Loading...
HomeMy WebLinkAboutCouncil.Minutes.05-20-1996.Regular 25 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOfI May 20 19 96 S-18240 REGULAR SESSION-MAY 20, 1996 Council convened in regular session on Monday, May 20, 1996, at 7:30 p.m. with Mayor Al Spradling III presiding and Council Members Richard Eggimann, Melvin Kasten, Tom Neumeyer, Jack Rickard and J.J. Williamson present. Melvin Gateley was absent for part of the meeting. The invocation was presented by Rev. Robert Wright, Vineyard Christian Fellowship Church, and the Pledge of Allegiance was recited. Council convened in execute session prior to the regular session for the�urpose of discussing litigation and real estate acquisition upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The minutes of the May 6, 1996, regular and execurive sessions were approved upon Dr. Kasten's morion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann,Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Th:s being the date set for a public hearing to consider vacating the city's interest in a five foot utility easement which runs between L.ot 21 and Lot 22 of Block 1 of Sherwood Hills Subdivision in the City and County of Cape Girardeau, the hearing was opened. There being no appearances, the hearing was closed. Mayor Spradling read and presented a proclamation to Nancy Jernigan declaring May 27 Olympic Torch Relay Day. Mr. Phillip Dame appeared in suppart of his request for a variance from the city code to construct a sewer line from his business at 1320 North Kingshighway to a garage behind the building and gave reasons for the request. Upon questioning by the Council, City Manager Mike Miller stated there is no provision in the code for the Council to grant a variance, and since the City Attorney has been out of the office, he has not had the opportunity to review the request. Mayor Spradling suggested that Mr. Dame meet with the City Attorney regarding this matter. Mr. Bruce Jateff appeared in support of BILL NO. 96-164. BILL NO. 96-164 was p,iven first, second and third readings as follows: AN ORDINANCE APPROVING TI�RECORD PLAT OF SHOW ME CENTER SUBDIVISION The first, second and third readings of BILL NO. 96-164 were approved and the ordinance adopted upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-164 is ORDINANCE NO. 1951. Mr. Larry Dowdy appeared in support of BILL NO. 96-163. BILL NO. 96-163 was given first, second and third readings as follows: 26 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SgSSIOCI May 20 �9 96 5-18240 AN ORDINANCE APPROVING THE RECORD PLAT OF MARY'S PLACE SUBDIVISION. The first, second and third readings of BILL NO. 96-163 were approved and the ordinance adopted upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-163 is ORDINANCE NO. 1952. Mr. Leroy Brown and Mr. Steve Chapman appeared on behalf of Lynwood Baptist Church in support of BILL NO. 96-155. BILL NO. 96-155 was presented as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION The reading of BILL NO. 96-155 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-155 is RESOLUTION NO. 1174. Mr. Rocky Francis of Blatmer and Associates appeared in support of the improvement plans for Ashland Court Subdivision,. The improvement plans for Ashland Court Subdivision were accepted upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Captain Robert Gautier of the Salvation Army appeared in support of BILL NO. 96-157. BILL,NO. 96-157 was presented as follows: A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI DEPARTMENT OF SOCIAL SERVICES UNDER THE EMERGENCY SHELTER GRANT PROGRAM, FOR SAFE HOUSE FOR WOMEN, INC. AND THE SALVATION ARMY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BII.L NO. 96-157 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-157 is RESOLUTION NO. 1175. � Mr. Dale Pingel appeared and requested that the 2900 block of Jasmine Street be paved under the Transportation Trust Fund projects. He stated that in the abstract it states that Jasmine is a city street and not an unopened right-of-way, and in the Southeast Massourian it has been continually referred to as being improved on the list to be paved. In addition, the city prepared a list of unopened gravel streets and Jasmine was not included on the list. Upon questioning by 1VIr. Rickard, Mr. Pingel stated that the city did not place the gravel on the ttus portion of Jasmine. He then questioned what determines when a street becomes a city street, Mayor Spradling responded that it becomes a city street when the City Council accepts it into the city system by motion. Mr. Pingel presented a petition to the Council to pave Jasmine Street between Flad and Rampart. 