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Home My WebLink AboutCouncil.Minutes.08-18-1997.Regular 299 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 18 19 97 523787 REGULAR SESSION - AUGUST 18, 1997 Council convened in regular session on Monday, August 18, 1997, at 7:30 p.m. with Mayor Pro Tempore Melvin Gateley presiding and Council Members Richard Eggimann, Melvin Kasten, Tom i I Neumeyer, Jack Rickard, and J.J. Williamson present. Mayor Albert M. Spradling fII was absent. � The invocation was presented by Rev. Mark Anderson, Lynwood Baptist Church, 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 upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. The minutes of the August 4, 1997, 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, Williamson. Nays, none. The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. This being the date set for a public hearing to consider vacating the city's interest in Walker Street and Audrey Drive as platted in unrecorded Meyer Subdivision, 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 Larry W. McCulley and Betty L. McCulley to rezone Victorian Estates Subdivision from R-1, single family residential district, to R-2, single family residential district, the hearing was opened. Mayor Pro Tem Gateley stated there is a letter on file from Larry W. McCulley requesting that the application fo rthe rezoning be withdrawn. Mr. Eggimann made a motion, seconded by Mr. Williamson, to close the public hearing and remove B[LL NO. 97-191 from the agenda. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. This being date set for a public hearing regarding petitions for annexation presented by David Gerlach ( and Summit Estates(Keith Deimund) for two tracts totaling 12.4 acres adjoining the city limits along Route W, the hearing was opened. There being no appearances, the hearing was closed. Mr. Vance Combs, 1815 Lawanda, appeared in opposition to the preliminary plat for Victorian Estates Subdivision. He stated this is a way for Mr. McCulley to change the format of the neighborhood without asking for a rezoning. Mr. Eggimann stated that most of the lots surrounding Victorian Estates are less than 10,000 square feet. Ms. Linda Warren, 1716 Stoddard, expressed concerns that this subdivision should stay equal to the i homes surrounding the area. City Manager Michael Miller explained that the Victorian Estates preliminary plat is for R-I zoning. However, the developer has requested a variance for lot sizes from 7,000 to 12,000 square feet. 300 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ Session August 18 19 97 523787 Mr. Chris Kcehler, the surveyor and engineer for Victorian Estates, stated he originally designed the plat for R-2 zoning. Due to opposition, he redesigned the plat for R-1 zoning with lots less than 10,000 square feet. He stated this would blend with the neighborhood. The developer intends to submit an erosion control plan along with the improvement plans to the city. Mr. Neumeyer expressed concerns with erosion control problems in Red Oak Estates, which was also developed by Mr. McCulley. Mr. Koehler responded that he did not engineer that development and cannot address those concerns. I Responding to a question from Mayor Pro Tem Gateley, City Planner Kent Bratton explained that if the preliminary plat is approved, the developer has two options. He can submit improvement plans to be approved by the Council, build the streets and sewers, submit the improvements and record plat to Council for approval and then sell lots in the subdivision. In the alternative, he can submit improvement plans, the record plat and escrow to cover the improvements. (f the Council approves, the developer can proceed with construction and sell lots. Ms. Becky Essner, 1846 Stoddard, stated that the lots west of the dead end of Stodcfard are still fairly small and will make the subdivision feel fairly tight. ' Ms. Tina Howard, 1846 Ricardo, expressed concerns with the development of Red Oak Subdivision. The developer clear cut this area, there are now drainage and erosion problems, and the lots don't appear to be selling. In addition, the development of Victorian Estates will create additional traffic on Ricardo Street. This street already has erosion problems and the increased traffic will make the problem worse. Mr. Eggimann made a motion, seconded by Mr. Williamson, to approve the preliminary plat of Victorian Estates. Following discussion, Mr. Eggimann made an amending motion, seconded by Dr. Kasten, requiring all lots in this subdivision to be 8,500 square feet or larger. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, ! Williamson. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. Mr. Eggimann made a motion, seconded by Dr. Kasten, to approve a variance for lot sizes in Victorian Fstates, with no lots being less than 8,500 square feet. