HomeMy WebLinkAboutCouncil.Minutes.05-06-1996.Regular 15
Proceedings of the City Council, City of Cape Girardeau, Mo.
Reqular _ SeSSIOCI May 6 1 g 96
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REGULAR SESSION-MAY 6;`�996 -
Council convened in regular session on Monday, May 6, 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. Brant Hazlett, Christ Episcopal Church, and the Pledge of
Allegiance was recited.
Council convened in execute session prior to the regular session for the purpose of discussing litigation
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 15, 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. Mr. Gateley stated a motion was approved on April 15
regarding employee salaries and benefits. He requested this information be provided to the Council
as soon as possible. �
,�.
The agenda was adopted as distributed upon Mr. Neumeyer's motion, Mr. Eggimann's second, and
the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
This being the date set for a public hearing regarding the request of Lucile Fitzgerald Hirsch Sadler
and Ellen Rohem Hirsch Mantia to rezone the southwest corner of the northern intersection of
Kingshighway and Boulder Crest Drive from R-1, single family residential district, to G2, genera?
commercial district, the hearing was opened. Ms. Nancy Browne appeared on behalf of the applicants
tc�answer any questions. Mr. Bo Shantz questioned where the propo�ed green belt would start. Ms.
Browne reviewed the property line and stated that the property owners had not agreed to the green
belY. Upon questioning by Mr. Eggimann, she stated that the property owners would consider a
privacy fence but had concern with entrance areas through the fence to get from Hunters Lane to
private property. Mr. Shantz stated the fence would not be as acceptable as the green belt to the
adjoining property owners. City Attorney Eric Cunrungham stated there could be a problem of
enforceability with a green belt. Also, if a green belt was not agreed to by the owners, this could lead
to an inverse condemnation. There being no further appearances, the hearing was closed.
BILL NO. 96-140 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, �3-Y CHANGING THE ZONING OF THE SOUTHWEST
CORNER OF THE NORTHERN INTERSECTION OF KINGSHIGHWAY AND BOULDER
CREST DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO G2
�; first reading of BILL NO. 96-140 was approved upon Mr. Gateley's motion, Dr. Kasten's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
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Regular $eSSlOtI May 6 19 96
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This being the date set for a public hearing regarding an amendment to Section 30-5 of the Zoning
Ordinance relating to protests to amendments to zoning districts, the hearing was opened. There being
no appearances, the hearing was closed.
This being the date set for a public hearing regarding the filing of an application for funding from the
Missouri Highway and Transportation Deparlment pursuant to Section 5311 of Title 49, United States
Code, to assist in funding and operating the city's taxi-coupon public transit program, the hearing was
opened. There being no appearances, the hearing was closed.
Mayor Spradling read and presented a proclamation to Public Works Director poug Leslie declaring
May 19-25 as National Public Works Week.
Mayor Spradling read and presented a proclamation to Bob Hoppman, Chairman of the Convention
and Visitors Advisory Board declaring the month of May as Tourism Month.
Mr. Kevin Govero appeared and requested emergency reading of BILL NO. 96-150.
BILL NO. 96-150 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND
INDEMNITY AGREEMENT WITH KEVIN A. GOVERO AND DEBRA K. GOVERO, FOR A
DRIVEWAY ON JASMINE STREET RIGHT-OF-WAY
The first reading of BILL NO. 96-150 was approved upon Mr. Williamson's motion, Mr. Neumeyer's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
Mr. Scott Bechtold appeared regarding distance and location restrictions on adult entertainment.
Section 15-447 of the city code was reserved to allow staff to prepare maps of distance restrictions.
Adoption of the 1000' restriction would allow for orderly regulation of this type of business.
Mr. Gateley made a motion, seconded by Mr. Eggimann, to place on the May 20 Ciry Council agenda
discussion regarding the draft Section 15-447 of the city code relating to distance and location
restrictions for adult entertainment. The morion was approved upon the following vote: Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr.
Neumeyer requested that a copy of the 1000' map of restricted areas be included with the agenda.
Mr. A1 Stoverink of Southeast Missouri State Universiry appeared regarding the New Madrid/
Henderson project. The design is complete and is being reviewed by engineers. In order to complete
tlie project before fa11 classes, the University will bid the project within 7-10 days. Final approval of
the improvement plans should be at the May 20 Council meeUng. If the Council has changes to the
plans at that time, the University will issue an addendum to the bid. Dr. Kasten stated he was not in
favor of the plan if it requires taking land from property owners. Upon questioning by Mr.
Eggimann, Mr. Stoverink stated the engineers estimate for the project is approximately $260,000,
which includes right-of-way acquisition. If condemnation is required, the project probably will not
be completed this year.
Mr. Dillard Dale appeared regarding a drainage problem at 606 S. Kingshighway. He contacted staff
but has not gotten a clear answer. Because of the construction of New Highway 74, additional water
is draining into the ditch South of his property. He requested this matter be taken care of. Mayor
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOn May 6 �9 9 6
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Spradling stated staff will contact the Highway Department for additional information and report back
to Mr. Dale and the City Council.
