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Home My WebLink AboutCouncil.Minutes.12-16-1996.Regular 163 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSiOt1 December 16 19 96 523787 I REGULAR SESSION- DECEMBER 16, 1996 Council convened in regular session on Monday, December 16, 1996, at 7:30 p.m. with Mayor AI Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin Kasten, ITom Neumeyer, and Jack Rickard present. J.J. Williamson was absent. The invocation was presented by Councilman Eggimann. The minutes of the December 2, 1996, regular and executive sessions were approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. The agenda was adopted as distributed upon Mr. Gateley's motion, Dr Kasten's second, and the I following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. � � Dr. David Westrich, a resident of Woodland Hills Subdivision, appeared in support of the extension i of Kent Street to L.exington Avenue. He gave a history of the project and requested the City fund this � project. � i Mr. Dave Gerlach, developer of this property, questioned if the Kent Street extension is completed, how will it fi�nded and will it be tax billed. If he is tax billed for the improvement, he does not intend to pay the tax bills, and the property will revert back to the city. Mr. Gateley explained that the City Council had previously approved this project and placed it in the Capital Improvements Program, and the project should proceed. Mayor Spradling stated the staff should proceed with this project. Mr. Eggimann commented that Carl Talley was honored for his four years of service on the Cape Girardeau Area Industrial Recn�itment Association. Mr. Talley was an innovator in bringing business to this area, and Mr. Eggimann thanked him for his work. BILL NO. 96-342 was given second and third readings as follows: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE BY ENACTING A NEW ARTICLE XI RELATING TO POLITICAL CAMPAIGN SIGNS Mr. Neumeyer made a motion, seconded by Mayor Spradling to approve the second and third readings of BILL NO. 96-342 and to adopt the ordinance. Following discussion by the Council, the motion failed, and the ordinance was not adopted, upon the following roll call vote: Eggimann, nay; Gateley, nay; Kasten, nay; Neumeyer, aye; Rickard, aye; Spradling, aye. The following bills were given second and third readings. BILL NO. 96-338 AN ORDWANCE GRANTING A SPECIAL USE PERMIT TO AMERICARE PROPERTIES, INC., FOR PURPOSES OF CONSTRUCTWG, MAWTAINING AND OPERATING AN ADDITION TO AN EXISTING RFSIDENTIAL FACILITY AT 2911 BEAVERCREEK DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI 164 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOfI December 16 1 g 96 523787 BILL NO. 96-339 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MARVIN L. MILLER, KATHY J. MILLER AND ALMA JEAN GRAY, FOR PURPOSES OF MAINTAINING AND OPERATING A DAY CARE CENTER AT 911 NORTH MISSOURI, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 96-336 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM C. DOUGLAS JOHNSON AND SHERRILL G. JOHNSON AND A QUIT CLAIM DEED FROM JULI D. YOUNG KEMP AND KENT KEMP FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT BILL NO. 96-341 AN ORDINANCE AMENDWG CHAPTER 7 OF THE CITY CODE RELATING TO SMOKE DETECTORS II ! BILL NO. 96-343 AN ORDWANCE AMENDING CHAPTER 26 OF THE CITY CODE, i RELATING TO ABANDONED PROPERTY The second and third readings of BILL NOs. 96-338, 96-339, 96-336, 96-341, and 96-343, were approved and the ordinances adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, Mayor Spradling and Tom Neumeyer on BILL NO. 96-341. BILL NO. 96-338 is ORDINANCE NO. 2101; BILL NO. 96-339 is ORDINANCE NO. 2102; BILL NO. 96-336 is ORDINANCE NO. 2103; BILL NO. 96-341 is ORDINANCE NO. 2104; BILL NO. 96-343 is ORDINANCE NO. 2105. BILL NO. 96-346 was given first reading as follows: AN ORDINANCE AMENDING SECTION IS-426(B)OF THE CITY CODE RELATING TO THE BOARD OF EXAMINERS The first reading of B[LL NO. 96-346 was approved upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. B[LL NO. 96-347 was given first reading as follows: AN ORDWANCE NAMING NEW MISSOURI ROUTE 74 W THE CITY OF CAPE GIRARDEAU, MISSOURI, AS SHAWNEE PARKWAY The first reading of BILL NO. 96-347 was approved upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 96-349 was given first, second and third readings as follows: AN ORDINANCE AMENDING SECTION 26-260 OF THE CITY CODE, RELATING TO HAND(CAPPED PARKING � I I ' 165 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $2SSIOt1 December 16 19 96 S23787 The first, second and third readings of BILL NO. 96-349 were approved and the ordinance adopted upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 96-349 is ORDINANCE NO. 2106. � � i BILL NO. 96-351 was given first reading as follows: i� AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE IMPROVEMENT OF I LEXINGTON AVEMJE,PHASE V,FROM OLD SPRIGG STREET ROAD TO BIG BEND ROAD, FOR A DISTANCE OF 4,655.12 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI,AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR The first reading of BILL NO. 96-351 was approved upon Mr. Gateley's motion, Mr. Eggimann's I second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. Mr. Eggimann made a motion, seconded by Mr. Gateley, to authorize final payment for the improvement of Lexington Avenue Phase V to Lappe Cement Finishing, Inc. and Fronabarger Concreters, Inc. contingent upon receipt of the contractors' corrected final documents. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 96-353 was given first reading as follows: AN ORDINANCE AMENDING SECTION 26-331(a) OF THE CITY CODE RELATING TO LEAVING THE SCENE OF AN ACCIDENT The first reading of BILL NO. 96-353 was approved upon Mr. Gateley's motion, Mr. Neumeyer's's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 96-354 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, ESTABLISHWG A HANDICAPPED PARKING SPACE ON NORTH FOUNTAIN STREET, IN THE C[TY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 96-354 was approved upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 69-352 was given first reading as follows: AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS FROM DAVID L. AND CINDY MISKELL AND E.R. THOMPSON CONSTRUCTION COMPANY, INC. FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The first reading of BILL NO. 96-352 was approved upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. 166 Proceedings of the City Council, City of Cape Girardeau, Mo. t�e�ular SeSSiOr1 T�P�r�mhPr � 6 19 �b.—. S23787 BILL NO. 96-357 was given first reading as follows: AN ORD(NANCE ACCEPTING GENERAL WARRANTY DEEDS FROM PAUL D. GERLACH ANU MARY J. GERLACH AND WALTER J. FORD AND IRIS J. FORD; AND FROM TERRI L. McNEELY AND ROGER D. McNEELY FOR THE CAPE GIRARDEAU RECREATION TRAIL PROJECT The fi►•st reading of BILL NO. 96-357 was approved upon Mr. Neumeyer's motion, Mr. Gateley's I second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 96-358 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM JAMES A. PHEGLEY; KENNETH O. WINDISCH AND ,IANE E. WINDISCH FOR THE TWIN LAKES SUBDNISION SANITARY SEWER PROJECT The first reading of BILL NO. 96-358 was approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 96-348 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANGER TO EXECUTE AN ADDENDUM TO AGREEMENT WITH ALLIANCE WATER RESOURCES, INC. I I The reading of BILL NO. 96-348 was approved and the resolution adopted upon Mr. Neumeyer's motioii, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 96-348 is RESOLUTION NO. 1219. B[LL NO. 96-355 was presented as follows: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR DOWNTOWN DECORATIVE STREET LIGHT SYSTEM WITH UNION ELECTRIC COMPANY AND CAPE GIRARDEAU REDEVELOPMENT CORPORATION, INC. The reading of BILL NO. 96-355 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, Sp►•adling. Nays, none. BILL NO. 96-355 is RESOLUTION NO. 1220. BILL NO. 96-356 was presented as follows: A RESOLUT[ON AUTHOR[Z[NG THE C1TY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT NO. 3 WITH THE U.S. DEPARTMENT OF THE ARMY FOR CONSTRUCTION OF THE MARIETTA STREET BRIDGE, ON WALKER BRANCH PHASE I[I � The reading of BILL NO. 96-356 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. Nays, none. BILL NO. 96-356 is RESOLUTION NO. 1221. 167 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular $eSSIOCI December 16 19 96 523787 - I Betty J. Campbell, William F. Greene, Mae Josephine Roth and Loretta Schneider were appointed j to the Vision 2000 Community Relations Council for terms expiring December 31, 1999, upon Mayor !� Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, ;` Neumeyer, Rickard, Spradling. Nays, none. iBeverly Estes, Dan Drury, and Mary Robertson were appointed to the Convention and Visitors Advisory Board for terms expiring January 1, 2000, and Kara Cracraft was appointed for a term expiring January 1, 1998, upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. George Ruetzel and David Dormeyer were appointed to the Board of Examiners for terms expiring ,lanuary 1, 2000, upon Mr. Rickard's motion, Mr. Gateley's second, and the following vote: Ayes, � Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. Michael L.eimer was appointed to the Golf Course Advisory Board as the Jaycees representative for a term expiring September 4, 1999, upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. Tom Neumeyer was appointed to the Cape Girardeau Parks Development Foundation for a term expiring December 31, 1997, upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. A 5% beer by the drink license for James McGill, d/b/a Score Box, 1031 Broadway, James McGill, Managing O�cer, was conditionally approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. The improvements at the Wastewater Treatment Plant were accepted and final payment to Gregory Construction, Inc. was authorized upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. I Phase II of the Recreation Trail Project was accepted and final payment to Penzel Construction Company, Inc. was authorized upon Dr. Kasten's motion, Mr. Rickard's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. The improvements for the outfall relief constniction, SRF Loan 295229-0 l, 1994 Sewer Bond Phase I were accepted, and final payment to KAJACS Contractors, Inc. was authorized upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. Mr. Neumeyer made a motion, seconded by Dr. Kasten, to excuse the absences of Councilman Williamson on November 18, December 2 and December 16. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. Regarding employee compensation, Mayor Spradling stated this was discussed in the study session. Mr. Gateley welcomed two members from Scout Troop 2 who were attending the meeting as part of their Merit Badge. The Council wished all citizens a Merry Christmas and a Happy New Year. � 168 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOfI December 16 19 96 ------ S23787 -�T There being no further business, the Council adjourned upon Mr. Neumeyer's motion, Mr. � Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. A. M. Spradling I, Mayor I ,; r " � � � , Gayle L onrad, Deputy City Clerk i � I � �