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Home My WebLink AboutCouncil.Minutes.10-16-1995.Regular 331 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular S2SSIOf1 October 16 1 g 95 S-�A�nn REGULAR 5ESSION - OCTOBER 16, 1995 Council convened in regular session on Monday, October 16, 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 Dr. Larry Gallamore, Pastor, Grace United Methodist Church, and the Pledge of Allegiance was recited. Prior to the regular session, Council convened in executive session for purpose of discussing property acquisition upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. � T'he minutes of the October 2, 1995, regular and executive sessions were approved upon Dr. Kasten's motion, Mr. Williamsvn's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamsor.. Nays, none. The agenda was adopted as distributed upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mayor Spradling introduced, Michael G. Miller, the new City Manager, and welcomed hun to Cape Girardeau. T'he Mayor then presented a Certificate of Appreciation to Doug Leslie for serving as Interim City Manager Mr. Abe Bowers, a student at Southeast Missouri State University, inquired about logs that were being transported down the Mississippi River and stored in the city. The Mayor suggested he contact the Semo Regional Port Authority. Mr. Rick Blattner appeared and discussed water line issues, especially as they relate to Red Oak Estates Subdivision. He questioned who is responsible for paying for upgrades and replacements of water lines and why the city does not have an ordinance regarding this. Mr. Kensey Russell stated it is the policy of the city for developers to pay the cost of a water line that is of adequate size to supply sufficient water for fire flow to the development. Mayor Spradling welcomed students from a Notre Dame High School Civics Class. Regarding the public access channel, Mr. Gateley made a motion, seconded by Mr. Eggunann, directing staff to prepare a resolution for the November 6 City Council agenda that outlines the information in Council Memoranduin No. 103 distributed to the Council. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. I�ays, none. 332 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOfI October 16 19 �� S-t si�dn Mr. Eggimann thanked the Public Works Department and others responsible for distributing the compost bins to the public, stating tlus was a good program and hoped it could be continued in the future. The following bills were given second and third readings: BILL NO. 95-225 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SAINT FRANCIS MEDICAL CENTER FOR PURPOSES OF CONSTRUCTING, MAINTAIrTING AND OPERATING PARKING SPACES SMALLER THAN THE MINIMUM REQUIRED SIZE IN A PARKING GARAGE AT 211 ST. FRANCIS DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-226 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DAVID O. PATRICK TRUST FOR PURPOSES OF ASSEMBLING COMPUTER CABLES AT 1809 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-227 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CABLE COMMiJNICATIONS FRANCHISE AGR:EIIVIENT WITH TCI CABL�VISION OF MISSOURI, INC. BILL NO. 95-229 AN ORDINANCE�MENDING 5CHEDiJLE F OF SECTTON 26- 247 OF THE CITY CODE ESTABLISHING NO PARKING ON WHITENER STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-233 AN ORDINANCE FNACTING A NEW SECTION 16-33 OF THE CTTY CODE RELATING TO MOTORCYCLE SAFETY TRUST FUND BILL NO. 95-234 AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO PASSENGER RESTRAINT SYSTEM FOR CHILDREN BILL NO. 95-235 AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE RELATING TO HINDERING PROSECUTION BILL NO. 95-236 AN ORDINANCE AMENDINCp CHAPTER 17 OF THE CI� CODE RELATING TO RESISTING OR INTERFERING WITH ARREST 333 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S2SSIOf1 