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HomeMy WebLinkAboutCouncil.Minutes.03-06-1995.Regular 163 Proceedings of the City Councii, City of Cape Girardeau, Mo. Regular _ SeSSIOCI March 6 19 95 S-ia�dn REGIJLAR SESSION - MARCH 6, 1995 Council convened in regular session on Monday, March 6, 1995, at 7:30 p.m. with Mayor A1 Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin Kasten, Tom Neumeyer, and Jack Rickard present. JJ Williamson was absent. The invocation was presented by Rev. Mike Woelk, 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 property acquisition upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten Neumeyer, Rickard, Spradling. Nays, none. Dr. Kasten made a motion, seconded by Mr. Neumeyer, that the minutes from the February 20, 1995, Special Session and February 21, 1995, Regular and Executive Sessions be approved. Mr. Gateley made a motion, seconded by Mr. Eggimann, that the February 21st minutes be amended as follows: On page 154 regarding the first reading approval of Bill No. 95-41, his amending motion should state that the public meetings/town hall meetings be conducted by the Vision 2000 Community Relations Council during the months of April and May, 1995, for the purpose of gathering community input regarding transportation needs (streets, roads, bridges, etc.) The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. Mr. Gateley made a motion, seconded by Mr. Eggimann, to adopt the agenda as distributed. Mayor Spradling made an amending motion, seconded by Dr. Kasten, that the appearance by the Convention and Visitors Advisory Board be moved to the beginning of the agenda prior to the public hearings. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. Mr. Bob Hoppman, Chairman of the Convention & Visitors Advisory Board, appeared and presented information to the Council on the purpose and responsibility of the Board, listed activities they have been working on, and introduced members of the Board. Mayor Spradling thanked them for their volunteer service on this important Board. 164 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOfI March 6 19 95 G-ia�en This being the date set for a public hearing regarding the request of Richard J. and Carla _ J. Knaup to rezone 134 and 136 South Pacific Street from R-4, multiple family residential district, to C-2, general commercial district, and for a special use permit for a greenhouse, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the request of St. Vincent de Paul, Roman Catholic Diocese of 5pringfield-Cape Girardeau, for a special use permit for an addition to the existing church facilities at 741 Forest Avenue in an R-2, single family residential district, the hearing, was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the necessity to make certain sewer improvements in Lateral Sewer District No. 14-1-F (Hanover Estates Subdivision), the hearing was opened. Mr. Keith Russell appeared on behalf of the property owners in the subdivision and expressed concerns for the cost of this project. In November of 1993, they were given an estimate of 14.3C per square foot, and now the maximum cost is at 21.6C per square foot. He requested the project proceed at the original cost estimate. If it proceeds at the 21.6C cost, the property owners want the project abandoned. Mr. Russell introduced the following property owners present: Jewell Cox, Paul Schermann, Randall Johnson, John Kinder and Larry Maevers (on behalf of Hanover Lutheran Church), Ron Gosche, and Dewayne Bryant. Mr. Kensey Russell, City Engineer, explained that the change in cost is due to an increase in the cost of the sewer pipe and a decrease in the square footage of the district. Mr. Dwayne Bryant appeared and explained that his home faces Perryville Road but he agreed to connect to the sewer district. He is the second largest property owner besides Hanover Lutheran Church, and the tax liability for his property would be too high for him to participate in this project. He requested that the city proceed with the project at 14.7C per square foot. There being no further appearances, the hearing was closed. Mr. Fischer explained that if the bids for this sewer district were rejected, this would stop the project. The city previously has not participated in the cost of a sewer district. If the city does participate, the cost would have to come from the general fund. BILL NO. 95-49 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANGER TO EXECUTE AN AGREEMENT WITH DUTCH ENTERPRISES, INC. FOR HANOVER ESTATE5 SUBDIVISION 5EWER IMPROVEMENTS, SEWER DISTRICT 14-1-F Mr. Gateley made a motion, seconded by Mr. Eggimann, that BILL NO. 95-49 be withdrawn and the bids on this project be rejected. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. 165 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ $@SSIOfI March 6 1 Q 95 S-18240 This being the date set for a public hearing regarding the necessity to improve that part of Charles Street from Hawthorne Drive to West Rodney Drive, for a distance of 625 feet, the hearing was opened. There being no appearances, the hearing was closed. Ms. Donna Miller appeared regarding the regulation of adult businesses in the city. She stated that other cities in this area have already approved an ordinance on this matter, and she was sad the City of Cape Girardeau has yet to approve one. In addition, she indicated should would be receiving information to substantiate the secondary affects of this type of activity on a community, and she will provide this to the City Attorney. Mr. Scott Bechtold appeared regarding the regulation of adult businesses in the city. He stated that the draft ordinance is a good start, but he had several suggested amendments. Mayor Spradling stated that a special session of the City Council is scheduled for Thursday, March 16, at 5:00 p.m. to further discuss this matter. The ordinance will be on the March 20 agenda for first reading consideration along with a public hearing for citizen comments. He suggested to Mr. Bechtold that he put his recommendations in writing and send them to the City Council. Mr. Pat Wissman appeared regarding the regulation of adult businesses in the city and questioned what the real issue was. He stated this activity is a form of entertainment and art and expressed his opposition to the proposed ordinance. Mr. David Rosener appeared on behalf of Night Clubs, Inc. and indicated he has several comments regarding the proposed ordinance and wanted the Council to respond to them. He indicated he would bring these comments up when the Council brings up the ordinance again for consideration. Mr. Andy Juden appeared regarding item 27 on the agenda, a request to vacate a portion of Themis Street. He owns and desires to sell the building at the southeast corner of Themis and Spanish Streets. The survey of the property shows that the building is 18" on city right of way, and he requested that the city vacate this strip to the property owners. Mayor Spradling responded that the City Council discussed this matter in study session and agreed they would authorize a license and indemnity agreement for this property but would not vacate it. He asked if there was a motion to vacate this property. There being no motion, the issue died. Mayor Spradling indicated to Mr. Juden he could bring the matter back up for a liceuse and indemnity agreement. Ms. 5herri �nley, Public Awareness Coordinator, made a presentation to the Council on the new format for the city utility bills. Upon questioning from Mr. Rickard, she stated that the postage for the new bill will be an additional 9.4C per mailing. The following bills were given second and third readings: 166 Proceedings of the City Council, City of Cape Girardeau, Mo. �ggular _ SeSSIOfI March 6 19 95 S-�a�an BILL NO. 95-35 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO HABITAT FOR HUMAIVITY FOR THE LOT AT 526 SOUTH BENTON STREET BILL NO. 95-36 AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE, BY PLACING YIELD SIGNS ON HOPPER ROAD AND KAGE ROAD, IN TfiE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-42 AN ORDINANCE ACCEPTTNG A GENERAL WARRANTY DEED FROM P. DAVID GERLACH AND JERRIE L. GERLACH FOR RIGHT-OF-WAY ALONG KENNETH STREET BETWEEN ROUTE W AND RANDOL FARMS ESTATES SUBDIVISION BILL NO. 95-41 AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MIS50URI, ON THE QLTES'1�ION _ WHETHER THE CITY SHALL IMPOSE A SALES TAX OF ONE-HALF OF ONE PERCENT FOR TRANSPORTATION PURPOSES; DESIGNATING THE TIlVIE OF HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION BILL NO. 95-45 AN ORDINANCE ACCEPTING A SAIVITARY SEWER LINE EASEMENT AND A WATER LINE EA5EMENT FROM LEXINGTON PLACE, L.L.C., FOR IMPROVEMENTS IN THE LEXINGTON PLACE SUBDIVISIONS BILL NO. 95-46 AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCE BY REQUIRING LICENSING OF LODGING HOUSES, ROOMING HOUSES AND BOARDING HOUSES Mr. Gateley requested that BILL NO. 95-41 be voted on separately. Mr. Eggimann requested that BILL NO. 95-46 be voted on separately. The second and third readings of BILL NOS. 95-35, 95-36, 95-42, and 95-45 were approved and the ordinances adopted upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 95-35 is ORDINANCE NO. 1685; BILL NO. 95-36 is ORDINANCE NO. 1686; BILL NO. 95-42 is ORDINANCE NO. 1687; BILL NO. 95-45 is ORDINANCE NO. 1688. Regarding BILL NO. 95-41, Mr. Eggimann stated that he felt funds should be reprioritized to repair city streets and stated his opposition to an additional sales tax at this time. The issue could be brought up at a later date after public input. 