[0:00] you have that per we were yeah they issued

[0:04] one Bonnie was there one issue there was one issue he what he's asking do you

[0:09] have it in your hands actually it's the homeowner that should have been the one

[0:13] to apply so actually there's not been one turn them bu me but we were my

[0:18] Builder was present your Builder to do I mean I didn't know the home owner had to

[0:21] go get a building permit usually the home builder that's building the house

[0:25] for you

[0:28] does yep that's what I'm I'm pretty sure that most people that are building the

[0:33] house don't the home owner don't go pull the building from the home build I don't

[0:36] know how to tell you more plainly the ordinance needs to be complied with and

[0:42] application does and Mr Mulla has been told that and there has not been an

[0:49] appropriate the problem is is this should have been taken care of a month

[0:53] or so ago we were issued the permit at that time if if somebody would

[0:58] have called me or we have had a problem problem we would have took care of it

[1:02] but we weren't aware of it until last week whenever we got stop building

[1:07] letter when you're building a house that's pretty serious

[1:12] right so where do we go from here I mean Mr M just needs to come in and do what

[1:17] he's supposed to do or what is that I mean is it normal for the Builder to do

[1:22] this or is it normal for the home owner to do this we've had it done both ways

[1:26] and accepted it both way and I just want everybody to know know that we were

[1:31] issued a permit that's the reason we started building I'm sorry if it wasn't

[1:35] correct but we were that's that's our problem and and what he explained and

[1:42] has explained several times is to Mr Mela is that if he signed it he's saying

[1:50] I have done all these things even though we how it was handed out on our end when

[1:56] Mr McCulla signed it he is saying I've done all this and and when we went to

[2:03] look at it it

[2:06] wasn't we were just issued a permit we'll we'll take we'll do the steps that

[2:10] needs to be done I just need we need to start building I'll be glad to help you

[2:15] get started um I'm not the expert but I will try to do my best because he has

[2:20] guided me how to handle it with Mr Mulla so the sooner the better for you all

[2:26] probably well we just want to get you I do I want to get your house built why

[2:31] didn't Jerry come I he was invited that's why I showed up because

[2:37] we're starting to get pretty nervous I'm thinking maybe I should have rethought

[2:41] building in the city exactly I mean especially two months early I didn't

[2:45] realize that yeah they you could get issued a permit and then all of a sudden

[2:48] they get yanked back away it very upsetting and we're out a lot of money

[2:54] so far I mean it's not something we can stop we need to do what it's going to

[3:00] take to get your house that's what we need do and I'll do what you guys I'll

[3:04] do what he's asking me okay well I suppose best with the

[3:10] exception of protecting the

[3:16] city we well there's ultimately going to have to be some resolution concerning

[3:22] the street issue but that's not necessarily for today I mean it sounds

[3:26] to me like it's the last house built that's when you guys will have to

[3:30] resolution Street think there have to be agreement Mr Mulla

[3:36] owns all the other

[3:40] Lots so he it's actually the street issue their house to be built without

[3:46] the street being accepted because I know that on the subdivision ordinance it

[3:51] says we do not accept a street until it's built to code so you have I mean

[3:56] it' have to you guys would have to make him bring the street up once the last

[4:00] house rep because that's what the that's what the subvision ordinance says and I

[4:04] I told him when I read that this could be a problem if he's not doesn't want to

[4:08] do that your ordinance also

[4:11] say a resident build is supposed to have access to a public street so then you

[4:18] get into an issue does it's a private it'll be a private Street until you guys

[4:23] accept it I mean that's how it is right now is what you're

[4:27] saying the ordinance say the C out that the residence is supposed to connect to

[4:34] directly to a public

[4:38] street but I'm not saying that uh that could not be waved or

[4:44] varied if it's determined that that's going to be a private

[4:49] stre that's that's not that's not in my hands that's going to be between you see

[4:54] where we don't have trust in the city to make that

[4:57] happen What in the city the the applicant the developer of the

[5:03] subdivision has to request certain things if they're going to request a

[5:07] variance like when this subdivision was originally approved by the city the

[5:13] developer at the time Mr Burton sought a variance from the city council and so in

[5:17] ' 03 this is an old ordinance about Street

[5:23] standards and rock and depth and the amount of asphalt well he has to vary I

[5:30] don't want to put curbs and gutters I just want ditches and I want to put in

[5:35] an asphalt Street he originally wanted to put in a chip and seal and the city

[5:39] said no but the city waved its Street requirement with regard to Curves and

[5:45] gutters and so the original developer was supposed to put in so many inches of

[5:50] rock base and so many inches of asphalt didn't have to put in curves and gutters

[5:54] but the city never varied so the that I can see that

[6:00] you had to put some sort of Street in what's out there is probably a couple of

[6:04] inches of asphalt on an unknown quantity of

[6:11] rock okay I guess my question is what is the city's liability let's say Mr M

[6:17] bills what is our liability where can we get in trouble with this and what's it

[6:21] going to cost us if we do well I don't know the city is going to get in trouble

