HomeMy WebLinkAboutCouncil.Minutes.02-02-1998 403
Proceedings of the City Councii, City of Cape Girardeau, Mo.
_____Regular __ Session Februar_y 2 _____ 19 98 ___
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REGULAR SESSION - FEBRUARY 2, 1998
Council convened in regular session on Monday, February 2, 1998, at 7:30 p.m. with Mayor
Albert M. Spradling, III presiding and Council Members Richard Eggimann, Melvin Gateley, Tom
Neumeyer, and J.J. Williamson present. Melvin Kasten was absent.
The invocation was presented by Mr. Richard Eggimann, and the Pledge of Allegiance was
recited.
The Council convened in executive session prior to the regular session for the purpose of
discussing litigation upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote:
Ayes, Eggimann, Gateley, Neumeyer Spradling, Williamson. Nays, none.
The minutes of the January 20, 1998, regular session and the January 26, 1998, special joint
session with the Board of Aldermen for the City of Jackson were approved upon Mr. Gateley's
motion, Mr. Eggimann's second, and the following vote: Ayes, Gateley, Eggimann, Neumeyer,
Spradling, Williamson. Nays, none.
The agenda was adopted as distributed upon Mr. Neumeyer's motion, Mr. Williamson's second, i
and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays,
none.
This being the date set for a public hearing regarding the request of Marvin L. and Kathy J. Miller
and Larry D. and Deborah L. Bruns for a special use permit for a workroom for the manufacture
of slipcovers and related items at 911 N. Missouri Avenue in an R-3, two 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 Susan M. and Stephen D.
Engelmann and Laurie Swain for a special use permit for a dog grooming business at 1608 William
Street in an R-2, single family residential district, the hearing was opened. Mr. Blane King
appeared on behalf on his parents, Mrs. and Mrs. 011ie King , and the neighbors in the 1600 block
of William. The neighbors are opposed to this special use permit because they are mostly retired
individuals and to not want to hear barking dogs. In addition tractor trailers use Missouri Street
to access Campbell Mattress Company, and the neighbors do not want any additional traff'ic on this �
street. He requested this special use permit be denied.
Mr. Larry Swain appeared on behalf of Laurie Swain in support of this request. He explained that I
the dogs to be groomed will be kept inside the building. There will only be two customers at a !
time at the facility. There is room on the existing property to place the building, and there is i
already an entrance to the property from Missouri Street. There being no further appearances, the
hearing was closed. �
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BILL NO. 98-25 was given first reading as follows: I
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SUSAN M. ENGELMANN,
STEPHEN D. ENGELMANN AND LAURIE SWAIN, FOR PURPOSES OF CONSTRUCTING,
MAINTAIIVING AND OPERATING A DOG GROOMING BUSINESS AT THE REAR OF 1608
WILLIAM STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
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The first reading of BILL NO. 98-25 failed upon Mr. Williamson's motion, Mr. Eggimann's
second, and the following vote: Ayes, none. Nays, Eggimann, Neumeyer, Spradling, Williamson. �
Gateley abstained for financial reasons.
This being the date set for a public hearing regarding the request of Jackie Ahrens for a special use
permit for a business office with non-resident employees at 1531 Mississippi Street in an R-2,
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 Charles Harrison, Ann
Brinkopf and H. Glen Kinder to rezone 1329 West Cape Rock Drive from R-1, single family
residential district, to R-4, multiple family residential district, the hearing was opened. Mr. Basil
Barnes, 1226 Brookshire, appeared and expressed concerns with water drainage when this property
is developed. Mayor Spradling responded that the developer is required to submit stormwater
plans to the Engineering office when developing this property. There being no further
appearances, the hearing was closed.
Ms. Shaunna McGhie appeared in support of BILL NO. 98-19. The reason for the request to
change the street name was to make it easier for emergency personnel and delivery companies to
locate the homes.
Mr. Charles Stalon appeared in support of renaming Weiss:nger Lane as East and West Weissinger
Lane.
BILL NO. 98-19 was given first reading as follows:
AN ORDINANCE NAMING EAST WEISSINGER LANE AND WEST WEISSINGER LANE
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 98-19 was approved upon Mr. Gateley's motion, Mr. Williamson's
second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson.
Nays, none. Mr. Gateley suggested that a street sign be posted at the East/West point of
Weissinger Lane.
