Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

February 18, 2003

CALL TO ORDER

Mayor Charles E. Kutz called the meeting to order in the Administrative Conference Area of City Hall at 6:34 p.m.

ROLL CALL

Ward 1 Alderman Jack Friedman - present

Ward 1 Alderman Charlie Poole - present

Ward 2 Alderman David McCoy - present

Ward 2 Alderman Dave Rittman - ARRIVED AT 7:00 p.m.

Ward 3 Alderman Marvin Ferguson - present

Ward 3 Alderman Linda Arnold - present

Ward 4 Alderman Marc Sportsman - present

Ward 4 Alderman Kathy Dusenbery - present

ALSO PRESENT: City Administrator Pat Hawver

City Clerk Barbara Lance

ALDERMAN ARNOLD MOVED TO GO INTO EXECUTIVE SESSION TO DISCUSS LITIGATION AND REAL ESTATE UNDER THE AUTHORITY OF RSMo 610.021(1) and (2); ALDERMAN DUSENBERY SECONDED; ALL AYE; MOTION CARRIED.

Aldermen went into executive session. Discussion ensued.

ALDERMAN FERGUSON MOVED TO RETURN TO OPEN SESSION; ALDERMAN McCOY SECONDED; ALL AYE; MOTION CARRIED.

The meeting was resumed in open session at 7:03 p.m. in the Board Room with all shown above present.

ALSO PRESENT: Police Chief Bill Hudson

Tony Borchers for The National

Resident Neil Davidson for Parkville Rotary Club

John Kuhns, H.M.S. Beagle

Resident Robert Jones

Developer Tom Hutsler for Joint Sales & Development & Double H Inc.

Michael Peterson

Police Officer Candidate Jay Williams

MEDIA PRESENT: Martha Zirschky, Platte Dispatch

Nancy Jack, Parkville Post

Ed Gault and Shan Johnson for Channel 2

RESOLUTION TO NEGOTIATE FOR PURCHASE OF PROPERTY ALONG RIVER ROAD

Mayor Kutz read a resolution, discussed in executive session, regarding negotiating with Leo X. O=Brien for the purchase of property adjacent to city-owned property south of River Road.

ALDERMAN DUSENBERY MOVED TO APPROVE THE MAYOR=S SIGNING OF THE RESOLUTION; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

The resolution is attached to these minutes and incorporated herein.

REVIEW OF MINUTES OF FEBRUARY 4, 2003

ALDERMAN FERGUSON MOVED TO APPROVE THE MINUTES OF FEBRUARY 4, 2003, AS PUBLISHED; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.

PUBLIC HEARING ON ANNEXATION OF PROPERTY AT 10611 TOM WATSON PARKWAY

Mayor Kutz asked Mr. Borchers to speak on the petition for voluntary annexation, which had been received by the city clerk from River Park Golf (The National). Mr. Borchers said the property is on the north side of Highway 45 (Tom Watson Parkway). Over the last four or five years either The National or P&G Hardware has continued to buy and annex property along there and rezone it to B-4 (planned business zoning). This property is adjacent to another piece owned by The National.

Mayor Kutz asked if The National intends to bring all the property they own into the City of Parkville. Mr. Borchers said yes; they=ve testified on behalf of P&G, and believe it is in the best interests of everyone to have unified zoning along there.

Mayor Kutz asked Mr. Hawver if the City would be able to provide all public services to this property. Mr. Hawver said yes, the City would provide all the services presently supplied to other properties in the city, including police protection.

The mayor asked for comments on this proposed annexation. There were none. He declared the public hearing closed.

BILLS AND ORDINANCES

ALDERMAN FERGUSON MOVED TO APPROVE BILL 2075, APPROVING ANNEXATION OF THE PROPERTY AT 10611 TOM WATSON PARKWAY, FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED TO APPROVE BILL 2075 ON FIRST READING AND PASS IT TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED TO APPROVE BILL 2075 TO BECOME ORDINANCE 2057; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED. 8-0.

Above bill was posted 2/13/03.

NOTE: Bill No. 2074 and Ord. No. 2056 were inadvertently skipped; these numbers will not be assigned to any future document.

ALDERMAN FERGUSON MOVED THAT BILL 2076, REZONING PROPERTY AT 10611 TOM WATSON PARKWAY TO B-4, BE APPROVED FOR FIRST READING; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2076 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2076 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2058; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Above bill was posted 2/13/03.

