1 00:00:00,040 --> 00:00:07,040 you have that per we were yeah they issued 2 00:00:04,040 --> 00:00:11,599 one Bonnie was there one issue there was one issue he what he's asking do you 3 00:00:09,240 --> 00:00:15,639 have it in your hands actually it's the homeowner that should have been the one 4 00:00:13,120 --> 00:00:20,680 to apply so actually there's not been one turn them bu me but we were my 5 00:00:18,240 --> 00:00:23,680 Builder was present your Builder to do I mean I didn't know the home owner had to 6 00:00:21,760 --> 00:00:28,199 go get a building permit usually the home builder that's building the house 7 00:00:25,720 --> 00:00:28,199 for you 8 00:00:28,279 --> 00:00:34,760 does yep that's what I'm I'm pretty sure that most people that are building the 9 00:00:33,280 --> 00:00:38,360 house don't the home owner don't go pull the building from the home build I don't 10 00:00:36,239 --> 00:00:46,160 know how to tell you more plainly the ordinance needs to be complied with and 11 00:00:42,399 --> 00:00:51,800 application does and Mr Mulla has been told that and there has not been an 12 00:00:49,960 --> 00:00:55,239 appropriate the problem is is this should have been taken care of a month 13 00:00:53,079 --> 00:01:00,280 or so ago we were issued the permit at that time if if somebody would 14 00:00:58,199 --> 00:01:04,879 have called me or we have had a problem problem we would have took care of it 15 00:01:02,800 --> 00:01:09,080 but we weren't aware of it until last week whenever we got stop building 16 00:01:07,360 --> 00:01:12,840 letter when you're building a house that's pretty serious 17 00:01:12,960 --> 00:01:20,560 right so where do we go from here I mean Mr M just needs to come in and do what 18 00:01:17,680 --> 00:01:24,320 he's supposed to do or what is that I mean is it normal for the Builder to do 19 00:01:22,680 --> 00:01:29,320 this or is it normal for the home owner to do this we've had it done both ways 20 00:01:26,720 --> 00:01:33,280 and accepted it both way and I just want everybody to know know that we were 21 00:01:31,040 --> 00:01:39,320 issued a permit that's the reason we started building I'm sorry if it wasn't 22 00:01:35,399 --> 00:01:45,439 correct but we were that's that's our problem and and what he explained and 23 00:01:42,560 --> 00:01:52,600 has explained several times is to Mr Mela is that if he signed it he's saying 24 00:01:50,360 --> 00:02:00,320 I have done all these things even though we how it was handed out on our end when 25 00:01:56,880 --> 00:02:04,560 Mr McCulla signed it he is saying I've done all this and and when we went to 26 00:02:03,560 --> 00:02:08,920 look at it it 27 00:02:06,600 --> 00:02:13,560 wasn't we were just issued a permit we'll we'll take we'll do the steps that 28 00:02:10,720 --> 00:02:18,640 needs to be done I just need we need to start building I'll be glad to help you 29 00:02:15,040 --> 00:02:23,480 get started um I'm not the expert but I will try to do my best because he has 30 00:02:20,319 --> 00:02:28,800 guided me how to handle it with Mr Mulla so the sooner the better for you all 31 00:02:26,319 --> 00:02:35,440 probably well we just want to get you I do I want to get your house built why 32 00:02:31,440 --> 00:02:39,599 didn't Jerry come I he was invited that's why I showed up because 33 00:02:37,959 --> 00:02:43,879 we're starting to get pretty nervous I'm thinking maybe I should have rethought 34 00:02:41,280 --> 00:02:47,159 building in the city exactly I mean especially two months early I didn't 35 00:02:45,159 --> 00:02:52,360 realize that yeah they you could get issued a permit and then all of a sudden 36 00:02:48,760 --> 00:02:58,200 they get yanked back away it very upsetting and we're out a lot of money 37 00:02:54,440 --> 00:03:03,040 so far I mean it's not something we can stop we need to do what it's going to 38 00:03:00,760 --> 00:03:06,400 take to get your house that's what we need do and I'll