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HomeMy WebLinkAboutCouncil.Minutes.06-05-1995.Regular 225 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $2SSIOf1 June 5, 19 95 s-ie�an REGULAR SES5ION - JUNE 5, 1995 Council convened in regular session on Monday, June 5, 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 J.J. Williamson present. Prior to the regular session, the Council convened in executive session for the purpose of discussing contract negotiation and personnel matters upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The invocation was presented by Rev. Roy Jones, Director of Missions, Cape Girardeau Baptist Association, and the Pledge of Allegiance was recited. The minutes of the May 15, 1995, regular session were approved upon Mr. Gateley's motion, Mr. Eggimann'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 the application of TCI Cablevision of Missouri, Inc. for a new franchise agreement for operation of a cable television system in the City of Cape Girardeau, the hearing was opened. Mr. Michael Maguire, Chairman of the Cable Television Citizens Committee, appeared before the Council to express the committee's support of BILL NOS. 95-105 and 95-106. He also stated that the committee would be willing to oversee operation of the local access channel. Other committee members present were Ms. Cynthia Adams, Ms. Miki Gudennuth, Rev. Roy Jones, and Mr. Bruce Mims. There being no further appearances, the hearing was closed. BILL NO. 95-105 was given first reading as follows: AN ORDINANCE AUTHORIZING THE GRANTING OF FRANCHISES TO OPERATE AND MAINTAIN CABLE COMMLTNICATION SYSTEMS IN THE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTS OF FRANCHISES; PROVIDING FOR CITY REGULATION AND ADMINISTRATION OF SUCH CABLE COMMLT1vICATIONS SYSTEMS; AND PRESCRIBING PENALTIES FOR VIOLATION OF THE FRANCHISE PROVISIONS The first reading of BILL NO. 95-105 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. 226 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SBSSIOf1 June 5, 19 95 c-ia�an BILL NO. 95-106 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CABLE CONIMUIVICATION FRANCHISE AGREEMENT WITH TCI CABLEVISION OF MISSOURI, INC. The first reading of BILL NO. 95-106 was approved upon Dr. Kasten'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 a proposed amendment to Section 30-21 of the Zoning Ordinance to allow greenhouses and nurseries in C-1, local commercial zoning districts, without a special use permit, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the proposed annual operating budget for fiscal year 1995-1996 for the City of Cape Girardeau, the hearing was opened. There being no appearances, the hearing was closed. Dr. John Schneider, representing the Historic Preservation Commission, appeared before the Council to present a new procedural handbook for historic buildings. Mr. Harry Rediger, representing the Planning and Zoning Commission, appeared before the Council in support of BILL NO. 95-121. Mr. Rediger also recommended that the following actions be strongly considered by the Council: 1. Establish a transportation trust fund for all the funding and expenditures so that said funding and project expenditures can be properly monitored by the staff, the Council, the Commission, and the taxpayers. 2. Establish policies that relate to the issues of right-of-way acquisition, the methods of such, the costs, and special assessment costs, cost limits, etc. BILL NO. 95-121 was given first, second, and third readings as follows: AN ORDINANCE CALLING AN ELECTION IN THE CITY ON THE QUESTION WHETHER THE CITY SHALL IMPOSE A SALES TAX OF ONE-HALF OF ONE PERCENT FOR TRANSPORTATION PURPOSES The first, second, and third readings of BILL NO. 95-121 were approved 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. 95-121 is ORDINANCE NO. 1724. 229 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI June 5, �9 95 S-�a�en Mr. Gateley made a motion, which was seconded by Mr. Eggimann, to amend the 1995- 96 budget by capping sales tax revenues at 6% and that any funds received above this amount be placed in a "rainy day" fund. Following discussion, a motion was made by Mr. Eggimann and seconded by Mr. Williamson to accept Mr. Gateley's motion with the amendment that sales tax revenues would be capped at 7% rather than 6%. This motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The first reading of BILL NO. 95-115 was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, Rickard. BILL NO. 95-123 was given first reading as follows: AN ORDINANCE AMENDING CI�APTER 29 OF THE CITY CODE RELATING TO SEWER SERVICE CHARGES A motion was made by Dr. Kasten and seconded by Mr. Williamson to approve the first reading of BILL NO. 95-123. Following discussion, a motion was made by Mr. Gateley and seconded by Mr. Eggimann to table BILL NO. 95-123 and refer to staff for alternatives. This motion was approved upon the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, Kasten, Rickard. BILL NO. 95-122 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KELLEY TRANSPORTATION CO., INC. FOR 5UBSIDIZED TRANSPORTATION COUPON SERVICES The first reading of BILL NO. 95-122 was approved 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. 