HomeMy WebLinkAboutCouncil.Minutes.05-19-1997.Regular 231
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session �Y 19 1 g 97
523787
�
REGULAR SESSION-MAY 19, 1997
I Council convened in regular sess►on on 1��londay, May 19, 1997, at 7:30 p.m. with Mayor Al
� Spradling III presiding and Council Ivlembers Richard Eggimann, Melvin Gateley, Melvin Kasten,
Tom Neumeyer, Jack Rickard, and J,J. Williamson present.
The invocation was presented by Rev. Jim Beise, LaCroix United Methodist Church, and the Pledge
of Allegiance was recited. (
The minutes of the May 5, 1997, regular and executive sessions and May 7, 1997, special session
were approved upon Dr. Kasten's motaon, Mr. Williamson's second, and the following vote: Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
'I'he agenda was adopted as distributed upon Mr. Neumeyer's motion, Dr. Kasten's second, and the
following votee Ayes, Eggimann, Gateley, I{asten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none. �
I
Tlus being the date set for a public hearing regarding the proposed Annexation Policy for the City of i
Cape Girardeau, the hearing was opened. Mr. Keith Deimund appeared and expressed concerns with I
paragraphs 8(a)and 8(b)of the policy. He felt these types of restrictions should not be placed on land �
outside the city limits.
Mr. Jim Goggin appeared and stated he felt the policy had merit, but the City is putting itself up for
exposure by putting in too many details, I-Ie understood that good quality infrastructure is necessary,
but this policy could slow the growth of the city. The water and sewer lines outside of city lirruts are �I
presendy inspected by the city; however, homes shouYd not be. There being no further appearances, I
the hearing was closed, ��
Mr, Eggimann expressed concerns with the proposed policy. A majority of the policy relates to water I�
and sewers in subdivisions outside of the city limits, His intent was to develop a policy that would �
bring developers into the c►ty as easy as possible; however, this policy is contrary to his intent. The �
question that should be addressed in the policy is how all parties involved would benefit frorn
annexation. �
Mr. Gateley stated this proposed policy is a good beginning. If the policy is too stringent, developers
will look elsewhere to expand. He is gathering annexation plans from throughout the state for review. I
Mr. Richard Burns appeared regarding the Kent Street extension project. He stated that in 1990, �'
Woodland Hills had one access, and the residents in the area felt more were needed. There are
presently three accesses to the subdivision with one more planned, and the Kent Street extension is
not needed. The petition he previously presented represents most of the residents on Kent Street. He
did not survey the entire Woodland Hills Subdivision. He suggested the city consider stopping this
project and using the money elsewhere within the city,
Mr. Gateley responded that in 1990, one-hundred seventy-eight people, including 15 residents on Kent
Street, signed a petition requesting the Kent Street extension. The petition Mr. Burns presented
represented only 14 residents on Kent Street. The information available is overwhelmingly in favor
of putting in Kent Street. In 1994, the City had tlus project in the CIP budget for $55,000 and now
it is estimated to cost$112,000. He stated that the actual cost of the project is not yet known.
232
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session May 19 19 97
523787
Ms, Terri Welker, 2233 Kent, appeared in opposition to extending Kent Street to L.exington. She
stated that people on�elleridge Pike probably did not like the traffic, but the extension of Kent would
not alleviate the vaffic flowe
City Manager Michael Miller stated that the cost estimate for this project►s $112,000, and a portion
of this will be assessed to the abutting property owners, "The amount will depend upon the cost of
property acquisitaon.
Ms. I.aura Delgado, 2237 Kent, appeared in opposi6on to the Kent Street extension stating that this
es an unnecessary expense solely for the benefit of one more entrance into this subdivision.
Mr. Larry Westrich, 2136 Kent, also opposed this projecY. Raising the grade of I.exington increased
the cost of the project and decreased the safety factor for this intersection. The Planning and Zoning
Commission has formally opposed ttris project, and some city staff anembers have expressed concerns.
�I �°, L.ee Schneider, 2147 Belle�dge Pike, appeared in favor of extending ICent Street. The traffic on
i this street is very heavy and travels at a high rate of speed, When he purchased his home he was
Iassured Kent Street would be extended. If the Planrung and Zorung Commission has a problem vvith
� Kent Street, they should look at other entrances onto Lexington east of Belleridge Pike that are also
� dery dangerous.
