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Proceedings of the City Council, City of Cape Girardeau, Mo.
Reqular _ S@SSIOfI April 1 19 96
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REGULAR SESSION-APRII. 1, 1996
Council convened in regular session on Monday, April 1, 1996, at 7:30 p.m. with Mayor A1 Spradling
III presiding. and Council Members Richard Eggimann, Melvin Gateley, Melvin Kasten, Tom
Neumeyer, Jack Rickard and J.J. Williamson present.
The invocation was presented by Rev. Bonita Sparks, Associate Pastor of Centenary United Methodist
Church, and the Pledge of Allegiance was lead by Boy Scout Troop 21 sponsored by St. ?ndrews
Church and the Southeast Missourian. -
Dr. Kasten made a motion, seconded by Mr. Williamson, to amend the minutes of the March 18,
1996, regular session by adding the following paragraph after the comments by Dennis Meyer: "Dr.
Kasten stated he intended to abstain from any vote. If the GSA does not pick this site, he questioned
whether the Haarig Association would support Representative Mary Kasten in her quest to obtain the
site for state offices. Mr. Meyer responded they would." The motion was approved upon the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none. The minutes of the March 18, 1996, regular session were approved as amended and the
minutes of the executive session were approved upon Mr. Gateley's motion, Mr. Neumeyer's second,
and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Williamson's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
This being the date set for a public hearing to consider vacating the city's interest in a 10' �:�liry
easement which runs along the South and West boundaries of Lot 6 in Chapel Heights Subdivision,
the hearing was opened. There being no appearances, the hearing was c�osed.
The following bills were given second and third readings:
BILL NO. 96-101 AN ORDINANCE REPEALING SECTION 16-15 OF THE CITY CODE
AND ENACTING A NEW SECTION 16-15 IN LIEU THEREOF
RELATING TO JURY TRIALS
BILL NO. 96-102 AN ORDINANCE VACATING THE CITY'S INTEREST IN
PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE UPPER CAPE LA CROIX TRUNK SEWER
PROJECT, PHASE 4, SECTIONS I AND II, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 96-104 AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO
INCLUDE PROPERTIES OF HANOVER LUTHERAN CHURCH
The second and third readings of BILL NOs. 96-101, 96-102 and 96-104 were approved and the
ordinances adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Wi11_iamson. Nays, none. BILL
NO. 96-101 is ORDINANCE NO. 1931; BILL NO. 96-102 is ORDINANCE NO. 1932, BILL NO.
96-104 is ORDINANCE NO. 1933.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ S2SSIOf1 April 1 �Q 96
BILL NO. 96-110 was given first reading as follows:
AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF A UTILITY
EASEMENT IN CHAPEL HEIGHTS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL NO. 96-110 was approved upon Mr. Eggimann's motion, Dr. Kasten's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 96-108 was given first reading as follows:
AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM JEAN J. DEEVERS,
EILEEN DEEVERS aka ILENE DEEVERS,JILES E. DEEVERS AND SALLY ANN DEEVERS,
GLENDA DEEVERS EDDLEMAN AND RODNEY J. EDDLEMAN, HELEN J. DEEVERS,
I��IBERLY S. THOMPSON AND TROY R. THOMPSON, SARAH L. PICKENS AND DAVID
PICKENS, KAREN K. KESTER, AND JAMES G. DEEVERS AND MELISSA A. DEEVERS,
FOR THE CLOSURE OF THE CITY LANDFILL
The first reading of BILL NO. 96-108 was approved upon Mr. Gateley's motion, Dr. Kasten's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 96-109 was given first reading as follows:
AN ORDINANCE AUTHORIZING'TI�MAYOR TO EXECUTE A PERMANENT EASEMENT
FOR THE CLOSURE OF THE CITY LANDFILL
The first reading of BILL NO. 96-109 was approved upon Dr. Kasten's motion, Mr. Eggimann's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 96-112 was given first, second and third readings as follows:
AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-28 OF THE CITY CODE,
REPEALING CERTAIN LOCATIONS AND ESTABLISHING SPEED LIlVIITS ON INTERSTATE
55, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first, second and third readings of BILL NO. 96-112 were approved and the ordinance adopted
upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-112 is
ORDINANCE NO. 1934.
