HomeMy WebLinkAboutCouncil.Minutes.08-04-1997.Regular 289
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session August 4 19 97
523787
REGULAR SESSION- AUGUST 4, 1997
Council convened in regular session on Monday, August 4, 1997, at 7:30 p.m. with Mayor AI
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. Kim Ferguson, and the Pledge of Allegiance was recited. �
The Council convened in executive session prior to the regular session for the purpose of discussing
property acquisition and litigation upon Mr. Neumeyer's motion, Mr. Gateley's second, and the
following vote: Ayes, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The minutes of the July 21, 1997, regular and executive sessions were approved upon Dr. Kasten's I
motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, 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, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
This being the date set for a public hearing regarding a petition for voluntary annexation presented by
the Cape Girardeau County Commission and Bruce S. Watkins for a 39-acre tract adjoining the city
limits along Kingshighway, the hearing was opened. There being no appearances, the hearing was
closed.
This being the date set for a public hearing regarding the property tax rates proposed to be set by the �
City of Cape Girardeau for the fiscal year beginning July I, 1997; and the real property tax rate ;
proposed to be set for Special Business District No. 2 for the fiscal year beginning July 1, 1997, the
hearing was opened. There being no appearances, the hearing was closed.
This being date set for a public hearing regarding the request of the City of Cape Girardeau and i
Southeast Missouri District Fair Board for a special use permit for a sign at the southwest corner of
the Kingshighway entrance to Arena Park in an R-I, single-family residential district, the hearing was
opened. Mr. Steve Wiedeman appeared in support of the request and to answer any questions. He
requested BILL IVO. 97-167 be given emergency readings to allow the Fair Board to erect the sign.
There being no fiirther appearances, the hearing was closed. �
BILL NO. 97-167 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE CITY OF CAPE
GIRARDEAU, MISSOURI AND THE SOUTHEAST M[SSOURI DISTR[CT FAIR BOARD, FOR
PURPOSES OF CONSTRUCT[NG, MAINTAINING AND OPERATING A LIGHTED SIGN AT
THE SOUTHWEST CORNER OF THE KINGSHIGHWAY ENTRANCE TO ARENA PARK, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
Dr. Kasten made a motion, seconded by Mr. Williamson, to approve the first reading of BILL NO.
97-167. Mr. Gateley made an amending motion, seconded by Dr. Kasten, that BILL NO. 97-167 be I
declared an emergency measure and be given second and third readings. The amending motion was i
approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none. Following second and third readings, the original motion was approved as �
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amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none. BILL NO. 97-167 is ORD[NANCE NO. 2210.
This being the date set for a public hearing regarding the declaration of necessity to make certain
sewer improvements in Twin Lakes Subdivision, the hearing was opened. Mr. Larry Haertling
! appeared and questioned what happens if the bids are over the engineer's estimate and when the
project would be bid. Mayor Spradling responded that the assessment will remain at I 1.84C per
square foot. City Engineer Mark Lester stated that the city is presently following the special
assessment procedures under Missouri state law, and the project will be bid in the fall or the spring.
The city will work with the property owners on a time schedule. Mr. Gateley requested a written
schedule for this project. There being no further appearances, the hearing was closed.
This being the date set for a public hearing regarding the declaration of necessity to improve the
following: Vincent Avenue from Coimtry Club Drive to Timon Way for a distance of I,005 feet; Flint
Hill Road from Big Bend Road to a dead end for a distance of I,036 feet; Country Club Drive from
i the club gate southward to a dead end for a distance of 700 feet; Redwood Drive from Vista Lane to �
� L.ear Drive for a distance of 324 feet; Bevin Drive from West Rodney to a dead end for a distance of
�� 410 feet; Cedar Lane from Charles Street north to a dead end for a distance of 297 feet; Rand Street
� from Water Street to Roberts Street for a distance of 1,335 feet; the hearing was opened. There being
I no appearances, the hearing was closed.
Mr. Don Howard appeared in support of BILL NO. 97-186.
BILL NO. 97-186 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND
INDEMNITY AGREEMENT WITH DONALD H. AND MARGARET S. HOWARD, JR. FOR A
�I FENCE ON CITY RIGHT-OF-WAY AT I 100 RANNEY STREET
The reading of BILL NO. 97-186 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. 97-186 is RESOLUTION NO. 1297.
Mr. Don Howard appeared regarding a petition he previously presented to the Council about children
trespassing, loud music and parties in the I 100 blocks of S. Ranney and S. Sprigg. No one has
responded to these complaints, and the actions are continuing. He thank the Council and staff for
responding to the petition regarding junk lots.
