Loading...
HomeMy WebLinkAboutCouncil.Minutes.07-24-1995.Regular 269 Proceedings of the City Councii, City of Cape Girardeau, Mo. Regular _ SeSS1011 Jul� 24 19 �� C_1 A'Jd(1 REGULAR SESSION - JIJLY 24, 1995 Council convened in regular session on Monday, July 24, 1995, at 7:30 p.m. with Mayor A1 Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, E Melvin Kasten, Tom Neumeyer, Jack Rickard, and J.J. Williamson present. The invocation was presented by Mr. Gateley, and the Pledge of Allegiance was recited. The minutes of the July 11, 1995, regular and executive sessions, the July 12, 1995, special session, and the July 17, 1995 executive session were approved upon IIr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The agenda was approved 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. Mayor Spradling announced that this was the last regular City Council meeting to be attended by retiring City Manager J. Ronald Fischer and resigning City Attorney Warren Wells. The Council expressed thanks and best wishes to these gentlemen. 1VIr. Douglas K. Leslie was appointed to the position of Interim City Manager effective July 28, 1995, upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Ms. Dorothy Klein, Mr. Dale Clark, and other members of the Olympic Torcn Committee presented the Council with the Olympic Flag and announced that Cape Girardeau had been designated as an official stop for the 1996 Olympic Flag Relay. Ms. Robin Tolbert appeared before the Council in favor of BILL NO. 95-158, regarding construction trades licenses. Mr. Dennis Dobson and Dr. Dix Morgan appeared before the Council regarding the increase in cost estimates for sewer facilities for Twin Lakes Subdivision. Both men spoke on behalf of Twin Lakes property owners and expressed opposition to the increase in cost estimates. Following discussion, a motion was made by Mr. Gateley and seconded by Mr. Eggimann to direct City staff to respond to questions raised by Mr. Dobson and schedule a meeting for early August with the City Council, City staff, and property owners to discuss alternatives. An amending motion was made by Dr. Kasten and seconded by Mr. Williamson to hold that meeting after the staff has received and reviewed information being complied by Dr. Morgan and the Twin Lakes Property Owners Association. The amending motion was approved upon the following vote: Ayes, Eggmann, Gateley, Kasten, Neumeyer, Rickard, 5pradling, Williamson. Nays, none. The original motion, as amended, was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. z�o Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOfI July 24 �9 95 S-tA� Mr. Harvey Henry appeared before the Council to request that flooded property in the Meadowbrook area be purchased through a flood buyout program. Mayor Spradling announced that an application and buyout plan for submission to the Federal Emergency Management Agency will be considered at the August 7, 1995, regular Council meeting. He further stated that this was for residential property only under FF.MA regulations. Mr. Don Howard appeared before the Council alleging that he is being harassed by the Police Department because he has made nuisance complaints against his neighbor. Police Chief Howard Boyd explained that the Police Department issued Mr. Howard summonses because his neighbor had filed complaints against him. Mayor Spradling explained that the Police Department is obligated to respond to complaints and that both Mr. Howard and his neighbor would have an opportunity to dispute the allegations against one another in court. Ms. Teresa Scheffel, representing Rendrag Development, appeared before the Council to request that BILL NO. 95-168 be declared an emergency tneasure. Mr. Gateley and Mr. Neumeyer presented a plaque to Mayor Spradluig on behalf of the American Queen riverboat. A motion was made by Mr. Gateley and seconded by Mr. Eggimann that three members of the Council be appointed to develop an instrument as well as procedures for evaluationg the City Manager, with the City Manager to share input in the process. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. 1VIr. Gateley, Mr. Neumeyer and Mayor Spradling were appointed to serve on this committee upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The following bills were given second and third readings: BILL NO. 95-143 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OR ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY DESIGNATING THE HUNZE HOUSE, 312 BELLEVUE STREET, CITY AND COL.T?