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HomeMy WebLinkAbout2007-02-06Minutes of Regulaz Meeting of Boazd of Aldermen of City of Riverside, Missouri February 6, 2007 A regulaz meeting of the Boazd of Aldermen of the City of Riverside, Missouri, was held in the City Hall, of Riverside, Missouri, on February 6, 2007 at 6:00 p.m. Those in attendance were Mayor Kathy Rose, Aldermen Jones, Darata, Hurt, Beard, Bruns and Super. Also present were David Blackburn, City Administrator, Louise Rusick, City Clerk, Chief Gregory Mills, Brent Miles, Director of Planning & Economic Development, and John McClelland, City Attorney. Motion for Closed Alderman Darata moved that the meeting go into closed session, pursuant to Session at 6:00 p.m. RSMo 610.021(1) Legal Issues with the City Attorney, seconded by Alderman Jones, and the vote was: Aldermen Darata, Jones, Super, Hurt, Bruns and Beard. Motion carries. Motion for Open Alderman Super moved that the meeting go into open session, seconded by Session at 7:00 p.m. Alderman Bruns, the vote was: Aye: Aldermen Darata, Jones, Beazd, Bruns, Hurt and Super. Motion carries. Public Hearing Opened Mayor Rose opened the Public Hearing at 7:00 p.m. to consider a request fora "Special Use Permit" for the "Sale of Used Motor Vehicles." Brent Miles provided the Board with the staff report as listed below and comments: Brent said this request is for K&S Enterprises, 4400 NW Gateway. This application was received before the new Unified Development Ordinance (LTDO) was put in place; therefore this application has to be processed under the prior zoning regulations. All references to the "code" refers to the previous Municipal Code of the City. Permitted uses within zoning districts aze regulated by Appendix A (Table of Permitted Uses) of the Zoning Code. The subject property is zoned "C-1: General Commercial", which only allows the "Sale of Used Motor Vehicles" by "Special Use Permit". Special Use Permits are regulated by Chapter 440 of the Riverside Municipal Code. Chapter 440 of the Riverside Municipal Code gives general provisions for the governance of Special Use Permits. The general provisions state that no Special Use Permit should be granted unless the special use: Minn. 2/6/07 • Is deemed necessary for public convenience • That public health, safety, and welfare are protected. • Facilities will be adequate to facilitate the needs of the special use. • Shall not discourage the appropriate development of adjacent land. • Shall not be inconsistent or adversely affect regular permitted uses. • Shall not adversely affect or reduce property values. For a Special Use Permit to be recommended to the Board of Aldermen, it is imperative that the Planning Commission consider the factors above to satisfy the requirements of a "Special Use". Relationship to the Comprehensive Master Plan must be considered for this request. The Comprehensive Master Plan prescribes for this area, The Downtown Corridor, as a goal to "Establish Downtown Riverside As the Heart of the Community"(pg. 41 Master Plan). The Comprehensive Master Plan poses a Development Checklist which asks: o Does the development improve Riverside's appeazance? o Does the development provide a needed amenity to Riverside residents? o Does the development adhere to the goals and guidelines established in the Master Plan? o Will the development be something Riverside will be proud of the next 25 years and adapt to future needs? If the Planning Commission believes that the application does meet the general requirements prescribed for a Special Use Permit, specifically for this project, some questions need to be answered before giving a recommendation. Theses specific issues aze as follows (please see correspondence between staff and the applicant regarding this application): Right of Way Setback: Riverside Municipal Code Section 420.020.C.1 does not allow parking within fifteen (15) feet of the Right of Way of a public street. From the site plan submitted, it appears that this setback has not been adhered to. This question was posed to the applicant via the staff review; the applicant responded that this is a "pre-existing condition". This section of the code refers to parking of automobiles within fifteen (15) feet of the right of way; since there are no vehicles pazked here currently and due to the provisions regazding Special Use Permits, this section of the Code must be adhered to. Customer Pazking Area: The customer parking area indicated on the site plan does not allow for maneuverability. The Municipal Code requires that pazking spaces be sized 9' x 18', with a an appropriate drive isle width depending upon pazking location. The customer parking area must be revised. The applicant responded with a revised site plan layout that still does not indicate pazking dimensions or number of spaces. This must be addressed still. ADA Parking: The site plan must indicate one (1) ADA accessible pazking space. This space must be at least 12' by 20' in dimension. The revised site plan still does not indicate the dimensions of this ADA parking space. Mins 