The West Plains City Council met in regular session on September 16, 2002 at West Plains Public Library, 750 West Broadway with the following members present: Mayor Joe Paul Evans, Councilman Jack Pahlmann, Councilman Louis Citro, Councilwoman Judy North, Councilman Bob Burtrum, City Administrator/Engineer Royce Fugate, P.E., City Clerk Connie Shelton, and City Attorney Bob Oberzalek.
Mayor Evans established a quorum and called the meeting to order at 7:00 p.m. Rev. Mark Mildren gave the invocation and Councilman Citro led the Pledge of Allegiance.
Public Hearing A public hearing was announced for a property rezoning at 301 Myrtle Street from R-2 (Urban Residential) to C-1 (Neighborhood Commercial). There was no comment from the audience.
The motion was made by Councilman Pahlmann and seconded by Councilman Citro that the minutes of August 19, 2002 regular meeting be approved. Motion passed unanimously.
III. CONSIDERATION
OF PAYROLL AND BILLS:
The motion was made by Councilman Citro and seconded by Councilman Burtrum to approve payment for the payrolls of August 20, 2002 and September 3, 2002 and bills for August 2002. Motion passed unanimously.
Ken Shultz, CPA of Egan, Mangold, and Shultz gave the audit report for the year ending March 31, 2002 (copy available at City Hall).
V. RECOGNITION OF GUESTS
None.
VI. READING OF BILLS:
A.
Bill 3772
to become Ordinance 3772. A revised
Ordinance authorizing the Mayor of the City of West Plains, Missouri to execute
a contract on behalf of the city with Hoover Bros. Farms, Inc. for utility
easement purchase and placement of lines, water line, hydrant, use of city
property for livestock, and altering a previous real estate contract dated
December 18, 2000. (North Water Well
#14 on West end of County Road 1300) was given first and second reading. The motion was made by Councilman Pahlmann
and seconded by Councilman Burtrum to accept first and second reading of Bill
3772 and adopt it as Ordinance 3772.
City Administrator Fugate reported that Rick Hoover of Hoover Bros.
Farms, Inc. requested a change whereby if the City requires an easement on the
north side of the property on Gibson Avenue/Kentucky Avenue then he wants the
tree shaded area for 10 years with a renewal clause for the area on the west
end of the old landfill site. He
recommended that Council accept that change.
Councilman Pahlmann and Councilman Burtrum amended their motion to
include Bill 3772 with the above changes to the contract.
Aye Nay Not
Voting Not Present
Mayor Evans X
Councilman Citro X
Councilman Pahlmann X
Councilwoman North X
Councilman Burtrum X
Motion passed
B.
Bill 3773 to
become Ordinance 3773. First
Reading. An Ordinance changing the
official zoning map of the City of West Plains, Missouri and defining the
boundaries of the area to be changed on said official zoning map by this
Ordinance (301 Myrtle Street – Kevin McCracken) was given first reading. The motion was made by Councilman Citro and
seconded by Councilman North to accept first reading of Bill 3773.
Aye Nay Not
Voting Not Present
Mayor Evans X
Councilman Citro X
Councilman Pahlmann X
Councilwoman North X
Councilman Burtrum X
Motion passed
C.
Bill 3774 to
become Ordinance 3774. An ordinance of
the City of West Plains, Missouri directing that the question of whether a
Commission should be chosen to frame a charter for the City of West Plains and
the list of candidates for that commission shall be placed on the ballot for
the April 2003 election was given first and second reading. The motion was made by Councilman Citro and
seconded by Councilman Pahlmann to accept first and second reading of Bill 3774
and adopt it as Ordinance 3774.
Aye Nay Not
Voting Not Present
Mayor Evans X
Councilman Citro X
Councilman Pahlmann X
Councilwoman North X
Councilman Burtrum X
Motion passed
D.
Bill 3775 to become Ordinance 3775. An Ordinance
approving a water/sewer services and facilities/annexation agreement between
Physicians Acumen Enterprises LLC and the City of West Plains, Missouri and
authorizing the Mayor to enter into the agreement was read. The motion was made by Councilman Pahlmann
and seconded by Councilman Burtrum to accept first and second reading of Bill
3775 and adopt it as Ordinance 3775.
Physician’s Acumen Attorney Lyndell Beard reported
that this $3M project would be a medical/hospital environment geared to specialized
surgery. He said they are trying to
keep as much risk out of the project as possible and are concerned about the
zoning of the property were it to be annexed now. He said they want to develop the property in two stages so that
the first section does not get into a zoning problem. Another factor is that they want to develop now rather than wait
for 90 days for an annexation with an uncertain zone.
Council advised that the comprehensive plan update
would likely include a zone change to C-3 for the entire Broadway
corridor. They were also concerned
about the buffer zone created for the purpose of making the land not contiguous
which would prevent it from being annexed.
Mr. Beard indicated that they would comply with all city codes and after
the project is complete, they would annex.
City Attorney Bob Oberzalek advised Council to table
this issue for 30 days to allow further study.
He said that the rural services agreement was not developed as a means
for citizens to avoid annexation and still receive city water and sewer
services. He said that if Physician’s
Acumen were to petition the Planning Commission for annexation, a zone
designation could be attached to that petition.