It was noted that this property is at the old entrance into Windbrook Country Club.

PLANTING OF REDBUD TREES ON ARBOR DAY

Mr. Davidson said the Parkville Rotary Club wants to plant 2,500 redbud trees along the bluff on River Park Drive. He is working with Mr. Hawver and the Tree Board to make this a community event. They would like schools, churches, and other groups or individuals to volunteer to help plant these trees; they estimate they need about 200 helpers. He invited people to call City Hall at 741-7676 if they want to sign up for this project. Please give your name, address, phone number, and e-mail address if you have one. He asked the City for three portable toilets at the site, noting that would be about the time of the Riegelman Run, so the same toilets we order for that event could probably be transferred to the area of the planting for a few hours. Mr. Davidson has talked with Chief Hudson to discuss potential traffic problems.

Mr. Friedman said the Nature Sanctuary Committee would meet the next night at 7 p.m. He would ask the members if any would volunteer. He himself will help. He also suggested putting a notice in the Parkville Post. Nancy Jack said she would take care of it.

Mrs. Arnold said it would be great if all the aldermen came down to help. There was general agreement.

Mayor Kutz asked if aldermen approved the provision of portable toilets. The answer was yes.

JOHN KUHNS FOR H.M.S. BEAGLE

Mr. Kuhns announced that he intends to open a shop in Parkville Commons sometime around the first of September. It will be a 3,000 square foot retail business he terms Aa voyage of science discovery.@ Park University students will be hired as part-time employees. Everything in the store will be science-related.

ROBERT JONES

Mr. Jones was present to talk about speeding, noise and other disturbances at the intersection of 13^th and Main. He said the police come and sit there for about fifteen minutes, and the speeders and noisemakers go away for that period and come back as soon as the police are gone. The mayor told him City officials would look into the problems.

The mayor asked for any other citizen input. There was none.

MAYOR=S REPORT

No report.

CITY ADMINISTRATOR=S REPORT

HEALTH INSURANCE. Mr. Hawver said we have been a member of the MARCIT insurance pool for a decade. MARCIT has experienced significant losses since 1999, ranging from half a million dollars a year to three million. We have been assessed $34,674 to help make up the losses. We have two years to pay it, with interest accruing at the rate of 1/2% a month. It looks like we can expect a rate hike as well, about 25% over current premiums. Then it is possible there will be another loss assessment at the end of the next year. This rate hike would have to be absorbed by employees. We are getting a quote on other insurance; it would probably be about 25% higher as well, but probably would not carry the threat of an assessment to cover losses at the end of the year. Discussion ensued. The consensus was to change insurance carriers, and to hold off payment of the assessment until we have heard definitively from Attorney jack Campbell as to whether we are legally obligated to pay it.

MARTIN MARIETTA TOUR. Discussion ensued on the best time to take the tour through the Martin Marietta Aggregate facilities. It was decided to go on Saturday, March 1^st at 9:00 a.m. Everyone is invited. Just call Parkville City Hall at 741-7676 and give them your name, address, phone number and e-mail address and say you want to go along on the Martin Marietta tour.

Martin Marietta will supply the bus. Mayor Kutz said it can=t be gasoline-powered because of the combustibility of gasoline.

NATURE SANCTUARY GRANT APPLICATION, Mr. Hawver reminded the Board we have a policy of requiring all grant applications to come to the Board. The Nature Sanctuary is requesting a slip-proof surface on the boardwalk. The grant is a 60% match. The amount is in the $3,000 range. Discussion ensued. Mr. Friedman said some of the match could come from volunteers doing in-kind work, so no actual cash would come out of the Nature Sanctuary fund. He thinks Boy Scouts are interested in helping.

ALDERMAN McCOY MOVED THAT THE NATURE SANCTUARY DIRECTOR BE AUTHORIZED TO GO FORWARD WITH THE GRANT APPLICATION; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED 8-0.

DESIGN CHANGES AT THE ANTIQUE MALL AT 173 ENGLISH LANDING DRIVE. This issue came before the Planning Commission at its recent meeting. The changes are very minor but they were done without official approval. The roof was changed from a metal roof to a Timberline composition roof; it blends in well with the other buildings. These are minimal changes but did not go through the proper procedure process. Mr. Hutsler, the developer, has assured Mr. Hawver that this would not happen again. The Planning Commission voted against approval; his opinion is that this was done only because the changes were made without going through the process required. He has spoken with the developer, Tom Hutsler, and recommends that the Board approve these changes with the knowledge that the developer won=t do this again.

