REGULAR MEETING MINUTES

BOARD OF ALDERMEN OF THE CITY OF CUBA, MISSOURI

MONDAY – MARCH 20, 2006 – 6:00 P.M. – CUBA CITY HALL COUNCIL ROOM

 

Mayor Bouse called the meeting to order.  Aldermen present:  Mike Moreland, Ralph Bayless, Don Conaway, Faye Howard, Kenny Killeen, and Les Murdock.  City attorney present:  Kent Robinson.  Public Works Director present:  Bob Baldwin.

 

Motion by Murdock, seconded by Killeen, to approve the agenda as presented.  Vote:  All ayes. 

 

Motion by Bayless, seconded by Murdock, to approve the March 6, 2006 meeting minutes.  Discussion:  Alderman Howard asked that on page two to correct Howard’s concerns on Bill No. 1392 should be questioned the permanent property only, nothing to do with equipment.  Vote:  All ayes. 

 

Motion by Killeen, seconded by Murdock, to pay the bills as presented.  Discussion:  none.  Vote:  All ayes. 

 

Citizens participation:  None.

 

Spring Clean Up.  Public Works Director Baldwin stated it has been done two different ways in the past. Roll offs at the Recycling Center or by Swinger trucks on scheduled days.  Alderman Howard would like to see it done the second week in May.  Motion by Howard, seconded by Bayless, to have Swinger pick up the trash items on May 8 and 9 and pick up brush on May 22 and 23.  Vote:  All ayes.

 

Planning and Zoning Recommendations:    Mayor Bouse read the Planning and Zoning recommendations for the council to approve the rezoning request made by Eugene Pfeiffer for property adjoining the Westside Plaza property from Residential (R1) to Commercial (C1).  The rezoning is compliant with both the Cuba Development Code and the City of Cuba Comprehensive Plan.  Motion by Killeen, seconded by Murdock, to approve the rezoning recommendation of Eugene Pfeiffer.  Vote:  All ayes. 

 

Fireworks bids.  Mayor Bouse presented the council bids from Silverado Fireworks and Showtime Pyrotechnics, LLC.  He compared each bid and both were comparable.  Mike Brummet of Showtime was there to explain his bid.  Motion by Bayless, seconded by Killeen, to accept the bid of Showtime Pyrotechnics for the fireworks display at $5500.  Vote:  All ayes.  Mayor Bouse has spoke with Annalee Williams on possibly getting corporate sponsorship on perhaps adding music to the display. 

 

Administration bids for the Community Development Block Grant for infrastructure improvements in the new industrial park.  Mayor Bouse opened the only bid from MRPC in the amount of $3,160.00.  Each aldermen was given the proposed bid to read over.  Mayor Bouse suggested to come back to this later in the meeting for the criteria evaluation. 

 

 

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Discussion of soliciting at the 4-way.  Attorney Robinson stated the only changes that were made are that no person can be younger than 16 years old, has to be non-profit entities, can solicit on other areas than median but must have cones.  Alderman Murdock would like it to read a bright colored vest instead of just orange as it could be yellow.  Alderman Howard stated that 16-18 year olds should be accompanied by a person 21 years of age or older.  Motion by Murdock, seconded by Bayless, for the attorney to move forward with the above changes in the ordinance.  Vote:  All ayes. 

 

New Bike Trail.  Public Works Director stated that there isn’t much to discuss on this until the engineering report comes back.  This will be put on the April 3rd council meeting.

 

Discussion of new well.  Public Works Director contacted Missouri Engineering who contacted DNR and a renewal of the permit is needed.  At this point, the construction plan can still be used and overall costs will not exceed $1000 for the permit process.  The projection total cost is less than $170,000.  The well itself will cost $113,000+ the difference of the price is the well house.  Motion by Bayless, seconded by Murdock, to move forward with the well process that includes the price of the well.  Vote:  All ayes.  Baldwin will begin the permit process which will take 30 days.

 

Public Works Director Report:  Baldwin presented the council with the following bids.

Chip and Seal Project (52,742 sq. yds.)

