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City attorney urges single-meeting reads for ministerial items, warns of costly litigation
Summary
Smithvillecity attorney recommended using single-meeting readings for ministerial items such as plats and routine contracts, citing a lost case in which a councildenial of a compliant plat cost a city nearly $900,000 in fees; staff will bring draft rule changes for review.
The city attorney presented a seven-page brief to the Smithville Board of Aldermen and urged the board to consider reading and approving ministerial ordinances by title in a single meeting when appropriate. He told aldermen the Missouri provision for fourth-class cities permits single-meeting readings and said the practice primarily shortens administrative delays for applicants.
The attorney cited litigation to illustrate the risk of denying plats that meet applicable codes: "I can tell you what the outcome of the case is because I have filled up my car at that gas station," he said while describing Furlong Companies v. City of Kansas City and the roughly $900,000 in attorney fees the city paid after the court ordered approval. He argued that plats vetted by planning commissions and meeting code requirements are typically ministerial, and extra meeting delays usually only postpone recording with the county recorder's office.
Board members responded favorably to the streamlining suggestion, with one member endorsing efforts to project which submittals are ministerial so staff and the public clearly understand when expedited action is appropriate. The staff indicated it will draft clarifying language to define ministerial versus administrative items for future meetings.
