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HomeMy WebLinkAboutCouncil.Minutes.01-17-1995.Regular 119 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SBSSIOf1 Januar= 17 19 _95__ S-,8�4� REGULAR SESSION - JANUARY 17, 1995 Council convened in regular session on Tuesday, January 17, 1995, 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, and the Pledge of Allegiance was recited. Prior to the regular session, council convened in executive session for the purpose of discussing contract negotiation and possible litigation upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten Neumeyer, Rickard, Spradling, Williamson. Nays, none. The minutes from the January 3, 1995, Regulaz 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, Eggunann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Bill Walker, Chaiiman of the Airport Advisory Board, gave a presentation on the responsibilities and duties of the Board and introduced the members to the Council. Mr. Kevin Spaeth, attorney for Prestige Air, appeared and requested that Bill No. 95-20 be taken up at this time. BILL NO. 95-20 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AND OPERATIONS AGREEMENT WITH MDI, INC. D/B/A PRESTIGE AIR SERVICES, AT 'TIIE CAPE GIRARDEAU REGIONAL AIRPORT Mr. Eggimann made a motion, seconded by Mr. Gateley to approve the reading of BILL NO. 95-20 and adopt the resolution. Mr. Eggimann made a motion, seconded by Mr. Gateley, to amend E�ibit 2, a drawing depicting the lease parcels, and to redefine the property descriptions on page 3 of the proposed lease to reflect the changes on F�chibit 2 as agreed to by the City and Prestige Air. 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. 95-20 is RFSOLUTION NO. 1011. 120 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular S@SSIOCI January 17 19 �_ S-�a�en The following individuals appeared in opposition to the granting of a liquor license to Night Clubs, Inc. d/b/a Regina's House of Dolls: � Ms. Donna Miller requested that the issue be tabled or the matter be voted down. Rev. Kim Ferguson, Cornerstone Assembly Church, presented a petition signed by over 1900 people in opposition to granting this liquor license. Rev. Wes Rider, First Free Will Baptist Church, stated his opposition to the matter. Ms. Cheryl Mothes, stated her opposition to the matter. Mr. Dillard Dale, Auto Trim Design, expressed concerns regarding adequate parking at the proposed location. Mr. Bruce Collier stated his opposition to the matter. Mr. Bradley McEntire stated his opposition to the matter. Rev. Mark Anderson, Lynwood Baptist Church, stated his opposition to the matter. Mr. Scott Bechtold stated his opposition to the matter. Mr. 5teve Engles, KBSI TV, expressed concerns that patrons of the establishment will damage surrounding properties and force property owners to hire security guards. Mr. Bill Reynolds stated his opposition to the matter. Mr. Robert Robinson stated his opposition to the matter. Mr. David Rosener, attorney for Night Clubs Inc., appeared in favor of granting the liquor license. Dr. Kasten made a motion, seconded by Mayor Spradling, to approve a retail liquor by the drink license for Night Clubs, Inc., d/b/a Regina's House of Dolls, 805 Enterprise Street, Randall Lee Morgan, Managing Officer. Mr. Gateley stated his opposition to granting this license. He read sections from the City Code and State Statutes relating to liquor licenses, obscenity, profanity, etc. Mr. Eggimann stated that the Council is voting on a liquor license and not on the matter of obscenity, and that he was torn on voting on the issue. The company has not violated any laws, and any bar in Cape can conduct this type of activity. 121 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOCI January 17 �9 95 c.�a�en Mr. Rickard stated that previously there was an establishment in the city that conducted this type of activity, and it closed due to lack of business. He stated it was his opinion that the same thing will happen to this business. Mayor Spradling stated that the Council is voting on a liquor license and not whether they want the business in the city. The city and state has more regulation over the business if they have a liquor license. They can still open without a liquor license; however, they would be subject to fewer regulations. He stated that all members of the council have the same concerns, but the business has not violated any laws. The motion to grant the liquor license was approved upon the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, Gateley. Ms. Debra Willis, Community