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HomeMy WebLinkAboutCouncil.Minutes.07-05-1994.Regular 537 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SS1011 July 5 i 9 94 SLL.13703 REGiJI.AR 5ESSION - JIJLY 5, 1994 Council convened in regular session on Monday, July 5, 1994, at 7:30 p.m. with Mayor A1 Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin Kasten, Tom Neumeyer and JJ Williamson present. The invocation was presented by Rev. Allen Berry of Red Star Baptist Church, and the Pledge of Allegiance was recited. Prior to the regular session, council convened in executive session for the purpose of discussing litigation, property acquisition and personnel issues upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The minutes from the June 20, 1994, Regular and Executive Sessions were approved upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Gateley questioned whether the legislators had been invited to attend a City Council study session. Mr. Fischer explained that he is in the process of contacting them. The agenda was adopted as distributed to the Council upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. This being the date set for a public hearing regarding the request of Boyd Missouri, Inc. to rezone 230 North Main Street (lot at southeast corner of Main Street and Bellevue Street extended) from R-4, multiple family residential district, to C-3, central business district, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing the request of Boyd Missouri, Inc.; Downtown Parking, Inc.; Kidd Oil Co.; Cape Girardeau Downtown Investment Co.; J.D. Main; and Keith Huckstep for a special use permit for land side support facilities and parking for an excursion riverboat gaming vessel along the east side of Main St., from Broadway to Mason St. (excluding the Walker tract), and including the Buckner- Ragsdale building (132 N. Main and 133 N. Water Streets); 231 N. Main St.; 535 N. Main St. and adjoining vacant lots to the south; 201 and 203 N. Spanish St.; and a small outlying lot in the 200 block of N. Spanish St. on the east side of Spanish St.; the hearing was opened. Mr. Michael Brady of Boyd Gaming appeared and requested that special condition number 5 of the Special Use Permit be for 12 months instead of 6 months. There being no further appearances, the hearing was closed. This being the date set for a public hearing regarding the request of the Society for the Propagation of the Faith and Cape Girardeau Properties, L.P. for a special use permit for housing for the elderly and disabled/handicapped on the northeast corner of Linden St. and South West End Blvd. in an R-4, multiple family residential district, and C-1, 538 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOCI July 5 19 94 SLL.13703 local commercial district, the hearing was opened. Mr. Steve Holden of Cape Girardeau Properties appeared and indicated they intend to build a 40 unit housing complex for the elderly and handicapped. There being no further appearances, the hearing was closed. This being the date set for a public hearing regarding the request of Evangelical United Church of Christ for a special use permit for a sign at 37 South Ellis Street in an R-4, multiple family residential district, the hearing was opened. There being no appearances, the hearing was closed. Mayor Spradling stated that David Gerlach contacted him and requested that the appearance regarding Kent Street be removed from the agenda. Mr. GiuGo Venezian, 2415 Saddleridge, appeared and stated that he and his neighbors had been bothered by construction noise in the Abbey Street, Le�ngton Avenue area. He was told by the Assistant City Attorney that under the present peace disturbance ordinance nothing could be done. Mr. Venezian requested that the city's peace disturbance ordinance be reviewed and/or amended to limit the time of excessive noises. Mr. Williamson announced that the River Heritage Black Family Reunion will be held August 12-14 at Arena Park and is being co-sponsored by the Chamber of Commerce. He requested that the City assist with this event as best it can to help make it a successful event. Mr. Fischer responded that the city will help with the event as it does with other events in the city. The following bills were given second and third readings: BILL NO. 94-145 AN ORDINANCE ACCEPTING A GENERAL WA►�tRANTY DEED FROM THE CAPE GIRARDEAU COUNCIL ON AGING FOR THE CAPE LA CROIX CREEK/ WALKER BRANCH FLOOD CONTROL PROJECT BILL NO. 94-152 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO BEACON BUILDERS, INC. FOR REPAIR AND RESTORATION OF A SEWAGE , TREATMENT PLANT FACILITY TO SERVE CHATEAU OAKS II SUBDIVISION BILL NO. 94-148 AN ORDINANCE REAFFIRNIING THE ACTTON OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, PROVIDING FOR THE PAYMENT OF THE WORK, AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BILLS IN AN AMOITNT NOT TO EXCEED $0.22 PER SQUARE FOOT IN PAYMENT OF THE COST OF SAME ON 539 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI July 5 1994 SLL.13703 SEWERS FOR PART OF BELLERIDGE SUBDIVISION, LATERAL SEWER DISTRICT NO. 14-1-D-2, WITH THE BALANCE TO BE PAID FROM GFNF.