REGULAR MEETING MINUTES

BOARD OF ALDERMEN OF THE CITY OF CUBA, MISSOURI

MONDAY – AUGUST 16, 2004 – 5:30 P.M. – CUBA CITY HALL COUNCIL ROOM

Mayor Koch called the meeting to order. Aldermen present: Mike Moreland, Ralph Bayless, Faye Howard, Kenny Killeen, and Brad Bouse. Aldermen absent: Judy Schroeder. City attorney present: Ron White (in for Kent Robinson). Public Works Director present: Bob Baldwin.

Motion by Bayless, seconded by Bouse, to approve the agenda. Vote: Five ayes. Schroeder – absent.

Motion by Bayless, seconded by Howard, to approve the agenda with change on second page to state “and/or dogs and cats. Vote: Five ayes. Schroeder – absent.

Motion by Killeen, seconded by Bouse, to pay the bills as presented. No discussion. Vote: Five ayes. Schroeder – absent.

Citizens participation: None.

Planning and Zoning Recommendations: Planning & Zoning Commission held two public hearing on August 11, 2004 on (a) a proposed amendment to Section 25-211 and Table 4-1 of the Cuba Development Code, changing the words “lot coverage-maximum” to “building coverage-maximum” as those words are defined in Section 25-41 of the said code; and, (b) on the proposed adult entertainment ordinance, creating a new zoning classification of adult entertainment and to provide for the strict regulation of said code. Motion by Bayless, seconded by Moreland, to move forward with the procedures necessary to adopt the changes in the Cuba Development Code. Vote: Five ayes. Schroeder – absent. City Clerk Nash has posted public hearing for September 7, 2004.

Public Works Director Report: Bob Baldwin stated the insurance will pay $13,000 of the damage to the Programmable Logic Controller (PLC) at the Treatment Plant from the lightening strike earlier this summer. However, with the new PLC, the city will have to incur new software costs and a new PC, for a total of $18,400 (including the $1000 deductible). The council concurred that further explanation is needed as to why the PC and software is not covered in insurance coverage.

Bob Baldwin presented the council with two bids on utility poles (40 in different sizes) for the Electric Department.

Arkansas Electric Cooperatives $6,487.50

International Paper $6,279.25

Motion by Killeen, seconded by Moreland, to approve the bid from International Paper for 40 poles at $6,279.25. Vote: Five ayes. Schroeder – absent.

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Bob Baldwin presented an asphalt amount for the overlay of James Street at $3,216.00 for 62 tons. This is under budget. Motion by Bayless, seconded by Bouse, to approve the $3,216 to N.B. West for asphalt. Vote: Five ayes. Schroeder –absent.

Motion by Bayless, seconded by Killeen, for the second reading of Bill 1333 by caption only. Vote: Five ayes. Schroeder – absent. City Clerk Nash read Bill No. 1333 – An ordinance amending certain provisions of Chapter 5 of the Cuba, Missouri, City Code so as to (A) prohibit vicious animals within the City, (B) limit the number of dogs and/or cats in one household, and (C) repealing Article II of Chapter 5 of said Code. Second reading roll call vote: Moreland – yes, Bayless –yes, Schroeder – absent, Howard –yes, Killeen –yes, and Bouse –yes. Mayor Koch declared Bill No. 1333 becomes General Ordinance No. 972 this 16^th day of August 2004. This ordinance will not take effect until November 16, 2004.

Motion by Killeen, seconded by Moreland, to have the first reading of Bill No. 1334 by caption only. Vote: Five ayes. Schroeder – absent. City Clerk Nash read Bill No. 1334 – An ordinance re-adopting General Ordinance No. 680, which was enacted on September 7, 1993, to establish a procedure to disclose potential conflicts of interest and substantial interests for certain Municipal Officials. First reading roll call vote: Bouse – yes, Killeen – yes, Howard –yes, Schroeder – absent, Bayless –yes, and Moreland –yes. Motion by Howard, seconded by Bouse, to have the second reading of Bill No. 1334 by caption only. Vote: Four ayes. Killeen – nay. Schroeder – absent. City Clerk Nash read Bill No. 1334 a second time. Second reading roll call vote: Moreland –yes, Bayless –yes, Schroeder –absent, Howard –yes, Killeen –yes, and Bouse –yes. Mayor Koch declared Bill No. 1334 becomes General Ordinance No. 973 this 16^th day of August 2004.

