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HomeMy WebLinkAboutCouncil.Minutes.11-07-1994.Regular 77 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOfI November 7 19 94 S-ie�an REGULAR SESSION - NOVF.MBER 7, 1994 Council convened in regular session on Monday, November 7, 1994, at 7:30 p.m. with Mayor A1 Spradling III presiding and Council Members Richazd Eggimann, Melvin Gateley, Melvin Kasten, Tom Neumeyer, Jack Rickard and 7J Williamson present. The invocation was presented by Captain Elmer Trapp of the Salvation Army, 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, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The minutes from the October 24, 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, Rickard, Spradling, Williamson. Nays, none. The agenda was adopted as distributed upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mayor Spradling introduced the VFW Post 3838 Boy Scout Troop attending the meeting for a merit badge, and Mr. Trickey's Freshman Civics Class from Notre Dame High School. This being the date set for a public hearing regarding a petition for annexation from the Southeast Missouri University Foundation for a 20-acre tract north of Northfield Subdivision, said tract being the West half of the Southwest quarter of the Northwest quarter of Section 19, Township 31 North, Range 14 Fast, the hearing was opened. Mr. Joe Russell, attorney for the Foundation, appeared in favor of the petition and to answer any questions of the Council. There being no further appearances, the hearing was closed. This being the date set for a public hearing regarding the request of St. Francis Medical Center for a Special Use Permit to construct a five story medical office building at 211 St. Francis Drive in an R-4, multiple family residential district, the hearing was opened. Mr. Rick Essner of St. Francis Medical Center appeared in favor of the request. Mr. Larry Haertling appeared in favor of the request. There being no further appearances, the hearing was closed. Bill No. 94-288 was given first reading as follows: 78 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOfI November 7 19 94 S-�a�nn AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SAINT FRANCIS MEDICAL CENTER, FOR PURPOSFS OF CONSTRUCTING, MAINTAINING AND OPERATING A MEDICAL OFFICE BUILDING IN EXCESS OF THE BUILDING HEIGHT REQUIREMENTS AT 211 ST. FRANCIS DRIVE, IN THE CITY AND COLTNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-288 was approved upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Cliff Shirrell of the Downtown Neighborhood Association appeared in favor of adopted a Property Maintenance Code for the city. Mr. Larry Haertling appeared and petitioned the City Council to proceed with the extension of Silver Springs Road by either assessing the adjoining property owners or issuing improvement bonds. In addition, he expressed concerns that the intersection of Gordonville Road and Silver Springs Road will need to be lowered, and this should be funded by the city. Mr. Ken Eftink, Development Services Coordinator, displayed a map of the proposed Silver Springs Road extension and a map of the proposed medical arts building on the St. Francis Medical Center campus. He explained that the only right-of-way left to acquire is through the St. Francis property. Mr. Darrell Long, President of SuperValu in Scott City, stated his company has a local interest in Shop 'N Save on Silver Springs Road, and they would like to see this road extended. Dr. Christopher Young appeared in favor of the extension of Silver Springs Road. Mr. Fischer explained that city staff will prepare preliminary designs and cost estimates for this project and present this to the Council at the November 21 or December 5 meeting. Mr. Gateley made a motion, seconded by Mr. Eggimann, that city staff prepare a proposed plan and cost estimate for the development of Brucher Street from Bertling to Wayne. This street is continually washed out when it rains and needs to be paved. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-285 was given second and third reading as follows: AN ORDINANCE ENACTING A NEW ARTICLE VIII OF CHAPTER 7 OF THE CITY CODE, ADOPTING A PROPERTY MAINTENANCE CODE FOR THE CITY OF CAPE GIRARDEAU, MISSOURI. 79 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOtI November 7 �g 94 S-7a�nn Mr. Neumeyer made a motion, seconded by Mr. Williamson to approve the second and third readings of BILL NO. 94-285 and to adopt the ordinance. Mr. Gateley made a motion, seconded by Mr. Neumeyer to amend the compla.int form by adding a line stating the scheduled date for inspection of the property. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Eggimann made a motion, seconded by Mr. Gateley to amend Section 7-307(b) by deleting subparagraph (b) in its entirety and substituting a new subparagraph (b) to read as follows: "(b) Appeals board: In order to protect e�sting structures in the jurisdiction by vigorous enforcement of the provisions of this code, appeals pertaining to the Minimum Property Code shall be taken to the Board of Appeals already created pursuant to other provisions of Chapter 7 of this code of ordinances; provided, however, the adoption of this Minimum Property Code shall add one additional member to the board for a total of six. This new position on the board sha11 meet all the qualif'ications for office as the other board members and, in addition, shall be a rental property owner." The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The second and third readings of BILL NO. 94-285 were approved as amended and the ordinance adopted upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-285 is ORDINANCE NO. 1637. The following bills were given second and third readings: BILL NO. 94-279 AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF THE CITY CODE, FSTABLISHING LIlVIITED PARKING ON RANDOL AVENUE AND LYNNWOOD DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 94-280 AN ORDINANCE AMENDING SCHEDLTLE C OF SECTTON 26-121 OF THE CITY CODE, BY PLACING STOP SIGNS ON WEST CAPE ROCK DRIVE, LEXIIVGTON AVENUE AND BENTON HILL ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 94-281 AN ORDINANCE NAMING NORTHCHURCH STREET AND PATRIOT DRIVE IN THE CITY OF CAPE GIRARDEAU, MISSOURI 80 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOf1 November 7 19 94 s-ia�sn BILL NO. 94-277 AN ORDINANCE ENLARGING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-2-A, IN TRUNK SEWER DISTRICT NO. 14-2, A SUBDIVISION OF SEWER DISTRICT NO. 13 BILL NO. 94-276 AN ORDINANCE APPROVING THE PLAT OF DEDICATION FOR RIGHT-OF-WAY ALONG WILSON ROAD BILL NO. 94-284 AN ORDINANCE ACCEPTING AN EASEMENT FROM JERRIE LYN (RIID) GERLACH AND P. DAVID GERLACH, FOR THE EXTENSION OF ABBEY ROAD BILL NO. 94-278 AN ORDINANCE EXTENDING THE TERM OF FRANCHISE ORDINANCE NO. 1274, PASSED DECEMBER 7, 1977, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOS. 94-279, 94-280, 94-281, 94-277, 94-276, 94-284 and 94-278 were approved and the ordinances 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. 