HomeMy WebLinkAboutCouncil.Minutes.08-19-1996.Regular 91
Proceedings of the City Council, City of Cape Girardeau, Mo.
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REGULAR SESSION-AUGUST 19, 1996
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Council convened in regular session on Monday, August 19, 1996, at 7:30 p.m. with Mayor Al
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.
The minutes of the August 5, 1996, regular session were approved upon Dr. Kasten's motion, Mr. I
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, �
Spradling, Williamson. Nays, none.
The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Eggimann's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. �
Nays, none.
Ms. Kimberly Dermott of the City's Finance Department was presented an Award of Financial
Reporting Achievement by Mayor Spradling on behalf of the Government Finance Officers
� Association.
Mr. Steve Trautwein, 127 S. Louisiana, appeared regarding establishing a method of controlling �
traffic along the block of Merriwether Street immediately west of South West End Boulevard and the
100 block of South Louisiana. Mr. Gateley made a motion, seconded by Mr. Eggimann, to concur
I with the recommendation of the residents in this area and place stop signs as follows: at the southeast
corner of Louisiana and Merriwether facing south, at the northeast corner of Louisiana and �
Merriwether facing ease, and at the northwest corner of Louisiana and Merriwether facing North. The
motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
Mr. Bo Shantz appeared regarding the rezoning of the southwest corner of the northern intersection
of Kingshighway and Boulder Crest from R-1 to C-1. He questioned what type of developments can
be placed in this area and felt the rezoning request is intended solely to raise the property value.
Ms. Nancy Browne appeared in support of the rezorring request. She stated that Hunters Lane is a
natural barrier between the residents and the property in question. Right-of-way for Hunters Lane
was never dedicated to the city, but the city does maintain the street. The intended use for the
property should not have to be sta�ed even though the Council does prefer this.
BILL NO. 96-140 was given second and third readings as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF TI�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
Dr. Kasten made a motion, seconded by Mr. Williamson, to approve the second and third readings
of BILL NO. 96-140 and adopt the ordinance. Mr. Eggimann made a motion, seconded by 1VIr.
Williamson, to delete the C-2 zoning as set out in the ordinance and change it to C-1 zoning. The
amending motion was approved, without any special conditions, upon the following vote: Ayes,
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Proceedings of the City Council, City of Cape Girardeau, Mo.
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Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The original
motion was approved as amended, without any special conditions, upon the following vote: Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO.
96-140 is ORDINANCE NO. 2014.
� Mr. Dan Finch appeared in opposition to granting a special use permit for a double-wide
� manufactured home at 133 East Cape Rock Drive. This would have an adverse impact on the
subdivision, and the residents in the area signed a petition opposing it.
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� Ms. Gennettia Galbreath appeared in support of the request and stated that the home would be bolted
to the foundation to make it a permanent residence. She stated that the adjoirring property owners �
consented to the permit on the application form.
� Mr. Monry Montgomery of Montgomery Mobile Homes explained the features of the home that Ms.
iGalbreath is wanting to put in.
I� Ms. Betty St. Gemme, 193 E. Cape Rock, stated she is an insurance agent, and even if the home is
bolted down, for insurance purposes it is not considered a permanent home. The rates are three times
higher than a regular home. She requested the Council deny the permit. Mr. Bo Shantz appeared and �
stated that State Farm Insurance Company bases insurance rates for mobile homes on whether they
meet the HUD code or the BOCA code.
Mr. Eggimann requested that Mr. Shantz prepare a list of mobile homes that are built under BOCA
Code and provide this to the Planning and Zoning Commission. Following questioning by Mr. I
Gateley, Inspection Services Director Rick Murray explained the major differences between a mobile
home and a built home and how these would fall under city code.
Ms. Sylvia Taylor appeared in opposition to the mobile home request of Ms. Galbreath.
Mr. Greg Pedrovick, 189 E. Cape Rock, questioned why this permit is even being considered when
the Planning and Zoning Commission will be considering guidelines regarding mobile and
manufactured homes.
Mr. Dale St. Gemme, 193 E. Cape Rock, appeared in opposition to the mobile home request of Ms.
Galbreath.
BILL NO. 96-200 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GENNETTIA P. GALBREATH
� AND GORDON L. GALBREATH, FOR PURPOSES OF MAINTAINING AND OPERATING A
DOUBLE WIDE MANUFACTURED HOME AT 133 EAST CAPE ROC f:DRIVE, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI
Mr. Williamson made a motion, seconded by Mr. Kasten, to approve the first reading of BILL NO.