do what you guys I'll 39 00:03:04,680 --> 00:03:14,200 do what he's asking me okay well I suppose best with the 40 00:03:10,959 --> 00:03:14,200 exception of protecting the 41 00:03:16,120 --> 00:03:23,920 city we well there's ultimately going to have to be some resolution concerning 42 00:03:22,040 --> 00:03:28,599 the street issue but that's not necessarily for today I mean it sounds 43 00:03:26,519 --> 00:03:34,239 to me like it's the last house built that's when you guys will have to 44 00:03:30,120 --> 00:03:40,280 resolution Street think there have to be agreement Mr Mulla 45 00:03:36,640 --> 00:03:40,280 owns all the other 46 00:03:40,680 --> 00:03:48,680 Lots so he it's actually the street issue their house to be built without 47 00:03:46,720 --> 00:03:53,920 the street being accepted because I know that on the subdivision ordinance it 48 00:03:51,200 --> 00:03:58,319 says we do not accept a street until it's built to code so you have I mean 49 00:03:56,799 --> 00:04:02,239 it' have to you guys would have to make him bring the street up once the last 50 00:04:00,239 --> 00:04:05,879 house rep because that's what the that's what the subvision ordinance says and I 51 00:04:04,239 --> 00:04:09,040 I told him when I read that this could be a problem if he's not doesn't want to 52 00:04:08,200 --> 00:04:15,120 do that your ordinance also 53 00:04:11,640 --> 00:04:21,759 say a resident build is supposed to have access to a public street so then you 54 00:04:18,400 --> 00:04:25,520 get into an issue does it's a private it'll be a private Street until you guys 55 00:04:23,440 --> 00:04:30,800 accept it I mean that's how it is right now is what you're 56 00:04:27,400 --> 00:04:38,039 saying the ordinance say the C out that the residence is supposed to connect to 57 00:04:34,160 --> 00:04:38,039 directly to a public 58 00:04:38,160 --> 00:04:46,440 street but I'm not saying that uh that could not be waved or 59 00:04:44,560 --> 00:04:51,800 varied if it's determined that that's going to be a private 60 00:04:49,400 --> 00:04:55,800 stre that's that's not that's not in my hands that's going to be between you see 61 00:04:54,440 --> 00:05:00,400 where we don't have trust in the city to make that 62 00:04:57,240 --> 00:05:05,440 happen What in the city the the applicant the developer of the 63 00:05:03,240 --> 00:05:10,240 subdivision has to request certain things if they're going to request a 64 00:05:07,160 --> 00:05:15,680 variance like when this subdivision was originally approved by the city the 65 00:05:13,080 --> 00:05:19,800 developer at the time Mr Burton sought a variance from the city council and so in 66 00:05:17,720 --> 00:05:26,560 ' 03 this is an old ordinance about Street 67 00:05:23,960 --> 00:05:32,479 standards and rock and depth and the amount of asphalt well he has to vary I 68 00:05:30,440 --> 00:05:37,880 don't want to put curbs and gutters I just want ditches and I want to put in 69 00:05:35,560 --> 00:05:43,319 an asphalt Street he originally wanted to put in a chip and seal and the city 70 00:05:39,720 --> 00:05:47,360 said no but the city waved its Street requirement with regard to Curves and 71 00:05:45,039 --> 00:05:52,880 gutters and so the original developer was supposed to put in so many inches of 72 00:05:50,520 --> 00:05:58,000 rock base and so many inches of asphalt didn't have to put in curves and gutters 73 00:05:54,960 --> 00:06:02,240 but the city never varied so the that I can see that 74 00:06:00,280 --> 00:06:08,919 you had to put some sort of Street in what's out there is probably a couple of 75 00:06:04,880 --> 00:06:11,160 inches of asphalt on an unknown quantity of 76 00:06:11,319 --> 00:06:19,720 rock okay I guess my question is what is the city's liability let's say Mr M 77 00:06:17,360 --> 00:06:23,240 bills what is our liability where can we get in trouble with this and what's it 78 00:06:21,280 --> 00:06:26,319 going to cost us if we do well I