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HomeMy WebLinkAboutCouncil.Minutes.03-20-1995.Regular 177 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SeSSlOt1 March 20 19 95 s,eaao REGiTLAR SESSION - MARCH 20, 1995 ,, Council convened in regular session on Monday, March 20, 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 JJ Williamson present. The invocation was presented by Rev. Brant Hazlett, Rector, Christ Episcopal Church, and the Pledge of Allegiance was recited. Prior to the regular session, council convened in executive session for the purpose of discussing property acquisition, contract negotiation and personnel 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 of the March 6, 1995, regular and executive sessions, and the March 7, 1995, special session were 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 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. This being the date set for a public hearing regarding the licensing and regulation of adult businesses within the City of Cape Girardeau, establishing fees, and providing penalties for violations, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 95-68 was given first reading as follows: AN ORDINANCE ENACTING A NEW ARTICLE XV OF CHAPTER 15, PROVIDING FOR THE LICENSING AND REGULATION OF ADULT BUSINESSES WITHIN THE CITY OF CAPE GIRARDEAU; ESTABLISHING FEES; AND PROVIDING PENALTIES FOR VIOLATIONS The first reading of BILL NO. 95-68 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. Ms. Tricia Stahly, Chairman of the Public Library Board, appeared and presented information to the Council on the purpose and responsibility of the Board. 5he introduced the members of the Board and stated hey met on the third Thursday of each month at the Library. 178 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $gSSlOt1 March 20 1 g 95 c-ia�an Ms. Mary Spell presented the 1995 annual report of the Vision 2000 Community Relations Council and introduced members of the committee present. Mr. Gateley explained that the four areas the committee focuses on are business, industry and jobs; community spirit; education; and planning and zoning. Mr. Larry Loos presented information on the community information center. Mr. Bob Robins spoke on a scholarship program for the class of 2000. Jobs and employment in the area were reviewed by Mr. Mitch Robinson. Mr. Ken Eftink gave an update on the flood control project. Ms. Spell then presented a rose to each Council member. Mr. Kevin Spaet6 appeared on behalf of Prestige Air in support of Council approval of the design development drawings they previously submitted. In addition, he stated that Prestige Air was mistakingly using letterhead and envelopes that had the Regional Airport as a return address. Mr. Spaeth assured the Council that they have taken steps to no longer use this return address until such time as they have implemented their full service operation at the airport. They intend to operate a charter service from off the airport premises, only using public areas at the airport for arrivals and departures of their aircraft. The design development drawings submitted by Prestige Air Services were approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. David Rosener appeared on behalf of Night Clubs Inc. and questioned why the City Council meeting and the public hearing on adult businesses commenced prior to 7:30 p.m. Mayor Spradling responded that according to the clock in the Council Chambers the meeting started at 7:30 p.m. Mr. Rosener stated the Council is trying to legislate morality by adopting an ordinance regulating adult entertainment. On February 27 he received a letter and documentation from City Attorney Warren Wells regarding adult entertainment, but the letter stated that Council Memorandum 10 was a confidential communication and was not be provided to him. He requested that he receive a copy of this memo as well as any other documentation that had confidentially been supplied to the City Council. Mayor Spradling responded that this was a confidential communication between attorney and client, and it is up to the City Council members whether they want the document distributed. Mr. Gary Kobes of Druco, Inc. appeared in support of the Council's approval of the preliminary plat of Cape West Seventh Subdivision.. The preliminary plat of Cape West Seventh Subdivision 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. Mr. Scott Bechtold appeared regarding Bill No. 95-68 regulating adult businesses. He made several suggested amendments to the proposed ordinance, including adding a provision for revocation of license, allowing an individual to hold no more than two � 179 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOfI March 20 �9 95 G.i a�sn licenses, amending the wording on the sign, and adding a provision prohibiting any business that is mobile or temporary in nature. Ms. Sonia Xanthopoulos of the Salvation Army appeared in support of Bill No. 95-59, a resolution authorizing a grant application for the Salvation Army, and she invited the public to visit their new facility. Ms. Bonnie Gerecke of the Safe House for Women appeared in support of Bill No. 95- 59, a resolution authorizing a grant application for the Safe House, and thanked the City Manager, City Planning Services Office and the Police Department for the assistance the Safe House has received from them. BILL NO. 95-59 was presented as follows: A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI DEPARTMENT OF SOCIAL SERVICES UNDER THE EMERGENCY SHELTER GRANT PROGRAM FOR SAFE HOUSE FOR WOMEN, INC. AND THE SALVATION ARMY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 95-59 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. 95-59 is RESOLUTION NO. 1032. Mr. Jeff Jackson appeared in support of Bill No. 95-55, an ordinance approving the record plat of Katie's First Subdivision. BILL NO. 95-55 was given first, second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF KATIE'S FIRST SUBDIVISION The first, second and third readings of BILL NO. 95-55 were approved and the ordinance 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. 