City Council Meeting Minutes

Date: Monday, February 12, 2024
Location: Houston Lake City Hall

The regular meeting of the City Council Meeting of Houston Lake, Missouri, was called to order by Mayor Chuck Stone at 7:39 p.m.

On roll call, the following members were present: Alderman Sarah Loring, Alderman Annmarie Murphy, Alderman Teena Walker-Robin, Mayor Chuck Stone Absent: Alderman Ashley Fuglestad

• Alderman Loring motioned to approve the agenda for February 12, 2024. A voice vote passed with all Ayes.
• Minutes for 10/09/2023 were tabled again for lack of a printout due to the continuing wifi issue although they were available on the Gdrive.
• Alderman Murphy was absent from the November, December, and January meetings and abstained from voting on those minutes. Alderman Fuglestad was absent from this meeting so a voting quorum could not be achieved. Consequently, approval of the November, December, and January minutes was tabled to the next month’s meeting.

• Fire Department: No representative was present, and no report was provided.
• Sheriff’s Report: During the discussion, an update on January’s service calls was provided, noting six incidents, including an Amazon driver bitten by a dog and the apprehension of a suspicious individual with an outstanding warrant at the park. Concerns were raised about the lack of progress in acquiring a new animal control officer or alternative measures due to funding constraints. Efforts to address rabies checks and stray animal incidents were emphasized, with a need for additional chip readers highlighted. An offer was made to connect with relevant resources or individuals to obtain chip readers.

• President Pam Freese of VGHA announced that the upcoming meeting is set for Wednesday, February 21st, at 6:00 pm.

• Resident Pam Freese brought attention to the necessity of resurfacing the only remaining public gravel road in Houston Lake, Johnson Trail, proposing its inclusion in the upcoming budget for the following year. She highlighted challenges related to truck access caused by overhead power lines.
• Resident Lisa Shepard voiced apprehensions regarding suspected criminal activities occurring near her home. Sergeant Dougherty recommended vigilant monitoring of the situation and encouraged homeowners to report instances of trespassing, potentially leading to towing.
• Resident Lisa Shepard questioned the need for a printed city directory, advocating for an online alternative. Mayor Stone responded that there are currently no plans for an online directory due to privacy concerns and the absence of digital access among some city residents.

Burn Permits

• 5444 NW Venetian Dr., 5509 & 5523 N Adrian Ave – Alderman Murphy motioned for approval. Alderman Loring seconded the motion. A voice vote resulted in unanimous approval.

Building Permits

• 5417 Venetian Dr. – Alderman Murphy motioned for approval. Alderman Loring seconded the motion. A voice vote resulted in unanimous approval.
• 5409 NW Venetian Dr. – Alderman Loring motioned for approval, Alderman Murphy seconded the motion. A voice vote resulted in unanimous approval.

Treasurer’s Report

• Approval of the February 2024 report – Alderman Murphy motioned for approval. Alderman Walker-Robin seconded the motion. A voice vote resulted in unanimous approval.

Pay Bills

• Approval of the January 2024 report tabled from the January Meeting
  • Alderman Murphy had to abstain due to absence last month and a quorum couldn’t be achieved because Alderman Fuglestad was absent from this meeting so approval was tabled.
• Approval of the February 2024 repor
  • Alderman Loring motioned for approval. Alderman Murphy seconded the motion. A voice vote resulted in unanimous approval.