27 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ $G'SSIOCI May 20 19 96 s-,a2ao Mr. Scott Bechtold appeared regarding distance and location restrictions on adult entertainment. He suggested that a clause be placed in the ordinance stating that adult entertainment licenses shall not be granted to temporary or mobile structures. Mr. Bill Oberle appeared and stated that tornado warning sirens need to be placed in and around the City for emergency situations. Mr. Tom King appeared regarding a drainage problem on Lyndhurst Street between Bertling and Huntington. He gave the history of the problem and has talked with Engineering and Public Works about the situation. After discussion, Engineering Services was directed to review the situation and come up with possible solurions to the problem. Mr. Eggimann stated that the Brucher Street improvement is coming along well, and that the city should place a sign showing that it is a Transportation Trust Fund project. [Mr. Gateley appeared at meeting] Mr. Gateley questioned whether a public hearing had been set on the Lynwood Baptist Church anne�tion. After discussion, Mr. Gateley made a motion, seconded by Mr. Eggimann, to set a public hearing on the Lynwood Baptist Church anne�cation at the June 17 City Council meeting. The morion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The following bills were given second and third readings: BILL NO. 96-134 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 BILL NO. 96-149 AN ORDINANCE AMENDING SECTION 30-5(I) OF THE CITY CODE RELATING TO ZONING BILL NO. 96-139 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 BILL NO. 96-141 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND A TEMPORARY 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 28 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SeSSIOfI May 20 �9 96 s-,azao 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 BILL NO. 96-145 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 BILL NO. 96-150 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDENINITY AGREEMENT WITH KEVIN A. GOVERO AND DEBRA K. GOVERO, FOR A DRIVEWAY ON JASMINE STREET RIGHT-OF-WAY The second and third readings of BILL NOs. 96-134, 96-149, 96-139, 96-141, 96-145 and 96-150 were approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BII.L NO. 96-134 is ORDINANCE NO. 1953; BILL NO. 96-149 is ORDINANCE NO. 1954; BILL NO. 96-139 is ORDINANCE NO. 1955;BILL NO. 96-141 is ORDINANCE NO. 1956; BILL NO. 96-145 is ORDINANCE NO. 1957; BILL NO. 96-150 is ORDINANCE NO. 1958. Mr. Gateley made a motion, seconded by Mr. Eggimann, to table the second and third readings of BILL NO. 96-140 to the June 17 City Council meeting. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-140 reads 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 SOUTHWEST CORNER OF THE NORTHERN INTERSECTION OF KINGSHIGHWAY AND BOULDER CREST DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO G2 BILL NO. 96-133 was given first reading as follows: AN ORDINANCE ENACTING A NEW SECTION 15-121 OF THE CITY CODE RELATING TO CAPITAL IMPROVEMENTS SALES TAX The first reading of BILL NO. 96-133 was approved 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. 96-154 was given first reading as follows: 29 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $BSSIOt1 May 20 19 96 S-18240 AN ORDINANCE IMPLEMENTING A PREVIOUSLY APPROVED ONE-FOURTH OF ONE PERCENT CAPITAL IMPROVEMENTS SALES TAX FOR FLOOD CONTROL PURPOSES IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 96-154 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-151 was given first reading as follows: AN ORDINANCE AMENDING CHAPTERS 7, 15 AND 30 OF THE CITY CODE RELATING TO RESIDENCY REQUIREMENTS OF CERTAIN CITY BOARDS The first reading of BILL NO. 96-151 was approved 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. 96-148 was given first reading as follows: AN ORDINANCE AMENDING SECTION 22-47(A) OF THE CITY CODE RELATING TO SOLID WASTE COLLECTION FEES Mr. Neumeyer made a motion, seconded by Mr. Williamson to approve the first reading of BILL NO. 96-148. Mr. Gateley made a motion, seconded by Mr. Eggimann to amend the ordinance as follows: that the City of Cape Girardeau will conduct a comprehensive awareness/education program during the months of May and June, 1996, to inform citizens on the following topics: (1) why a change in policy is being made; (2) how the new program will operate; and (3) why recycling is a key component of the program. 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: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-153 was giveri first reading as follows: AN ORDINANCE AMENDING SECTION 29-157(a) OF THE CITY CODE RELATING TO SEWER CONNECTION FEES The first reading of BILL NO. 96-153 was approved 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. 96-156 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF A UTILITY EASEMENT IN SHERWOOD HILLS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 96-156 was approved upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. 30 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular _ S@SSIOfI Mav 20 i92(L S-�a�an BILL NO. 96-158 was given first reading as follows: AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM DEBORAH A. CRADER FOR THE BELLERIDGE SUBDIVISION STREET IMPROVEMENT PROJECT T'he first reading of BILL NO. 96-158 was approved upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-159 was given first reading as follows: AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS FROM DAVID A. HARDESTY AND MARLA D. ERVIN-HARDESTY; AND FLOYD PENNY AND LOINE PENNY FOR THE CAPE GIRARDEAU RECREATION TRAIL PROJECT The first reading of BILL NO. 96-159 was approved 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. 