Motion by Moreland, seconded by Bayless, to have the first reading of Bill No. 1335 by caption only. Vote: Five ayes. Schroeder –absent. City Clerk Nash read Bill No. 1335 – An ordinance rezoning a parcel of land within the limits of the City of Cuba, Missouri, from R-1 (Residential single and two Family District) to R-2 (Multi-Family District). First reading roll call vote: Moreland – yes, Bayless –yes, Schroeder – absent, Howard –yes, Killeen – yes, and Bouse –yes. Motion by Bouse, seconded by Bayless, to have the second reading of Bill No. 1335 by caption only. Vote: Five ayes. Schroeder –absent. City Clerk Nash read Bill No. 1335 a second time. Second reading roll call vote: Bouse – yes, Killeen –yes, Howard –yes, Schroeder –absent, Bayless – yes, and Moreland – yes. Mayor Koch declared Bill No. 1335 becomes General Ordinance No. 974 this 16^th day of August 2004.

Motion by Bayless, seconded by Bouse, to have the first reading of Bill No. 1336 by caption only. Vote: Five ayes. Schroeder – absent. City Clerk Nash read Bill No. 1336 – An ordinance authorizing the conveyance of real property in the Industrial Park of the City of Cuba, Missouri, by Special Warranty Deed, from the City of Cuba, Missouri, to Brake Parts, Inc. First reading roll call vote: Moreland – yes, Bayless –yes, Schroeder –absent, Howard – yes, Killeen –yes, and Bouse – yes. Mayor Koch asked to hold the second reading until the September 7, 2004 council meeting.

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Alderman Howard gave a report on the pool attendance this season. She stated that the Park and Recreation Commission is making the final revision of the Aquatics Manual and will get copies to the council once its complete. The pool will only be open on weekends until Labor Day due to school.

Alderman Bouse announced an Economic Development Summit in Jefferson City on August 25^th. Alderman Bouse cannot attend, but would like to see someone attend. Mayor Koch will look at his schedule.

Alderman Bouse announced that on August 27 in Bourbon there is a meeting on the downtown revitalization at the Senior Center from 2-4. Mayor Koch would like Bob Baldwin and Tonya Farace to attend. Alderman Killeen would like to attend as well.

Motion by Bouse, seconded by Howard, to purchase Airport fuel. Vote: Five ayes. Shroeder – absent.

Mayor Koch received a letter from the Missouri Public Service Commission announcing that HB 1402 has passed allowing municipalities to operate their own cable system. Mayor Koch will put a copy of this letter in each Alderman’s mailbox.

Mayor Koch announced that Head Start is taking application this week.

Mayor Koch announced that Ms. White had the grand champion steer at the State Fair.

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

Motion by Moreland, seconded by Howard, to go into closed session pursuant to RSMo 610.021 Section (2) real estate. Roll call vote: Moreland –yes, Bayless –yes, Schroeder – absent, Howard –yes, Killeen –yes, and Bouse –yes.

Mayor Koch called a five minute recess prior to convening in executive session.

Actions of executive session:

Motion by Killeen, seconded by Bayless, to put the city property (old Paramount building) for sale. Vote: Five ayes. Schroeder – absent.

Motion by Killeen, seconded by Bayless, to go back into open session. Vote: Five ayes. Schroeder – absent.

Motion by Bayless, seconded by Bouse, to adjourn. Vote: Five ayes. Schroeder – absent.

Christine Nash, City Clerk