HomeMy WebLinkAboutCouncil.Minutes.07-18-1994.Regular 549
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SeSSiOC1 July 18 19 ��
SLL.13703
REGULAR SESSION - JULY 18, 1994
Council convened in regular session on Monday, July 18, 1994, at 7:30 p.m. with Mayor
Al 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 and personnel issues upon Mr. Gateley's motion, Mr. Williamson's
second, and the following vote: Ayes, Eggimann, Gateley,Kasten, Neumeyer, Spradling,
Williamson. Nays, none.
The minutes from the July 5, 1994, Regular and Executive Sessions were approved upon
Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none.
The agenda was adopted as distributed to the Council upon Dr. Kasten's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Spradling, Williamson. Nays, none.
This being the date set for a public hearing regazding a petition for voluntary annexation
by the owners of certain real estate located on County Road 205 (Bloomfield Road),
County Road 206) Benton Hill Road, and Wolf Lane in Briarwood Estates, southwest of
the City of Cape Girardeau, the hearing was opened. There being no appearances, the
hearing was closed.
The following bills were given second and third readings:
BILL NO. 94-125 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, BY CHANGING THE ZONING 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
BILL NO. 94-157 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
BOYD MISSOURI, INC.; DOWNTOWN PARKING, INC.;
KIDD OIL COMPANY; CAPE GIRARDEAU DOWNTOWN
INVESTMENT COMPANY; J. D. MAIN; AND KEITH
HUCKSTEP, FOR PURPOSFS OF CONSTRUCTING,
MAINTAIIVING AND OPERATING LAND SIDE SUPPORT
FACILITIES AND PARKING FOR AN EXCURSION
RIVERBOAT GANIING VESSEL IN DOWNTOWN CAPE
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GIRARDEAU, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 94-165 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, MAINTAINING AND OPERATING
HOU5ING FOR THE ELDERLY AND
DISABLED/HANDICAPPED ON THE NORTHEAST CORNER
OF LINDEN STREET AND SOUTH WEST END
BOLTLEVARD, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 94-168 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
EVANGELICAL iJNITED CHURCH OF CHRI5T, FOR
PURPOSES OF CONSTRUCTING, MAINTAIIVING AND
OPERATING A SIGN AT 37 SOUTH ELLIS STREET, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 94-158 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE
GIRARDEAU, MISSOURI, UPON THE REQUEST OF MARY
POTASHIVICK HARRISON; CLOTHILDA ANN HARRISON
BRINKOPF; CHARLES R. HARRISON; AND REGINALD
BASIL HARRISON
BILL NO. 94-159 AN ORDINANCE AMENDING SCHEDULE P OF SECTION
26-248 OF THE CITY CODE BY REPEALING A LOCATION
ON FRANKLIN STREET
BILL NO. 94-166 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
BILL NO. 94-170 AN ORDINANCE APPROVING THE RECORD PLAT OF MT.
AUBURN SUBDIVISION NO. 7
BILL NO 94-173 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 COST OF SAME ON
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LEXINGTON AVENUE - PHASE IV, FROM THE
CFN'I'F.Fti_iNE OF PERRYVILLE ROAD EAST THROUGH
NORTHFIELD FIRST SUBDIVISION A DISTANCE OF
1,919.13 FEET; WITH TFiE BALANCE TO BE PAID FROM
� GFNERAL REVENUE FUNDS, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The second and third readings of BILL NOS. 94-125, 94-157, 94-165, 94-168, 94-158,
94-159, 94-166, 94-170, and 94-173 were approved and the ordinances adopted upon Mr.
Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-125 is
ORDINANCE NO. 1564; BILL NO. 94-157 is ORDINANCE NO. 1565; BILL NO. 94-
165 is ORDINANCE NO. 1566; BILL NO. 94-168 is ORDINANCE NO. 1567; BILL
NO. 94-158 is ORDINANCE NO. 1568; BILL NO. 94-159 is ORDINANCE NO. 1569;
BILL NO. 94-166 is ORDINANCE NO. 1570; BILL NO. 94-170 is ORDINANCE NO.
1571; BILL NO. 94-173 is ORDINANCE NO. 1572;
BILL NO. 94-175 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF ACY-KAREN
SUBDIVISION
The first reading of BILL NO. 94-175 was approved upon Mr. Gateley's motion, Dr.
Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Spradling, Williamson. Nays, none.
BILL NO. 94-176 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF CRITES EIGHTH
ADDITION
The first reading of BILL NO. 94-176 was approved upon Mr. Williamson's motion,
Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Spradling, Williamson. Nays, none.
BILL NO. 94-180 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE TWO
AGREEMENTS WITH SOUTHEAST MISSOURI STATE U1vIVERSITY
The first reading of BILL NO. 94-180 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. 94-174 was presented as follows:
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A RESOLUTTON ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITTON
AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED
A�NNEXATION
The reading of BILL NO. 94-174 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. 94-174 is
RFSOLUTION NO. 957.
BILL NO. 94-177 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH ASA ASPHALT, INC. FOR THE 1994 STREET OVERLAY
PROGRAM
The reading of BILL NO. 94-177 was approved and the resolution 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. 94-177 is
RESOLLTTTON NO. 958.
BILL NO. 94-179 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH rTIP KELLEY EQUIPMENT COMPANY, INC. FOR
EXTENSION OF THE SNEATHEN SEWER
The reading of BILL NO. 94-179 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. 94-179 is
RESOLUTTON NO. 959.
BILL NO. 94-181 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH PENZEL CONSTRUCTION COMPANY, INC. FOR 1994
WASTEWATER TREATMENT PLANT MODIFICATTONS
The reading of BILL NO. 94-181 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. 94-181 is
RESOLUTION NO. 960.
