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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOfI May 1 1 Q 95
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REGULAR SESSION - MAY 1, 1995
Council convened in regular session on Monday, May 1, 1995, at 7:30 p.m. with Mayor
Al Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley,
Melvin Kasten, Tom Neumeyer, Jack Rickard and JJ Williamson present.
The invocation was presented by Rev. Robert Wright of Vineyard Christian Fellowship
Church, and the Pledge of Allegiance was recited.
Prior to the regular session, council convened in executive session for the purpose of
discussing property acquisition and personnel upon Dr. Kasten's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The minutes of the April 17, 1995, regular 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 Dr. Kasten's motion, Mr. Williamson's
second and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard,
Spradling, Williamson. Nays, none.
Mayor Spradling commended Mr. Jacki Todd for his years of service on the Park and
Recreation Advisory Board and announced that he had received an award from the
Missouri Parks and Recreation Association for his dedication and service in promoting
the parks in Cape Girardeau. The Mayor congratulated him on his award and thanked
him for his contribution and support to the city parks.
This being the date set for a public hearing regarding a petition for voluntary annexation
presented by Wayne and Louis Koehler; Chris and Stephanie Koehler; and Stephan
Koehler, the hearing was opened. There being no appearances, the hearing was closed.
This being the date set for a public hearing regarding the request of Donnie R. and
Eleanor R. Shuck for a special use permit for mini-storage units at 1733, 1773 Rear and
1749 North Kingshighway in C-2, general commercial district, and R-1, single family
residential district, the hearing was opened. There being no appearances, the hearing
was closed.
Ms. Cecilia Sonderman, 1333 Oakley, appeared to speak about item 28 on the agenda
regarding children playing in the streets. The residents of Oakley Drive who signed the
letter are requesting that the City Council repeal the present code section relating to
children playing in the streets and reenact the previous ordinance, and explained her
reasons for this.
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Regular S@SSIOfI May 1 19 95
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Ms. Dorothy Cockrell stated that since the last City Council meeting, she has received
several calls from senior citizens stating they are being harassed by the children playing
in streets. She stated that the parents are telling the children to play in the streets.
After much discussion, Mr. Eggimann proposed a resolution, seconded by Mr. Gateley,
as follows: Be it resolved that any children playing signs be removed from areas not
officially designated play areas by the City of Cape Girardeau. The resolution was
adopted upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
Mr. William Cato, 77 Green Acres, appeared regarding his neighbor on Green Acres
Drive parking a large number of cars, with and without license plates, on the city streets.
He has been in contact with the Police Department for two years, but nothing has been
done. Ms. Kathy Southard, 77 Centennial, presented pictures she had taken of the
neighborhood and the problem with the junk cars.
Police Chief Butch Boyd responded that he and his Nuisance Officer visited the property
' in question on Friday, April 28, and the owner was issued an abatement notice for the
cars and junk on the vacant lot at 44 Green Acres.
Ms. Betty Cato stated that the owner of 106 Green Acres is selling the cars from his
home. Mr. Donall Medley, 25 Rivercrest, stated there are an excessive number of used
automobiles in this area, and he has observed people test driving vehicles. Mr. Charles
Southard, 77 Centennial, presented a picture of a fence located at the corner of
Centennial and Rand and questioned whether it was legal to have a fence this close to the
street.
Mayor Spradling requested that staff look into the matter of the many junk cars in the
area, the selling of cars from the residence, and the location of the fence. Mr. Gateley
stated that this type of problem is occurring all over town, especially on the south side.
He is going to check his notes and present similar problems he has record of to the city
staff to look into.
