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Home My WebLink AboutCouncil.Minutes.01-03-1995.Regular 111 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOft Jan �ar� � 1 g �_ S-ia�dn REGULAR SESSION - JANUARY 3, 1995 Council convened in regular session on T�esday, January 3, 1995, at 7:30 p.m. with . Mayor A1 Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin Kasten, Tom Neumeyer, Jack Rickard and J7 Williamson present. The invocation was presented by Rev. Kim Ferguson, 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 December 19, 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, Dr. Kasten'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 Tim Singleton for a special use permit to convert a shop building into real estate offices and for a sign at 2911 Bloomfield Road in an R-1, single family residential district, the hearing was opened. Mr. Tim Singleton appeared in support of the request and to answer any questions. He stated he has received no opposition from the neighbors. There being no further appearances, the hearing was closed. BILL NO. 95-1 was given first reading as follows: AN ORDINANCE GRANTTNG A SPECIAL USE PERNIIT TO TIM SINGLETON, FOR PURPOSES OF CONVERTING A SHOP BUILDING INTO REAL ESTATE OFFICES AT 2911 BLOOMFIELD ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-1 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. This being the date set for a public hearing regarding the request of First Christian Church (Disciples of Christ) for a special use permit for a church at the southwest comer of Kenneth Drive and Abbey Road in an R-1, single family residential district, the hearing was opened. Mr. Mel Dockins appeared on behalf of the church and requested 112 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOtI January 3 1 Q 95 that BILL NO. 95-2 be given all three readings. There being no further appearances, the hearing was closed. BILL NO. 95-2 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO FIItST CHRISTIAN CHURCH (DISCIPLES OF CHRIST�, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CHURCH AT THE SOUTfiVVEST CORNER OF KENNETH STREET AND ABBEY ROAD, IN TI� CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Gateley made a motion, seconded by Dr. Kasten, to approve the first reading of BILL NO. 95-2. Mr. Eggimann made an amending motion, seconded by Mr. Williamson that this bill be 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. The bill was given second and third readings. BILL NO. 95-2 was approved and the ordinance adopted 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. 95-2 is ORDINANCE NO. 1663. This being the date set for a public hearing regazding the request of Grace United Methodist Church for a special use permit to park one food trailer at the back of the lot at 601 Cordelia Street in an R-2, single family residential district, the hearing was opened. Mr. Jim Hendrickson, Chaitman of the Board of Trustees of the church, appeared in support of the request and to answer any questions. There being no further appearances, the hearing was closed. BILL NO. 95-3 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GRACE U1�TITED METHODIST CHURCH, FOR PURPOSES OF PARKING A FOOD TRAILER AT THE BACK OF IT'S LOT AT 601 CORDEIIA STREET, IN TFIE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-3 was approved upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Charlie Haubold, Chaitman of the Planning and Zoning Commission, gave a presentation on the responsibilities and duties of the commission and introduced the members to the Council. Mr. Harry Rediger appeared and discussed an article that was in the local newspaper regarding the proposed transportation sales tax. He suggested that 113 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOfI _ January 3 19 95 S-ia�dn as the t� is considered that the general revenue budget be reviewed to examine how the city could operate with less government. He suggested that businessmen be involved in the discussions on the tax. He also stated that it is important for the city to follow long established priorities for street improvements citing Lexington as an example. Mr. Dave Pfeiffer, Chaiiman of the Board of Appeals, gave a presentation on the purpose, responsibilities, and duties of the board. Mayor Spradling thanked Chaiimen Haubold and Pfeiffer and the commission and board members for their services to the city. Mr. David Rosener, an attorney with the Lowes and Drusch law firm, appeared before the Council on behalf of Night Clubs, Inc. He stated that on December 19 Night Clubs applied for a liquor license and were told that it would appear on the