BILL NO. 94-178 was presented as follows:
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Proceedings of the City Councii, City of Cape Girardeau, Mo.
Reqular S@SSIOCI July 18 i 9�$_
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A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICENSE AGREEMENT WITH JIM KRT.pE TO MOW AND BALE HAY IN
DELAWARE PARK
The reading of BILL NO. 94-178 was approved and the resolution adopted upon Mr.
Bggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-178 is
RFSOLUTION NO. 961.
BILL NO. 94-182 was presented as follows:
A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING
INTENT TO SEEK FUNDING THROUGH THE "COMMUIVITY DEVELOPMENT
BLOCK GRANT" PROGRAM AND AUTHORIZING THE CITY MANAGER TO
PURSUE ACTIVITIES IN AN ATTEMPT TO SECURE FUNDING FOR FLOOD
RECOVERY RELIEF FOR A PROJECT TO PROVIDE AN EMERGFI�TCY POWER
SUPPLY FOR THE CITY'S WASTEWATER TREATMF�IV'T pI,ANT
The reading of BILL NO. 94-182 was approved and the resolution adopted upon Dr.
Kasten motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-182 is
RFSOLLTTTON NO. 962.
BILL NO. 94-183 was presented as follows:
A RESOLLTTTON OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING
INTENT TO SEEK FUNDING THROUGH THE "COMMLTIVITY DEVELOPMENT
BLOCK GRANT" PROGRAM AND AUTHORIZING THE CITY MANAGER TO
PURSUE ACTIVITIES IN AN ATTEMPT TO SECURE FUNDING FOR FLOOD
RECOVERY RELIEF FOR A PROJECT TO PROVIDE AN EMERGENCY POWER
SUPPLY FOR WATER TREATMENT PLANT NO. 2
The reading of BILL NO. 94-183 was approved and the resolution adopted upon Dr.
Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-183 is
RESOLUTION NO. 963.
BILL NO. 94-184 was presented as follows:
A RESOLUTTON OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING
INTENT TO SEEK FUNDING THROUGH THE "COMMiJIVITY DEVELOPMENT
BLOCK GRANT" PROGRAM AND AUTHORIZING THE CITY MANAGER TO
PURSUE ACTIVITIES IN AN ATTEMPT TO SECURE FUNDING FOR FLOOD
RECOVERY RELIEF FOR A PROJECT FOR PARTIAL REMOVAL, REGRADING
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AND SHOULDER RECONSTRUCTION ON A TEMPORARY LEVEE ON SOUTH
• SPRIGG STREET
The reading of BILL NO. 94-184 was approved and the resolution adopted upon Dr.
Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggunann,
Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-184 is
RFSOLUTION NO. 964.
Mr. David R. Alberson was appointed to the Board of Appeals for a term expiring June
4, 1999, upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none.
A retail liquor by the drink license for Craig Horky, d/b/a Broadway Billiards, 731
Broadway, Craig Horky, Managing Officer, was conditionally approved upon Mr.
Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none.
A retail liquor by the drink license for Ronald and Elma Staten, d/b/a Whitfields/Unique
Caterers, 220 Independence, Ronald and Elma Staten, Managing Officer, was
conditionally approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
Nays, none.
A 5 percent beer by the drink license for DSW Restaurant, Inc., d/b/a Pizza Inn, 3333
Gordonville Road, Robert Drury, Managing Officer, was conditionally approved upon
Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none.
An original package liquor license for DSW Development Corp., d/b/a Shell Cape, 3415
William, Robert Drury Managing Officer, was conditionally approved upon Dr. Kasten's
motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Spradling, Williamson. Nays, none.
A temporary 3.5 percent non-into�cicating beer by the drink license for the SEMO
District Fair Association for an event to be held on September 10 through September 17,
1994, at Arena Park, was conditionally approved upon Mr. Williamson's motion, Dr.
Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Spradling, Williamson. Nays, none.
A temporary 5 percent beer by the drink license for the Southeast Missouri Hospital
Foundation for an event to be held on November 1, 1994, at the Show-Me-Center, was
conditionally approved upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten (abstain), Neumeyer, Spradling,
Williamson. Nays, none.
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The preliminary plat of Randol Farms Eighth Subdivision was 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 made a motion, seconded by Mr. Williamson, as follows: That the request
of Rendrag Development Corporation to rezone a 33 acre tract of land located west of
Perryville Road and south of Le�ngton Avenue from R-1 to R-4 and for a special use
permit for a community unit plan be withdrawn from the agenda at the request of Dr.
Robert E. Gardner; and that the request of I.exington Place, L.L.C. to rezone lots
numbered 59, 60, 61, 65, 66, 67, 81, 82, 83 and 84 on the preliminary plat of Lexington
Place Subdivision from R-1 to R-3 be withdrawn from the agenda at the request of Mr.
Larry Haertling. The motion was approved upon the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none.
Mr. Eggimann made a motion, seconded by Dr. Kasten, to reject the bid received for
Phase 2, final grading and seeding, of the Shawnee Park Sports Complex, and to
authorize city staff to re-bid this phase of the project. The motion was approved upon
the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling,
Williamson. Nays, none.
Mr. Ivory Robinson, 129 Lorimier, appeared before the Council and stated that he was
being mistreated by his landlord. He received an eviction notice on July 18, and his
landlord stated he had to move out the same day. Mayor Spradling suggested that he
contact an attorney about this situation, and if he cannot afford an attorney, he can call
Semo Legal Services, and they will provide an attorney at no charge.
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. . Sp oling III, May r
Ri� �� ' ��
rE�v 1, �f_� � ,f�.�(,�Lr,
Gayl�. Conrad, Deputy City Clerk
1
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Session 19
LL.13703
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