The following bills were given second and third readings:
BILL NO. 95-80 AN ORDINANCE ACCEPTTNG QUIT CLAIl�7 DEEDS FROM
E&R LEASING COMPANY AND PIONEER DEVELOPMENT
AND ORCHARD COMPANY, IN THE SOUTHWEST TRUNK
SEWER PROJECT, PHASE 2, SECTION 2
BILL NO. 95-86 AN ORDINANCE ACCEPTING A GENERAL WARRANTY
DEED AND A TEMPORARY CONSTRUCTION EASEMENT
FROM CHARLES DAVID WILLIS AND EVELYN P. WILLIS
FOR THE RECREATION TRAIL PROJECT
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Regular _ SeSSIOtI May 1 �Q 95
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BILL NO. 95-87 AN ORDINANCE ACCEPTING A GENERAL WARRANTY
DEED AND A QUIT CLAIM DEED FROM HILDEGARDE
YOUNG FOR THE CLOSURE OF THE CITY LANDFILL
BILL NO. 95-88 AN ORDINANCE APPROVING THE RECORD PLAT OF
O5AGE PARK PLACE SUBDIVISION
The second and third readings of BILL NOS. 95-80, 95-86, 95-87, and 95-88 were
approved and the ordinances adopted 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. 95-80 is ORDINANCE NO. 1708;
BILL NO. 95-86 is ORDINANCE NO. 1709; BILL NO. 95-37 is ORDINANCE NO.
1710; BILL NO. 95-88 is ORDINANCE NO. 1711.
BILL NO. 95-91 was given first reading as follows:
AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT
FROM ROSS K. HARMON AND ELMA HARMON FOR THE LEXINGTON
AVENUE EXTENSION PROJECT
The first reading of BILL NO. 95-91 was approved 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. 95-92 was given first reading as follows:
AN ORDINANCE ACCEPTTNG A GENERAL WARRANTY DEED AND A QUIT
CLAIM DEED FROM KELSO DEVELOPMENT CORPORATTON FOR THE
LEXINGTON AVENUE EXTENSION PROJECT
The first reading of BILL NO. 95-92 was approved upon Dr. Kasten's motion, Mr.
Williamson's second, and the following vote: Ayes, Egg:mann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-93 was given first reading as follows:
AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CAPE
GIRARDEAU SCHOOL DISTRICT NO. 63 FOR THE NORTH SPRIGG STREET
EXTENSION PROJECT
The first reading of BILL NO. 95-93 was approved 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. 95-94 was given first reading as follows:
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Regular _ S@SSIOfI May 1 19 95
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AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FROM LORETTA
ANN GRAETZ ARMBRUSTER AND CHRISTOPHER ARMBRUSTER, BRYAN
CHARLES UNTERREINER, MICHAEL HERBERT GRAETZ AND RACHEL
GRAETZ, AND JEFFREY S. UNTERREINER AND LISA M. LTNTERREINER FOR
THE CITY WATER DIs�TRIBUTION SYSTEM BOOSTER STATTON
The first reading of BILL NO. 95-94 was approved 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. 95-89 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DONrTIE R. SHUCK
AND ELEANOR R. SHUCK, FOR PURPOSES OF CONSTRUCTING,
MAINTAI1vING AND OPERAT'ING MIIVI-STORAGE UI�TITS AT 1733, 1733 REAR
AND 1749 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE
;
GIRARDEAU, MISSOURI
The first reading of BILL NO. 95-89 was approved upon Mr. Neumeyer's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-90 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF RANDOL FARMS FIRST
ADDITION SUBDIVISION, AMENDED
The first reading of BILL NO. 95-90 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. 95-99 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICENSE AND INDEMIVITY AGREEMENT WITH ALBERT LOOS BY JUAIVITA
LOOS NORRIS AS POWER OF ATTORNEY, FOR A DRIVEWAY ON AN ALLEY
EASEMENT BETWEEN PENNY LANE AND LOUIS STREET
Mr. Eggimann suggested that a letter be sent stating they are responsible for maintaining
the improvements. Mayor Spradling responded that this is listed in the License and
Indemnity Agreement. The first reading of BILL NO. 95-99 was approved 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. 95-100 was given first reading as follows:
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Regular $2SSIOt1 May 1 �9 95
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AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND A
TEMPORARY CONSTRUCTION EASEMENT FROM NIIDAMERICA HOTELS
CORPORATION FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD
CONTROL PROJECT
The first reading of BILL NO. 95-100 was approved 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. 95-96 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANGER TO EXECUTE
AMENDMENT NO. 1 TO AN AGREEMENT FOR PROFESSIONAL ENGINEERING
SERVICES WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC.