2/6/07 Fence Issue: The site has an existing fence in the parking azea. The site plan does not indicate this fence. Is parking going to be on both sides of this existing fence? The applicant has indicated that the fence Public Comments was "to be moved and place across front of the lot". Section 410.115 of the Municipal Code requires that this fence be constructed of decorative iron, plastic, or masonry. The existing fence to be moved does not meet this criteria and can not be permitted to be place in the front yard. If the existing fence remains in its current location, staff still has questions about maneuverability within the site. • Building Condition: Does the building currently have utility connections? How long has the building been unoccupied? The applicant responded that the building does have utility connections. Staff is still unsure if this correct and would like verification from the applicant that this is the current condition. • Security: The Code requires that all premises be furnished with adequate lighting. The applicant needs to submit a lighting plan with details to ensure adequate lighting is fiunished. Planning Commission Comments and Recommendation: A public hearing was held on this request at the Planning Commission on January 23, 2007. The Planning Commission unanimously recommended denial of the Special Use Permit at this location. A draft copy of the minutes were attached to the Boazd of Aldermen's staff report for their review. Brent said the Planning and Zoning Commission recommended the denial of granting a Special Use Permit as they didn't think the Special Use Permit adhered to the eight (8) standards for Special Use Permits. Visitor Comment Larry Gromer, 10800 NW Skyview, Kansas City, Missouri owner of the property said there was an issue with the road improvements. First, he was was told the property was going to be taken when the Levee took possession and the last issue he was told the City was going to take the property and then they were not. A temporary easement was issued. Mr. Gromer said the water has been an issue. A water tap was not put back in place and it's now an issue because the City doesn't want the street cut. Mr. Gromer thinks the property should have been put back in the same condition as it was before. He wants to put a caz lot there for a usable piece of property to bring in some income and make it functional. Mr. Gromer believes if the City is talking about cleaning up Gateway there aze 2 new businesses that just went in (the fruit stand and thrift store) that he believes has issues also. Public Hearing Closed Mayor Rose closed the Public Hearing at 7:17 p.m. Special Use Permit for the "Sale of Used Motor Vehicles at 4400 NW Gateway, Denied Alderman Jones made a motion to deny a Special Use Permit for the applicant, K&S Enterprises for the "Sale of Used Motor Vehicles" 4400 NW Gateway, seconded by Alderman Hurt, the vote was: Aye: Aldermen Dazata, Jones, Beard, Bruns and Hurt. Abstain: Alderman Super. Motion for denial carries. Mins. 2/6/07 Minutes, Dec. 28, 2006 Alderman Beard moved that the minutes of December 28, 2006 be approved, Approved seconded by Alderman Dazata, the vote was: Aye: Aldermen Beard, Dazata, Super, and Hurt. Abstain: Alderman Jones. Motion carries. Minutes, Jan. 2, 2007 Alderman Jones moved that the minutes of January 2, 2007 be approved, Approved seconded by Alderman Beard, the vote was: Aye: Aldermen Hurt, Darata, Jones, Bruns, Super and Beazd. Motion carries. Minutes, Jan. 9, 2007 Alderman Dazata moved that the minutes of January 9, 2007 be approved, Approved seconded by Alderman Bruns, the vote was: Aye: Aldermen Jones, Super, Dazata, Hurt Beazd and Bruns. Motion carries. Court Report for Alderman Darata moved to approve the Court Report for January, 2007, January, Approved seconded by Alderman Jones, the vote was: Aye: Aldermen Bruns, Super, Dazata, Hurt, Beard and Jones. Motion carries. Northwood Road David said a request has been made by the high school when the road work Discussion done, to have the shut-off point at the north point, just above the high school entrance. There would be proper signage at Northwood and 52°d Street and 9 Highway and Northwood Road. The traffic can move through the City on High Drive or Green Hills Road to catch Highway 9. Construction may start June 1~`. The estimated time is ninety days to be closed or before the ninety days is up. There aze 3 or 4 houses on the south side of Merrimac that it would affect. A different signage would be done there. No driveways aze being impacted. Mayor Rose polled the board for closing Northwood Road at that time and everyone unanimously agreed to do so when the construction starts for this project. Finance Officer's Donna asked the boazd to add two more check signers for the city, David Request Blackburn and Alderman David Hurt. Mayor's Discussion Mayor Rose asked the boazd to approve another representative for the MARC Solid Waste Management District. Mayor Rose said Senator Shields, the Department of Economic Development and Northland Regional Chamber of Commerce were