HomeMy WebLinkAboutCouncil.Minutes.12-18-1995.Regular 379
Proceedings of the City Council, City of Cape Girardeau, Mo.
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REGULAR SESSION- DECEMBER 18, 1995
Council convened in regular session on Monday, December 18, 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 J.d. Williamson present.
The invocation was presented by Rev. David Allen, St. James AME Church, and the Pledge of
Allegiance was recited.
Prior to the regular session, Council convened in executive session for purposes of discussing contract
negotiation and land acquisition upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following
vote: Ayes, Eggimann, Gateley, Kasten, Neume�er, Rickard, Spradling, Williamson, Nays, nan�.
Dr. Kasten made a motion, seconded b� Mr. Williamson, to approve the minutes of the Decembza�
4, 1995, regular and executive sessions. Mayor Spradling made a motion, seconded by Ivtr.
Eggimann, that the minutes be amended by reversing the aye and nay votes on the amending motion
regarding Bill IVo. 95-306. The amending motion was approved upon the following dotee Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, non�. T'he origina➢
motion was approved as amended upon the following vote: Ayes, Eggimann, Gatele�9 Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
'The agenda was adopted as distributed upon Mr. Gateley's moUon, Mr. Eggimann's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
Dr. Michael Aide, Professor of Agriculture/Geosciences at Southeast Missouri State University, and
his graduate students presented research concerning heavy metal disposition in three sites on the
Mississippi River plain. All metals they tested for were found to be in normal concentrations. Mr.
Gateley questioned if inetal concentrations increase, would this be detected in the water. Public
Works Director poug Leslie responded that the Water Division presently tests for these rnetals.
Mr. Harvey Henry appeared to speak regarding the flood buyout program in the Red Star and
Smelterville areas. He stated he appeared at the December 4 City Council meeting but part of the
agenda was omitted, and some of the residents from Meadowbrook are at the meeting again to speak
on the issue. He stated that Meadowbrook was apparently included in the flood buyout request to
SEMA but was omitted from the applicatio� to FEMA because there were not enough flood damage
claims. In Smelterville 11 properties were appraised at a total value of$132,000, and one person
owns six of these properties. He further expressed concerns regarding the buyout program. Mre
Gateley suggested that City Manager Mike Miller set up a meeting with Mr. Henry to review
information on the buyout program.
Mr. Steve Crisriansen, an attorney with the Finch Law Firm, appeared in support of and to answer
any questions regarding approval of the preliminary plat of Ashland Court Subdivision.
Mr. Henry Buchheit, 516 South Sprigg, appeared in opposition to Bill No. 95-301 establishing no
parking on South Sprigg. The property owners in the 500 block of South Sprigg presented a petition
request�ng that on sueet parking be granted until such time as the old Mississippi River bridge is
closed. He presented pictures of the area and expressed concerns with tra�c problems in the area,
including the speed of traffic. After discussion, Police Chief Howard Boyd and City Engineer Kensey
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Russell were directed to look into the situation and report back to the Council at the January 8
meeting.
Mr. Eugene Farr,534 South Sprigg, also appeared in opposition to establishing no parking in the 500
block of South Sprigg.
Mr. Gateley commended the Convention and Visitors Bureau on the Tour of Lights.
Upon questioning by Mr. Eggimann, Public Awareness Coordinator Sherri Finley announced that
should be leaving her position in mid-January.
BILL NO. 95-301 was given second and third readings 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
Mr. Gateley made a motion, seconded by Mr. Eggimann, to table approval of BILL NO. 95-301 and
requested further information regardiag vaffic patterns in this area and the status of the new
Mississippi River bridge. The motion was approved upon the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The following bills were given second and third readingso
BILL NO. 95-292 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH
KEVIN A. GOVERO AND DEBRA K. GOVERO TO PLACE A
TEMPORARY GRAVEL STREET ON DIXIE BOULEVARD RIGHT-OF-
WAY
BILL NO. 95-302 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RED OAK
ESTATES, L.C. FOR PURPOSES OF CONSTRUCTING,
MAINTAINING AND OPERATING A MODEL HOME AS A SALES
OFFICE WITH OFF STREET PARHING AT 1005 EMILY COURT, IN
THE CITY AND COUNTY OF CAPE GIRARDEAiJ, MISSOURI
BILL NO. 95-303 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO EAST
MISSOURI ACTION AGENCY FACILITIES, INC., FOR PURPOSES OF
MAINTAINING AND OPERATING COMMUNITY ACTION
PROGRAMS AT 1111 LINDEN, W THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
BILL NO. 95-304 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF
THE CITY CODE, ESTABLISHING NO PARKING ON CARUTHERS
AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 95-305 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF
THE CITY CODE, BY PLACING A STOP SIGN ON WHITENER
STREET AT CARUTHERS AVENUE, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
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BILL NO. 95-306 AN ORDINANCE AMENDING CHAPTER 29 OF THE CITY CODE
RELATING TO WATElZ AND SEWERS
The second and third readings of BILL NOs. 95-292, 95-302, 95-303, 95-304, 95-305 and 95-30fi
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. 95-292 is ORDINANCE NO. 1839; BILL NO. 95-302 is ORDINANCE NO,
1840; BILL NO. 95-303 is ORDINANCE NO. 1841; BILL NO. 95-304 is ORDINANCE NO. 1842;
BILL NO. 95-305 is ORDINANCE NO� 1843; BILL NO. 95-306 is ORDINANCE NO. 1844,
BILL NO. 95-313 was given first reading as follows:
AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS FROM WILLIAM H. BRINKOPF AND RAMONA L.