            West Asphalt Total $68,564.60*

            Mid State Total $123,943.70

            Pierce Asphalt – No bid

Asphalt Overlay (3,966 tons)

            West Asphalt Total $164,589.00*

            Mid State Total $194,334.00

            Pierce Asphalt Total $190,368.00

1500 KVA Padmount Transformer for Ozark Dye Casting

            Solomon Corp. $14,400.00*

            Jerry’s Electric $17,850.00

            Arkansas Electric No bid

Motion by Moreland, seconded by Bayless, to approve the lower bidders* presented above.  Vote:  All ayes. 

 

Public Works Director discussed the hay cutting at the Treatment Plant and Airport.  The area needs lime.  Alderman Howard stated the city should pay for the  lime this year and next year the person who would like the hay should do it.  Alderman Moreland inquired how much is it to mow.  Mayor Bouse stated he does not see why the city should pay for lime.  Baldwin stated that lime is needed at the Treatment Plant, it is required.  But, lime is not required at the airport or industrial park.  Motion by Moreland, seconded by Killeen, to go out for bids of hay cutting as in the past.  Vote:  All ayes. 

 

Motion by Bayless, seconded by Moreland, to have the first reading of Bill No. 1394 by caption only.  Vote:  All ayes.  Discussion:  Alderman Howard inquired why the city wasn’t

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allowing both spouses to each take 12-week leave for sick parent or new child when they work together.  Attorney Robinson relayed this is only the minimum requirements needed for the federal act.  The city can amend the handbook as it sees fit, this ordinance is only a foundation of what is mandatory under law.  Motion by Bayless, seconded by Murdock, to approve the ordinance written.  City Clerk Nash read Bill No. 1394 – An ordinance adopting Section 2-141, Article IV, Chapter 2 of the Cuba, Missouri, City Code concerning “Family and Medical Leave Act” policies and procedures.  First reading roll call vote:  Moreland –yes, Bayless – yes, Conaway –yes, Howard –yes, Killeen –yes, and Murdock –yes.  Second reading to be held on April 3rd.

 

Motion by Howard, seconded by Murdock, to have the first reading of Bill No. 1395 by caption only.  Vote:  All ayes.  City Clerk Nash read Bill No. 1395 – An ordinance amending Section 2-135, Article IV, Chapter 2 of the Cuba, Missouri, City Code concerning “Americans with Disabilities Act” grievance procedures.  First reading roll call vote:  Moreland –yes, Bayless –yes, Conaway –yes, Howard –yes, Killeen –yes, and Murdock –yes. Second reading will be held on April 3rd. 

 

Motion by Bayless, seconded by Conaway, to have a second reading of Bill No. 1397 by caption only.  Vote:  All ayes.  City Clerk Nash read Bill No. 1397 – An ordinance authorizing the Mayor of the City of Cuba, Missouri, on behalf of said city, to enter into an outdoor advertising agreement with Alpha Displays, Inc.  Second reading roll call vote:  Moreland –yes, Bayless –yes, Conaway – yes, Howard –yes, Killeen –yes, and Murdock –yes.  Mayor Bouse declared Bill No. 1397 becomes Special Ordinance No. 442 this 20th day of March 2006. 

 

Motion by Killeen, seconded by Howard, to have the first reading of Bill No. 1398 by caption only.  Vote:  All ayes.  City Clerk Nash read Bill No. 1398 – an ordinance vacating un unimproved and un-maintained portion of Grove Street within the Forest Grove Addition to the City of Cuba, Missouri, reserving for the city a permanent easement for utilities.  First reading roll call vote:  Moreland –yes, Bayless –yes, Conaway –yes, Howard –yes, Killeen –yes, and Murdock –yes.  Second reading to be held on April 3rd. 

 

Continuation of the CDBG procurement. 

Motion by Howard, seconded by Bayless, to award the administration services to MRPC for $3,160.00 once approved by the State for the single bid.  Discussion:  council has completed all evaluations on MRPC, the evaluation copies are attached. Having fully evaluated the sole bidder the Mayor asks for questions.  NONE.  Murdock – abstain, Killeen –yes, Howard – yes, Conaway –yes, Bayless –yes, and Moreland –yes. 

