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Home My WebLink AboutCouncil.Minutes.08-01-1994.Regular 1 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSiOn August 1 19 94 SLL.13703 REGULAR SESSION - AUGUST 1, 1994 Council convened in regular session on Monday, August, 1, 1994, at 7:30 p.m. with Mayor Al Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin Kasten, Tom Neumeyer and JJ Williamson present. The invocation was presented by Rev. James Caughlan, Pastor of Evangelical United Church of Christ, and the Pledge of Allegiance was recited. Prior to the regular session, council convened in executive session for the purpose of discussing litigation and property acquisition upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley,Kasten, Neumeyer, Spradling, Williamson. Nays, none. The minutes from the July 18, 1994, Regular and Executive Sessions were approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The agenda was adopted as distributed to the Council upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mayor Spradling presented a plaque to Sara Holt in appreciation for her service on the Solid Waste Task Force. This being the date set for a public hearing regarding the property tax rates proposed to be set by the City of Cape Girardeau for the fiscal year ending on June 30, 1995; and the real property tax rate proposed to be set for Special Business District No. 2 by the City Council of the City of Cape Girardeau for the fiscal year ending on June 30, 1995, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the request of Edward L. Eagleton for a special use permit for a 130 foot microwave radio tower at 24 South Minnesota Avenue in an M-1, light industrial district, the hearing was opened. Mr. Joey Johnson, representing LDD, appeared before the council and requested that the special use permit be amended to allow a 140 foot microwave radio tower. There being no further appearances the hearing was closed. This being the date set for a public hearing regarding the request of Southeast Missouri Hospital for a special use permit for an automobile parking lot at 1447 and 1449 Broadway in an R-4, multiple family residential district, the hearing was opened. Mr. Steve Strom, representing the hospital, appeared before the Council and requested the following: 1) that the hospital not be required to have an entrance/exit on Broadway as recommended by the Planning and Zoning Commission; 2) that the entrance/exit be on West End Boulevard at the southeast corner of the parking lot; and 3) that there be no a Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOCI August 1 19 94 L.13703 access from the parking lot to the alley South of the property in question. There being no further appearances, the hearing was closed. BILL NO. 94-187 was given first reading as follows: AN ORDINANCE GRANTTNG A SPECIAL USE PERMIT TO SOUTHEAST MISSOURI HOSPI'�'AL ASSOCIATION FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATTNG AN AUTOMOBILE PARKING LOT AT 1447 AND 1449 BROADWAY, IN THE CITY AND COLTNTY OF CAPE GIRARDEAU, MISSOURI Mr. Williamson made a motion, seconded by Mr. Eggimann, to approve the first reading of BILL NO. 94-187. Mr. Gateley made an amending motion, seconded by Mr. Eggimann, that the special use permit state there shall be an entrance/exit on West End Boulevard at the southeast corner of the parking lot and that no access shall be allowed to the alley South of the property in question. In addition, there shall be no requirement that there be an entrance/exit on Broadway. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten (abstain), Neumeyer, Spradling, Williamson. Nays, none. The original motion as approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten (abstain), Neumeyer, Spradling, Williamson. Nays, none. This being the date set for a public hearing regarding a petition for annexation from Cape Special Road District for their interest in right-of-way on Bloomfield Road (County Road 205) and the Old Jackson Benton Road, (County Road 206, a.k.a, Benton Hill Road) southwest of the City of Cape Girardeau, the hearing was opened. There being no appearances, the hearing was closed. Mr. Richard Kirkpatrick appeared in support of BILL NO. 94-196, an Ordinance authorizing a license and indemnity agreement, and requested that all three readings be given to this ordinance. BILL NO. 94-196 was given first, second and third readings as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSE AND INDEMIVITY AGREEMENT WITH MII{E MATHES AND RICHARD AND TAMMY KIRKPATRICK FOR PROPERTY AT NORTHEAST CORNER OF INDEPENDENCE AND CARUTHERS STREETS The first, second and third readings of BILL NO. 94-196 were approved and the ordinance adopted upon Mr. Williamson's motion, Mr. Eggunann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-196 is ORDINANCE NO. 1573. 