IThe following bills were given second and third readings:
B[LL NO. 97-153 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FROM
UNION ELECTRIC COMPANY FOR SEWER MAINTENANCE AT
THE LA CROIX SUBSTATION SITE
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BILL NO. 97-I55 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL
SEWER DISTRICT NO. S-M, A SUBDIVISION OF MAJOR DISTRICT
NO. 8, APPROV[NG THE PLANS AND AUTHORIZING THE
CONSTRUCTION OF A SYSTEM OF SANITARY LATERAL SEWERS
IN LATERAL SEWER DISTR[CT NO. 8-M, UNDER A PRIVATE
CONTRACT SUBJECT TO CERTAW PROVISIONS, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
BILL NO. 97-156 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY
FOR THE MT. AUBIJRN ROAD EXTENSION PROJECT
BILL NO. 97-157 AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE
IMPROVEMENT OF DIXIE BOULEVARD, JASMINE LANE,
MAGNOLIA AVENUE AND DELWIN STREET, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE
ISSUANCE OF SPECIAL TAX BILLS THEREFOR
BILL NO. 97-159 AN ORDINANCE ACCEPTING QUIT CLAIM DEEDS AND STORM
DRAINAGE EASEMENTS FROM CHARLES F. BLATTNER TRUSTEE,
JOYCE E. BLATTNER, TRUSTEE, JERRY E. ERLBACHER AND ��
MARTHA B. ERLBACHER TRUSTEES, AND CHARLES F.
BLATTNER, III AND TRACY D. BLATTNER; AND ACCEPTWG A
STORM DRAINAGE EASEMENT FROM RIVER EAGLE
DISTR[BUTING, INC., IN B & E SUBDIVISION
BILL NO. 97-158 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
SPECIAL WARRANTY DEED TRANSFERRING PROPERTY ALONG
NORTH SPRIGG STREET TO HOLIGAN FAMILY INVESTMENTS,
INC.
The second and third readings of BILL NOs. 97-153, 97-I55, 97-156, 97-157, 97-159, and 97-158
were approved and the ordinances adopted 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. 97-153 is ORDINANCE NO. 2204; BILL NO. 97-I55 is ORDINANCE NO.
2205; BILL NO. 97-156 is ORDINANCE NO. 2206; B[LL NO. 97-157 is ORDINANCE NO. 2207;
BILL NO. 97-159 is ORDINANCE NO. 2208; BILL NO. 97-I58 is ORDINANCE NO. 2209.
BILL NO. 97-166 was given first reading as follows:
AN ORD[NANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX;
LIBRARY FUND TAX; PUBLIC HEALTH TAX; DEBT SERVICE FUND TAX; SPECIAL
BUSINESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF
JUNE, 1998
The first reading of BILL NO. 97-166 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. 97-172 was given first reading as follows:
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Regular SeSSiOn ___ August 4 _ 1 g 97
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AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY
PLAC(NG STOP SIGNS ON LAMBERT DRNE AND LOWES DRIVE, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The first reading of B[LL NO. 97-172 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. 97-154 was given first reading as follows:
AN ORDINANCE ESTABL[SHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO.
14-I-D-S, A SUBDIVISION OF TRUNK SEWER D[STRICT NO. 14-I-D, APPROVING THE
PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SANITARY
LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14-I-D-S, UNDER A PRIVATE I
i CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL NO. 97-154 was approved upon Dr. Kasten's motion, Mr. Williamson's
I,i second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
� Williamson. Nays, none.
The improvement plans for street and storm sewer construction in Wyandotte Acres were approved
upon Mr. Gateley's moUon, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 97-170 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 7 AND CHAPTER 13 OF THE CITY CODE
RELATING TO TAX BILLS FOR NUISANCE ABATEMENT
� The first reading of B[LL NO. 97-170 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. 97-174 was given first, second and third readings as follows:
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AN ORDINANCE ACCEPTING GRANT FUNDING FROM THE MISSOURI DEPARTMENT
OF ECONOMIC DEVELOPMENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECT FOR RESTORATION OF THE JEFFERSON-SHAWNEE PARKWAY
I NEIGHBORHOOD
The first, second and third readings of BILL NO. 97-174 were approved and the ordinance adopted
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. 97-174 is
ORDINANCE NO. 221 l.
� BILL NO. 97-17.5 was given first, second and third readings as follows:
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,; AN ORDINANCE APPROVWG THE RECORD PLAT OF SIX S[STERS SECOND
�� SUBDIV[SION
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The first, second and third readings of BILL NO. 97-175 were approved and the ordinance adopted
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. 97-175 is
ORDINANCE NO. 2212. I
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BILL NO. 97-176 was given first, second and third readings as follows: j
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AN ORDINANCE APPROVING THE RECORD PLAT OF RANDOL FARMS ESTATES 2ND
ADDITION AMENDED SUBDIVtSION
The first, second and third readings of BILL NO. 97-176 were approved and the ordinance adopted I
upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-176 is I
ORDINANCE NO. 2213. I
BILL NO. 97-177 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF BEAVERCREEK ESTATES
SUBDIVISION I
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The first reading of BILL NO. 97-177 was approved 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. 97-178 was presented as follows:
A RESOLUT[ON AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW
AGREEMENT AND IRREVOCABLE LETTER OF CREDIT WITH G. KEITH DEIMUND
TRUST AND UNION PLANTERS BANK OF SOUTHEAST MISSOURI, FOR BEAVER CREEK
ESTATES �
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The reading of BILL NO. 97-178 was approved and the resolution adopted 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. 97-178 is RESOLUTION NO.
