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HomeMy WebLinkAboutCouncil.Minutes.10-07-1996.Regular 119 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOfI October 7 __ 19 96 _ REGIJI.AR SESSION-OCTOBER 7, 1996 Council convened in regular session on Monday, October 7, 1996, at 7:30 p.m. with Mayor Al Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin Kasten, I Tom Neumeyer, Jack Rickard, and J.J. Williamson present. ;( � The invocation was presented by Rev. Bill Burke, First Church of the Nazarene, and the Pledge of Allegiance was lead by Boy Scout Pack 21. � Prior to regular session, the City Council met in Executive Session for the purpose of discussing real estate acquisition and contract negotiation 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 June 5, 1996, special session, and the September 16, 1996, regular and executive sessions were approved upon Dr. Kasten's motion, Mr. Williamson'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. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mayor Spradling welcomed the Civics Class from Notre Dame High School. This being the date set for a public hearing regarding proposed amendments to Sections 30-30 and 30- 33 of the Zoning Ordinance relating to approval of similar uses in C-3 and M-1 zoning districts, 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 Holigan Family Investments, Inc. to rezone Forest Hills Estates, located along North Sprigg Street between Bertling Street and Lexington Avenue, from R-1, single family residential district, to R-2, single farruly residential district, the hearing was opened. Mr. Mitch Robinson, Director of the Cape Girardeau Area Industrial Recnutment Association, appeared in support of the request. Ms. Mary Kistner, owner of McElreath Realty, appeared in opposition to the request, stating that R-2 zoning is not appropriate for this area. The property is close to a proposed school, and the lot sizes are too small compared to surrounding property. She presented a petition to the City Council opposing this rezo�ung request. Mr. Chris Bowen of Bowen&Lawson Engineers and Surveyors appeared in favor of the request. He stated the average lot size will be 9,000 square feet. Mr. Thomas Meyer appeared regarding the request. Since the opening of Sprigg and I.exington, this will be a prime development area. With R-2 zoning this area will be too crowded and not allow room for expansion � 120 Proceedings of the City Council, City of Cape Girardeau, Mo. _ _ _Regular _ SeSSiol1 october 7 19 96__ Dr. David Crowe appeared and stated he presented an issue to the Planning&Zoning Commission relating to sidewalks. He proposed that any new development within one mile of a school or proposed school be required to have sidewalks on all streets. If the Council approves the rezoning before they approve an ordinance relating to sidewalks, it is up to the developer whether or not sidewalks are I constructed. � There being no further appearances, the hearing was closed. � City Attorney Eric Cunningham stated that if the owners of 30 percent of the property within 185 feet of the development have signed the petition, then the ordinance to rezone the property must be approved by a 2/3 vote. BILL NO. 96-281 was given first reading as follows: �I AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINAIVCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF FOREST HILLS ESTATES, LOCATED ALONG NORTH SPRIGG STREET BETWEEN BERTLING STREET � AND LEXINGTON AVENUE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI � FROM R-1 TO R-2 The first reading of BILL NO. 96-281 was approved upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Gateley made a motion, seconded by Mr. Eggimann, requiring the plat of Forest Hills Estates Subdivision to provide for sidewalks,and requesting staff to prepare an ordinancz stating that all new developments within one mile of a school or proposed school must include sidewalks on all streets. i The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Upon questioning by Dr. Kasten, Mayor Spradling stated that the proposed plat has 121ots that front North Sprigg Street. There is no on-street parking on Sprigg Street, and limited access was not acquired when the city condemned the property for the Sprigg Street extension. This being the date set for a public hearing regarding the request of Gary B. and Vonne J. Reagan for a special use permit for additional living quarters at 2409 Perryville Road in an R-1, single family residential district, the hearing was opened. Ms. Kim Baker, daughter of Gary and Vonne Reagan, appeared in support of the request and to answer any questions. 1'here being no further appearances, � the hearing was closed. I , BILL NO. 96-282 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GARY B. REAGAN AND VONNE J. REAGAN, FOR PURPOSES OF MAINTAINING AND OPERATING AN EXISTING BUILDING FOR ADDITIONAL LIVING QUARTERS AT 2409 PERRYVILLE ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI � The first reading of BILL NO. 96-282 was approved upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, � Williamson. Nays, none. � 121 Proceedings of the City Council, City of Cape Girardeau, Mo. _ _Regular SeSSIOCI October 7 _ _ 19 96 _ This being the date set for a public hearing regarding the request of Cape Bible Chapel for a special use permit for an addition to the existing church facility at 2911 Kage Road in an R-1, single family residential district; R-4, multiple family residential district; and C-1, local commercial district, the hearing was opened. Mr. Harold Tilley appeared on behalf of the church to answer any questions. i There being no further appearances, the hearing was closed. BILL NO. 96-283 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE BIBLE CHAPEL, INC., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN ADDITION TO THE EXISTING CHURCH FACILITY AT 2911 KAGE ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 96-283 was approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, I Williamson. Nays, none. i Mr. Willie Hammonds appeared in support of a liquor license request for Strictly Business. Dr. j Kasten made a motion, seconded by Mr. Williamson, to conditionally approve a retail liquor by the � drink license for Willie Charles Hammonds, d/b/a Strictly Business, 627 Good Hope, Willie Charles Hammonds, Managing Officer. