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Home My WebLink AboutCouncil.Minutes.08-21-1995.Regular 291 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SeSSIOtI August 21 1 g 95 R_ia�en REGULAR SESSION - AUGUST 21, 1995 Council convened in regular session on Monday, August 21, 1995, at 7:30 p.m. with Mayor A1 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 Melvin Gateley, and the Pledge of Allegiance was recited. Prior to the regular session, Council convened in executive session for purposes of discussing property acquisition upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The minutes of the August 7, 1995, regular and executive sessions, and the August 14, 1995, special session 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 approved 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 presented to John Richbourg a certificate of achievement for excellence in financial reporting from the Governmental Financial Officers Association and commended the staff for their work. Mayor Spradling anr�ounced that Michael G. Miller was selected from five finalists as the new City Manager and will commence his duties on October 16. Mr. Eggimann stated that Mr. Miller is a goal setter who will be involved with all departments. Mr. Gateley commended the city staff and Human Resources Director Dan Ward for working with the council on this selection process. Mr. Felix Kinsley appeared before the Council and stated that the Greyhound bus service has moved to Jackson, and this is hurting many people in the city, especially the students at the university. Mr. Lee Harris appeared in opposition to an application filed with the city for a mobile liome to be placed in the 1100 Ulock of North Frederick. Mr. Neumeyer responded that this matter is before the Planning and Zoning Commission and will be forwarded to the City Council at a future date. Mr. Eggimann questioned what is being done to proceed with street unprovements since the transportation tax was approved. Doug Leslie responded that staff is preparing a request for proposals to select an engineer for the first three major projects, including Perryville Road, Bloomfield Road, and Broadway, and hopefully one project will 292 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ $eSSlOfI August 21 19 95 c,A�aa commence in the 1996 construction season. In response to an inquiry from Mr. Gateley, Kensey Russell stated that Brucher Street is now being surveyed for improvements. The following bills were given second and third readings: BILL NO. 95-171 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO 5TEVEN C. VOLKERDING AND SHEREE' L. VOLKERDING, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A COMPUTERIZED SIGN/ CRAFT BUSINESS (SIMPLY SIGNS) AT 2031 BRINK AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-173 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO BOYDMISSOURI,INC.;DOWNTOWNPARKING,INC.;AND KIDD OIL COMPANY,FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING LAND SIDE SUPPORT FACILITIES AND PARKING FOR AN EXCURSION RIVERBOAT GAMING VESSEL IN DOWNTOWN CAPE GIRARDEAU, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-186 AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 30 OF THE CODE OF ORDINANCE5 RELATING TO HISTORIC PRESERVATION BILL NO. 95-172 AN ORDINANCE REAFFIRNIING THE ACTTON OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, PROVIDING FOR THE PAYMENT OF THE WORK, AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BILLS IN AN AMOUNT NOT TO EXCEED $0.042 PER SQUARE FOOT IN PAYMENT OF THE COST OF SAME ON SEWERS ALONG NORTH KINGSHIGHWAY, LATERAL SEWER DISTRICT NO. 14-1-F-1, WITH THE BALANCE TO BE PAID FROM GENERAL REVENUE FUNDS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-183 AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; L.IBRARY FUND TAX; PUBLIC HEALTH TAX; DEBT SERVICE FUND TAX; SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, 1996 293 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOfI August 21 1995 C_7 A'Jd(1 BILL NO. 95-177 AN ORDINANCE REAFFIRMING ARTICLE IV OF CHAPTER 2 OF THE CODE OF ORDINANCES ENTITLED "CONFLICTS OF INTEREST" . BILL NO. 95-174 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT FROM MIDAMERICA HOTELS CORPORATION FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT BILL NO. 95-175 AN ORDINANCE ACCEPTING A GENERAL WARRANTI' DEED AND A TEMPORARY ACCESS EASEMENT FROM YEWELL KRAUST AND VIRGIE KRAUST FOR THE WASTEWATER TREATMENT PLANT ACCESS PROJECT BILL NO. 95-176 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM ALAN R. WILLIAMS AND JANICE M. WILLIAMS FOR THE CAPE LA CROIX CREEK/ WALKER BRANCH FLOOD CONTROL PROJECT BILL NO. 95-178 AN ORDINANCE ESTABLISHING THE GRADE OF LEXINGTON AVENUE FROM A POINT 338.74 FEET NORTHEASTERLY OF CAPE LACROIX ROAD (STATE ROUTE "W") TO 262.71 FEET WESTERLY OF PROPO5ED FLAD AVENUE, IN T'HE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-179 AN ORDINANCE ESTABLISHING THE GRADE OF LEXINGTON AVENUE FROM 50 FEET WESTERLY OF CAROLINA LANE TO 20.48 FEET