96-200. The motion failed upon the following vote: Ayes, None. Nays, Eggimann, Gateley, Kasten,
' 1�Teumeyer, Rickard, Spradling, William.son.
Mr. Eggimann thanked the public for how well they have picked up on the two container solid waste
limit. Recycling is increasing while general trash disposal is decreasing. He also congratulated the
women flyers in the Ninety-runers group for their many years of flying.
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The following bills were given second and third readings:
BILL NO. 96-223 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF TI�CITY OF CAPE GIltARDEAU, MISSOURI, BY
CHANGING THE ZONING OF 1641 KINGSWAY DRIVE, CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO G2 �I
BILL NO. 96-224 AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO f
LYNWOOI3 BAPTIST CHURCH, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A CHURCH IN
THE 2000 BLOCK OF CAPE LA CROIX ROAD, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 96-225 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
LACROIX UNITED METHODIST CHURCH, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A CHURCH AT �
3102 LEXIIVGTON AVENUE, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 96-226 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
SOUTHEAST MISSOURI HOSPITAL ASSOCIATION, FOR PURPOSES
OF CONSTRUCTING, MAINTAINING AND OPERATING
MARKETING OFFICE FACILITIFS AT 413 LOUISIANA AVENUE, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 96-228 AN ORDINANCE VACATING TI�CITY'S INTEREST IN A PORTION
OF A STREET EASEMENT FOR A CUL-DE-SAC AT THE END OF
RUSMAR AVENUE, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 96-231 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS
FROM HELGA A. ADAMS; CHIOKE AKIL CARTER AND LAMICIA
DAWN CARTER; ERNEST C. COLLIER AND DOROTHY M.
COLLIER; PETER E. COOPER AND WANETA L. COOPER; HENRY
COPELAND AND OMA COPELAND; EMIL W. DEWROCK; CARL L. �
FORD AND BETTY MAY FORD; ROCKY WAYNE JONES; BEN W.
LEGRAND AND TOM LEGRAND; NORMA MUNGLE AND WILSON
J. MUNGL�; EDWARD L. NEACE; DOYLE W. RANDOL AND ALMA
L. RANDOL; LUTHER E. SPARKS AND ANNA M. SPARKS; JOSEPH
E. THOMPSON AND SUSIE J. THOMPSON; DELBERT L. WALTER
AND JOAN M. WALTER; AND HENRY DOYLE WILSON AND OPAL I
L. WILSON FOR THE 1995 FLOOD BUYOUT PROJECT
BILL NO. 96-232 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS
FROM LARRY W. NELSON AND TERRY A. NELSON; AND DICK R. i
THOMAS AND SHIRLEY T. THOMAS FOR THE CAPE LA CROIX
CREEK/WALKER BRANCH FLOOD CONTROL PROJECT
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BILL NO. 96-233 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND
TEMPORARY CONSTRUCTION EASEMENTS FROM CARL R.
BLANCHARD AND BARBARA A. BLANCHARD;F. PATRICK DAVIS
AND JULIE A. DAVIS; SAUNDRA JEAN DRAPER; JERRY i
FOLLOWELL AND SHIRLEY FOLLOWELL; WILLIAM S. LEWIS '
� AND PAULA C. LEWIS; LYNN D. PETZOLDT AND DEBBIE D.
PETZOLDT; RONALD I. SHOFF AND BARBARA DODD SHOFF;
HOWELL J. SMOTHERS AND TERESA D. SMOTHERS; AND
STEVEN W. WRIGHT AND KATHRYN O. WRIGHT FOR THE TWIN
LAKES SUBDIVISION SANITARY SEWER PROJECT
BILL NO. 96-234 AN ORDINANCE RENAMING MELODY LANE AS LEXINGTON
AVENUE AND RENAMING MELODY LANE SOUTH AS MELODY
LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 96-235 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND
, TEMPORARY CONSTRUCTION EASEMENTS FROM SHERRIE A.
i' HEMPSTEAD; PHYLLIS L. JOHNSON; TERRY A. JUDEN AND
I LADONNA JUDEN; LONNIE PEARSON; AND PATSY A. TOOMBS;
AND ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS
FROM HAROLD J. BROWN AND NORMA S1�Ii DDY; JAMES R.
