HomeMy WebLinkAboutCouncil.Minutes.04-03-1995.Regular 189
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ SeSSIOtI April 3 19 95
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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
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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-
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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,
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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
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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.
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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.
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A. . Spradl' g III, Mayor
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Gayle . Conrad, Deputy City Clerk
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