The Reporter newspaper, Camdenton Missouri

The Reporter covers Miller, Morgan and Camden County in Central Missouri's Lake of the Ozarks and is published once per week on Wednesdays.

Published December 11, 2013

Snow causes problems for Parkway takeover

By Jeff Thompson
OSAGE BEACH - The city officially took possession of Osage Beach Parkway from the Missouri Department of Transportation (MoDOT) after a determined debate and legal backtracking by the Board of Aldermen concerning snow removal.

The board eventually gave first- and second-reading approval to the ordinance accepting the Parkway last Thursday night but only after it was pointed out that not doing so would leave the Parkway in a legal limbo.

First-reading approval came quickly enough although Mayor Penny Lyons had to break a tie vote in favor of the agreement.

Public Works Director Nick Edelman pointed out that MoDOT would continue to service the Parkway stoplights until the city was able to take over, but Alderman Kevin Rucker began what became a burgeoning brouhaha over which entity would be snowplowing which stretch of road.

Rucker wanted clearly defined guidelines for what MoDOT would plow and what the city would plow.

Edelman pointed out that the city would most likely not differentiate state roads and city streets along the Parkway.

“On the areas MoDOT owns we will probably leave the (snow) plow down,” Edelman said.

However, Rucker said he was concerned that without clearly defined guidelines, any “extra” snowplowing would leave the city open to liability issues.

Edelman stated that the city could indeed “pick up the plow” when it reaches MoDOT-owned portions of the Parkway but advised against it, saying that the level of snowplow service from MoDOT may vary.

“We are not going to create dangerous conditions for the public,” Edelman said.
Rucker said that’s not what he was seeking.

“I’m totally opposed to that (picking up the plow),” the alderman said. He added that there “needs to be somewhere in print” what the city would and would not do, if only for legal protection.

City Attorney Edward Rucker said the city could address that concern.

“We will sit down with MoDOT for this specific issue,” the city attorney said.

However, the board voted 4-2 against the second reading of the ordinance. Alderman John Olivarri and Michelle Myler voted in favor while Alderman Rucker switched from a first-reading yes vote to a second-reading no note.

“I want those answers before I vote (yes),” Rucker said.

At that point the mayor pointed out that left the Parkway in a legal limbo and not formally “owned” by the city.

In addition, Edelman said he had received an email earlier from MoDOT Engineer Bob Lynch that stated MoDOT was not planning any further maintenance activities on the Parkway.

“They’re going to stop maintenance at the end of the day (Thursday),” Edelman said.

Alderman Steve Kahrs was not happy with the situation.

“We’re getting boxed in by MoDOT again,” Kahrs said, adding that he was disappointed no one from MoDOT was at the meeting to address any concerns the board might have had.

After legal prompting from the city attorney, the board walked back their 4-2 vote against the second reading, then unanimously - but reluctantly - approved another second-reading of the ordinance.

In addition, Alderman Rucker made a motion - approved by the board - to direct city staff to “work out the snow plow issues” with MoDOT.

This is not the first time the city expressed concern over snowplowing responsibilities.

At the board’s August 15 meeting, a supplemental Parkway agreement with MoDOT was approved that addressed several changes to the original agreement including maintaining the bridge near Mace Road.

The original agreement placed that responsibility in the hands of the city, but - according to Public Works Director Nick Edelman - MoDOT’s position was “it’s our bridge on our highway” and so would retain ownership of the bridge and its maintenance.

However, Mayor Penny Lyons had specifically mentioned the possibility of damage to the bridge while plowing snow. Lyons had said city snowplow drivers might not be able to see the concrete-barrier edge of the bridge if the snow is piled high enough.

In addition, Alderman Fred Catcott questioned maintenance responsibilities about the bridge.

“We will have to clarify with MoDOT if some damage to the bridge occurs when the city plows (snow) on through,” Edelman had said, “but MoDOT will take care of maintenance and repair of the bridge.”

The August 15 agreement also addressed the separate interchanges at Nichols Road and Route KK instead of a single split diamond interchange that was originally planned; defining Burton Duenke Drive and Fire Station Road instead of referring to Lake Road 54-59; and defining the Case Road connection and associated street connections along a service road.

A copy of both the original and supplemental agreements had been provided to the aldermen on July 17 for review prior to the August 15 meeting.