167 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOtI March 6 1 J 95 s-,azao The second and third readings of BILL NO. 95-41 were not approved and the ordinance failed upon the following roll call vote: Eggimann, nay; Gateley, nay; Kasten, aye; Neumeyer, aye; Rickard, nay; Spradling, aye. The second and third readings of BILL NO. 95-46 were not approved and the ordinance failed upon the following roll call vote: Gateley, nay; Kasten, aye; Neumeyer, aye; Rickard, nay; Spradling, aye; Eggimann, nay; The Council discussed the sales tax issue and whether or not to proceed on the matter. BILL NO. 95-38 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 134 AND 136 SOUTH PACIFIC STREET, CITY AND COiJNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 TO C-2 The first reading of BILL NO. 95-38 was approved upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 95-39 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RICHARD J. KNAUP AND CARLA J. KNAUP, FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATTNG A GREENHOUSE AT 134 AND 136 SOUTH PACIFIC STREET, IN THE CITY OF COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-39 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 95-40 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO ST. VINCENT DE PAUL, ROMAN CATHOLIC DIOCESE OF SPRINGFIELD-CAPE GIRARDEAU, FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING AN ADDITION TO EXISTING CHURCH FACILITIES AT 741 FOREST AVENUE, IN THE CITY AND COLTNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-40 was approved upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 95-53 was presented as follows: 168 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOtI March 6 19 95 s-,aaao A RESOLUTION ADOPTING THE FISCAL 1995-2000 CAPITAL IMPROVEMENTS PROGRAM Mr. Neumeyer made a motion, seconded by Dr. Kasten, to approve the reading of BILL NO. 95-53 and adopt the resolution. Mr. Gateley made an amending motion, seconded by Mr. Eggimann, that under the Transportation Section, the Kent Street Connection be moved to fiscal year 1995-96. After discussion, the amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard. Nays, Spradling. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 95-53 is RFSOLUTION NO. 1027. BILL NO. 95-51 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADVERTISING LEASE WITH ROBINSON DISPLAYS, INC. FOR BILLBOARD PLACEMENT The reading of BILL NO. 95-51 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling. Nays, Neumeyer. BILL NO. 95-51 is RFSOLUTTON NO. 1028. BILL NO. 95-52 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A REPLACEMENT WINDOW CONTRACT WITH EDGEWATER GLASS CO., INC. FOR WINDOWS AT THE PUBLIC WORKS BUILDING The reading of BILL NO. 95-52 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. Nays, none. BILL NO. 95-52 is RESOLUTION NO. 1029. BILL NO. 95-48 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 1 TO PROFESSIONAL SERVICES CONTRACT DATED DECEMBER 21, 1993, WITH CRAWFORD, MURPHY & TILLY, INC., RELATING TO AIRPORT IMPROVEMENTS The reading of BILL NO. 95-48 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 95-48 is RESOLUTION NO. 1030. 169 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOfI March 6 1 Q 95 S-�a�an BILL NO. 95-50 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 1 TO PROJECT AGREEMENT NO. 1 DATED DECEMBER 21, 1993, WITH CRAWFORD, MURPHY & TTLLY, INC., FOR AIRPORT DESIGN WORK The reading of BILL NO. 95-50 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. Nays, none. BILL NO. 95-50 is RESOLUTION NO. 1031. Regarding the request of Dr. Chris Jung for fire protection outside the city limits of Cape Girardeau, Mayor Spradling stated this matter was discussed in study session. Regarding the draft ordinance presented on the licensing and regulation of adult businesses, Mayor Spradling stated that a special City Council study session has been scheduled for March 16, 1995, at 5:00 p.m. to discuss this matter. The improvement plans for sanitary sewers to serve the new Target Store were accepted upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. There being no fiirther business, the Council adjourned upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling. Nays, none. �— A. . Spra ing III, Mayor J�;����2��.L`�',��l�C Gayle L. Conrad, Deputy City Clerk 170 Proceedings of the City Council, City of Cape Girardeau, Mo. _ Session 19 c i a�en THIS PAGE INTENTIONALLY LEFT BLANK