at the end of the year. Mayor Burch said that she thought the City should have the moratorium and make a study of the area in case the levee does not go through, but that the City is in favor of the levee and will work with the people to get the levee. John Brown said he thinks that Ken Vaughn is the person who can answer the questions on what needs to be done in the way of drainage and the building of streets. Ken Vaughn said that if the levee does not proceed, that the drainage has to be proposed so that it will tie into a levee at a later date. It has to be decided how to handle the water on each street and each proposed street. Bill Latta said he talked to one of the BN people and told them there used to be a drainage under the railroad tracks other than the ones there now and in looking over the area, they found the drainage on the north east of VanDePopulier Street. Don Coleman inquired as to the inter cost of the planning and the cost of construction of the proposed plans. Don Witt said that he feels does not have the answer as to the for or assessed. He said the priorities and go from there. Ken Vaughn said that there ha lots of meetings which all the available to have input. at this time that the City cost and how it will be paid City has to find out the a to be a lot of planning and property owners should be Alderman Rule said that when the roads are put in that they will have to be surveyed and that he is in favor of the one year moratorium for the City to prepare some plans. Maurice Ameel said that after the 'S1 flood that the roads r Minutes of Reg. Meeting Page 4, May 1, 1990 have been changed considerably. He said that after Sutherland built there was considerable amount of water flowing to his father's property until A. O. Thompson built in that area. He said he still would have like to live in the "Bottom Area" however he had to move out account of the flood hazard. He also said that he does not agree with some of the things put out as to the height of the 100 year flood. Mr. Ameel said he thought there was a law where that water cannot be drained on other people's property other than the natural drain. Don Coleman brought up the matter that if nothing is built during the next year and construction continues on the bluffs, that would increase the water flow in the "Bottoms." It was felt that it was not the responsibility of the City to stop the flow of the water into the City from the bluffs, but it was the responsibility of the City to develop vehicles to correct the situation, and the City has to put a vehicle in place to direct the cost of the plans. Mr. Ameel also said that since Misty Woods has been built that there has been more water in the "Bottoms". John Brown said that he program and would expect that people can start construction. would certainly encourage the at the end of the year that Bob Gieseke said that one year can make a lot of difference, maybe the levee project will be approved, but if it isn't, we will have a plan in place. John Brown asked if someone needed some minor remodeling, could this be done during the moratorium. The Mayor and Aldermen were in agreement that each case will be taken on an individual basis and also said that if someone had a "Hot" buyer, they would also consider working with the people. Mayor Burch said that since 1977, the City has issued four building permits south of the railroad tracks and all of these were not between I-635 and West City Limits. Alderman Rule said that this drainage really depends on the engineer, as to what they recommend in the way of streets, sewage and water. Wes Syler of MO-KAN said that he was told that VanDePopulier Street was designed to go under I-635 and asked what happened to the plans. He said that assuming that this will happen and if there is a plan and it is approved and all r Minutes of Reg. Meeting Page 5, May 1, 1990 the things talked about happen, when someone comes to the Clerk's office, will they get a straight answer. He said he had spent $20,000 which he felt he should not have had to because of the water line and water hydrants. Attorney Witt said that on the flood matters, one of the things to do is to get as many answers as we can. Alderman John Marshall said he thought by this planning, the people will become better educated. That this matter definitely needs the help of engineers to do the planning. He said he always intends to give people a straight answer and wants to suggest the least expensive way to develop the area. Mr. Coleman said that since the City wants a moratorium for one year, he would like to expedite this as quickly as possible. Alderman Shepard said the council is extremely anxious to get this moving along quickly so that there will be some direction to follow in developing this area. City Attorney Witt said that everyone would like to do the planning faster and the best knowledge would be input from the property owners who understand it more. Dan Peek said that he would be willing to volunteer help in the plans. Mr. Edwards was for the City to try to complete the plans as soon as possible Anne DeHaemer was not in favor of the moratorium and thought the City should have the plans before a moratorium. Mayor Burch said she felt there should be one year moratorium maximum and if any of the property owners had plans for their property before the year is up, they should come to the Mayor and Board and talk it over, as the ordinance can be amended and felt that each person should be considered separately. Alderman Karr said there has to be a starting place and felt we should start now. A vote of the people present was taken and it appeared 20 people were for and five against the moratorium. A recess was called. Meeting reconvened. Marshall, Teters, Rule, Karr and Shepard were present and Richardson r Minutes of Reg. Meeting Page 6, 5-1-90 absent. Mayor Burch presided over the remainder of the meeting. It was brought out that Ken Vaughn, Gary Storm and Bill Cunningham, City Engineers, have been working in the area for quite some time (almost 10 years). Bill Cunningham is very familiar with the drainage in the subject area. It was pointed out that Black and Veach were the engineers on Line Creek levee project. City Attorney Don Witt said several aspects to think about in getting plans for the area were: 1. Alternative Plans 2. Costs 3. How to Pay 4. Effect of the flood - with levee and without levee. Engineer Vaughn said he would like to get together with Cunningham on a study not only on the drainage, but also on the streets, sanitary sewers and the water system. Engineer Vaughn said that the study of the streets will have to be what is needed at the present time and to plan what will be necessary later on. He said the big problem is getting the water to the place that it has to go. It was asked if this project could be done in phases. Engineer Vaughn said that the plan has to be worked around the sewers, drainage and streets, and certainly want to keep the good