The LaGrange City Council met in session on Monday evening, July 10, 2000 at 7:20 p.m., with Mayor Harold L. Ludwig presiding and the following Council members present: Lowe, Martin, Sherwood, Wiewel and Rossiter. Griesbaum was absent from this meeting.

*Copies of the minutes from the June 13, 2000 meeting were given to the Council. Mayor Ludwig asked for additions or corrections. Martin motioned to accept the minutes. Lowe second the motion. Motion carried all five yes.

*Copies of the minutes from the June 19, 2000 committee meeting were given to the Council. Mayor Ludwig asked for any additions or corrections. Sherwood motioned to accept the minutes. Rossiter second the motion. Motion carried all five yes.

*Copies of the minutes from the June 28, 2000 special meeting were given to the Council. Mayor Ludwig asked for any additions or corrections. Wiewel motioned to accept the minutes. Sherwood second the motion. Motion carried all five yes.

*A listing of bills were given to the Council. Mayor Ludwig asked if there was any questions or comments. Lowe motioned to pay the bills submitted. Martin second the motion. Motion carried all five yes.

*Copies of the Treasurer Report were given to the Council. Mayor Ludwig, asked for questions or comments. Wiewel motioned to accept the treasurer report. Sherwood second the motion. Motion carried with four yes. Rossiter was not present for the vote due to having to leave the room.

*Visitors: Larry Seckington and John Morthland, the Attorneys representing Mark Twain Gaming, and owner Bill Grace was present and Mayor Ludwig turned the floor over to Seckington. Seckington stated that they had received a closure letter from the Dept of Natural Resources regarding the soil, and a clearance letter regarding their finances from the Missouri Gaming Commission. Seckington stated on the 18th or 19th of this month they should complete the signing of documents regarding their loan with Miller & Schroeder Investment Corporation.

 

Seckington stated they did have one more additional document they were asking to be signed from their lender. Seckington stated he would turn the floor over to the City Attorney Russell Kruse. Kruse stated he had received the form called Consent, Non-Disturbance and Attornement Agreement. This form would add a third party to be notified if there was a problem regarding any leases. It also would make it harder for the City to get out of an agreement with the Casino. Another problem would be for City hail having to keep track of interested parties to whom, if any should Miller & Schroeder sell off any interest. According to Seckington, Miller & Schroeder was going to sell some interest, but they would be the only agency that would have to be notified if there was a problem. John Morthland stated the same form has been given to Dennis Smith the Attorney for the LRO and Susan Dean is going to be signing this agreement tomorrow. Morthland stated more goes on, on a project like this then the general public usually sees. There is a lot of paper work involved in the ground work of getting a Casino up and going. Most of all the titles and properties have been clear and the title insurance is almost completed. Sherwood asked if this form would cause future problems regarding property. City Attorney Kruse stated no this formal agreement applies to the property purchased or leased by Mark Twain Casino. Mayor Ludwig asked for a motion from the floor allowing him to sign the agreement on behalf of the City. Or did the Council have any further questions regarding the agreement. Lowe stated the City Attorney has had more time with this form and would like to get his opinion. Kruse stated it was a standard form from a lending agency. This form gives the lending agency more control regarding the property should Mark Twain Casino get into trouble. Sherwood asked if this would cause any restrictions. Kruse stated no this agreement follows the lease between the City and Mark Twain Casino. Martin motioned to allow Mayor Ludwig sign the agreement on behalf of the City. Lowe second the motion. Motion carried with the following roll call vote. Wiewel Yes, Martin Yes, Sherwood Yes, Rossiter Yes and Lowe Yes. Seckington thanked the Council for their time and stated he would turn the floor over to Bill Grace. Grace stated he understands the frustration of not getting started on the Casino. But the work that proceeds them starting on getting the property, design, loans, engineering and approval of the above mention items, is not like trying to build a garage. Grace stated they don’t even have the barge design yet. There is a firm in Quincy and two other working on the design of the barge and he has no cost to show as yet just for this. Once he gets the designs they have to be approved by ABS out of Houston. If anyone should be frustrated it should be him to have a million and a half dollars invested in a project and it’s not even under way. Grace stated he had to pacify a hell of a lot of people before starting. Grace also stated he had been talking with a contractor, but he would not release the name. After the final signing of their loan at that time he would announce the Contractor and hopefully be under construction within two weeks. Mayor Ludwig stated he being a contractor, he can understand some of Grace’s problems, but at the Gaming Commission hearing it was stated the project would be under way by May first. May first came and went with nothing happening. At the May eighth Council meeting the Council was told construction would start June first. June first came and went. At the June twelfth Council meeting the Council was told construction would start July first. Now that date has came and gone and nothing is happening. Mayor Ludwig stated with all of the false start dates, it makes himself and the Council look stupid. Mayor Ludwig stated another concern he had was a statement you (Grace) had made. Was after going through two construction season with another project, you would never do it again. Grace stated he also would not start a job before signing a loan agreement, nor start a project until he knew the cost of the project. But as it is he will have to start this project without the total cost in hand. Mayor Ludwig stated with the new proposed time frame, the work would have to be done very quickly without running into two seasons. Grace stated it should not run into two season, because he plans on moving very quickly.