January 3 agenda for consideration. However, he was advised on December 30 that it was not placed on the agenda. Mayor Spradling stated that the request will not be taken up this evening. Mr. Rosener requested a roll call of the city council members to place the item on the agenda. Mayor Spradling responded that if there is a motion to place this application on the agenda, there could be a roll call vote. There being no motion, the issue came to a close. Mr. Steve Engles, Manager of KBSI TV, 806 Enterprise, appeared in opposition to granting a liquor license to Night Clubs because of safety reasons. Mr. Dillard Dale, owner of Auto Trim Design, 807 Enterprise, appeared in opposition to granting a liquor license to Night Clubs. He expressed concerns that there is not adequate parking for this business and the overflow will park on his parking lot. Ms. Donna Miller appeared in opposition to granting a liquor license to Night Clubs. She requested that the issue be tabled and the matter taken to the voters of each ward to see if they want this business in the city. Mr. Greg Hutsell of Hut Co, 821 Progress, appeared in opposition to granting a liquor license to Night Clubs. Mr. Gateley requested that discussion on the City's Comprehensive Plan, which reviews long and short range goals of the city, be placed on the 7anuary 17 City Council agenda. The following bills were given second and third readings: BILL NO. 94-315 AN ORDINANCE ACCEPTING A QLTIT CLAIM DEED AND A TEMPORARY CONSTRUCTION EASEMENT FROM EARL Q. ALLEN AND MARY LEE ALLEN; AND ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM VERNON 114 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOfI January 3 19 95 S tA�an T. UHRHAN AND JERRY 7. UHRHAN FOR THE LEXINGTON AVENUE EXTENSION PROJECT BILL NO. 94-317 AN ORDINANCE APPROVING THE RECORD PLAT OF LEXINGTON PLACE THIRD SUBDIVISION BILL NO. 94-320 AN ORDINANCE APPROVING THE RECORD PLAT OF ASPEN PARK TOWNHOUSES SUBDIVISION The second and third readings of BILL NOS. 94-315, 94-317, and 94-320 were approved and the ordinances adopted upon Mr. Eggimann's motion, Mr. Neumeyer's second and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, 5pradling, Williamson. Nays, none. BILL NO. 94-315 is ORDINANCE NO. 1664; BILL NO. 94-317 is ORDINANCE NO. 1665; BILL NO. 94-320 is ORDINANCE NO. 1666. BILL NO. 95-4 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE,ESTABLISHING A HANDICAPPED PARKING SPACE ON SOUTH MIDDLE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-4 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. 95-5 was given first reading as follows: AN ORDINANCE ACCEPTING A GF.NF.RAI.WARR.ANTY DEED, A QUIT CLAIM DEED AND A TEMPORARY CONSTRUCTION EASEMENT FROM ANDREW E. KIN1vISON; AND ACCEPTING QUIT CLAIM DEEDS AND TEMPORARY CONSTRUCTION EASEMENTS FROM HAROLD L. GERLACH AND MAXINE L. GERLACH; AND LINDA K. WILCOX FOR THE LEXINGTON AVENUE EXTENSION PROJECT The first reading of BILL NO. 95-5 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. Mayor Spradling announced that BILL NO. 95-7, which reads as followed, was pulled from the agenda at the request of Mr. Juden. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICFNSE AND INDEMIVITY AGREEMENT WITH CHARLES A. JUDEN, JR. AND JEANETTE H. JUDEN, TRUSTEES OF THE AJRV TRUST FOR A BUILDING ON 'TF�MIS STREET RIGHT-OF-WAY 115 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOtI _ January 3 �9 95 S-1A?QO BILL NO. 95-6 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTR.ACT WITH IVIP KELLEY EQUIPMENT CO., INC. FOR DEMOLITION OF DANGEROUS BUILDINGS The reading of BILL NO. 95-6 was approved and the resolution adopted 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. 95-6 is RFSOLUTION NO. 1010. A retail liquor by the drink, Sunday sales license for David Freese, d/b/a The Clubhouse Family Grill & Pub, 2001 Independence, David Freese, 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, Sunday sales license for Cape Mex Restaurant, d/b/a El Chico Restaurant, 202 5. Mt. Auburn Rd., David Jordan, Managing Officer, was conditionally approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, 5pradling, Williamson. Nays, none. The annual city audit for fiscal year ending June 30, 1994, was 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 sanitary sewer improvements and the water main extension to serve B &E Industrial Park were 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. 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. Spradling III, M r Gayle L. Conrad, Deputy City Clerk 116 Proceedings of the City Council, City of Cape Girardeau, Mo. _ Session 19 s-ia�en THIS PAGE INTENTIONALLY LEFT BLANK