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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ $@SSIOCI April 15 19 96
S-18240
REGiTLAR SESSION-APRIL 15, 1996
Council convened in regular session on Monday,April 15, 1996,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.
The invocation was presented by Rev. Mike Wcelk,Living Way Foursquare Gospel Church,and the
Pledge of Allegiance was recited.
The minutes of the April 1, 1996, regular session 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. The minutes of the April 8, 1996,special session were approved
upon Mr.Gateley's motion,Mr.Neumeyer's second,and the following vote:Ayes,Eggimann,Gateley,
Kasten,Neumeyer,Rickazd,Spradling,Williamson. Nays,none.
The agenda was adopted as distributed upon Mr. Eggimann's motion,Mr.Williamson's second,and
the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickazd, Spradling, Williamson.
Nays,none.
This being the date set for a public hearing regarding the request of Vemon E. and Cazole S. Rhodes
to rezone the southwest corner of the southern intersection of Kingshighway and Boulder Crest Drive
from R-1,single family residential district,to R-4,multiple family residential district,and G2,general
commercial district, and for a special use permit for a community unit plan for the residential
development, the hearing was opened. Mr. Bob Harrison, engineer for the community unit plan,
appeared in support of the request and etcplained the project. There being no further appearances,the
hearing was closed.
BILL NO. 96-123 was given first,second and third readings as follows:
AN ORDINANCE AMENDiNG CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF A TRACT AT THE
SOUTHWEST CORNER OF THE SOUTHERN INTERSECTION OF KINGSHIGHWAY AND
BOULDER CREST DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI FROM
R-1 TO R-4 AND C-2
The first, second and third readings of BILL NO. 96-123 were approved and the ordinance adopted
upon Mr.Gateley's motion,Mr.Neumeyer's second,and the following vote:Ayes,Eggimann,Gateley,
Kasten,Neumeyer,Rickard, Spradling,Williamson. Nays,none. BILL NO. 96-123 is ORDINANCE
NO. 1935.
BILL NO. 96-124 was given first,second and third readings as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO VERNON E. AND CAROLE S.
RHODES FOR PURPQ��S !a�' ,C,QN�TRUCTING, MAINTAINING AND OPERATING A
COMMUNITY UNIT PLAN FOR R��ID��N'�IAj� DEVELOPMENT AT THE SOUTHWEST
CORNER OF THE SOUT�R�INTERSECTION OF KINGSHIGHWAY AND BOULDER CREST
DRNE,IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ S@SSIOfI April 15 1996
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The first, second and third readings of BILL NO. 96-124 were approved and the ordinance adopted
upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickazd, Spradling, Williamson. Nays, none. BILL NO. 96-124 is
ORDINANCE NO. 1936.
This being the date set for a public hearing regarding the request of Meyer Realty and Mary Ewing-
Crafton for a special use permit for a day caze center at 833 North Spanish Street in an R-2, single
family residential district,the hearing was opened. Mr.Thomas L. Meyer and Ms. Mary Ewing-Crafton
appeared in support of the request. T'here being no further appearances,the hearing was closed.
BILL NO.96-125 was given first,second and third readings as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MEYER REALTY AND MARY
EWING-CRAFTON, FOR PURPOSES OF MAINTAINING AND OPERATING A DAY CARE
CENTER AT 833 NORTH SPANISH STREET, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU,MISSOURI
The first, second and third readings of BILL NO. 96-125 were approved and the ordinance adopted
upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-125 is
ORDINANCE NO. 1937.
This being the date set for a public hearing regarding the request of George Harrell for a special use
pennit for an auto repair shop at 915 North Main Street in an R-2,single family residential district,the
hearing was opened. Mr. Fred Coleman appeared on behalf of Mr. Harrell supporting the request.
Responding to quesrions by Mr.Williamson,he stated that the existing cars should be moved by this
weekend, the building should be painted soon, and he would like to have five licensed cars on the
property at one time. There being no further appearances,the hearing was closed.