Mayor Ludwig stated he-had been in contact with the person mowing the property and he was told a letter was sent stating that he did not have to mow any more. Grace stated yes a letter was

sent, because he could not see dumping 6’ of dirt on a mowed lawn. Rossiter asked should something not work out within two weeks would he (Grace) see that the property gets mowed. Grace stated yes. Sherwood asked if the fill dirt had been purchased. Grace stated yes. Rossiter stated before he had gotten on the Council he was told a sign was going to be put up stating future home of Mark Twain Casino. Grace stated no one held any discussion with him. Seckington stated he had made the comment, once a contractor was signed they would then place a sign up. Theresa Gunsauls asked about the article for the paper. Seckington stated he had a rough draft and once he got the correct start dates he would place it in the paper. Grace stated there you go, someone is always pushing for a start date. Mayor Ludwig stated no start date was asked for. At the last meeting Seckington stated an article was going to be placed in the paper stating the Casino project was still under way. Having no further discussion Mayor Ludwig thanked Grace, Seckington and Morthland for coming.

*Visitor: Amy Winter address the Council concerning recycling. Winter asked if the City ever had a recycling program. Mayor Ludwig stated BFI had started a program but it only lasted a couple of months. Mayor Ludwig stated some of the concerns he had gotten was after the home owners had taken the time to wash and clean the recyclable items they notice they were going into the regular trash. City Clerk Spindler stated BFI had also placed a bin down by their gates for recyclable, but it was no longer there. Winters provided the Council with information she had gathered so far concerning recycling. Winters stated that herself and a math teacher from Highland were going to apply for a grant on recycling. Discussion was held about other towns and how they handle recycling and the cost. Discussion was also held on sending out survey’s to Citizens who get a water bill to see if there would be enough interest in a recycling program. Mayor Ludwig stated the City had just received a grant with the help from Andy Ayers to help reduce flood debris and yard waste through Northeast Missouri Regional Planning. The Council stated they would be interested in hearing more. Winters stated she would gather more information and return to a later Council meeting.

*Motion motioned to take a ten minute recess. Wiewel second the motion. Motion carried all five yes. Lowe motioned to go back into session. Rossiter second the motion. Motion carried all five yes.

*Visitor: Mark Tanner asked about the City crew cutting tree limbs hanging low in the road on fourth street. Mayor Ludwig stated he had spoken to the Street Dept., regarding this matter and it should be taken care of. Discussion was held regarding several other streets that tree limbs were hanging low. Mayor Ludwig stated he would look into the matter and report them to the Street Dept.

*Chief Baker asked about the huge lilac brush on the corner of seventh and Pierce. Mayor Ludwig stated the brush had been trimmed down, but was not sure when. Sherwood stated it was last summer. Chief Baker stated you had to pull out into the enter section before you can see if any one is coming. Mayor Ludwig stated he would check into this.

*Committee Reports: Sherwood asked Fire Chief Heindselman it Kenny Wiesemann was over to look at the trucks. Heindselman stated he was here, but he has not heard anything since that time. Heindselman stated that was why he wanted to hire Danko. Heindselman stated the Fire Dept., as well as the Council was back in the same boat regarding this situation and the rural since there is no signed agreement. City Clerk Spindler stated John Schaffer had stopped in City hail asking if letters had been sent out regarding dues owed to the Rural Fire Association. City Clerk Spindler stated she told Schaffer no since the City did not have a signed agreement with the rural she could not do anything. Schaffer stated he would get in contact with Logsdon about the agreement. Sherwood asked if Kenny Wiesemann had said anything. Heindselman stated he

was told there could possible be a motor problem. Heindselman, but then again they are not sure if the tac is working properly. Heindselman stated the last time Wiesemann worked on the truck he had installed a new throttle. Sherwood asked if the ISO had been here. Heindselman stated yes and both trucks needed to be pump tested. Wieseinann will not test pump the trucks until after the packing is changed, and he has never gotten back with the price. According to Heindselman he felt the meeting with the ISO went fairly well. Heindselman stated he had told the inspector that the trucks were going to be repaired and they had been looked at, but neither truck at this time would pass certification. Sherwood asked Heindselman if he should have Logsdon contact Wiesemann again. Heindselman stated he probably should because Wiesemann never returns any of his calls. Mayor Ludwig asked Sherwood to have Logsdon contact Wiesemann regarding the trucks and if he is not going to do the work to let the Council know.

