SOUTHWEST CITY -- Jose Manuel De la Cruz, of 206 E. Comanche Street, appeared before the Southwest City Council on Tuesday to discuss a permit that was issued in May for an add-on to a current structure on the property.
Mayor David Blake became aware that an entirely new structure has been built that was not approved, does not adhere to city-regulated setbacks and did not undergo proper building inspections.
As of Aug. 23, a cease construction order was placed on the property.
Due to a language barrier, Alderman Gloria Armstrong translated for De la Cruz.
De la Cruz apologized for not adhering to the procedure, saying that he was unaware.
Mayor Blake provided a copy of the letter that is provided after a permit is issued that outlines the building inspection process and necessary setbacks.
City Clerk Austen noted that an add-on requires a different permit than new construction.
Fire Chief Shane Clark added that there is no way to make the current structure compliant with the fire safety code due to its location and proximity to other structures.
"The whole thing has to be demolished and moved," explained Mayor Blake. "We cannot and will not make exceptions over them not understanding rules. When we sell a permit, it's on the permit."
De la Cruz expressed that he would like to leave the structure as-is until he has funds to overhaul the project.
It was determined that construction will remain halted until De la Cruz can collect the needed funds, the building's footprint is altered and resubmitted as a building permit request. If approved, payment for the previously approved add-on permit will be used towards the new permit.
Building code enforcement was later discussed. At this time there are no regulations regarding penalties for building without a permit, deviating from the approved permit or failing to obtain the required inspections.
City Clerk Austen noted that there is a $50 re-inspection fee, but after construction is completed, some inspections cannot be accurately conducted.
Alderman Shain Scott suggested that, if the proper procedure isn't taken and inspections are not completed, a certificate of occupancy should not be issued until proof of code compliance is provided.
City Clerk Austen will translate permits and inspections into Spanish as well.
The council conducted the first and second readings of Ordinance No. 638, establishing restrictions on selling and/or soliciting in Blankenship Park.
This ordinance prohibits selling and/or soliciting of goods within the city park including but not limited to yard sales, farmer's market vendors and mobile vendors. Exceptions are allowed for special events hosted at the city park and non-profit organizations with the intent of fundraising for their program (with written permission from the city and/or city council.)
City Clerk Austen made two recommendations that would improve internal office controls: implementing council review of reconciled bank statements and a policy prohibiting the use of signature stamps for checks and official city documents in order to prevent checks from being issued without a second reviewer.
City Clerk Austen went on to update the council on American Rescue Plan Act (ARPA) funds. The city has been approved for two disbursements totaling $192,907.01. She also learned from Missouri Municipal League representative Romana Huckstep that funds cannot be used for roads and cannot be used as the matching portion for grants.
Departmental Reports
Fire Chief Shane Clark reported that, since the last meeting, the department has responded to three motor vehicle accidents, one medical call and one triggered alarm, cleared one road obstruction, secured one gas leak, extinguished one grass fire and provided aid to neighboring agencies twice.
On behalf of Police Chief Bud Gow, City Clerk Krystal Austen reported the department has issued 25 tickets, assisted with one lock-out and provided assistance to neighboring agencies three times.
Public Works Director Shane Clark reported that the street department has been mowing and patching potholes along Cherokee, Academy, School and Broadway streets. The wastewater department has been working on the standby clarifier and preparing to have sludge hauled. Clark said that the north water tower has new exterior paint as well.
In other business, the council:
• Reminded the public that the fall cleanup will be held on Friday, Sept. 24, through Sunday, Sept. 26, at the wastewater plant on Stand Watie Road -- a paid utility bill will be required to participate;
• Approved a quarterly transfer of $52,202.50 from General Fund to Police Department;
• Spoke about an easement on a property listed to Bernard Neiter for the water project that has not been obtained;
• Changed City Hall hours to 9 a.m. through 5 p.m., Monday through Friday;
• Gave City Clerk Austen access to the city's safety deposit box located at Cornerstone Bank;
• Accepted the new water primacy fees, effective Jan. 1, 2022, which will be billed at $0.44 monthly per utility customer;
• Spoke about the need to rectify the Planning and Zoning Committee and the possibility of making positions paid;
• Paid bills in the amount of $5,097.54.