94-279 is ORDINANCE NO. 1638; BILL NO. 94-280 is ORDINANCE NO. 1639; BILL NO. 94-281 is ORDINANCE NO. 1640; BILL NO. 94-277 is ORDINANCE NO. 1641; BILL NO. 94-276 is ORDINANCE NO. 1642; BILL NO. 94-284 is ORDINANCE NO. 1643; BILL NO. 94-278 is ORDINANCE NO. 1644. BILL NO. 94-289 was given first reading as follows: AN ORDINANCE ACCEP'TING A GENERAL WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT FROM WII.LIAM D. CHEEK AND CAT�i]ERINE D. CHEEK FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The first reading of BILL NO. 94-289 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. 94-293 was given first reading as follows: AN ORDINANCE REAFFIRMING THE ACTION OF TFiE 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 $25.00 PER FRONT FOOT IN PAYMENT OF THE COST OF SAME ON LEXINGTON AVENUE, FROM CAPE ROCK DRIVE TO OLD 81 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $2SSIOtI November 7 �9 94 s-ie�nn SPRIGG ROAD; WITH THE BALANCE TO BE PAID FROM GENERAL REVENUE FUNDS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-293 was approved 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. 94-292 was given first reading as follows: AN ORDINANCE ACCEPTING WATER LINE EASEMENT FROM KIDD'S OIL COMPANY, INC. AND A WATER MAIN EASEMENT FROM THE CHARLES F. BLATTNER AND JOYCE E. BLATTNER VOLUNTARY TRUST AND JERRY E. RRT RACHER REVOCABLE TRUST U/T/A, FOR A WATER MAIN EXTENSION TO SERVE WIL50N ROAD The first reading of BILL NO. 94-292 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. 94-295 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, PERTAINING TO ALCOHOLIC BEVERAGES Mr. Neumeyer made a motion, seconded by Mr. Williamson, to approve the first reading of BILL NO. 94-295. Mr. Gateley made an amending motion, seconded by Mr. Eggimann, to amend Section 5-46 by changing the fee for a temporary liquor license back to $10.00. 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. 94-290 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH INSITUFORM MISSOURI, INC. FOR SEWER LINE RECONSTRUCTION IN PORTIONS OF THE NORTHWEST PART OF THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 94-290 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. 94-290 is RFSOLUTION NO. 999. BILL NO. 94-291 was presented as follows: 82 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOfI November � 1 g 94 S-�a�dn A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT WITH SVERDRUP CIVIL, INC., FOR ENGINEERING SERVICES FOR VARIOUS SAI�TITARY SEWER SEGREGATION AND PIPING PROJECTS The reading of BILL NO. 94-291 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-291 is RFSOLIJTTON NO. 1000. BILL NO. 94-294 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO TERMINATE AN AGREEMENT WITH BILLY J. KEELE AND SARA J. KEELE, FOR MAINTENANCE OF THE FLOOD PLAIN PROFILE The reading of BILL NO. 94-294 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. 94-294 is RFSOLUTION NO. 1001. Mr. Ron Carlton and Mr. Mike Hopen were appointed to the Golf Course Advisory Board for a term expiring November 12, 1997, upon Mayor Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. A retail liquor by the drink license for Christopher Harold Jung, d/b/a Town House Inn Grill, 505 N. Kingshighway, Christopher Harold Jung, Managing Officer, was conditionally approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. A retail liquor by the drink license for Christopher Harold Jung, d/b/a Soap-N-Suds Laundry-Deli, 501 Silver Springs Road, Christopher Harold Jung, Managing Officer, was conditionally 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 water main extension to serve Randol Farms Sixth Subdivision was accepted into the city's system upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. 83 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S2SSIOtI November 7 �g 94 s-�a�dn The water main extension to serve B &E Subdivision was accepted into the city's system upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The street and sanitary sewer improvements in Mt. Auburn Subdivision No. 6 as shown on the plans for the subdivision, and the storm sewers in the street right-of-way, were accepted into the city's system; and the escrow agreement covering these improvements was released upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. An original package liquor license for Rhodes City Truck Plaza, Inc., d/b/a Rhodes 101, 1036 N. Sprigg, Paul Richard Dirnberger, Managing Officer, was conditionally approved upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. A 5% beer by the drink and original package 5% beer license for Curtis B. Bowers, d/b/a Brangus Feed Lot, 2123 Broadway, Curtis B. Bowers, Managing Officer, was conditionally approved upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The improvements in Sewer District 14-1-F-3, Route W &Boutin Drive area, also called the Sneathen sewer, were accepted, and fmal payment to Nip Kelley Equipment Co., Inc. was authorized upon Mr. Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. There being no further business, the Council adjourned upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. A. . Spradling III, M � � �, , r j� ��, �� �:' Gayle' . Conrad, Deputy City Clerk 84 Proceedings of the City Council, City of Cape Girardeau, Mo. _ Session 19 S-ta�en THI5 PAGE INTENTIONALLY LEFT BLANK