[6:25] I mean we we've told Miss we told told the

[6:30] the property owner you know stop building until you comply with our

[6:36] building ordinance and submit an appropriate

[6:40] application that doesn't resolve the street issue but it would resolve if you

[6:44] want to go ahead and build that's what you're saying but you but I I think you

[6:48] got to realize you you as a homeowner may never

[6:53] get an accepted public Street in the Garden City that may or may not concern

[6:58] you but if Kyle Burton came to the city in 2007 when you guys made a variant for

[7:03] him he he came in 2003 three whatever that's meaning that the city did accept

[7:10] that plan at that time no we accepted the variance I was I was the one a

[7:14] variance for for curbs for the curbs we just took the curbs and it was noted in

[7:19] David Lam's letter that the that that street was was not approved for

[7:25] acceptance until it was brought to C it it says and City standards is the word

[7:32] used exactly and normally what happened in that process like I explained before

[7:37] is the street did that was the last bit of approval of any subdivision because

[7:42] of the traffic that we had to go through effect now the 2003 yeah he has to

[7:49] present that street back to us now if he presents that street back to us and we

[7:53] tell him Jerry you have to do XYZ and he says oh hell no I'm not doing it well

[7:59] guess guess what that street don't get approved till Jerry does that that's per

[8:03] the ordinance now we had it was the same when he had a subdivision over here a

[8:07] Pioneer we had a bunch of potholes that the trucks had made they tore up the

[8:12] street there was a little bit of argument with Jerry I was on the council

[8:15] at the time I met with him over there I chocked it in yellow I said this is what

[8:20] you got to do it has to come up it has to come out eventually yes he did do it

[8:24] because he didn't want to be removing snow from that street and having the

[8:29] neighborhood people draw a lawsuit against him so yes he did fix the street

[8:34] to our specifications and we accepted it back into the

[8:41] city so this is not it's not so much about um not allowing Mr Mulla to build

[8:48] but it's I know this is a terrible thing to say right now because I know where

[8:51] you guys are coming from if I were you I would be upset also no problem with that

[8:56] but you want to be protected you want want you want streets out there you you

[9:01] want to make sure that your house is built well and you don't have any

[9:06] problems and that's all he needs to do is come in and do because he told me

[9:12] he'd done it he told me he'd done it then I found out he hadn't so I think

[9:18] he's done a little bit on a few things they've asked but he's not went

[9:22] overboard on what done does it have to be Jerry M and Jerry come in mean I'll

[9:28] do it if I need to do it yeah anybody

[9:32] can encourage and do

[9:37] it he says he has it all so it sounds like it's pretty simple he has told us

[9:42] over and over and over hasn't provided it but he's told us over and over and

[9:46] over I have it all well we don't have the I know we don't have the Su sub

[9:50] plans okay I need I'm going to need a permit

[9:55] before I go spending the money to get a septic system plan and start you have to

[9:59] have it says on the one of the things you have to have a potty Pond or a

[10:03] septic plan are we going to issue I won't AC I mean I myself can't accept it

[10:09] I I would call for counsel would we accept that without that I'm assuming we

[10:14] shouldn't without that that you you've got to guide me I'm going to get one

[10:18] there's no doubt about it you got to in C but see he's going to have to have

[10:23] well I'm not getting into it but he's got to have a lot for you to even get I

[10:27] see there's been no percolation test we're in the process we shut it down

[10:31] that that doesn't stop you he repeated it does not stop you from doing the perk

[10:36] we have to have all that for C County I mean that's a that's on the city's hands

[10:40] there that's a county no actually what happens is we're the overseers of it the

[10:45] county tells us but we're the ones that have to enforce it so yeah Jerry should

[10:50] have proceeded with that instead of shut it down because that was just one other

[10:55] item that you would hadan we're close should explain that tells us is

[10:59] what it tells us is because of the neighbors that are going to be around

[11:02] what type of system you have do do you have enough room for a lagon system or

[11:06] you going to have to go to an ariation system and the DNR is going to be part

[11:09] of that I mean this is just not only what we've done here I know you're

[11:13] frustrated I would be too I'd be mad as hell but the DNR is going to require us

[11:18] to do have certain things done since we have to sign off on it if something

[11:22] happens and it's wrong it falls back on Garden City so there's some things that

[11:28] have to be done right and I'm just going to lay it out to you honestly I had this

[11:32] conversation four times with M mall yesterday twice I I had some nice

[11:37] language presented to me and I told him explicitly you need to do X Y and Z

[11:44] don't draw it out on a paper you're going to have to run over to Sam stene's

[11:48] office have him draw you a plot plan pay the fee for it and bring it back legally

[11:55] to us and there are maybe some things that I know the probably won't agree

[11:59] with but there are some things we can put

[12:02] off to be done at a later date but it has to be done Jerry can't he he can't

[12:07] come back in and say you know oh I'm not going to you know we tell you we need it

[12:11] later we need it I think you could be the one to

[12:15] encourage him because I've done I'll just do it you do it myself

[12:21] okay well there's a checklist but I'll explain that you're you're you're going