Mr. Gateley made a motion, seconded by Mr. Eggimann, to place on the May 20 agenda, discussion
regarding the status of Jasmine lane. The motion was approved upon the following vote: Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none
Mr. Gateley made a motion, seconded by Mr. Eggimann, to schedule a study session in May to
discuss the proposed budget for 96/97 with time given to employee salaries. The motion was
approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none. Mayor Spradling directed Deputy Ciry Clerk Gayle Conrad to contact each
Council member and schedule a meeting.
Regarding the water system expansion, Mr. Eggimann stated there was an editorial in the Southeast
Missourian regarding whether smaller projects could be completed that would get the same results,
He questioned whether the city could consider individual ground wells that could possibly help to save
money and satisfy EPA regulations.
The following bills were given second and third readings:
BILL NO. 96-111 AN ORDINANCE AMENDING SECTION 7-29 OF THE CITY CODE
RELATING TO PERMIT FOR DEMOLISHING BUILDINGS
BILL NO. 96-121 AI�T ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF
THE CITY CODE, ESTABLISHING LIMITED PARKING ON 600
BLOCK OF SUNSET BOULEVARD, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The second and third readings of BILL NOs. 96-111 and 96-121 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, none. BILL NO. 96-111 is
ORDINANCE NO. 1949; BILL NO. 96-121 is ORDINANCE NO. 1950.
BILL NO. 96-134 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE G OF SECTION 26-121 OF THE CITY CODE, BY
PLACING STOP SIGNS ON HORSESHOE RIDGE AND ARABIAN DRIVE, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 96-134 was approved upon Mr. Williamson's motion, Mr. Gateley's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
r, Williamson. Nays, none.
BILL NO. 96-149 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 30-5(I) OF THE CITY CODE RELATING TO
ZONING
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOt1 May 6 19 96
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The first reading of BILL NO. 96-149 was approved upon Mr. Eggimann's motion, Mr. Gateley's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 96-139 was given first reading as follows:
AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND A TEMPORARY
ACCESS EASEMENT FROM VIRDEN F. HAUSSER; AND ACCEPTING GENERAL
WARRANTY DEEDS FROM WILBUR E. BEDWELL AND SANDRA J. BEDWELL; LYNN L.
HEY AND EDNA HEY; AND ROBERT L. MABERY AND MARYLIN N. MABERY FOR THE
CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT
The first reading of BILL NO. 96-139 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. 96-141 was given first reading as follows:
AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND A TENL�ORARY
CONSTRUCTION EASEMENT FROM BRIAN K. CRIDDLE AND LAURA A. CRIDDLE;
KEITH L. EVANS AND BARBARA R. EVANS; PAUL HERZBERGER AND CAROL
HERZBERGER; AND DENNIS W. SHETLEY AND KATHLIN L. SHETLEY; AND
ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM JUNIOR T. GRAHAM
AND SUZANNE F. GRAHAM; JAMES H. GREENE AND NORMA W. GREENE; LARRY
HAMILTON AND MELBA HAMILTON; DAVID P. HERZOG AND GINA M. HERZOG;
RONALD J. HONAKER AND MARLENE HONAKER; STEVEN L. NESLER; MICHAEL E.
RENAUD AND JOYCE R. RENAUD; AND VERLE C. WATKINS AND CARNA L. WATKINS
FOR THE BELLERIDGE SUBDIVISION STREET IMPROVEMENT PROJECT
The first reading of BILL NO. 96-141 was approved upon Mr. Eggimann's motion, Mr. Gateley's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 96-145 was given first reading as follows:
AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM DONALD R.
PORTER AND MARY C. PORTER; ACCEPTING A SPECIAL WARRANTY DEED FROM THE
GREATER ST. LOUIS AREA COUNCIL, BOY SCOUTS OF AMERICA; AND ACCEPTING A
PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FROM THE
SOUTHEAST MISSOURI DISTRICT FAIR ASSOCIATION FOR THE CAPE GIRARDEAU
RECREATION TRAIL PROJECT
The first reading of BILL NO. 96-145 was approved upon iVir. Williamson's motion, Mr. Gateley's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 96-148 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 22-47(A) OF THE CITY CODE RELATING TO
SOLID WASTE COLLECTION FEES
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Proceedings of the City Council, City of Cape Girardeau, Mo. ,
Regular S@SSIOtI May 6 19 96
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Dr. Kasten made a motion, seconded by Mr. Eggimann to approve the first reading of BILL NO. 96-
148. Mr. Eggimann made an amending motion, seconded by Mr. William, to table first reading
approval to the May 20 City Council meeting. The amending motion was approved upon the
following vote: ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays,
none. Mayor Spradling explained that on Friday, May 3, City staff inet with BFI regarding the
present contract we have with them for processing the city's recyclable materials. BFI is proposing
a rate increase from $45 per ton to $160 per ton. Staff is looking into restarting the processing
program for recyclables and will report back to the Council at the May 20 meeting.
