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HomeMy WebLinkAboutCouncil.Minutes.05-15-1995.Regular 219 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ $eSSlOfI May 15 �g 95 C-1 A')dll REGUI.AR SESSION - MAY 15, 1995 Council convened in regular session on Monday, May 15, 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. Gary Brothers of First Assembly of God Church, and the Pledge of Allegiance was recited. The minutes of the May 1, 1995, regular and executive sessions were approved upon Dr. Kasten's motion, Mr. Williamson'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. Neumeyer's second and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mayor Spradling announced he signed a proclamation declaring May 21-25 as National Public Works Week. This week is to honor and commend all city Public Works employees for the work they do. This being the date set for a public hearing regarding a request of Money-Time Check Cashers, Inc. for a special use pennit for a check cashing and pawn shop and parking at 155 S. Park Ave. and 148 S. West End Blvd. in an R-3, two-family residential district, the hearing was opened. Mr. John Layton appeared on behalf of Money-Time Check Cashers in support of the request. He stated that he felt the Planning and Zoning Commission's recommendation of rejection of the application was influenced by the petition received by the surrounding property owners; however, Mr. Layton presented letters from three residents who signed the petition stating they were not opposed to this business. Another concern of the Commission was the distance of the entrance to the parking lot from the intersection of William and West End Boulevard. Mr. Layton stated that there are similar entrances throughout the city, including the Hardee's entrance on Broadway. Mr. Dan Wilson, Manager of Money-Time Check Cashers, discussed the peak hours of tl�e business and the various entrances to t'r�e ousinesses. Mr. Chester Blayl�e�c, 108 S. West En�Blvd., appeared in opposition to the special use pennit stating this is not the proper type of business to have in a residential neighborhood. Mr. Marion Coburn, 140 S. Park, appeared in opposition to the special use pennit stating he did not want this type of business in a residential neighborhood. 220 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SgSSIOfI May 15 �9 95 c ta�en There being no further appearances, the hearing was closed. � ' BILL NO. 95-104 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO MONEY-TIME CHECK CASHERS, INC. FOR PURPOSES OF MAINTAIIVING AND OPERATING CHECK CASHING, PAWNSHOP AND PARKING AT 155 SOUTH PARK AVENUE AND 148 SOUTH WEST END BOULEVARD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Williamson made a motion, seconded by Dr. Kasten to approve the first reading of BILL NO. 95-104. The motion was defeated upon the following vote: Ayes, None. Nays, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. This being the date set for a public hearing regarding the past performance in carrying out a 1993 Emergency Disaster Fund Grant under the Community Development Block Grant Industrial Infrastructure Program, the grant project is as follows: Mid South Steel Products, Inc. to construct approximately 2,744 feet of sanitary sewer lines in the area of Southern Expressway and Corporate Circle, the hearing was opened. There being no appearances, the hearing was closed. Mr. Doyle Wilson appeared and presented pictures of a piece of property in the 1400 block of Rand Street. The property is a nuisance and contains vehicles, rubbish and several dogs. He cited several sections of the city code he felt were being violated and questioned what the city could do to enforce these regulations. Mayor Spradling responded that if a proper complaint is made, the property owner can be cited to Municipal Court. Mr. Louis Hogan appeared and stated he was the owner of the property in question. He stated that his property is presently in compliance with city code. The city has in the past and does continually advise him if he is ever in violation, and he cleans up the property. He stated he felt the neighborhood committee is against him and will not leave him alone even though the Municipal Judge has advised them otherwise. Mayor Spradling stated to Mr. Hogan that he may have a remedy against the committee through the Civil Courts and suggested he contact a private attorney about this matter. Ms. Opal McManus appeared and questioned where the City Council was at regarding a domestic animal ordinance. Mayor Spradling responded he is still discussing this with the City Attorney. Mr. Williamson requested that Mr. Fischer explain the process for following up on the City Council Report of Citizen Concern/Inquiry Fonn. Mr. Fischer stated that anytime a concern is received from a City Council Member, the department that is responsible is contacted. They look into the matter, respond to the City Manager's office, and the City Manager or his office responds to the Council member or citizen. 221 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ $@SSIOfI May 15 1 g 95 C.