Minutes-Special Meeting August 12, 2013

The Board of Aldermen held a meeting on Monday night August 12, 2013 at 7:00 PM.  Those present included Mayor Greg Richmond, Alderpersons Calvin Wilson, Alice Kezar and Bill Hess. Also present were City Supervisor David Brodie, Chief Curt Drake, Officer Bill Cagle, Emergency Management Director Denis Kolb and City Clerk Paula Brodie. Guests included Lois Kolb, Katrina Hine from McDonald County Press, and Marshall Long and Jimmie Morgan from the Goodman Fire District, Mr. and Mrs. Coe and J.R. Fisher. Ald. Kohley was not present.

The Mayor called the meeting to order at 7:00 PM.

The Board of Aldermen discussed the minutes from the meeting on July 16, 2013. Ald. Ald. Hess moved to approve the minutes from July 16, 2013.  Ald. Kezar seconded. Ald. Hess and Kezar voted aye with Ald. Wilson abstaining.

The Board of Aldermen discussed the minutes from the meeting on August 6, 2013. Ald. Kezar moved to approve the minutes from August 6, 2013.  Ald. Hess seconded. Ald. Hess and Kezar voted aye with Ald. Wilson abstaining.

Citizens business.    

The Mayor acknowledged JR Fisher, who asked the Board to change the city zoning code to restrict the amount of accessory buildings allowed on a property. The Mayor stated that he believed that Section 405.10 Section E addresses Mr. Fishers request because it only allows 30% of a person’s property to be covered by buildings. He then proceeded to read Code. The Mayor stated that the Zoning codes were drawn up in 2001 and where designed to help with the handling of future building.

    Mr. Fisher informed the Board that the surveyor he had  hired   while doing the survey discovered that he could not find the survey pin on the southeast property line between the Coe’s property and the Fire Station. He said the surveyor told him that the pin must be under the Coe’s out building. He also noted that the building was on the city alley easement too.

Marshall Long, from the Rural Fire District Board stated that he believed the Coe’s should be made to move their accessory building off of the pin. He stated that he would like the Board to have the Coe’s move their building at their expense so that the survey pin would be accessible. He further stated that while the Coe’s were moving that building they should be required to place the building 5’ feet from the side and back property line

The Mayor stated that he felt it would be the Coe’s responsibility to move the building at their expense since they placed their building on top of the survey pin, however he did not know the legal standing on once the building is moved, would it not be considered grandfathered in anymore and would have to be placed on the lot per the Code requiring an accessory building be 5’ from all property lines. Marshall stated he did not know when the building was placed there, whether or not it could be considered grandfathered in or not.  Marshal stated that where the Coe’s had placed the building caused the Fire Department problems in getting their equipment in and out of the building and blocked their vision while entering and exiting the fire station. He said if he knew the Coe’s had set their building on the Fire Department’s survey pin he would have asked them to move it a long time ago. He also noted that the problem the fire department is having getting equipment in and out safely is proof why the 5’ foot from the property line is a good requirement.

Ald. Wilson said that he thought a lot of the lots in town would not pass the 30% coverage requirement, because a lot of the lots are small and odd shaped. It was noted that those would have occurred prior to the zoning code taking effect. The Mayor stated back when the Code was drawn up the Board and other citizens worked to make a zoning Code that would benefit the citizens. Mr. Fisher stated that while talking with his surveyor they discussed the need for the 5’ requirement and he said his surveyor said it was probably to keep buildings from being put so close together that if there was a fire it would be hard to get to the buildings and would make it easier for the fire to spread. He said that was probably why that part of the code was included in the zoning codes.

Ald. Wilson stated that he wished that people could get along better and that the situation had not occurred. He said it really did not make a difference to him whether the building was set 3’ or 5’ from the property line. He said he understood that the building Mr. Coe was going to put up was 24’ by 20’ and would be classified more as a garage, than a carport. He asked why the Coe’s couldn’t turn the carport and make it fit. Marshall stated that the Board should address the situation and hold the people to the codes that are in existence, so that future Boards wouldn’t have to deal with it in the future.

Mr. Coe asked why Marshall Long was questioning things now when the buildings had been there for a long time. Marshall stated that he had just found out from the surveyor that Mr. Coe’s building was sitting on the Fire Departments survey pin. The Mayor stated that if Mr. Coe had placed the building on his own property in the first place the pin would never have been covered up. Mr. Coe stated that all of the pins to all of the properties have always been there.  Marshall stated that now they know the building is over the pin, Mr. Coe should move the building. He said if Mr. Coe sold the property the new owners would think that the buildings were on their property when they are really on the Fire Department property. Marshall also stated that Mr. Coe is encroaching on the Fire Department Property, by placing his buildings on the Fire Department line.

Mayor Richmond stated that he did not know if the City could make the Coe’s move their building as it was on Fire Department property not the City’s property, but if it is moved then the attorney would need to advise the Board on whether or not Mr. Coe would have to place the building 5’ from the property line.