will of the property owners. Mayor Burch said that she would .like to have several committees working on different phases of the plans. Mayor Burch said that she plans to have a meeting on Tuesday, May 8, 1990 and everyone will be notified if there is a change. Ron Super was present to renew his grading permit, said permit was renewed. Karr moved that Bill No. 90-21 be placed on its first reading, said bill enacts a moratorium on building permits in the Riverside Floodway Fringe Area of the General Industry Zone, better known as the "Bottoms Area", seconded by Rule, the vote was Shepard, Karr, Marshall, Teters and Rule voted aye; r i Minutes of Reg. Meeting Paqe 7, May 1- 1990 Richardson absent. Shepard moved that Bill No. 90-21 be placed on its second reading, seconded by Rule, the vote was Shepard, Karr, Marshall, Teters and Rule voted yes, Richardson absent. Whereupon, the Bill having been made available for public inspection prior to the consideration of the Board of Aldermen, Bill No. 90-21 was passed. A discussion was had concerning architect's seal on all business plans, remodeling or new building. It was brought out that the ordinance requires the seal. Another matter discussed was whether or not the plans should go to the engineer before submitted to the Planning Commission or Board of Alderman. Mayor Burch brought up the matter of Reach Out America and said that they are asking for $130,000 throughout the Cities. She wanted to know if it would be in order for Don Witt to write an opinion letter setting out whether or not the City can Contribute to this. She also said that they wanted her to be the agent for the City of Riverside to receive the money. Teters asked if the City could use some weed spray for the Park, since it appears the weeds are taking over. Karr asked if the City could purchase the Fire Truck which was on loan to the City while ours was being repaired. He said everyone thought the truck was in very good condition and getting this truck would lower the fire rates in the City. He said they are asking $59,980.00, which appears to be reasonable. Mayor Burch said that she has word that they have sold the Rosie Long's property and after the sale is completed, and the purchaser gets the money, it will be cleaned up. It was reported that Charlie Stewart went before the Board of Zoning Adjustment and they required that he get an architect's plan of the buildings. Mayor Burch recommended that Frank Martin be an alternate to the Board of Zoning Adjustment, replacing Gary Brenner. Karr moved that Mayor Burch's recommendation be accepted and that Frank Martin be an alternate' to the Board of Zoning Adjustment, by rule, the vote was Karr, Marshall, Teters, Shepard and Rule voted yes, Richardson absent. r Minutes of Reg. Meeting Page 8, May 1, 1990 Mayor Burch recommended that Brenda Teters be a member of the Park Board from Ward 2. Karr moved that Mayor Burch's recommendation be accepted and that Brenda Teters be a member of the Park Board from Ward 2, seconded by Rule, the vote was Rule, Shepard, Karr and Marshall voted yes; Teters passed and Richardson absent. Mayor Burch said that we have had the two temporary people helping with cleaning up the streets and parks and we now have some 57 hours left and she would like to recommend that the City use one of the persons for four more days, 7 hours per day for more work to be done, mostly in the parks. She said that there is still money left for this person. Rule moved that we retain one of the temporary persons to work for four more days, 7 hours per day on the parks, seconded by Karr, the vote was Rule, Karr, Marshall, Teters and Shepard voted yes, Richardson absent. Mayor Burch said that Fred Wilkin has been doing lots of work on the parks as well as other work and would like to increase his pay .50 per hour. Karr moved that increase Fred Wilkin's pay .50 per hour, seconded by Marshall, the vote was Rule, Marshall, Karr and Teters voted yes; Shepard No, and Richardson absent. Chief Fletcher said that Archibald was going to run in the special Olympics and needed $100.00 for entry. The matter of security alarms going off, requiring the public safety officers to check out the buildings, sometime tying them up for quite a long time for the owner or person in charge to arrive was discussed. It appeared that some of the business were having more alarms going off than others. It was decided that Chief Fletcher would write the businesses, informing them that they are going to start enforcing the ordinance and charging them after so many calls. Chief Fletcher said that he and the corporals have the applicants for the new Public Safety officer down to two and he would like authority to go ahead and employ the one they think best before the next meeting. Shepard moved that Chief Fletcher to recommend either one of the two applicants for the Public Safety Officer to the Board, seconded by Rule, the vote was Karr, Teters, Shepard, r A . Minutes of Reg. Meeting Page 9, May 1, 1990 Marshall, and Rule voted yes, Richardson absent. City Attorney Don Witt recommended the following paragraph be inserted in the Minutes of April 3, 1990 in lieu of the present one: "City Attorney Don Witt explained to the Mayor and Board what has taken place with regard to Jerry Lorraine and his Rose Valley Trailer Court and explained the "Stipulation for Consent order". Attorney Witt said that Jerry Lorraine would remove all the mobile homes and neatly landscape the mobile home area by October 31, 1990. He also agreed to remove a shed located on the premise by April 1, 1992. Mr. Lorraine had agreed to never rent Building #4600 in order to be able to rent Building #4526, Building #4610 (the building that had been burned) is to be remodeled by September 23, 1990. In addition, Mr. Lorraine also agreed with respect to Building #4522, #4526 and #4524 to correct all electrical violations listed in a prior report given to Mr. Lorraine by the City Engineer. Mr. Lorraine agreed that he would not rent Building #4523 until it was completely in compliance with several codes. Finally, Mr. Lorraine agreed to paint or reside and paint the buildings that would be remaining on the premises by October 31, 1990. The City Engineer will be allowed on the premises to inspect the property at the various dates listed above." Rule moved that we correct the Minutes of April 3, 1990 as recommended by Attorney Witt and insert the above quote in lieu of the paragraph, seconded by Karr, the vote was Rule, Teters, Karr, Shepard and Marshall voted yes; Richardson absent. The Mayor and Board of Aldermen said that the Planning Commission should deny or reject anyone who does not have a complete set of plans, site plan and application for the project, special use, if necessary; that all commercial buildings, new or remodeling must have an architectural seal. There being upon motion duly at 11:45 p.m. no further business to come before the Board, made, seconded and passed, meeting adjourned r