Old Business

• VGHA distribution plan for distributing fill dirt to residents by request
  • The written plan presented by VGHA President Pam Freese was accepted by the council with no questions.
• Resolution to formalize the arrangement whereby the Venetian Gardens Homes Assoc (VGHA) and the City split grass-cutting expenses
  • The revised resolution was distributed and the issue was tabled for discussion at the March meeting.
• Jumping the curb at City Hall
  • The continued deliberation centered on parking challenges faced by residents encountering difficulties navigating the barrier curb at City Hall, especially during meetings or inclement weather. Important aspects discussed included the height and steepness of the barrier curb, its role in directing stormwater to the 2-foot-wide flume, and the suggestion to substitute it with a lazy-back curb rising to the same height at an angle suitable for vehicular passage. Furthermore, there was a proposal to integrate the issue of expanding the flume and altering the curb into the forthcoming dialogue on Road funds and Stormwater grants, particularly in light of the flooding incident on that road section last August.
• Informational update on the 2023 Outreach Grant
  • The Platte County Parks Board has asked us to present in person and answer any questions they may have. We have agreed. The discussion included a suggestion that the grant be directed to a new park by the bridge and private beach, perhaps the bridge itself as a park. The grant deadline has passed, it’s far too late to begin work on a totally new project. Additionally placing a second public park in a city this small is going to be hard to justify or maintain, and placing it next to private amenities is going to be problematic.
  • Resolution to fund the 2024 replacement grant – Alderman Loring motioned for approval. Alderman Murphy seconded the motion. A voice vote resulted in unanimous approval.
• Update on the Holiday Street Decorations
  • The update revealed that new decorations were funded, purchased, and assembled in 2023. Complications arose during the implementation phase of the project concerning the selection of 17 poles out of >80 across the city, along with finalizing a mounting strategy. Consequently, the debut of the street decorations is planned for the holiday season of 2024.
• Email address to be used when posting ads for the City Clerk position
  • During the discussion regarding the email address for posting ads for the City Clerk position, it was proposed to direct respondents to the city council distribution list email address for purposes of transparency. Clarification was sought and confirmed on the City Clerk position being a board hire, and the significance of using the city council distribution email address was emphasized. It was requested that the mayor agree to this. The mayor declined to comment. It was suggested that utilizing the city council address would provide documentation and safeguard the interests of the city and the mayor. The mayor confirmed that all ads he had posted utilized his mayor@ email address. There was a suggestion that if the mayor refused to involve the Board in recruitment efforts for this board hire, he should reconsider posting ads for the position. The mayor reiterated his decision to not address the matter further.

