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HomeMy WebLinkAboutCouncil.Minutes.04-03-1995.Regular 189 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SeSSIOtI April 3 19 95 c-�A�an REGULAR SESSION - APRII. 3, 1995 Council convened in regular session on Monday, Apri13, 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. Scott Moon of the Wesley House, 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. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten Neumeyer, Rickard, Spradling, Williamson. Nays, none. The minutes of the March 16, 1995, special session; March 20, 1995, regular and executive sessions; and the March 27, 1945, special session were approved upon Dr. Kasten's motion, Dr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Williamson'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 vacating the city's interest in a portion of the west right-of-way of Minnesota Avenue between Shawnee Park and 5outhern Expressway in the City of Cape Girardeau, Missouri, 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 West Side Church of God for a special use permit for a church sign at 2222 Bloomfield Road 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 request of Lonnie and Shirley Moss for a special use permit to operate a business repairing air wrenches at 2011 Brink Avenue in an R-2, single family residential district, the hearing was opened. Mr. Lonnie Moss appeared in support of the request. There being no further appearances, the hearing was closed. BILL NO. 95-72 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO LONriIE D. MOSS AND SHIRLEY J. MOSS, FOR PURPOSES OF OPERATING A BUSINESS REPAIRING AIR WRENCHES AT 201 BRINK AVENLTE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI 190 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SgSSIOfI April 3 19 95 s-ia�en The first reading of BILL NO. 95-72 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. This being the date set for a public hearing regarding the request of the City of Cape Girardeau for nomination of the River Heritage Museum at 538 Independence Street for an historic landmark zoning classification, the hearing was opened. Mr. John Layton, Vice Chairman of the Historic Preservation Commission, appeared in support of the request. There being no further appearances, the hearing was closed. BILL NO. 95-73 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF i' THE CITY OF CAPE GIRARDEAU, MISSOURI, BY DESIGNATING THE CAPE RIVER HERITAGE MUSEUM, 538 INDEPENDENCE STREET, CITY AND COLTNTY OF CAPE GIRARDEAU, MISSOURI AS AN "HISTORIC LANDMARK" The first reading of BILL NO. 95-73 was approved upon Mr. Neumeyer's motion, Mr. � Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. John Layton, Vice-Chairman of the Historic Preservation Commission, appeared and presented information to the Council on the purpose and responsibility of the Commission and introduced the members of the Board present. Mr. Gateley thanked the commission for their service to the city. Mr. Mitch Robinson, Executive Director of the Cape Girardeau Area Industrial Recruitment Association, appeared regarding financial contributions from the city for the years 1996, 1997 and 1998. The Association is requesting a 10 percent increase for the next three years. Mr. Gateley made a motion, seconded by Mr. Williamson, that city staff prepare a Resolution for the April 17, 1995, City Council Agenda, authorizing the City Manager to enter into a contract with the Cape Girardeau Area Industrial Recruitment Association for a three year period at the 10 percent increased rate. The motion was approved upon the following vote: Ayes, Eggimann (abstain), Gateley, Kasten (abstain), Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. David Rosener appeared on behalf of Night Clubs, Inc. in opposition to Bill No. 95-68. He stated that Regina's House of Dolls has spent an estimated $100,000 to open the night club, complying with all existing city laws and regulations, and now the City Council is proposing to implement an ordinance that would further regulate the night club and ultimately put it out of business. He requested the Council reconsider approving this ordinance. Mr. Scott Bechtold appeared regarding Bill No. 95-68 and thanked the Council for their efforts in attempting to regulate this type of activity in the city. Regarding Section 15- 191 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOfI April 3 1 g 95 S-7R�an 447 of the ordinance, he questioned whether there has been any further action to look into the distance requirements as discussed at prior study sessions. Mayor Spradling responded that no action has been taken on that section of the ordinance. Mr. Jeff Krantz announced that the Vision 2000 Survey is complete. He suggested the Council review the results of the survey and address the issues raised. Mr. Gateley questioned when the Council could review this information; the Mayor suggested it be discussed at a future City Council study session. Mr. Gateley announced that on April 18, Vision 2000 will be hosting a public meeting to discuss transportation needs in the city, including street plans and traffic flow, which were issues addressed in the Vision 2000 survey. The following bills were given second and third readings: BILL NO. 95-54 AN ORDINANCE APPROVING THE RECORD PLAT OF GIBONEY WOODS 3RD SUBDIVI5ION BILL NO. 95-66 AN ORDINANCE ENACTING A NEW SECTION 26-231 OF THE