*Park Committee: Rossiter stated he had new cost from Merkels. On the break a way rim the cost is $164.95, steel backboard is $419.95. Prices from Tappies break a way rim cost of $140, steel back board is $190. The concrete pad would be 31’ x 32’ at 4” thick for a total of 12 yards. Rossiter stated Ideal had stated since this project was for the City he would charge $60 an hour. The cost for the concrete would be $672. Lowe asked if that cost covered a Saturday delivery. Rossiter stated he did not know, he was told they would charge the City $60. Martin stated he still could not see where the kids would benefit if only the concrete was pour and a pole was not installed at the same time. Lowe asked about pouring a pad of the same size next to the existing pad, that way all of the concern about the balls going into the street would be eliminate. Further discussion was held. Martin made the motion for have Mayor Ludwig ask the Lion’s if they would stand the cost of concrete and the City pay for the pole, break a way rim, backboard and steel net. Rossiter second the motion. Motion carried all five yes.

No further reports were received.

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UNFINISHED BUSINESS: Mayor Ludwig stated the Council has at hand an appraisal from Gene Priebe for the Old Fire Station property. No action was taken.

*Daily Work Sheets were given to the Council. City Clerk Spindler asked if there were any corrections or additions and how often did the Council want copies of the reports. There were no additions or corrections and at present the copies were to stay in the City office.

*Request/Complaint Reports: Mayor Ludwig stated the City Clerk also made up the new forms to handle request and complaints. The originals are kept at the City office and a copy is given to which ever dept., that has the complaint. Once the matter is taken care of the dept., is to bring in their sheet with what action they took. Martin stated he would like to see these reports in their monthly packet.

NEW BUSINESS: Mayor Ludwig stated Tony Jacobs had been in contact with him asking if the City would consider paying for concrete to replace the existing sidewalk next to the property he teases from the City. Jacobs stated whenever there is an event at the Lion’s hall, people have trouble parking in the Section of street because they can not open their car door. Jacobs stated when he replaced the sidewalk in front of his property he leveled it out due to the same reason. If the City would pay for the concrete and do the removal of the existing sidewalk, Jacobs would get the area ready for the new side walk, Jacobs also asked about removing the remaining side walk on the lease property that goes along side of the street and leveling that out and being able to move. Rossiter motioned to pay for the concrete and have the City crew remove the old side walks in both locations. Wiewel second the motion. Motion carried all five yes.

*Sherwood asked the City Attorney if he has made any advancement on getting the loop back into the City. Kruse stated not at present, but he had been working on the matter. Discussion

was held on volunteer annex. Martin asked how do you go about volunteer annex for a street only and no property. Kruse stated by vote. Mayor Ludwig stated to annex a street and no property causes an increased expense. SherwOod stated there are people who pay City taxes on

the road. Discussion was held regarding annex of the ball park. City Attorney is to look into getting the loop and ball park into the City.

*Sherwood stated he had spoken to Mrs Sonja Johnson, about the minutes from the last Council meeting arid she would like it to be known that the agreement was for the water dept., to flush the hydrant out by her house every Friday. Mr. Vaughn showed up on a Wednesday unannounced and she was doing wash so she ask them to leave. Mrs. Johnson has made the request of not having the water dept., flush the hydrant any more unless they are doing the whole town, because doing it weekly messed up everyone else water.

*Agreement with ODonnell’s: Mayor Ludwig stated in the past the City did have Terminix do the spraying at City Hall. Terminix was charging $60 for each visit, and the City office would hardly get them here to do their job. ODonnell’s has agreed to do the spraying for $32 per service. Martin motioned to go with ODonnell’s. Lowe second the motion. Motion carried all five yes.

*Mayor Ludwig stated he would like the Council to know that the minutes will not be in this weeks Press News Journal, since there was a death in the Spindler family and the City Clerk would not be able to get the minutes to the paper. They will be placed in the following weeks paper.

*Lowe stated once the City starts receiving money from the Casino he would like to see the City start replacing side walks in the down town area.

*Chief Baker has asked for a Police committee meeting to be held 07/18/00 at 7:00 p.m. for discussion of radios. Chief Baker stated he would get further information to the City Clerk for posting this meeting.

*Chief Baker stated he needed four new tires for his car. Chief Baker stated he can get them in Canton at the new tire store under the state bid of $50 a tire, and Summy’s were $54 on state bid. Rossiter asked if Tony’s or Tiemann could get the tires. Chief Baker stated he had checked with both places the last time and they do not do state bids. The cost of tires from Tony’s was $140 a tire and Tiemann also ran around the same cost. Lowe motioned to allow Chief Baker to purchase the tires at $50 a piece. Sherwood second the motion. Motion carried with four yes and Rossiter opposing.

*Chief Baker stated this same place stated they could do oil changes for $13. Martin and Rossiter both stated to leave the oil changes at Tony’s garage.

Having no further business before the Council. Lowe motioned to adjourn the meeting. Sherwood second the motion. Motion carried all five yes.