Mayor Richmond stated that the Coe’s have filed an application for a variance and requested a hearing. He said it was up to the Board to decide whether or not they were going to go ahead and schedule a public hearing. .

J.R. Fisher said he did not have a problem with Mr. Coe placing the building on his lot as long as he placed it closer to Mr. Coe’s house and away from Mr. Fisher’s fence.

Mr. Coe stated that the opinion of people around town was that they felt it was a good thing for him to have the building to hide his stuff in instead of having it out in the open. The Mayor stated that was not the question at hand. The question at hand was whether or not the Coe’s had to place their building 5’ from all property lines.

David stated that he felt the Board had moved off of the agenda. He noted that the Mayor had taken care of Mr. Fishers request and suggested the Board move on to the next item on the agenda.

Ald. Hess said that when the Board was first discussing the variance, there was only the question about making Mr. Coe stay with the code of placing his building 5’ from the property line, now several other things have come to light that the Board must consider.

David stated that it was a fact that Mr. Coe wanted the variance on the 5’ and now he may need a variance on having more lot coverage than is allowed by the City Zoning Code.

Ald. Hess stated that he did not see that the Board needed to address how many buildings can be on a lot as the 30% coverage code would control that.

The Mayor asked if the Board wanted to go ahead with the agenda and then when they got to the part of the agenda where they were to set a public hearing date for the variance they could decide on a date. The Board agreed to move on with the agenda.                

The Mayor stated that Mr. Gilmore was not present. The mayor read a letter left by Mr. Gilmore with the clerk after the last Board meeting. Mr. Gilmore stated in his letter that he was against the annexation. Mr. Gilmore also stated in his letter that he was concerned about the Fire District’s boundary because of where the City of Anderson annexed to on 59 Highway. Marshal Long, president of the Rural Fire District stated that if the City of Goodman annexed in 59 Highway to the north City Limits of Anderson it would not change where the Goodman Fire District boundary is.  He noted that the boundary was set by the courts. The Mayor then read a        letter from Mr. Anglin which stated his objection to the annexation. Mr. Anglin stated in his    letter that he did not want his property annexed into the city. The Mayor stated that he had the clerk write a response letter to Mr. Anglin informing him that the Board had no intention of     annexing his or anyone else’s property into the Goodman City Limits. He asked the Board if they wanted the clerk to mail the letter and they agreed to have the letter sent.

The Board began the business section of the meeting starting with unfinished business.                

                   a. The Mayor opened the bid for the 1988 1 ton Chevrolet truck. The bid was from Richie Winn   in the amount of $500.00 for the truck as is. The Mayor noted that the Board could accept or reject the bid. David stated he thought they should accept the bid as he did not think the Board  would receive any higher bid and that it would be better to sell it than just have it sitting around.

                        Ald. Hess moved to accept the bid from Richie Winn in the amount of $500.00.  Ald. Hess  seconded. Ald. Hess, Wilson and Kezar voted aye with 0 nays.

                        b. The Board of Aldermen discussed setting a date for the public hearing for the Coe's Variance  request. They agreed to set the public hearing on September 3, 2013 at 6:30PM, before the regular meeting.

The Board discussed the following new Business.                

                   a. The Board discussed Bill # 2013-436 for Ordinance # 2013-446. The Court clerk explained       that the Office of State Courts (OSCA) had sent out information to all Courts informing them of        an Attorney General’s Opinion of whether or not Municipal Courts should be collecting the   Sheriffs Retirement Fund as part of their court cost fees. She noted that the present Attorney         General interpreted the Statute RSMO. 57.955 to include all courts, including all municipal      courts. She noted that OSCA has informed all courts that are on the JIS system that they will be         adding the fee to the Municipal Court Costs in the JIS computer system, to be effective August 28, 2013. The fee is $3.00 per ticket which will raise the courts costs from $29.50 to $32.50. She noted that Judge Davidson had looked at the information from OSCA and agreed that the Board should increase the court costs by the $3.00 fee.

                        Ald. Wilson moved to approve the first reading of Bill # 2013-436 for Ordinance # 2013-446 increasing the court costs by $3.00 for the Sheriff’s retirement fund. Ald. Kezar seconded. Ald.Wilson, Hess and Kezar voted aye with 0 nays.

                   b. The Board discussed having the Missouri Rural Water Association, (MRWA) create a GPS       map of the City’s water/sewer system. David explained that everything the city has such as water        lines, meters, shut of valves, fire plugs, sewer lines, lift stations, etc. would be put unto maps     using GPS. He stated that he had visited Pineville, who had recently had Missouri Rural Water     Association create their maps to look their system over. He said he was very impressed and noted that the computer program that you use is very user friendly. He told the Board that he felt      that the mapping system would be cost effective.  It was noted since the City is a member of the     Missouri Rural Water Association they would get a better price from them than pricing it with other companies. Ald. Wilson noted that the city had money from the water lawsuit which should have supplied maps and didn’t. He stated he felt the Board should use those funds to get the maps done. David stated that the cost of $10,000.00 was an estimate, and that the MRWA   representative said it would probably not take the complete $10,000.00.