Mr. David Westrich, 2142 Belleridge Pike, stated that future plans for the Woodland Hills area w►11
extend a subdivision to the north, causing increased traffic and the need for another access. The
residents on Belleridge Pike want Kent Street extended to reduce the traffic on their street.
Mr, Craig Billmeyer, 2150 Belleridge Pike, addressed the issue of emergency response to this
subdivision. �y not having Kent Street extended, approximately one-half mile is added to an
emergency response route to access the subdivision.
Mre George Eaker appeared regarding a special use permit request he submitted to the Planrung and
Zoning Commissio�and was denied. He wants to place a double-wide mobile home in the 500 block
of Vincent Park Driveo It will be put on a concrete foundation and bolted down. Fotlowing
,� discussion, NIr. i�Villiamson made a motion, seconded by Dr, Kasten, to set a public hearing on June
16, 1997, regarding the request of George and L,ora I.ee Eaker for a special use permit for a double
wide rnobile home in the 500 block of Vincent Park I�rive in an R-1, single family residential district.
The motaon was approved upon the follow►ng voteo Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Itickard, Spradling, Williamson. Nays, none.
Mr. Dave Remley appeared on behalf of Frank Bean ►n opposition to Bill No. 97-75 relating to a
special use permit for a mini-warehouse storage complex in the 100 block of North Silver Springs
Road. If the Council allows a C-3 function adjacent to a residential area, this will adversely affect
the character of the commuruty, which is in violation of city code. He presented photographs of the
area where the urvt will be constructed and questioned whether stormwater regulations were addressed
in the building plans subrrutted. In addition, he felt that with no electricity on site and no supervision,
people will be in and out of this area late at night using electrical generators to do their business.
Mayor Spradling responded that there are no building plans before the Council. City staff approves
the plans; the Council simply addresses the special use permit request, In addition, Mr. Steve
LeGrand stated at a previous meeting there will be an on-site manager.
�
233
Proceedings of the City Councii, City of Cape Girardeau, Mo.
Regu�ar Session M�Y 19 19 97
523787
Mr. Darren Ellis appeared in opposition to Bill I�1o, 97-75. He is a property manager in the area and I
felt additaonal concrete will cause increased drainage problems in the area.
Mr. George Bockhorst, owner of several storage facilities, stated when he built Armor Mini Storage
on Kingsway Drive, he was required to have a 50 foot buffer zone between the facility and the
residentaal property abutting it and had to provide on-site water retention. At this facility, there are (
approximately 80 cars in and out per day with approximately 40 percent after 9:00 p.m. He felt the ,
project on Silver Springs is too large for the proposed property.
Mr. Neumeyer quesrioned whether a 50 foot green zone was a requirement. City Planner Kent �
Bratton responded that he would have to review that particular file. City Attorney Eric Cunrungham
read Section 30-42(e) of the City Code relating to buffer zones.
Mr. Don Osborne, Chairman of Regency Y�fanagement, appeared in opposition to Bill No. 97-75. If
it is approved, he requested that no electricity be allowed in the units and that an on-site manager be �
required.
Mr. Steve LeGrand explained that all water from this property will drain to Whitener Street and the �
rear of the property. Regarding a green zone, this was reviewed with the Planrung and Zoning
Commission, and they stated a chain link fence was adeyuate. The corrected blue prints were �
presented to the Commission.
BILI, NO. 97-75 was given second and third readings as follows:
AN ORDINANCE GRANTING ,4 SPECIAL, iJSE PERMIT TO MIKE SMITH, CAPE WEST
DE�IELOPMENT CORPORA'TIOI�i ANI) L.eGRAND PROPERTIES, FOR PURPOSES OF
CONSTRUCTING, MAINTAININ(a AND OPERATING A MINI WAREHOUSE STORAGE
COMPLEX IN THE 100 BLOCK OF NORTH SILVER SPRINGS ROAD, IN THE CITY AND �
COUNTY OF CAPE GIRARDEAU, MISSOURI
The second and third readings of BIL.L NO. 97-75 was approved and the ordinance adopted upon Mr.
Williamson's motion, Dr. Kasten's second, and the following roll call vote: Eggimann, abstain;
Gateley, nay; Kasten, aye; Neumeyer, aye; Rickard, nay; Spradling, aye; Williamson, aye. BILL
NO. 97-75 is ORDINANCE NO. 2158.
