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HomeMy WebLinkAboutCouncil.Minutes.05-02-1994.Regular 481 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOII May 2 19 94 SLL.13703 REGULAR SESSION - MAY 2, 1994 Council convened in regular session on Monday, May 2, 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 Mr. Art Kelley, Chaplain at 5t. Francis Medical Center, and the Pledge of Allegiance was recited. Prior to the regular session, council convened in executive session for the purpose of discussing litigation issues upon Mr. Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The minutes from the April 18, 1994, Regular and Executive Sessions were approved upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Gateley presented to Doug Leslie, Assistant City Manager/Public Works Director, a toy truck as a token of appreciation for the Public Works Department efforts in the Annual Spring Cleanup and commended the city staff for the work they did. Mr. Eggimann presented a toy tractor as a token of appreciation to Dan Muser, Parks and Recreation Director, for the work the department did in cleaning up the parks on Friends of the Park Day. Mr. Gateley reminded everyone that applications are being accepted in the City Manager's Office through May 12 for the Minimum Property Standards Review Committee. The agenda was adopted as distributed to the Council upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. John Schneider, Chairman of the Historic Preservation Commission, announced that this week is National Historic Preservation Week and invited everyone to attend the activities being sponsored to celebrate the wonderful history and architecture in Cape Girardeau. The Commission is working with the Historical Association and the Alliance for Historic Preservation to celebrate the week. Ms. Loretta Dodd of the Historic Association appeared and encouraged all citizens to visit the historical sites in the city. In addition, she indicated that they would be willing to meet with the City Council in a study session to update them on what the group is trying to accomplish. 482 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOtI May 2 1994 lL.13703 This being the date set for a public hearing regarding proposed amendments to the Zoning Ordinance relating to excursion riverboat gambling, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the request of G. Keith Deimund Trust and Americare Properties, Inc. for a special use permit for an assisted living facility on Lot 4 and part of Lot 5, Mount Auburn Subdivision No. 5, in a G1, local commercial district, the hearing was opened. Mr. Keith Deimund appeared before the Council in support of this request and indicated he has received no opposition from the neighbors. There being no further appearances, the hearing was closed. This being the date set for a public hearing regarding the request of Southeast Missouri Hospital Association to rezone 608, 630, and 636 North Sunset Boulevard, and the south half of a 15 foot alley adjoining 636 North Sunset Boulevard from R-3, two family residential district, to C-3, central business district, the hearing was opened. Mr. Steve Strom appeared before the Council in support of this request and indicated he has received no opposition from the neighbors. There being no further appearances, the hearing was closed. This being the date set for a public hearing regarding the request of Forrest H. and Edith M. Jackson to rezone 2712 Hawthorne Drive from R-1, single family residential district, to R-3, two-family residential district, the hearing was opened. Mr. Jeff Jackson, son of Forrest and Edith Jackson, appeared before the Council in support of this request. There being no further appearances, the hearing was closed. This being the date set for a public hearing regarding the filing of an application for funding under Section 18 of the Federal Transit Act to assist in fmancing the city's taxi- coupon program, the hearing was opened. There being no appearances, the hearing was closed. Mr. Charles 5tiver, 406 N. Louisiana, appeared in support of BILL NOS. 94-85 and 94-86 regarding parking in the 300 and 400 blocks of North Louisiana. Mr. Mike Ballou, 409 N. Louisiana, appeared in support of BILL NOS. 94-85 and 94- 86 regarding parking in the 300 and 400 blocks of North Louisiana. In addition, he stated that the curbs, parkways and sidewalks in the 400 block of Louisiana have been damaged due to construction at Southeast Missouri Hospital, and he felt the developer should be responsible for these repairs. Ms. Dorothy Jones appeared before the Council and stated that she had been evicted from her home and questioned who she should contact to find low-income housing. She stated she is on the waiting list with the East Missouri Action Agency, and she cannot j afford to hire an attorney to assist her in her efforts to find a home. Mayor Spradling responded that she can contact Semo Lzgal Services, and they will provide legal services free of charge. 