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. � Regarding the TIF District, Mr. Gateley stated that the County is presently working on a development I plan. He requested staff research the following questions and report back to the Council: 1. Before adopting a redevelopment plan, the governing body of the county must determine that the area in which the proposed project is to be located has not on the whole experienced economic growth � and development through private investment in the past and that it would be reasonable to conclude the area would not experience economic growth in the future without the aid of the proposed i redevelopment project. Is this being done? 2. The general fund is supported by sales tax, and this money is used to provide services and capital improvements for all citizens. Money for the TIF fund will come from 50 percent of the sales tax � growth in the district. He questioned the validity of setting aside funds for special interest projects when the funds could be used for services such as elimination of blight, revitalize areas, provide I affordable housing, reduce crime, upgrade neighborhoods and increase city personnel salaries. � 3. A charter amendment was adopted establishing an emergency reserve fund for 15 percent of the general operating fund, and in 1995 the Council approved a motion stating that all funds above 7 percent growth in sales tu�were to be placed in a reserve fund. If there is a decline in sales tax, how will this affect the TIF fund and emergency reserve fund? I 4. In the redevelopment plan it states that a TIF District can be established in three separate areas: blighted areas, conservation areas,and economic development areas. Which area should be used for the proposed TIF District? Mr. Eggimann wanted to know what happens if there is a downturn in sales tax. He understood that a lien may be placed against the property taxes. !; 122 Proceedings of the City Council, City of Cape Girardeau, Mo. ___ R�c�ular __ SeSSIOfI October 7 __________ 19 96 _ The following bills were given second and third readings. BILL NO. 96-251 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 BILL NO. 96-268 AN ORDINANCE ENACTING A NEW ARTICLE VII OF CHAPTER 2 OF THE CITY CODE, ESTABLISHING AN ETHICS CONIlVIISSION, AND ESTABLISHING ITS MEMBERSHIP, TERMS AND DUTIES BILL NO. 96-270 AN ORDINANCE AMENDING CHAPTER 24 OF THE CITY CODE RELATING TO STREETS AND SIDEWALKS i� BILL NO. 96-276 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 BILL NO. 96-277 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. SKINNER FOR THE TWIN LAKES SUBDIVISION WATER MAIN EXTENSION PROJECT The second and third readings of BILL Nos. 96-251, 96-268, 96-270, 96-276, and 96-277 were approved and the ordinances adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the �� following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spt•adling, Williamson. Nays, none. BILI.NO. 96-251 is ORDINANCE NO. 2049; BILL NO. 96-268 is ORDINANCE NO. 2050; BILL NO. 96-270 is ORDINANCE NO. 2051; BILL NO. 96-276 is ORDINANCE NO. 2052; BILL NO. 96-277 is ORDINANCE NO. 2053. BILL NO. 96-279 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE BY �NACTING A NEW ARTICLE XI RELATING TO POLITICAL CAMPAIGN SIGNS Mr. Neumeyer made a motion, seconded by Mr. Williamson, to approve the first reading of�ILL NO. 96-279. Mr. Neumeyer made a motion, seconded by Mr. Williamson, to change the proposed ordinance by prohibiting all signs, not just political signs, on city right of way instead of within ten feet of an existing street. After discussion, the amending motion failed upon the following roll call vote: Eggimann, nay; Gateley, nay; Kasten, nay; Neumeyer, aye; Rickard, nay; Spradling, aye; Williamson, aye. The original motion was approved upon the following roll call vote: Gateley, nay; � Kasten, nay; Neumeyer, aye; Rickard, aye; Spradling, aye; Williamson, aye; Eggimann, nay. il ( 123 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOfI October 7 1 Q __96_ BILL NO. 96-272 was given first reading as follows: AN ORDINANCE AMENDING SECTIONS 26-212(c)(2) 26-215(a) OF THE CITY CODE RELATING TO TURNING MOVEMENTS The first reading of BILL NO. 96-272 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. 96-269 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO ZONING The first reading of BILL NO. 96-269 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. i BILL NO. 96-284 was given first reading as follows: AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM PAUL S. AND PATRICIA L. BROWN; ACCEPTING A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FROM THOMAS G. AND LAURA L. HINKEBEIN; ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM DALE T. AND KARLA R. PINGEL; DAVID P. AND GINA M. HERZOG; JEROME AND MARIE HINKEBEIN; AND ACCEPTING A QUICK CLAIM DEED FROM LOY W. WELKER AND MARY KAY WELKER (FORMERLY MARY KAY GERHARDT), KENNETH H. AND DOROTHY L. INGVALSON AND THOMAS H. GERHARDT FOR THE BELLERIDGE SUBDIVISION STREET IMPROVEMENT PROJECT i The first reading of BILL NO. 96-284 was approved upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley (abstain), Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-286 was given first reading as follows: AN ORDINANCE AMENDING SECTION 17-180 OF THE CITY CODE RELATING TO RESISTING OR INTERFERING WITH ARREST The first reading of BILL NO. 96-286 was approved 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. 