[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