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Home My WebLink AboutCouncil.Minutes.11-18-1996.Regular 14�' Proceedings of the City Council, City of Cape Girardeau, Mo. _ Re�ular SeSSIOfI N4y�mber 18 _____ __ 19 __�_Cz__ REGULAR SESSION- NOVEMBER 18, 1996 ICouncil convened in regular session on Monday, November 18, 1996, at 7:30 p.m. with Mayor Al � Spradling III presiding and Council Members Richard Eggimann, Melvin Kasten, Tom Neumeyer, and Jack Rickard present. Melvin Gateley and J.J. Williamson were absent. The invocation was presented by Rev. Paul Short of St. Andrews Lutheran Church, and the Pledge I of Allegiance was recited. The minutes of the November 4, 1996, regular and executive sessions and the November 7, 1996, � special session were approved upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. The agenda was adopted as distributed upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. This being the date set for a public hearing regarding the request of Scott M. Rhodes, Mark E. �� Rhodes, and Kelly S. Holloway to rezone 1110 N. Cape Rock Drive from R-1, single family residential district, to R-2, single family residential district, and for a special use permit for a community unit plan, the hearing was opened. Mr. Scott Rhodes appeared in support of the request and explained the project. Mr. Bill Dunham, 1157 Landgraf, appeared and questioned whether the zoning would stay R-2 if the housing unit development is not built. He expressed concerns with the possibility that apartments could be put on this property. Mayor Spradling explained the property will remain R-2; however, apartments are allowed only in R-4. There being no further appearances, the hearing was closed. BILL NO. 96-322 was given first reading as follows: AN ORDINANCE AMENDWG CHAPTER 30 OF THE CODE OF ORDINANCES OF THE C[TY OF CAPE G[RARDEAU, MISSOURI BY CHANGING THE ZONING OF 1110 NORTH CAPE ROCK DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-2 The first reading of BILL NO. 96-322 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, � none. BILL NO. 96-323 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SCOTT M. RHODES, MARK E. � RHODES AND KELLY S. HOLLOWAY, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A COMMUNITY UNIT PLAN AT 1110 NORTH CAPE ROCK DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 96-323 was approved upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. Mr. Winfred Wren appeared in support of BILL NO. 96-333 regarding the corrected record plat of � I( Northside Estates Subdivision. �� , 148 Proceedings of the City Council, City of Cape Girardeau, Mo. __Regular ____ SeSSIOtI November 18_ _ 1996 _ � BILL NO. 96-333 was given first reading as follows: AN ORDINANCE APPROVWG THE REVISED RECORD PLAT OF NORTHSIDE ESTATES SUBDIVISIOIV i The first reading of BILL NO. 96-333 was approved upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. Mr. Chuck Moutell appeared in support of BILL NO. 96-334 regarding the record plat of Southeast Properties Subdivision No. 1. Upon questioning by Mr. Neumeyer, he stated there would be local management of the project. BILL NO. 96-334 was given first, second and third readings as follows: � AN ORDINANCE APPROVING THE RECORD PLAT OF SOUTHEAST PROPERTIES � SUBDIVISION NO. I The first, second and third readings of BILL NO. 96-334 was approved and the ordinance adopted upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, 1{asten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 96-334 is ORDINANCE NO. 2078. Mayor Spradling welcomed students from Mr. Trickey's Notre Dame Civics Class. � BILL NO. 96-307 was given second and third readings as follows: i� �I AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY CODE RELATING TO THE 1996 BOCA CODES ; Mr. Neumeyer made a motion, seconded by Mayor Spradling, to approve the second and third �, readings of BILL NO. 96-307 and adopt the ordinance. Mr. Eggimann made an amending motion, seconded by Mr. Rickard, to eliminate the requirement in the Code for smoke detectors in each bedroom of one and two family dwellings. Mr. Eggimann explained his reasons for this amendment. Mr. Dave Alberson of the Board of Appeals discussed the Board's recommendations on this issue. � After discussion, the amending motion failed on the following roll call vote. Eggimann, aye; Kasten, Iaye; Neumeyer, nay; Rickard, aye; Spradling, nay. The original motion was approved upon the Ifollowing vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. � � 96-307 is ORDWANCE NO. 2079. � The following bills were given second and third readings. � BILL NO. 96-304 AN ORDINANCE ENACTING A NEW SECTION 30-39(d)(36) RELATING TO SPECIAL USE PERMITS B(LL NO. 