96-287 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON BELLEVUE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI � 124 Proceedings of the City Council, City of Cape Girardeau, Mo. __ Regular_ _ S@SSIOfI October 7 19 96 _ I The first reading of BILL NO. 96-287 was approved upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, � Williamson. Nays, none. BILL NO. 96-293 was given first reading as follows: AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECFSSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, ON BRUCHER STREET FROM WAYNE STREET TO BERTLING STREET FOR A DISTANCE OF 1,503 LINEAL FEET; IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 96-293 was approved upon Dr. Kasten's mo6on, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. {� BILL NO. 96-292 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DEED OF RELEASE FOR PROPERTY AT 116 SOUTH HENDERSON AVENUE The first reading of BILL NO. 96-292 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. BILL NO. 96-290 was given first reading as follows: ' AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEP.�IENTS FROM TERRY M. TAYLOR AND DEBORAH D. TAYLOR; RICHARD T. DIAL AND ANNE H. DIAL; RAYMOND LEROY BROWN AND DAISY E. BROWN; CECIL M. CONRAD AND HELEN L. CONRAD; TRUMAN J. LEMONS AND RUBY A. LEMONS; KEITH WINFREY HUCKSTEP; ALBERT BURNETT, JR. AND RUTH E. BURNETT; ALBERT BURNETT,JR. AND RUTH EARLENE BURNETT; GLENN L. GOLIKE AND SUSAN D. GOLIKE; KEITH W. BOELLER AND MARY A. BOELLER FOR THE TWIN LAKES SUBDIVISION SANITARY SEWER PROJECT The first reading of BILL NO. 96-290 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. 96-291 was given first reading as follows: I AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS FROM JOSEPH W. ARMBRUSTER, TRUSTFE, AND MARY G. ARMBRUSTER, TRUSTEE, FOR THE CAPE GIRARDEAU RECREATION TRAIL PROJECT i� � 125 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SslOfl October 7 19 �f� 523787 The first reading of BILL NO. 96-291 was approved upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-280 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR THE COMMUNITY BLOCK GRANT PROGRAM The reading of BILL NO. 96-280 was approved and the resolution adopted 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. 96-280 is RESOLUTION NO. 1203. BILL NO. 96-285 was presented as follows: A RESOLUTION APPROVING A DEBT STATEMENT FOR THE CITY OF CAPE G[RARDEAU, MISSOURI The reading of BIL,L NO. 96-285 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 96-285 is RESOLUTION NO. 1204. BILL NO. 96-288 was presented as follows: I A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE AN AGREEMENT WITH MONROE PLUMBING & HEATING CO. FOR A WATER MAIN I EXTENS[ON ON RUST AVENUE The reading of BILL NO. 96-288 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. 96-288 is RESOLUT[ON NO. 1205. � BILL NO. 96-289 was presented as follows: A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE AN AGREEMENT WITH J. W. STRACK CONSTRUCTION FOR STREET IMPROVEMENTS The reading of BILL NO. 96-289 was approved and the resolution adopted 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. 96-289 is RESOLUTION NO. 1206. Mr. Robert W. Rollins was appointed to the Airport Advisory Board upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. A ta�cicab license for Friendly Taxi, Inc., 60 South Kingshighway, James O. Stewart, Jr. and Roger A. Stewart, owners, was approved upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. , i� 126 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 7 �9 96 523787 The efEluence from the private sewer serving the Six-Thirty Industrial Park was accepted into the city's system upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Regarding the petition received requesting a sanitary sewer extension to serve the Cape Commercial Park area, Mayor Spradling stated there will be an Ordinance on the next City Council agenda. approving this extension. The City Council discussed the city's present fireworks ordinance. Mr. Gateley made a motion, seconded by Mr. Williamson to amend Section l I-52(b) by changing the hours of discharge to I commence at 10:00 a.m. instead of 8:00 a.m. and to end at 12:00 a.m. July 5 instead of 12:00 p.m. on July 4. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Gateley made a motion, seconded by Mr. Williamson, to amend Sections I 1-52(b) by changing the beginning date of discharge from June 20 to June 25. The motion failed upon the following roll call vote: Katen, nay; Neumeyer, aye; Richard, nay; Spradling, nay; Williamson, aye; Eggimann, nay; Gateley, aye. Mr. Gateley questioned what type of fireworks are the major nuisance in the city. Acting Fire Chief Max Jauch responded it is bottle rockets. Mr. Gateley made a motion, seconded by Mr. Williamson that Section 11-46(2)(a) be amended by banning the sell and use of bottle rocket or sky rockets. The motion failed upon the following vote: Ayes, Gateley. Nays, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. There being no further business, the Council adjourned upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. A. . Spradling III, Mayor "p % � � Gayle L Conrad, Deputy City Clerk � I I I