95-120 was given first reading as follows: AN ORDINANCE AMENDING SECTION 7-28 OF THE CITY CODE RELATING TO THE BOCA NATIONAL BUILDING CODE/1993 The first reading of BILL NO. 95-120 was approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-119 was given first reading as follows: 230 Proceedings of the City Council, City of Cape Girardeau, Mo. ' , Regular _ S2SSIOf1 June 5, 19 95 S-ia�en AN ORDINANCE AMENDING ARTICLE XIV OF CHAPTER 15 OF THE CITY CODE RELATING TO CONSTRUCTION TRADES LICENSES The first reading of BILL NO. 95-119 was approved upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following roll call vote: Mr. Eggimann, Nay; Mr. Gateley, Aye; Dr. Kasten, Aye; Mr. Neumeyer, Aye; Mr. Rickard, Nay; Mr. Spradling, Aye; Mr. Williamson, Aye. BILL NO. 95-124 was given first, second, and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF OAKLAND HILLS E5TATES SUBDIVISION The first, second, and third readings of BILL NO. 95-124 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. BILL NO. 95-124 is ORDINANCE NO. 1723. BILL NO. 95-118 was given first, second, and third readings as follows: AN ORDINANCE ACCEPTING GRANT FUNDING FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES FOR AN EMERGENCY SHELTER GRANT The first, second, and third readings of BILL NO. 95-118 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. BILL NO. 95-118 is ORDINANCE NO. 1725. BILL NO. 95-127 was presented as follows: A RESOLUTTON AUTHORIZING THE CITY MANAGER TO FINALIZE NEGOTIATIONS FOR HEALTH INSURANCE AND DENTAL INSURANCE CONSISTENT WITH PROPOSALS SUBMITTED The reading of BILL NO. 95-127 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. 95-112 is RESOLUTION NO. 1056. BILL NO. 95-126 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GEORGE BUTLER ASSOCIATES, INC. FOR THE LOCUST/MAPLE NEIGHBORHOOD RESTORATION PROJECT 227 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOfI June 5, 19 95 S-1H�en Mr. William Kuss appeared to request that the Council accept the petition of property owners to pave Commercial Street from Walnut Street to Hickory Street with the City paying 100% of the cost. Ms. Selma Crisler also appeared in favor of the petition. Following discussion, a motion was made by Mr. Gateley and seconded by Mr. Rickard to reject the petition to pave Commercial Street from Walnut Street to Hickory Street as requested, at full cost to the City. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson, Nays none. Mr. Eggimann abstained. A motion was made by Mr. Gateley and seconded by Mr. Eggimann to refer to the staff the issue of traffic flow, turn signals, and street painting throughout the city. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Gateley stated that he would provide a list to staff. A motion was made by Mr. Gateley and seconded by Mr. Eggimann to place the issue of public transportation on the June 19, 1995, agenda for discussion only and invite the Community Caring Transportation Committee to that meeting. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Eggimann commended the Public Works Department for their quick response to the report of a tree that had fallen across Jewell Street. He also expressed his appreciation to the staff for their followup on the upgrade of street lighting in the southeast area of Cape Girardeau. The following bills were given second and third readings: BILL NO. 95-101 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF THE CONSTANCE W. HARRIS TRUST BILL NO. 95-102 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQLTEST OF CAPE GIRARDEAU LODGE NO. 639 BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE UIVITED STATES OF AMERICA, A NOT-FOR-PROFIT CORPORATION BILL NO. 95-103 AN ORDINANCE AMENDING THE BOUNDARIFS 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 228 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ $@SSIOfI June 5, 1 g 95 R_1A9en The second and third readings of BILL NOS. 95-101, 95-102, and 95-103 were approved and the ordinances 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. 