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HomeMy WebLinkAbout2008-04-01Minutes of Regular Meeting of Board of Aldermen of City of Riverside, Missouri April I, 2008 A regular meeting of the Board of Aldermen of the City of Riverside, Missouri, was held in the City Hall, of Riverside, Missouri, on April 1, 2008 at 7:00 p.m. Those in attendance were Mayor Kathy Rose, Aldermen Darata, Bruns, Salyer, and Super. Absent, Alderman Hurt. Also present were David Blackburn, City Administrator, Louise Rusick, City Clerk, Chief Gregory Mills, Jane Henry, Executive Administration Assistant and John McClelland, City Attorney. Visitor Comment Jacob Marietta with Wholesale Fireworks for the proposed location of a fireworks building at 2500 NW Tullison Road spoke to the board about selling fireworks. Mr. Marietta received a phone call on Friday from Jerry Sargent, Codes Enforcement Officer stating he had missed the mandatory fireworks meeting here at Public Safety on March I2th and would not be allowed to get a permit (license) this year to sell fireworks. Mr. Marietta said he didn't receive the packet mailed out and didn't know the rules had changed. He said someone has been at all of the previous meetings for the last few years and if he'd known about this one someone would have been there. Mr. Marietta said he is not asking for special treatment, but would like for the board to allow him a second meeting since he missed the first one or waive the requirement for the first year in their new building. Mayor Rose said the city's position is this meeting was mandatory. Chief Mills said each year before fireworks apre-season and afterwards a post season meeting is held with all the vendors and the post season meeting last year was held on July I I, 2007 and Larry Hale with Wholesale Fireworks attended. Based upon the recommendations of the tireworks vendors, it was announced at this meeting that the pre-season meeting would be mandatory. The process thus far has worked very well because of those communications we've established prior to the season and post season we can talk about issues of things needed changed. The ordinance stating this to be a mandatory meeting was passed on December 4, 2008. A letter from the City Clerk was sent to all vendors stating this was a mandatory meeting with the date, time and place of the mandatory meeting and Chief Mills believes there was ample opportunity and announcements that this was going to be a mandatory meeting. A couple of years ago there was issues with another vendor and that vendor did not make the fireworks deadline and it was the recommendation that the same thing occur with that vendor. Chief Mills said even absent from the mailing, it is believed there was ample warning given as to what the process was going to be. Mayor Rose did repeat the happening with the other vendor last year and she said it was the recommendation of the board that vendor not be allowed to sell fireworks last year. Mr. Marietta said he understands, but he thinks this is a different situation since the law didn't change until December and didn't know this in July 2007 and didn't receive the packet. Mr. Marietta said if he had received the packet he would have been at the meeting and would not build a building and take a chance on missing this type of meeting. Mr. Marietta said he is very concerned about the situation as he has a big invest- ment in the community, but would like for the board to allow him a second Mins. 4/1/08 meeting or willing to do whatever it takes to get along with the city to do business and create sales tax for the city. Mayor Rose said she understood his position and sympathizes with him, however she said she remembers the gentleman that was before the board last year and in the same situation. Mayor Rose said in this particular instance, she believes they cannot allow Mr. Marietta's request. Alderman Bruns asked if it was correct that all vendors agreed upon the mandatory muting that were at the post-season meeting and Mr. Marietta said, "Yes". Alderman Bruns asked ifa representative from Wholesale Fireworks was at that post meeting and Mr. Marietta said he talked with him, but he does not recall the March 12`h date being set last July or that anything was handed out. Mayor Rose asked if every other vendor was present at the meeting and received their packet. Chief Mills said they were present and did receive the packet and several of them are in the audience tonight that spoke with Public Safety representatives at the meeting to make sure the ordinance did say mandatory meeting. Mayor Rose said she doesn't think the board can waiver from the decision to not allow a license and deferred to the board for comments. "There were no other comments from the board. Minutes of Alderman Bruns moved to approve the minutes of March 4, 2008, Mar.4, 2008 as corrected and seconded by Alderman Super, the vote was: Approved Aye: Aldermen Salyer, Darata, Bruns, Super and Fuller. Absent: Alderman Hurt. Motion carries. Minutes of Alderman Darata moved to approve the minutes of March 11, 2008, Mar. 1 1, 2008 as corrected and seconded by Alderman Fuller, the vote was: Approved Aye: Aldermen Darata, Salyer, Bruns, Fuller and Super. Absent: Alderman Hurt. Motion