96-303 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MAX MEDIA PROPERTIES, LLC, FOR PURPOSES OF MAINTAINING AND OPERATING A TEMPORARX MOBILE HOME OFFICE AT 806 AND 814 ENTERPRISE STREET, IN THE CITY AND COUNTY OF CAPE j GIRARDEAU, MISSOURI �� i 149 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOfI �ovember 18 19 96 BILL NO. 96-312 AN ORDINANCE AMENDING THE BOUNDARIES OF TRUNK SEWER DISTRICT IVO. 14-1-B, A SUBDIVISION OF SEWER DISTRICTS NO. 12 AND 14, AS ESTABLISHED BY ORDINANCE NO. 560, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 96-313 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL � SEWER DISTRICT NO. 14-1-B-2, A SUBDIVISION OF TRUNK SEWER I DISTRICT NO. 14-1-B, APPROVING THE PLANS AND � AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SANITARY i LATERAL SEWERS W LATERAL SEWER DISTRICT NO. 14-1-B-2, � UNDER A PRNATE CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI f � BILL NO. 96-315 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FROM � ASHLAND LAND DEVELOPMENT COMPANY, WC.; FOR THE i TWIN LAKES SUBDNISION WATER MAIN EXTENSION PROJECT BILL NO. 96-308 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FOR SEWER PIPE FROM KENRICK BURROUGH, BRISCO TAYLOR AND �� THE FIRST NATIONAL BANK OF CAPE GIRARDEAU, FOR SEWER � DISTRICT NO. 13 BILL NO. 96-309 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS FROM GLENDA J. MCBRIDE FRANCK AND KENNETH FRANCK, DONALD R. MCBRIDE AND JUDITH A. MCBRIDE; HELEN M. CROW; AND LARRY E. ERWIN AND JAYNE R. ERWIN AND A TEMPORARY CONSTRUCTION EASEMENT FROM GLENDA J. MCBRIDE FRANCK AND KENNETH FRANCK AND DONALD R. MCBRIDE AND JUDITH A. MCBRIDE FOR THE CAPE LA CROIX i CREEK/WALKER BRANCH FLOOD CONTROL PROJECT � BILL NO. 96-314 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM ROBERT J. ENGLAND AND MARY A. ENGLAND; LARRY J. HODGES AND RACHEL Y. HODGES; BEN A. HING AND BEULAH V. KING; RALPH JOHN KNOBLAUCH AND GLENNA K. KNOBLAUCH; J. WELDON MCBRIDE AND DOROTHY L. MCBRIDE; JUANITA M. � � RATLIFF; JOSEPH N. SHIPP; BOYD MISSOURI, INC.; AND BSE PROPERTY COMPANY, INC. AND ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM JESS R. BOLEN AND MARY A. BOLEN; TONY R. LAPE AND DANNA LAPE; LEROY WILKE; HILARY F. SCHMITTZEHE; BARRY MALAHY AND PATRICIA KAYE MALAHY; AND TERRY W. YOUNG AND PAMELA S. YOUNG FOR THE PHASE II FACILITY PLAN FOR SANITARY SEWER IMPROVEMENT PROGRAM �I 150 Proceedings of the City Council, City of Cape Girardeau, Mo. _Re�ular __ S6SSIOCI November 18 __ 19 .96___ BILL NO. 96-318 AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE IMPROVEMENT OF BRUCHER STREET FROM WAYNE STREET TO BERTLING STREET, A DISTANCE OF 1,503 LINEAL FEET, IN THE CITY OF CAPE GIRARDEAU, NIISSOUR(, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR BILL NO. 96-321 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM EDWIN E. RHODES AND ALMARETTA RHODES; RONALD LEE WERNER AND JANET SUE WERNER; GARY P. ROMANN AIVD JEANNE H. ROMANN; DAN M. KEEFER AND LINDA H. KEEFER; WALKER A. WYNKOOP AND YOSHIKO SATO; LOUIS HENRY HAGLER AIVD � BARBARA ELIZABETH HAGLER; AND ACCEPTING A TEMPORARY � CONSTRUCTION EASEMENT FROM JOE D. KING AND MARY M. I KING FOR THE TWIN LAKES SLJBDNISION SANITARY SEWER i PROJECT � The second and third readings of BILL NOs. 96-304, 96-303, 96-312, 96-313, 96-315, 96-308, 96- 309, 96-314, 96-318 and 96-321 were approved and the ordinances adopted upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickartl, Spradling. Nays, none. Mayor Spradling abstained for financial reasons on BILL NO. 96- ' 303. BILL NO. 96-304 is ORDINANCE NO. 2080; BILL NO. 96-303 is ORDINANCE NO. 2081; BILL NO. 96-312 is ORDINANCE NO. 2082; BILL NO. 96-313 is ORDINANCE NO. 2083; BILL NO. 96-315 is ORDINANCE NO. 2084; BILL NO. 96-308 is ORDINANCE NO. 2085; BILL NO. 96-309 is ORDWANCE NO. 2086; BiLL NO. 96-314 is ORDINANCE NO. 2087; BILL NO. 96- 3l8 is ORDINANCE NO. 2088; BILL NO. 96-321 is ORDINANCE NO. 2089. BILL NO. 96-324 was given first reading as follows: AN ORDINANCE REPEALING ARTICLE XI OF CHAPTER 17 OF THE CITY CODE, RELATING TO POLITICAL CAMPAIGN SIGNS The first reading of BILL NO. 96-324 was approved upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. 