�a�en Mr. Williamson also requested the city look into an erosion problem that is occurring on Rand Street due to the recent rains. The following bills were given second and third readings: BILL NO. 95-91 AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM ROSS K. HARMON AND ELMA HARMON FOR THE LEXINGTON AVENUE EXTENSION PROJECT BILL NO. 95-92 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND A QUIT CLAIM DEED FROM KELSO DEVELOPMENT CORPORATION FOR THE LEXINGTON AVENUE EXTENSION PROJECT BILL NO. 95-93 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CAPE GIRARDEAU SCHOOL DISTRICT NO. 63 FOR THE NORTH SPRIGG STREET EXTENSION PROJECT BILL NO. 95-94 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FROM LORETTA ANN GRAETZ ARMBRUSTER AND CHRISTOPHER ARMBRUSTER, BRYAN CHARLES UNTERREINER, MICHAEL HERBERT GRAETZ AND RACHEL GRAETZ, AND JEFFREY S. UNT'ERREINER AND LISA M. UNTERREINER FOR THE CITY WATER DISTRIBUTION SYSTEM BOOSTER STATION BILL NO. 95-89 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DONIVIE R. SHUCK AND ELEANOR R. SHUCK, FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING MINI-STORAGE UIVITS AT 1733, 1733 REAR AND 1749 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-90 AN ORDINANCE APPROVING THE RECORD PLAT OF RANDOL FAR1�iS FIRST ADDITION SUBDIVISION, AMENDED BILL NO. 95-99 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMIVITY AGREEMENT WITH ALBERT LOOS BY JUAIVITA LOOS NORRIS AS POWER OF ATTORNEY, FOR A DRIVEWAY ON AN ALLEY EASEMENT BETWEEN PENNY LANE AND LOUIS STREET 222 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOCI May 15 19 95 ,s �a BILL NO. 95-100 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND A TEMPORARY CONSTRUCTION EA5EMENT FROM MIDAMERICA HOTELS CORPORATION FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The second and third readings of BILL NOS. 95-91, 95-92, 95-93, 95-94, 95-89, 95-90, 95-99 AND 95-100 were approved and the ordinances adopted 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. 95-91 is ORDINANCE NO. 1712; BILL NO. 95-92 is ORDINANCE NO. 1713; BILL NO. 95- 93 is ORDINANCE NO. 1714; BILL NO. 95-94 is ORDINANCE NO. 1715; BILL NO. 95-89 is ORDINANCE NO. 1716; BILL NO. 95-90 is ORDINANCE NO. 1717; BILL NO. 95-99 is ORDINANCE NO. 1718; BILL NO. 95-100 is ORDINANCE NO. 1719. BILL NO. 95-101 was given first reading as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF THE CONSTANCE W. HARRIS TRUST The first reading of BILL NO. 95-101 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. 95-102 was given first reading as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF CAPE GIRARDEAU LODGE NO. 639 BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE LTNITED STATES OF AMERICA, A NOT-FOR-PROFIT CORPORATION The first reading of BILL NO. 95-102 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. 95-103 was given first reading as follows: AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO INCLUDE PROPERTIES OF THE CAPE GIRARDEAU LODGE NO. 639 ORDER OF ELKS AND THE CONSTANCE HARRIS TRUST BEING CONCURRENTLY ANNEXED, MAY, 1995 The first reading of BILL NO. 95-103 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. 223 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $eSSlOfI May 15 1 g 95 C_7A'Jdn BILL NO. 95-108 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANGER TO EXECUTE AN AGREEMENT WITH APEX PAVING COMPANY FOR THE 1994-1995 STREET OVERLAY PROGRAM The reading of BILL NO. 95-108 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-108 is RESOLUTION NO. 1050. BILL NO. 95-112 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH DAVID FORD, D/B/A FORD CON5TRUCTION The reading of BILL NO. 95-112 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. 95-112 is RESOLUTION NO. 1051. BILL NO. 95-107 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEA5E OF LIEN FOR THE COMMUIVITY BLOCK GRANT PROGRAM The reading of BILL NO. 95-107 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. 95-107 is RFSOLUTION NO. 1052. BILL NO. 95-110 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PRECISION ROOFING FOR THE WASTEWATER TREATMENT PLANT ROOF REPLACEMENT The reading of BILL NO. 95-ll0 was approved and the resolution adopted upc7 Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann; Gateley, Kasten, Neurneyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-110 is RESOLUTION NO. 1053. � BILL NO. 95-111 was presented as follows: 224 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SeSSIOfI May 15 19 95 A RESOLUTION AUTHORIZING THE CITY MANGER TO EXECUTE A CONTRACT WITH BBL BUILDING AND COMPONENTS FOR AN EQUIPMENT � SHED The reading of BILL NO. 95-111 was approved and the resolution adopted upon Mr. Gateley's ►notion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-111 is RESOLUTION NO. 1054. BILL NO. 95-113 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO AN AGREEMENT DATED SEPTEMBER 7, 1994, WITH SVERDRUP CIVIL, INC. FOR ENGINEERING SERVICES FOR VARIOUS SANITARY SEWER SEGREGATION AND PIPING PROJECTS The reading of BILL NO. 95-113 was approved and the resolution adopted upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-113 is RESOLUTION NO. 1055. An original package liquor license for Kenneth Unnerstall, d/b/a Unnerstall Drug, 630 Good Hope, Kenneth John "Sam" Unnerstall, Managing Officer, was renewed upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The following original package (iquor, Sunday Sales licenses were approved upon Dr. Kasten's motion, Mr. Williamson's second, and the followirig vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Bi-State Oil Co. d/b/a Bi-State Oil, 920 N. Kingshighway, Robert Blank, Managing Officer Cooper Oil Co., Inc. d/b/a Cape Coastal Mart #2, 1455 N. Kingshighway, Russell R. Straughan, Managing Officer Rhodes City Truck Plaza, Inc. d/b/a Rhodes 101 Stop, 449 S. Kingshighway, Paul Richard Dirnberger, Managing Officer. There being no further business, the Council adjourned upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. ays, no . . . � A. . Sprad ing III, May , Deputy City Clerk .1��� �e � Ik�l�,,