BILI.NO. 96-115 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO CAREFUL
AND PRUDENT OPERATION OF A MOTOR VEHICLE
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ $@SSIOCI April 1 19 96
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The first reading of BILL NO. 96-115 was approved upon Mr. Gateley's motion, Mr. Neumeyer's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 96-116 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO
EXCEEDING SPEED LIMITS
The first reading of BILL NO. 96-116 was approved upon Mr. Williamson's motion, Mr. Gateley's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 96-119 was given first reading as follows:
AN ORDINANCE APPROVING A PLAT OF DEDICATION FOR RUSMAR STREET
The first reading of BILL NO. 96-119 was approved upon Mr. Eggimann's motion, Mr. Gateley's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 96-113 was given first reading as follows:
AN ORDINANCE ENACTING A NEW SECTION 26-137 OF THE CITY CODE RELATING TO
PROHIBITED TRUCK TRAFFIC
The first reading of BILL NO. 96-113 was approved upon Mr. Gateley's motion, Mr. Neumeyer's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 96-114 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE W OF SECTION 26-137 OF THE CITY CODE,
ESTABLISHING PROHIBITED TRUCK TRAFFIC, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL NO. 96-114 was approved upon Dr. Kasten's motion, Mr. Gateley's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
_ BILL NO. 96-118 was presented as follows:
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH
THE CONSERVATION COMI�IISSION OF THE STATE OF MISSOURI FOR JUDEN CREEK
CONSERVATION AREA
The reading of BILL NO. 96-118 was approved and the resolution adopted upon Mr. Neumeyer's
motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-118 is RESOLUTION NO. 1157.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ SeSSIOfI April 1 1996
c i a�en —-
BILL NO. 96-117 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM
OF UNDERSTANDING WITH THE FEDERAL AVIATION ADMINISTRATION REGARDING
THE CAPE GIRARDEAU AIR TRAFFIC CONTROL TOWER
The reading of BILL NO. 96-117 was approved and the resolution adopted upon Mr. Eggimann's
motion, Mr. Gateley's second,and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-117 is RESOLUTION NO. 1158.
BILL NO. 96-120 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.
2 WITH BURNS & McDONNELL ENGINEERING COMPANY, INC. FOR THE LANDFILL
CLOSURE PROJECT
The reading of BILL NO. 96-120 was approved and the resolurion adopted upon Mr. Williamson's
motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-120 is RESOLUTION NO. 1159.
A retail liquor by the drink Sunday sales license was conditionally approved for Thomas and King,
Inc. d/b/a Applebee's Grill and Bar, 202 S. Broadview, Daniel Chandler, Managing Officer, upon
Dr. Kasteds motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The request of Harold Meyer for an out-of-district sewer permit for a sewer connection into Sewer
District 14-1-F was authorized upon Mr. Eggimann's motion, Mr. Gateley's second, and the following
vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Mayor Spradling announced that a special City Council meeting is scheduled for Monday, April 8,
at noon in the City Council Chambers to canvass the returns and declare the results of the Apri12,
1996, city election. He encouraged all ci�zens to vote and reminded them of the proposed Charter
amendments on the ballot.
Regarding the parking situation in the 600 block of North Sunset, Mr. Gateley made a motion,
seconded by Mr. Eggimann, directing staff to prepare an ordinance prohibiting parking for a distance
of 123 feet on Sunset Boulevard beginning at the northeast corner of Lacey Street(the southern most
intersection)from 6:00 a.m. to 6:00 p.m. Monday through Friday. The motion was approved upon
the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr. Neumeyer's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
A. M. Spradling III, Mayo
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Ga L. 'onrad, Depury City Clerk