95-101 is ORDINANCE NO. 1720; BILL NO. 95- 102 is ORDINANCE NO. 1721; and BILL NO. 95-103 is ORDINANCE NO. 1722. BILL NO. 95-114 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO FLORIST SHOPS, GREENHOU5ES, PLANT SHELTERS AND NURSERIES The first reading of BILL NO. 95-114 was approved upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, 5pradling, Williamson. Nays, none. BILL NO. 95-116 was given first reading as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU UPON THE REQUEST OF WAYNE AND LOUIS KOEHLER; CHRIS AND STEPHAIVIE KOEHLER; AND STEPHAN KOEHLER The first reading of BILL NO. 95-116 was approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, Eggimann, Rickard. BILL NO. 95-117 was given first reading as follows: AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO INCLUDE PROPERTIES OF WAYNE AND LOUIS KOEHLER, CHRIS AND STEPHArTIE KOEHLER, AND STEPHAN KOEHLER The first reading of BILL NO. 95-117 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. 95-115 was given first reading as follows: AN ORDINANCE ADOPTING THE ANNUAL OPERATTNG BUDGET FOR THE FTSCAL YEAR BEGINIVING JULY 1, 1995 A motion was made by Dr. Kasten and seconded by Mr. Neumeyer to approve the first reading of BILL NO. 95-115. 231 � Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ $@SSIOfI June 5, 1 Q 95 S-ia�an ' The reading of BILL NO. 95-126 was approved and the resolution 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. 95-126 is RFSOLUTION NO. 1057. BILL NO. 95-109 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PROJECT AGREEMENT NUMBER 3 WITH CRAWFORD, MURPHY, AND TILLY, INC. FOR Er1JINEERING SERVICES FOR WORK AT THB CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 95-109 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. 95-109 is RFSOLUTION NO. 1058. BILL NO. 95-125 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENT NO. 1 TO CONTRACT WITH ENGINEERING SERVICES WITH BLACK & VEATCH FOR WATER SYSTEM IMPROVEMENTS The reading of BILL NO. 95-125 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. 95-125 is RESOLUTION NO. 1059. Mr. Mark Buerk was appointed to the Board of Adjustment for a term expiring September 4, 1995, upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Ms. Bonnie Gerecke was appointed to the Vision 2000 Community Relations Council for a term expiring December 31, 1997, upon Mr. Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The temporary 5% beer by the drink license for Roger English, d/b/a Louis K. Juden American Legion #63, for an event to be held June 9-11, 1995 at the A.C. Brase Arena Building, was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. 232 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ $@SSIOfI June 5, �9 95 S_in�an The temporary 5% beer by the drink license for poris J. Hinck, d/b/a Cape Girardeau Pilots Club, for an event to be held July 21-23, 1995, at the Cape Girardeau Regional Airport, was approved upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The following liquor licenses were renewed upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Original Package Liquor: J.D. Street & Co., Inc. d/b/a Cape Citgo, 5 Farrar Drive, Darrel L. Huisinga, Managing Officer Jesse Obermiller, d/b/a Travelers Garage, 104 N. Sprigg, Jesse Obermiller, Managing Officer Original Package Liquor, S% Beer: M & H Drugs, d/b/a Super D, 2281 Broadway, Harold J. Werner, Managing Officer Original Package Liquor, Sunday Sales: Cooper Oil Co., Inc. d/b/a Cape Coastal Mart #1, 2012 William, Russell R. Straughan, Managing Officer Host Enterprises, Inc. d/b/a Winks Convenience Store, 2861 Themis, Kevin Stanfield, Managing Officer Original Package Liguor, Wine Tasting, Sunday Sales: Schnucks Markets, Inc. d/b/a Schnucks, 121 S. Sprigg, Robert Wiegert, Managing Officer Schnucks Markets, Inc. d/b/a Schnucks, 19 S. Kinghighway, Gary Joseph Meyer, Managing Officer 5% Beer By Drink, �ne Tasting: Midwest Energy Inc. d/b/a Ye Ole House, 120 Broadway, Laura Younghouse, Managing Officer Retail Liquor by the Drink.• Jaynne Brown d/b/a Ed's Bar, 519-21 Good Hope, Jaynee Brown, Managing Officer Alberta McAllister d/b/a The Pony Lounge, 1611 Independence, Alberta McAllister, Managing Officer Retail Liquor By the Drink, Sunday Sales: William Bond d/b/a Columbus Club Assn., 318 S. Spanish, Stephen W. Reynolds, Managing Officer Michael Seib d/b/a West Park Bowling Lanes, 354 Silver Springs, Michael B. Seib, Managing Officer 3.2% Non-Intoxicating Beer By Drink: William Bond, d/b/a Columbus Club Assn., 318 S. 5panish, Stephen W. Reynolds, Managing Officer 233 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SeSSIOfI June 5, 19 95 5-18240 -- - The request for renewal of a retail liquor by the drink license for Pryor & Parker, Inc. d/b/a Taste Restaurant and Lounge, 402 Good Hope, Barbara Treece, Managing Officer, was tabled upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. A motion was made by Dr. Kasten and seconded by Mr. Eggimann to approve the improvement plans for the proposed realignment of Siemers Drive in Cape West 7th Subdivision. 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. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. � . M. Spradling III, M � Julie . Dale, Deputy City Clerk 234 Proceedings of the City Council, City of Cape Girardeau, Mo. _ Session 19 s-ia�an (THIS PAGE INTENTIONALLY LEFT BLANK. )