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HomeMy WebLinkAboutCouncil.Minutes.11-21-1994.Regular 87 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SG'SSIOt1 November 21 1 g 94 c-i a�an REGULAR SESSION - NOVEMBER 21, 1994 Council convened in regular session on Monday, November 21, 1994, at 7:30 p.m. with Mayor A1 5pradling III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin Kasten, Tom Neumeyer, Jack Rickard and JJ Williamson present. The invocation was presented by Mr. Eggunann, and the Pledge of Allegiance was recited. Prior to the regular session, council convened in executive session for the purpose of discussing property acquisition and contract negotiation 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 November 7, 1994, Regular and Executive Sessions were approved upon Mr. Gateley'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 Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Tlus being the date set for a public heanng regarding the city's submission of a Community Development Block Grant application to the State of Missouri for an economic development project, the hearing was opened. There being no further appearances, the hearing was closed. Mr. Charles Hutson appeared before the Council in support of Bill No. 94-301 and requested that the City Council give the Ordinance all three readings. BILL NO. 94-301 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY WITH HUTSON EN'I'ERPRI5ES, INC. Mr. Gateley made a motion, seconded by Mr. Williamson, to approve the first reading of BILL NO. 94-301. Mr. Eggimann made an amending motion, seconded by Dr. Kasten, that BILL NO. 94-301 be declared an emergency measure and given second and third readings. 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. 94-301 was given second and third readings. The second and third readings were approved and the ordinance adopted upon Dr. Kasten's motion, Mr. Eggimann's 88 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SeSSIOtI November 21 19 94 S-ta�an second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, _ Spradling, Williamson. Nays, none. BILL NO. 94-301 is ORDINANCE NO. 1650. Ms. Debra Willis, Community Action Chairperson for the NAACP, appeared before the Council in opposition to the city sponsoring a Rush Limbaugh tour. She stated that many opinions of Mr. Limbaugh are negative and offensive and she was opposed to spending t� money for this purpose. Mayor Spradling explained that this tour is not to honor Rush Limbaugh but to get people to come to the Cape Girardeau area for tourism purposes. Mayor Spradling commended the Fire Department for their efforts fighting a fire on Saturday, November 19, and thanked the many businesses who provided assistance to the firefighters throughout the night. He also thanked area fire departments for their help and cooperation. Ms. Mary Miller, Convention and Visitors Bureau Director, introduced to the Council Ms. Sherri Finley, the new Public Awareness Coordinator. Ms. Finley stated she has met with the City Council Advisory Committee and looks forward to working to help promote the City of Cape Girardeau. Mayor Spradling announced that Mary Ellen Klein has resigned her position as Environmental Services Coordinator to accept a position with Columbia and Steve Cook has been promoted to this position from Wastewater Treatment Coordinator. The following bills were given second and third readings: BILL NO. 94-288 AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO SAINT FRANCIS MEDICAL CENTER, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A MEDICAL OFFICE BUILDING IN EXCESS OF THE BLTILDING HEIGHT REQUIREMENTS AT 211 ST. FRANCIS DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 94-289 AN ORDINANCE ACCEPTING A GENERAL WA,FtRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT FROM WILLIAM D. CHEEK AND CATHERINE D. CHEEK FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT BILL NO. 94-293 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTTNG TI� CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, PROVIDING FOR THE PAYMENT OF THE 89 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOfI November 21 1 g 94 S-782d0 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 SPRIGG ROAD; WITH THE BALANCE TO BE PAID FROM GF.NF.RAi. REVENUE FUNDS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 94-292 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. ERLBACHER REVOCABLE TRUST U/T/A, FOR A WATER MAIN EXTENSION TO SERVE WILSON ROAD BILL NO. 94-295 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, PERTAI1vING TO ALCOHOLIC BEVERAGES The second and third readings of BILL NOS. 94-288, 94-289, 94-293, 94-292 and 94- 295 were approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Eggimann's second and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-288 is ORDINANCE NO. 1645; BILL NO. 94-289 is ORDINANCE NO. 1646; BILL NO. 94- 293 is ORDINANCE NO. 1647; BILL NO. 94-292 is ORDINANCE NO. 1648; BILL NO. 94-295 is ORDINANCE NO. 1649. BILL NO. 94-297 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE, BY PLACING YIELD SIGNS ON CAPE ROCK DRIVE AT ITS INTERSECTION WITH LEXINGTON AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-297 was approved 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. 94-296 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF F AND L 1VITSCH SUBDIVISION 90 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S2SSIOf1 November 21 1 g 94 G-ia�en The first reading of BILL NO. 94-296 was 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. 94-298 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTTON 26-121 OF THE CITY CODE, BY PLACING A STOP SIGN ON MYRA DRIVE AT BROADVIEW STREET, IN THE CITY OF CAPE GIItARDEAU, MISSOURI The first reading of BILL NO. 94-298 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. 94-299 was presented as follows: A RESOLUTTON OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH THE "COMMUI�TITY DEVELOPMENT BLOCK GRANT" PROGRAM AND AUTHORIZING THE CITY MANAGER TO PURSUE ACTIVITIES IN AN ATTEMPT TO SECURE FUNDING FOR AN ECONOMIC DEVELOPMENT PROJECT The reading of BILL NO. 94-299 was approved and the resolution adopted 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. 94-299 is RFSOLUTION NO. 1002. BILL NO. 94-300 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MONROE PLUlVIBING AND HEATING COMPANY, INC. FOR THE SOUTH WALKER BRANCH III SEWER RELOCATIONS The reading of BILL NO. 94-300 was approved and the resolution adopted upon Mr. Eggunann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-300 is RFSOLUTION NO. 1003. BILL NO. 94-302 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SVERDRUP CIVIL, INC. FOR UTIL.ITY RELOCATIONS FOR THE MISSISSIPPI BRIDGE ROUTE PROJECT 91 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSl011 November 21 �9 94 s-�e�an The reading of BILL NO. 94-302 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. 94-302 is RFSOLUTTON NO. 1004. Mr. Charles Leming was appointecl to the Show Me Center Board of Managers for a term expiring November 29, 1997, upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The preliminary plat of Giboney Woods Subdivision was approved upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Williamson made a motion, seconded by Mr. Neumeyer, that the City Council meetings in January and February be changed as follows: January 2, 1995, meeting changed to January 3, 1995, due to New Years Day Holiday; January 16, 1995, meeting changed to January 17, 1995, due to Martin Luther King Jr. Holiday; February 20, 1995, meeting changed to February 21, 1995, due to President's Day Holiday. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. A temporary 5% beer by the drink license for Michael Ressel, d/b/a HHC 135th (CB'1� Engineer Group MOARING, 2626 Independence, for an event to be held at the National Guard Armory on December 10, 1994, 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. An original package liquor and original package 5% beer license for Fill-Up Mart, Inc., d/b/a Fill-Up Mart #9, 1101 William, Phillip T. McClellan, Managing Officer, was conditionally approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The improvements on Le�ngton Avenue Phase III from Cape Rock Drive to Old Sprigg Street Road were accepted and final payment to Fronabarger Concreters, Inc. was authorized upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The City Council welcomed the class from Notre Dame High School who were attending the meeting for their Civics Class. 92 � Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SgSSIOfI November 21 19 94 S-�A�an 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. S radling III, M , ; ,° G�yle L; Conrad, Deputy City Clerk ,I