don't know the city is going to get in trouble 79 00:06:25,680 --> 00:06:33,000 I mean we we've told Miss we told told the 80 00:06:30,199 --> 00:06:38,759 the property owner you know stop building until you comply with our 81 00:06:36,919 --> 00:06:41,880 building ordinance and submit an appropriate 82 00:06:40,000 --> 00:06:46,960 application that doesn't resolve the street issue but it would resolve if you 83 00:06:44,680 --> 00:06:50,280 want to go ahead and build that's what you're saying but you but I I think you 84 00:06:48,919 --> 00:06:56,440 got to realize you you as a homeowner may never 85 00:06:53,599 --> 00:07:01,080 get an accepted public Street in the Garden City that may or may not concern 86 00:06:58,440 --> 00:07:07,039 you but if Kyle Burton came to the city in 2007 when you guys made a variant for 87 00:07:03,520 --> 00:07:12,560 him he he came in 2003 three whatever that's meaning that the city did accept 88 00:07:10,360 --> 00:07:17,039 that plan at that time no we accepted the variance I was I was the one a 89 00:07:14,440 --> 00:07:21,960 variance for for curbs for the curbs we just took the curbs and it was noted in 90 00:07:19,160 --> 00:07:28,919 David Lam's letter that the that that street was was not approved for 91 00:07:25,080 --> 00:07:34,360 acceptance until it was brought to C it it says and City standards is the word 92 00:07:32,080 --> 00:07:39,800 used exactly and normally what happened in that process like I explained before 93 00:07:37,000 --> 00:07:45,720 is the street did that was the last bit of approval of any subdivision because 94 00:07:42,720 --> 00:07:51,800 of the traffic that we had to go through effect now the 2003 yeah he has to 95 00:07:49,440 --> 00:07:56,840 present that street back to us now if he presents that street back to us and we 96 00:07:53,440 --> 00:08:01,080 tell him Jerry you have to do XYZ and he says oh hell no I'm not doing it well 97 00:07:59,120 --> 00:08:06,400 guess guess what that street don't get approved till Jerry does that that's per 98 00:08:03,400 --> 00:08:10,199 the ordinance now we had it was the same when he had a subdivision over here a 99 00:08:07,919 --> 00:08:14,000 Pioneer we had a bunch of potholes that the trucks had made they tore up the 100 00:08:12,319 --> 00:08:18,039 street there was a little bit of argument with Jerry I was on the council 101 00:08:15,919 --> 00:08:22,039 at the time I met with him over there I chocked it in yellow I said this is what 102 00:08:20,000 --> 00:08:27,159 you got to do it has to come up it has to come out eventually yes he did do it 103 00:08:24,479 --> 00:08:31,759 because he didn't want to be removing snow from that street and having the 104 00:08:29,520 --> 00:08:36,959 neighborhood people draw a lawsuit against him so yes he did fix the street 105 00:08:34,839 --> 00:08:39,560 to our specifications and we accepted it back into the 106 00:08:41,560 --> 00:08:50,320 city so this is not it's not so much about um not allowing Mr Mulla to build 107 00:08:48,000 --> 00:08:53,440 but it's I know this is a terrible thing to say right now because I know where 108 00:08:51,800 --> 00:08:59,240 you guys are coming from if I were you I would be upset also no problem with that 109 00:08:56,480 --> 00:09:04,000 but you want to be protected you want want you want streets out there you you 110 00:09:01,880 --> 00:09:09,440 want to make sure that your house is built well and you don't have any 111 00:09:06,360 --> 00:09:15,200 problems and that's all he needs to do is come in and do because he told me 112 00:09:12,600 --> 00:09:21,640 he'd done it he told me he'd done it then I found out he hadn't so I think 113 00:09:18,440 --> 00:09:25,000 he's done a little bit on a few things they've asked but he's not went 114 00:09:22,800 --> 00:09:30,040 overboard on what done does it have to be Jerry M and Jerry come in mean I'll 115 00:09:28,160 --> 00:09:33,959 do it if I need to do it