�1TY OF CAPE GIRARDEAU, MISSOURI AS AN °HISTORI� LANDMARK" BILL NO. 95-141 AN ORDINANCE AMENDING T'HE BOUNDARIFS OF TRUNK SEWER DISTRIC'd' NO. 14-1-F, A PART OF TRLTNK SEWER DISTRICT NO. 14-1, AS ESTABL.ISHED BY ORDINANCE NO. 1209, IN THE CITY OF CAPE GIRARDEAU, MISSOURI a�i Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOfI July 24 1 g 95 c_,A�ao BILL NO. 95-142 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-F-4, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1-F, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SANiTARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14-1-F-4, UNDER A PRIVAT'E CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-144 AN ORDINANCE APPROVING THE RECORD PLAT OF HAVEN WOOD SUBDIVISION, A MINOR SUBDIVI5ION BILL NO. 95-147 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM GIBSON RECOVERY CENTER, INC.; PETER J. GORDON AND DEBRA S. GORDON; JACKY W. GRAY, SR.; MICKEY C. HORN AND WANDA L. HORN; 5TEPHEN L. QLTICK; HENRY MORRIS SESSOMS, SR. AND TAMARA KAY BALDWIN SESSOMS; GREGORY ALLEN SPARKMAN AND LISA SPARKMAN; AND CARRIE E. WARFIELD; AND ACCEPTING PERMANENT EASEMENTS FROM HERBERT GLENN FORRESTER, SR. AND ALVINA RUTH FORRESTER; LEROY J. HAHN; CHARLES PHILLIP JESTUS AND MARY ELLA JESTUS; GILBERT E. MARTIN AND PATRICIA SUE MARTIN, BENARD PLUTH AND ANN MARIE PLUTH, JEROME MARTIN AND CATHERINE E. MARTIN, AND CHARLES W. MARTIN; CARL MASTERSON AND BETTY MASTERSON; AND CLARENCE FRED SANDER, JR. TRUSTEE; AND ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM LINDA L. JUDEN; MARY M. LITTI.E; JERRY L. LOMAX; DALE R. SCHUMACHER AND PATRICIA S. SCHUMACHER; JUAIVITA F. SPICER; AND CARL WILSON AND FREDDY WREN FOR THE PHASE I FACILITY PLAN FOR SAIVITARY SEWER IMPROVEMENT PROGRAM BILL NO. 95-153 AN ORDINANCE ACCEPTING A WATER LINE EASEMENT FROM RANDOL FARMS DEVELOPMENT COMPANY, INC. IN SEWER DISTRICT 14-1-D-1, RANDOL FARMS SEVENTH SUBDIVISION BILL NO. 95-150 AN ORDINANCE APPROVING THE RECORD PLAT OF RANDOL FARMS ESTATES, REVISED BILL NO. 95-156 AN ORDINANCE APPROVING THE RECORD PLAT OF ETHERTON SUBDIVISION 2�a Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOfI July 24 19 95 C.tA7d(1 The second and third readings of BILL NOs. 95-143, 95-141, 95-142, 95-144, 95-147, 95-153, 95-150, and 95-156 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, Williamson. Nays, none. BILL NO. 95-143 is ORDINANCE NO. 1744, BILL NO. 95-141 is ORDINANCE NO. 1745, BILL NO. 95-142 is ORDINANCE NO. 1746, BILL NO. 95-144 is ORDINANCE 1747, BILL NO. 95-147 is ORDINANCE NO. 1748, BILL NO. 95-153 is ORDINANCE NO. 1749, BILL NO. 95-150 is ORDINANCE NO. 1750, BILL NO. 95- 156 is ORDINANCE NO. 1751. BILL NO. 95-158 was given first reading as follows: AN ORDINANCE AMENDING ARTICLE XIV OF CHAPTER 15 OF THE CITY CODE RELATING TO CONSTRUCTION TRADES LICENSES A motion was made by Dr. Kasten and seconded by Mr. Neumeyer to approve BILL NO. 95-158. A motion was then by Mr. Eggimann and seconded by Mr. Rickard to table BILL NO. 95-158 until the first Council meeting in November. This motion was approved upon the following roll call vote: Eggimann, Aye; Gateley, Aye; Kasten, Nay; Neumeyer, Nay; Rickard, Aye, Spradling, Nay; Williamson, Aye. BILL NO. 95-160 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121, STOP SIGNS; SCHEDULE H OF SETION 26-126, ELECTRIC SIGNALS; AND SCHEDULE K OF SECTION 26-121, YIELD SIGNS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-160 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. 95-163 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 12-KK-4, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 12KK & 14D, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SY5TEM OF SANITARY LATERAL SEWERS IN LAT'ERAL SEWER DISTRICT NO. 12-KK-4, UNDER A PRIVATE CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-163 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. The improvement plans for street and storm sewer constuction in Melrose Place II Subdivision were approved upon 273 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SeSSIOtI July 24 �g 95 c_�a�en Dr. Kasten's motion, Mr. Eggimarui's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-167 was given first reading as follows: AN ORDINANCE ACCEPTING A WATER LINE EASEMENT FROM LUTHERAN HOME FOR THE AGED A motion was made by Mr. Gateley and seconded by Mr. Eggimann to approve the first reading of BILL NO. 95-167. A motion was made by Mr. Eggimann and seconded by Mr. Williamson to declare BILL NO. 95-167 an emergency measure. This motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The first, second and third readings of BILL NO. 95-167 were approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-167 is ORDINANCE NO. 1752. The water main extension to the Lutheran Home was accepted upon Mr. Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, VVilliamson. Nays, none. BILL NO. 95-164 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY CODE OF ORDINANCES BY ADDING A NEW ARTICLE WHICH IMPOSES A ONE-HALF OF ONE PERCENT TRANSPORTATION SALES TAX AND ESTABLISHING A "CITY TRANSPORTATION TRUST FUND" The first reading of BILL NO. 95-164 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. 