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HomeMy WebLinkAboutCouncil.Minutes.09-16-1996.Regular 109 Proceedings of the City Council, City of Cape Girardeau, Mo. __Regular __ S2SSIOtI September 16 _ 19 2�_ S23 I REGULAR SESSION- SEPTEMBER 16, 1996 � Council convened in regular session on Monday, September 16, 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. Charles Lance, First Assembly of God Church, and the Pledge of Allegiance was recited. Prior to regular session, the City Council met in Executive Session for the purpose of discussing real estate 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 September 3, 1996, regular and executive sessions were approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. i The agenda was adopted as distributed upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. I Nays, none. Mayor Spradling welcomed the Civics Class from Notre Dame High School and the Social Work Class from Southeast Missouri State University. This being the date set for a public hearing to receive input regarding the city's present ordinance regulating fireworks, and whether to ban fireworks, parUally ban fireworks, or leave tlie city's ordinance as is, the hearing was opened. Mr. Pat Patterson appeared and exp:essed his concerns with allowing fireworks. He suggested that the time period to shoot them be shortened to one week or ban fireworks entirely. Mr. Bill Reed appeared and requested that fireworks only be allowed in the county and not in the city. Ms. Loretta Dodd appeared and expressed her opposition to completely banning fireworks. This is a part of family activities on the fourth of July. Mr. Richard Hoffman appeared and stated he operates fireworks stands in this area. Over the last ' several years, there has been a good rate of safety and a low rate of public disturbance. He has studied regulations and concerns about fireworks and would be willing to provide additional information to the Council. There being no further appearances, the hearing was closed. Mr. Gateley made a motion, seconded by Mr. Williamson, to place on the October 7 City Council agenda discussion and possible action regarding the city's fireworks ordinance. Mr. Neumeyer suggested the Council not look at a complete ban but shorten the time period from two weeks to one to two days. After discussion, the motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Gateley requested that the Fire Chief be present at the next City Council meeting to discuss fire safety concerns with fireworks. 110 Proceedings of the City Council, City of Cape Girardeau, Mo. __Re ular __ _ S@SSIOfI September 16 1 g96 S2378 Tom Taggart, Water System Manager for Alliance Water Resources, gave a presentation on the water bond issue that will appear on the November election ballot in the city. Dr. Keith Russell appeared and requested the Council address items 21 and 41 on the agenda relating � to the Ethics Commission and status of the Charter amendments. , Mr. Gerald Driver appeared to address the discussion regarding possession of wbacco products by minors. The term "possession or attempt to purchase" needs to be clarified so as not to preclude compliance checks mandated by the federal government. Mayor Spradling explained that the City Council discussed this matter in a study session and is not interested in developing the ordinance that had been set out by the city staff. Mr. Pat Patterson appeared regarding possession of tobacco products by minors. The city's ordinance on possession of alcohol could be used as a model for an ordinance on possession of tobacco. I Mr. Willie Sadler appeared and L'�anked the City Council and City staff for their vote of s��pport for � the flood buyout program. � Mr. Richard Renfrow appeared opposing the rezoning request of Holigan Family Investments for Forest Hills Estates Subdivision. The City Council denied the zoning request in June, and under Section 30-5(e) of the City Code, it is his interpretation that the Council cannot consider another request for two years. City Attorney Eric Cunningham read to the Council Section 30-5(e) of the Code of Ordinances, ahd stated that the City Council may reject a second application made within two years of a previous denial, but it is not required to do so. BILL NO. 96-268 was given first reading as follows: AN ORDINANCE ENACTING A NEW ARTICLE VII OF CHAPTER 2 OF THE CITY CODE, �; ESTABLISHING AN ETHICS COMMISSION, AND ESTABLISHING ITS MEMBERSHIP, TERMS AND DUTIES The first reading of BILL NO. 96-268 was approved upon Mr. Gateley's morion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Regarding the Charter amendments, Mayor Spradling explained that the significant item was the Ethics Commission, which was just approved for first reading, The other items have been adopted and sent to the code company for publication. The term limits will not take effect until the next election. Mr. Eggimann stated that in the Spring he will offer an amendment to the Charter provision establishing the Ethics Commission. 