WESTERLY OF PERRYVILLE ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-180 AN ORDINANCE ESTABLISHING THE GRADE OF LEXINGTON AVENUE FROM 22.4 FEET EASTERLY OF PERRYVILLE ROAD TO 36.13 FEET WESTERLY OF SHERWOOD DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-181 AN ORDINANCE ESTABLISHING THE GRADE OF LEXINGTON AVENUE FROM 24.2 FEET EASTERLY OF CAPE ROCK DRIVE TO 12.79 FEET WESTERLY OF BIG BEND ROAD (STATE ROUTE 177) IN THE CITY OF CAPE GIRARDEAU, MISSOURI 294 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOCI August 21 19�5._ C_7A7dh BILL NO. 95-182 AN ORDINANCE FSTABLISHING THE GRADE OF SPRIGG 5TREET FROM BERTLING STREET TO 123.10 FEET NORTHERLY OF PROPOSED LEXINGTON AVENUE, IN T'HE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOs. 95-171, 95-173, 95-186, 95-172, 95-183, 95-177, 95-174, 95-175, 95-176, 95-178, 95-179, 95-180, 95-181 and 95-182 were approved and the ordinances 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. 95-171 is ORDINANCE NO. 1760, BILL NO. 95-173 is ORDINANCE NO. 1761, BILL NO. 95-186 is ORDINANCE NO. 1762, BILL NO. 95-172 is ORDINANCE NO. 1763, BILL NO. 95-183 is ORDINANCE NO. 1764, BILL NO. 95-177 is ORDINANCE NO. 1765, BILL NO. 95- 174 is ORDINANCE NO. 1766, BILL NO. 95-175 is ORDINANCE NO. 1767, BILL NO. 95-176 is ORDINANCE NO. 1768, BILL NO. 95-178 is ORDINANCE NO. 1769, BILL NO. 95-179 is ORDINANCE NO. 1770, BILL NO. 95-180 is ORDINANCE NO. 1771, BILL NO. 95-181 is ORDINANCE NO. 1772, BILL NO. 95-1$2 is ORDINANCE NO. 1773. BILL NO. 95-187 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON SOUTH SPRIGG STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-187 was approved upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-198 was given first, second and third readings as follows: AN ORDINANCE AUTHORIZING AN APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FOR RESIDENTIAL ACQUISITION/ PHYSICAL RELOCATION FUNDS UNDER THE HAZARD MITTGATION GRANT PROGRAM FOR THE 1995 FLOOD; ACCEPTING THE TERMS OF THE PROGRAM; AND DESIGNATING AN AUTHORIZED AGENT FOR THE CITY The first, second and third readings of BILL NO. 95-198 were approved and the ordinance 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. 95-198 is ORDINANCE NO. 1774. BILL NO. 95-188 was presented as follows: 295 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOft August 21 �g 95 �-,8 d� A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A CONTRACT WITH HILBERT & ASSOCIATES LAND SURVEYING FOR THE CAPE LA CROIX CREEK/VVALKER BRANCH FLOOD CONTROL PROJECT The reading of BILL NO. 95-188 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. 95-188 is RFSOLUTION NO. 1076. BILL NO. 95-190 was presented as follows: A RESOLUTTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT WITH LAPPE CEMENT FINISHING, INC. AND FRONABARGER CONCRETERS, INC., FOR THE IMPROVEMENT OF LEXINGTON AVENUE ARTERIAL, OLD SPRIGG STREET TO BIG BEND ROAD The reading of BILL NO. 95-190 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasteri, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-190 is RESOLLT'ITON NO. 1077. BILL NO. 95-199 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AUTHORIZATION NO. 2A TO AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR THE POTABLE WATER TREATMENT AND DISTRIBUTION SYSTEM PROJECT The reading of BILL NO. 95-199 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, Williamson. Nays, none. BILL NO. 95-199 is RESOLUTTON NO. 1078. BILL NO. 95-197 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A LICENSE AND INDEMNITY AGREEMENT WITH AMOCO OIL COMPANY FOR PLACING IMPRUVEMENTS ON FARRAR DRIVE Tlle reading of BILL NO. 95-197 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. 95-197 is RFSOLUTION NO. 1079. 296 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOf1 August 21 �9 95 S�A�an A temporary 5% beer by the drink license for Cape Elks Lodge #639 for an event to be held in Arena Park August 26-27, 1995, 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. A 5% beer by the drink license for Annelise & Etienne Restaurant Co. LLC, d/b/a Schlotzsky's Deli, 276 S. Mt. Auburn Rd., Timothy Goodman, Managing Officer, was approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The improvements/sewer relocations at Kingsway Drive and Joanne Street for the Walker Branch III, Corps Flood Project, in trunk sewer district 12-B and lateral district 12-B-1 were accepted; and payment to Monroe Plumbing & Heating Co., Inc. was authorized upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The improvement plans for Red Oak Estates Subdivision were approved upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. A 5% beer by the drink license for the Semo District Fair Association for an event to be held in Arena Park (Stands 1, 2, 3 and 4) September 10 to September 16, 1995, was approved upon Mr. Eggimann's motion, Mr. Neumeyer'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. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. A. . Spradling III ayor .,i , �� , ��r ';� ';;�� Gayle L. Conrad, Deputy City Clerk