�2Ai• REVENUE FUND5, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOS. 94-145, 94-152, and 94-148 were approved and the ordinances adopted upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-145 is ORDINANCE NO. 1561; BILL NO. 94-152 is ORDINANCE NO. 1562; BILL NO. 94-148 is ORDINANCE NO. 1563. BILL NO. 94-125 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZOIVING OF A LOT AT THE SOUTHEAST CORNER OF MAIN STREET AND BELLEVUE STREET EXTENDED, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 TO C-3 The first reading of BILL NO. 94-125 was approved upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-157 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO BOYD MISSOURI, INC.; DOWNTOWN PARKING, INC.; HIDD OIL COMPANY; CAPE GIRARDEAU DOWNTOWN INVESTMENT COMPANY; J. D. MAIN; AND KIITH HUCKSTEP, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING LAND SIDE SUPPORT FACILITIES AND PARKING FOR AN EXCURSION RIVERBOAT GAMING VESSEL IN DOWNTOWN CAPE GIRARDEAU, IN THE CITY AND COLTNTY OF CAPE GIRARDEAU, MISSOURI Mr. Williamson made a motion, seconded by Mr. Neumeyer, to approve the first reading of BILL NO. 94-157. Mr. Eggimann made a motion to amend Special Condition No. 5 of the Special Use Permit by changing the length of the permit from 6 months to 12 months. The amending motion was approved upon the following vote: Ayes, Eggunann, Kasten, Gateley, Neumeyer, Spradling, Williamson. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-165 was given first reading as follows: 540 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SS1011 July 5 i 9 94 SLL.13703 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SOCIETY FOR THE PROPAGATION OF THE FAITH AND CAPE GIRARDEAU PROPERTIES, L.P., FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING HOUSING FOR THE ELDERLY AND DISABLED/HANDICAPPED ON TI� NORTHEAST CORNER OF LINDEN STREET AND SOUTH WEST END BOLTLEVARD, IN THE CITY AND COLTNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-165 was approved upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-168 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO EVANGELICAL UNITED CHURCH OF CHRIST, FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING A SIGN AT 37 SOUTH ELLIS STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-168 was approved upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-158 was given first reading as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF MARY POTASHrTICK HARRISON; CLOTHILDA ANN HARRISON BRINKOPF; CHARLES R. HARRISON; AND REGINALD BASIL HARRISON The first reading of BILL NO. 94-158 was approved upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-159 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE P OF SECTTON 26-248 OF TFiE CITY CODE BY REPEALING A LOCATION ON FRANKLIN STREET The first reading of BILL NO. 94-159 was approved upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-166 was given first reading as follows: 541 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI July 5 19 94 SLL.13703 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY PLACING STOP SIGNS ON SILVER SPRINGS ROAD AT THENIIS STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-166 was approved upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-170 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF MT. AUBURN SUBDIVISION NO. 7 The first reading of BILL NO. 94-170 was approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-173 was given first reading as follows: AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, PROVIDING FOR THE PAYMENT OF THE WORK, AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BILLS IN AN AMOUNT NOT TO EXCEED $25.00 PER FRONT FOOT IN PAYMENT OF THE CO5T OF SAME ON LEXINGTON AVENUE - PHASE IV, FROM THE CENTERLINE OF PERRYVILLE ROAD EAST THROUGH NORTHFIELD FIRST SUBDIVI5ION A DISTANCE OF 1,919.13 FEET; WITH THE BALANCE TO BE PAID FROM GENERAL REVENUE FUND5, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Dr. Kasten made a motion, seconded by Mr. Neumeyer to approve the first reading of BILL NO. 94-173 and to accept the improvement of Le�ngton Avenue, Phase IV, and to authorize final payment to Nip Kelley Equipment Company. Mr. Eggimann made an amending motion, seconded by Mr. Williamson, that liquidated damages not be assessed against the contractor as stated in the Engineer's Fina1 Report. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-153 was presented as follows: 542 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular SeSSIOCI Julv 5 19 94 SLL.13703 A RESOLUTTON AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES WITH BLACK & VEATCH FOR CAPE LA CROIX TRUNK SEWER PHASE IV, DETENTTON BASIN EXTENSION The reading of BILL NO. 94-153 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-153 is RESOLUTION NO. 947. BILL NO. 94-160 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CAPE GIRARDEAU REDEVELOPMENT CORPORATION The reading of BILL NO. 94-160 was approved and the resolution adopted upon Mr. Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-160 is RESOLUTTON NO. 948. BILL NO. 94-162 was presented as follows: A RESOLUTION FURTHER ACKNOWLEDGING RECEIPT OF ANNEXATION PETITIONS AND SETTING A DATE FOR PUBLIC HEARING ON SAID PETITION The reading of BILL NO. 94-162 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-162 is RFSOLUTTON NO. 949. BILL NO. 94-163 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SALVATION ARMY OF CAPE GIRARDEAU FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MIS50URI DEPARTMENT OF SOCIAL SERVICES - DIVISION OF FAMILY SERVICES The reading of BILL NO. 94-163 was approved and the resolution adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-163 is RFSOLUTION NO. 950. BILL NO. 94-164 was presented as follows: 543 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOtI July 5 19 94 SIL.13703 A RESOLUTTON AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SAFE HOUSE FOR WOMEN, INC. FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES - DIVISION OF FAMILY SERVICES The reading of BILL NO. 94-164 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-164 is RFSOLLTTTON NO. 951. BILL NO. 94-167 was presented as follows: A RESOLUTTON AUTHORIZING THE CITY MANAGER TO EXECUTE A STATE BLOCK GRANT AGREEMENT WITH THE STATE HIGHWAY AND TRANSPORTATION CONIlVIISSION FOR IMPROVEMENTS AT THE CAPE GIRARDEAU MITNICIPAL AIRPORT The reading of BILL NO. 94-167 was approved and the resolution adopted upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-167 is RESOLUTTON NO. 952. BILL NO. 94-161 was presented as follows: A RESOLUTTON ESTABLISHING COUNCIL POLICY FOR FEE INCREASES The reading of BILL NO. 94-161 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-161 is RFSOLUTION NO. 953. Mayor Spradling asked how this would apply to State or Federally mandated costs. Mr. Eggimann replied that issue would have to be considered at that time. Mr. Eggimann stated that he voted in favor of this policy because many people have difficulty paying their present fees, and under this policy, any proposed fee increase above five percent would call for a vote of the people. BILL NO. 94-169 was presented as follows: A RESOLUTION ADOPTING FEDERAL COMMLTIVICATIONS COMIVIISSION RULES FOR THE REGULATION OF BASIC TIER CABLE TELEVI5ION RATES The reading of BILL NO. 94-169 was approved and the resolution adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-169 is RESOLUTION NO. 954. 544 Proceedings of the City Council, City of Cape Girardeau; Mo. Regular S@SSIOCI July 5 19 94 S1L.13703 BILL NO. 94-172 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WATER SERVICES OUTSIDE THE CITY WITH JAMES B. AND BALINDA M. GOGGIN The reading of BILL NO. 94-72 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-172 is RESOLUTION NO. 955. BILL NO. 94-171 was presented as follows: A RESOLUTION ADOP'TING A NEW DISADVANTAGED ENTERPRISE PROGRAM FOR THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 94-171 was approved and the resolution adopted upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-171 is RESOLtTTION NO. 956. Mr. Eggimann made a motion, seconded by Mr. Neumeyer, that the City Manager � withdraw an Application to the Missouri Highway and Transportation Department for funds for the Mt. Tabor Trail Section of the Bloomfield Road Historical Trail, as . outlined in Bill No. 94-150, passed and approved by the City Council at their June 20, 1994, meeting. Mr. Eggimann stated that there is no guarantee the city has matching funds available for this grant, and the city would be responsible for maintenance costs and installation of all trail appurtenances, including fountains, restrooms and shelters. Mayor Spradling stated that recreation is an important aspect of the city, and the city is expanding to the west, which is where this trail is located. Mr. Gateley inquired as to why the Park and Recreation Advisory Board did not review and have input on this project. Mayor Spradling responded that it was due to the timing limits of submittal of the application. After discussion, the motion was approved upon the following roll call vote: Eggimann, aye; Gateley, aye; Kasten, nay; Neumeyer, aye; Spradling, nay; Williamson, aye. An out-of-district sewer permit for a sewer connection into Sewer District 14-M for property owned by Joe Kluesner at 2807 Perryville Road was authorized upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mayor Spradling made a motion, seconded by Mr. Eggimann, that Mr. Gateley, Dr. Kasten and Mr. Williamson serve on a committee to develop a public relations policy for the City of Cape Girardeau. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. J. 545 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI July 5 19 94 SLL.13703 Ronald Fischer, City Manager, stated that the City staff would be available to assist the committee if they so desire. Mayor Spradling appointed Mr. Gateley Chaitman of the committee. The sanitaiy sewer improvements to serve Sewer District 14-1-D-2, part of Belleridge Subdivision were accepted, and final payment to Robertson Contractors was authorized upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The sanitary sewer unprovements to serve Sewer District 13-A in the Brink 5treet area were accepted, and final payment to Bloomsdale Excavating Co., Inc. was authorized upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The improvements to the West Side Relief Sewer and the modifications of the e�sting outfall and trunk sewers crossing I-55 at the proposed Highway 74 interchange were accepted, and fmal payment to KCO Construction Company, Inc. was authorized upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The preliminary plat of Six-Thirty Second Subdivision was approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, 5pradling, Williamson. Nays, none. Mr. Gateley made a motion, seconded by Mr. Eggimann, directing city staff to prepare a three to five year plan for extension of the water system to serve Meadowbrook Subdivision, including cost estimates. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. A. M. Spradling III, Ma '�.�� , , , Gayle� . Conrad, Deputy City Clerk 546 Proceedings of the City Council, City of Cape Girardeau, Mo. Session 19 SLL.13703 THIS PAGE INTENTIONALLY LEFT BLANK