'T'h�present Charter provision states that a decision to investigate � a complaint shall only require three affirmative votes. He will propose that this be changed to four affirmative votes. Mr. Williamson stated that the Ward One Beautification Committee will hold a meeting on September 23 at the Red Star Baptist Church Activity Building. He tfianked Parks and Recreation Director Dan Muser and City staff for the improvements in Washington Park. Mr. Muser invited the City Council � and the public to attend a dedication ceremony in Washington Park on September 25 to recognize � organizations that have made contributions for the park. � The following bills were given second and third readings: Proceedings of the City Council, City of Cape Girardeau, Mo. 111 Regular Session September 16, 1996 BILL NO. 96-253 AN ORDINANCE AIVIENDING CHAPTER 30 OF THE CODE OF ORDINANCFS OF TI�CITY OF CAPE GIRARDEAU, MISSOURI, BY � CHANGING THE ZONING OF A TRACT ON THE EAST SIDE OF INTERSTATE 55, BETWEEN BLOOMFIELD ROAD AND NEW HIGHWAX 74, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROIVI C-1 'TO C-2 ' I BILL NO. 96-254 AN ORDINANCE AMENDING CHAPTER 30 OF THE 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 � BILL NO. 96-256 AN ORDINANCE GRANTING A SPECIAL USE PERNIIT EXTENSION I TO BOYD MISSOURI, INC.; DOWNTOWN PARKING, INC.; AND J. D. MAIN, FOR PURPOSES OF CONSTRUCTING, MAINTAINING I AND OPERATING LAND SIDE SUPPORT FACILITIES AND � PARKING FOR AN EXCURSION RIVERBOAT GAMING VESSEL IN I i DOWNTOWN CAPE GIRARDEAU, IN THE CITY AND COUNTY � OF CAPE GIRARDEAU, 1�fISSOURI BILL NO. 96-257 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS FROM EUGENE R. FORYS AND LORRAINE A. FORYS; WILLIAM E. AND MARILYN HUGHEY; CATHOLIC DIOCESE OF SPRINGFIELD- CAPE GIRARDEAU FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT BILL NO. 96-258 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF `' THE CIT� CODE, B1' PLACING STOP SIGNS ON SOUTH LOUISIANA STREET AND MERRIWETHER STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 96-259 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 BY REPEALING A STOP SIGN ON SENA FAWN, AND ENACTING NEW STOP SIGN LOCATIONS OIV SENA FAWN AND MELODY LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 96-260 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 �f GIRARDEAU, MISSOURI � BILL NO. 96-261 AN ORDINANCE AMENDING SCHEDULE W OF SECTION 26-137 OF � TI�CITY CODE, ESTABLISHING PROHIBITED TRUCK TRAFFIC, I IN THE CITY OF CAPE GIRARDEAU, MISSOURI I BILL NO. 96-262 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON LEXINGTON i AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 112 Proceedings of the City Council, City of Cape Girardeau, Mo. R�ular_______ SeSSIOtI ___ September 16____ 19 96 ___ 52378 BILL NO. 96-263 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARHING ON NORTH ' HENDERSON STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 96-266 AN ORDINANCE APPROPRIATING FUNDS FOR THE DEPARTMENT OF PUBLIC WORKS, IN THE CITY OF CAPE GIRARDEAU, � MISSOURI BILL NO. 96-267 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM JAMES H. I JONES AND DIXIE A. JONES; RONALD C. ROTH AND JUDITH A. ROTH; JOSEPH E. DONER AND SARAH A. DONER; HAROLD C. I � TII.LEY AND CARLA S. TILLEY; JACKIE G. SWIFT AND PHYLLIS � A. SWIFT; LAVERNE G. LAUXMAN AND SANDRA H. LAUXMAN; i FRED O. GRABEL AND KATHY E. GRABEL; ROGER E. SKINNER AND JOANIE B. SKINNER; DON CURTIS COONCE AND CHARMAINE M. COONCE FOR THE TWIN LAKES SUBDIVISION i SANITARY SEWER PROJECT The second and third readings of BILL Nos. 96-253, 96-254, 96-256, 96-257, 96-258, 96-259, 96- 260, 96-261, 96-262, 96-263, 96-266 and 96-267 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. BILL NO. 96-253 is ORDINANCE NO. 2036; BILL NO. 96-254 is ORDINANCE NO. 2037; BILL NO. 96-256 is ORDINANCE NO. 2038; BILL NO. 96-257 is ORDINANCE NO. 2039; BILL NO. 96-258 is ORDINANCE NO. 2040; BILL NO. 96-259 is ORDINANCE NO. 2041; BILL NO. 96-260 is I i ORDINANCE NO. 2042; BILL NO. 96-261 is ORDINANCE NO. 2043; BILL NO. 96-262 is � ORDINANCE NO. 2044; BILL NO. 96-263 is ORDINANCE NO. 2045; BILL NO 96-266 is I ORDINANCE NO. 2046; BILL NO. 96-267 is ORDINANCE NO. 2047. BILL NO. 96-251 was given first reading as follows: i I AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY PLACING STOP SIGNS ON NORTH HENDERSON STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI � The first reading of BILL NO. 96-251 was approved upon Mr. Williamson's motion, Mr. Gateley's � second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, I Williamson. Nays, none. I' BILL NO. 96-270 was given first reading as follows: ( AN ORDINANCE AMENDING CHAPTER 24 OF THE CITY CODE RELATING TO STREETS AND SIDEWALKS � The first reading of BILL NO. 96-270 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. I� II I 113 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOfI September 16 _____ 1 g _ 96_ 52378 The street improvements as shown on the approved plans, storm sewers in the street right-of-way, stormwater improvements, sanitary sewers and water improvements to serve Randol Farms Estates 2nd Addition were accepted into the city's system contingent upon completion of remaining coristruction punch list items, and the escrow covering these improvements was released upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The street improvements as shown on the approved plans, storm sewers in the street right-of-way, stormwater improvements, sanitary sewers and water improvements to serve Randol Farms Estates 3rd Addition were accepted into the city's system contingent upon completion of remaining construction punch list items upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The reimbursement of$6,523.57 to Dave Gerlach for the additional6' cost to pave Kenneth Street in Randol Farms Estates 2nd Addition and Randol Farms Estates 3rd Addition to the 36' collector street width was approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. I Mr. Eggimann made a motion, seconded by Mr. Williamson that BILL NO. 96-273 be declared an � emergency measure and given all three readings. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-273 was given first, second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF RANDOL FARMS ESTATES, THIRD � ADDITION ' The first, second and third readings of BILL NO. 96-273 were approved and the ordinance adopted 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. 96-273 is � ORDINANCE NO. 2048. i BILL NO. 96-276 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM DONALD BOELLER AND JANICE BOELLER; JOHN E. MEHNER AND KRISTY L. MEHNER; RICHARD A. McDUFFIE AND JUDY A. McDUFFIE; ELMER A. SCHEARF AND JEWELL A. SCHEARF; PAUL J. HAWKINS AND HELEN S HAWKINS; ROGER T. WAYLAND AND KATHIE S. WAYLAND FOR THE TWIN LAKES SUBDIVISION SANITARY SEWER PROJECT I The first reading of BILL NO. 96-276 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. 96-277 was given first reading as follows: 114 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular___ SeSSl011 September 16 1 g 96 szs�s� AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FROM DONALD BOELLER AND JANICE BOELLER; AND ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM ROGER E. SKINNER AND JOAN B. SHINNER FOR THE TWIN LAKES SUBDMSION WATER MAIN EXTENSION PROJECT The first reading of BILL NO. 96-277 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. Mr. Neumeyer made a motion, seconded by Mr. Eggimann, to table the first reading of BILL NO. 96-279 to the October 7 City Council meeting. The motion was approved upon the following vote: � Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-279 reads as follows: � � AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE BY ENACTING A NEW ! ARTICLE XI RELATING TO POLITICAL CAMPAIGN SIGNS I! I BILL NO. 96-274 was presented as follows: � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TI�SAFE HOUSE FOR WOMEN, INC. FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES - DIVISION OF FAMILY � SERVICES � I The reading of BILL NO. 96-274 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. 96-274 is RESOLUTION NO. 1200. I � BILL NO. 96-275 was presented as follows: I I A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SALVATION ARMY OF CAPE GIRARDEAU FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES - DIVISION OF FAMILY SERVICES The reading of BILL NO. 96-275 was approved and the resolution adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Ricl:ard, Spradling, Williamson. Nays, none. BILL NO. 96-275 is RESOLUTION NO. 1201. � BILL NO. 96-278 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN EXTENSION AGREEMENT WITH ASHLAND DEVELOPMENT CORPORATION , � iThe reading of BILL NO. 96-278 was approved and the resolution adopted upon Mr. Williamson's I motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, ( ! Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-278 is RESOLUTION NO. 1202. I I� 115 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSl011 September 16_ ___ 19 9�___ 52378 � The street, storm sewer and water improvements to serve a portion of Cape West Seventh Subdivision were accepted into the city's system upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. j Nays, none. � The water main extension to serve Kuss Family Fun Park located along Commercial Street was accepted into the city's system upon Mr. Gateley's motion, Mr. Williamson's second, and the � following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The water main extension to serve the Lutheran Home was accepted into the city's system upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The correction to the Engineer's Final Report for the 1995-1996 Street Overlay Program was accepted and the additional sum of $835.20 was authorized to be paid to ASA Asphalt, Inc. upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, � Neumeyer, Rickard, Spradling, Williamson. Nays, none. 1 Mr. Eggimann made a motion, seconded by Mr. Gateley, to grant the request of the Knights of Columbus to solicit donations for their annual tootsie roll drive on October 11 from 3:30 p.m. to 6:30 p.m. and on October 12 from 8:00 a.m. to 1:00 p.m. at the following street intersections: Kingshighway and William, Kingshighway and Broadway, Mount Auburn and Independence, and Perryville and Cape Rock. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Eggimann made a motion, seconded by Mr. Gateley, to set a public hearing and place on the October 7 City Council agenda for first reading Bill No. 96-269 relating to amendments in the city's zoning ordinance. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. � The recommendation of the Planning and Zoning Commission disapproving the request of Mike and Linda Lawrence to rezone 625 North Spanish Street from R-4, mul6ple family residential district, to C-1, local commercial district, was accepted upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. I � Regarding the request for a change in the traffic ordinance dealing with turning requirements, Mayor Spradling stated it was the consensus of the City Council to place this item on the October 7 City Council agenda for consideration. There being no fiu�ther business, the Council adjourned upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kas n, Neumeyer, Rickard, Spradling, � Williamson. Nays, none. � �-- � A. . Spradling III, Mayor Gayle L onrad, Deputy City Clerk I ,