DODD AND BONNIE DODD; WANDA L. ING; AND EVELYN
� PURTER AND RUTH MAE MOORE FOR THE PHASE II FACILITY
PLAN FOR SANITARY SEWER IMPROVEMENT PROGRAM
�� BILL NO. 96-236 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND A I
TEMPORARY CONSTRUCTION EASEMENT FROM RONALD I.
SHOFF AND BARBARA DODD SHOFF FOR THE TWIN LAKES
� SUBDIVISION WATER MAIN EXTENSION PROJECT
iI BILL NO. 96-239 AN ORDINANCE REAFFIRMING ARTICLE IV OF CHAPTER OF
THE CODE OF ORDINANCES ENTITLED "CONFLICTS OF
I INTEREST"
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i BILL NO. 96-240 AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL
( CITY REVENUE TAX; LIBRARY FUND TAX; PUBLIC HEALTH
(I TAX; DEBT SERVICE FUND TAX; SPECIAL BUSINESS DISTRICT
i NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE 30TH DAY
I� OF 7UNE, 1997
BILL NO. 96-241 AN ORDINANCE ACCEPTING A SEWER EASEMENT FROM
RENDRAG DEVELOPMENT CORPORATION
BILL NO. 96-242 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF
THE CITY CODE, BY ESTABLISHING NO PARKING ALONG BOTH
SIDES OF T�iE NORTH SPRIGG STREET EXTENSION BETWEEN
LEXINGTON AVENUE AND BERTLING STREET '
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Proceedings of the City Council, City of Cape Girardeau, Mo.
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BILL NO. 96-243 AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF
THE CITY CODE, BY PLACING YIELD SIGNS ON LEXINGTON 1
AVENUE AT OLD SPRIGG STREET ROAD AND AT BIG BEND �
� ROAD, NORTH SPRIGG STREET AT LEXINGTON AVENUE AND AT
BERTLING, AND ON OLD SPRIGG STREET ROAD AT LEXINGTON
BILL NO. 96-244 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF
THE CITY CODE, BY PLACING STOP SIGNS ON LEXINGTON
AVENUE AT OLD SPRIGG STREET ROAD AND AT BIG BEND
ROAD, NORTH SPRIGG STREET AT LEXINGTON AVENUE AND AT
BERTLING, AND ON OLD SPRIGG STREET ROAD AT LEXINGTON
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The second and third readings of BILL NOs. 96-223, 96-224, 96-225, 96-226, 96-228, 96-231, 96-
232, 96-233, 96-234, 96-235, 96-236, 96-239, 96-240, 96-241, 96-242, 96-243 and 96-244 were
approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Eggimann's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none. Mayor Spradling and Dr. Kasten abstained on BILL No. 96-226. BILL NO. 96-223 is i I
ORDINANCE NO. 2015; BILL NO. 96-224 is ORDINANCE NO. 2016; BILL NO. 96-225 is �
ORDINANCE NO. 2017; BILL NO. 96-226 is ORDINANCE NO. 2018; BILL NO. 96-228 is
ORDINANCE NO. 2019; BILL NO. 96-231 is ORDINANCE NO. 2020; BILL NO. 96-232 is
ORDINANCE NO. 2021; BILL NO. 96-233 is ORDINANCE NO. 2022; BILL NO. 96-234 is
ORDINANCE NO. 2023; BILL NO. 96-235 is ORDINANCE NO. 2024; BILL NO. 96-236 is
ORDINANCE NO. 2025; BILL NO. 96-239 is ORDINANCE NO. 2026; BILL NO. 96-240 is
ORDINANCE NO. 2027; BILL NO. 96-241 is ORDINANCE NO. 2028; BILL NO. 96-242 is
� ORDINANCE NO. 2029; BILL NO. 96-243 is ORDINANCE NO. 2030; BILL NO. 96-244 is
ORDINANCE NO. 2031.
BILL NO. 96-247 was given first reading as follows: `I
AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, �
ESTABLISHING STOP SIGNS ON EARLEEN STREET AT KENT STREET, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 96-247 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. 96-249 was given first, second and third readings as follows:
AN ORDINANCE PROVIDING FOR A SALES TAX IN THE AMOUNT OF ONE-QUARTER OF
ONE PERCENT FOR THE PURPOSES OF FUNDING CAPITAL IMPROVEMENTS AND
CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE
QUESTION OF WHETHER TO IMPOSE SUCH SALES TAX
The first, second and third readings of BILL NO. 96-249 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, n�ne. Mr. Eggimann thanked
city staff for providing additional information on alternative plans for the wa�er system, including cost ��
studies. BILL NO. 96-249 is ORDINANCE NO. 2032.
