HomeMy WebLinkAboutCouncil.Minutes.08-15-1994.Regular 13
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $eSSlOfI August 15 19 94
S-1B 40
REGULAR SESSION - AUGUST 15, 1994
Council convened in regular session on Monday, August, 15, 1994, 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 JJ Williamson present.
The invocation was presented by Rev. Kim Ferguson, Pastor of Cornerstone Assembly
Church, 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. Williamson's motion, Mr.
Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
The minutes from the August 1, 1994, Regular and Executive Sessions, and August 5,
1994, 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 adopted as distributed to the Council upon Mr. Gateley's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
This being the date set for a public hearing regarding the request of Robert F. Jr. and
Kathleen O. O'Grady for a special use permit for storage of vending machine inventory
at 2026 Robin Hood Circle in an R-1, single family residential district, the hearing was
opened. Mr. Robert O'Grady, Jr. appeared before the Council in support of the
request and to answer any questions. There being no appearances, the hearing was
closed.
Mr. Herb Annis appeared before the Council and requested that BILL NO. 94-215, an
ordinance approving the record plat of Jung Subdivision, be declared an emergency
measure and be given all three readings.
Bill No. 94-215 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF JUNG SUBDIVISION
Mr. Spradling made a motion, seconded by Mr. Eggimann, that BILL NO. 94-215 be
declared an emergency measure and given second and third readings. The motion was
approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none. The bill was given second and third
readings by the City Attorney. The first, second and third readings of BILL NO. 94-215
were approved and the ordinance adopted upon Dr. Kasten's, Mr. Eggimann's second,
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ SeSSlOt1 August 15 �9 94
S ia�en
and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard,
Spradling, Williamson. Nays, none. BILL NO. 94-215 is ORDINANCE NO. 1579.
BILL NO. 94-216 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ESCROW AGREEMENT AND IRREVOCABLE LETTER OF CREDIT WITH
CHRISTOPHER H. JUNG AND MYRA S. JUNG AND MERCANTILE BANK OF
CAPE GIRARDEAU FOR JUNG SUBDIVISION
The reading of BILL NO. 94-216 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.
94-216 is RFSOLUTION NO. 970.
Mr. Scott RUodes appeared before the Council in support of BILL NO. 94-195, an
ordinance approving the record plat of Plaza Acres Subdivision.
Mr. Williamson commended the city staff and personnel for the hard work and efforts
they contributed to make the Black Family Reunion a success.
The following bills were given second and third readings:
BILL NO. 94-189 AN ORDINANCE AMENDING SCHEDLTLE C OF SECTTON
26-121 OF THE CITY CODE, BY PLACING A STOP SIGN ON
MINNESOTA AVENUE AT SOUTHERN EXPRESSWAY, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 94-190 AN ORDINANCE REAFFIRIVIING ARTICLE IV OF CHAPTER
2 OF THE CODE OF ORDINANCES ENTITLED "CONFLICTS
OF INTEREST"
BILL NO. 94-192 AN ORDINANCE PROVIDING FOR THE LEVYING OF TFIE
ANNUAL CITY REVENUE TAX; LIBRARY 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, 1995
BILL NO. 94-193 AN ORDINANCE REAFFIRNIING THE ACTION OF THE
CITY COiTNCIL DECLARING IT NECESSARY TO IMPROVE,
PROVIDING FOR THE IMPROVEMENT, DIRECTING THE
CITY MANAGER TO ENTER INTO A CONTRAC'�' 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 $141.50 PER
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $eSSI0C1 August 15 �g 94
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FRONT FOOT IN PAYMENT OF THE COST OF SAME ON
MINNESOTA AVENUE EXTENSION FROM EXISTING
PAVEMENT SOUTH 1,395.63 FEET TO SOUTHERN
EXPRESSWAY; WITH THE BALANCE TO BE PAID FROM
GENERAL REVENUE FUNDS, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 94-197 AN ORDINANCE AUTHORIZING TRANSFER OF
APPROPRIATIONS IN THE 1994-1995 CITY BUDGET
BILL NO. 94-187 AN ORDINANCE GRANTTNG A SPECIAL USE PERMIT TO
SOUTHEAST MISSOURI FiOSPITAL ASSOCIATION FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING AN AUTOMOBILE PARKING LOT AT 1447
AND 1449 BROADWAY, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
BILL NO. 94-198 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
BILL NO. 94-195 AN ORDINANCE APPROVING THE RECORD PLAT OF
PLAZA ACRES SUBDIVISION
BILL NO. 94-194 AN ORDINANCE APPROVING THE RECORD PLAT OF
STONEBRIDGE SUBDIVISION, PHASE 3
BILL NO. 94-200 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE
OF ORDINANCES RELATING TO ALCOHOLIC BEVER.AGES
BY THE ADDITION OF SPECIAL LICENSE PROVISIONS
FOR AMUSEMENT PLACES
BILL NO. 94-176 AN ORDINANCE APPROVING THE RECORD PLAT OF
CRITES EIGHTH ADDITION
The second and third readings of BILL NOS. 94-189, 94-190, 94-192, 94-193, 94-197,
94-187, 94-198, 94-195, 94-194, 94-200 and 94-176 were approved and the ordinances
adopted upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays,
Mr. Gateley voted nay on Bill No. 94-200. Dr. Kasten abstained from voting on BILL
NO. 94-187 for non-financial reasons. BILL NO. 94-189 is ORDINANCE NO. 1580;
BILL NO. 94-190 is ORDINANCE NO. 1581; BILL NO. 94-192 is ORDINANCE NO.