carries. Minutes of Alderman Salyer moved to approve the minutes of March 18, 2008, Mar. 18, 2008 seconded by Alderman Bruns, the vote was: Aye: Alderman Super, Fuller, Salyer and Bruns. Absent: Alderman Hurt. Abstain: Alderman Darata. Motion carries. Alderman Darata asked if there was any discussion for the reappointment of Judge Fincham. There were no comments. Attorney's comment John McClelland said at the March 18`x' meeting the appeal hearing was held on a code violation for "It's Not Junk Thrift Store" and city staff showed evidence of that violation and the person receiving the violation of notice also appeared. That hearing is closed. The Mayor said, "Based on the information presented to them on March 18°i regarding the violation" she would poll the board if they believed there was a violation and all present agreed there was a code violation. Mins. 4/1/08 John said an order of notice of abatement will be prepared and the violator 2 served and the violator has seven days to respond: Engineer's comments Sabin said bids were received for the demolition of the Rinker site (part of the Phase 2 Horizons project) and the low bid was Damon Pursell Construction Company for $375,000 and recommending approval of the bid at this time so we can continue to make progress. Alderman Super asked if the office building was part of the demolition and Sabin said "No", McAninch may use it for their office or other use, such as inspection services. Rinker left quite a bit of material (pipe) and the bidders were aware of this. Sabin said there are some opportunities for the material left. McAninch is working four ten hour days moving the fill material in and around the job site to build the road way up and driving piles for the bridge on the south side of the railroad tracks and will finish on the south side and move to the north side and the completion date is set for December. Mike Dufty, Sabin Yanez and David Blackburn met with KCMG Water Services regarding the lift station to address a letter that was received from KCMG. They are requiring a dual trash rack (back-up) system to the lift station. The design consultant had a difference of opinion based on information they had received from MDNR. Cook, Flatt and Strobel's engineering staff has sent over plans (shop drawings) providing some ideas and asking for immediate direction and approval so the project can move forward. CFS is looking at construction for this project to start June ls` Alderman Super asked how many other large systems in the Kansas City area have a back up system and Sabin said he doesn't really know. KCMO is basing their information from the MD&R and their interpretation is the size of the lift station, the amount of flow and what all it serves. Sabin said once this lift station is built it becomes Kansas City Missouri's. City Administrator Earlier this year, staff submitted a grant application for Platte County Report stormwater funds to improve drainage problems and water quality along 50'x' Street and entering into Jumping Branch Creek. Riverside received the grant in its full amount for $30,000. Riverside's Wellness Program 2008 is in its second month. In March, the city website had 3,165 visitors. The City received an $88630 rebate from IJMB for the purchasing card program. Building and Codes had 26 code violations that were addressed in all three wards and 20 for buildings in all three wards. March ls'through March 21", 2,024 individuals attended SA events and classes at the Community Center. Facilities Maintenance occurred for street patching and repairs, building maint- enance, street sweeping, repair a street sign, r-o-w mowing, parks maintenance, fleet maintenance and other miscellaneous maintenance. Project progress signs were installed at the Linear Park and the Horizons Phase 2 nine highway sites. "I'he budget timeline starts March 12`h and ends June 3`d and the budget will be adopted on June 17`x'. Meetings held March 1 T~ thru March 28'~ were the Rinker pre-bid, Levee District flood fight, Rinker demolition, MoDot-miscellaneous issues, Argosy Mind. 4/1/08 project team, Implementation team, KCPL/MoDOT 1-Iorizons, Streetscape committee, NRC business fair and the MARC-Parkville-COF. Wetlands meeting. From December 2007 through February 2008, MAST responded to 214 calls. Staff training occurred at MARCIT, the Enwisen Training: Benefit Anaylsis, MARCIT Benefits Advisory Committee, Court and City and County Management Conference. Tartan Days and Project Go will be held at the E.H. Young Park this Saturday from 10:00 am-4:00 p.m. Clean up days are set for April 19, 2Q, 25 and 26 and the City-Wide Garage Sales is set for May 2"a and 3`a Landscaping work continues along the west side of Northwood Road, Phase I. At Horizons Parkway South, grading occurred around the silt fence and grading was continued for the roadway at Horizons Parkway North, cutting east ditch, poured concrete floor for the RCB and began driving pile for the bridge. At Montebella, water line installation is continuing. Dirt fill, grading, installing storm and sanitary sewer continues at Briarcliff. Staff will be holding apre-construction meeting with R.A. Knapp for the West Platte Bridges on April 3`a at 10 a.m. with the project engineer, construction