Mr. Gateley made a motion, seconded by Mr. Williamson, that the City Council have an informal
meeting with representatives of Southeast IVlissouri State Uruversity and Dr. Dale Nitzschke to discuss
future plans for the university. 'I'he mot�on was approved upon the following vote: Ayes, Eggimann, '
Gateley, Kasten, IVeumeyer, Rickard, Spradling, iWVilliamson. Nays, none.
The following bills were given second and third readings as follows:
BILL NO. 97-73 AN ORDINANCE VACATING THE CITY'S INTEREST IN AN ACCESS
EASEMENT TO CASQUIN PARK OFF OF OLD SPRIGG STREET
ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
234
Proceedings of the City Council, Cmty of Ca�pe Girardeau, Mo.
Regular Session May 19 _ 19 97
523787
BILL NO. 97-74 AN ORDINANCE AMENDIN(e CHAPTER 30 OF THE CODE OF
ORDINANCFS OF T�IE CITY OF CAPE GIRARDEAU, MISSOURI, BY
CI�ANGING THE ZO�tING OF 621 SOUTI� KINGSHIGHWAY, CITY
AND COUN'TY OF CAPE GIR�►RDEAU, 1VIISSOURI FROIVI R-4 TO M-
i 1
�
i
BILL NO. 97-77 AN ORDINANCE(iRANTINCB A SPECIAL�JSE PERMIT TO BRIAN D.
'I'RACY AND DEBRA A. TRACY, FOR PURPOSES OF MAINTAINING
AND OPERATING COMMERCIAL STORAGE OF L,OGS AT 2525
STATE HIGHWAY 177, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOUItI
I
' BILi. NO. 97-79 AN ORDINANCE APPROViNG THE RECORD PLAT OF CLARKTON
PLACE SUBDIVISION, PHASE IV
BILL 1V0. 97-76 AN ORDINANCE ACCEPZ'IN(i A(iENERAI.V1/ARRANTY DEED AND
TEMPORARY ACCESS EASEIVIENT FROM WANDf1 MAXINE SHARP
AND A GENERAL WARRANT�' DEED FROM CL,AUDE M. FOESTE
AND DOROTHl' R, FOESTE FOR THE CAPE LA CROIX
CREEK/WALKER BRANCH FLOOD CONTROL PROJECT
� BILL NO, 97-83 AN ORDINANCE AMENDINCy SCHEDULE C OF SECTION 26-121 OF
� THE CITY CODE, BY PLACING A STOP SIGN ON MORGAN OAK
STREET AT SPANISI-I STREET, IN THE CITY O� CAPE
GIRARDEAU, MISSOURI
i
�ILL 1V0. 97-82 AN ORDINANCE �PEALIN(� SECTION 29-70 OF'�HE CITY CODE
RELATING TO WATER UTILITY DUTY
The second and third readings of BILL Nos. 97-73, 97-74, 97-77, 97-79, 97-76, 97-83, and 97-82
were approved and the ordinances adopted upon 1VIr. Gateley's motion, Mr. Eggimann's second, and
the following votee Ayes, Eggimann, Gateley, Kasten, 1Veumeyer, Rickard, Spradling, Williamson.
I Nays, none. BILI,NO. 97-73 is ORDINANCE NO. 2159; BILL NO. 97-74 is ORDINANCE NO.
2160; BILL NO. 97-77 is ORDINANCE NO. 2161; �ILL NO. 97-79 is ORDINANCE NO. 2162;
� BILL NO. 97-76 is ORDINANCE NO. 2163; BILL NO. 97-83 is ORDINANCE NO. 2164; BILL
NO. 97-82 ►s ORDINANCE NO. 2165.
BILL NO, 97-86 was given first reading as follows:
AN ORDINANCE ACCEPTING A QUIT CLAII�I DEED FROM PAUL HAUCK, DENISE
I-IAUCK, TERRY KELLER, NANCI KELLER AND OLIVE KELLER FOR A STRIP OF LAND
AT THE INTERSECTION OF KELL FARM DRIVE ANI3 BLOOMFIELD ROAD, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
I The first reading of BILL NO. 97-86 was approved upon Mr. Eggimann's motion, Mr. Ciateley's
second, and the following vote: Ayes, Eggimann, Gateley, ICasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
i
1
235
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SeSSion May 19 19 97
523787
BILL NO. 97-91 was given first reading as followso
AN ORDINANCE ACCEPTING A U'fILITY EASEMENT FROM KAREN S. LEWIS
The first reading of BILL NO. 97-91 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.