CITY CODE AND ESTABLISHING SCHEDULE U ENTITLED "BRIDGE WEIGHT LIMITS" BILL NO. 95-64 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FROM SYDNEY R. POLLACK AND MARILYN YOFFIE POLLACK FOR THE INDEPENDENCE STREET RIGHT TURN LANE EXTENSION BILL NO. 95-67 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 SECTION 18 OF THE FEDERAL TRANSIT ACT, AS AMENDED BILL NO. 95-68 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 second and third readings of BILL NOS. 95-54, 95-66, 95-64, 95-67 and 95-68 were approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, 192 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ $@SSIOCI April 3 1 g 95� S.ia�en Spradling, Williamson. Nays, none. BILL NO. 95-54 is ORDINANCE NO. 1694; BILL NO. 95-66 is ORDINANCE NO. 1695; BILL NO. 95-64 is ORDINANCE NO. 1696; BILL NO. 95-67 is ORDINANCE NO. 1697, BILL NO. 95-68 is ORDINANCE NO. 1698. BILL NO. 95-60 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF THE WEST RIGHT-OF-WAY OF MINNESOTA AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI � The first reading of BILL NO. 95-60 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. 95-69 was given first reading as follows: AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 2 OF THE CODE OF ORDINANCES RELATING TO ORGAIVIZATION OF CITY DEPARTMENTS Mr. Eggimann made a motion, seconded by Mr. Gateley, to approve the first reading of BILL NO. 95-69. Mayor Spradling made a motion, seconded by Dr. Kasten, that the second paragraph of Section 2-50 be amended to read °Public Works" instead of "Public Safety". 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. 95-70 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTTON 26-121 OF THE CITY CODE BY PLACING A STOP SIGN ON CAPE WEST PARKWAY AND RICHMOND STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-70 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. 95-71 was given first reading as follows: AN ORDINANCE GRANTTNG A SPECIAL USE PERMIT TO WEST SIDE CHURCH OF GOD FOR PURPOSES OF CONSTRUCTING, MAINTAIrTING AND OPERATING A CHURCH SIGN AT 2222 BLOOMFIELD ROAD, IN THE CITY AND COLTNTY OF CAPE GIRARDEAU, MISSOURI 193 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOtI April 3 �9 95 S-iR�dn The first reading of BILL NO. 95-71 was approved upov Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-74 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT FROM ST. ANDREW LUTHERAN CHURCH FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The first reading of BILL NO. 95-74 was approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten (abstain), Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-79 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR SANITARY SEWERS AND A5SOCIATED UTILITY WORK The first reading of BILL NO. 95-79 was approved upon I3r. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, � Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-76 was presented as follows: A RESOLUTTON AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL UTILITY AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR RELOCATION OF HIGHWAY 74 The reading of BILL NO. 95-76 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. 95-76 is RFSOLUTION NO. 1039. BILL NO. 95-75 was presented as follows: A RE50LUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETTTTON AND SETTTNG A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION The reading of BILL NO. 95-75 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. 95-75 is RESOLUTTON NO. 1040. 194 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ $eSSlOfI April 3 �9 95 c_�a�dn BILL NO. 95-77 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR THE COMMUIVITY BLOCK GRANT PROGRAM The reading of BILL NO. 95-77 was approved and the resolution adopted upon Mr. Williamson's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. � 95-77 is RFSOLUTION NO. 1041. BILL NO. 95-78 was presented as follows: A RESOLUTTON AUTHORIZING FILING OF APPLICATION WITH THE ENVIRONMENTAL PROTECTION AGENCY, i.TNITED STATES OF AMERICA, FOR A LOAN UNDER THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED, (33 U.S.C. 466, ET SEQ.), AND THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, STATE REVOLVING FUND PROGRAM FOR LOANS � UNDER THE MISSOURI CLEAN WATER LAW, SECTION 644, RSMO The reading of BILL NO. 95-78 was approved and the resolution adopted 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. 95-78 is RESOLUTION NO. 1042. The water main extension to serve the Robert E. Breeding property was 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. An original package liquor, Sunday sales license for Michael and Carol Keen, d/b/a Fill- Up Mart, 1320 West Cape Rock Drive, Michael and Carol Keen, Managing Officers, was conditionally approved upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Regarding the report of the City Council ad hoc committee on city advisory boards, committees and commissions, Dr. Kasten made a motion, seconded ny Mr. Eggimann, to accept the report of the committee. The motion was approved upon 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. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. 195 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOtI April 3 �9 95 s-i e�an . A. . Spradl' g III, Mayor r �. � Gayle . Conrad, Deputy City Clerk � 196 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SBSSIOf1 April 3 19 95 R-ia�dn I !, � THIS PAGE INTENTIONALLY LEFT BLANK i