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HomeMy WebLinkAboutCouncil.Minutes.12-01-1997.Regular 367 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 1 1 g 97 REGULAR SESSION- DECEMBER 1, 1997 Council convened in regular session on Monday, December 1, 1997, at 7:30 p.m. with Mayor Albert M. Spradling, III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin i Kasten, Tom Neumeyer, and J.J. Williamson present. The invocation was presented by Melvin Gateley, and Boy Scout Troop 2 of Grace United Methodist Church led the Pledge of Allegiance. The minutes of the November 17, 1997, regular session were approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, IVeumeyer, 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, Spradling, Williamson. Nays, none. Police Chief Richard Hetzel recognized the graduates of the first Citizens Police Academy, and Mayor Spradling presented each with a certificate. � This being the date set for a public hearing regarding the request of G. Keith Deimund to rezone Lots � 5 and 6, Lynwood Hills Estates Subdivision from R-1, single family residential district, to R-4, multiple family residential district, and Lots 7, 8, and 9, Lynwood Hills Estates Subdivision and two ! tracts fronting Cape La Croix Road (Route W), from R-1 single family residential district, to C-1, local commercial district, the hearing was opened. Mr. Keith Deimund appeared ►n support of the request and to answer any questions. There being no further appearances, the hearing was closed. BILL 1V0. 97-290 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 PARTS OF LYNWOOD HILLS ESTATES SECOND AMENDED SUBDIVISION, FROM R-1 TO R-4 AND C-I, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI . The first reading of BILL NO. 97-290 was approved upon Mr. Eggimann's motiorr; Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mayor Spradling requested that anyone wishing to speak before the City Council please limit their comments to five minutes or less. This being the date set for a public he�ring regarding the request of Cape Girardeau School District _ No. 63 for a special use permit for construction of a new vocational school on an 80-acre tract along South Silver Springs Road in an R-1, single family residential district, the hearing was opened. Dan Tallent, Superintendent of Schools, appeared and requested the Council consider approving the special use permit without the requirement for the green space on the east side of the property. Upon questioning by Mayor Spradling, City Attorney Eric Cunningham explained that a green space can only be enforced in an M or C zone as outlined in City Code. There being no further appearances, the hearing was closed. BILL NO. 97-291 was given first reading as follows: 368 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 1 _ ___ 1 g _97 AN ORDWANCE GRANTWG A SPECIAL IJSE PERMIT TO CAPE GIRARDEAU SCHOOL DISTWCT NO. 63, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A NEW VOCATIONAL SCHOOL ON AN 80-ACRE TRACT ALONG SILVER SPRINGS ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURf � t Mr. Gateley made a motion, seconded by Mr. Neumeyer, to approve the first reading of BILL NO. 97-291. Mr. Gateley made a motion, seconded by Mr. Eggimann, to amend the special use permit by eliminating the requirement for a green space. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. This being the date set for a public hearing regarding the request of Cape Girardeau School District No. 63 for a special use permit for construction of a new elementary school at 1829 North Sprigg Street in an R-1, s►ngle family residential district, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 97-292 was given first reading as follows: � AN ORDWANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU SCHOOL DISTRICT NO. 63, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING � A NEW ELEMENTARY SCHOOL AT 1829 NORTH SPRIGG STREET, IN THE CITY AND � COUNTY OF CAPE GIRARDEAU, MISSOURI J The first reading of BILL NO. 97-292 was approved upon Mr. Williamson's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. 