present on the trip to Jefferson City. Minn. 2/6/07 Brent said on the list of priorities is Eminent domain, Transportation and Horizons Pazkway. Resolution No. 2007-03 Alderman Bruns made a motion to approve Mayor Kathy Rose as a representative appointing a represen- to serve on the Management Council of the MARC Solid Waste Management tative and alternate, District and Alderman David Hurt as the designated alternate, seconded by to the Management Alderman Darata, the vote was: Council, Approved Aye: Aldermen Jones, Super, Hurt, Beard, Bruns and Darata. Motion carries. Bill No. 2007-08 Alderman Beard moved to place Bill No. 2007-08 on its fast reading, Payment of said Bill authorizing the payment of certain indebtedness listed therein, Indebtedness seconded by Alderman Bruns, the vote was: Aye: Aldermen Darata, Beard, Bruns, Jones, Hurt and Super. Motion carries. Ordinance No. 2007-08 Alderman Dazata moved to place Bill No. 2007-08 on its second reading, Approved and upon passage of same become Ordinance No. 2007-08, seconded by Alderman Jones, the vote was: Aye: Aldermen Bruns, Super, Jones, Dazata, Hurt and Beard. Motion carries. Bill No. 2007-09 Alderman Super moved to place Bill No. 2007-09 on its fast reading, Enter into a service said Bill authorizing the City of Riverside to enter into a Service Agreement agreement with with, and pay certain funds to, McGladrey & Pullen, Certified Public McGladrey & Pullen Accountants, seconded by Alderman Darata, the vote was: CPA's Aye: Aldermen Darata, Super, Hurt, Beard, Bruns and Jones. Motion carries. Ordinance No. 2007-09 Alderman Jones moved to place Bill No. 2007-09 on its second reading, Approved and upon passage of same become Ordinance No. 2007-09, seconded by Alderman Bruns the vote was: Aye: Aldermen Hurt, Beard, Bruns, Dazata Super and Jones. Motion carries. Bill No. 2007-10 Alderman Bruns moved to place Bill No. 2007-10 on its first reading, Approving an agree- said Bill approving the form of, and authorizing the City to complete and ment between the City, execute, an agreement by and between the City of Riverside, Missouri and Shafer, Kline & Shafer, Kline & Warren and Cook, Flatt & Strobel Engineers for City Warren & Cook, Engineering Services, seconded by Alderman Jones, the vote was: Flatt & Strobel for Eng. Services Aye: Aldermen Darata, Bruns, Hurt, Beard, Jones and Super. Motion carries. Mins. 2/6/07 Ordinance No. 2007-10 Alderman Darata moved to place Bill No. 2007-10 on its second reading, Approved and upon passage of same become Ordinance No. 2007-10, seconded by Alderman Jones the vote was: Aye: Aldermen Jones, Dazata, Beazd, Super, Hurt and Bruns. Motion carries. Bill No. 2007-11 Alderman Jones moved to place Bill No. 2007-11 on its first reading, said Bill Authorizing the authorizing the City of Riverside, Missouri to employ Sherry Hoelting as City to employ Neighborhood Services/Codes Enforcement Officer at a salary of $38,000 per Sherry Hoelting yeaz and to become effective February 12, 2007, seconded by Alderman Bruns, as Neighborhood the vote was: Services/Codes Enforcement Officer Aye: Aldermen Beard, Bruns, Darata, Jones, Super and Hurt. Motion carries. Ordinance No. 2007-11 Alderman Dazata moved to place Bill No. 2007-11 on its second reading, Approved and upon passage of same become Ordinance No. 2007-11, seconded by Alderman Super the vote was: Aye: Aldermen Beard, Hurt, Bruns, Super, Jones and Darata. Motion carries. Bill No. 2007-12 Alderman Beard moved to place Bill No. 2007-12 on its first reading, said Bill City to enter into authorizing the City of Riverside to Enter Into a Service Agreement with, and a service agreement w/ pay Lori Locke $3,800 to prepare the City's annual report, seconded by Lori Locke to prepare Alderman Hurt, the vote was: the City's annual report Aye: Aldermen Jones, Super, Dazata, Hurt, Beard and Bnms. Motion carries. Ordinance No. 2007-12 Alderman Jones moved to place Bill No. 2007-09 on its second reading, Approved and upon passage of same become Ordinance No. 2007-09, seconded by Alderman Darata the vote was: Aye: Aldermen Hurt, Beard, Bruns, Darata Super and Jones. Motion carries. Motion for Closed Alderman Beard moved that the meeting go into closed session, pursuant to Session at 7:35 p.m RSMo 610.021(1) Legal Issues with the City Attorney, seconded by Alderman Hurt, and the vote was: Aye: Aldermen Beard, Darata, Jones, Super, Hurt and Bruns. Motion carries. Motion for Open Alderman Hurt moved that the meeting go into open session, seconded by Session at 8:30 p.m. Alderman Dazata, the vote was: Aye: Aldermen Darata, Hurt, Jones, Super, Beard and Bruns.. Mins. 2/6/07 ,• Motion carries. General Discussion Alderman Super asked to have the Planning and ZoningBconomic Development person to report on projects. Alderman Hurt asked about the iron railings on High Drive as they are deteriorating. David said this will be investigated. Alderman Beard asked if easements were obtained by Bucher, Willis, Ratliff? David said, "No". Adjournment By unanimous decision, the meeting adjourned at 8:30 p.m. --___ Clerk Mins. 2/6/07