 

Alderman Murdock has set up IMS classes for April 11 and 12 at Recklein, from 7:00 a.m.-11:00 and noon-4:00.  Motion by Murdock, seconded by Conaway, to approve the dates, time and location of the IMS classes.  Vote:  All ayes. 

 

Alderman Murdock suggested the sign that directs the public to the court in the back of City Hall be removed. 

 

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Alderman Murdock announced the Cuba Celebration meeting will be held tomorrow at 6:30 p.m. in City Hall.

 

Alderman Murdock asked if the attorney was working on the mutual aid and the executive order.

 

Mayor’s appointments.  Alderman Howard suggested to appoint Martha Nelson and Denise Bessemer to the Park and Recreation Commission.  Motion by Bayless, seconded by Howard, to appoint Martha Nelson and Denise Bessemer to the Park and Recreation Commission.  Vote:  All ayes. 

 

City Clerk Nash asked to attend the Sunshine Law seminar with Attorney Robinson on May 24 for $249 per the ordinance that she and attorney every two years.  Motion by Bayless, seconded by Murdock, to approve the City Clerk’s attendance at the Sunshine Law Seminar.  Vote:  All ayes. 

 

Mayor Bouse is still hearing a lot about the carbon monoxide detectors and would like the Board to look into this further even though this was just done by Alderman Murdock and Alderman Howard.  Alderman Howard asked how you can enforce an ordinance of this kind.  Alderman Murdock stated is we do this, it must be done for everyone.  Some communities have inspectors.  Mayor Bouse stated an ideas was to have the Gas Department check this when someone moves in.  Public Works Director stated the only way to enforce is to have an occupancy permit every time a resident changes hands; however, that happens so frequently.  The Board did not want to move forward on this.

 

Mayor Bouse presented the council with a site plan for Oco-Tool.  It is not to scale as there isn’t a survey on file.  It complies with setbacks.  Attorney Robinson suggested if the council approves this they need to set a minimum green space buffer.  Annalee Williams asked if the council approves will the city get the buffer deeded back to them.  Mayor Bouse was unsure.  The council was unsure of having a park, just have trees and benches along the Bond Street side.  Motion by Moreland, seconded by Bayless, to approve the site plan (attached) and to have a 30 foot buffer (30x319) along Bond Street.  Moreland –yes, Bayless –yes, Conaway – no, Howard –yes, Killeen –yes, and Murdock –yes. 

 

Mayor Bouse is getting complaints about traffic on the west side of town on Old 66 where the speed limit goes from 55mph to 35mph.  Baldwin recommended to expand the city limits on the right of ways as they did on the highway and the city can set the speed limit appropriately.  Baldwin will move forward with MoDOT on this.

 

Mayor Bouse stated that Frisco’s contacted him and would like to get parking on the south side of the railroad tracks.  There isn’t much parking there now.  Baldwin will get some preliminary figures and check with the railroad agreement.

 

Mayor Bouse announced that MoDOT is holding a listening post at the courthouse in Steelville on March 23 from 5-7p.m.

 

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City Collector Nina Snowden mentioned the Meet the Candidate forum at the High School Commons on Thursday, March 23 from 6-8, sponsored by Citizens Against Meth. 

 

Motion by Murdock, seconded by Moreland, to go into closed session pursuant to RSMo 610.021 Section 3) Personnel.  Roll call vote:  Moreland –yes, Bayless – yes, Conaway – yes, Howard –yes, Killeen –yes, and Murdock –yes. 

 

Mayor Bouse called a three-minute recess prior to convening in executive session.

 

Actions of executive session:

Motion by Killeen, seconded by Conaway, to extend the unpaid leave of Sandra Good until May 1, 2006 and will make another evaluation at that time.  Vote:  All ayes. 

Motion by Howard, seconded by Killeen, to go back into open session.  Vote:  All ayes. 

 

Alderman Killeen went to the hallway to call citizens back in.  No other persons present at this time.

 

Motion by Bayless, seconded by Conaway, to adjourn.  Vote:  All ayes. 

 

 

 

 

Christine Nash, City Clerk