HomeMy WebLinkAboutCouncil.Minutes.03-20-1995.Regular 177
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ SeSSlOt1 March 20 19 95
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REGiTLAR SESSION - MARCH 20, 1995
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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.
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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
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Regular S@SSIOfI March 20 �9 95
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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.
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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:
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Regular _ S@SSIOfI March 20 19 95
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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
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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
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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.
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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.
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A. . Spra ling III, Mayo
i
ayl L. Conrad, Deputy City Clerk