483 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOtI �"IaY 2 1 g 94 SLL.13703 The following bills were given second and third readings: BILL NO. 94-65 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO 50UTHEAST MISSOURI HOSPITAL ASSOCIATION, FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING A PARKING LOT AT THE SOUTHWEST CORNER OF BROADWAY AND WEST END BOULEVARD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 94-85 AN ORDINANCE AMENDING SCHEDUI.E P OF SECTION 26-248 OF THE CITY CODE, BY REPEALING A LOCATION ON LOUISIANA AVENUE BILL NO. 94-86 AN ORDINANCE AMENDING SCHEDLTLE F OF SECTION 26-247 OF THE CITY CODE, BY REPEALING A LOCATION ON LOUISIANA AVENUE AND ESTABLISHING NO PARKING ON LOUISIANA AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 94-78 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FROM DAVID L. GROSS AND ROBYN GROSS FOR THE BRINK STREET SEWER REPLACEMENT PROJECT BILL NO. 94-84 AN ORDINANCE APPROVING THE RECORD PLAT OF FARRAR DRIVE SUBDIVISION BILL NO. 94-88 AN ORDINANCE APPROVING THE RECORD PLAT OF ROUTE K NORTH SUBDIVISION BILL NO. 94-89 AN ORDINANCE APPROVING THE RECORD PLAT OF THE REPLAT OF LOT NO. 5, MOUNT AUBURN SUBDIVISION NO. 5 The second and third readings of BILL NOS. 94-65, 94-85, 94-86, 94-78, 94-84, 94-88 and 94-89 were approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Dr. Kasten abstained on BILL NO. 94- 94-65. Mr. Spradling abstained on BILL NOS. 94-85 and 94-86. BILL NO. 94-65 is ORDINANCE NO. 1520. BILL NO. 94-85 is ORDINANCE NO. 1521. BILL NO. 94- 86 is ORDINANCE NO. 1522. BILL NO. 94-78 is ORDINANCE NO. 1523. BILL NO. 94-84 is ORDINANCE NO. 1524. BILL NO. 94-88 is ORDINANCE NO. 1525. BILL NO. 94-89 is ORDINANCE NO. 1526. 484 Proceedings of the City Council, City of Cape Girardeau, Mo. _ Regular $@SSIOCI A'IaY 2 19 94 SLL.13703 Mr. Williamson requested that a public discussion on the development of Washington Park be put on the May 16 City Council agenda. Dr. Kasten thanked the staff for the excellent retreat they presented for the City Council. It was very informative and will assist them in making future decisions. Mr. Gateley suggested that on all items on the agenda referred from the Planning and Zoning Commission, the City Council may want to consider observing these sites as a group before the Council meeting. After discussion, it was the consensus of the Council that if any member wishes to tour any of the sites, they are to call Mayor Spradling on Friday before the meeting, and the tour will be scheduled for the day of the Council meeting at 4:00 p.m. Mr. Neumeyer announced the following activities scheduled for National Historic Preservation Week: Tuesday, walking tour of the Broadway business district; Wednesday, lecture at Semo University; Thursday, Dinner under the Dome; Friday, walking tour; Saturday, progressive dinner. Mr. Gateley requested that the Solid Waste Task Force attend the May 16 City Council meeting and present the video on recycling that they developed. BILL NO. 94-91 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY PLACING STOP SIGNS ON LEXINGTON AVENUE, CENTENNIAL DRIVE AND RIVERCREST DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. After discussion, the first reading of BILL NO. 94-91 was approved upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Mayor Spradling voted nay on the stop sign on Lexington Avenue. BILL NO. 94-100 was given first reading as follows: ;�, AN ORDINANCE AMENDING THE ZO1vING CODE OF THE CITY OF CAPE GIRARDEAU, MISSOURI, WITH RESPECT TO EXCURSION RIVERBOAT GAMBLING FACILITIES Mr. Williamson made a motion, seconded by Mr. Neumeyer, to approve the first reading of BILL NO. 94-100. Mr. Williamson made a motion to amend BILL NO. 94-100 by adding that one off-street parking space shall be provided per employee on the maximum shift. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The original motion 485 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOCI 1"�ay 2 19 94 SIL.13703 was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-92 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO G. KEITH DEIMUND TRUST AND AMERICARE PROPERTIES, INC. FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING AN ASSISTED LIVING FACILITY ON BEAVERCREEK DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-92 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. 94-93 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 608, 630 AND 636 NORTH SUNSET BOLTLEVARD, CITY AND COLTNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-3 TO C-3 The first reading of BILL NO. 94-93 was approved upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-94 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 2712 HAWTHORNE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-1 TO R-3 The first reading of BILL NO. 94-94 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-97 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANT'Y DEED AND A PERMANENT EASEMENT FROM MARY POTASHNICK HARRISON, CLOTILDA ANN HARRISON BRINKOPF, PAUL W. BRINKOPF, CHARLES R. HARRISON, AND REGINALD BASIL HARRISON FOR THE LEXINGTON AVENUE EXTENSION PROJECT 486 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular SQSSIOtI MaY 2 1 g 94 SLI.13703 The first reading of BILL NO. 94-97 was approved upon Mr. Eggunann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-101 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT EASEMENT TO KATHLEEN ANNE KRAUSKA, FOR PROPERTY AT 810 NORTH MISSOURI, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Williamson, made a motion, seconded by Dr. Kasten, to approve the first reading of BILL NO. 94-101. Mr. Gateley made an amending motion, seconded by Mr. Eggimann, to declare BILL NO. 94-101 an emergency measure as outlined in the City Code of Ordinances, and that BILL NO. 94-101 be given second and third readings. After the readings were given, 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. 