BILL NO. 96-126 was given first,seaond and third readings as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GEORGE HARRELL FOR
PURPOSES OF MAINTAINING AND OPERATING AN AUTO REPAIR SHOP AT 915 NORTH
MAIN STREET,IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI
Mr.Eggimann made a motion,seconded by Dr. Kasten,to approve the first,second and third readings
of BILL NO. 96-126. Mr. Eggimann made a motion,seconded by Mr. Gateley,to amend the special
use pennit by stipulating that no more than five vehicles be on the lot for repair at any one time. The
amending motion was approved upon the following vote: Ayes,Eggimann,Gateley,Kasten,Neumeyer,
Rickard,Spradling,Williamson.Nays,none. The original motion was approved as amended upon the
following vote: Eggimann,Gateley,Kasten,Neumeyer,Rickazd,Spradling,Williamson. Nays,none.
BILL NO.96-126 is ORDiNANCE NO. 1938
'This being the date set for a public hearing regazding the request of Jeannie Hirsch Blaylock to rezone
the southeast corner of the Northem intersection of Kingshighway and Boulder Crest Drive from R-1,
single family residential district,to G2,general commercial district,the hearing was opened. There
being no appearances,the hearing was closed.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI April 15 1C�6
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This being the date set for a public hearing regarding the request of Ernest Beussink and Eazl Norman,
and Cohen-Esrey Housing Partners,Inc. to rezone properiy in the 800 and 900 blocks of Hackberry
Street from M-1,light industrial district,to R-4,multiple family residential district,the hearing was
opened. Mr.Walt Wildman appeared in support of the request. There being no further appearances,
the hearing was closed.
BILL NO. 96-128 was given fust,second and third readings as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY
OF CAPE GIRARDEAU,MISSOURI,BY CHANGING THE ZONIIVG OF PART OF THE 800 AND
900 BLOCK OF HACKBERRY STREET, CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI,FROM M-1 TO R-4
The first, second and third readings of BILL NO. 96-128 were approved and the ordinance 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. 96-128 is ORDINANCE
NO. 1939.
Mayor Spradling read and presented a proclamation to Ms. Traci Taylor, a student at Central Junior
High School,honoring her national recognition by The Prudential Spirit of Community Awards for
establishing the"Toy Train"program for children in hospitals.
Mr.Bob Robins,Dr.Charles Kupchella,Mr.Danny Essner,and Mr.Melvin Gateley gave a presentation
on"Help Cape Shine". Members of the community as well as the City Council signed a Declaration
of Commitment to encourage citizens to participate in the city-wide Spring cleanup program as well as
Friends of the Park Day. Mayor Spradling presented a proclamation declaring the week of April 15
"Help Cape Shine Week."
Mr.Gateley made a motion,seconded by Mr. Eggimann,to place on the May 6 City Council agenda a
discussion of the Property Maintenance Code. The motion was approved upon the following vote:
Ayes, Eggimann, Gateley, Neumeyer, Kasten, Rickard, Spradling, Williamson. Nays, none. Mr.
Williamson requested that the citizen complaint he received regazding the 200 foot requirement be
included with the information for discussion.
Mr. Gateley made a motion, seconded by Mr. Eggimann, that the following information regarding
salaries/fringe benefits for Cape Girardeau city employees be included in the budget packet for 1996-97
prepared for the City Council: 1)number of employees in each department; 2)a copy of our present
salary increments as well as fringe benefits;3)salary increases awarded to employees during the past
five years;4)salaries of city employees fr�n Missouri cities of comparable size(population and number
of employees) of Cape Girardeau; and 5) other pertinent data. The motion was approved upon the
following vote: Ayes,Eggimann,Gateley,Neumeyer,Kasten,Rickard,Spradling,Williamson. Nays,
none.
Mr.Gateley made a motion,seconded by Mr.Williamson,to place on the May 6 City Council agenda
a discussion of potential area restrictions on adult entertainment,Section 15-447 of the city code. T'he
motion was approved upon the following vote: Ayes,Eggimann,Gateley,Neumeyer,Kasten,Rickazd,
Spradling,Williamson. Nays,none.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ S@SSIOfI April 15 1 g 96
G-ia�en
Parks&Recreation Director Dan Muser reminded citizens that Friends of the Park Day is scheduled for
Saturday, May 20. Registration is at 8:30 a.m. at Capaha Park,cleanup will begin at 9:00 and lunch
will be served at 11:30. Citizens will also be working in outlying parks.