BRINKOPF; CAPE REALTY INVESTMENT CORPORATION; DENNIS DOBSON; RICHARD
HAVINS AND VIRGINIA HAVINS; JAMES W. LEWIS AND LAURA CREWS LEWIS;
HALLETT W. MAJORS AND BONNIE S. MAJORS; LARRY G. McELROY AND REGINA B.
McELROY; MICHAEL K. McLAUGHLIN AND MADELEN J. McLAUGHLIN; EUGENE F.
MECUM AND DOROTHY M. MECUM; RAY MILLER AND VIRGINIA MILLER; DIX R.
MORGAN AND JACKIE V. MORGAN; GARY D. PENNINGTON; EDWARD T. RINDA AND
TONYA B. RINDA; CARL J. SHAW AND CAROL J. SHAW; WALTER T. SIEBERG; FRED
STEPPER AND MADGENA I. STEPPER; GERALD R. TAYLOR AND LYNNE D. TAYLOR;
ROBERT E. VOGELSANG AND MARY A. VOGELSANG; AND ROBERT A. WERNER AND
DORA MAY WERNER FOR THE TV1�iN LAKES SUBDIVISION SANITARY SEWER PROJECT
The first reading of BILL NO. 95-313 was approved 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. 95-318 was given first reading as follows;
AN ORDINANCE AMENDING CHAPTER 4 OF THE CITY CODE RELATING TO THE CAPE
GIRARDEAU AIRPORT BOARD
The first reading of BILL NO. 95-318 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. 95-319 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY CODE RELATING TO THE
CONVENTION AND ViSITORS ADVISORY BOARD
The first reading of BILL NO. 95-319 was approved upon Mr. Gateley's motion, 1VIr. Eggimann°s
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 95-320 was given first reading as follows:
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AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO THE CAPE
GIRARDEAU HISTORIC PRESERVATION COMMISSION
The first reading of BILL NO. 95-320 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.
BILL NO. 95-321 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO THE
PLANNING AND ZOIVING COMMISSION
'The first reading of BILL NO. 95-321 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. 95-322 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 18 OF THE CITY CODE RELATING TO THE PARK
AND RECREATION ADVISORY BOARD
The first reading of BILL NO. 95-322 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. 95-323 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER IS OF THE CITY CODE RELATING TO THE
BOARD OF EXAMINERS
'The first reading of BILL NO. 95-323 was approved upon Mr. Gateley's motion, Mr. Williamson's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 95-324 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY CODE RELATING TO THE
BOARD OF APPEALS
The first reading of BILL NO. 95-324 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. 95-326 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 18 OF THE CITY CODE RELATIN(� TO THE CAPE
JAYCEE MUNICIPAL GOLF COURSE ADVISORY BOARD
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The first reading of BILL NO. 95-326 was approved upon Mr. Williamson°s motion, 1VIr. Eggimann"s
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 95-278 was given first reading as follows:
AN ORDINANCE AMENDING ARTICLE XIV OF CHAPTER 15 OF THE CITY CODE
RELATING TO CONSTRUCTION TRADES LICENSES
Mr. Gateley made a motion, seconded by Mr. Neume�er, to table the first reading of BILL NO. 95-
278. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten,
1Veumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-312 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRAC'T
FOR GRANT ADMINISTRATION SERVICES FOR A FLOOD BUYOUT AND RELOCATION
ASSISTANCE PROGRAM
The reading of BILL NO. 95-312 was approved and the resolut►on 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. 95-312 is RESOLUTIOIV NO. 1126.
