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Home My WebLink AboutCouncil.Minutes.07-15-1996.Regular �i Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOfI July 15 1�6_ 523787 REGULAR SESSION-JULY 15, 1996 i Council convened in regular session on Monday,July 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. Dave Allen, St. James AME Church, and the Pledge of Allegiance was recited. Prior to regular session, Council convened in Executive Session for purposes of discussing property acquisition 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 July l, 1996, regular and executive sessions were approved upon Dr. Kasten's motion,Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The agenda was adopted as distributed upon Mr. Neumeyer's morion, Mr. Williamson's second, and � the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. i Nays, none. Mayor Spradling announced that during study session the City Council discussed BILL NO. 96-200 regarding a special use permit for a double wide manufactured home at 133 East Cape Rock Drive. The Planning and Zoning Commission is currently developing a policy and will make a recommendation regarding mobile homes in residential districts, This will be presented to the Council at their August 19 meeting. It was the consensus of the City Council to table BILL NO. 96-200 to the August 19 meeting. � Mr. Mike Farrow appeared in support of the ordinance approving the record plat of Hillcrest Place I Subdivision. Ms. Gennettia Galbreath appeared regarding BILL NO. 96-200. She stated she chose to pursue a special use permit because she wanted to get into a home as soon as possible. Mr. Pat Dean of Montgomery Mobile Homes stated he had examples of what this home will look like and questioned � when these should be presented. Mayor Spradling responded that the Planning and Zoning � Commission will be reviewing this at their next meeting, and the Commission should review the examples at that time. Ms. Nancy Browne appeared regarding BILL NO. 96-140, the rezoning of the Hirsch/Mantia property. A formal agreement has not been reached regarding the buffer zone; the parties cannot agree on the number of entrances through the green belt. Ms. Browne expressed her opinion that a portion of this property and the neighboring residential properties are separated by street right-of-way, and that a fence shculd not be required for that portion under the ordinance if the rezoning is granted. However, her clients are willing to put one in. She requested the Council to refer the issue to the Planning and Zoning Commission to consider approval without the green belt, and for the Council to give the Commission guidance on what authority they have to place conditions on rezoning. 72 Proceedings of the City Council, City of Cape Girardeau, Mo. _ _ Re�cular SQSSIOfI July 15 ___ 19 96__ 523787 I Mr. Eggimann made a motion, seconded by Mr. Gateley, to remand BILL NO. 96-140 to the Planning and Zoning Commission to review the rezoning request without a requirement for a buffer zone. 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: I I � 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 C-2 Upon quesrioning by Mr. Williamson, City Manager Michael Miller stated that TCI Cablevision has 1 a nonexclusive cable franchise in the city. At a meeting with TCI, they wanted to discuss a provision in the cable franchise that requires them to place fiber optic cable in the city within 30 months of the date of execution of the agreement. Mr. Gateley questioned the status of the federal building. Mr. Miller stated there are ongoing � discussions regarding the location. The GSA is looking into the property west of city hall. � Mr. Gateley requested that the City Attorney provide to the City Council copies of the city's ordinance on fireworks and obtain ordinances from other cities, and requested the issue be placed on the City Council agenda in August to discuss. Mr. Williamson requested the Police Chief provide information on incident reports involving fireworks. The following bills were given second and third readings: I� BILL NO. 96-195 AN ORDINANCE AMENDING CHAPTERS 5 AND 15 OF THE CITY �i CODE RELATING 'I'O LICENSES I BILL NO. 96-198 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCFS OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY , CHANGING THE ZONING OF 620 EAST EMERALD STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 TO G 1 I _ BILL NO. 96 199 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU COUNTY PUBLIC HEALTH CENTER FOR PURPOSES - OF CONSTRUCTING, MAINTAINING AND OPERATING A FOUR � FOOT BY EIGHT FOOT ADVERTISING SIGN AT 1121 LINDEN STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 96-201 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO EAST ( MISSOURI ACTION AGENCY FACILITIES, INC. F�R PURPOSES OF