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 o�ces for Lutheran Home Health at 2855 Bloomfield Road in an R-I, � single family residential district, the hearing was opened. Ms. Janice Unger appeared on behalf of the Lutheran Home in support of the request. She stated she contacted all the neighbors and did not receive any opposition. There being no further appearances, the hearing was closed. BILL NO. 97-293 was given first, second and third readings as follows: AN ORDWANCE GRANTING A SPECIAL USE PERMIT TO THE LUTHERAN HOME FOR THE AGED, FOR PURPOSES OF MAINTAINING AND OPERATING AN OFFICE FOR � : LUTHERAN HOME HEALTH AT 2855 BLOOMFIELD ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI , The first, second and third readings of BILL NO. 97-293 were approved and the ordinance adopted upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. B[LL NO. 97-293 is ORDINANCE NO. 2285. This being the date set for a public hearing regarding the request of the City of Cape Girardeau for � a special use permit for an indoor and outdoor firearms range for the Cape Girardeau Police I Departrnent at 2000 Third Street in an M-2 heavy industrial district, the hearing was opened. Officers �! David Sanders and Bob McCoy appeared in support of the request. Upon questioning by Mr. Gateley, � i 369 Proceedings of the City Council, City of Cape Girardeau, Mo. _ Regular Session December 1_ 1 g 97 Officer Sanders explained that the facility will be used to qualify officers for shooting. He reviewed the location of the proposed ranges and the types of handguns to be used. Mr. Dennis Dobson appeared regarding the safety of the employees at Lone Star Industries. He i reviewed the plans and expressed concerns with the possibility that bullets could stray onto Lone Star property. Mr. Bill Hinkley, Plant Manager at Biokyowa, requested that a decision on this special use permit be � delayed until a study is completed on the projectories and bullet range beyond the shooting range area. Officers McCoy and Sanders answered questions from the Council regarding projectory, velocity, elevation, size of the berm, and types of weapons to be used. Officer Sanders explained that there will be a range officer in charge who will control the shooting. Most shooting will take place at seven yards with a maximum of 15 yards. There being no further appearances, the hearing was closed. BILL NO. 97-294 was iven first readin as follow • ( g g s. AN ORD[NANCE GRANTING A SPECIAL USE PERMIT TO CITY OF CAPE GIRARDEAU, MISSOURI, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN � INDOOR AND OUTDOOR FIREARMS RANGE AT 2000 THIRD STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Eggimann made a motion, seconded by Mr. Williamson, to approve the first reading of BILL � NO. 97-294. Mr. Gateley made an amending motion, seconded by Mr. Neumeyer, to table approval of BILL NO. 97-294 to allow the staff to meet with the concerned parties. The amending motion failed upon the following vote: Ayes, Gateley, Neumeyer. Nays, Eggimann, Kasten, Spradling, Williamson. The original motion was approved upon the following vote: Ayes, Eggimann, Cateley, � Kasten, Neumeyer, Spradling, Williamson. Nays, none. This being the date set for a public hearing regarding the reyuest of Cape Girardeau School District No. 63 for a special use permit for construction of an addition to Jefferson Elementary School at 520 South Minnesota Avenue in an R-2, single family residential district, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 97-295 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU SCHOOL DISTRICT NO. 63, FOR PURPOSES OF CONSTRUCTING, MAINTAWING AND OPERAT[NG AN ADDITION TO JEFFERSON ELEMENTARY SCHOOL AT 520 SOUTH MINNESOTA, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-295 was approved upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mayor Spradling called for a public hearing regarding the request of Gibson Recovery Center, Inc. ` to rezone 1112 Linden Street from R-4, multiple family residential district, to C-I, local commercial district, and for a special use permit for a 16 to 20 bed correctional residential facility for the State of Missouri in a wing of the present facility. � � 370 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSion December 1 _ 1 g _97 Mr, Jeff Hine, attorney for the Gibson Recovery Center, requested that the public hearing, the rezoning request and the special use permit request be tabled for four weeks to allow the Center to present facts on the issue to the neighbors. In addition, there are two Council members that may be serving on an advisory board for the Center and the question has been raised whether there is a conflict of interest. I Mr. Williamson made a motion, seconded by Mr. Gateley, to table the public hearing on the Gibson Center special use permit and rezoning request to the January 5, 1998, City Council meeting. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The first reading BILL NO. 97-296 was tabled to the January 5, 1998, City Council meeting upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-296 reads as follows: i AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOIJRI, BY CHANGING THE ZONING OF 1112 LINDEN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 TO C-1 The first reading of BILL NO. 97-297 was tabled to the January 5, 1998, City Council meeting upon Mr. Williamson's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-297 reads as follows: AN ORDINANCE GRANTING A SPEC[AL USE PERMIT TO GIBSON RECOVERY CENTER, INC., FOR PURPOSES OF MAINTAINING AND OPERAT[NG A 16 TO 20 BED CORRECTIONAL RESIDENTIAL FACILITY IN AN EXIST[NG FACILITY AT 1 I 12 LINDEN STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI This being the date set for a public hearing regarding the request of Bo and Dianne Shantz for a special use permit for construction of an insurance office on a tract at the northeast corner of Perryville Road and Lexington Avenue in an R-1, single family residential district, the hearing was opened. Mr. Steve Correll, 1576 Lexington, appeared in opposition to the request. He questioned what would prevent someone else from establishing a business in a home on Lexington Avenue. Mr, Bo Shantz appeared and presented facts and drawings of the house along with pictures. He will also be requesting a business sign in the future. The driveway for the business would run from Perryville Road near the Wink's store and exit onto Lexington Avenue. He stated there are presently four other spec►al use permits on I.exington which generate more traffic than his business wilL If the special use permit is not approved for this lot, the next best use would be for rental houses. Mr. Gateley expressed concerns with the driveway, the business sign and the handicap accessibility to the office. Mr. Steve Wilson appeared on behalf of Bill Schott and others who have signed a petition opposing this special use permit. Mr. Wilson stated that when Lexington was developed, the Council promised to keep this area residential. Although the business will be built as a house, it must be handicap accessible which is not required for a home, and will set it off from other homes. This business will devalue the property around it. Mr. David Goncher appeared in opposition to the special use permit stating the Council is voting on a precedent and not just one commercial building. I 371 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session D�ember 1 �9 97 S23787 Mr. Jerry Washo appeared in opposition to Mr. Shantz's request. This area has always been residential, and the increased traffic does not connote commercial development. Mr. John Essner appeared in opposition to the request stating the log home will not fit in with the neighborhood. Mr. Leon Westrich, 2022 Perryville Road, appeared in opposition to the special use permit request. Mrs. Verny Schott appeared in opposition to the request. Ms. Diane Shantz appeared and explained that they are trying to make the home fit in with the decor of the neighborhood. They would consider another type of construction if it would make a difference to the neighbors. There being no further appearances, the hearing was closed. BILL NO. 97-298 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO BO SHANTZ AND DIANNE � SHANTZ, FOR PURPOSES OF CONSTRUCTING, MAINTAINWG AND OPERATING AN INSURANCE OFFICE AT THE NORTHEAST CORNER OF PERRYVILLE ROAD AND LEXINGTON AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Williamson made a motion, seconded by Mr. Gateley, to approve the first reading of BILL NO. 97-298. Mayor Spradling expressed concerns with a commercial business in a residential area. Other special use and rezoning requests have been denied along Lexington Avenue. A special use permit in an R-1 zone appears to be an attempt at spot zoning, although this is a gray area. Following discussion, the motion failed upon the following vote: Ayes, none. Nays, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Representative Mary Kasten gave a presentation regarding the Community Caring Council and the services it offers to families in the community. Elly Knight, Edith Davis, Paul Schniedermeyer, Shirley Ramsey and Nancy Jernigan presented information on the various programs offered by the Council. Rep. Kasten also introduced Kathy LeFay, Steve Williams and Nancy Skelton who have also worked with the Council. This program is a model throughout the State of Missouri. Mr. Howard Kinder appeared in support of the preliminary plat for Golden Eagle Subdivision. 