New Business

• Legal grounds for the Mayor’s assertion during the November City Council Meeting that resolutions are required for discussions of workflow – During the discussion Alderman Walker-Robin highlighted that there is no requirement for resolutions to establish workflow or policy. She pointed out that there are a plethora of instances in the record of this fourth class city demonstrating that policies have been historically established through board votes without a requirement for writing a resolution before having a discussion. Furthermore, she noted a flaw in the Mayor’s logic, mentioning a recent incident where the Mayor sought assistance on building permit workflows shortly after refusing to discuss workflow for drafting agendas without a resolution. This inconsistency highlights the impracticality of requiring resolutions for every policy discussion. Mayor Stone referred to a section in the MML City Clerk manual stating that resolutions are for deciding policy while ordinances are for legislative matters. Alderman Walker-Robin clarified that while resolutions can be used for policy, it is not a mandatory requirement. The Mayor acknowledged this and indicated that he was paraphrasing the manual. In conclusion, it was agreed that discussions on workflow and policy will proceed without the necessity of writing resolutions in advance.
• Proposal from HOA for funding to assist with the printing of the city directory – The HOA Vice President presented three funding proposals for the printing of the city directory. Wendy clarified that the HOA’s contribution would be the covers that are being donated by a member, valued at $425. The proposals consisted of an estimate from Office Depot amounting to $525, which included donated cover pages and coupons, a $575 proposal from Linda Word, and an option for in-house printing at City Hall over several months, costing $363.20 with a $135 out-of-pocket expense. Wendy expressed concern about the delay in delivery associated with the in-house printing option. Following discussion, the council decided to proceed with the Linda Word proposal.
  – Alderman Loring motioned for approval of the proposal. Alderman Walker-Robin seconded the motion. A voice vote resulted in unanimous approval.
• Discussion on the best way to spend road funds in 2024, including listing and prioritizing opportunities to work with the Platte County Stormwater Grant to address flooding issues – The discussion focused on prioritizing efforts to tackle flooding issues. With the looming March 29th, 2024 deadline for grant applications, it was underscored that utilizing road funds for stormwater remediation could fulfill the city’s required 20% commitment for the grants. A proposed Stormwater Grant workflow outlined various steps, including identifying and prioritizing challenge areas, exploring opportunities for utilizing free fill-dirt from upcoming VGHA dredging to combat erosion, consulting with engineers, establishing budgets and long-term goals, earmarking funds, and collaborating on grant writing. Suggestions were made to consult an engineer to devise effective solutions, learn from past experiences, and focus efforts on addressing problem areas identified in 2021. There was also a suggestion to seek consultation from a County engineer instead of hiring a consultant. Additionally, specific issues such as flooding in front of City Hall, parking solutions during inclement weather, and improvements to curb design were highlighted. Areas like Adrian and Venetian Circle, designated flood plains, were noted as requiring attention to address flooding issues.
• Discussion on the upcoming board vote to abandon the ward system – The discussion noted that critics argue the ward system restricts voter options and limits potential council members in a small community like ours. They emphasize the importance of competence and dedication over geographic considerations when selecting council members, highlighting the need for a motivated workforce to address community needs. It was mentioned that in our city, distinctions between the Northside and Southside are minimal, with the entire city covering less than one square mile. Additionally, it was highlighted that two seats are open in the next election with no announced candidates, underscoring the importance of expanding the candidate pool to ensure representation.
• Discussion on the workflow for drafting and posting City Council Meeting agendas – The discussion concerned discrepancies regarding agenda management practices. There was a suggestion to establish a collaborative process for agenda management. It was proposed to postpone further discussion on this matter to the March agenda to ensure Alderman Fuglestad’s participation, given her expertise in digital publishing and project management. In the interim, it was recommended to continue the current process of carrying forward unresolved old business from the current month to the next to ensure continued attention. The intention was expressed to continue managing the creation and publication of agendas and minutes using digital publishing and Google Docs.
• Discussion of the location of signed contracts related to the Missouri American Water Infrastructure Improvements project – The council discussed an outstanding sunshine request for a copy of the signed contract between the City of Houston Lake and Missouri American Water. It was noted that the signed contract has not been located. The availability of a signed copy of the Right of Way (ROW) application, completed and submitted by Missouri American Water representatives, was mentioned. Mayor Stone confirmed that he had signed the ROW permit but stated that contracts are typically sent to the attorney for review. The need to locate the document to fulfill the sunshine request was reiterated. It was suggested to reach out to the city clerk from that period to inquire about where the contract would have been filed. Mayor Stone confirmed that the ROW permit was the only document he signed with American Water.
• Discussion of the location of signed and sealed ordinances passed during the current administration – During the discussion, it was noted that there is a sunshine request for copies of these ordinances, but they cannot be located in the city clerk files or the ORD book. Additionally, the ordinances do not adhere to a numbering system, making it difficult to determine how many are missing. The previous city clerk indicated that the originals would be in the city council meeting files, and the mayor has copies because he wanted them altered before codification. It was mentioned that the majority of the ordinances were administrative and would not need to be codified into the city code. There was discussion about the natural chain of custody for ordinances, from proposal to signing and sealing, with uncertainty about the repercussions of ordinances passed without retaining the signed and sealed originals. There was a suggestion to initiate a numbering system accounting for the missing ordinances and consult legal counsel about the repercussions of missing documents. It was decided to contact the attorney to inquire about any copies she may have and the potential repercussions
• Legal grounds for the Mayor’s assertion via email on Dec 21, 2023, that a new permit could be approved without a vote since the city council had approved a prior permit on the same issue – During the discussion on the legal grounds for the Mayor’s assertion made via email on Dec 21, 2023, regarding the approval of a new permit without a vote, it was noted that there is a need to clarify the statement. The Mayor provided a backstory, stating concerns about an erosion control permit for a lake dredging project. The board expressed concerns about the Mayor’s assertion, and there were attempts to refocus the discussion on the specific statement addressed in this agenda item. The Mayor did not provide a clear response, leading to frustration among council members. The discussion veered off-topic at times, with individuals expressing their opinions and grievances. Ultimately, the issue was not resolved, and there was a sense of frustration over the lack of clarity and resolution. The meeting moved on to other agenda items, but the matter remains unresolved.
• Legal grounds for the Mayor’s refusal to sign a permit approved by the Board of Aldermen – During the discussion, it was emphasized that once a document is approved, refusal to sign it without legal basis is not appropriate. The permit in question was associated with a dredging project previously discussed. Concerns were raised about the Mayor’s refusal to sign and the legal implications of such actions. There were differing opinions regarding the Mayor’s authority to refuse to sign an approved document. Some argued that if the Mayor believes the action is wrong, he has the duty not to sign it, while others emphasized the administrative technicality of his signature making the document legal. It was acknowledged that communication and clarity are essential, particularly in email exchanges between meetings. However, the discussion did not lead to a clear resolution, and the meeting moved on to other agenda items.