Mrs. Arnold asked if there is provision in the Code to fine the developer for violating the provisions of the permit. Mr. Hawver said if somebody takes a gamble and knowingly does that they=re at risk of having to tear it out. Yes, we could have issued a summons to appear in court for construction without a permit.

Mr. Rittman asked: No. 1 - Does the building as built comply with our zoning and historical guidelines? Mr. Hawver said without a doubt. No. 2 - If this had been submitted as built would it be likely it would have been approved? Mr. Hawver said he would think so. Mr. Rittman said then the only issue is process.

Mayor Kutz said if we have changes that are not structural in nature but cosmetic changes only why do we have to bring them back to the Planning Commission every time? Can=t we have some staff discretion? Mr. Hawver said the Code allows that discretion. It=s just where do you draw the line? Mayor Kutz said he thought where you draw the line is when you (Mr. Hawver) or Danielle Devlin (community development director) feel uncomfortable with that decision.

Mayor Kutz said he thought it was kind of a waste of the Board=s time to sit there and talk about changes that don=t affect health and welfare, i.e., roof materials, etc. Mrs. Arnold asked how this roof fit in with others. Mr. Hawver said the roof right next to this one is Timberline, as this is.

Mr. Ferguson said the main reason this happened was that our Code Enforcement people went down there and told them to stop and they were ignored. He added that he has no problem with the roof.

Mayor Kutz asked if the Board would feel comfortable if the developer came in to staff for a ruling on whether changes are in compliance, and if they are, for staff to grant such changes?

Mr. Friedman said the staff should have some discretion, but the developer can=t just change the plan randomly.

The mayor agreed, and said he was not advocating that, but this kind of thing is a waste of our time. Mr. Ferguson said the problem is that Mr. Hutsler didn=t come in and ask for a change, and he didn=t stop when our people said stop.

Mr. Sportsman said he didn=t think we would be having this conversation if staff had acknowledged what Mr. Hutsler was wanting to do. He shares some concerns with the process. It=s a beautiful building. What a lot of people have concerns with, he told Mr. Hutsler, is the blatant disregard for process, that even after discussing it with staff Ayou went ahead and did it anyway.@ He asked if Mr. Hutsler wanted to explain his actions.

Mr. Hutsler said he was glad Mr. Sportsman made that point. He represents Joint Sales & Development as the developer and also Double H, Inc., as the owner of the property He said it has never been their intention to do anything around City code and without City approval. There has been some miscommunication between City staff and some misinformation on the table. They filed application for a change in the facade November 26^th. He showed a copy of that application. Mr. Rittman asked for a copy so the city clerk could put it in the minutes. It is attached hereto and incorporated herein, along with other file documents pertaining to this application. Mr. Hutsler said Nick Dixon, their general contractor, submitted it; Mr. Dixon couldn=t be there that night.

Mr. Hutsler said he thought he realized where the miscommunication came in. It was submitted to the Fire Department; the Fire Department stamped it November 29^th. (See attachments.) They wrote a check under Dixon Construction for this application. Not only was there a change in elevation but on the same application there was a change in use so the second floor could be used as an extension of the antique mall instead of office space. What got lost in the translation, he said, is that application covered both items. He thinks that=s why City staff gave misinformation to the Planning Commission. The application did show the change in the gable and in the roof material, he said.

Mr. Hawver said this story was in great contrast with Ms. Devlin=s account of this whole procedure. She disagrees. It was unfortunate that she was not present.

Mrs. Arnold asked when you paid the $75 was that a fee for redoing something? Mr. Hutsler said yes, when they resubmitted the application it included the change in two minor details and the

facade change. There was a very good reason for that. He said Mike Peterson was present and would explain the reason.

Mr. Hawver asked if the Board really wanted to know the reason? Mr. Hutsler said he couldn=t speak in front of the Planning Commission, so he wanted to do so then. He said they submitted a change of use. It didn=t come before the Planning Commission. It will be heard March 4^th.

Mr. Hutsler asked Mike Peterson to speak. Mr. Peterson lives in Olathe, Kansas, and is head of M&T Creative Consultants. He said Mr. Hutsler handed him a set of plans on this building. On the old plan there is a gable on the front 200 square feet of metal roof. When you get ice built up, icicles come straight down. It=s a straight drop. It is not safe for people to come in and out. You can=t hear anything under a metal roof when it rains. It makes more sense to switch materials. It takes a lot of insurance to repair damage on a metal roof. The change was made more for safety than anything else.