1582; BILL NO. 94-193 is ORDINANCE NO. 1583; BILL NO. 94-197 is
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ SeSSIOfI August 15 �994
S tA�an -
ORDINANCE NO. 1584; BILL NO. 94-187 is ORDINANCE NO. 1585; BILL NO. 94-
198 is ORDINANCE NO. 1586; BILL NO. 94-195 is ORDINANCE NO. 1587; BILL
NO. 94-194 is ORDINANCE NO. 1588; BILL NO. 94-200 is ORDINANCE NO. 1589;
BILL NO. 94-176 is ORDINANCE NO. 1590.
BILL NO. 94-205 was given first, second and third readings as follows:
AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY
CODE, ESTABLISHING NO PARKING ON NORTH PACIFIC STREET, IN THE
CITY OF CAPE GIRARDEAU, MIS50URI
The first, second and third readings of BILL NO. 94-189 were approved and the
ordinance adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following
vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none. BILL NO. 94-205 is ORDINANCE NO. 1591;
BILL NO. 94-206 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ROBERT F.
O'GRADY, JR. AND KATHLEEN O. O'GRADY, FOR PURPOSFS OF
MAINTAIIVING AND OPERATING STORAGE OF VENDING MACHINE
INVENTORY AT 2026 ROBIN HOOD CIRCLE, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 94-206 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. 94-208 was given first reading as follows:
AN ORDINANCE APPROVING THE ISSUANCE OF APPROXIlVIATELY$3,250,000
PRINCIPAL AMOUNT OF CITY OF CAPE GIRARDEAU, MISSOURI,
CERTIFICATES OF PARTICIPATION (CAPITAL IMPROVEMENTS PROJECTS),
SERIES 1994A, FOR THE PURPOSES OF PROVIDING FLTNDS TO PAY THE
COSTS OF A PROJECT FOR THE CITY; AUTHORIZING AND APPROVING
CERTAIN DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF THE
CERTTFICATES; AND AUTHORIZING CERTAIN OTHER ACTIONS IN
CONNECTION WITH THE ISSUANCE OF THE CERTIFICATES
The first reading of BILL NO, 94-208 was approved upon Dr. Kasten's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggunann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, nonea
BILL NO. 94-209 was given first reading as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $@SSIOfI August 15 19 94
S-tA940
AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS FROM NADA NAGEL; AND DOROTHY SEYER
FOR THE NORTFI KINGSHIGHWAY SAIVITARY SEWER PROJECT
The first reading of BILL NO. 94-209 was approved upon Mr. Williamson's motion, Dr.
Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
BILL NO. 94-213 was given first reading as follows:
AN ORDINANCE REAFFIRMING 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
AMOUNT NOT TO EXCEED $90.00 PER FRONT FOOT IN PAYMENT OF THE
COST OF SAME ON CAPE WEST PARKWAY FROM CAMPSTER DRIVE SOUTH
766.41 FEET; FROM SIEMERS DRIVE EAST, THFN NORTH 2,049.65 FEET, AND
RICHMOND DRIVE WEST FROM CAPE WEST PARKWAY 265 FEET; WITH THE
BALANCE TO BE PAID FROM GENERAL REVENUE FUNDS, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 94-213 was approved upon Mr. Eggimann's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Kasten, Spradling, Williamson. Nays, none.
Mr. Williamson made a motion, seconded by Dr. Kasten, to accept the improvement of
a portion of Cape West Parkway and a portion of Richmond Drive, and to authorize fmal
payment to Fronabarger Concreters, Inc. The motion was approved upon the following
vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
BILL NO. 94-212 was given first, second and third readings as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF MT. AUBURN
SUBDIVISION NO. 8
The first, second and third readings of BILL NO. 94-212 were approved upon Mr.
Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO.
94-212 is ORDINANCE NO. 1592.
BILL NO. 94-207 was presented as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S2SSIOt1 August 15 19 94
A RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE CONTRACT
IN CONNECTION WITH THE SALE OF APPROXIIVIATELY$3,525,000 PRINCIPAL
AMOLTNT OF CITY OF CAPE GIRARDEAU, MISSOURI, CERTIFICATES OF
PARTTCIPATION (CAPITAL IMPROVEMENTS PROJECTS), SERIES 1994A;
APPROVING THE PRELIlVIINARY OFFICIAL STATEMENT AND AUTHORIZING
THE EXECUTION OF A FINAL OFFICIAL STATEMENT RELATING TO THE
CERTIFICATES; AND PRESCRIBING OTHER MATTERS RELATING THERETO
The reading of BILL NO. 94-207 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.
94-207 is RESOLUTION NO. 971.