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. Mr. Eggimann stated that the city has saved over $200,000 in solid waste disposal costs due to the recycling program in the city. He commended the citizens for their participation in recycling. The following bills were given second and third readings: BILL NO. 97-166 AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; L[BRARY FUND TAX; PUBLIC HEALTH i TAX; DEBT SERVICE FUND TAX; SPECIAL BUSWESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, 1998 301 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 18 19 97 S23787 BILL NO. 97-172 AN ORD[NANCE AMENDING SCHEDULE C OF SECTION 26-121 OF � THE CITY CODE, BY PLACWG STOP SICNS ON LAMBERT DRIVE � AND LOWES DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 97-154 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-I-D-S, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1-D, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SANITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14-1-D-5, UNDER A PRIVATE CONTRACT SUBJECT TO CERTA[N PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 97-170 AN ORDINANCE AMENDING CHAPTER 7 AND CHAPTER 13 OF THE CITY CODE RELATING TO TAX B[LLS FOR NUISANCE ABATEMENT BILL NO. 97-177 AN ORDINANCE APPROVING THE RECORD PLAT OF BEAVERCREEK ESTATES SUBDNISION BILL NO. 97-179 AN ORDINANCE AMENDWG CHAPTER 21 OF THE CITY CODE RELATING TO SPECIAL ASSESSMENTS AND SPECIAL TAX BILLS BILL NO. 97-181 AN ORDINANCE AMENDING SECTION 13-35 OF THE CITY CODE RELATiNG TO WEED ABATEMENT BILL NO. 97-184 AN ORDINANCE ESTABL[SHING THE BOUNDARIES OF LATERAL SEWER DISTR[CT NO. 14-1-F-7, A SUBD[V[SION OF TRUNK SEWER D(STRICT NO. 14-I-F BILL NO. 97-180 AN ORDINANCE ACCEPTING A WATER L[NE EASEMENT FROM P. DAVID GERLACH AND JERRIE L. REID GERLACH BILL NO. 97-185 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS FOR THE DEMOL[TION OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU The second and third readings of BILL NOs. 97-166, 97-172, 97-154, 97-170, 97-177, 97-179, 97- 18 I, 97-184, 97-180 and 97-185 were approved and the ordinances adopted upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. BILL NO. 97-166 is ORDINANCE NO. 2214; BILL NO. 97-172 is ORDINANCE NO. 2215; BILL NO. 97-154 is ORDINANCE NO. 2216; B[LL NO. 97-170 is ORDINANCE NO. 2217; BILL NO. 97-177 is ORDINANCE NO. 2218; B[LL NO. 97- 179 is ORDINANCE NO. 2219; BILL NO. 97-I81 is ORDINANCE NO. 2220; BILL NO. 97-184 is ORDINANCE NO. 2221; BILL NO. 97-180 is ORD[NANCE NO. 2222; BILL NO. 97-185 is ORDINANCE NO. 2223, B[LL NO. 97-187 was given first reading as follows: � 302 Proceedings of the City Council, City of Cape Girardeau, Mo. _ Regular Session August 18 19 97 523787 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FROM CLAUDE M. FOESTE AND DOROTHY R. FOESTE FOR SANITARY SEWER LINE IN THE RIGHT-OF-WAY OF VACATED WALKER STREET The first reading of BILL NO. 97-187 was approved upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. I BILL NO. 97-188 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN WALKER STREET AND AUDREY DRIVE AS PLATTED IN UNRECORDED MEYER SUBDIVISION IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-188 was approved upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. � Nays, None. i! , �� B[LL NO. 97-192 was given first reading as follows: AN ORD[NANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE NEW HOOPPER ROAD ALIGNMENT BETWEEN MT. AUBURN ROAD TO KAGE ROAD PROJECT The first reading of BILL NO. 97-192 was approved upon Mr. Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. BILL NO. 97-l89 was given first reading as follows: � lAN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT I NECESSARY TO IMPROVE, PROVIDING FOR THE [MPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER [NTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR � THE MANNER OF PAYMENT OF THE WORK, OF VINCENT AVENUE FROM COUNTRY I CLUB DR(VE TO TIMON WAY; FL[NT HILL ROAD FROM BIG BEND ROAD NORTHWESTERLY TO A DEAD END; COUNTRY CLUB DRIVE FROM THE CLUB GATE SOUTHWARD TO A DEAD END; REDWOOD DRIVE FROM VISTA LANE TO LEAR DRIVE; BEV[N DRNE FROM WEST RODNEY WESTWARD TO A DEAD END; CEDAR LANE FROM CHARLES STREET NORTHWARD TO A DEAD END; AND RAND STREET FROM WATER I I STREET TO ROBERTS STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI I � The first reading of BILL NO. 97-189 was approved upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. 1 Nays, none. BILL NO. 97-193 was given first reading as follows; AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. !, 16-C, A SUBDNISION OF TRUNK SEWER DISTRICT NO. 16, IN THE CITY OF CAPE iI GIRARDEAU, M[SSOURI � � i� i 303 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 18 19 97 $23787 The first reading of BILL NO. 97-193 was approved upon Mr. Eggimann's motion, Mr. Williamson's � second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. BILL NO. 97-195 was given first reading as follows: AN ORD[NANCE REAFFIRMING THE ACTION OF THE C[TY COUNC[L DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, D[RECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROV[DING FOR THE MANNER OF PAYMENT OF THE WORK, OF MAK[NG CERTA[N SEWER IMPROVEMENTS IN TW[N LAKES SUBDIVISION, LATERAL SEWER DISTRICT NO. 16-C, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-195 was approved upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. BILL NO. 97-196 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO SEAT I BELTS IN PASSENGER CARS AND M[NORS R[DING IN THE OPEN BED OF PICKUP TRUCKS The first reading of BILL NO. 97-196 was approved upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. BILL NO. 97-197 was given first reading as follows: i AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO HALFWAY � HOUSES The first reading of BILL NO. 97-197 was approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. BILL NO. 97-198 was