'The preliminary plat of Golden Eagle Subdivision was approved upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Eggimann stated that recently there was a water leak on Anna Street that was difficult to locate. The City repaired the line and is continuing to replace the 2" water lines in the older parts of the city. � Regarding the city's request for a special use permit for a firearms range, Mr. Gateley requested the Police Department meet with Lone Star and Biokyowa to further review this matter. The following bills were given second and third readings: BILL NO. 97-278 AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE RELATING TO WEAPONS I � 372 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SesSion December 1 19 97 523787 BILL NO. 97-279 AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO MOTOR VEHICLE INSURANCE REQUIREMENTS BILL NO. 97-284 AN ORD[NANCE APPROPRIATING FUNDS FOR INTERNAL FLEET SERVICES AND GENERAL FUND TRANSFER, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 97-285 AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION WHETHER ARTICLE VII, SECTION 7.01(a), OF THE CITY CHARTER OF CAPE GIRARDEAU, MISSOURI, SHALL BE AMENDED REGARDING CITY ELECTIONS; DESIGNATING THE TiME OF HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECT[ON BILL NO. 97-286 AN ORDINANCE CALLING AN ELECTION W THE CITY OF CAPE i GIRARDEAU, MISSOURI, ON THE QUESTION WHETHER ARTICLE VII, SECTION 7.03(b), OF THE CITY CHARTER OF CAPE GIRARDEAU, MISSOURI, SHALL BE AMENDED REGARDING � NOMINATIONS BY PETITION; DESIGNATING THE TIME OF HOLDING THE ELECTION; AUTHORIZING AND D[RECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION BILL NO. 97-288 AN ORDINANCE APPROVING THE RECORD PLAT OF SWEETBRIAR TOWNHOUSES PLAT 2 SUBDIVISION The second and third readings of BILL NOs. 97-278, 97-279, 97-284, 97-285, 97-286, and 97-288 were approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-278 is ORDINANCE NO. 2286; BILL NO. 97-279 is ORDINANCE NO. 2287; BILL NO. 97-284 is ORDINANCE NO. 2288; BILL NO. 97-285 is ORDINANCE NO. 2289; BILL NO. 97-286 is ORDINANCE NO. 2290; B[LL NO. 97-288 is ORDWANCE NO. 2291. IBILL NO. 97-280 was given first reading as follows: i AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO REIMBURSEMENT OF COSTS OF ARREST � I The first reading of BILL NO. 97-280 was approved upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. INays, none. BILL NO. 97-299 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE, BY I PLACING A YIELD SIGN ON INDUSTRIAL DRIVE AT ENTERPRISE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 373 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 1 �9 97 S23787 The first reading of BILL 1V0. 97-299 was approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 97-289 was presented as follows: I A RESOLUTION AUTHORIZWG THE CITY MANAGER TO EXECUTE AN APPLICATION AND OTHER RELATED DOCUMENTS, TO PRUDENTIAL HEALTH CARE, FOR GROUP DENTAL INSURANCE COVERAGE The reading of BILL NO. 97-289 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-289 is RESOLUTION NO. 1328. Mr. Melvin Gateley and Mr. Richard Eggimann were appointed to the Cape Girardeau Area Industrial Recruitment Association for terms expiring December 31, 1998, upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Charles C. Leming was appointed to the Show Me Center Board of Managers for a term expiring December 1, 2000, upon Mr. Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. An original package 5% beer license was conditionally approved for Super D Drugs #7, 2281 Broadway, Harold J. Werner, Jr., Managing Officer, upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. A retail liquor by the drink and Sunday sales license was conditionally approved for Amalia N. Demopoulos, d/b/a Rocking L, 2021 Independence, Amalia N. Demopoulos, Managing Officer, upon Dr. Kasten's motion, Mr Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Gateley made a motion, seconded by Mr. Neumeyer to change the dates of the City Council meetings in 1998 as follows: Monday, January 19, M.L. King Jr. Day, changed to Tuesday, January 20 Monday, February 16, President's Day, changed to Tuesday, February 17 Monday, September 7, Labor Day, changed to Tuesday, September 8 The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. An out-of-district sewer connection was granted to Michael Smith at 2755 Lynwood Hills Drive upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. 374 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSiOn December 1 19 97 523787 / ' /= A. M. Spradling III, Mayor , ( `� ^ i Gayle . Conrad, Deputy City Clerk I