HomeMy WebLinkAboutCouncil.Minutes.09-03-1996.Regular 99
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SeSSIOfI September 3 1996
523787
REGULAR SESSION- SEPTEMBER 3, 1996
Council convened in regular session on Tuesday, September 3, 1996, at 7:30 p.m. with Mayor A1 i
Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin Kasten,
Tom Neumeyer and J.J. Williamson present. Jack Rickard was absent
The invocation was presented by Rev. Kim Ferguson, Cornerstone Church, and the Pledge of
Allegiance was recited.
Prior to regular session, the City Council met in Executive Session for the purpose of discussing
property acquisition upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none.
The minutes of the August 19, 1996, regular session were approved upon Dr. Kasten's motion, Mr.
Williamsods second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Spradling, Willian7son. Nays, none.
The agenda was adopted as distributed upon Mr. Gateley's motion, Mr. Neumeyer's second, and the I
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none.
Mayor Spradling commended all city employees, including the Parks and Recreation Department,
Public Works Department, Police Department, Fire Department and the Publice Awareness Office,
for the outstanding job they did in preparing for and cleaning up from the President's visit last week. �
Mayor Spradling presented a proclamation to Chief Howard H. Boyd, Jr. honoring him for his years
of service and rerirement from the Cape Girardeau Police Department.
This being the date set for a public hearing regarding ihe request of Ruth A. Norman Trust, E&R I�
Leasing Co., and Earl and Ruth Norman to rezone a tract of land on the east side of Interstate 55, `
between Bloomfield Road and new Highway 74,from C-1, local commercial district, to C-2, general
commercial district, the hearing was opened. There being no appearances, the hearing was closed.
This being the date set for a public hearing regarding the request of H. Glen Kinder to rezone 1918
North Kingshighway from G2,general commercial district, and R-1, single family residential district,
to C-3, general commercial district,the hearing was opened. Mr. Howard Kinder appeared to answer
any questions. There being no further appearances, the hearing was closed. I
{
BILL NO. 96-254 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF TI�CODE OF ORDINANCES OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 1918 NORTH
KINGSHIGHWAY, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM G2 AND
R-1 TO C-3
The first reading of BILL NO. 96-254 was approved upon Mr. Eggimann's motion, Mr. Gateley's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
Nays, none.
E
�
�I
100
Proceedings of the City Council, City of Cape Girardeau, Mo.
______ Regular SeSSIOn September 3 _ 1 g 96__
523787
This being the date set for a public hearing regarding the request of Cornerstone Church, Inc., for
an extension of their existing special use permit to construct a church building and parking lot at 933
Koch Avenue in an R-1, single family residential district, the hearing was opened. Rev. Kim
Ferguson appeared and reviewed the current status of the church improvements. Mr. Mike Stause,
2015 Brink Street, appeared and questioned how much of the property will be rezoned. Mayor
I Spradling explained that this is not a rezoning but a special use permit for the church. There being
� no further appearances, the hearing was closed.
BILL NO. 96-255 was given first, second and third readings as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT EXTENSION TO CORNERSTONE
CHURCH, INC., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING
A CHURCH BUILDING AND PARKING LOT AT 933 KOCH AVENUE, IN THE CITY AND
i
COUNTY OF CAPE GIRARDEAU, MISSOURI
The first, second and third readings of BILL NO. 96-255 were approved and the ordinance adopted
upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 96-255 is
� ORDINANCE NO. 2034. I
This being the date set for a public hearing regarding the request of Boyd Missouri, Inc., Downtown
Parldng, Inc., and J. D. Main for an extension of their eacisting special use permit for landside support
facilities and parking for an excursion riverboat gaming vessel along North Main Street in areas zoned
C-3, central business district, and M-2, heavy industrial district, the hearing was opened. Mr. Tom
, McPherson of Boyd Gaming appeared to answer questions and updated the Council on the status of
the project. There being no further appearances, the hearing was closed.
BILL NO. 96-256 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT EXTENSION TO BOYD MISSOURI,
INC.; DOWNTOWN PARKING, INC.; AND J. D. MAIN, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING LAND SIDE SUPPORT FACILITIES
AND PARKING FOR AN EXCURSION RIVERBOAT GAMING VESSEL IN DOWNTOWN
� CAPE GIRARDEAU, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NJ. 96-256 was approved upon Mr. Neumeyer's motion, Mr. Williamson's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
Nays, none. Upon questioning by Mr. Eggimann, City Attorney Eric Cunningham stated this is a 12
month extension.
iRegarding the Kent Street extensie:.project, Mr. Gateley requested staff proceed with this project,
including right-of-way acquisition.