The motion was made by Councilman Pahlmann and
seconded by Councilman Citro that the previous motion be withdrawn and Bill
3775 be tabled.
Aye Nay Not
Voting Not Present
Mayor Evans X
Councilman Citro X
Councilman Pahlmann X
Councilwoman North X
Councilman Burtrum X
Motion passed
E. Bill 616 to become Resolution 616. A Resolution authorizing a written agreement
by and between the City of West Plains, Missouri and Scott Consulting
Engineering, P.C. for general city engineering services was read. The motion was made by Councilman Citro and
seconded by Councilwoman North to adopt Bill 616 as Resolution 616. Motion passed unanimously.
F.
Bill 617 to become Resolution 617. A
Resolution authorizing a written agreement by and between the City of West
Plains, Missouri and Scott Consulting Engineering, P.C. for a preliminary wastewater
flow study was read. City Administrator
Fugate reported that daily flows at the wastewater treatment plant could be a
problem and this study will determine if there is excessive infiltration; in
which case we would not want to expand the plant. There could be other options to resolve the problem. The motion was made by Councilman Citro and
seconded by Councilman Burtrum to accept reading of Bill 617 and adopt it as
Resolution 617. Motion passed
unanimously.
G. Bill 618 to become Resolution 618. A Resolution to authorize a change in the
Personnel Policy Manual, Section 2-25, (c) and (d) Out of Area Travel for city
employees of the City of West Plains.
The motion was made by Councilman Pahlmann and seconded by Councilman
Citro to accept reading of Bill 618 and adopt it as Resolution 618. Motion passed unanimously.
A. Request by Fairview School for City Sewer Service. Fairview School Superintendent Victor Williams said that their lagoon system is near capacity and their board feels that the best option for them would be to hook up on the West Plains sewer system. He said that the anticipated life is 12 years but they are worried about a lagoon collapse and how that would affect the community. City Administrator Fugate reported that the total cost would be Fairview School’s expense and that a rural services agreement does not apply in this case. The motion was made by Councilman Pahlmann and seconded by Councilman Burtrum to proceed with an appropriate agreement for Fairview School sewer services. Motion passed unanimously.
B. Planning
Commission Recommendations:
Rick Hoover, Site Development Plan and Building Permit
City Administrator Fugate read the stipulation made by the Planning Commission and said that since the meeting, Mr. Hoover says that he does not want to relocate the sewer lines and has offered to relocate and provide easements for relocation of the lines if a problem develops. Mr. Fugate said that the lines would probably have to be relocated simply because of capacity problems in the near future. Council discussed the fact that the building could be moved back 10’ and that access to the sewer line is needed because it will not only serve that building but others as well.
The motion was made by Councilman Citro and seconded by Councilman Burtrum to accept Planning Commission recommendations for the site development plan approval with all stipulations made by them. Motion passed unanimously.
VIII. ADMINISTRATOR’S
REPORT
A. County
Road 6460 North of Ramada Inn
City Administrator Fugate reported that in 1999 Rick Hoover recommended relocating County Road 6460, which involved property transfers to Rick Hoover, Clyde Stewart, and David Stewart. Now there is a disagreement between property owners involving an adjacent area of land. City Attorney Bob Oberzalek said that the quit claim deeds issued in 1999 do not accomplish the vacation of that property until that is done officially as a vacate process. After the vacation is complete, the property will automatically revert back to the original owners and this will remove the City from the dispute. Council agreed to proceed with a vacate ordinance in October.
B. Amendment #4: A rally will be held September 25 at 3:00 at the Civic Center to explain the issue. He also recommended a resolution next meeting to support Amendment 4.
C. Street Plan – the first payment will be received in December and major street projects will begin as soon as possible before bad weather.
D. The flood grant application looks positive and funds will probably be available for buy-outs if residents are willing.
E. Circle Drive Area: Curb and guttering should begin soon on the Hoover part of the street.
F. Franchise Fees, Sales Tax: After being prompted by the city, the Public Service Commission investigated billing practices by Verizon telephone company and found rural customers are being charged city sales tax and franchise tax. The bad news for the city though is that there will be approximately $70,000 reduction in revenues this year for a 3-year refund to rural customers and approximately $20,000 per year reduction after that.
IX. MISCELLANEOUS
A.
Reappoint Jim Henry
to Board of Adjustments
The motion was made by Councilman Burtrum and seconded by Councilman
Pahlmann to reappoint Jim Henry to the Board of Adjustments for a 5-year term
to expire September 2007. Motion passed
unanimously.
B.
Appoint N. C. Brill
to Utility Finance Company and Industrial Improvement Authority – 2-Year Term
The motion was made by Councilman Pahlmann and seconded by Councilman
Citro to appoint N. C. Brill for a 2-year term to the utility Finance Company
and Industrial Improvement Authority Board.
Motion passed unanimously.
C.
Reset Date for
Strategic Planning Meeting
Council agreed to meet at 5:00 p.m. October 24, 2000 in City Hall for
strategic planning.
X. ADJOURN
The motion was made by Councilman Pahlmann and seconded by Councilwoman North to adjourn. Motion passed unanimously.
CITY
OF WEST PLAINS, MISSOURI
BY:
MAYOR JOE PAUL (J. P.) EVANS
ATTEST:
CITY
CLERK, CONNIE SHELTON