yeah anybody 116 00:09:32,079 --> 00:09:40,360 can encourage and do 117 00:09:37,279 --> 00:09:44,440 it he says he has it all so it sounds like it's pretty simple he has told us 118 00:09:42,360 --> 00:09:48,000 over and over and over hasn't provided it but he's told us over and over and 119 00:09:46,160 --> 00:09:52,000 over I have it all well we don't have the I know we don't have the Su sub 120 00:09:50,279 --> 00:09:57,360 plans okay I need I'm going to need a permit 121 00:09:55,560 --> 00:10:02,040 before I go spending the money to get a septic system plan and start you have to 122 00:09:59,519 --> 00:10:07,120 have it says on the one of the things you have to have a potty Pond or a 123 00:10:03,800 --> 00:10:12,000 septic plan are we going to issue I won't AC I mean I myself can't accept it 124 00:10:09,800 --> 00:10:16,920 I I would call for counsel would we accept that without that I'm assuming we 125 00:10:14,800 --> 00:10:20,240 shouldn't without that that you you've got to guide me I'm going to get one 126 00:10:18,800 --> 00:10:24,640 there's no doubt about it you got to in C but see he's going to have to have 127 00:10:23,240 --> 00:10:29,519 well I'm not getting into it but he's got to have a lot for you to even get I 128 00:10:27,120 --> 00:10:34,440 see there's been no percolation test we're in the process we shut it down 129 00:10:31,480 --> 00:10:38,279 that that doesn't stop you he repeated it does not stop you from doing the perk 130 00:10:36,440 --> 00:10:43,200 we have to have all that for C County I mean that's a that's on the city's hands 131 00:10:40,639 --> 00:10:47,519 there that's a county no actually what happens is we're the overseers of it the 132 00:10:45,600 --> 00:10:52,760 county tells us but we're the ones that have to enforce it so yeah Jerry should 133 00:10:50,800 --> 00:10:57,040 have proceeded with that instead of shut it down because that was just one other 134 00:10:55,000 --> 00:11:01,079 item that you would hadan we're close should explain that tells us is 135 00:10:59,600 --> 00:11:04,480 what it tells us is because of the neighbors that are going to be around 136 00:11:02,560 --> 00:11:07,800 what type of system you have do do you have enough room for a lagon system or 137 00:11:06,200 --> 00:11:11,920 you going to have to go to an ariation system and the DNR is going to be part 138 00:11:09,800 --> 00:11:15,519 of that I mean this is just not only what we've done here I know you're 139 00:11:13,240 --> 00:11:20,680 frustrated I would be too I'd be mad as hell but the DNR is going to require us 140 00:11:18,560 --> 00:11:25,360 to do have certain things done since we have to sign off on it if something 141 00:11:22,560 --> 00:11:30,399 happens and it's wrong it falls back on Garden City so there's some things that 142 00:11:28,600 --> 00:11:34,920 have to be done right and I'm just going to lay it out to you honestly I had this 143 00:11:32,839 --> 00:11:40,079 conversation four times with M mall yesterday twice I I had some nice 144 00:11:37,600 --> 00:11:46,440 language presented to me and I told him explicitly you need to do X Y and Z 145 00:11:44,040 --> 00:11:52,320 don't draw it out on a paper you're going to have to run over to Sam stene's 146 00:11:48,680 --> 00:11:58,040 office have him draw you a plot plan pay the fee for it and bring it back legally 147 00:11:55,240 --> 00:12:01,959 to us and there are maybe some things that I know the probably won't agree 148 00:11:59,880 --> 00:12:05,320 with but there are some things we can put 149 00:12:02,800 --> 00:12:09,519 off to be done at a later date but it has to be done Jerry can't he he can't 150 00:12:07,360 --> 00:12:13,199 come back in and say you know oh I'm not going to you know we tell you we need it 151 00:12:11,000 --> 00:12:17,639 later we need it I think you could be the one to 152 00:12:15,360 --> 00:12:23,839 encourage him because I've done I'll just do it you do it myself 