HomeMy WebLinkAboutCouncil.Minutes.07-24-1995.Regular 269
Proceedings of the City Councii, City of Cape Girardeau, Mo.
Regular _ SeSS1011 Jul� 24 19 ��
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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.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
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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
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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
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Regular _ S@SSIOfI July 24 19 95
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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
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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.
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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:
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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
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Regular _ S@SSIOfI July 24 1 g 95
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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
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Gayle . Conrad, Deputy City Clerk