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Home My WebLink AboutCouncil.Minutes.10-21-1996.Regular 129 Proceedings of the City Council, City of Cape Girardeau, Mo. $�� SeSSIOn October 21 _ 19 �___ i � REGULAR SESSION-OCTOBER 21, 1996 I Council convened in regular session on Monday, October 21, 1996, at 7:30 p.m. with Mayor Al Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin Kasten, �� I Tom Neumeyer, Jack Rickard, and J.J. Williamson present. The invocation was presented by Captain Bob Gauthier of the Salvation Army, and the Pledge of I Allegiance was recited. The minutes of the October 7, 1996, regulaz and executive sessions were approved upon Dr. Kasten's � motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The agenda was adopted as distributed upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. �, Nays, none. Mayor Spradling welcomed the Civics Class from Notre Dame High School. I BILL NO. 96-279 was given second and third readings as follows: I AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE BY ENACTING A NEW I ARTICLE XI RELATING TO POLITICAL CAMPAIGN SIGNS Following discussion, the second and third readings of BILL NO. 96-279 were approved and the ordinance adopted upon the fallowing vote: Ayes, Neumeyer, Rickard, Spradling, Williamson. Nays, Eggimann, Gateley, Kasten. BILL NO. 96-279 is ORDINANCE NO. 2054. � BILL NO. 96-284 was given second and third readings as follows: AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM PAUL I S. /1ND PATRICIA L. BROWN; ACCEPTING A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FROM THOMAS G. AND LAURA L. HINKEBEIN; ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM DALE T. AND KARLA R. PINGEL; DAVID P. AND GINA M. HERZOG; JEROME AND MARIE HINKEBEIN; A1�D ACCEPTING A QUICK CLAIM DEED FROM LOY W. WELKER AND MARY KAY WELKER (FORMERLY MARY KAY GERHARDT), KENNETH H. AND DOROTHY L. INGVALSON AND THOMAS H. GERHARDT FOR THE BELLERIDGE SUBDIVISION STREET IMPROVEMENT PROJECT Mr. Williamson made a motion, seconded by Mr. Eggimann to approve the second and third readings of BILL NO. 96-284 and adopt the ordinance. Mr. Williamson made a motion, seconded by Mr. Eggimann, that BILL NO. 96-284 be amended by changing the word "quick" to "quit" in the ordinance, adding an article stating when the ordinance will be in effect and adding the signature lines. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley (abstain), Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley(abstain), Kasten, Neumeyer, Rickard, I Spradling, Williamson. Nays, none. BILL NO. 96-284 is ORDINANCE NO. 2055 �i The following bills were given second and third readings. �� I 130 Proceedings of the City Council, City of Cape Girardeau, Mo. __ Re_gular S@SSIOfI October 21______ 19 96 BILL NO. 96-272 AN ORDINANCE AMENDING SECTIONS 26-212(c)(2) 26-215(a) OF THE CITY CODE RELATING TO TURNING MOVEMENTS BILL NO. 96-269 AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO ZONING BILL NO. 96-281 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCFS OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF FOREST HILLS ESTATES, LOCATED ALONG NORTH SPRIGG STREET BETWEEN BERTLING STREET AND LEXINGTON AVENUE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-2 � BILL NO. 96-282 AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO GARY B. REAGAN AND VONNE J. REAGAN, FOR PURPOSES OF MAINTAINING AND OPERATING AN EXISTING BUILDING FOR �� ADDITIONAL LIVING QUARTERS AT 2409 PERRYVILLE ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI a BILL NO. 96-283 AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO CAPE BIBLE CHAPEL, INC., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN ADDITION TO'TI�EXISTING CHURCH FACILITY AT 2911 KAGE ROAD, IN THE CITY AND COUNTY QF CAPE GIRARDEAU, MISSOURI BILL NO. 96-286 AN ORDINANCE AMENDING SECTION 17-180 OF THE CITY CODE RELATING TO RESISTING OR INTERFERING WITH ARREST � BILL NO. 96-287 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON BELLEVUE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 96-293 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING ` FOR THE MANNER OF PAYMENT OF THE WORK, ON BRUCHER STREET FROM WAYNE STREET TO BERTLING STREET FOR A DISTANCE OF 1,503 LINEAL FEET; IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 96-292 AN ORDINEINCE AUTHORIZING THE MAYOR TO EXECUTE A , DEED OF RELEASE FOR PROPERTY AT 116 SOUTH HENDERSON I AVENUE I BILL NO. 96-290 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS ANI) T�MPORARY CONSTRUCTION EASEMENTS FROM TERRY M. TAYLOR AND DEBORAH D. TAYLOR; RICHARD T. DIAL AND ANNE H. DIAL; RAYMOND LEROY BROWN AND DAISY E. �I BROWN; CECIL 1VI. CONRAD AND HELEN L. CONRAD; TRUMAN i� 131 Proceedings of the City Councii, City of Cape Girardeau, Mo. _ Regular SeSSIOCI October 21 19 �_6___ I � J. LEMONS AND RUBY A. LEMONS; KEITH WINFREY HUCKSTEP; ALBERT BURNETT, JR. AND RUTH E. BURNETT; ALBERT ' BURNETT, JR. AND RUTH EARLENE BURNETT; GLENN L. GOLIKE AND SUSAN D. GOLIKE; KEITH W. BOELLER AND MARY � A. BOELLER FOR THE TWIN LAKES SUBDIVISION SANITARY � SEWER PROJECT BILL NO. 96-291 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS FROM JOSEPH W. ARMBRUSTER, TRUSTEE, AND MARY G. ARMBRUSTER, TRUSTEE, FOR THE CAPE GIRARDEAU � RECREATION TRAIL PROJECT � I The