153 00:12:21,000 --> 00:12:27,600 okay well there's a checklist but I'll explain that you're you're you're going 154 00:12:25,079 --> 00:12:33,360 to have to get a lot from him and he has told us got it all now when he filled 155 00:12:30,959 --> 00:12:39,160 out the last one that I received today I believe it was the last one this morning 156 00:12:35,920 --> 00:12:44,959 this morning the last one he filled out every other thing on the checklist was 157 00:12:41,760 --> 00:12:47,639 city has city has city has city has that's what he wrote on it and we had 158 00:12:46,600 --> 00:12:56,160 told him not going to accept that it's not 159 00:12:50,639 --> 00:13:01,519 for us to provide for you uh well again I will be the lest on between you and 160 00:12:58,880 --> 00:13:09,000 I'll let him explain more he told me I had the survey and so I asked if the 161 00:13:04,560 --> 00:13:15,079 survey on the Miler was the was the true survey and I understood it's 162 00:13:12,320 --> 00:13:20,680 not a survey he kept saying you hav it why are you asking me for it but I can 163 00:13:17,440 --> 00:13:25,240 seen a survey I have seen a myar with a description a PL I mean it's been 164 00:13:23,079 --> 00:13:29,240 surveyed because I bought the lots and it would be very simple to have the 165 00:13:27,120 --> 00:13:33,560 survey that's what we kep legal description I have 166 00:13:30,639 --> 00:13:38,320 legal no that's checklist I'll show you it would be nice if the application 167 00:13:35,199 --> 00:13:43,959 describ Lots upon which the building we did handdraw one I was part of that but 168 00:13:41,560 --> 00:13:48,360 it did we got the measurements that is correct are you building are are you 169 00:13:46,279 --> 00:13:55,639 building on two the building that's went up now never mind I can yes it's on two 170 00:13:51,440 --> 00:14:03,240 lots I suggest that we move on really we've got it U but this is to protect 171 00:13:59,160 --> 00:14:09,120 you guys if you ever sell this house and have and and you have a buyer to go for 172 00:14:05,959 --> 00:14:14,680 financing and they get into this they'll never loan money on that 173 00:14:11,519 --> 00:14:19,720 house and if the streets are not done right and you find out that there isn't 174 00:14:17,320 --> 00:14:24,000 really a call aack but just a street that's going in and that's what Malla 175 00:14:21,920 --> 00:14:29,959 told me personally today uh you're you're right there 176 00:14:27,199 --> 00:14:35,959 sitting on that on two lots by that Colac and the Colac is is not even built 177 00:14:34,360 --> 00:14:41,120 designed to standard and I mean we're trying to help 178 00:14:38,880 --> 00:14:41,120 you 179 00:14:44,440 --> 00:14:53,320 guys okay thank you very much Mr Weedman and thank you thank you um we will Mr 180 00:14:54,079 --> 00:15:00,680 W know what my Mr Mrs W will 181 00:15:04,279 --> 00:15:15,800 that call Jerry Jerry Jerry okay I've heard that a lot tonight okay so um if 182 00:15:11,880 --> 00:15:22,279 you'll just come in and get with Von um okay we are going to have now go to 183 00:15:19,240 --> 00:15:27,600 comments from residents and 184 00:15:25,199 --> 00:15:30,600 po if You' like to 185 00:15:34,120 --> 00:15:43,120 good evening my name is Connie poisel Co Inn IE poisel p i I reside at 45 County 186 00:15:40,040 --> 00:15:47,000 Road f f is in Fox and gston Missouri I am uh under a time constraint of three 187 00:15:45,120 --> 00:15:51,240 minutes so I have a series of questions that I'm going to share with the council 188 00:15:48,920 --> 00:15:55,639 all at once because you can respond to those without being under a time 189 00:15:52,959 --> 00:16:00,199 constraint as I am uh my first question was uh why are the public comments why 190 00:15:58,079 --> 00:16:04,120 was the public comic section placed at the end of the agenda that was addressed 191 00:16:02,240 --> 00:16:08,600 by the mayor so I'm amending that question