95-55 is ORDINANCE NO. 1689. Mr. Bradley McEntire, 1108 Independence, appeared before the Council. He stated that there is not enough light at night in the 1100 block of Independence, and requested the city review this area for additional lighting. In addition, he requested the city review the traffic and parking problems in front of Central High School. iso Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S2SSIOt1 March 20 1 g 95 scia�en Mr. Butch Boyd, Police Chief, announced that on Tuesday, March 28, at 7:00 p.m. at Central High School there will be an open conference on gangs and violence and invited all to attend. Mr. Albert Bell appeared and requested the City Council set a public hearing on his request for a special use permit for a mobile home at 1015 North Lorimier Street which was rejected by the Planning and Zoning Commission. A public hearing was set for April 17 on the request of Anna M. Whitley and Albert L. Bell for a special use permit for a mobile home at 1015 North Lorimier Street in an R-2, single family residential district, upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The following bills were given second and third readings: BILL NO. 95-38 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE � OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MIS50URI, BY CHANGING THE ZONING OF 134 AND 136 SOUTH PACIFIC STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 TO C-2 BILL NO. 95-39 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RICHARD J. KNAUP AND CARLA J. KNAUP, FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING A GREENHOUSE AT 134 AND 136 SOUTH PACIFIC STREET, IN THE CITY OF COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-40 AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO ST. VINCENT DE PAUL, ROMAN CATHOLIC DIOCESE OF SPRINGFIELD-CAPE GIRARDEAU, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN ADDITION TO EXISTING CHURCH FACILITIES AT 741 FOREST AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOS. 95-38, 95-39 and 95-40 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. 95-38 is ORDINANCE NO. 1690; BILL NO. 95- 39 is ORDINANCE NO. 1691; BILL NO. 95-40 is ORDINANCE NO. 1692. BILL NO. 95-54 was given first reading as follows: 181 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOfI March 20 19 95 �-�A�dn AN ORDINANCE APPROVING THE RECORD PLAT OF GIBONEY WOODS 3RD SUBDIVISION The first reading of BILL NO. 95-54 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. 95-61 was given first, second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF KUSS FUN PARK SUBDIVISION The first, second and third readings of BILL NO. 95-61 were approved and the ordinance 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. 95-61 is ORDINANCE NO. 1693. BILL NO. 95-66 was given first reading as follows: AN ORDINANCE ENACTING A NEW SECTION 26-231 OF THE CITY CODE AND ESTABLISHING SCHEDULE U ENTITLED "BRIDGE WEIGHT LIlVIITS" The first reading of BILL NO. 95-66 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. 95-64 was given first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FROM SYDNEY R. POLLACK AND MARILYN YOFFIE POLLACK FOR THE INDEPENDENCE STREET RIGHT TURN LANE EXTENSION The first reading of BILL NO. 95-64 was approved upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-67 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMIVIISSION FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER 5ECTION 18 OF THE FEDERAL TRANSIT ACT, AS AMENDED 182 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOfI March 20 19 95 c-tA�en The first reading of BILL NO. 95-67 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. BILL NO. 95-57 was presented as follows: A RESOLUTTON ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATTON The reading of BILL NO. 95-57 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 (abstain), Spradling, Williamson. Nays, none. BILL NO. 95-57 is RESOLUTION NO. 1033. BILL NO. 95-58 was presented as follows: A RESOLUTTON ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATTON The reading of BILL NO. 95-58 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, 5pradling, Williamson. Nays, none. BILL NO. 95-58 is RFSOLUTION NO. 1034. BILL NO. 95-56 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING CONCERIVING SECTION 18 TRANSIT FUNDING ALLOCATTON WITH SOUTHEAST MISSOURI STATE LTNIVERSITY The reading of BILL NO. 95-56 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-56 is RESOLUTION NO. 1035. BILL NO. 95-62 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 1 TO A STATE BLOCK GRANT AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMIVIISSION FOR AIRPORT IMPROVEMENTS 183 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular $@SSIOt1 March 20 1 g 95 SLL.13703 The reading of BILL NO. 95-62 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. � - 95-62 is RFSOLUTTON NO. 1036. BILL NO. 95-63 was presented as follows: A RESOLUTTON PETITIONING THE MISSOURI HIGHWAY AND TRANSPORTATION COMIVIISSION TO ACT AS AGENT FOR THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 95-63 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. 95-63 is RFSOLUTION NO. 1037. BILL NO. 95-65 was presented as follows: A RESOLUTION ADOPTING AN ORDER OF THE CAPE GIRARDEAU CITY COUNCIL PERTAIrTING TO PROPOSED CABLE TELEVISION RATE INCREASES FOR BASIC TIER SERVICES The reading of BILL NO. 95-65 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. 95-65 is RFSOLUTTON NO. 1038. Mr. Stanley Coomer was appointed as an alternate member to the Board of Examiners for a term expiring April 1, 1998, upon Mayor Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Felix Kinsley, Mr. John Layton and Ms. Danna Cotner were appointed to the Historic Preservation Commission for tenns expiring April 16, 1998, upon Mr. Neumeyer's motion, Mr. Gateley's second and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The improvement plans for streets, storm and sanitary sewers for the Target 5tore development were approved upon Mr. Gateley's motion, Mr. Eggunann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The preliminary plat of Etherton Subdivision was approved upon Mr. Williamson's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. 184 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI March 20 1 g 95 ------- 13703 The metering work at the Ramsey Branch Water Treatment Plant was accepted and final payment to K &K Electric Company, Inc. was authorized upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The sanitary sewer improvements as shown on the plans approved for Randol Farms Estates Subdivision were accepted into the city's system upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. J. Ronald Fischer, City Manager, announced to the Council his intentions to retire from the city by August 1. Mayor Spradling congratulated Mr. Fischer and stated that the City Council will meet in the near future to discuss the search for a replacement. There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. / A. . Spra ling III, Mayo i ayl L. Conrad, Deputy City Clerk