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Mr. John Eck appeared in support of the proposed ordinance amending the city code relating to
noise. He stated he lives on Broadway and the noise from the car stereos on weekends has broken I
the windows in his home. He suggested to expand the provisions of the ordinance to include any
i hours during the day or night when obscene language is heard within 50 feet of the source.
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� Following discussion regarding the hours of enforcement, Mr. Gateley made a motion, seconded
� by Mr. Williamson, to place the proposed noise ordinance on the February 17 City Council agenda
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ifor first reading. The motion was approved upon the following vote: Ayes, Eggimann, Gateley,
+ Neumeyer, Spradling, Williamson. Nays, none.
Mr. Mike Ballou appeared and stated that on January 16, the Republican National Committee
voted three to one to fund Republican candidates who support partial birth abortions, and listed the
individuals who voted in favor of this. He further stated that his reason for appearing was to poll
I the Council members to find out who owns a dog or cat. Mayor Spradling responded that polling
the Council is out of order. Mr. Ballou proceeded to explain it is a regulatory scheme to raise the
dog tag fees from $1 to $15, and he does not receive a service from the City for this fee. He
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______Re�ular Session _ Februar�2 _ 19 .98 __
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He read an editorial from the Standard Democrat regarding taxes.
The following bills were given second and third readings.
BILL NO. 98-3 AN ORDINANCE ACCEPTING TEMPORARY CONSTRUCTION
EASEMENTS FROM ST. ANDREW LUTHERAN CHURCH, ROBERT
F. HEMPERLEY, JR. AND NELLE B. HEMPERLEY, ALBERT M.
SPRADLING, III AND PAMELA S. SPRADLING, MICHAEL R.
DUMEY AND ELIZABETH A. DUMEY, MARTIN L. ROTH, JOHN
RICHARD ROBINSON AND JUDITH A. ROBINSON, DONALD
PRESNELL WHEELER, AND LILLIAN ELLEN GRISSOM, FOR THE
CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL
PROJECT
BILL NO. 98-8 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE
GIRARDEAU, MISSOURI, UPON THE REQUEST OF LARRY D.
BROWN; CARL W. PATTERSON AND SHIRLEY A. PATTERSON;
HORACE L. EASTMAN AND ROBBIE H. EASTMAN; BETTY L.
MCCULLEY, TRUSTEE; AND PAUL C. HORN AND BARBARA B. �
HORN
BILL NO. 98-11 AN ORDINANCE AMENDING CHAPTER 14 OF THE CITY CODE
RELATING TO FAIR HOUSING
BILL NO. 98-13 AN ORDINANCE ACCEPTING A SEWER EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT FROM CLYDE W.
HUGHES AND ELIZABETH L. HUGHES TO, SERVE CAPE
COMMERCIAL PARK SUBDIVISION
The second and third readings of BILL NOs. 98-3, 98-8, 98-11 and 98-13 were approved and the
ordinances adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote:
Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, none. Spradling abstained
for fmancial reasons on BILL NO. 98-3. BILL NO. 98-3 is ORDINANCE NO. 2319; BILL NO.
98-8 is ORDINANCE NO. 2320; BILL NO. 98-11 is ORDINANCE NO. 2321; BILL NO. 98-13
is ORDINANCE NO. 2322.
BILL NO. 98-18 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE
SANITARY SEWER IMPROVEMENT PROGRAM PROJECT, LIFT STATIONS AND FORCE
MAINS
The first reading of BILL NO. 98-18 was approved upon Mr. Eggimann's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling,
Williamson. Nays, none.
BILL NO. 98-20 was given first reading as follows:
AN ORDINANCE NAMING ELKS LANE IN THE CITY OF CAPE GIRARDEAU, MISSOURI
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Proceedings of the City Council, City of Cape Girardeau, Mo.
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The first reading of BILL NO. 98-20 was approved upon Mr. Williamson's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, f
Williamson. Nays, none.
BILL NO. 98-21 was given first, second and third readings as follows:
AN ORDINANCE ACCEPTING GRANT FUNDING FROM THE MISSOURI DEPARTMENT
OF ECONOMIC DEVELOPMENT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECT FOR CONSTRUCTION OF A RAIL SPUR EXTENSION TO SERVE THE
EXPANSION OF BIOKYOWA, INC.