CONSTRUCTING, MAINTt�INING, AND OPERATING A SIGN, IPARKING LOT AND DRIVEWAY AT 1111 LINDEN STREET, IN THE I CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI l� i 73 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular S@SSIOCI July 15 19 96 __ 523787 � I � BILL NO. 96-205 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND � A TEMPORARY CONSTRUCTION EASEMENT FROM KENNETH E. j AND TERESA D. CANTRELL FOR THE CAPE I.A CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT BILL NO. 96-206 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM BENJAMIN H. ABBOTT AND DOROTHY M. ABBOTT; DONALD C. DENNINGTON AND MARILEE JANE DENNINGTON; THOMAS S. DIEMER AND JEAN P. DIEMER; MICHAEL D. EDWARDS AND MARSHA F. EDWARDS; STEVEN KEELE AND RITA KEELE; DANIEL DAVID RICHARDSON, III AND CRISTY GAYE RICHARDSON; AND I THOMAS C. THOMSEN AND INGER L. THOMSEN FOR THE TWIN LAKES SUBDNISION SANITARY SEWER PROJECT BILL NO. 96-207 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FROM DAVID W. I GRIESEMER AND SANDRA J. GRIESEMER; AND ACCEPTING I TEMPORARY CONSTRUCTION EASEMENTS FROM PAUL W. HORTON; AND KYLE S. McDONALD AND AMY S. 1VIcDONALD FOR THE TWIN I,AKES SUBDIVISION WATER MAIN EXTENSION � PROJECT BILL NO. 96-208 AN ORDINANCE APPROPRIATING FUNDS FOR THE DEPARTMENT OF PARKS &RECREATION, IN THE CITY OF CAPE GIRARDEAU, � MISSOURI ( BILL NO. 96-209 AN ORDINANCE APPROVING THE RECORD PLAT OF HILLCREST �f PLACE SUBDIVISION j � �� The second and third readings of BILL NOs. 96-195, 96-198, 96-199, 96-201, 96-205, 96-206, 96- 207, 96-208 and 96-209 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. BILI.NO. 96-195 is ORDINANCE NO. 1995; BILL NO. 96- 198 is ORDINANCE NO. 1996; BILL NO. 96-199 is ORDINANCE NO. 1997; BILL NO. 96-201 I( is ORDINANCE NO. 1998; BILL NO. 96-205 is ORDINANCE NO. 1999; BILL NO. 96-206 is �� ORDINANCE NO. 2000; BILL NO. 96-207 is ORDINANCE NO. 2001; BILL NO. 96-208 is ORDINANCE NO. 2002; BILL NO. 96-209 is ORDINANCE NO. 2003. li BILL NO. 96-200 was given first reading as follows: i� AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GENNETTIA P. AND GORDON ( �I L. GALBREATH FOR PURPOSES OF MAINTAINING AND OPERATING A DOUBLE WIDE MANUFACTURED HOME AT 133 EAST CAPE ROCK DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 96-200 was tabled to August 19, 1996, upon Mr. Eggimann's motion, ; Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, � Rickard, Spradling, Williamson. Nays, none. � 74 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S2SSIOtI July 15 _ _ 19 96___ 523787 BILL NO. 96-211 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, BY � REPEALING THE SPEED LIlVIIT ON A PORTION OF LACEY STREET, AND ESTABLISHING A NEW SPEED LIMIT ON A PORTION OF LACEY STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI i The first reading of BILL NO. 96-211 was approved 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. 96-212 was given first reading as follows: � AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, I UPON THE REQUEST OF THE LYNWOOD BAPTIST CHURCH I� The first reading of BILL NO. 96-212 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. �� BILL NO. 96-213 was given first reading as follows: AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO INCLUDE PROPERTY OF LYNWOOD BAPTIST CHURCH � The first reading of BILL NO. 96-213 was approved upon Mr. Eggimann's motion, Dr. Kasten's I second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, �i Williamson. Nays, none. I BILL NO. 96-214 was given first, second and third readings as follows: I AN ORDINANCE ACCEPTING GRANT FUNDING FROM THE MISSOURI DEPARTMENT � OF SOCIAL SERVICES FOR AN EMERGENCY SHELTER GRANT ' The first, second and third readings of BILL NO. 96-214 were approved and the ordinance adopted 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. 96-214 is i I ORDINANCE NO. 2004. i� BILL NO. 96-215 was given first reading as follows: ' AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AIvD TEMPORARY I� (� CONSTRUCTION EASEMENTS FROM THE MISSOURI HIGHWAY AND TRANSPORTATION �i COMMISSION; JAMES E. PALMER; SAMUEL J. TIDWELL AND VERNA M. TIDWELL; :i ROSE TIDWELL, SAMUEL JOE TIDWELL AND VERNA M. TIDWELL; AND ELOISE WREN; AND ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM C.S.M. I � PROPERTIES, INC.; WANDA KELLEY; NORMA J. MUNGLE AND WILSON J. MUNGLE; DOROTHY M. SIGMUND; SOUTHEAST MISSOURI UNIVERSITY FOUNDATION; GREGORY I� A. SPARHIVIAN AND LISA D. SPARHIVIAN AND MARY A. SPARKMAN; UNION ELECTRIC j I COMPANY; THOMAS C. WOMACK AND JANE B. WOMACK; AND TERRY WAYNE il � 75 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOfI July 15 19 96 523787 --- - WRIGHT AND RHENDA JANE WRIGHT FOR THE PHASE II FACILITY PLAN FOR SANITARY SEWER IMPROVEMENT PROGRAM ` I The first reading of BILL NO. 96-215 was approved upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, ( Williamson. Nays, none. I ! BILL NO. 96-216 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM ROBERT H. IRLBECK AND MARY J. Il2LBECK FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The first reading of BILL NO. 96-216 was approved upon Dr. Kasten's motion, Mr. Williamson's I second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. � BILL NO. 96-217 was given first reading as follows: ; AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY ' AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMI��IISSION FOR ROUTE 74 AT SILVER SPRINGS ItOAD The first reading of BILL NO. 96-217 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. � BILL NO. 96-222 was given first reading as follows: '� AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM STEPHEN E. STROM � AND PATRICIA F. STROM, TRUSTEES, FOR A STORM WATER RETENTION BASIN SERVING NORTHFIELD SUBDIVISIONS 15, 16 & 17 AND REMAINING LOTS EXTENDING SOUTH TO LEXINGTON The first reading of BILL NO. 96-222 was approved upon Mr. Williamson's motion, Mr. Eggimann's i second, and the followin vote: A es E imann Gatele Kasten Neume er Rickard S radlin ! g Y , Sg , Y, , Y , , P g� i Williamson. Nays, none. BILL NO. 96-218 was presented as follows: � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. � 1 TO AN AGREEMENT DATED FEBRUARY 24, 1994, WITH SVERDRUP CIVIL, INC., FOR � ENGINEERING SERVICES FOR VARIOUS SANITARY SEWER PROJECTS FOR TWIN LAKES I SUBDIVISION I The reading of BII.L NO. 96-218 was approved and the resolution adopted 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. 96-218 is RESOLUTION NO. 1187. i BILL NO. 96-219 was presented as follows: �� 76 Proceedings of the City Councii, City of Cape Girardeau, Mo. ___ _____Regular S@SSIOfI July 15 _ 1996___ 523787 � 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT FOR THE GOOD HOPE/FOUNTAIN STREET BRIDGE REPLACEMENT The reading of BILL NO. 96-219 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-219 is RESOLUTION NO. 1188. BILL NO. 96-220 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SOUTHEAST MISSOURI REGIONAL PLANNING AND ECONOMIC DEVELOPMENT I COMMISSION FOR ADMINISTRATION OF AN ECONOMIC DEVELOPMENT GRANT ; UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Ij � The reading of BILL NO. 96-220 was approved and the resolution adopted upon Mr. Williamson's I motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-220 is RESOLUTION NO. 1189. � BILL NO. 96-221 was presented at follows: � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A T-HANGAR RENTAL AGREEMENT WITH THOMAS D. ROYLE, D/B/A SAGANASKA GROUP, AT THE CAPE GIRARDEAU REGIONAL AIRPORT � The reading of BILL NO. 96-221 was approved and the resolution adopted upon Mr. Eggimann's j motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, ' Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-221 is RESOLUTION NO. 1190. The request of Dave Gerlach to withdraw the improvement plans for Randol Farms 8th Subdivision, and reallot the estimated inspection fees paid for this project to the estimated inspection fees assessed I for Randol Farms l lth Subdivision was approved upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, ! IWilliamson. Nays, none. The sanitary sewers, storm sewers and street improvements for Melrose Place II Subdivision were accepted into the city's system, and a partial release of escrow covering these improvements was approved, effective upon the receipt of the executed sewer easement from Rendrag Development Corporation, upon Mr. Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, � Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. i Mr. Gateley made a motion, seconded hy Mr. Neumeyer, to accept the recommendation of the city � staff regarding a policy on the special assessment of tlie Transportation Trust Fund projects and the ! assessment on the Perryville Road project. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Miller explained staff recommended that an assessment, based upon the cost of the curb and gutter section, � proposed right of way costs, contingencies, engineering, inspection, and admirvstration costs be assessed to the adjoining property owners in residential areas where a street is upgraded to collector i� I� I �� Proceedings of the City Council, City of Cape Girardeau, Mo. _ _ _ Regular S@SSIOCI July 15 __ 1 Q __96_ 523787 status. On the Perryville road project, the assessment to the adjoining property owners will be $35.00 per front foot. A 3.2% non-intoxicating beer by the drink license was conditionally approved for Foutoula Demopoulos, d/b/a Dino's Pizza, Inn, 1034 Broadway, Foutoula Demopoulos, Managing Officer, upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. I 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. I � I A. M Spradli g III, Mayor �I ;� n . I Gayle . Conrad, Deputy City Clerk I �