3 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOCI August 1 19 94 SLI.13703 Mr. Vernon Rhodes appeared before the Council in support of BILL NO. 94-195, an ordinance approving a record plat of Plaza Acres Subdivision; BILL NO. 94-199 a Resolution authorizing an escrow agreement for the subdivision; and acceptance of the improvement plans for the subdivision. BILL NO. 94-195 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF PLAZA ACRES SUBDIVISION The first reading of BILL NO. 94-195 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-199 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANGER TO EXECUTE AN ESCROW AGREEMENT AND IRREVOCABI.E LETTER OF CREDIT WITH VERNON E. RHODES AND CAROLE S. RHODES AND BOATMEN'S NATIONAL BANK OF CAPE GIRARDEAU FOR PLAZA ACRES The reading of BILL NO. 94-199 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling (abstain), Williamson. Nays, none. BILL NO. 94-199 is RESOLiJ'TION NO. 965. The improvement plans for the extension of sanitary sewers to serve Plaza Acres Subdivision, Sewer District 14-1-F-1, were accepted upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Willy Sadler presented a petition to the City Council on behalf of the residents of North Water Street requesting that certain properties in the Water Street area be cleaned up. Mr. Gateley made a motion, seconded by Mr. Neumeyer, that the home at 1400 North Water be added to the petition, and that city staff take the necessary steps to bring these homes in compliance with the Code of Ordinances. After discussion, the motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mayor Spradling reminded everyone that Tuesday is election day and encouraged all citizens to vote. The following bills were given second and third readings: 4 _ Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Auyust i 1 g 94 SLL.13703 BILL NO. 94-175 AN ORDINANCE APPROVING THE RECORD PLAT OF ACY- KAREN SUBDIVISION BILL NO. 94-180 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE TWO AGREEMENTS WITH SOUTHEAST MISSOURI STATE UI�TIVERSITY The second and third readings of BILL NOS. 94-175 and 94-180 were approved and the ordinances adopted upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-175 is ORDINANCE NO. 1574; BILL NO. 94-180 is ORDINANCE NO. 1575. BILL NO. 94-186 was given first, second and third readings as follows: AN OP.DINANCE ACCEPTING FIRST-YEAR GRANT FUNDING FROM THE MISSOURT DEPARTMENT OF ECONOMIC DEVELOPMENT FOR A COMMiTNITY DEVELOPMENT BLOCK GRANT PROJECT FOR RESTORATION OF THE LOCUST-MAPLE NEIGI3BORHOOD The first, second and third readings of BILL NO. 94-186 were approved and the ordinance adopted upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-186 is ORDINANCE NO. 1576. BILL NO. 94-191 was given first, second and third reading as follows: AN ORDINANCE REPEALING ARTTCLE II OF CHAPT'ER 14, ENTITI.ED "FAIR HOUSING" AND ENACTING A NEW ARTICLE II OF CHAPTER 14 ENTITLED "FAIR HOUSING" IN LIEU THEREOF The first, second and third readings of BILL NO. 94-191 were approved and the ordinance adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-191 is ORDINANCE NO. 1577. BILL NO. 94-189 was given first reading as follows: AN ORDINANCE AMENDING SCHEDiTLE C OF 5ECTION 26-121 OF THE CITY CODE, BY PLACING A STOP SIGN ON MINNESOTA AVENUE AT SOUTHERN EXPRESSWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-189 was approved upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. 5 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Sessloll August i 1 g94 SLL.13703 BILL NO. 94-190 was given first reading as follows: AN ORDINANCE REAFFIRMING ARTICLE IV OF CHAPTER 2 OF THE CODE OF ORDINANCES ENTITLED "CONFLICTS OF INTEREST" The first reading of BILL NO. 94-190 was approved upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-192 was given first reading as follows: AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; LIBRARY FLTND TAX; PUBLIC HEALTH TAX; DEBT SERVICE FUND TAX; SPECIAL BUSINFSS DISTRICT NO. 2 TAX; FOR THE FTSCAL YEAR FNDING ON THE 30TH DAY OF JITNE, 1995 The first reading of BILL NO. 94-192 was approved upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-193 was given first reading as follows: AN ORDINANCE REAFFIRNIING THE ACTION 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 AMOLTNT NOT TO EXCEED $141.50 PER FRONT FOOT IN PAYMENT OF THE COST OF SAME ON MINNESOTA AVENUE EXTENSION FROM EXISTTNG PAVEMENT SOUTH 1,395.63 FEET TO SOUTHERN EXPRESSWAY; WITH THE BALANCE TO BE PAID FROM GEN�,�T_• REVENUE FUNDS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-193 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, k Spradling, Williamson. Nays, none. � The improvement of Minnesota Avenue as extended from the e�sting pavement south to Southern Expressway was accepted, and fmal payment to Lappe Cement Finishing, Inc. was authorized upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-197 was given first reading as follows: 6 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular SesSlOtl August i 19 .