1�Iays, no ne. Mayor Spradling requested the City Attorney prepare an ordinance for the December 2 City Co�mcil agenda prohibiting political campaign signs on city right-of-way. � � BILL NO. 96-325 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM JAMCE M. METZLER AND ARVIN N. NAPIER AND GWENDOLYN A. NAPIER FOR THE CAPE LA CRO(X CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The first reading of B[LL NO. 96-325 was approved upon Mr. Neumeyer's motion, Dr. Kasten's I second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. I BILL NO. 96-326 was given first reading as follows: 151 Proceedings of the City Council, City of Cape Girardeau, Mo. __ Re�ular ___ __ S2SSIOCI Nov _mb _r �_ ___ 19 �_�__ S23 I i AN ORDINANCE REPEALING ARTICLE X OF CHAPTER IS OF THE CITY CODE AND ENACTING A NEW ARTICLE X IN LIEU THEREOF, RELATING TO SALE OF CIGARETTES The first reading of BILL NO. 96-326 was approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. � � BILL IVO. 96-329 was given first reading as follows: AN ORDINANCE ACCEPTING PERMAIVENT EASEMENTS AND TEMPORARY I CONSTRUCTION EASEMENTS FROM CAPE REALTY INVESTMENT CORPORATION; BOB H. COOK AND CATHY COOK; GLEN L. HAMILTON FOR THE TWIN LAKES SUBDIVISION SANITARY SEWER PROJECT The first reading of BILL NO. 96-329 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 96-330 was given first reading as follows: ; � AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT � NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANACER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, ON LEXINGTON AVENUE, PHASE V, FROM OLD SPRIGG STREET ROAD TO BIG BEND ROAD, FOR A DISTANCE OF 4,655.12 FEET IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 96-330 was approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. B[LL NO. 96-331 was given first reading as follows: AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE IMPROVEMENT OF SPRIGG STREET EXTENSION NORTH FROM BERTLING STREET TO LEXINGTON AVENUE, FOR A DISTANCE OF 4,507.13 FEET, IN THE CITY OF CAPE GIRARDEAU, M[SSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR The first reading of BILL NO. 96-331 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, , none. � ( Final payment to Dannie Gilder Excavating, Inc. was authorized for improvements to Sprigg Street , north fi•om Bei•tling Street to Lexington Avenue, upon Dr. Kasten's motion, Mr. Eggimann's second, (j and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. i i BILL NO. 96-332 was given first reading as follows: � I I 152 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular November 18 96 ------ Session ----- — 19 --- AN ORDINANCE AMEND[NG SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABL(SHING NO PARKING ON MOUNT AUBURN ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL IVO. 96-332 was approved upon Mr. Neumeyer's motion, Dr. Kasten's � second, and the following vote: Ayes, Eggimarin, Kasten, Neumeyer, Rickard, Spradling. Nays, none. � B[LL NO. 96-327 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED RELEASE OF LIEN FOR THE COMMUNITY BLOCK GRANT PROGRAM The i•eading of BILL IVO. 96-327 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Rickard's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. BILL NO. 96-327 is RESOLUTION NO. 1212. B[LL NO. 96-328 was given first reading as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR THE COMMUN(TY BLOCK GRANT PROGRAM The first reading of BILL NO, 96-328 was approved upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. B[LL NO. 96-328 is RESOLUTION NO. 1213. Mr. Jerry Deardorff was appointed to the Cable Television Citizens Committee for a term expiring February 20, 1998, upon Mayor Spradling's moUon, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. Mr. Cord Dombrowski was appointed to the Show Me Center Board of Managers for a term expiring December 1, 1999, upon Mayor Spradling's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. The following City Council meetings in 1997 were changed upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. Monday, January 20, M.L. King, Jr. Day, changed to Tuesday, January 21. � Monday, February 17, President's Day, changed to Wednesday, February 19 � Monday, September l, Labor Day, changed to Tuesday, September 2 � � Dr. Kasten made a motion, seconded by Mr. Neumeyer, to approve the Missouri Highway and Transportation Department Signs Project and to grant permission to the Department to proceed on municipal routes. The motion was approved upon the following vote: Ayes, Eggimann, Kasten, I i Neumeyer, Rickard, Spradling. Nays, none. IRegarding the New Madrid/Henderson intersection project, Mr. Eggimann made a motion, seconded by Mr, Rickard, to approve the new design presented by the Planning & Zoning Commission, and to authorize city staff to proceed. The motion was approved upon the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. � 153 Proceedings of the City Council, City of Cape Girardeau, Mo. _ Regular S@SSIOfI November 18 19 96_ 523787 There being no further business, the Council adjourned upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. . M. Spradling III, Mayor � I.J. I ?�� , ��c�- Gayle . Conrad, Deputy City Clerk � � I I I �