second and third readings of BILL Nos. 96-272, 96-269, 96-281, 96-282, 96-283, 96-286, 96- 287, 96-293, 96-292, 96-290, and 96-291 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, Williamson. Nays, none. BILL NO. 96-272 is ORDINANCE NO. 2056; BILL NO. 96-269 is ORDINANCE NO. 2057; BILL NO. 96-281 is ORDINANCE NO. 2058; BILL NO. 96-282 is ORDINANCE NO. 2059; BILL NO. 96-283 is ORDINANCE NO. 2060; BILL NO. 96-286 is ORDINANCE NO. 2061; BILL NO. 96-287 is i ORDINANCE NO. 2062; BILL NO. 96-293 is ORDINANCE NO. 2063; BILL NO. 96-292 is � ORDINANCE NO. 2064; BILL NO. 96-290 is ORDINANCE NO. 2065; BILL NO. 96-291 is ORDINANCE NO. 2066. BILL NO. 96-295 was given first reading as follows: AN ORDINANCE AMENDING SECTION 11-52(b) OF THE CITY CODE RELATING TO HOURS OF SALE AND USE OF FIREWORKS I The first reading of BILL NO. 96-295 was approved upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-296 was given first reading as follows: AN ORDINANCE APPROVING THE REVISED RECORD PLAT OF McLANE TONEY SUBDIVISION The first reading of BILL NO. 96-296 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. 96-297 was given first reading as follows: AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS FROM DONALD R. SEABAUGH AND LOLA GAY SEABAUGH; ROBERT MAYBERRY AND GRACIE A. SAVAT MAYBERRY; AND LOREN A. BOETTCHER AND NORMA J. BOETTCHER FOR THE CAPE LA CROIX CREE/WALKER BRANCH FLOOD CONTROL PROJECT � � 132 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SeSSIOCI October 21 _ 19 96 _ ( The first reading of BILL NO. 96-297 was approved upon Mr. Gateley's motion, Mr. Williamson's i second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. iBILL NO. 96-298 was given first reading as follows: ' AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IlVIPROVEMENT, DIRECTII�IG TI�CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, ON SPRIGG STREET EXTENSION NORTH � FROM BERTLING STREET TO LEXIIVGTON AVENUE, FOR A DISTANCE OF 4,507.13 FEET; i IN THE CITY OF CAPE GIRARDEAU, MISSOURI I The first reading of BILL NO. 96-298 was approved upon Mr. Williamson's motion, Mr. Neumeyer's �� second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-299 was given first reading as follows: i� � AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-C-2, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1-C, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEi�I OF SANITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14-1-G2, UNDER A PRIVATE � CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 96-299 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. � � Mr. Gateley made a motion, seconded by Dr. Kasten, to accept into the city's system the street and sanitary sewer improvements as shown on the plans approved for Crites Eighth Addition, the storm sewers in the street right-0f-way and the stormwater detention basin. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-300 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM WEST CAPE i DEVELOPMENT CORPORATION, FOR STREET DEDICATION OF SILVER SPRINGS ROAD AND SPRUCE STREET, IN CRITES EIGHTH ADDITION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 96-300 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. � �I �� 133 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOfI October 21 1 g 96__ I Mr. Dennis Vollink, Mr. Jim Ramage and Mr. Robert Blank, were appointed to the Planning and Zoning Commission for terms expiring November 1, 2000, and Mr. Tom Mogelnicki was appointed for a term expiring November l, 1997, upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Terry Ashby, Mr. Mike Kohlfeld and Ms. Kim Crites were appointed to the Parks and � Recreation Advisory Board for terms expiring October 29, 1999, upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The additional roof replacement work on the A.C. Brase Arena Building under Alternates A, B and D were accepted, and final payment to Western Waterproofing Company, Inc. was authorized upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The preliminary plat of Och's Development was approved upon Mr. Gateley's motion, Mr. � Eggimann's second, and the following vote; Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, �� Spradling, Williamson. Nays, none. An original package 5% beer, Sunday Sales liquor license was approved for Target Media ! � Consultants, d/b/a Spanky's, 2201 Broadway, David Barklage, Managing Officer, upon Dr. Kasten's ( motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, i Neumeyer, Rickard, Spradling, Williamson. Nays, none. � I Regarding the letter received from Mark Grimm on the tax increment financing, Mr. Eggimann stated � i he did not understand the response to question number five relating to a downturn in sales tax. Mr. i Cunningham stated he would get a response from Mark Grimm. In addition, Mr. Eggimann stated � his objections to using the TIF money to improve the Interstate 55 and Highway 61 interchange and ' questioned how this will affect the city's budget and future projects in the city. Mr. John Richbourg will be preparing a study on how the TIF I�istrict will affect the city's budget. 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. i � � < j A. M. Spradling III, Mayor � �,�� i Gay e L. onrad, Deputy City Clerk i� 'C � I (� ,� �I