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HomeMy WebLinkAboutCouncil.Minutes.02-17-1998 411 Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular Session Februar_y 17 1 g 98 c�avn - — ---- -- — � �I ,� REGULAR SESSION -FEBRUARY 17, 1998 ;; i� ;� i� ! Council convened in regular session on Monday, February 17, 1998, at 7:30 p.m. with Mayor ;� '! Albert M. Spradling, III presiding and Council Members Richard Eggimann, Melvin Gateley, �` I ;i Melvin Kasten, Tom Neumeyer, and J.J. Williamson present. ;: � The invocation was presented by Rev. Kim Ferguson of Cornerstone 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 and litigation upon Mr. Neumeyer's motion, Dr. Kasten's second, j ; and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Spradling, Williamson. Nays, none. ii ;; i; The minutes of the February 2, 1998, regular and executive sessions were approved upon Dr. �� Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, �� Kasten, Neumeyer, Spradling, Williamson. Nays, none. i; ; ,; ;; The agenda was adopted as distributed upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, ;i none. 'i i! ;: ;; This being the date set for a public hearing to consider vacating the city's interest in a 4' utility ' ` easement running between the east property line of Lot No. 18 and Lot No. 19, Block 2, Rodney ;� ;E Vista Subdivision, the hearing was opened. There being no appearances, the hearing was closed. ;� �! This being the date set for a public hearing regarding the proposed Capital Improvements Program ' � 'i ;' for fiscal years 1998-2003, the hearing was opened. There being no appearances, the hearing was ;� � �; closed. � ,; �i ii ' Mr. Jay Hunze appeared before the Council on behalf of his mother in opposition to the proposed " assessment policy on the Transportation Trust Fund projects. His mother owns a farm on Hopper ';; Road that will have approximately 2200 feet fronting the new portion. He estimated the !4 �� assessment for the street will be approximately $175,000, which his mother cannot pay. It was �i :; 1; his understanding that the transportation trust fund tax would pay for the costs of these projects. �! �� He requested that a public meeting be held on this matter with a question and answer session. �� Mr. Doug Armour appeared regarding a liquor license for Chance's Nightclub, Inc. He explained that he worked at the previous business at this location. Since he purchased the business he has made many changes to focus on an older crowd. Upon questioning by Mr. Williamson he stated that he has secured training for his employees through the State Liquor Control office, and this will ' be completed prior to opening the business. 'i Mr. Bob McDonald appeared in support of a liquor license for Chance's Nightclub. He spoke on g; behalf of Mr. Armour's character and stated the business will be operated differently than with the 3' prior owner. Upon questioning by Mr. Eggimann, he explained that he is due money from Mr. Armour for four days work. '.� ;� ;i Mayor Spradling asked the Police Chief for his recommendation. Police Chief Richard Hetzel stated it was the Police Department's recommendation that the application for a liquor license for j� Chance's Nightclub be denied. i! 412 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 17 9819 sze3+o — _-- ---------_-----_--- --- ---- _____. ------,-,------------ — --- ---------------- — -------_ ___-- l! Mr. Williamson made a motion, seconded by Mr. Neumeyer, to consider a retail liquor by the drink license for Chance's Nightclub, Inc. 823 S. Kingshighway, Doug Armour, Managing Officer. The motion failed upon the following vote: Ayes, none. Nays, Eggimann, Gateley, Kasten, Neumeyer, Williamson. Spradling abstained for financial reasons. Mr. Mike Ballou appeared and asked the Council to reconsider placing on the ballot in April a '� proposal to increase the dog and cat license fee and to change the vaccination for animals. He stated he is opposed to this increase and is receiving no benefit for this fee. He spoke against the regulation that a licensed veterinarian must give vaccinations and against the distance requirements for a dog house. Ms. Charlotte Craig, Director of the Cape Girardeau County Public Health Center, spoke in support of the proposed amendments to the animal control ordinance. The changes deal with health issues and with vicious dogs. She stated that the differential license fees will impact the animal overpopulation. Regarding vaccinations, proper administration will insure that the vaccines are effective and will add to the consistency of documentation. Ms. Requi Salter, President of the Humane Society, stated that the Society gave input for the , proposed amendments to the animal control ordinance. By controlling the pet population, this will also assist in reducing animal abuse. Mr. Gateley made a motion, seconded by Mr. Neumeyer, to place on the March 2 City Council agenda the proposed ordinance amending Chapter 6 of the City Code relating to animals. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Bill McCormack, 2408 Big Bend Road, appeared regarding the Holigan development on North Sprigg Street. Due to this development, stormwater has been directed towards Big Bend Road and Ferguson. The dam on the detention basin appears to be close to breaking and the storm drain on Big Bend is full of mud. Holigans stated they would fix the problem and have not. Mayor Spradling requested city staff review this matter. Mr. Brian Mauk of the Limbaugh Law Firm appeared on behalf of the residents in the Big Bend and Ferguson Street area and requested the city look into this matter. Ms. Jackie Ahrens appeared regarding a special use permit request on Mississippi Street that was ' denied at the February 2, 1998, City Council meeting. She explained that she is a real estate appraiser working out of her home. Due to increased business, she would like to hire one employee. Most of her work is done outside of the home, and the other employee will be assisting , with paperwork. She stated there was no opposition from the neighbors for this request. Ms. Betsy Cook appeared regarding Ms. Ahrens' special use permit. She expressed her support for this request. Mr. Mitchell Jackson appeared in support of Ms. Ahrens' request for a special use permit. 413 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSiOn February 17 19 �� �_- -_. _._ _.___ _ __ ----- - ---_ _---�-____ .--- --------_ _-- ---- _ - -- i � �� � �i Following discussion, Dr. Kasten made a motion, seconded by Mr. Eggimann, to bring up the i i ;+ matter of Jackie Ahrens' special use permit request at the March 2 City Council meeting. The i i �� motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, ;j ;j Spradling, Williamson. Nays, none. �j ;; 'i� Mr. Joey Craig appeared regarding the proposed noise ordinance. He stated the ordinance would �' I cost the city more than it is worth. If the Police Department would simply issue tickets now � instead of warnings for noise violations, this would solve the problem and produce more revenue �� i for the ciry. i i '' �' Mr. Keith Brennecke, 905 Rodney Vista, appeared regarding Fort D. He requested the City work ;� i! with the highway department to place signs on the new highway to direct traffic to this historic site. ;; ,; ;j �� Mr. Neumeyer stated he was asked to bring forth the issue of the Old St. Francis Hospital. The '' �� condition of the building has been discussed at the Downtown and Haarig Area Neighborhood Association meetings. The building is not secure and is a threat to the neighborhood. He �' requested city staff contact other cities and find a way to address this problem. I; IP '� Mr. Eggimann commended the Engineering Department on their annual construction report. He ;� suggested this information be published on Channel 5 or in the local newspaper. ii '� The following bills were given second and third readings. �� ., {. t� , �� ;i BILL NO. 98-10 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A ;; i'; CABLE CHANNEL 5 ACCESS AND FUNDING AGREEMENT, WITH ;i i� THE CITY OF JACKSON, MISSOURI I� !; '�i !� BILL NO. 98-18 AN ORDINANCE AUTHORIZING THE ACQUISITION OF i� �' PROPERTY FOR THE SANITARY SEWER IMPROVEMENT �; ;i PROGRAM PROJECT, LIFT STATIONS AND FORCE MAINS i� �� BILL NO. 98-19 AN ORDINANCE NAMING EAST WEISSINGER LANE AND WEST j� i� WEISSINGER LANE IN THE CITY OF CAPE GIRARDEAU, i i � �i MISSOURI , ',� �. i� �' �� BILL NO. 98-20 AN ORDINANCE NAMING ELKS LANE IN THE CITY OF CAPE GIRARDEAU, MISSOURI i! BILL NO. 98-24 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 OPERATING A WORKROOM FOR MANUFACTURE OF SLIPCOVERS AND RELATED ITEMS AT 9ll !' �: NORTH MISSOURI AVENUE, IN THE CITY AND COUNTY OF ;; , �� CAPE GIRARDEAU, MISSOURI s; }i i' BILL NO. 98-27 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF �; ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, i i BY CHANGING THE ZONING OF 1329 WEST CAPE ROCK DRIVE, ;� �; i I. .. 414 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Februarv 17 9819 - ---------- ---- — ----- --_—. ------------ �� ---- —�--------__--- ----- ----—- ----_---------____. --_------------------ ;� CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-4 BILL NO. 98-29 AN ORDINANCE ACCEPTING A GRANT OF EASEMENT FOR ROADWAY, SEWER, UTILITY AND STORM DRAINAGE PURPOSES FROM P. DAVID GERLACH AND JERRIE L. GERLACH AND RANDOL FARMS DEVELOPMENT, INC. Mr. Eggimann made a motion, seconded by Dr. Kasten to remove BILL NO. 98-20 from the agenda. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The second and third readings of BILL NOs. 98- 10, 98-18, 98-19, 98-24, 98-27 and 98-29 were approved and the ordinances adopted upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 98-10 is ORDINANCE NO. 2324; BILL NO. 98-18 is ORDINANCE NO. 2325; BILL NO. 98-19 is ORDINANCE NO. 2326; ' BILL NO. 98-24 is ORDINANCE NO. 2327; BILL NO. 98-27 is ORDINANCE NO. 2328; BILL NO. 98-29 is ORDINANCE NO. 2329. BILL NO. 98-17 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE RELATING TO NOISE Mr. Neumeyer made a motion, seconded by Mr. Gateley, to approve the first reading of BILL NO. 98-17. Upon questioning by Mr. Williamson, Chief Hetzel explained that ordinances from other cities were reviewed in preparing this ordinance. The point of the ordinance is not to harass but to enforce with good reason and common sense. This will be used as a tool to eliminate repeated calls and gain compliance. Mayor Spradling made a motion, seconded by Mr. Eggimann, to amend Section 17-159 of BILL NO. 98-17 by adding the following sentence. "However, for the first offense under this section, a warning shall only be issued by the law enforcement officer, and the law enforcement officer shall give the offending party notice of the violation and the fact that if a second offense occurs, the device causing the excessive noise may be seized as evidence." The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Dr. Kasten made a motion to table approval of BILL NO. 98-17 to the March 2 City Council meeting. The motion failed for lack of a second. Mr. Neumeyer made a motion to amend BILL NO. 98-17 by changing the quiet time to end at 7:00 a.m. instead of 6:00 a.m. The motion failed for lack of a second. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, Kasten. BILL NO. 98-30 was given first reading as follows: AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO INCLUDE PROPERTY OF MICHAEL A. SMITH AND BONNIE C. SMITH, LARRY D. BROWN; CARL W. PATTERSON AND SHIRLEY A. PATTERSON; HORACE L. EASTMAN AND ROBBIE H. 415 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S2SSion Februarv 17 19 �.$_ _ �� — EASTMAN; BETTY L. MCCULLEY, TRUSTEE; AND PAUL C. HORN AND BARBARA B. I HORN � t � The first reading of BILL NO. 98-30 was approved upon Mr. Gateley's motion, Mr. Neumeyer's � second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, !� Williamson. Nays, None. �I BILL NO. 98-31 was given first reading as follows: �i AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE CAPE ( ROCK WATER TREATMENT PLANT EXPANSION PROJECT i �� The first reading of BILL NO. 98-31 was approved upon Mr. Neumeyer's motion, Mr. Gateley's �( second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, i� Williamson. Nays, None. :� li BILL NO. 98-32 was given first reading as follows: ;' �� AN ORDINANCE VACATING THE CITY'S INTEREST IN A UTILITY EASEMENT IN � RODNEY VISTA PARK SUBDIVISON, IN THE CITY OF CAPE GIRARDEAU, MISSOURI j! I; The first reading of BILL NO. 98-32 was approved upon Mr. Eggimann's motion, Dr. Kasten's ;i second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, '� Williamson. Nays, None. �� i �, BILL NO. 98-33 was given first reading as follows: �� I! AN ORDINANCE ACCEP'TING PERMANENT EASEMENTS FROM WILLIAM H. ROUSSEL, i I KAREN SUE ROUSSEL; NANCY A. WELSH, RODNEY W. JUENEMAN AND FRED R �{ JUENEMAN FOR A WATER LINE UPGRADE IN THE EAST RODNEY AREA �� i; i; i The first reading of BILL NO. 98-33 was approved upon Mr. Gateley's motion, Mr. Williamson's i; second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Williamson. Nays, j none. Mayor Spradling abstained for financial reasons. j i! BILL NO. 98-35 was presented as follows: �i '� A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI DEPARTMENT OF �; NATURAL RESOURCES, DIVISION OF ENVIRONMENTAL QUALITY, SOLID WASTE �I MANAGEMENT PROGRAM, FOR THE CAPE GIRARDEAU RECYCLING DROP OFF !I FACILITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY !s � GRANT DOCUMENTS ;; ii ;i The reading of BILL NO. 98-35 was approved and the resolution adopted upon Dr. Kasten's ;; motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, ;! Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 98-35 is RESOLUTION NO. 1343. �; 1( Mayor Spradling announced that BILL NO. 98-34 was removed from the agenda at the request of �� city staff. BILL NO. 98-34 reads as follows: �� � jl 416 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SessiOn February 17 9819 �� _ �� �! A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT '; �i WITH JOHN L. E. BOARDMAN, ARCHITECT FOR REMODELING A BUILDING AT 100 ��! BROADWAY i'. !! BILL NO. 98-36 was presented as follows: I; ' i'' i' �% A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION AND '� �I� SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION j j � � The reading of BILL NO. 98-36 was approved and the resolution adopted upon Mr. Williamson's � I motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, ; Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 98-36 is RESOLUTION NO. 1344. �',! �I; � i�i I� ;, Mr. Roy Jones, Mr. Fred Keller, and Mr. Rick Lambert were appointed to the Cable Television Advisory Committee for terms expiring February 20, 2001, upon Mr. Gateley's motion, Mr. ' �� Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, S radlin , Williamson. Na s, none. P g Y Mr. Dan Little was appointed to the Board of Adjustment for a term expiring March 6, 2003, upon �'� Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, � Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. ;II �',! Mr. James K. Withers was appointed to the Airport Advisory Board for a term expiring April 30, 1999, upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, '' Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. ii Ii The addition of an auxiliary generator to provide back-up power at the Cape Rock Water Treatment Plant was acce ted and final a ment to K&K Electric Com an Inc. was authorize > d P PY , � �j P Y ; upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, i! Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. i! '', The preliminary plat of LaCroix Meadows Business Park, L.L.C. was approved upon Mr. ��' Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, �� Kasten, Neumeyer, Spradling, Williamson. Nays, none. �'� I� Mayor Spradling announced that the proposed ordinance relating to animals will be on the March i; 2 agenda for first reading. ;� ;i 'i Regarding the proposed ordinance relating to the licensing and sale of cigarettes and other tobacco ' products, Mr. Eggimann commented that if all aspects of the proposed ordinance were {i implemented, this would greatly impact city staff and recordkeeping. There are some good parts �, t o t h e o r d i n a n c e, b u t i t s h o u l d n o t s t r a p d o w n c i t y s t a f f. ,� �; i; �i Upon the request of Mr. Gateley, Ben Edwards of the Youth Advisory Council appeared before �i the Council and expressed the Council's views on this ordinance. He stated this is not a new idea. j i It is meant to strengthen and enforce the present ordinances. ,� ;� i� Mr. Gateley made a motion, seconded by Mr. Williamson, to place the proposed tobacco ii iordinance on the March 2 agenda for first reading, to invite the Youth Advisory Council to the ;i meeting to discuss the ordinance, and for the City Attorney to report on the concerns of this ; i; 417 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSsiOn February 17 19 �$_ —_ ._----_ _- ---- -- -_ ___ .__ __ __ __ -- - . --� --- --- ---- ---._._------------S�a� _ ___.----__.._.__ .._._ __ _._ - -- -- _ ...-- .�_._. _ -- _ _ _ I I �� proposed ordinance. Following discussion, the motion was approved upon the following vote: �� I� Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. �` ;i ji �I Mr. Neumeyer made a motion, seconded by Mr. Williamson, to file the recommendation of the '� ;� Planning and Zoning Commission to disapprove the request of the Gibson Recovery Center, Inc. ! � to rezone 1112 Linden Street from R-4, multiple family residential district, to G 1 local !! � commercial district, and for a s�ecial use rermit for a 16 to 20 bed correctional residential facili ty ;� fl �; for the State of Missouri in an unused wing of the present facility. The motion was approved upon i f the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, �i none. i; �� �� �� i i Regarding an assessment policy for the Transportation Trust Fund projects, Mr. Eggimann stated !i i i that the City needs to consider circumstances similar to Mr. Hunze's and Mr. Dobson's to not I i �; make an unfair burden on citizens. �i ;� There being no further business, the Council adjourned upon Mr. Neumeyer's motion, Mr. �� Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, i+ Spradling, Williamson. Nays, none. �� i: ;; ;� ` A. . Spradling III, Mayor �' !i If i; ;a � : i i ��/� 'i ;� Gayle L onrad, Deputy City Clerk '` i � i' '��i I �� II i �II �� ji Ei i� ii i' i ii li i, i; i' f, �' { f I, ( I� II �' �!