Reports from Councilmembers

• During Alderman Loring’s report, she highlighted the recent weather changes, noting warmer days and increased rainfall, suggesting that it’s time to consider cleaning out ditches, particularly those on individual properties. The responsibility for cleaning ditches on one’s property was clarified, emphasizing that there is no easement covering roadside ditches, but if a ditch crosses the road, it falls under the city’s responsibility. Alderman Loring shared her observation of choked ditches near her property, prompting a reminder to rake them out in the spring. Additionally, she mentioned the availability of a property tax freeze for seniors in Houston Lake, encouraging interested individuals to apply. Resident Lisa Shepard inquired about where she could find more information on the property tax freeze. Alderman Walker-Robin directed her to Resident Sharron Delafuente for more information, mentioning that Sharron has been tracking the issue for months and has excellent information on the subject. Resident Sharron Delafuente provided updates on the property tax freeze, indicating ongoing efforts to make it available to more people. The discussion expanded to include details about the eligibility criteria, including age and occupation, and the process of applying for the tax freeze, which requires proactive action from eligible individuals.
• Alderman Walker-Robin had no report.
• Alderman Murphy – “It’s overwhelming to be back. I missed a lot of the … I tried to keep up on the email but not all of this was in all of the emails I receive anyway. … A lot has happened over my time out. It’s nice to be back.”
• During the council member reports section, Resident Frank Wilson raised concerns about the city’s contract with Republic, particularly regarding missed trash pickups and the associated charges. He emphasized the need for clauses in the contract to address situations where services are not delivered as agreed upon. Mayor Stone highlighted the difficulty in altering Republic’s standard contract and likened it to negotiating terms of use policies with large corporations like T-Mobile. Frank expressed willingness to assist during contract renegotiations. Resident Sharron Delafuente shared her experience calling Republic’s customer service during a missed trash pickup, noting their responsiveness and explanation for the delay due to equipment issues. Frank mentioned his experience with Republic’s customer service, highlighting difficulties in reaching a live person during a similar situation.
• During Mayor Stone’s report, he addressed several issues. Firstly, he mentioned a resident’s complaint about missed trash pickups on Wagon Trail Circle, stating that he provided additional trash cans to assist with the situation. He also discussed the city clerk position, expressing concerns about the low pay and lack of interest in the role. The mayor proposed offering sign-on bonuses or separating the duties of the city clerk and records manager to make the position more appealing. Additionally, Mayor Stone shared his plans to attend the mayor’s prayer breakfast and participate in the Northland mayor’s meeting, which had been on hold for the past two months but was expected to resume in March.
• After the last council member report, Alderman Loring queried the Council about the upcoming election and the potential absence of two aldermen, including herself and Alderman Murphy, at future meetings. She questioned how the city would proceed if there was no quorum. Alderman Walker-Robin clarified that they wouldn’t be released until the new person is sworn in, but Alderman Loring pointed out that they would potentially have only two months left. Mayor Stone explained that he would appoint replacements, subject to approval by the city council. Resident Pam Freese inquired about potential replacements, to which the mayor mentioned having a few people in mind but not having taken action yet. Alderman Loring’s expressed concerns about the functioning of the city government in the absence of a quorum. Alderman Walker-Robin suggested Alderman Loring could consider the possibility of staying on, and asked if she would serve if written in. Alderman Loring remarked on the this being a hardsell based on the current meeting’s ambitious agenda.

Adjournment

• The next meeting will he held on March 11th.
• Alderman Loring motioned to adjourn. Alderman Murphy seconded the motion. A voice vote resulted in unanimous approval.
• The meeting adorned at 10:02 pm