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HomeMy WebLinkAboutCouncil.Minutes.08-19-1996.Regular 91 Proceedings of the City Council, City of Cape Girardeau, Mo. _ ____Regular S@SSIOfI Augus t 19 _ 19 �Sz__ I i REGULAR SESSION-AUGUST 19, 1996 i 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, 92 Proceedings of the City Council, City of Cape Girardeau, Mo. _____Regular__ __ S2SSIOfI _ Au ust 19 _ 19 9_6.__. 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. ,` � 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. 93 Proceedings of the City Council, City of Cape Girardeau, Mo. _ _ Regular S@SSIOn August 19 19 _96___ S23787 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 i � i 94 Proceedings of the City Council, City of Cape Girardeau, Mo. ____Re�ula� Session August 19 1g 96 _ 523787 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" � 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 ' I �� ,i �i � 95 Proceedings of the City Council, City of Cape Girardeau, Mo. _ _ Regular __ S@SSIOfI August 19 _ 19 ��— 523787 (� 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 i 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. 96 Proceedings of the City Council, City of Cape Girardeau, Mo. ____Regular_____ SeSSIOft August 19 19 96 523787 i 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 i� CERTAIN IMPROVEMENTS ON CITY RIGHT-OF-WAY !; 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. I 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. i , i� 97 Proceedings of the City Council, City of Cape Girardeau, Mo. __ _Regular S@SSIOfI Au "�ust 19 19 96___ 523787 ' 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 I Gayle . Conrad, Deputy City Clerk