� LL.13703 AN ORDINANCE AUTHORIZING TRANSFER OF APPROPRIATIONS IN THE 1994-1995 CITY BUDGET � � The first reading of BILL NO. 94-197 was approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, -�,,,, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-188 was given first, second and third readings as follows: AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO EDWARD L. EAGLETON, FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING A 130 FOOT MICROWAVE RADIO TOWER AT 24 SOUTH MINNESOTA AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Gateley made a motion, seconded by Mr. Neumeyer, to approve the first, second and third readings of BILL NO. 94-188. Mr. Eggimann made a motion, seconded by Mr. Williamson, to amend the ordinance and special use permit by changing the height of the tower to 140 feet. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-198 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU The first reading of BILL NO. 94-198 was approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. � BILL NO. 94-194 was given first reading as follows: � i AN ORDINANCE APPROVING THE RECORD PLAT OF STONEBRIDGE SUBDIVISION, PHASE 3 �� The first reading of BILL NO. 94-194 was approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-200 was given first reading as follows: 7 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSsiOt1 August 1 1 g 94 LL.73703 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES RRi"ATING TO ALCOHOLIC BEVERAGES BY THE ADDITION OF SPECIAL LICENSE PROVISIONS FOR AMUSEMENT PLACES The first reading of BILL NO. 94-200 was approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Spradling, Williamson. Nays, Gateley. BILL NO. 94-185 was presented as follows: A RESOLUTTON AUTHORIZING THE CITY MANAGER TO MAKE APPLICATTON TO THE CAPE REGIONAL CREDIT iTIVION FOR EMPLOYER MEMBERSHIP The reading of BILL NO. 94-185 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-185 is RFSOLUTION NO. 966. BILL NO. 94-201 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WIT�I SVERDRUP CIVIL, INC. FOR DESIGN AND CONSTRUCTION OF A SA1�iITARY SEWER IMPROVEMENT PROGRAM The reading of BILL NO. 94-201 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-201 is RESOLUTTON NO. 967. The change in managing officer for Martin & Bayley, Inc., d/b/a Hucks Food Store #271, 353 S. Kingshighway, Margaret Ann Smith, new Managing Officer, was approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The City Manager was authorized to send a request to the Missouri Highway and Transportation Department requesting that FAU project M(1518)003 be de-obligated, upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Williamson made a motion, seconded by Mr. Eggimann, that the first City Council meeting in September be set for the 6th, and the meetings in October be set on the lOth and 24th. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. 8 Proceedings of the City Council, City of Cape Girardeau, Mo. RP��lar Session Aurnlst i 1 g 94 ----- .13703 The street improvements and associated storm sewers, sanitary sewer improvements, and water line improvements in Northfield 15th Subdivision were accepted; payment of $1,596.20 to Northfield Properties, Inc. for water line participation was authorized; and release of escrow in the amount of$145,000 to Northfield Properties, Inc. covering these improvements was authorized upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The street improvements and storm sewers in the street right-of-way for Stonebridge Subdivision, Phase III were accepted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-202 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DUMEY EXCAVATING, INC. FOR SEEDING AND SPRIGGING WORK IN THE SHAWNEE PARK SPORTS COMPLEX, PHASE II PROJECT The reading of BILL NO. 94-202 was approved and the Resolution adopted upon Mr. Williamson's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-202 is RFSOLU'ITON NO. 968. BILL NO. 94-203 was presented as follows: A RESOLLTTTON AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DANNY GILDER EXCAVATION FOR FIIVISH GRADING AND TOPSOIL PLACEMENT IN T�IE SHAWNEE PARK SPORTS COMPLEX, PHASE 2 PROJECT The reading of BILL NO. 94-203 was approved and the Resolution adopted upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-203 is RESOLUTION NO. 969. There being no further business, the Council adjourned upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The Council reconvened as the Board of Appeals for the Floodplain Management Regulations upon Mr. Gateley's motion, motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. 9 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOCI August 1 1994 SLL.13703 Mr. Eggimann made a motion, seconded by Mr. Neumeyer, to grant a variance to the elevation requirement for the placement of a metal storage building near the existing recycling building at the Public Works Service Center on North Kingshighway. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. There being no further business, the Board of Appeals adjourned upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. A. . Spradling III, Mayor � r' Gayle . Conrad, Deputy City Clerk 10 Proceedings of the City Council, City of Cape Girardeau, Mo. Session 19 L.13703 THI5 PAGE INTENTIONALLY LEFT BLANK