Action Chairperson for the NAACP, appeared before the Council in opposition to BILL NO. 95-10 regarding parades. Ms. Debra Evans, President of the NAACP, received a letter from Police Chief Butch Boyd requesting their support of this ordinance; however, they do not support any changes. She read a letter from the Executive Committee of the NAACP stated the reasons for their opposition. BILL NO. 95-10 was given first reading as follows: AN ORDINANCE AMENDING SECTION 26-337(B) OF THE CITY CODE �tRT"ATING TO PARADES Dr. Kasten made a motion, seconded by Mr. Eggimann, to table approval of the first reading of BILL NO. 95-10 until the February 6 city council meeting so the council will have time to read and review the letter from the NAACP. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Eggimann requested that Chief Butch Boyd work with the Southeast Missourian to see if they will commit to printing all notices of parade permits. Mr. Mike Ballou appeared and presented a letter to the city council expressing concerns on TCI Cable and the time sharing of C-SPAN and the public access channel. On January 4 the 104th session of Congress was being aired on C-SPAN, and this was interrupted to show a basketball game. He stated that the city should negotiate with TCI, while they are negotiating the franchise, to have TCI time share the public access channel with the Prewe channel. Mr. Eggimann stated he was also watching the same show when the interruption occurred. He would like to have information from city staff on who controls the programming on this channel. 122 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SeSSIOfI January 17 19 �� C_1 p'Jdn Mr. Scott Bechtold appeared and expressed concerns with riverboat gambling. He requested that rigid accounting methods be implemented to collect the revenues due the city and that independent audits be conducted on a rotating basis annually. Mr. Gateley stated that with the January 3 agenda packet, a memo was distributed regarding airport organization. He requested that this be placed on the February 6 agenda for discussion. The following bills were given second and tYurd readings: BILL NO. 95-4 AN ORDINANCE AMFNDING SCHEDULE T OF SECTTON � 26-260 OF THE CITY CODE, FSTABLISHING A HANDICAPPED PARKING SPACE ON SOUTH MIDDLE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-5 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED, A QUIT CLAIM DEED AND A TEMPORARY CONSTRUCTION EASEMENT FROM ANDREW E. KIIVIVISON; 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 BILL NO. 95-1 AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO TIlVI SINGLETON, FOR PURPOSES OF CONVERTING A SHOP BUII..DING INTO REAL ESTATE OFFICES AT 2911 BLOOMFIELD ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-3 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GRACE UIVITED METHODIST CHURCH, FOR PURPOSES OF PARKING A FOOD TRAILER AT THE BACK OF IT'S LOT AT 601 CORDELIA STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOS. 95-4, 95-5, 95-1 and 95-3 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. 95-4 is ORDINANCE NO. 1667; BILL NO. 95-5 is ORDINANCE NO. 1668; BILL NO. 95-1 is ORDINANCE NO. 1669; BILL NO. 95- 3 is ORDINANCE NO. 1670. BILL NO. 95-12 was given first reading as follows: 123 Proceedings of the City Councii, City of Cape Girardeau, Mo. Regular S@SSIOCI January 17 1 g 95 SLL.13703 AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY CODE RELATING TO THE 1993 BOCA CODES Mr. Neumeyer made a motion, seconded by Mayor Spradling, to approve the first reading of BILL NO. 95-12. Mr. Eggimann expressed opposition to approving this ordinance, stating that this code will bring more regulations on projects and raise costs for contractors. Instead of adopting a new code, the present code should just be amended. Mayor Spradling stated that the 1993 codes needed to be adopted from a safety standpoint for the community. Mr. Rickard expressed concerns with Article 4, Section 7-8, of the proposed ordinance regarding automatic adoption. After the discussion, the motion was approved upon the following roll call vote: Eggimann, nay; Gateley, nay; Kasten, aye; Neumeyer, aye; Rickard, nay; Spradling, aye; Williamson, aye. BILL NO. 95-13 was given first reading as follows: AN ORDINANCE ACCEPTING A GFNF.�t�T_• WA,RRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT FROM KATHERINE L. DARBY FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The first reading of BILL NO. 95-13 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. 