October 16 19 95 S-i a�en BILL NO. 95-237 AN ORDINANCE AMENDING SECTION 16-27 OF THE CITY CODE RELATING TO MLTIVICIPAL COURT COSTS BILL NO. 95-239 AN ORDINANCE ENACTING A NEW SECTION 22-92 OF THE CITY CODE RELATING TO CONTROL OF RUNOFF WATER BILL NO. 95-240 AN ORDINANCE ENACTING A NEW SECTTON 22-93 OF THE CITY CODE RELATTNG TO REMOVAL OF MUD AND DIRT FROM PUBLIC STREETS BILL NO. 95-241 AN ORDINANCE AMENDING SECTIUN 4-2(A) OF THE CITY CODE RELATING TO RESIDENCE REQUIREMENTS FOR THE CAPE GIRARDEAU AIRPORT BOARD BILL NO. 95-242 AN ORDINANCE RELATING TO RFSIDENCY REQUIREMENTS FOR VARIOUS CITY ADVISORY BOARDS AND COMMISSIONS BILL NO. 95-245 AN ORDINANCE ACCEPTTNG A SPECIAL WARRANTY DEED FROM YEWELL AND VIRGIE KRAUST FOR SOLID WASTE EQUIPMENT STORAGE BILL NO. 95-246 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM RUBY B. rIISWONGER; ACCEPTING GENERAL WARRANTY DEEDS AND TEMPORARY CONSTRUCTION EASEMENTS FROM CLARENCE A. LOHMANN AND VERA A. LOHMANN; ACCEPTTNG PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM RICHARD M. HAGEDORN AND DORIS L. HAGEDORN; AND RAYMOND B. HLTNZE, CHARLFS L. HLTNZE AND EDNA H. HUNZE; ACCEPTING A SPECIAL WARRANTY DEED AND A QUIT CLAIlVI DEED FROM CHARLES A. JLTDEN, JR; AND ACCEPTING A QUIT CLAIM DEED FROM PETER E. COOPER FOR THE SOUTH SPRIGG STREET ELEVATION PROJECT BILL NO. 95-247 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM DOLLY M. FARRAR AND SHIRLEY L. SLAUGHTER FOR TI�WASTEWATER TREATMENT PLANT ACCESS PROJECT The second and third readings of BILL NOs. 95-225, 95-226, 95-227, 95-229, 95-233, � 95-234, 95-235, 95-236, 95-237, 95-239, 95-240, 95-241, 95-242, 95-245, 95-246 and 95-247 were approved and the ordinances adopted upon Mr. Gateley's motion, Dr. Kasten's second; and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, 334 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOfI October 16 1 J �� _ c-ia�en Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-225 is ORDINANCE NO. 1798; BILL NO. 95-226 is ORDINANCE NO. 1799; BIL.L NO. 95-227 is ORDINANCE NO. 1800; BILL NO. 95-229 is ORDINANCE NO. 1801; BILL NO. 95-233 is ORDINANCE NO. 1802; BILL NO. 95-234 is ORDINANCE NO. 1803; BILL NO. 95- 235 is ORDINANCE NO. 1804; BILL NO. 95-236 is ORDINANCE NO. 1805; BILL NO. 95-237 is ORDINANCE NO. 1806; BILL NO. 95-239 is ORDINANCE NO. 1807; BILL NO. 95-240 is ORDINANCE NO. 1808; BILL NO. 95-241 is ORDINANCE NO. 1809; BILL NO. 95-242 is ORDINANCE NO. 1810; BILL NO. 95-245 is ORDINANCE NO. 1811; BILL NO. 95-246 is ORDINANCE NO. 1812; BILL NO. 95-247 is ORDINANCE NO. 1 S 13. BILL NO. 95-251 was given first reading as follows: AN ORDINANCE AMENDING 5CHEDULE F OF SECTION 26-247 OF THE CITY CODE FSTABLISHING NO PARKING ON KELL FARM DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-251 was approved upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-252 was given first reading as follows: AN ORDINANCE ACEEPTING A PERS�IANENT EASII�IENT AND A TEMPORARY CON5TRUCTION EASEMENT FROM 1vIP KELLEY EQUIPMENT COMPANY, INC.; ACCEPTING A TIIV�ORARY CONSTRUCTION EASEMENT FROM EVA F. HINZE; AND ACCEPTING A QUIT CLAIM DEED FROM BILL KITCHEN FOR THE SOUTH SPRIGG STREET ELEVATION PROJECT The first reading of BILL NO. 95-252 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. 95-256 was given first reading as follows: AN ORDINANCE ACCEPTING A GRNRRAi.W�'TY DEED FROM STEPHEN E. STROM AND PATRICIA F. STROM, CO-TRUSTEES, FOR A PORTTON OF NORTHFIELD SEVENTEENTH SUBDIVISION SAIVITARY SEWERS The first reading of BILL NO. 95-256 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. 95-224 was given first reading as follows: 335 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOfI October 16 1 g 95 S.ia�en AN ORDINANCE AMENDING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-R-2, A PART OF LATERAL SEWER DISTRICT NO. 14-R, AS FSTABLISHED BY ORDINANCE NO. 1541, IN THE CIT'Y OF CAPE GIRARDEAU, MIS50URI The first reading of BILL NO. 95-224 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. 