observer and Levee District's attendance. Director of Community Mike said the COE's has put out for public comment the wetlands delineation Development comments that we did last year of 6.8acres in the I Iorizons Business Park. We arc proposing to mitigate them with mitigation in Farley. A packet of material has been sent out to the Platte County Economic Development Council, Northland Regional Chamber and Riverside Chamber asking to write letters in support of the city's position to be able to mitigate at a 1.1 level and the information is due back by April 8°i. Briarcliff is proposing to close Tullison Road for the new Interchange lag at Tullison and Briarcliff on the south side of 9 highway. "fhe Briarcliff Development Company is asking MoDot to close Tullison Road at the western edge of the Kansas City parcel as they are constructing around-a-about and it realigns Tullison Road, provides a new off ramp from eastbound 9 highway and configures the entrance ramp for eastbound 9 highway. Discussions have been held with the Argosy and Briarcliff Development and all are in agreement that it is acceptable. A letter would be written to MoDOT indicating we can use W. Platte Road through there and provide appropriate signage. Mike is asking if the board is comfortable with this then he would prepare a letter. Alderman Super asked how long the construction phase would be and Mike said they are anticipating construction on the south side to run five months if they can get as much as possible of full closure of traffic. If they can keep all traffic routed that is coming under the bridge and wants to get on eastbound 9 highway, they would turn and go up Briarcliff and take the ramp southbound onto 169 highway. Traffic will still be able to use the 9 highway ramp to go westbound onto W. Platte Road. This project probably won't start until sometime in June. Mayor Rose said it is okay to go ahead and write the letter. The drainage improvement project is ongoing at the Renner-Brenner Park because of standing water that lays almost all summer long at the trail and Mins. 4/1/08 the playground. A very small box culvert (about a foot tall) will take water 4 from the newly created Swale between the path and playground and will go over to Jumping Branch Creek to take care of this problem. On the other side there was a collapse in the creek bank and it is being re-graded and placing scour stop so the ground can be anchored. Also, a new trail will be put across the top of this. Bill No. 2008-45 Alderman Bruns moved to place Bill No. 2008-45 on its first reading, Payment of said Bill authorizing the payment of certain indebtedness listed therein, Indebtedness seconded by Alderman Fuller the vote was: Aye: Aldermen Super, Salyer, Bruns, Fuller and Darata. Absent: Alderman Hurt. Motion carries. Ordinance No. 2008-45 Alderman Darata moved to place Bill No. 2008-45 on its second reading, Approved and upon passage of same become Ordinance No. 200845, seconded by Alderman Fuller, the vote was: Aye: Aldermen Bruns, Fuller, Darata, Salyer and Super. Absent: Alderman Hurt. Motion carries. Bill No. 2008-46 Alderman Super moved to place Bill No. 2008-46 on its first reading, said Bill Entering into authorizing the Mayor to execute an Agreement for Demolition Services with an agreement for Damon Pursell Construction for the Horizons Parkway Phase II Project for an demolition services amount not to exceed $375,000.00, seconded by Alderman Bruns, the vote was: Aye: Aldermen Bruns, Darata, Fuller, Super and Salyer.. Absent: Alderman Hurt. Motion carries. Ordinance No. 2008-46 Alderman Salyer moved to place Bill No. 2008-46 on its second reading, Approved and upon passage of same become Ordinance No. 200846, seconded by Alderman Fuller, the vote was: Aye: Aldermen Bruns, Fuller, Darata, Salyer and Super Absent: Alderman Hurt. Motion carries. Bill No. 2008-47 Alderman Fuller moved to place Bill No. 2008-47 on its first reading, said Bill Entering into authorizing the Mayor to execute an agreement for construction services with and agreement for R.A. Knapp Construction, Inc. for the Cliffview Drive Bridge Project for an the Cliffview Drive amount not to exceed $3,048,000.50, seconded by Alderman Darata, the vote project was: Aye: Aldermen Super, Fuller, Bruns, Salyer and Darata. Absent: Alderman Hurt. Motion carries. Ordinance No. 2008-47 Alderman Bruns moved to place Bill No. 2008-47 on its second reading, Approved and upon passage of same become Ordinance No. 200847, seconded by Alderman Salyer, the vote was: Aye: Aldermen Super, Fuller, Bruns, Salyer and Darata. Absent: Alderman Hurt. Mins. 4/1/08 Motion carries. 