1290.
B[LL NO. 97-179 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE RELATING TO SPECIAL
ASSESMENTS AND SPECIAL TAX B[LLS
The first reading of B[LL NO. 97-179 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. i
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BILL NO. 97-18 I was given first reading as follows: I
AN ORDINANCE AMENDING SECTION 13-35 OF THE CITY CODE RELATING TO WEED �
ABATEMENT
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_ __Regular Session August 4 19 97 _
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The first reading of B[LL NO. 97-181 was approved, following discussion, upon Mr. Neumeyer's
motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
The sanitary sewer improvements and water main improvements for Lynwood Hills Estates
Subdivision were accepted into the city's system upon Mr. Williamson's motion, Mr. Gateley's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 97-184 was given first reading as follows:
' AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO.
14-1-F-7, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-I-F
The first reading of BILL NO. 97-184 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.
� BILL NO. 97-I80 was given first reading as follows:
� AN ORDINANCE ACCEPTING A WATER LINE EASEMENT FROM P. DAVID GERLACH
AND JERRIE L. REID GERLACH
The first reading of BILL NO. 97-180 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.
B[LL NO. 97-185 was given first reading as follows:
AN ORDINANCE AUTHOR[ZING THE ISSUANCE OF SPECIAL TAX BILLS FOR THE
DEMOLITION OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7 OF
THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU
The first reading of BILL NO. 97-18.5 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.
B[LL NO. 97-168 was presented as follows:
I A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION
CONTRACT WITH N[P KELLEY EQUIPMENT COMPANY, INC.
The reading of BILL NO. 97-168 was approved and the resolution adopted 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. 97-168 is RESOLUTION NO. 1291.
BILL NO. 97-169 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION
CONTRACT WITH J. W. STRACK
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The reading of BILL NO. 97-169 was approved and the resoluUon adopted upon Dr. Kasten's motion,
Mr. Net►meyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-169 is RESOLUTION NO. 1292.
BILL NO. 97-171 was presented as follows:
A RESOLUTION AUTHORIZINC THE CITY MANAGER TO ENTER [NTO A CONTRACT i
WITH APEX PAVING COMPANY FOR THE STREET OVERLAY PROGRAM/KINGSWAY
DRIVE AND NEW MADRID STREET
The reading of BILL NO. 97-171 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. 97-171 is RESOLUTION NO. 1293.
B[LL NO. 97-173 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
NIP KELLEY EQUIPMENT COMPANY, INC. FOR DEMOLITION SERVICES FOR PHASE II
OF THE 1995 FLOOD BUYOUT PROGRAM
Following discussion the reading of B[LL NO. 97-173 was approved and the resolution adopted upon
Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. B[LL NO. 97-173 is
RESOLUTION NO. 1294.
B(LL NO. 97-182 was presented as follows:
A RESOLUTION ACKNOWLEDGING RECEIPT OF ANNEXATION PETITIONS AND
SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATIONS
The reading of BILL NO. 97-182 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. 97-182 is RESOLUTION NO. 1295.
BILL NO. 97-183 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
BROADCAST/CABLECAST AGREEMENT WITH THE MISSOURI DEPARTMENT OF
CONSERVATION �
The reading of BILL NO. 97-183 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. 97-183 is RESOLUT[ON NO. 1296.
Mr. Jim Schott was appointed to the Cable Television Advisory Committee for a term expiring
February 20, 1998, upon Mayor Spradling's motion, Mr. Williamson's second, and the following
vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
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Mayor Spradling stated that one person on the Ethics Commission apparently is not qualified because
he has worked as a Paddlewheeler for the Convention and Visitors Bureau. Therefore, a new member
must be appointed in his place. Mr. Eggimann suggested the Council consider amending the
ordinance to allow a person to serve on the Commission if he has earned less than $500 as an
employee of the city. Following discussion, the City Clerk was directed to review the previous
election ballot, if available, to see who the next elected person would be. If the ballot is not available,
this should be placed on the next City Council agenda for consideration.
Regarding the I-66 project, Mr. Eggimann made a motion, seconded by Mr. Williamson, to
recommend the City donate $10,000 to the 1-66 project, contingent on Cape Girardeau County
donating$10,000, the City of Jackson donating $5,000, and private contributions reaching $25,000.
The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
The street and sanitary sewer improvements as shown on the plans approved for the Lowes Home
Center site and the storm sewers in the street right-of-way were accepted into the city's system upon
Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley,
� Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
i The improvements to the Shawnee Park Sports Complex and the Osage Park Community Centre were
accepted and final payment to Penzel Construction Company and Sebek, Alberson & Associates was
authorized upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The improvement plans for the extension of sanitary sewers to serve the proposed Commerce Bank
facility at the intersection of Lexington Avenue and Route W were approved upon Mr. Gateley's
motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
' There being no fiirther business, the Council adjourned upon Mr. Gateley's motion, Mr. Neumeyer's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
A. M. Spradling III, Mayor
_�('. ", 1 '' 2S�` -
Gayle . onrad, Deputy City Clerk
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