95-14 was given first reading as follows: AN ORDINANCE ACCEPTTNG A GENF=RA_i_. WA►ItRANTY DEED FROM KEVIN K. GERLACH AND MARY E. GERLACH, RICHARD L. GERLACH AND VERONCETT L. GERLACH, AND WENDELL E. GERLACH AND MARY A. GERLACH FOR THE NORTH SPRIGG STREET EXTENSION PROJECT ' The first reading of BILL NO. 95-14 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. BILL NO. 95-18 was given first reading as follows: 124 Proceedings of the City Councii, City of Cape Girardeau, Mo. Reqular $@SSIOt1 January 17 19 95 L.13703 AN ORDINANCE ACCEPTTNG SEWER EASEMENTS FROM CHARLES J. MCGUIRE AND THERESA M. MCGUIRE; ALLEN KLOSTERHOFF AND IMOGENE KLOSTER�IOFF; AND ROLAND RAY DRUM, TRUSTEE AND SHARON A. DRUM, TRUSTEE, IN SEWER DISTRICT NO. 14-ZZ The first reading of BILL NO. 95-18 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. The street and sanitary sewer improvements in Ashland Hills Estates Eighth Subdivision, as shown on the plans approved for this subdivision, and the storm sewers in the street right-of-way were accepted into the city's system upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The escrow agreement agreement covering the improvements in Ashland Hills Estates Eighth Subdivision was released 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. 95-8 was presented as follows: A RESOLUTION AUTHORI�ING THE CITY MANAGER TO EXECUTE AN AG�FM�NT TO RENEW AN AGRICULTURAL LEASE WITH RONALD L. BURGER AT THE CAPE GIRARDEAU MiTIVICIPAL AIRPORT The reading of BILL NO. 95-8 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BII.L NO. 95-8 is RFSOLUTION NO. 1012. BILL NO. 95-9 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH NIP KELLEY EQUIPMENT CO., INC. FOR DEMOLITTON OF A DANGEROUS BUILDING The reading of BILL NO. 95-9 was approved and the resolution adopted 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. 95-9 is RFSOLUTTON NO. 1013. BILL NO. 95-11 was presented as follows: 125 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SS1011 January 17 1 g 95 LL.13703 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBGRANT ASSISTANCE AGREEMENT WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR A COMBINED 5EWER OVERFLOW STUDY The reading of BILL NO. 95-11 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. 95-11 is RFSOLUTION NO. 1014. BILL NO. 95-15 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WINTER WATER CONSULTANTS, INC. FOR WATER SYSTEM LINE CLEATIING The reading of BILL NO. 95-15 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-15 is RFSOLiJTION NO. 1015. BILL NO. 95-16 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AUTHORIZATION NO. 3A WITH BURNS & MCDONNELL ENGTN�F.RTNG COMPANY, INC. FOR PHASE II OF THE ALLUVIAL WELL FIELD SUPPLY FEASIBILITY STLTDY The reading of BILL NO. 95-16 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-16 is RESOLU'ITON NO. 1016. BILL NO. 95-17 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO RENEW AN AGRICULTURAL LEASE WITH ROBERT J. 1vIEDERKORN AT THE CAPE GIRARDEAU MLT1vICIPAL AIRPORT The reading of BILL NO. 95-17 was approved and the resolution 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. 95-17 is RFSOLUTION NO. 1017. BILL NO. 95-19 was presented as follows: 126 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular S2SSIOCI January 17 19 95 ----- --'13703 A RESOLUTTON AUTHORIZING THE CITY MANAGER TO FII.E AN APPLICATION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION DEpARTMENT FOR FUNDS TO AID IN THE FINANCING OF A PUBLIC TRANSPORTATION SYSTEM The reading of BILL NO. 95-19 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. BII.L NO. 95-19 is RFSOLUTION NO. 1018. Mr. Joe Koch was appointed as an alternate member to the Board of F�caminers for a term expiring February 1, 1998, upon Mayor Spradling's motion, Mr. Williamson's second, and the following vote: Ayes, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, Eggimann. Mr. Eggunann stated he was opposed to appointing anyone to a city advisory board who is not a resident of the city. Regarding the City of Cape Girardeau's Comprehensive Plan, Mr. Gateley made a motion, seconded by Mr. Neumeyer, that the Plannulg and Zoning Commission and the Southeast Missouri Regional Planning Commission provide information to the city regarding revision of the Comprehensive Plan. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The improvement plans for streets, storm and sanitary sewers for Randol Farms Eighth Subdivision 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. 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, Williamson. Nays, none. A. . Sp oling III, M r � � �Gayl 'a Conrad, Deputy City Clerk