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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 550 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOn July 18 1 g 94 SLL.13703 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 551 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI July 28 �9 94 SLL.13703 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: 552 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOCI July 18 1 g 94 SLL.13703 A RESOLUTTON ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITTON AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED A�NNEXATION The reading of BILL NO. 94-174 was approved and the resolution adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-174 is RFSOLUTION NO. 957. BILL NO. 94-177 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ASA ASPHALT, INC. FOR THE 1994 STREET OVERLAY PROGRAM The reading of BILL NO. 94-177 was approved and the resolution adopted upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-177 is RESOLLTTTON NO. 958. BILL NO. 94-179 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH rTIP KELLEY EQUIPMENT COMPANY, INC. FOR EXTENSION OF THE SNEATHEN SEWER The reading of BILL NO. 94-179 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-179 is RESOLUTTON NO. 959. BILL NO. 94-181 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PENZEL CONSTRUCTION COMPANY, INC. FOR 1994 WASTEWATER TREATMENT PLANT MODIFICATTONS The reading of BILL NO. 94-181 was approved and the resolution adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-181 is RESOLUTION NO. 960. BILL NO. 94-178 was presented as follows: 553 Proceedings of the City Councii, City of Cape Girardeau, Mo. Reqular S@SSIOCI July 18 i 9�$_ SLL.13703 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 554 Proceedings of the City Council, City of Cape Girardeau, Mo. Reg�ilar S@SSIOII July 18 1 g 94 LL.13703 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. � 555 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI July 18 �9 94 SLL.13703 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 1 556 Proceedings of the City Council, City of Cape Girardeau, Mo. Session 19 LL.13703 THIS PAGE INTENTIONALLY LEFT BLANK