BILL NO. 94-204 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT TO PROVIDE SPECIAL HEAVY RESCUE SERVICES WITH THE
COUNTY OF CAPE GIRARDEAU, MISSOURI AND THE CITY OF JACKSON,
MISSOURI
The reading of BILL NO. 94-204 was approved and the resolution adopted upon Mr.
Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO.
94-204 is RFSOLUTION NO. 972.
BILL NO. 94-210 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH ROBINSON CONSTRUCTION COMPANY FOR LIME
TREATMENT AT THE WASTEWATER TREATMENT
The reading of BILL NO. 94-210 was approved and the resolution adopted upon Mr.
Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO.
94-210 is RESOLU'TION NO. 973.
BILL NO. 94-211 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
LOAN AGREEMENT WITH THE MISSOURI DEPARTMENT OF ECONOMIC
DEVELOPMENT AND SIX-THIRTY, INCORPORATED FOR CONSTRUCTION OF
A SAIVITARY SEWER LINE
The reading of BILL NO. 94-211 was approved and the resolution adopted upon Dr.
Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann,
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ S2SS1011 August 15 �g 94
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Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO.
. 94-204 is RFSOLUTION NO. 974.
BILL NO. 94-215 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY TO EXECUTE AN OPTION TO
LEASE REAL ESTATE WITH LEOPOLD CORPORATION FOR LAND AT THE
CAPE GIRARDEAU MLTIVICIPAL AIRPORT
Mr. Eggimann made a motion, seconded by Mr. Neumeyer to approve the reading of
BILL NO. 94-215 and to adopt the resolution. Mayor Spradling made an amending
motion, seconded by Mr. Eggimann, to authorize city staff to assign an appropriate Bill
No. to this Resolution; the present bill number is incorrect. The amending motion was
approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none. The original motion was approved as
amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-215 is RESOLUTION NO.
975.
Mr. Leonard Jansen and Mr. Roger Popp were appointed as alternate members to the
Board of Examiners for terms expiring July 1, 1997, upon Mr. Spradling's motion, Dr.
Kasten's second and the following vote: Ayes, Gateley, Kasten, Neumeyer, Rickard,
Spradling, Williamson. Nays, Eggimann.
Mr. Gateley made a motion, seconded by Mr. Neumeyer, to reject the bid received from
Reli Electric for the primary power conversion at the Ramsey Branch water treatment
plant. The motion was approved upon the following vote: Ayes, Eggunann, Gateley,
Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Mayor Spradling announced that Commiinity Awareness/Public Relations program was
discussed in the study session. It was the consensus of the City Council that the
committee would meet with city staff to come up with a budget figure for the program,
and this item would be placed on the September 6, 1994, City Council agenda for
discussion.
Mr. Gateley made a motion, seconded by Dr. Kasten, to file the recommendation of
rejection by the Planning and Zoning Commission regarding the request of Rendrag
Development Corp. to rezone a tract of land located west of Perryville Road and south
of I.exington Avenue from R-1 to R-3 and R-4. The motion was approved upon the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
Dr. Kasten made a motion, seconded by 1VIr. Williamson, to file the recommendation of
rejection by the Planning and Zoning Commission regarding the request of Catholic
Foundation of the Springfield-Cape Girardeau Diocese and Money Time Check Cashers,
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ SeSSIOtI August 15 �9 94
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Inc. for a special use permit for a check cashing and pawn shop at 155 South Park
Avenue. The motion was approved upon the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Mr. A1 Sullivan appeared in support of the petition to improve Charles Street, and
indicated this was the fourth time the neighborhood has petitioned the city for the
improvement. He stated that the petition was presented with the understanding that the
cost to the abutting property owners for this improvement would be no more than $10
per front foot.
After discussion, Mr. Williamson made a motion, seconded by Mr. Gateley, to accept
the petition to improve Charles Street, from West Rodney Drive to Hawthorn Street, with
a 3" overlay pavement, 20' wide, with no curbs; that the cost to the abutting property
owners be no more than $10.00 per front foot; and that the city pay for the balance of
the cost of the improvement. The motion was approved upon the following vote: Ayes,
Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, Eggimann, Spradling.
The improvement plans for streets, storm and sanitary sewers for Le�ngton Place
Subdivision, Phase III, were approved upon Mr. Gateley's motion, Mr. Neumeyer's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard,
Spradling, Williamson. Nays, none.
BILL NO. 94-217 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ESCROW AGREEMENT AND IRREVOCABLE LETTER OF CREDIT WITH WEST
CAPE DEVELOPMENT CORP. AND BOATMEN'S NATIONAL BANK OF CAPE
GIRARDEAU FOR CRITES EIGHTH ADDITION 5TORM WATER RETENTION
The reading of BILL NO. 94-217 was approved and the resolution adopted upon Mr.
Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard Spradling (abstain), Williamson. Nays, none.
BILL NO. 94-217 is RFSOLUTION NO. 976
Mayor Spradling congratulated the Ford& Son's American Legion Post 63 baseball team
on winning the state championship this past weekend.
There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamso . Na , none.
�; M. Spradling III, a or
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Gayl L. Conrad, Deputy City Clerk