City Council

Page 380 CITY OF CARUTHERSVILLE June 3, 2019 Be it remembered the Council of the City of Caruthersville met in regular session Monday, June 3, 2019 at 5:00 p.m. in the Council room of the Municipal Building at which time and place the following were present: Sue Grantham Mayor Takella Motton City Clerk Lawrence Dorroh City Counselor Tony Jones Sergeant at Arms Rodgers Councilperson Duckworth Councilperson Bullington Councilperson Lyons Councilperson Cheek Councilperson Grable Councilperson Hood Councilperson Reeves Councilperson The number of members necessary to consider a quorum being present, the Mayor called the meeting to order and announced the meeting was in session for the transaction of business. The first order of business was the approval of the regular session minutes of May 20, 2019. Councilperson Rodgers motion to approve, second by Councilperson Lyons with all in favor The next order of business was approval of the closed session minutes of May 20, 2019. Councilperson Cheek motion to approve, second by Councilperson Lyons with all in favor. Councilperson Duckworth motion for approval of reports and bills, second by Councilperson Lyons with all in favor. There were several letters received concerning the street on the north side of Mike Harmon’s property. Johnny Harmon started the conversation off by stating that when Mike Harmon purchased the property in question that he was told that it was an easement. It turns out that it’s been a dedicated street since the 1950’s, and it has never been used as a street. Mike Harmon wants to build a shop/garage on the unnamed street, which is in the back northeast side of his house. Johnny Harmon stated that he had asked some of the affected residents, and they didn’t think closing the street would affect them because they didn’t use the access to the farmland. Johnny Harmon went on the say that the property was originally platted for growth potential, and has never been used for its intended purposes. He also stated that if the street in question was closed that the farmland would still have 4 more accesses. Doug McDowell representing the Pierce family was concerned if the street access was allowed to be closed that other property owners may want to close their access off. The other concern is that if Page 381 the property was divided differently that there could be a division of the property. Mr. McDowell interest is to protect the beneficiaries of the trust no matter who may later own the property. One possible solution would be to consult all affected parties, and if the City would permanently protect at least one access, with the agreement of the affected property owners. Jimmy Southern stated that he was opposed of closing the street, and that no one could predict the future but the Pierce trust has 3 individuals involved, and the street has been on the books for years. Development could take place in the future that would affect the property owner’s investment. Carol Pierce Olson who has one half interest in the property referred to as Cosmo Acres sent a letter expressing opposition to the closing of any access points with regards to it affecting current land use and future land value, including any potential development of property. Jim DeReign expressed that the notion of having a subdivision is highly unlikely because of the expense involved, and by taking away 1 of the options you would have other options for access. Mr. DeReign stated that any attorney that would moderate the matter would like at the current land use rather than what could be, and grant any easement required to have easy access to the property. The utility lines prevent equipment from going down, and there’s not on the table a plan for a subdivision, and the utility lines would have to be redone. Lawrence Dorroh has a conflict of interest with being co-trustee for the trust that holds ownership interest in the property, and can’t advise the City as to what to do, prepare ordinances, or give legal advice to the closure of a dedicated street. As co-trustee he has the same concerns as Mr. McDowell, and how you differentiate between the access points for any potential closure as well. The property owners have always taken a protective stance with all the access points. As a trustee, any future development is of importance, especially with most of the subdivisions being full, and the area in question is one of the only properties that could be utilized for a subdivision. With the concern of the beneficiaries’ interest, he’s opposing the closure. Councilperson Cheek motion to close the street as requested by Mr. Harmon in regards to the availability of the other accesses, second by Councilperson Hood, and more discussion was ensued. There was a suggestion of making the other streets permanent for no closures, in which some of the Council was not comfortable with. Lawrence Dorroh stated that legal council would be necessary and suggested Terry McVey as a good option. Councilperson Cheek withdrew his motion, second by Councilperson Rodgers upon seeking legal advice, which resulted in the following: Rodgers Yes Duckworth Yes Bullington Yes Lyons Yes Cheek Yes Grable Yes Hood Yes Reeves Yes Mayor Grantham thanked everyone for coming and expressed that the Council wanted to do the right thing and consult with an attorney. Lawrence Dorroh stated the City needed to get legal advice that affected the rights of others. Mike Harmon stated that the street runs all the way down against his house, so his air conditioner and door is on the street. Counselor Dorroh stated that access to the farm  Page 382 land was not a concern but future access with development is of concern and the South Ward access is the most desirable entrances. Fire report; Fire calls from May 29, 2019 through June 3, 2019 are as follows: 5/29/19; Vehicle fire on I55 with minor damage, 5/29/19; Small fire in duct vents caused by contractors on Ward Ave., 5/31/19; Trailers set on fire on West 3rd St., 5/31/19; Alarm sounding on Davis and replaced battery in hallway. There were 126 Rural Fire Subscription notices sent out last week. Public Works; Paul Shaw reported that the crew is continuing picking up limbs and leaves, and are receiving reports on flood damage. Some of the worst areas are on 6th St between Franklin to Walker, 9th St between Brown and Oak, Brown between 9th St and 10th St, and Gayoso lift station line and manhole repair. The ground water is still high so you can’t do a lot of digging. There’s a SEMA/FEMA meeting tomorrow in Sikeston where they will be issuing forms to be turned in for the flooding. President Trump did declare a federal declaration for Pemiscot County, and John Chittenden is working to see if a matching grant could be established through USDA. Code Enforcement; Sonya Fuller reported continuing to process letters regarding code violations, working with the Mayor with in house mowing, continuing with the door hangers, and making trips to nearby towns to see people who own land in the City. Park & Recreation; Wes Deere reported that baseball closed out this week because of the rain, and the wrestling event had a good turnout. The pool hours for the summer will be from 12:00 p.m. until 4:00 p.m. , and the trench is being dug for the solar panels for installment. Economic Development; Jana Merideth reported that second phase of the University of MO Extension Building Local Prosperity Group is in the works of being approved. The local leadership team has been met by the federal guidelines. Ms. Merideth has been raising pledges for the $7,000 needed for the application fee, and is near the mark. The River Heritage Commission will have a meeting in Jackson, Tuesday, June 4, 2019 and the Mayor and Ms. Merideth will be attending. The City pays dues to the Bootheel Regional Planning Commission, but has not had a representative for years, so the Mayor and Ms. Merideth will be going to a meeting June 20, 2019 at 2:00 p.m. in Dexter. The Set Leadership Team is also a group that’s recommended to get involved with that deals with tourism, broadband, workforce development, and agriculture. The City website is also being worked on this week. Business from the floor; Ann Jefferies inquired of the filling of the pot hole on Carleton, it will be filled again next week, they’re trying to get caught up on limbs and debris. Councilperson Bullington made mention that everyone needed to get familiar with the revised personnel manual and follow the guidelines. Councilperson Lyons motion to adjourn, second by Councilperson Rodgers, with all in favor, the meeting adjourning at 6:15 p.m. ATTEST: _____________________________________ Mayor _________________________________ City Clerk