to uh be does the rest of the 192 00:16:06,920 --> 00:16:13,199 council agree with that that it should be kept at the end to show courtesy to 193 00:16:11,399 --> 00:16:16,399 uh those visitors that are here there's also something to be said about showing 194 00:16:14,680 --> 00:16:21,560 courtesy to the citizens and allowing them to speak earlier before action is 195 00:16:19,399 --> 00:16:25,000 taken by the council so that they can speak before the full counsel and share 196 00:16:23,519 --> 00:16:29,120 their comments regarding whether they support something or they don't support 197 00:16:26,680 --> 00:16:32,680 something uh the next question would be uh why was the new procedure regarding 198 00:16:31,079 --> 00:16:38,120 public comments that was implemented tonight why does that appear to have not 199 00:16:34,880 --> 00:16:43,079 had prior board consultation and or approval what is the city business what 200 00:16:40,839 --> 00:16:48,680 is a definition of City business uh as it is referred to under the new comments 201 00:16:46,199 --> 00:16:53,319 procedure why was the April 4th meeting cancelled after originally being 202 00:16:50,800 --> 00:16:59,199 rescheduled and why uh has there not been a published resolution to what may 203 00:16:55,759 --> 00:17:04,079 be uh claims for exessive PRP time and then the last question uh would be 204 00:17:02,199 --> 00:17:10,839 uh regarding the resending of ordinance two 2014- 205 00:17:07,160 --> 00:17:16,079 637 uh I realize that the city only has to meet the minimum requirements of the 206 00:17:12,880 --> 00:17:19,480 law however uh I would like to think the council goes above and beyond just 207 00:17:17,679 --> 00:17:23,439 minimum requirements I'm sure in your professional life you all go above and 208 00:17:21,039 --> 00:17:28,679 beyond just minimum requirements uh for the clients that you might have and as 209 00:17:26,000 --> 00:17:33,919 far as the advice of the Missouri uh Municipal Le they represent cities not 210 00:17:31,720 --> 00:17:41,360 citizens and their job appears to be often to describe how cities can offer 211 00:17:38,160 --> 00:17:45,799 the minimum uh without getting into AAR with the law so those are my questions 212 00:17:43,679 --> 00:17:50,280 that I submit to the full council tonight for their consideration and 213 00:17:48,000 --> 00:17:50,280 their 214 00:17:51,120 --> 00:17:58,360 response thank you and we will take your questions under consideration so may I 215 00:17:56,240 --> 00:18:02,679 ask what would be the timeline for resp respon on that and will it be verbally 216 00:18:00,480 --> 00:18:06,760 at a at an open session of the council meeting or will it be in writing form 217 00:18:04,919 --> 00:18:12,919 that will be submitted to me or mail to me or I pick up at City Hall or 218 00:18:09,440 --> 00:18:17,320 whatever you and I can talk well I would prefer to talk and I'm pretty sure offer 219 00:18:14,960 --> 00:18:22,520 I appreciate your offer but as a citizen I am going to insist that I address my 220 00:18:20,760 --> 00:18:26,440 full counsel once a month I don't think that's too much to ask and then I get a 221 00:18:24,159 --> 00:18:31,960 response from them regarding those questions but is am I to understand that 222 00:18:28,640 --> 00:18:37,159 your response is you and I could talk or you will all Andor you will all consider 223 00:18:34,400 --> 00:18:43,000 your responses and I will get those responses perhaps maybe in some form 224 00:18:40,679 --> 00:18:47,159 maybe not written maybe not spoken maybe next month or not is that correct I just 225 00:18:45,200 --> 00:18:50,480 want to thank you for coming in well thank you for allowing me to do 226 00:18:53,960 --> 00:19:03,559 so okay now I'm going to motion to go no oh 227 00:19:01,640 --> 00:19:09,919 I no I yeah I want to ask for motion to go into close session pursuant to rsmo 228 00:19:12,440 --> 00:19:16,120 61021 do we have a second