RELATING TO THE WATER SYSTEM PROJECT
The reading of BILL NO. 95-96 was approved and the resolution adopted 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.
95-96 is RFSOLUTTON NO. 1046.
BILL NO. 95-98 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH MONROE PLUMBING AND HEATING CO., FOR NORTH
KINGSHIGHWAY SArTITARY SEWER EXTENSION
The reading of BILL NO. 95-98 was approved and the resolution adopted 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.
95-98 is RESOLUTION NO. 1047.
BILL NO. 95-97 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH BROW1vING-FERRIS OF SOUTHERN ILLINOIS, INC., FOR
PROCESSING OF RECYCLABLE MATERIALS
The reading of BILL NO. 95-97 was approved and the resolution 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.
95-97 is RESOLUTION NO. 1047.
BILL NO. 95-95 was presented as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ SeSSIOfI May 1 1 Q 95
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A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
RENEWAL OF CONTRACT FOR AUDITING SERVICES WITH BEGLEY,
JANSSEN, YOUNG & BIRK
The reading of BILL NO. 95-95 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.
95-95 is RESOLUTION NO. 1049.
Ms. Shirley Stennis-Williams was appointed to the Vision 2000 Community Relations
Council for a term expiring December 31, 1997, upon Mr. Eggimann's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
An original package liquor, Sunday sales license for Bi-State Oil Co., d/b/a Bi-State
Southern, 400 Morgan Oak, Robert Blank, Managing Officer, was renewed upon Dr.
� Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
An original package liquor, Sunday sales license for Sikeston General Oil Co., d/b/a
Stadium Food Plaza, 1116 Broadway, Robert M. Jenkins, Sr., Managing Officer, was
renewed upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays,
none.
A retail liquor by the drink license for Deborah Seesing, d/b/a The Corner Pub, 1 S.
Frederick, Deborah F. Seesing, Managing Officer, was conditionally renewed upon Mr.
Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Regarding the limit of trash bags for residential households, Mr. Eggimann stated that
he is in support of implementing the two bag limit in July of 1995 as an incentive for
citizens to recycle and stated he was opposed to delaying it to July of 1996. Dr. Kasten
made a motion, seconded by Mr. Neumeyer, to delay the implementation of reducing the
limit of trash bags or cans for each residential household from three to two for one year
to begin July 1, 1996. The motion was approved upon the following roll call vote:
Eggimann, nay; Gateley, nay; Kasten, aye; Neumeyer, aye; Rickard, aye; Spradling,
aye; Williamson, nay.
Dr. Kasten made a motion, seconded by Mr. Eggimann, to authorize the City Manager
to draft specifications and prepare to bid out the commercial solid waste service, with
service to end on June 30, 1995. The motion was approved upon the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays,
none.
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The sanitary trunk sewer improvements in Sewer District 14-E and 12-LL necessitated
by relocation of Highway 74 were accepted and final payment to Monroe Plumbing &
Heating Co., Inc. was authorized upon Mr. Gateley's motion, Mr. Williamson's second,
and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard,
Spradling, Williamson. Nays, none.
The improvement plans for the sanitary sewers to serve the Route W Commercial Center
were approved upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays,
none.
The sanitary lateral sewer improvements in Sewer District 14-2-A for the Six-Thirty
Corporation industrial tract, particularly Mid-South Steel Products, Inc. were accepted
and final payment to R. L. Persons Construction, Inc. was authorized upon Mr.
Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Dr. Kasten made a motion, seconded by Mr. Williamson, authorizing reimbursement of
$3,773.99 to Dave Gerlach for the construction cost of the additional six feet of Kenneth
Street, from the end of Randol Fanns Estates Subdivision to Route °W", constructing
this portion as a collector street. 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. Eggimann's motion,
Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
A. . Sp adling III, Ma o
� �:�
�j.kf� ;j' �L7�I'�`,,(,
Gayl�`L. Conrad, Deputy City Clerk
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