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Home My WebLink AboutCouncil.Minutes.03-17-1997.Regular 197 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 17 1 g 97 523787 REGULAR SESSION-MARCH 17, 1997 Council convened in regular session on Monday, March 17, 1997, at 7:30 p.m. with Mayor AI 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. Bill Burke, of the First Church of the Nazarene, and the Pledge of Allegiance was recited. The City Council convened in executive session prior to the regular session for purposes of discussing litigation and personnel upon 1VIr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none, The minutes of the March 3, 1997, regular and executive sessions were approved upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. I�Iays, none. The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Herb Annis appeared on behalf of Ho(igan Family Investments in support of BILL NO. 97-44 and to answer any questions. BILL NO. 97-44 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEIVINITY AGREEMENT WITI-I HOLIGAN FAMILY INVESTMENTS, INC. FOR A TEMPORARY COIVSTRUCTION CROSSING ON NORTH SPRIGG STREET The reading of BILL NO. 97�4 was approved and the resolution adopted upon Mr. Gateley's mot�on, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-44 is RESOLUTION NO. 1241. Mr. Curtis Hammond appeared in support of a liquor license for Hurricane Package Store. An original package liquor, Sunday sales license was condiUonally approved for Curtis Hammond, d/b/a Hurricane Package Store, 340 South Sprigg, Curtis Hammond, Managing Officer, upon Mr. Williamson's motion, Mr. Neumeyer's second, and tl�e following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Don Howard appeared and stated he was falsely accused of an incident by the Cape Girardeau Police Department and subsequently arrested, and he requested it be stopped immediately. In 1995 he was issued a summons for peace disturbance and trespassing, and he stated the charges were dropped after he appeared before the City Council. He stated he lives at 1100 Ranney, and that he routinely calls the Police Department repor6ng children fighting or damaging school property. In addition, the Police Department placed an 80 year old woman in jail, and he doesn't believe ttus is rigt�t. Mr. Gateley requested Mr. Miller and Cluef Hetzel look into these matters and report back to ihe City Council. 198 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SesSion March 17 1 g 97 523787 Mr. Rickard explained he received a call from a c►tizen that is wanting to extend water service outside the city lirruts and has an agreement with the city to do so, The citizen stated he is now being required to follow BOCA codes when installing the water service. Staff previously stated that under the water extension agreement, the citizen was not required to follow BOCA codes. If this is the case, then this citizen needs to be informed. Mr. Gateley stated the City Council held a discussion regarding the Ethics Commission in study session. Since there have not been a sufficient number of applicants for membership on the Commission, the Council agreed to extend the deadline for accepting applications to April 15. Mr. Gateley commended Ms. Teri Goodman for the good work she is doing with the Public Awareness Office, and commended Chief Rick I-Ietzel on Operation Safe Streets. Mr. Eggimann expressed to the public the need to support the school bond issue coming up for vote � in April. A move forward to upgrade the school buildings will also help the commuruty, I The following bills were given second and third readings: BILI. NO. 97-32 ORDINANCE ACCEPTING A PERMANENT EASEMENT AND TEMPORARY CONS'I'RUC'TION EASEMENT FROM PAMELA GALE � JOHNSON, CHAPTER 7 TRUSTEE FOR THE ESTATE OF PANHAIVDI.E SOUTHERN, INCe9 DEBTOR, CAUSE NO, 96-41423-HS- 7, IN THE LJNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRIC'T OF 'TEXAS, HOUSTON DIVISION, FOR 'THE SANITARY SEWEIt IMPROVEMENT PROGRAM PHASE I COI.LEGE/HENDEItSON IVORTH CSO SEWER BILL NO. 97-33 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM JOSEPH A. SCI-ILOSSER AND PATRICIA J. SCHLOSSER FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The second and third readings of BILL NOs. 97-32 and 97-33 were approved and the ordinances adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, 1Veumeyer, Rickard, Spradling, Williamson. Nays, none, BILL NO. 97-32 is ORDINANCE NO. 2130; BILL NO. 97-33 is ORDINAIVCE NO. 2131. BILL NO. 97-41 was given first, second and tlurd readings as follows: AN ORDINANCE APPROVING THE RIGHT-OF-WAY DEDICATION PLAT OF CAPE WES'T SEVENTH SUBDIVISION The first, second and third readings of BILL NO. 97-41 were approved and the ordinance adopted I 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. 97-41 is ORDINANCE NO. 2132. i �i BILL IVO, 97-40 was presented as follows: �� A RESOLUTION ADOPTING T�-IE FISCAL, 1997-2002 CAPITAL IMPROVEMENTS PROGRAM i 199 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session �rch 17 19 97 S23787 The reading of BILL NO. 97�0 was approved and the resolut�on adopted upon Dr. Kasten's motaon, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, i Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-40 is RESOLUTION NO. 1242. I � BILL NO. 97-42 was presented as followse A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI LOCAL RECORDS GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMEN'TS The reading of BILL NO. 97-42 was approved and the resolution adopted upon Mr, Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-42 is RESOLUTION IVO. 1243. Mr. Bill Tipton was appointed to the Board of Adjustment for a term expiring March 7, 2002, upon Dr. Kasten's motion, Mr. Eggimann's second, and the following voite; Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Ms. Cynthia Hall was appointed to the Public Library Board for a term expiring June 30, 1998, upon Mr. Gateley's motion, Mr. Williamson9s second, and the following vote: Ayes, Eggimann, Gateley, � Kasten, Neumeyer, Rickard, Spradling, Williamson. IVays, none. Mr. Williamson made a motion, seconded by Mr. Eggimann, to accept the 1996-1997 Street Overlay Program improvements on Cape Rock Drive from Rand Street to the city's water intake facility, on Cape Rock Circle off Cape Rock Drive, and on Country Club from Vincent Park Drive to the Cape Girardeau Country Club entrance, and to authorize final payment to Apex Paving Company. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The plans for relocation of a sanitary sewer line which runs under a home located at 1827 Huntington Drive in Oak Hills Subdivision were approved upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. IVays, none. Spradling abstained for financial reasons. The street improvements on Wilson Road from Old Wilson Road to Minnesota Avenue, as shown on the plans approved for B&E Subdivision, were accepted upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The street and sanitary sewer improvements as shown on the plans for B&E Industrial Park, the storm sewers in the street right-of-way, and the water rriain improvements were accepted upon Mr. Gateley's cnotion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-45 was presented as follows; A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH INTERSTATE 66 PROJECT, INC. FOR LOBBYING SERVICES � zoo Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session �rch 17 �g 97 S23787 The reading of BILL NO. 97-45 was approved and the resolution adopted upon Dr. Kasten's motaon, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mayor Spradling explained that the funds for this will come from private ►ndustry, and the City will just admirvster the funds. BILL NO. 97-45 is RESOLUTION NO. 1244. There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr. Neumeyer's motion, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. - A. . Spradling III, Mayor �� , � �' � �10��, Gayle L. Conrad, Deputy City Clerk I I I I �