given first reading as follows: AN ORDWANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU PUBLIC SCHOOL DISTRICT#63, FOR PURPOSES OF MAINTAINING AND OPERATING A MOBILE CLASSROOM AT CLIPPARD ELEMENTARY SCHOOL, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI � The first reading of BILL NO. 97-198 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. BILL NO. 97-199 was given first reading as follows: I � 304 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 18 19 97 523787 AN ORD[NANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU PUBLIC SCHOOL DISTRICT f�63, FOR PURPOSES OF MAINTAWING AND OPERATING A MOBILE CLASSROOM AT JEFFERSON ELEMENTARY SCHOOL, lN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-199 was approved upon Dr. Kasten's motion, Mr. Williamson's � second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. BILL NO. 97-200 was given first reading as follows: AN ORDINANCE GRANT[NG A SPECIAL USE PERMIT TO CAPE GIRARDEAU PUBLIC SCHOOL DISTRICT#63, FOR PURPOSES OF MAINTAININC AND OPERAT[NG A MOBILE CLASSROOM AT WASHINGTON ELEMENTARY SCHOOL, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-200 was approved upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. BILL NO. 97-190 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. 97-190 was approved and the resolution adopted upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. BILL NO. 97-190 is RESOLUTION NO. 1298 � BILL NO. 97-194 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBORDINATION AGREEMENT WITH SOUTHERN PACIFIC FUND[NG CORPORATION FOR A SECOND DEED OF TRUST FOR PROPERTY OWNED BY WANDA L. ELFRIIVK The reading of BILL NO. 97-194 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, Williamson. Nays, none. BILL NO. 97-194 is RESOLUTION NO. 1299. I BILL NO. 97-201 was presented as follows: � A RESOLUTION OF THE CITY OF CAPE G[RARDEAU, AUTHORIZING AN APPLICATION I FOR GRANT FUNDING UNDER THE HISTORIC PRESERVATION PROGRAM OF THE MISSOURI DEPARTMENT OF NATURAL RESOURCES The reading of BILL NO. 97-201 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, �) Neumeyer, Rickard, Williamson. Nays, none. BILL NO. 97-201 is RESOLUTION NO. 1300. I , I 305 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 18 19 97 S23787 Ms. Nancy Jernigan and Ms. Elena Martinez were appointed to the Vision 2000 Community Relations Council for terms expiring December 31, 1998, and Ms. Julia Jorgensen and Mr. Chris Soppe were appointed for terms expiring December 31, 1997, upon Mayor Pro Tem Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. Mr. Bruce Hacker was appointed to the Board of Appeals for a term expiring June 4, 2002, upon Mayor Pro Tem Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Cateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. Mr. Kenneth W. Green, Jr., was appointed to the Ethics Commission for a term expiring June 16, ; 2000, upon Mayor Pro Tem Gateley's motion, Mr. Williamson's second, and the following vote: � Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. � Mayor Pro Tem Gateley expressed appreciation to the citizens of the city for their interest in serving on the various advisory boards. Dr. Kasten made a motion, seconded by Mr. Eggimann, to approve a temporary 5% beer by the drink license for Fred Higdon, d/b/a SEMO District Fair Association, for an event to be held at Arena Park from September 7 to September 13, 1997, with locations as follows: southwest corner, northwest corner, south and north of the Arena Building. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. A retail liquor by the drink and Sunday sales license was conditionally approved for Patricia A. Allen, d/b/a Celebrations, 615 Bellevue, Patricia A. Allen, Managing Officer, upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. Upon request of Mayor Pro Tem Gateley, City Attorney Eric Cunningham explained that the Council had previously expressed concern about an individual who was employed by the city during the preceding year, and was therefore ineligible to serve on the Ethics Commission, even though he was paid very little. The Council had suggested that the ordinance be amended to allow an individual to earn up to $500 in one year as an employee of the city and still be eligible to serve on the Commission. Mr. Cunningham explained that the City Charter prohibits city employees from membership on the Commission. He further explained that the city's ordinance was patterned after the Missouri Ethics Commission, and there is no stipulation in their regulations for this type of employment. Therefore, he did not recommend the city adopt such an ordinance. The improvements of Access Road to the Wastewater Treatment Plant, a/k/a LaCruz Elevation, EDA � Grant Project Number OS-19-61204, were approved, and final payment to Tom Beussink Excavating, Inc. was authorized upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. The sanitary sewer improvements for a portion of Sewer District 14-A were accepted upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, I Kasten, Neumeyer, Rickard, Williamson. Nays, none. There being no ftirther business, the Council adjourned upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. 306 Proceedings of the City Council, City of Cape Girardeau, Mo. ___ Regular SeSSion August 18 19 97 523787 A. M. Spradling IIt, Mayor !F A �T: I I Gayle L:.Conrad, Deputy City Clerk � '� � I� �