BILL NO. 95-314 was presented as follows:
AN AMENDED RESOLUTION ADOPTING POLICIES FOR SPECIAL TAX BILL
ASSESSMENTS FOR PROJECTS FUNDED FROM THE CITY TRANSPORTATION TRUST
FUND
The reading of BILL NO. 95-314 was approved and the resolution adopted upon Mr. Gateley's
motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-314 is RESOLUTION NO.
1127.
BILL NO. 95-315 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH J. W. STRACK CONSTRUCTION FOR THE INDEPENDENCE STREET RIGHT TURN
LANE AND THE GREENBRIER STREET COIVNECTION IMPROVEMENTS
The reading of BILL NO. 95-315 was approved and the resolurion adopted 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. 95-315 is RESOLUTION NO.
1128.
BILL NO. 95-316 was presented as follows:
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A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,
CONTINGENT UPON APPROVAL BY THE DEPARTMENT OF NATURAL RESOURCESy
WITH ROBINSON CONSTRUCTION COMPANY FOR THE SRF PHASE I IMPROVEMENTS,
WALNUT/HENDERSON CSO SEWER PROJECT
The reading of BILL NO. 95-316 was approved and the resolution adopted upon Mr. Neumeyer's
mobon, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-316 is RESOLUTION NO. I 129.
BILL NO. 95-317 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,
CONTINGENT UPON APPROVAL BY THE DEPARTMENT OF NATURAL RESOURCES,
WITH ROBINSON CONSTRUCTION COMPANY FOR THE SRF PHASE I IMPROVEMENTS,
HENDERSON TRUNK SEWER
The reading of BILL NO. 95-317 was approved and the resolution adopted upon Mr. Eggimann's
morion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-317 is RESOLUTION IVO. 1130.
BILL NO. 95-325 was presented as follows:
A RESOLUTION STATING THE INVESTMENT POLICY OF THE CITY OF CAPE
GIRARDEAU, MISSOURI
The reading of BILL NO. 95-325 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. 95-325 is RESOLUTION IVO. 1131.
Mr. Dennis "Doc" Cain was appointed to the Convention and Visitors Advisory Board for a term
expiring January 1, 1999, upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following
vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Mr. Allan Bornstein, Ms. Mary Spell, Ms. Wanda Conrad, and Ms. Kathy Swan were appointed to
the Vision 2000 Community Relations Council for terms expiring December 31, 1998, upon Dr.
Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Mr. Ken Inm�n was appointed to the Board of Examiners and Dr. Shanon Kirchhoff was appointed
as an alternate to the Board of Examiners for terms expiring January l, 1999, upon Dr. Kasten's
motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Mr. Farris Nabors was appointed as an alternate to the Board of Appeals for a term expiring
September 4, 2000, upon Mr. Crateley's motion, Dr. Kasten's second, and the following vote: flyes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, i�Villiamson. Nays, none,
Mr. Mark Stuart was appointed as an alternate to the Board of Adjustment for a term expiring
September 4, 2000, upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: -
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
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Mr. Tom Neumeyer was appointeci to the Cape Girardeau Parks Development Foundation for a term
expiring December 31, 1996, upon Dr. Kasten's motion, Mr. Eggimann's motion, and the following
vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
A temporary 5 percent beer by the drink license for the Cape Elks Lodge #639 for an event to be held
at the Arena Building on January 6, 1996, was approved upon Mr. Neumeyer°s motion, Mr.
Williamson's second,and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard,
Spradling, Williamson. Nays, none.
Mr. Gateley made a motion, seconded by Mr. Williamson to reconsider a proposed amendment eo
Charter Section 10.1 entitled "Objects of Licensing, Taxation, and Regulation". The motion was
approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, RickarcY,
Spradling, Williamson. Nays, none. After discussion, Mr. Neumeyer made a motion, seconded by
Mr. Williamson, that this proposed amendment not be placed on the April 2, 1996, general election
ballot. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Mr. Gateley made a motion, seconded by Mr. Williamson to reconsider a proposed amendment to
Charter Section 9.01 entifled"Granting of Franchises ". The motion was approved upon the following
vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
After discussion, Mr. Neumeyer made a motion, seconded by Mr. Williamson, that t�e words "cable
television operators" not be included in proposed amendment. 'The motion was approved upon the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
The Mayor announced that a letter was received from Harold and Yvonne Werner requesting to
withdraw the rezoning request at 2011-2019 Perryville Road from R-1, single family residential
district, to G1, local commercial district, and the special use permit request for an automatic and self-
service car wash.
Mayor Spradling wished everyone a Happy Holiday season.
There 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,
�
A. M. Spradling III, Mayo
J �_
Gayle . Conrad, Deputy City Clerk
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