BILL NO. 96-135 was presented as follows:
A RFSOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION WITH
TI�MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR FUNDS TO AID
IN THE FINANCING OF A PUBLIC TRANSPORTATION SYSTEM �
The reading of BILL NO. 96-135 was approved and the resolution adopted upon Mr. Gateley's
motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-135 is RESOLUTION NO.
1165.
BILL NO. 96-136 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH SOUTHWESTERN BELL TELEPHONE COMPANY FOR PLACEMENT OF INMATE
TELEPHONE EQUIPMENT AT THE CAPE GIRARDEAU POLICE DEPARTMENT
The reading of BILL NO. 96-136 was approved and the resolution adopted upon Dr. Kasten's
motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-136 is RESOLUTION NO.
1166.
BILL NO. 96-137 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH GATEWAY TECHNOLOGIFS, INC. FOR AN INMATE TELEPHONE SERVICE AT THE
CAPE GIRARDEAU POLICE DEPARTMENT
The reading of BILL NO. 96-137 was approved and the resolution adopted upon Dr. Kasteds motion,
Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neuir_eyer,
Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-137 is RESOLUTION NO. 1167.
BILL NO. 96-138 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF
AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY, FOR AN INVENTORY
OF HISTORIC BUILDINGS
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Regular _ S@SSIOfI May 6 19 96
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The reading of BILL NO. 96-138 was approved and the resolution adopted upon Mr. Eggimann's
motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-138 is RESOLUTION NO.
1168.
BILL NO. 96-143 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENT NO.
2 TO AN INTERIM LIABILITY AGREEMENT WITH THE FEDERAL AVIATION
ADMINISTRATION FOR THE CAPE GIRARDEAU REGIONAL AIRPORT TRAFFIC
CONTROL TOWER
The reading of BILL NO. 96-143 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. 96-143 is RESOLUTION NO. 1169
BILL NO. 96-146 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION
CONTRACT WITH PUCHBAUER CONTRACTING, INC.
The reading of BILL NO. 96-146 was approved and the resolution adopted upon Mr. Williamson's
motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-146 is RESOLUTION NO.
1170.
BILL NO. 96-144 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH PENZEL CONSTRUCTION COMPANY, INC. FOR THE ISTEA RECREATION TRAIL,
PHASE II
The reading of BILL NO. 96-144 was approved and the resolution 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. 96-144 is RESOLUTION NO.
1171.
BILL NO. 96-142 was presented as follows:
A RESOLUTION TERMINATING THE PREMISES AND EQUIPMENT LEASE WITH TREVIER
MINTON AND RACHELLE MINTON FOR A RESTAURANT AT THE CAPE GIRARDEAU
REGIONAL AIRPORT
The reading of BILL NO. 96-142 was approved and the resolution adopted upon Mr. Williamson's
motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-142 is RESOLUTION NO.
1172.
BILL NO. 96-147 was presented as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI May 6 �9 96
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A RESOLUTION TERMINATIIVG THE LEASE AND OPERATIONS AGREEMENT BETWEEN
THE CITY OF CAPE GIRARDEAU, MISSOURI, AND MDI, INC. FOR FIXED BASE
OPERATOR SERVICES AT THE CAPE GIRARDEAU REGIONAL AIRPORT
The reading of BILL NO. 96-147 was approved and the resolution adopted upon Dr. Kasten's motion,
Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-147 is RESOLUTION NO. 1173.
Mr. Neumeyer made a motion, seconded by Mr. Gateley, to table the appointments to the I3istoric
Preservation Commission to the May 20 City Council meeting. The motion was approved upon the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
An original package liquor, Sunday sales and wine tasting license for Deborah Weatherholt, d/b/a In
the Wine Cellar, 31 North Main, Deborah Weatherholt, Managing O�cer, was conditionally
approved upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Regarding the review process for the 1996 BOCA building and related codes, Mr. Eggimann made
a motion, seconded by Mr. Williamson, appointing Jack Rickard to participate in the review process
with the Board of Appeals. The motion was approved upon the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Regarding the minimum property maintenance code, Mr. Williamson made a motion, seconded by
Mr. Gateley, to discuss this issue at the study session that will be scheduled for the budget. The
motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
The connection of two existing portions of Greenbrier Drive and the extension of the right turn lane
east approach of Independence Street to U.S. Highway 61 were accepted and final payment to JW
Strack was authorized upon Dr. Kasten's motion, Mr. Williamsods second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The improvements to the Jaycee Municipal Golf Course parking lot were accepted and final payment
to ASA Asphalt, Inc. was approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
There being no fiu�ther business, the Council adjourned upon Mr. Eggimann's motion, Mr. Gateley's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
A. . Spradling III, Mayor
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Gayle� . Conrad, Deputy City Clerk