Dr. Kasten made a motion, seconded by iVlr, Neumeyer, to accept into the city's system the street
improvements as shown on the amended plans approved for Clarkton Place IV Subdivision, the storm
sewers located in the street right-of-way, stormwater improvements, and sanitary sewers and water
improvements; and to authorize the release of tlie escrow agreement covering the remainder of the
improvements for this subdivision. 'The motion was approved upon the following vote; Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 97-90 was given first reading as follows:
AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROIVI CLYDE L. TRICKEY i
AND NORMA B. TRICKEY FOR'fHE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD
CONTROL PROJECT �
The first reading of BILL NO. 97-90 was approved upon Mr. Gateley's motion, Mr. Neumeyer's I
second, and the following vote: Ayes, Eggimann, Cpateley, Kasten, Rickard, Spradling, Williamson.
Nays, Neumeyer.
BILL NO. 97-72 was given first, second and third readings as follows:
AN ORDINANCE APPROVING THE ISSUANCE OF $2,665,000 PRINCIPAL AMOUNT OF
CITY OF CAPE GIRARDEAU, MISSOURI, CERTIFICATES OF PARTICIPATION (CAPITAL
IMPROVEMENT PROJECTS) SERIES 1997A, FOR THE PURPOSE OF PROVIDING FUNDS
TO PAY THE COSTS OF A PROJECT FOR THE CITY, AND APPROVING THE ISSUANCE �
OF $765,000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION (AIRPORT
IMPROVEMENT PROJECT REFUNDING), SERIES 1997B, FOR THE PURPOSE OF
REFUNDING THE CAPE GIRARDEAU (MISSOURI) PUBLIC FACILITIES AUTHORITY,
BUILDING AND EQUIPMENT LEASEHOLD REVENUE BONDS (AIRPORT IMPROVEMENT
PROJECT) SERIES 1990B; AUTHORIZINC9 AND APPROVING CERTAIN DOCUMENTS IN i
CONNECTION WITH THE ISSUANCE OF THE CERTIFICATES; AND AUTHORIZING �
CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE
CERTIFICATES I
The first, second and third readings of BILL NO. 97-72 were approved and the ordinance adopted
upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. IVays, none. BILL NO. 97-72 is
ORDINANCE NO. 2166.
BILL NO. 97-92 was given first, second and third readings as follows:
AN ORDINANCE ACCEPTING GRANT FUNDING FROM THE MISSOURI DEPARTMENT
OF SOCIAL SERVICES FOR AN EMERGENCY SHELTER GRANT
236
Proceedings of the City Council, City �f Cape Girardeau, Mo.
Regular Session ___—_M�Y 19 1 g 97_
523787
The first, second and third readings of BILL NOe 97-92 were approved and the ordinance adopted
upon Dr. Kasten's motion, IVIr. Eggimann9s second, and the following votee Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-72 is
ORDINANCE NO. 2167.
BILL IVO. 97-93 was given first, second and third readings as follows:
� AN ORDINANCE APPROVING THE RECORD PLAT O�' BETHEL SUBDIVISION
� The first, second and third readings of BILL NO. 97-93 were approved and the ordinance adopted
upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, IVeumeyer, Rickard, Spradling, Williamson. Nays, nonee BILL NO. 97-93 is
ORDINANCE NO, 2168.
BILL NOa 97-85 vvas presented as follows:
i
� A RESOLU'I'ION OF THE CITl'OF CAPE GIRARDEAU, MISSOURI, S°TATING INTENT TO �
SEEK F'UNDII�IG THROUGH THE "COMIVIUNI'TY DEVELOPMENT BLOCK GRANT"
I PROGIZAM AND AUTHORIZING THE CITY MANAGER 'TO PURSUE ACTIVITIES IN AN
ATTEMP'T TO SECURE FUNDING FOIt A PROSPECTIVE INDUSTRIAL DEVELOPMENT
i PROJECT IVEAR THE BIOKYOWA PLAIVT IN THE GREATER CAPE GIRARDEAU
INDUSTRIAL PARK ON NASH ROAD
The reading of BILL NO, 97-85 was approved and the resolution adopted upon Dr. Kasten's motion,
Mr. VVilliamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Itickard, Williamson. Nays, none. Spradling abstained for financial reasons, BILL 1V0. 97-85 ►s
RESOLUTION NO, 1254,
�ILI. I�iOe 97-89 was presented as follows:
A RESOLUTION AUTHORIZING THE CITl' MANAGER TO EXECUTE ADDENDUM NO, 2
TO PROJECT AGREEMENT NO. 1 DATEI) DECEMBER 21, 1993, i�1�ITH CRAWFORD,
1VIURPHY&TILLY, INC. FOR AIRPORT DESIGN VVORK
j °The reading of BILL NO, 97-89 was approved and the reso➢ution adopted upon Mr. Williamson's
� anotion, Dr, Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Itickard, Spradling, Williamson. Nays, nonee BILL 1�10, 97-89 ►s RESOLLJTION NO. 1255.