T'he following bills were given second and third readings:
BILL NO. 96-110 AN ORDINANCE VACATING THE CITY'S INTEREST iN A PORTION
OF A UTILITY EASEMENT IN CHAPEL HEIGHTS SUBDNISION, IN
THE CITY OF CAPE GIRARDEAU,MISSOURI
BILL NO. 96-108 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM
JEAN J. DEEVERS,EILEEN DEEVERS aka ILENE DEEVERS,JILES E.
DEEVERS AND SALLY ANN DEEVERS, GLENDA DEEVERS
EDDLEMAN AND RODNEY J. EDDLEMAN, HELEN J. DEEVERS,
I KIMBERLY S. THOMPSON AND TROY R THOMPSON, SARAH L.
PICKENS AND DAVID PICKENS,KAREN K. KESTER,AND JAMES G.
DEEVERS AND MELISSA A. DEEVERS,FOR THE CLOSURE OF THE
CITY LANDFILL
BILL NO. 96-109 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
PERMANENT EASEMENT FOR THE CLOSURE OF THE CITY
LANDFILL
BILL NO. 96-115 AN ORDINANCE AMENDiNG CHAPTER 26 OF THE CITY CODE
RELATING TO CAREFUL AND PRUDENT OPERATION OF A MOTOR
VEHICLE
BILL NO. 96-116 AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE
RELATING TO EXCEEDING SPEED LIMITS
BILL NO. 96-119 AN ORDINANCE APPROVIlVG A PLAT OF DEDICATION OF RUSMAR
STREET
BILL NO.96-113 AN ORDINANCE ENACTING A NEW SECTION 26-137 OF THE CITY
CODE RELATiNG TO PROHIBITED TRUCK TRAFFIC
BILL NO.96-114 AN ORDINANCE AMENDING SCHEDULE W OF SECTION 26-137 OF
THE CITY CODE,ESTABLISHING PROHIBITED TRUCK TRAFFIC,IN
THE CITY OF CAPE GIRARDEAU,MISSOURI
The second and third readings of BII.L NOs.96-110,96-108,96-109,96-115,96-116,96-119,96-113
and 96-114 were approved and the ordinances adopted upon Mr.Gateley's motion,Dr. Kasten's second,
and the following vote: Ayes,Eggimann,Gateley,Kasten,Neumeyer,Rickard,Spradling,Williamson.
Nays,nane. BILL NO. 96-110 is ORDINANCE NO. 1940;BILL NO. 96-108 is ORDINANCE NO.
1941;BILL NO.96-109 is ORDINANCE NO. 1942;BILL NO. 96-115 is ORDINANCE NO. 1943;
BILL NO. 96-116 is ORDINANCE NO. 1944;BILL NO. 96-119 is ORDINANCE NO. 1945;BILL
NO.96-113 is ORDINANCE NO. 1946;BILL NO.96-114 is ORDINANCE NO. 1947.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI April 15 1 g96
S-ia�an
BILL NO. 96-127 was given first,second and third readings as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, BY CHANGiNG THE ZONING OF THE SOUTHEAST
CORNER OF THE NORTHERN INTERSECTION OF KINGSHIGHWAY AND BOULDER CREST,
CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI FROM R-1 TO C-2
The first, second and third readings of BILL NO. 96-127 were approved and the ordinance adopted
upon Mr.Eggima�m's motion,Mr.Gateley's second,and the following vote:Ayes,Eggimann,Gateley,
Kasten,Neumeyer,Rickard, Spradling,Williamson. Nays,none. BILL NO.96-127 is ORDINANCE
NO. 1948.
BILL NO. 96-111 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 7-29 OF THE CITY CODE RELATING TO PERMIT
FOR DEMOLISHING BUILDINGS
The first reading of BILL NO. 96-111 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. 96-121 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF THE CITY CODE,
ESTABLISHING LA�IITED PARKING ON 600 BLOCK OF SUNSET BOULEVARD,IN THE CITY
OF CAPE GIRARDEAU,MISSOURI
The first reading of BILL NO. 96-121 was approved upon Mr. Gateley's motion, Mr. Williamson's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays,none.