BILL NO. 96-247 was given second and third readings as follows:
� AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE,
f ESTABLISHING STOP SIGNS ON EARLEEN STREET AT KENT STREET, IN THE CITY OF
� CAPE GIRARDEAU, MISSOURI
�
�
(
� i
101
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SQSS1011 September 3 19 96
S23787
The second and third readings of BILL NO. 96-247 were approved and the ordinance adopted upon
Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 96-247 is ORDINANCE NO. ,�
2035.
BILL NO. 96-253 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF TI�CODE OF ORDINANCES OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF A TRACT ON THE
EAST SIDE OF INTERSTATE 55,BETWEEN BLOOI�'IELD ROAD AND NEW HIGHWAY 74, �
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM C-1 TO G2
The first reading of BILL NO. 96-253 was approved upon Mr. Eggimann's motion, Mr. Gateley's
second, and the following vote: Ayes,Eggimann, Gateley,Kasten, Neumeyer, Spradling, Williamson.
Nays, none.
BILL NO. 96-257 was given first reading as follows:
AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS FROM EUGENE R. FORYS
AND LORRAINE A. FORYS; WII.LIAM E. AND MARILYN HUGHEY; CATHOLIC DIOCESE
OF SPRINGFIELD-CAPE GIRARDEAU FOR THE CAPE LA CROIX CREEK/WALKER
BRANCH FLOOD CONTROL PROJEC'I'
The first reading of BILL NO. 96-257 was approved upon Mr. Gateley's motion, Dr. Kasten's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
Nays, none.
BILL NO. 96-258 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY
PLACING STOP SIGNS ON SOUTH LOUISIANA STREET AND MERRIWETHER STREET,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 96-258 was approved upon Mr. Williamson's motion, Mr. Neumeyer's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
�I Nays, none.
I
BILL NO. 96-259 was given first reading as follows:
�
AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 BY REPEALING A STOP
, SIGN ON SENA FAWN, AND ENACTING NEW STOP SIGN LOCATIONS ON SENA FAWN
AND MELODY LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 96-259 was approved upon Mr. Williamson's motion, Mr. Eggimann's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
Nays, none.
BILL NO. 96-260 was given first reading as follows: �
I�
i!
i
102
Proceedings of the City Council, City of Cape Girardeau, Mo.
_______,__Regular SeSSlOf1 September 3 19 96__
523787
AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE,
ESTABLISHING SPEED LIMITS ON LEXINGTON AVENUE AND NORTH SPRIGG STREET,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
� The first reading of BILL NO. 96-260 was approved upon Mr. Gateley's motion, Mr. Eggimann's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
Nays, none.
BILL NO. 96-261 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE W OF SECTION 26-137 OF THE CITY CODE,
ESTABLISHING PROHIBITED TRUCK TRAFFIC, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
Mr. Williamson made a motion, seconded by Mr. Gateley, to approve the first reading of BILL NO.
96-261. After discussion Mr. Eggimann made a motion, seconded by Mr. Gateley, to amend the
ordinance by prohibiting huck traffic on Lexington Avenue west of its intersection with North Sprigg
Street, thereby allowing huck traffic on North Sprigg Street from Bertling Street to Lexington Avenue
and on Lexington Avenue from North Sprigg Street to Big Bend Road. The amending motion was
approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling,
Williamson. Nays, none. The original motion was approved as amended upon the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none.
BILL NO. 96-262 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE,
I ESTABLISHING NO PARKING ON LEXINGTON AVENUE, IN THE CITY OF CAPE
i GIRARDEAU, MISSOURI
�
i
The first reading of BILL NO. 96-262 was approved upon Mr. Williamson's motion, Mr. Gateley's
second,and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
Nays, none.
� BILL NO. 96-263 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, �
ESTABLISHING NO PARKING ON NORTH HENDERSON STREET, IN THE CITY OF CAPE
� GIRARDEAU, MISSOURI
�
The first reading of BILL NO. 96-263 was approved upon Dr. Kasten's motion, Mr. Williamson's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. �
Nays, none.
BILL NO. 96-266 was given first reading as follows:
AN ORDINANCE APPROPRIATING FUNDS FOR THE DEPARTMENT OF PUBLIC WORKS,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
103
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SeSSIOn September 3 19 96
523787
I
The first reading of BII,L NO. 96-266 was approved upon Mr. Neumeyer's mo6on, Mr. Eggimann's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
Nays, none.
BILL NO. 96-267 was given first reading as follows: '
AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY �I
CONSTRUCTION EASEMENTS FROM JAMES H. JONES AND DIXIE A. JONES; RONALD
C. ROTH AND JUDITH A. ROTH; JOSEPH E. DONER AND SARAH A. DONER; HAROLD
C. TILLEY AND CARLA S. TII.LEY;JACHIE G. SWIFT AND PHYLLIS A. SWIFT; LAVERNE
G. LAUXMAN AND SANDRA H. LAUXMAN; FRED O. GRABEL AND KATHY E. GRABEL;
ROGER E. SI�NNER AND JOANIE B. SKINNER; DON CURTIS COONCE AND CHARMAINE
M. COONCE FOR THE TWIN LAKES SUBDIVISION SANITARY SEWER PROJECT
The first reading of BILL NO. 96-267 was approved upon Mr. Gateley's motion, Dr. Kasten's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
Nays, none.
