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Home My WebLink AboutCouncil.Minutes.01-06-1997.Regular 169 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular SessiOtl .7aniiar� h 19 g�_ 523787 REGiJI.AR SESSION-JANUARY 6, 1997 Council convened in regular session on Monday, January 6, 1997, 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. Roy Jones of the Cape Baptist Association, and the Pledge of Allegiance was recited. The irunutes of the December 16, 1996, regular session were approved upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, IVeumeyer, Rickard, Spradling, Williamson. Nays, none. The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, IVeumeyer, Rickard, Spradling, Williamson. Nays, none. I This be►ng the date set for a public hearing regarding the request of the Lutheran Home for the Aged , to rezone a parcel of land at 2825 Bloomfield Road from R-1, single family residential district, to R-4, multiple family residential district, the hearing was opened. There being no appearances, the hearing was closed. i This being the date set for a public hearing regarding the request of the Lutheran Home for the Aged for a special use permit for a home health agency office at 2861 Bloomfield Road in an R-1, single ,� family residential 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 Odd Fellows Lodge and William Bird, Sr. for a special use permit for a day care center at 825 South Ellis Street in an R-3, two-family residential district, the hearing was opened. Ms. Lillian Martin appeared on behalf of the day care center in support of the request and to answer any questions. Mr. John Selner appeared in opposition to the reyuest and inquired about the following: What is the age population at the day care? Has the ownership of the building transferred hands? Who hired the labor for renovating the building? How will the 200 percent increase in tra�c be handled? How will the increase in demand for parking be handled? Why are all three readings being given at this meeting? What are the hours of the day care? Where will the children be coming from? He expressed concerns about parking and there being no curbs on the streets in this area. Mayor Spradling responded there will be juvenile children from ages 2 through 12 at the day care. Three readings were requested so the transfer of the property could be completed and the center opened, The Planning and Zoning Commission approved the parking, and the special use permit requires enough parking for the employees and patrons. Ms. Martin gave additional information on the day care. There being no further appearances, the hearing was closed. BILL NO. 97-3 was given first, second and third readings as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ODD FELLOWS LODGE AND WILLIAM BIRD, SR., FOR PURPOSES OF MAINTAINING AND OPERATING A DAY CARE CENTER AT 825 SOUTH ELLIS STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI 170 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOtI January 6 19 97 S23787 Mr. Eggimann made a motion, seconded by Mr. Williamson, to approve the first, second and third readings of BILL NO. 97-3 and to adopt the ordinance. Mr. Rickard made an amending motion that BILL NO. 97-3 be approved for first reading only, The motion failed for lack of a second. The i original motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, Rickard. BILL NO. 97-3 is ORDINANCE 1V0. 2106. I Mr. Ron Scheper appeared in opposition to BILL NO. 97-4 relating to the water rate increase. He questioned why the city needed Alliance Water Resources to manage the system when the city could � manage it and save money. He displayed several original rece►pts for items he said were purchased by Alliance that he felt were not appropriate. In addition, revenue figures from last year should be reviewed before the rate increase is approved. Ms. Jane Gaffigan appeared in opposition to BILL NO 97-4 relating to the water rate increase. She stated that when the water bond presentations were given, it was presented as either vote for the water ! bond or the city will raise your water rates. She questioned if at the time of the water bond election, Public Works intended to ask for a five percent rate increase this soon and if the City Council knew i} about it. Mayor Spradling stated that the increase was included in ihe 1996-97 city budget. In addition fact sheets about the water bond issue were made available to all residents. They stated that the water bond issue was not associated with water rates, which are used for operation and maintenance costs, and that future increases would be necessary to offset inflation and other factors. � Mr. Scott Rhodes appeared in support of approving the preliminary plat of Progress Court and to answer any questions. The preliminary plat of Progress Court was approved upon Mr. IVeumeyer's motion, Dr, Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-4 was given first reading as follows: AN ORDINANCE AMENDING SECTION 29-302 OF THE CITY CODE RELATING TO WATER RATES. Mr. Neumeyer made a motion, seconded by Dr. Kasten, to approve the first reading of BILL IVO. 97-4. Mr. Gateley made an amending motion, seconded by Mr. Eggimann, that city staff prepare a cost analysis on operations, labor, equipment and materials for the water system, and that BILL NO. 97-4 be tabled to the January 21 City Council meet�ng for first, second and third readings. The amending motion was approved upon the following votee Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. I � I Mr. Gateley questioned if there was an updated version of the City Charter. City Attorney Eric Cunningham expla►ned that it is being worked on and should be available within the next couple of weeks. Mr, Gateley requested an update on the Ethics Commission. Mr. Cunningham stated that applications for the Commission are being prepared, and cit�zens should be able to apply within the next couple of weeks. i � Mr. Gateley requested the City Council hold a joint meeting with the Airport Advisory Board to � update the Council on A►rport issues. Staff will schedule the meeting. 