BILL NO.96-122 was presented as follows:
A RESOLUTION AUTHORIZiNG THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN
FOR THE COMMUNITY BLOCK GRANT PROGRAM
T'he reading of BILL NO.96-122 was approved and the resolution adopted upon Dr. Kasten's motion,
Mr.Eggimann's second,and the following vote:Ayes,Eggimann,Gateley,Kasten,Neumeyer,Rickard,
Spradling,Williamson. Nays,none. BILL NO. 96-122 is RESOLUTION NO. 1160.
BILL NO. 96-129 was presented as follows:
A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO
SEEK FUNDING THROUGH THE "COMMUNITY DEVELOPMENT BLOCK GRANT"
PROGRAM AND AUTHORIZING TH$ CITY MANAGER TO PURSUE ACTIVITIES IN AN
ATTEMPT TO SECURE FUNDING FOR THE B AND E INDUSTRIAL PARK INDUSTRIAL
DEVELOPMENT PROJECT
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOfI April 15 1 g 96
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The reading of BILL NO. 96-129 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. 96-129 is RESOLUTION NO. 1161.
BILL NO. 96-130 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN APPRAISAL
CONTRACT WITH DOCKINS VALUATION COMPANY FOR THE DETENTION RESERVOIR
PORTION OF TF�CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT
The reading of BILL NO.96-130 was approved and the resolution adopted upon Mr. Gateley's motion,
Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley,Kasten,Neumeyer, Rickazd,
Spradling,Williamson. Nays,none. BILL NO.96-130 is RESOLUTION NO. 1162.
BILL N0. 96-131 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENT NO. 1
TO AN INTERIM LIABILITY AGREEMENT WITH THE FEDERAL AVIATION
ADMII�iISTRATION FOR THE CAPE GIRARDEAU REGIONAL AIRPORT TRAFFIC CONTROL
TOWER
The reading of BILL NO. 96-131 was approved and the resolution adopted upon Mr. Williamson's
motion,Mr.Eggimann's secand,and the following vote: Ayes,Eggimann,Gateley,Kasten,Neumeyer,
Rickard, Spradling,Williamson. Nays,none. BILL NO.96-131 is RESOLUTION NO. 1163.
BILL NO. 96-132 was presented as follows:
A RESOLUTION AUTHORIZIIVG THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
ASA ASPHALT,INC. FOR THE 1995-1996 STREET OVERLAY PROGRAM
The reading of BILL NO. 96-132 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. 96-132 is RESOLUTION NO. 1164.
Mr.Steve Brazil and Mr.Terry Irwin were appointed to the Airport Advisory Boazd for terms expiring
Apri130, 1999, and Mr. Mark Seesing was appointed for a term expiring Apri130, 1997,upon Mr.
Gateley's motion,Mr.Neumeyer's second,and the following vote: Ayes,Eggimann,Gateley,Kasten,
Neumeyer,Rickard, Spradling,Williamson. Nays,none.
Ms. Lynette Shirrell, Mr. Michael T'hies and Ms. Marjorie Thompson were appointed to the Historic
Preservation Commission for terms expiring April 16, 1999, upon Mr. Neumeyer's motion, Mr.
Williamson's second,and the following vote:Ayes,Eggimann,Gateley,Kasten,Neumeyer,Rickazd,
Spradling,Williamson. Nays,none.
A retail liquor by the drink license for Rhodes Development,Inc.,d/b/a Papa Bear's Daiquiris,2 North
Main,Scot�M.Rhodes,Managing Officer,was conditionally approved upon Dr. Kasten's motion,Mr.
Williamson's second, and the following vote:Ayes,Eggimann,Gateley,Kasten,Neumeyer,Rickard,
Spradling,Williamson. Nays,none.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Reqular _ $eSSIOCI April 15 19 96
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There being no further business,the Council adjourned upon Mr. Gateley's motion,Mr. Eggimann's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays,none.
,
A. . Spradling III,Mayor
_5 �e�c,2�
Gayl . Conrad,Deputy City Clerk