I The first, second and third readings of BILL NO. 98-21 were approved and the ordinance adopted
upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann,
Gateley, Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 98-21 is ORDINANCE NO.
2323.
BILL NO. 98-24 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MARVIN L. MILLER, KATHY J.
MILLER, LARRY D. BRUNS AND DEBORAH L. BRUNS, FOR PURPOSES OF
CONSTRUCTING,MAINTAINING AND OPERATTNG A WORKROOM FOR MANUFACTURE
OF SLIPCOVERS AND REIATED ITEMS A'T 911 NORTH MISSOURI AVENUE, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 98-24 was approved upon Mr. Neumeyer's motion, Mr. Gateley's
second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson.
Nays, None.
i BILL NO. 98-26 was given first reading as follows:
� AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JACKIE AHRENS, FOR
PURPOSES OF MAINTAINING AND OPERATING A BUSINESS OFFICE WITH NON-
RESIDENT EMPLOYEES AT 1531 MISSISSIPPI STREET, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 98-26 failed upon Mr. Gateley's motion, Mr. Williamson's second,
and the following vote: Ayes, none. Nays, Eggimann, Gateley, Neumeyer, Spradling,
Williamson.
BILL NO. 98-27 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 1329 WEST
� CAPE ROCK DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1
TO R-4
� The first reading of BILL NO. 98-27 was approved upon Mr. Eggimann's motion, Mr.
I Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling,
� Williamson. Nays, None.
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BILL NO. 98-29 was given�rst reading as follows:
AN ORDINANCE ACCEPTING A GRANT OF EASEMENT FOR ROADWAY, SEWER, i
UTILITY AND STORM DRAINAGE PURPOSES FROM P. DAVID GERLACH AND JERRIE ;
< L. GERLACH AND RANDOL FARMS DEVELOPMENT, INC. I
The first reading of BILL NO. 98-29 was approved upon Mr. Williamson's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling,
Williamson. Nays, None.
BILL NO. 98-22 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMUNITY
DEVELOPMENT BLOCK GRANT ADMINISTRATION CONTRACT WITH THE I
SOUTHEAST MISSOURI REGIONAL PLANNING AND ECONOMIC DEVELOPMENT
COMMISSION FOR THE BIOKYOWA INC., EXPANSION PROJECT I I
The reading of BILL NO. 98-22 was approved and the resolution adopted upon Mr. Gateley's l
motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer,
Spradling, Williamson. Nays, None. BILL NO. 98-22 is RESOLUTION NO. 1340.
BILL NO. 98-23 was presented as follows:
A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI DEPARTMENT OF
SOCIAL SERVICES UNDER THE EMERGENCY SHELTER GRANT PROGRAM, FOR SAFE
HOUSE FOR WOMEN, INC. AND THE SALVATION ARMY, AND AUTHORIZING THE �
CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS f
The reading of BILL NO. 98-23 was approved and the resolution adopted upon Mr. Gateley's
motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer,
Spradling, Williamson. Nays, None. BILL NO. 98-23 is RESOLUTION NO. 1341.
BILL NO. 98-28 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF �I
AGREEMENT WITH SOUTHEAST MISSOURI STATE UNNERSITY, FOR AN INVENTORY
OF HISTORIC BUILDINGS
The reading of BILL NO. 98-28 was approved and the resolution adopted upon Mr. Neumeyer's
motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer,
Spradling, Williamson. Nays, none. BILL NO. 98-28 is RESOLUTION NO. 1342.
A retail liquor by the drink and Sunday sales license was conditionally approved for Cape Elks
Lodge#639, 639 Limbaugh Lane, Ray J. Drury, Managing Officer, upon Mr. Eggimann's motion,
Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer,
Spradling, Williamson. Nays, none.
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The improvements for the 1996 Slurry Seal Program were accepted and final payment to Missouri
Petroleum Products Company was authorized upon Mr. Gateley's motion, Mr. Neumeyer's
second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson.
Nays, none.
The improvements for the College/Henderson South CSO portion of the Sanitary Sewer
Improvement Program, Phase I, were approved and final payment to Robinson Construction
Company was authorized upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following
vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, none.
Mr. Eggimann requested that city staff check into the truck traffic on Missouri Avenue.
There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling,
Williamson. Nays, none.
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' A. . Spradlmg III, Mayor
Gayle L. Conrad, Deputy City Clerk
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