Mr. Peterson said there is a building next to the Japanese steakhouse that made several changes. As he understands, none of that ever went before the Planning Commission. He talked about issues ending up in the hands of a couple of people that have an axe to grind or dislike someone. He understands you could take as much as two months to get before the Planning Commission.

Mrs. Arnold said he had a right to his opinion, but she felt we do have a very good Planning Commission.

Mr. Peterson said someone had a set of shorthand notes and some changes were made to it. That=s really not very professional.

Mayor Kutz said we try our very best to be fair to all people.

Mr. Peterson said he guessed there were like fourteen gas grills (at Yoshiko=s Japanese Steak House) B a tremendous amount of heating and cooling equipment B someone said you don=t want to see all that - you have to put covering up. Mr. Peterson said you could take all that siding material and hide it. Someone from the City said you have to submit this to the City. Mr. Peterson said this was just a cosmetic change, not an engineering thing. Mr. Hawver said they created a parapet wall, which is covered by our Building Code. We were concerned with structural integrity. That is a structural requirement. We haven=t seen any design or had any conversation with the architect.

Mayor Kutz said if there=s any failure of communications on our part he apologized on behalf of the City, but said that street runs both ways. He thought tonight we need to get on with this. In the future, he thinks that those things we can do at staff level will be done at staff level, and in a professional way.

ALDERMAN RITTMAN MOVED TO APPROVE THE CHANGES TO 173 ENGLISH LANDING DRIVE WITH THE UNDERSTANDING THAT ANY DEVELOPER WHO CHANGES A PLAN OR DOESN=T COME BACK TO THE CITY FOR APPROVAL DOES SO AT EXTREME RISK.

Mr. Sportsman said this was bordering on the ridiculous - the stuff coming out of that development on both sides of the fence. In the future he would suggest if you don=t get satisfaction from staff go to the city manager, the Planning Commission, or the Board. The idea of Aso-and-so did it and therefore it=s okay for me to do it@ is ridiculous. The idea of Ado whatever you want and then blame it on communication problems@ is not satisfactory, and this development has been Aa problem from the get-go.@ He said the next time it happens he=ll support returning the project to the original plan, no matter what it costs.

Mrs. Arnold asked again about fining the developer. Mayor Kutz said we can. Discussion ensued on the option of having the developer tear out the work which is in violation of the permit, and the option of taking the developer to court and fining him. Mrs. Arnold said she thought that=s what we should do, but she would agree with Mr. Sportsman about making the developer tear it out next time.

Mr. Sportsman said the changes discussed all make sense and would have been supported, if not by the Planning Commission, then by the Board. That=s the process. This is arrogance.

Mr. McCoy said Danielle Devlin was not there, so they were not hearing her side of the story. On the other hand, Mr. Hutsler said he requested these changes back in November. It=s incumbent on us to be responsive, if in fact that was on that request back in November. It shouldn=t take that long. We have to make sure we=re treating everyone the same; he noted there was a change in usage on the form.

Mr. McCoy asked when the little diner went from retail back to a restaurant, who approved that?

Did that go back to the Planning Commission? Mr. Hawver asked if he meant the coffee shop. Mr. McCoy said yes, and asked if they ever added any parking to that.

Mr. Hawver said it was interpretation. He made the call based on research by Ms. Devlin on what other cities do. It all comes down to parking. Our code indicated it required less parking. Mr. McCoy said he thought our ordinance required it to go back to aldermen, or to the Planning Commission, if usage was changed after the plan was approved. We have to treat everyone the same, and not just be picking on Tom, because if we=re going to hold his feet to the fire we have to hold everybody=s feet to the fire.

Mr. Rittman said we=re talking about being consistent. That=s an effort we all work on. A restaurant is not a retail business. He was very uncomfortable with what seemed to happen - taking a restaurant and tweaking it into a retail business in order to cut down the parking requirement. He wants developers to be treated promptly and courteously. If you have to get a permit from the Health Department, that=s a restaurant. If there is an exception to that he wants it to come back before the Board. He added that the coffee shop seems to be a good operation, so he doesn=t want to make a big deal out of it.

Mr. Hawver said they determined that was retail because the original application was for a coffee shop, with no food, and he thinks they=ve expanded on that since they opened.