94-101 is ORDINANCE NO. 1527. BILL NO. 94-99 was presented as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATTON PETITION AND SETTING A PUBLIC HEARING REGARDING TfIE PROPOSED ANNEXATION The reading of BILL NO. 94-99 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-99 is RFSOLUTION NO. 919. Mr. Gateley made a motion, seconded by Mr. Eggimann, directing the cit staff to develop a plan for future development relative to annexation for the city. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-90 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PROJECT AGREEMENT NUMBER 2 WITH CRAWFORD, MURPHY & TILLY, INC., CONSULTING ENGINEERS, FOR THE FTRE PROTECTION WATER MAIN PROJECT AT THE CAPE GIRARDEAU MIJNICIPAL AIRPORT 487 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $gSSIOn May 2 19 94 SLL.13703 After discussion, the reading of BILL NO. 94-90 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-90 is RFSOLUTION NO. 920. BILL NO. 94-95 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMIVITY AGREEMENT WITH DALE T. PINGEL AND KARLA R. PINGEL, FOR PURPOSES OF ALLOWING A DRIVEWAY ON JASMINE STREET RIGHT-OF-WAY The reading of BILL NO. 94-95 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley (abstain), Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-95 is RFSOLUTION NO. 921. BILL NO. 94-96 was presented as follows: A RESOLLTTTON AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH RICK PRATT, PRATT EXCAVATING, FOR REMOVAL OF DANGEROUS BUILDINGS The reading of BILL NO. 94-96 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. 94-96 is RESOLLTTION NO. 922. BILL NO. 94-98 was presented as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, EXTENDING AN INVITATION TO THE CITY OF SHAOXING, CHINA, TO BECOME A SISTER CITY AND INVITING THE PEOPLE OF SHAOXING, CHINA, TO PARTICIPATE IN SAID PROGRAM The reading of BILL NO. 94-98 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. 94-98 is RFSOLUTION NO. 923. BILL NO. 94-79 was presented as follows: A RE50LUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT OF OBLIGATION WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR THE LANDFILL POST-CLOSURE 488 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SS1011 1"IaY 2 1 g 94 SLL.13703 The reading of BILL NO. 94-79 was approved and the resolution adopted upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-79 is RESOLUTTON NO. 924. BILL NO. 94-80 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT OF OBLIGATION WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR THE LANDFILL CLOSING The reading of BILL NO. 94-80 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. 94-80 is RFSOLiTTTON NO. 925. BILL NO. 94-103 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HORNER&SHIFRIN, INC. FOR PROFESSIONAL SERVICES FOR SEWER, WATER AND TRAFFIC STUDIES The reading of BILL NO. 94-103 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-103 is RFSOLLTTION NO. 926. Mayor Spradling announced that this study is for the riverboat gambling facility and will be paid by Boyd Gaming; no funds will be extended by the city for this study. BILL NO. 94-102 was presented as follows: A RESOLUTTON AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR FUNDS TO AID IN THE FINANCING OF A PUBLIC TRANSPORTATION SYSTEM The reading of BILL NO. 94-102 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. 94-102 is RESOLUTTON NO. 927. Dr. Melvin Kasten was appointed ex-officio member of the Cape Girardeau Chamber of Commerce Board of Directors upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. 489 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI MaY 2 1 g 94 SLL.13703 Mr. Bill Walker, Mr. Allan Maki, and Mr. Steve Robertson were appointed to the Airport Advisory Board for terms expiring April 30, 1997, upon Mayor Spradling's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Ms. Lynette Shirrell was appointed to the Historic Preservation Commission for a term expiring April 16, 1996, upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer (abstain), Spradling, Williamson. Nays, none. The plans for the extension of the water distribution system to serve the Bo Shantz property were approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The street and storm sewer improvements for Sewer District 14-G 1, Mt. Auburn 4th Subdivision, were accepted, and release of escrow in the amount of $15,120 covering these improvements was authorized upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggunann, 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, no e. A. M. Spradling III, May c ` � �,,; Gayle . Conrad, Deputy City Clerk 490 Proceedings of the City Council, City of Cape Girardeau, Mo. 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