95-168 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF MELROSE PLACE II SUBDIVISION A motion was made by Dr. Kasten and seconded by Mr. Williamson to approve the first reading of BILL NO. 95-168. A motion was u�ade by Mr. Eggimann and seconded by Mr. Gateley to declare BILL NO. 95-168 an emergency measure. This motion was approved upon the following vote: Ayes, Eggimami, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The first, second and third readings of BILL NO. 95-168 were approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-168 is ORDINANCE NO. 1753. 274 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S2SSIOCI July 24 1 g 95 C_taonn BILL NO. 95-161 was given first, second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ALDI SUBDIVISION The first, second, and third readings of BILL NO. 95-161 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, Williamson. Nays, none. BILL NO. 95-161 is ORDINANCE NO. 1754. BILL NO. 95-159 was presented as follows: A RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE ENVIRONMENTAL PROTECTION AGENCY, LTIVITED STATES OF AMERICA, FOR A LOAN UNDER THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED, (33 U.S.C. 466, ET SEQ.), AND THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, STATE REVOLVING FUND PROGRAM FOR LOANS UNDER THE MISSOURI CLEAN WATER LAW, SECTION 644, RSMO The reading of BILL NO. 95-159 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. 95-159 is RFSOLUTION NO. 1070. BILL NO. 95-162 was presented as follows: A RESOLUTION DECLARING IT NECESSARY TO IMPROVE THAT PART OF LEXINGTON AVENUE, FROM OLD SPRIGG STREET TO BIG BEND ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 95-162 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. 95-162 is RESOLUTTON NO. 1071. BILL NO. 95-165 was presented as follows: A RESOLUTION ADOP'TING A PROPOSED FIVE-YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 95-165 was approved and the resolution 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. 95-165 is RESOLUTTON NO. 1072. BILL NO. 95-166 was presented as follows: 275 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S2SSIOtI July 24 �g 95 C_1A'Jdll A RESOLUTION ADOPTING POLICIES FOR SPECIAL TAX BILL ASSESSMENTS FOR PROJECTS FUNDED FROM THE CITY TR.ANSPORTATION TRUST FUND The reading of BILL NO. 95-166 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. 95-166 is RFSOLUTION NO. 1073. BILL NO. 95-169 was presented as follows: A RESOLUTION AUTHORIZINC THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT AND IRREVOCABLE LETTER OF CREDIT WITH RENDRAG DEVELOPMENT COPRORATION AND CAPITAL BANK OF CAPE GIRARDEAU COUNTY FOR MELROSE PLACE II SUBDIVISION The reading of BILL NO. 95-169 was appr•oved and the resolution adopted upon Mr. Eggimann's motion, Mr. Gateley's second, avd the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-169 is RESOLUTTON NO. 1074. The following liquor licenses 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: Original Package Liquor, Sunday Sales License for DSW Development Corporation, d/b/a Shell Cape, 3415 William, Robert Drury, Managing Officer Retail Liquor by the Drink License (conditional) for Bachelor/Cape Girardeau L.P., d/b/a Outback Steakhouse, 95 Cape West Parkway, George Russell Beam, Managing Officer Retail Liquor by the Drink, Sunday Sales License (conditional) for Ruby Tuesday, Inc., d/b/a Ruby Tuesday, 3069 William Street, Kevin O'Connell, Managing Officer Temporary Retail Liquor by the Drink License for Southeast Missouri Hospital Foundation, John Stotz, Managing Officer, for an event to be held November 16, 1995, at the Show Me Center, 1333 N. Sprigg Street. BILL NO. 95-170 was given first, second and third readings as follows: AN ORDINANCE ACCEPTING A 20 FOOT SAIVITARY SEWER EASEMENT FROM ROBERT A. DRURY AND ANNA R. DRURY FOR THE RUBY TUESDAY RESTAURANT 276 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOfI July 24 1 g 95 �-+azao The first, second and, third readings of BILL NO. 95-170 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. 95-170 is ORDINANCE NO. 1755. The improvement plans for sanitary sewers for Ruby Tuesday Restaurant were approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Previous to the regular session, the Council convened in executive session for purposes of discussing personnel matters, contract negotiations, and real estate acquisition upon Mr. Eggimann's motion, Mr. Williamson's second, and 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. . Spradling III, a or � . Gayle . Conrad, Deputy City Clerk