95-257 was given first, second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF NORTHFIELD SEVENTEENTH SUBDIVISION The first, second and third readings of BILL NO. 95-257 were approved and the ordinance adopted upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-257 is ORDINANCE NO. 1814. The street and sanitary sewer improvements as shown on the plans approved for Northfield Seventeenth Subdivision, storm sewers in the street right-of-way and water improvements for Northfield Seventeenth Subdivision were accepted upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-254 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECU'Y'E AN ESCROW AGREEMENT AND IRREVOCABLE LETTER OF CREDIT WITH SIX- THII2TY, INC. AND CAPITAL BANK OF CAPE GIRARDEAU COLTNTY FOR SIX- THIRTY SECOND SUBDIVISION The reading of BILL NO. 95-254 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. 95-254 is RFSOLUTTON NO. 1099. BILL NO. 95-253 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF SIX THIRTY SECOND 5UBDIVISION The first reading of BILL NO. 95-253 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. 336 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOfI October 16 19 95 S-ia�an BILL NO. 95-260 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM DONALD J. BERG; CAPE GIRARDEAU PROPERTIES, L.P.; FREDERICK T'YRE ENDEAN AND DIANE MARIE ENDEAN; BRENT A. KING AND BARBARA A. KING; DANA MYER; ANN W. RITTER, TRUSTEE; DOROTHY M. SIGMUND, TRUSTEE AND CATHERINE BRAUN JORDAN AND WILLIAM C. JORDAN; CHARLEY WILLIAMS; AND OSIE WILLIAMS AND COItNILUS WILLIAMS; AND ACCEPTTNG PERMANENT EASIIVIENTS FROM COMMLT1vITY SWEAT EQUITY HOU5ING CORPORATTON; THE FIItST BAPTIST CHURCH OF CAPE GIRARDEAU; ROBERT E. GIPSON AND � GENNICE GIPSON; AND RUBY H. STATLER, BETTY A. HOFFNER AND GEORGE HOFFNER; AND ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM SOCIETY F012 T�IE PROPAGATION OF FAITH; LEO WENE AND CLEO WENE; AND DEBBIE L. WRIGHT FOR THE PHASE I FACILITY PLAN FOR SANITARY SEWER IMPROVEMENT PROGRAM The first reading of BILL NO. 95-260 was approved upon Mr. Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-261 was given first reading as follows: AN ORDINANCE ACCEPTING QUIT CLAIM DEEDS FROM KEITH W. BOELLER AND MARY A. BOELL.ER; DFIVIS DOBSON; GLENN L. GOLIKE AND SUSAN D. GOLIKE; JAMES W. LEWIS AND LAURA C. LEWIS; ROBERT E. VOGEISANG AND MARY A. VOGELSANG; ROBER'T A. VVERNER AND DORA MAY WERNER; AND WALKER A. WYNKPOOP AND YOSHII�O SATO FOR PEBBLE L,ANE IN TWIN LAKES SUBDIVISION IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-261 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. 95-262 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CAPE RIVER GRAIN COMPANY, INC.; ACCEPTTNG GENERAL WARRANTY DEEDS AND PERMANENT EASEMENTS FRONd DUMEY EXCAVATION, INC. AND BRENDA KAY CONSTRUCTION, INC.; AND NIF KELLY EQUIPMENT COMPANY, INC.; AND ACCEPTING A PERMANENT EASEMENT FROM 5EM0 PORT RAII.ROAD, INC. FOR TI�WASTEWATER TREATMENT PLANT ACCESS PROJECT 337 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOtI October 16 19 �� 523787 The first reading of BILL NO, 95-262 was approved upon Mr. Gateley`s motion, 1VIre Neumeyer's second, and the following voteo Ayes, Eggunann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. ` � BILL NO. 95-255 was presented as follows: A RESOLUTION AUTHORIZIIVG 1'HE CITY MANAGER TO EXECUTE i AMENDMENT 1 TO AN AGREIIVIENT WITI� SEBEK, ALBERSON & ASSOCIATES FOR SHAWNEE PARK AND OSAGE PARK IMPROVEMENTS I The reading of BILL NOD 95-255 was approved and the resolution adopted upon Mr, Eggimann`s motion, Dr, Kasten°s second, �nd the following vote: Ayes, Eggunann, Gateley, Kasten, 1�Teumeyer, Rickard, Spradling, Williamson. Nays, none. BILI.IVO. 95-255 is RFSOLUTTON NO. 1100, BILL NO. 95-258 was presented as followse A RESOLUTION AUTHORIZING '1�iE CITY MANAGER TO EXECUTE AN AGREEMBNT WITH INSITUFORM MISSOURI, INC. FOR SEWER LINE RECONSTRUCTION ON ALBERT RASCHE STREET The reading of BILL NO. 95-258 �vas approved and the resolution adopted upon Mr. Williamson's motion, Dr. Kasten°s second, and the following vote: Ayes, Eggunann, . Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-258 is RFSOLLTITON NO. 11010 BILL NO, 95-259 was presented as followse A RESOLUTION AUTHORIZING THE CITY MANAGER TO P.XECUTE AN AGREEMENT WITH INSITUFORII�I MISSOURI, FOR SEWEIt LINE RECONSTRUCTTON AT THE MAIN AND MILL �TREETS INTERSECTION The reading of BILL NO. 95-259 was approved and the resolution adopted upon Mr, Gateley's motion, Mr. Williamson°s second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Rickardy Spradling, Williamson. Nays, none. BILL NO, 95-259 is RFSOLUTTON NO. 1102. BILL NO. 95-263 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CONTROL LINE, INC. FOR RUNWAY AND TAXIWAY REMARKING AT THE CAPE GIRARDEAU REGIONAL AIRPORT 338 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSl011 October 16 1 g 95 S23787 T'he reading of BILL NO, 95-263 was approved and the a�esolution adopted upon Mr. Gateley's motion, Mre Eggunann's second, and the following vote: .�yes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, DVilliamson. Nays, none. BILL NO. 95-263 is RESOL�JTION NO. 1103. � i Mr. Charles Haubold and 1VIr. Harry Rediger were appointed to the Planrung and ZoTung Commission for terms expuYng November 1, 19999 upon Mr. Neumeyer's motion, Dra Kasten's second and the following votee Ayes, Eggunann, Gateley, Kasten, 1Veumeyer9 Rickard, Spradling, Williamsone Nays, non�e Mr. Jay Knudtson, Mr. David Goncher and 1V�re Jun Carebing were appointed to the Parks and Recreadon Advisory Board for terms expiring October 29, 1998, upon 1VIr, Gateley's motion, 1VIr. Neumeyer`s second, and the following vote: Ayes, Eggimann, Gateley9 Kasten, Neumeyer, Rickard, Spradling, Williamsorr. Nays, noneo The improvements at the wastewater treatment plant, consisting of the construction of a lime treatment system, was approved, and final payment to Robinson Construction Co., Inc. was authorized upon Dr. Kasten`s motion, Mr. Williamson's second, and the following vote; Ayes, Eggunann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamsono IVays, none. � The unprovement plans for a sanitary sewer extension to serve 630 Industrial Parlc, lying between PapYaa°Street and South Sprigg Street, were approvecl upon Mr, (sateley"s anotion, Mr, Williamson`s second, and the following voteo Ayes, Eggunann, (aateley, Kasten9 1Veumeyer, flt�ckard, Spradling, Williamson. Nays, nonee � i The improvement plans for a sanitary sewer extension to serve lots l, 2, 11 and 12 of Hanover Estates Subdivision were appmved upon 1VIr. Eggimann°s motion, Dr. Kasten°s second, ar�d the following vote: Ayes, Eggamann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILI.,NO, 95-264 was presented as followso A RE50LUTION A�J'THORIZING 1'HE CIT'Iy MArTAGER TO EXEC�JTE AI�T �4IRPORT AII) AGREEMENT �'T�-Y THE MISSOURI HIGHWAY ANi� TRANSPORTATIOIV COMNIISSIOI�T FO1Z IIVIPROVEMENTS AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 95-264 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, Williamsot�. Nays, none. BILL NOe 95-264 is RFSOLUTION NO. 1104, ' 339 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular SeSSIOCI October 16 1 g 95 S-ia�en T'here being no further business, the Council adjourned upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. � . M. Spradling III, or ;� � , , � Gayle � Conrad, Deputy City Clerk 340 Proceedings of the City Council, City of Cape Girardeau, Mo. 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