96-160 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM THOMAS P. BERKBIGLER AND KATHLEEN A. BERKBIGLER; CHARLES D. BURGER AND JANET M. BURGER; ERIC D. DUNNING AND DARLENE J. DUNNING; DWIGHT D. GATES AND DOLORES E. GATES; BRENT W. HENDRICKS AND SANDRA J. HENDRICKS; ROBERT A. HODITS AND JUDITH A. HODITS; HOMER L. HUSKEY,JR. AND CATHEY E. HUSKEY; FORREST G. KIDD AND ERNESTINE KIDD; EDWARD R. McCORMICK AND VERONICA McCORMICK; RICHARD E. MILLER AND MARY F. MII.LER;JOHN LEE MII.IS AND SHELBY JEAN MII.LS; RICHARD H. REED AND MARGARET G. REED; MARY E. RIDINGS; DANIEL J. SCHLUETER AND MARCIA A. SCHLUETER; HUEY D. TEWIS AND LINDA L. TEWIS; TRUMAN S. WALDRUP AND ESTI-�ER S. WALDRUP; AND ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM RICHARD F. FARMER AND SHIRLEY A. FARMER FOR THE TWIN LAKES SUBDIVISION SANITARY SEWER PROJECT The first reading of BILL NO. 96-160 was approved upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-161 was given first reading as follows: AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS FROM LOUISE CRUMP; LAURA L. HURST; AND ACCEPTING A GENERAL WARRANTY DEED AND A TEMPORARY ACCESS EASEMENT FROM MARIE JO LYNCH FOR THE CAPE LA CROIX CREEK/WALKER BRAN�H FLOOD CONTROL PROJECT The first reading of BILL NO. 96-161 was approved upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. 31 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SeSSIOfI May 20 1 g96 S-78240 BILL NO. 96-162 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR AUDITING SERVICES WITH BEGLEY, JANSSEN, YOUNG&BIRK, L.C. The reading of BILL NO. 96-162 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. 96-162 is RESOLUTION NO. 1176. BILL NO. 96-152 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING CONCERNING 49 UNITED STATES CODE SECTION 5311 TRANSIT FUNDING ALLOCATION WITH SOUTHEAST MISSOURI STATE UNIVERSITY Mr. Gateley made a motion, seconded by Mr. Williamson to approve the reading of BILL NO. 96- 152 and adopt the resolution. Mr. Neumeyer made a motion, seconded by Mr. Eggimann, that there be no reduction in service and that the share to the University be $31,618, leaving the share for the city at$118,375. 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: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-152 is RESOLUTION NO. 1177. Mr. Lloyd Williams was appointed to the Historic Preservation Commission for a term expiring April 16, 1997, upon Mr. Spradling's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. A temporary 5% beer by the drink license for Cape Girardeau Riverfest Associadon for an event to be held in downtown Cape Girardeau on June 13-16, Norma L. Wildman, Managing Officer, was approved upon Dr. Kasten's motion, Dr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. A retail liquor by the drink license for Deborah Seesing, d/b/a Deb's Do Drop N, 632 Broadway, Deborah Seesing, Managing Officer, was approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. A temporary 5% beer by the drink license for Roger English d/b/a American Legion Post 63, for an event to be held at the Arena Building on May 31 through June 2 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Gateley made a motion, seconded by Mr Eggimann, that the proposed draft ordinance prepared by staff on distance and location restrictions for adult entertainment be placed on the June 3 City Council agenda for consideration. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. 32 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SeSSIOfI May 20 19 96 s-,a2ao Mr. Neumeyer made a motion, seconded by Mr. Williamson to approve the improvement plans and estimated costs for streets and associated storm work for the New Madrid/Henderson intersection. Dr. Taylor Bahn, who lives at this intersection, appeared in opposition to the current design. He has been meeting with the engineers on this project but stated he only saw the current plan about two weeks ago. It will take a portion of his rear yard and will interrupt the integrity of the streets. He presented two alternate designs for this intersection. After further discussion, Dr. Kasten made a motion, seconded by Mr. Eggimann, to table approval of the plans to the June 3 City Council meeting. The motion failed upon the following roll call vote: Eggimann, aye; Gateley, nay; Kasten, aye; Neumeyer, nay; Rickard, nay; Spradling, nay; Williamson, nay. The original motion was approved upon the following vote: Aye, Gateley, Neumeyer, Rickard, Spradling, Williamson. Nay, Eggimann, Kasten. Regarding Jasmine Street, Mr. Gateley stated that discussions on the Transportation Trust Fund projects have led people to believe that Jasmine is a street. Mayor Spradling recommended that if funding is available after all the projects are complete, then the Council could review Jasmine for possible paving. Mr. Gateley made a motion, seconded by Mr. Neumeyer, authorizing city staff to proceed with acquiring a house and two-acre lot at 2119 South Third Street for $10,000 from funds available for the demolition of derelict structures; the property would carry a deed restriction which states the property would be maintained as open space or for the expansion of the wastewater treatment plant. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, 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, Rickard, Spradling, Williamson. Nays, none. A. M. Spradling III, Mayor � ayle . Conrad, Deputy C�'ity Clerk