Mr. Rittman asked to have his motion considered.

ALDERMAN McCOY SECONDED THE MOTION.

Mr. Friedman wanted to make sure this approval was just for the change in the roof, not for a change in use. That was affirmed.

ALL AYE; MOTION CARRIED 8-0.

POLICE CHIEF=S REPORT

JAY WILLIAMS: Chief Hudson introduced Jay Williams. He graduated from Northwestern University and completed training at the Western Missouri Police Academy. He was brought in February 10^th, subject to Board approval. He has been studying State laws, Parkville geography, etc. Mr. Williams got an offer from another police agency after he accepted Parkville=s, but declined.

The chief also asked that if we find more good candidates he be allowed to bring them in the same way, limiting their activities to research and study until the Board approves their hiring. There was no objection.

BILLS AND ORDINANCES (resumed)

ALDERMAN FERGUSON MOVED THAT BILL 2077, EMPLOYING JAY WILLIAMS AS POLICE OFFICER, BE APPROVED FOR FIRST READING; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2077 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2077 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2059; ALDERMAN ARNOLD SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Above bill was posted 2/13/03.

SIREN TEST. Chief Hudson said on Tuesday, March 11^th there would be a test of the emergency siren. It=s an unusual date; usually they=re held on Wednesdays. Fall-back date will be March 13^th. They will test it at 11:30 a.m. and 7:30 p.m. They want to make sure everyone can hear it.

RESIDENT COMPLAINTS. The chief said he was sorry Mr. Jones left the meeting. He wants it on the record that the Police Department has never tried to dissuade anyone from making a complaint to the police. There are issues we can=t resolve. The department has tried to address Mr. Jones= concerns, not all of which concern the traffic on Main Street.

COMMITTEE REPORTS

CHAMBER OF COMMERCE/MAIN STREET. Mrs. Arnold said the Chamber would have an after-hours Thursday, February 20, from 5-7 p.m. at Platte Valley Bank. Everyone is invited.

CHANNEL 2/WEBSITE. Mr. Rittman said they have been talking about increasing the capacity of Channel 2 . They want to televise other meetings, i.e., Planning and Zoning, etc. That would have a nominal impact on the budget. He would like to meet with Mr. Hawver about this. The mayor said most government programming includes Planning and Zoning, and it would be good for us to do so. Mr. Rittman said he would want to give first option for these additional assignments to City employees, but if that=s not an option we=d have to go outside.

FINANCIAL. Mr. Ferguson read resolutions authorizing signatories on First Federal and Park Bank accounts to be Treasurer Steve Berg, and Assistant Treasurers David McCoy and Marvin Ferguson.

ALDERMAN FERGUSON MOVED THAT THE MAYOR BE AUTHORIZED TO SIGN THE RESOLUTIONS RELATING TO BANK ACCOUNT SIGNATORIES; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED 8-0.

COMMUNITY CENTER. No report. Mrs. Dusenbery said she was in Platte City the other day and went to the Platte County Park Board office to see the drawing of the proposed center. She said it=s beautiful.

FARMERS MARKET. Mr. Friedman said they had their first meeting of the year. Over 25 people came. That is the biggest meeting they=ve ever had. All stalls are already filled. They plan an early opening. They will have another meeting in March; everybody is very enthusiastic about the coming season.

NATURE SANCTUARY. Mr. McCoy said they already talked about a grant from the Department of Natural Resources. He mentioned that the south display board in the entrance to the main lobby of City Hall is to display pictures of Nature Sanctuary activities, and asked everyone to check it out; it changes frequently.

Mr. Hawver thanked Jim Reed publicly for his assistance in the office that day. We were short-handed because of illness, and Jim had come in without charge to help out.

INDIAN ARTIFACTS. Mr. Friedman said Bob Akers, who collected and arranges all the Indian artifacts in the display case in the City Hall lobby, has enough artifacts to fill another case and has offered to bring them in if we make a place for them. Mrs. Dusenbery suggested we consider that in next year=s budget. Mr. Hawver said it might be more of a matter of finding another case and seeing if it would fit than the expense. Mr. Friedman agreed, and said the case that=s there was not very expensive. Mr. Friedman suggested that we think of opening up the unused space built into City Hall for an elevator.

PARKS. Mr. Poole said he met with a young lady who wants to put in a rose garden in English Landing Park. He invited her to come to the Parks Committee meeting.