BILL NO. 96-252 was presented as follows:
,,
` A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENT NO.
4 TO AN INTERIM LIABILITY AGREEMENT WITH THE FEDERAL AVIATION
ADMINISTRATION FOR THE CAPE GIRARDEAU REGIONAL AIRPORT TRAFFIC
CONTROL TOWER
The reading of BILL NO. 96-252 was approved and the resolution adopted upon Dr. Kasten's motion,
Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Spradling, Williamson. Nays, none. BILL NO. 96-252 is RESOLUTION NO. 1197. '
I BILL NO. 96-264 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TRANSFER
AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR THE AIRPORT
TRAFFIC CONTROL TOWER
The reading of BILL NO. 96-264 was approved and the resolution adopted upon Mr. Eggimann's
motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Spradling, Williamson. Nays, none. BILL NO. 96-264 is RESOLUTION NO. 1198.
BILL NO. 96-265 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
ROBINSON CONSTRUCTION COMPANY FOR THE CAPE ROCK WATER TREATMENT
PLANT
The reading of BILL NO. 96-265 was approved and the resolution adopted upon Mr. Williamson's
motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 96-265 is RESOLUTION NO. 1199.
�I
104
Proceedings of the City Council, City of Cape Girardeau, Mo.
____ Re�ular SeSSIOft September 3 1 g 96____
523787 -' . -
Mr. Tom Higgins and Mr. Mike Seabaugh were appointed to the Golf Course Advisory Board for
terms expiring September 4, 1999, upon Mr. Gateley's motion, Mr. Williamson's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, 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 16, 1996, City Council meeting upon
Mr. Eggimann's motion, Mr. Williamson's second,and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Spradling, Williamson. Nays, none. I
A temporary 5% beer by the drink license for Southeast Missouri Hospital Foundation for an event
to be held September 21, 1996, at the St. Vincent's Seminary Grounds was approved upon Mr.
Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Spradling, Williamson. Nays, none.
i
A temporary 5% beer by the drink license for St. Vincent de Paul Home&School Association for
an event to be held November 7-11, 1996, at the A. C. Brase Arena Building was approved upon Dr.
Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Spradling, Williamson. Nays, none.
A 3.2% non-into�cicating beer by the drink license for SEMO Pizza, Inc., d!b/a Imo's Pizza, 1201
Broadway, Scott Bucher, Managing Officer, was conditionally approved upon Dr. Kasten's motion,
Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Spradling, Williamson. Nays, none.
A retail liquor by the drink license for Leliva Hotel&Management LLC, d!b/a Town House Inn, 505
N. Kingshighway, Jan Wasikowski, Managing Officer, was conditionally approved upon Mr.
! Williamson's motion, Dr. Kasten's second, and the following vote; Ayes, Eggimann, Gateley, Kasten, �
� Neumeyer, Spradling, Williamson. Nays, none.
Regarding Clarkton Place IV Subdivision, Mr. Eggimann questioned whether the new homes in the
subdivision have water. City Engineer Mark Lester responded that one house currendy under
construction has no water and two others are on the water line. A six month extznsion to the escrow
( agreement should be enough time for the developer to complete the improvements. If the escrow is
not extended, it will expire September 16. The city would hold enough money to complete the
improvements, and then would bid out and complete the project. He also explained that he had
scheduled a meeting with the developer to discuss this matter, and the developer did not show up for
the meeting. After further discussion, the escrow agreement for Clarkton Place IV Subdivision was
extended for six months upon Mr. Williamson's moUon, Dr. Kasten's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none.
Regarding the draft ordinance establishing an Ethics Commission, Mr. Gateley made a motion, r
seconded by Mr. Neumeyer, to place the ordinance on the September 16 agenda for first reading.
� Eric Cunningham stated there will be a few minor corrections to the ordinance. The morion was
approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling,
Williamson. Nays, none.
The sanitary lateral sewers constructed to serve a portion of Sewer District 14-1-F-5, Northside
Estates, were accepted into the city's system, and the escrow covering these improvements was
released upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann,
iGateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none.
105
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOfI September 3 �9 96__
S23787
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, Spradling,
Williamson. Nays, none.
� �
A. . Spradling III, Mayor
/' ,� .
Gayle . Conrad, Deputy City Clerk
,
�
E
;�
��
I� I
�
�
i
�
� �
i
�
i
I