[12:25] to have to get a lot from him and he has told us got it all now when he filled

[12:30] out the last one that I received today I believe it was the last one this morning

[12:35] this morning the last one he filled out every other thing on the checklist was

[12:41] city has city has city has city has that's what he wrote on it and we had

[12:46] told him not going to accept that it's not

[12:50] for us to provide for you uh well again I will be the lest on between you and

[12:58] I'll let him explain more he told me I had the survey and so I asked if the

[13:04] survey on the Miler was the was the true survey and I understood it's

[13:12] not a survey he kept saying you hav it why are you asking me for it but I can

[13:17] seen a survey I have seen a myar with a description a PL I mean it's been

[13:23] surveyed because I bought the lots and it would be very simple to have the

[13:27] survey that's what we kep legal description I have

[13:30] legal no that's checklist I'll show you it would be nice if the application

[13:35] describ Lots upon which the building we did handdraw one I was part of that but

[13:41] it did we got the measurements that is correct are you building are are you

[13:46] building on two the building that's went up now never mind I can yes it's on two

[13:51] lots I suggest that we move on really we've got it U but this is to protect

[13:59] you guys if you ever sell this house and have and and you have a buyer to go for

[14:05] financing and they get into this they'll never loan money on that

[14:11] house and if the streets are not done right and you find out that there isn't

[14:17] really a call aack but just a street that's going in and that's what Malla

[14:21] told me personally today uh you're you're right there

[14:27] sitting on that on two lots by that Colac and the Colac is is not even built

[14:34] designed to standard and I mean we're trying to help

[14:38] you

[14:44] guys okay thank you very much Mr Weedman and thank you thank you um we will Mr

[14:54] W know what my Mr Mrs W will

[15:04] that call Jerry Jerry Jerry okay I've heard that a lot tonight okay so um if

[15:11] you'll just come in and get with Von um okay we are going to have now go to

[15:19] comments from residents and

[15:25] po if You' like to

[15:34] good evening my name is Connie poisel Co Inn IE poisel p i I reside at 45 County

[15:40] Road f f is in Fox and gston Missouri I am uh under a time constraint of three

[15:45] minutes so I have a series of questions that I'm going to share with the council

[15:48] all at once because you can respond to those without being under a time

[15:52] constraint as I am uh my first question was uh why are the public comments why

[15:58] was the public comic section placed at the end of the agenda that was addressed

[16:02] by the mayor so I'm amending that question to uh be does the rest of the

[16:06] council agree with that that it should be kept at the end to show courtesy to

[16:11] uh those visitors that are here there's also something to be said about showing

[16:14] courtesy to the citizens and allowing them to speak earlier before action is

[16:19] taken by the council so that they can speak before the full counsel and share

[16:23] their comments regarding whether they support something or they don't support

[16:26] something uh the next question would be uh why was the new procedure regarding

[16:31] public comments that was implemented tonight why does that appear to have not

[16:34] had prior board consultation and or approval what is the city business what

[16:40] is a definition of City business uh as it is referred to under the new comments

[16:46] procedure why was the April 4th meeting cancelled after originally being

[16:50] rescheduled and why uh has there not been a published resolution to what may

[16:55] be uh claims for exessive PRP time and then the last question uh would be

[17:02] uh regarding the resending of ordinance two 2014-

[17:07] 637 uh I realize that the city only has to meet the minimum requirements of the

[17:12] law however uh I would like to think the council goes above and beyond just

[17:17] minimum requirements I'm sure in your professional life you all go above and

[17:21] beyond just minimum requirements uh for the clients that you might have and as

[17:26] far as the advice of the Missouri uh Municipal Le they represent cities not

[17:31] citizens and their job appears to be often to describe how cities can offer

[17:38] the minimum uh without getting into AAR with the law so those are my questions

[17:43] that I submit to the full council tonight for their consideration and

[17:48] their

[17:51] response thank you and we will take your questions under consideration so may I

[17:56] ask what would be the timeline for resp respon on that and will it be verbally

[18:00] at a at an open session of the council meeting or will it be in writing form

[18:04] that will be submitted to me or mail to me or I pick up at City Hall or

[18:09] whatever you and I can talk well I would prefer to talk and I'm pretty sure offer

[18:14] I appreciate your offer but as a citizen I am going to insist that I address my

[18:20] full counsel once a month I don't think that's too much to ask and then I get a

[18:24] response from them regarding those questions but is am I to understand that

[18:28] your response is you and I could talk or you will all Andor you will all consider

[18:34] your responses and I will get those responses perhaps maybe in some form

[18:40] maybe not written maybe not spoken maybe next month or not is that correct I just

[18:45] want to thank you for coming in well thank you for allowing me to do

[18:53] so okay now I'm going to motion to go no oh

[19:01] I no I yeah I want to ask for motion to go into close session pursuant to rsmo

[19:12] 61021 do we have a second

Garden City MO Board of Aldermen Meeting Tuesday May 2, 2017 Part 3 of 3

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