171 Proceedings of the City Council, City of Cape Girardeau, Mo. RPg>>1 ar SeSSIOfI .7ani��6 19 9.�. 523787 Mr. Eggimann requested that the citazens affected be updated on the status of the Marietta Street bridge and Walker Branch flood control project. The follow►ng bills were given second and third readings. BILL NO. 96-346 AN ORDINANCE AMENDING SECTION 15-426(B) OF THE CITY � CODE RELATING TO THE BOARD OF EXAMINERS BILL NO. 96-347 AN ORDINANCE NANIING NEW MISSOURI ROUTE 74 IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AS SHAWNEE PARKWAY iI BILL NO. 96-351 AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE � IMPROVEMENT OF LEXINGTON AVENUE, PHASE V, FROM OLD SPRIGG STREET ROAD TO BIG BEND ROAD, FOR A DISTANCE OF I 4,655.12 FEET,IN THE CITY OF CAPE GIRARDEAU,MISSOURI,AND f AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR i BILL NO. 96-353 AN ORDINANCE AMENDING SECTION 26-331(a) OF THE CITY � CODE RELATING TO LEAVING THE SCENE OF AN ACCIDENT BILL NO. 96-354 AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, ESTABLISHING A HANDICAPPED PARKING SPACE ON NORTH FOUNTAIN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 96-352 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS FROM DAVID L. AND CINDY MISKELL AND E.R. THOMPSON CONSTRUCTION COMPANY, INC. FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT BILL NO. 96-357 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS FROM PAUL D. GERLACH AND MARY J. GERLACH AND WALTER J. FORD AND IRIS J. FORD; AND FROM TERRI L. McIVEELY AND ROGER D. McNEELY FOR THE CAPE GIRARDEAU RECREATION TRAIL PROJECT BILL NO. 96-358 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY COIVSTRUCTION EASEMENTS FROM JAMES A. PHEGLEY; KENNETH O. WINDISCH AND JANE E. WINDISCH FOR THE TWIN LAKES SUBDIVISION SANITARY SEWER PROJECT The second and third readings of BILL NOs. 96-346, 96-347, 96-351, 96-353, 96-354, 96-352, 96- 357 and 96-358 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, Spradling, Williamson. Nays, none. BILL NO. 96-346 is ORDINANCE NO. 2107; BILL IVO. 96-347 is ORDINANCE NO. 2108; BILL NO. 96-351 is ORDINANCE NO. 2109; BILL NO. 96-353 is ORDINANCE NO. 2110; BILL NO. 96-354 is ORDINANCE NO. 2111; BILL NO. 96-352 is ORDINANCE NO. 2112; BILL NO. 96-357 is ORDINANCE NO. 2113; BILL NO. 96-358 is ORDINANCE NO. 2114. � !i � 172 Proceedings of the City Council, City o# Cape Girardeau, Mo. Regular S@SSIOfI January 6 19 97 523787 BILL NO. 97-1 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 2825 BLOOMFIELD ROAD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-4 The �rst reading of BILL NO. 97-1 was approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, iWilliamson. Nays, none. BILL NO. 97-2 was given first reading as follows: � I AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LUTHERAN HOME FOR THE AGED, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A HOME � HEALTH AGENCY OFFICE AT 2861 BLOOMFIELD ROAD, IN THE CITY AND COUNTY OF '� CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-2 was approved upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-5 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM HARRY F. AND MARTHA A. IVESTER F'OR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The first reading of BILL NO. 97-5 was approved upon Dr. Kasten's motion, Mr. Gateley's second, and the follow►ng vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. IVays, none. BILL NO. 97-6 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BIG RIVER RESOURCES CORPORATION FOR THE LANDFILL FENCING PROJECT The reading of BILL NO. 97-6 was approved and the resolution adopted upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none, BILL IVO. 97-6 is RESOLUTION NO. 1222. � BILL NO. 97-7 was presented as follows: i A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ALBERSON &ASSOCIATES, ARCHITECTS, FOR INSTALLATION OF AN ELEVATOR IN CITY HALL The reading of BILL NO. 97-7 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. 97-7 is RESOLUTION NO. 1223. I 173 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular S2SSIOCI Januarv 6 19 97 S23787 A 5% beer by the drink license for Robbie Andronikos, d/b/a Cafe Alexander, 1034 Broadway, Robbie Andronikos, Managing O�cer, was conditaonally approved upon Dr. Kasten's motion, Mr, Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. , A 5% beer by the drink license for DeJoy's Inc, d/b/a Bob's Fish House, 1015 North Kingshighway, Dennis Stockard, Managing Officer, was conditionally approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The preliminary plat of Ashland Court Subdivision Phases 2 and 6 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. I An out-of-district sewer permit was granted to Harold Strack at 2907 Bout�n Drive for a sewer connection into Sewer District 14-1-F upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. I Nays, none. BILL NO. 97-8 was presented as follows: I A RESOLUTION EXPRESSING DISPLEASURE AT TCI CABLEVISION OF MISSOURI, INC,'S HANDLING OF RECENT CHANNEL AND PROGRAMMING CHANGES The reading of BILL NO. 97-8 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. 97-8 is RESOLUTION NO. 1224. Mr. Gateley welcomed a member of Boy Scout Troop 5 attending the meet�ng as part of his merit badge. ! � There being no further business, the Council adjourned upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. I I� A. 11 . Spradi ng III, Mayor I I �. I� � � �� , , . � � ,�,,. . . �� Gayle L�' onrad, Deputy City Clerk I ��