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BILL NO. 96-250 was given first, second and third readings as follows:
AN ORDINANCE CALLING A BOND ELECTION IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
� The first, second and third readings of BILL NO. 96-250 were approved and the ordinance adopted
upon Mr. Williamson's Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley,
, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Rickard stated he is opposed
to issuing the bonds but is pleased that the public will get to vote on it. BILL NO. 96-250 is
ORDINANCE NO. 2033.
� BILL NO. 96-245 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND
INDENINITY AGREEMENT WITH THE UNITED STATES POSTAL SERVICE FOR PLACING
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CERTAIN IMPROVEMENTS ON CITY RIGHT-OF-WAY
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The reading of BILL NO. 96-245 was approved and the resolution adopted 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. 96-245 is RESOLUTION NO. 1194.
BILL NO. 96-246 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH
RONALD L. WOODARD, SR. AND GLENDA WOODARD FOR A RESTAURANT AT THE
CAPE GIRARDEAU REGIONAL AIRPORT
i The reading of BILL NO. 96-246 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, VVilliamson. Nays, none. BILL NO. 96-246 is RESOLUTION NO. 1195.
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BILL NO. 96-248 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH ROBERTSON, INC. FOR THE SOUTHEAST MISSOURI HOSPITAL WATER SYSTEM
IMPROVEMENTS
Mr. Williamson made a motion, seconded by Mr. Neumeyer, to approve the reading of BILL NO.
96-248 and adopt the resolution. Mr. Eggimann made a motion, seconded by Mr. Gateley, to reject
the bid submitted by Kajacs Contractors and award the contract te Robertson, Inc. The amending
motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten (abstain),
Neumeyer, Rickard, Spradling (abstain), Williamson. Nays, none. The original motion was
approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten (abstain),
Neumeyer, Rickard, Spradling (abstain), Williamsono Nays, nonee BILL NO. 96-248 is
RESOLUTION NO. 1196.
� Mr. John Ferguson was appointed to the Airport Advisory Board for a term expiring Apri130, 1997,
upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann,
j Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
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' Ms. Mae Josephine Roth was appointed to the Vision 2000 Community Relations Council for a term
expiring December 31, 1996, and Walter Denton, Administrative Assistant to the City Manager, was
appointed as an ex-o�cio member, upon Mr. Williamson's motion, Dr. Kasten's second, and the '
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
Conditional approval of a retail liquor by the drink license for Willie Charles Hammonds, d/b/a
Strictly Business, 627 Good Hope, was tabled to the September 3, 1996, City Council meeting upon
Mr. Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
A temporary 5% beery by the drink license for Southeast Missouri Hospital Foundation for an event
to be held November 14, 1996, at the Show Me Center, was approved upon Mr. Neumeyer's motion,
Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten (abstain),
Neumeyer, Rickard, Spradling(abstain), Williamson. Nays, none.
Mr. Gateley made a motion, seconded by Mr. Neumeyer, to accept the improvements completed
under the 1995-1996 street overlay program and to authorize final payment to ASA Asphalt, Inc.,
Mr. Eggimann made an amending motion, seconded by Dr. Kasten, to waive the liquidated damages ,
!� of$2,200 for failure of the contractor to reach substantial completion on time. The amending motion
� was a roved u �n the foliowin vote: A es E imann Gatele Kasten Neume er Rickard
I PP P g Y , gg , Y� , Y > >
Spradling, Williamson. Nays, none. The original motion was approved as amended upon the
(I following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
� Nays, none.
The improvement plans for Randol Farms l lth Subdivision were approved upon Dr. Kasten's motion,
Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
Mr. Gateley made a motion, seconded by Mr. Williamson, to accept the recommendation of the
Planning and Zoning Commission to deny the request of Charles and Pat Bixler and Barbara E.
Schwepker for a special use pernvt for a bed and breakfast at 1621 Bloomfield Road in an R-2, single
family residential district. The motion was approved upon the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer (abstain), Rickard, Spradling, Williamson. Nays, none.
There being no further business, the Council adjourned upon 1VIr. Gateley's motion, Mr. Williamson's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
A. . Spra ing III, Mayor
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Gayle . Conrad, Deputy City Clerk