                        Ald. Wilson moved to allow David to contact the MRWA to set up the mapping for the city’s  water/sewer system for $10,000.00.  Ald. Hess seconded. Ald. Hess, Kezar and Wilson voted aye with 0 nays.

                   c. The Board discussed renewing the contract with Joplin Humane Society. It was noted that the charge per animal has risen from $37.00 to $37.80.

                        Ald. Wilson moved to approve the Mayor’s signing the contract with the Joplin Humane Society. Ald. Kezar seconded. Ald. Kezar, Hess and Wilson voted aye with 0 nays.                

Department heads reports were as follows:    

                   a. Chief Drake.     Curt stated he would like to apply for a Local Law Enforcement Block Grant. He gave the Board a copy of a summary of the local law enforcement block grant application and      what items you could get under the grant. He said that the grant supply’s funds for Police       Departments purchase equipment that the departments need but cannot afford. He said that the    Board would need to approve the 10% local match of $1,000.00 to $2,000.00 prior to his filing the application. He noted that no money would be spent until after January 1, 2014, when the grant is awarded. Curt told the Board that he would like to purchase on board car   cameras, communication devices, mobile and portable radios and a shot gun rack. The Board needs to include the line item of $1,000.00 to $2,000.00 on the 2014 City Budget.

                   Ald. Hess moved to make available on the approval of the grant a minimum of $1,000.00 and a maximum of $2,000.00 as the City’s match. Ald. Wilson seconded. Ald. Hess, Kezar and Wilson voted aye with 0 nays.

            a. Curt noted that he was taking the Ford Expedition to Clint Walker in Anderson to look at the Expeditions air conditioning system.

b. David Brodie stated that Paul Crews has all of the parts ordered for the repairs to be made on the Southwest Lift Station. He also noted that he has Stan Dugger lined up to help with the pumping of the sewage while the lift station is out of service.

                        David informed the Board that he had Jimmie Morgan look at the sludge truck and Jimmie had told him that the kingpins were bad and the springs are completely worn out. He said that Jimmie has a newer front end that he would swap out with the City and install it for $400.00. Jim noted that the newer front end has air breaks, more springs and is a beefier front end then what is on the truck now.

                        Ald. Wilson moved to have Jim Morgan change out the front end for $400.00. Ald. Hess seconded. Ald. Hess, Kezar and Wilson voted aye with 0 nays.

                   c. Denis Kolb.   Had nothing to report.

                   d. Dawn Bunch –  Was not present but it was noted that the Board had received her monthly report in their last packets.

                  e. Paula Brodie.  Asked the Board to be allowed to attend the Missouri Municipal League’s Annual Conference. She noted that the cost was $275.00 for the seminar fees plus a hotel for 3 nights. She noted that if the Board allowed her to attend she and the Pineville Clerk would split the cost of the hotel, and they had also agreed that they would stay at a different hotel to lower the expense for the hotel fees. She stated that the MML Annual Conference is one of the best places to glean information to help with the management of the City. She stated that she would    bring back all of the information that she received to the Board.

                   Ald. Wilson moved to approve Paula to attend the Conference. Ald. Hess seconded. Ald. Hess, Kezar and Wilson voted aye with 0 nays.    

                                               – noted that it was time for her annual Court Conference in Jefferson City, seminar fee of $125.00 plus 2 night’s hotel.  She stated that she must maintain 10 hours of training to keep her certification and that the cost is covered under the Judge’s training fee that is charged to each defendant on each ticket.

                   Ald. Wilson moved to approve her attending the Court Conference.  Ald. Kezar seconded. Ald.Wilson, Hess and Kezar voted aye with 0 nays.

                  – noted that the 59 Highway Annexation Public Hearing is set for August 20 2013 from 6:00-6:30PM.                                             

                 – noted that the 2013 tax levy Public hearing is from 6:30-6:45PM on August 20 2013. The tax levy amount is .06332 per $100.00 evaluation, which is the same amount as  the last two years. The Ordinance will be voted on twice the same day.

David noted that he wanted the Board to be aware that there could be some unforeseen cost on the sludge truck repairs but he thought they would be minimal.

The Clerk noted that the Board had paid the bills at the last meeting but still needed to vote to approve them. The Board discussed the bills including transfers in the amount of $28,538.76. Ald. Hess moved to approve the bills including transfers in the amount of $28,538.76. Ald. Kezar seconded. Ald. Hess and Kezar voted aye with Ald. Wilson abstaining.

Ald. Wilson moved to adjourn. Ald. Hess seconded. Ald. Hess, Wilson and Kezar voted aye with 0 nays.