TRAIN HORN WARNING SYSTEM. Mr. Poole referred to a letter sent to the mayor, aldermen, and the city administrator by resident Gary Worden about the train horn warning system. He asked that we look into getting federal and state grant funds to get this job done. Mr. Friedman said we would become liable if the system failed, and Mr. Poole suggested we look into the installations in Illinois and Kansas. Mayor Kutz said he would be glad to attend a meeting on this subject if one is set up.

PLANNING . Mr. Ferguson said Mr. Hawver had pretty well covered it. It was a very controversial night. It started with Mr. Hutsler wanting to amend that plat again to add another building. The Planning Commission previously said no more buildings. The Planning Commission took no action on this. He said items on which no action had been taken would be considered at the next meeting. A motion has to be made to recommend or not to recommend.

(NOTE: To clarify, upcoming meetings are scheduled to consider:

Board of Aldermen meeting of March 4, 2003

A. Rezoning application from R-1 to B-4 (Planned business) for property northwest of Melody Lane and Highway 45, continued from January 14, 2003.

B. Amended concept plan of the English Landing development, continued from December 10, 2002.

C. Resubmitted final plat - Replat of Amended Plat of English Landing, continued from December 10, 2002.

Planning Commission meeting of March 11, 2003

A. Building plan approval for 180 English Landing Drive.) Tabled at 2/11 meeting.

Mr. Friedman asked if that included changing office space to retail space at the antique mall? Mr. Ferguson said no.

Mr. Rittman said when you have a development project like this the architect is the person responsible for the day to day design and is the person who puts his or her stamp on the project. In his opinion the architect has an obligation. They know the codes. That did not occur with this project. They can=t overlook that point. He would recommend a letter go out to those folks reminding them it is their stamp and their license in terms of making changes to plans. We have to apply it to all developers.

Mr. Poole said the guy doing the project is the one responsible. All he has to do is communicate changes. We have had other people who have had changes many times. Those changes are taken before this Board and follow the process. He said he saw that application. It says nothing about the roof. To misinform us about that and stand up here and say he filed an application B it had nothing to do with the roof, he said. Mrs. Dusenbery agreed, noting the application mentioned only the request to convert office space to retail.

She added that additional building keeps being slipped in there, over and over, even though the City has said no because of the parking. She says it builds and builds to the point of irritation.

Mr. Rittman said therefore the staff responds more firmly than even we would like to see. Our staff has the responsibility to treat everyone fairly across the board. Mrs. Dusenbery would also like to see that there is no prejudice against people leasing from Mr. Hutsler because of his actions.

BILLS AND ORDINANCES (resumed)

ALDERMAN FERGUSON MOVED THAT BILL 2078, INCREASING THE HOURLY FEE PAID TO SHUGHART THOMSON & KILROY FROM $140 TO $150, BE APPROVED FOR FIRST READING; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2078 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 2078 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 2060; ALDERMAN SPORTSMAN SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Above bill was posted 2/13/03.

ACCOUNTS PAYABLE

ALDERMAN FERGUSON MOVED THAT BILL A-712, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

Mr. Ferguson noted that $333,000 of the total was to pay bonds. Of that amount, $233,000 was for the N.I.D. (Neighborhood Improvement District) bonds.

ALDERMAN FERGUSON MOVED THAT BILL A-712 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN SPORTSMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL A-712 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-712; ALDERMAN SPORTSMAN SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Above bill was posted 2/14/03.

OTHER BUSINESS. Mr. Rittman said thank you to City staff: Pat Hawver, Danielle Devlin, and all who worked very diligently in terms of taking care of the car (abandoned at the site of a house fire) up in Riss Lake. He appreciated their fast work.

BLUFFS HOMES ASSOCIATION. Mr. Poole said the Bluffs Homes Association thanks the City for the use of City Hall for their meeting.

Submitted by ________________________________

City Clerk - Barbara J. Lance, 2/26/03

Attachments: Copy of document provided by Mr. Hutsler to Ms. Devlin on 11/26/02.

Copy of document provided by Mr. Hutsler to aldermen at this meeting.

Copy of letter from Southern Platte Fire Protection District to Mr. Hutsler dated 11/29/02.

Copy of letter from Attorney Mike Keleher requesting continuance dated 12/6/02.

Copy of Letter from Ms. Devlin to Planning Commission dated 1/10/03 re continuance.