5 Bill No. 2008-48 Alderman Super moved to place Bill No. 2008-48 on its trst reading, said Bill Reappointment confirming the reappointment of Thomas C. Fincham as Municipal Judge of the of Thomsas C. Fincham, City of Riverside, Missouri For An Additional Two Year "term Pursuant to Municipal Judge Section 130.040 of the Municipal Code, seconded by Alderman Bruns, the vote was: Aye: Aldermen Darata, Super, Salyer, Bruns and Fuller. Absent: Alderman Hurt. Motion carries. Ordinance No. 2008-48 Alderman Darata moved to place Bill No. 2008-48 on its second reading, Approved and upon passage of same become Ordinance No. 200848, seconded by Alderman Bruns, the vote was: Aye: Aldermen Super, Fuller, Darata, Salyer and Bruns. Absent: Alderman FJurt. Motion carries. Bill No. 2008-49 Alderman Bruns moved to place Bill No. 2008-49 on its first reading, said Bill Approving an Inter- approving and Intergovernmental Cooperation Agreement between the City of governmental Coop- Riverside, Missouri and Southern Platte Fire Protection District For the Purpose oration Agreement of Fire Mutual Aid To The City of Riverside and the City of Houston Lake; between the City and Authorizing the Execution Thereof; And Approving Certain Actions Related S. Platte Fire Prot. Thereto, seconded by Alderman Darata, the vote was: Discussion of Bill Alderman Super asked if this Bill (agreement) is the contract that was negotiated No. 2008-49 with S. Platte and Houston Lake and Chief Mills said, "Yes" this is the finalization of the discussion. "there are two components with this, a contract with Houston Lake for $19,000 and we reimburse them based upon the Mo. Department of Natural Resources schedule for equipment and staffing for the time called to assist us to respond. Alderman Salyer asked if this $19,000 annually was subject to change and Chief Mills said that is always subject to negotiations, but they do not anticipate a change. Aye: Aldermen Fuller, Darata, Super and Bruns. Abstain: Alderman Salyer. Absent: Alderman Hurt. Motion carries. Ordinance No. 2008-49 Alderman Fuller moved to place Bill No. 2008-49 on its second reading, Approved and upon passage of same become Ordinance No. 200849, seconded by Alderman Bruns, the vote was: Aye: Aldermen Bruns, Darata, Super and Fuller. Abstain: Alderman Salyer. Absent: Alderman Hurt. Motion carries. Coordinator of Comm- Meredith told the board the city received a grant from MARC Solid Grant unications/External District and Mo. Department of Natural Resources to purchase reusable bags Affairs comments and these bags are to replace plastic bags. The bags will be available at the library and city hall on earth day. For every 10 plastic bags a resident brings in they will get a material bag with a limit of three. We received 1,300 bags and they will be spread out in the next couple of months so they're not gotten rid of all at once. M ins. 4/ I /08 6 Mayor's comments Mayor Rose attended the `Regional Smart Moves Transportation Plan' for the Northland. There was a great dialogue about a regional plan for the Northland and they have been invited to the Mayor's meeting to discuss the plan. Mayor Rose mentioned the two proposed proclamations distributed to the board for their review `Motorcycle Awareness Month' and the `2008 Chinese Spectacular' and if the board has any issues to let Mayor Rose know. Otherwise, the two proclamations will be prepared and brought back for approval at the next meeting. There is a resident (boy scout) looking for a project in order to work towards his Eagle Scout badge. Mayor Rose mentioned painting the fire hydrants and this may be mentioned at tomorrow evening's Park Board meeting. There may be a couple of boys in the troop trying to earn this badge. Aldermen comments Alderman Salyer asked about `for sale' signs on cars in parking lots in the city and wondered if the city has an ordinance mentioning this. Mike Duffy said he believed codes has checked into this matter and it is being acted upon. Alderman Salyer asked if the city needed to consider some signs at the particular lot where the car is with the sign and Mike said as the city gets close to getting the project in that area completed they will be talking about appropriate signage and lighting. Alderman Fuller said in that same parking lot there is a donation tar clothes bin and wondered if could be relocated. Mike said he will work on this to find another location. Alderman Salyer said referring to the City Administrator Report vandalism is mentioned at the Renner Brenner Park light globes and asked Chief Mills if we are any closer to getting the cameras for the parks. Chief Mills said there is a trip scheduled to Chicago for the latter part of the month to look at Motorola cameras as they have a similar system as to what they're proposing for our parks. The cameras will be issued with an `it' address and the public will be able to pull this up on the computer and look at the park(s). Alderman Super reminded everyone that next Tuesday is Election Day and is encouraging everyone and your (neighbors) to get out and vote. Recess A brief recess was called at 8:07 p.m. Reconvened All Aldermen and the Mayor responded to roll call and the meeting reconvened at 8:29 p.m. Motion for Alderman Fuller moved that the meeting go into closed session, pursuant to Closed Session RSMo 610.021(3) Personnel Issues, seconded by Alderman Bruns, at 8:29 p.m. the vote was: Aye: Aldermen Salyer, Darata, Fuller, Bruns and Super. Absent: Alderman Hurt. Motion carries. Motion for Alderman Super moved that the meeting go into open session, seconded by Open Session Alderman Bruns the vote was: at 9:45 p.m. Aye: Aldermen Salyer, Darata, Bruns, Super and Fuller. Mins.4/I/08 Alderman Hurt. Motion carries. Adjournment By unanimous decision, the meeting adjgu`'rned at 9:45 p.m. ~ ~~ ,l fw ~~,1., ~~ rty Clerk Mins. 4/I/08