i
BILL NO. 97-88 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH NIP KELLEY EQUIPMENT CO., INC. FOR A RECREATION TRAIL
The reading of BILL NO. 97-88 was approved and the resolution adopted upon Mr. Eggimann's
motion, Mr. Gateley's second, and the following vote: Ayes, Egglmann, Gateley, Kasten, IVeumeyer,
Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-88 is RESOLUTION NO. 1256.
BILL NOe 97-87 was presented as foilows:
237
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session May 19 19 97
S23787
A RESOLUTION AUTHORIZING TI�E CITX MANAGER TO EXECUTE AIV ELECTRONIC
DATA PROCESSING AGREEMENT WITH 'THE MUNICIPAL LIBRARY DISTRICT OF THE
CITY OF CAPE GIRARDEAU
The reading of BILL 1�IOa 97-87 was approved and the resolution adopted upon 1VIr, Neumeyer's
motion, Dre Kasten's second, and the following voteo Ayes, Eggimann, Gateley (abstain), ICasten,
Neumeyer, Rickard, Spradling, Williamsona Ivays, none. BILL NO. 97-87 is RESOLUTION NO,
1257.
BILL NO, 97-94 was presented as followse
�
A RESOLUTION AUTHORIZING TI-IE CITY 1VIANAGER TO EXECUTE AN AGREEMENT
WITH SOUTHEAST IVIISSOURI STATE LJNIVERSITY FOR UNDERGROUND UTILITY
TUNNELS ON CITY RIGHT-0E-WAY IN THE 900 BLOCK OF NORMAI,AVENUE BETWEEN
ACADEMIC HALL AND KENT LIBRARY
The reading of BILL NO. 97-94 was approved and the resolution adopted upon Mr. Eggimann's
motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, ICasten, �
Neumeyer, Rickard, Spradling, Williamsone Nays, none. BILL, NO. 97-94 is RESOLUTION NO.
1258 e `
Mr. Steve Golightly was appointed as an alternate to the Board of Adjustment for a term expiring
September 4, 2000, upon 1Vlayor Spradling's motion, Mr. Williamson's second, and the foilowing
vote; Ayes, Eggimann, Gateley, Kasten, Neumeyer, Itickard, Spradling, VVilliamson. Nays, none,
Mr. Eggimann made a motion, seconded by IVIr. Gateley, to waive tlie requirement for the Y.E.L.I,.
campaign to have a vendor's pernvt, and to allow the selling of newspapers in city streets on Tuesday,
September 9, 1997, from 6:00 to 10:00 a.m. The motion was approved upon the following vote:
Ayes, Eggimann, Gateley, Kasten, I�ieumeyer, Rickard, Spradling, Williamson. Nays, none.
i
The►mprovement plans for an offsite sewer extension to serve Forest Hills Estates was approved upon
Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote; Ayes, Egg►mann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, VVilliamson. 1Vays, none.
Following discussion regarding the Kent Street extension project, Mr. Neumeyer made a motion,
seconded by Dr. Kasten, directing city staff to prepare whatever is necessary to terrYunate the Kent
Street extens►on project. Mr. Gateley expressed his opposi6on to this motion, stating that the
realignment and costs figures have not been completed. Mayor Spradling stated that in 1990, the City
Council made a commitment to this project. Since that t�me there has been no significant change in
circumstances to warrant a change in the project. 1VIr. Williamson stated he could not support this
project. Following discussion, Mr. Eggimann made a motion, seconded by Dr. Kasten, to tab(e
approval of Mr. Neumeyer's motion unt�l traffic counts have been completed on Belleridge Pike and
Kent Street. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten,
Spradling, Williamson. Nays, Neumeyer, Rickard,
There being no further business, the Council adjourned upon Mr. Eggimann's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard,
Spradling, Williamson. Nays, none.
238
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session May 19 19 97
523787
r�
A. I. Spradling III, I�Iayor
_ ' �
��� /� /_, 'I
�
Gayle Conrad, Deputy City Clerk
I
I
�
�
