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Home My WebLink AboutCouncil.Minutes.03-02-1998 Proceedings of the City Council, City of Cape Girardeau, Mo. 421 Regular SessiOn March 2 19 �� ---------_ _. __ _____ -- ___ --- --. -- --- -- _______ ___ ..__.---_.___ -__.__._�---- -----------_.____c�avn_. __.__ . _ _ _._.__ ____ ' _____ _.,._._._ __.__----�� REGULAR SESSION - MARCH 2, 1998 ;� �E �6 ' I i� Council convened in regular session on Monday, March 2, 1998, at 7:30 p.m. with Mayor Albert � ;� M. Spradling, III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin '� ! Kasten, Tom Neumeyer, and J.J. Williamson present. ,i �j ';� I; The invocation was presented by Rev. Kim Ferguson of Cornerstone Church, and the Pledge of �! �j Allegiance was recited. j� � 'i i i Dr. Kasten made a motion, seconded by Mr. Gateley, to approve the minutes of the February 17, ' i ,i 1 9 9 8, r e g u l a r s e s s i o n. M a y o r S p r a d l i n g m a d e a m o t i o n, s e c o n d e d b y M r. E g g i m a n n, t o a m e n d j� the minutes by changing the vote regarding the liquor license for Chance's Nightclub. He abstained from voting for financial reasons. The amending motion was approved upon the I.j following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, '( i i none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, � ;; Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. '� :a ;� � �' The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Neumeyer's second, and i� the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, � none. ;. ;� Mayor Spradling welcomed the members of the Youth Advisory Council and presented a certificate ; �' of appreciar.ion to each for their service to the City. � �� I '' Mr. Jay Hunze appeared regarding the assessment policies for the Transportation Trust Fund �� ±� projects. He presented the following observations: (1) the five policies do not indicate what type �p ;i of project each applies to; (2)the preliminary estimates presented at the last meeting are now good �� j( estimates and are included in the policy; (3) a financial assistance item was added to the policy but � �i there is no provision for catastrophic financial impact; and (4) his questions presented at the i; �: �; previous Council meeting were not addressed. Mr. Hunze reviewed his questions from the last '; �; meeting and presented 11 new questions. These were submitted in writing to the Deputy City �; Clerk. �j �i �, i' Mr. Joe Russell appeared on behalf of his client, Ms. DuShell and her brother, regarding the ;j i; �, ;; Transportation Trust Fund assessment policies. He stated the citizens voted on the tax for ':; transportation capital improvements and now the proposed policies are shifting the costs to �� property owners. In addition, this is an effort to intimidate and compel property owners to give � �� their land to the city with the threat that if they do not, then the cost of the assessment will be raised. !, Mr. Bob Dodson, 3317 Kage, appeared regarding the assessment policy for the Transportation '� Trust Fund projects. He has property adjoining the Hopper Road extension, and this policy will ;i ,�, ;j eliminate any negotiation between the city and the owner. In addition, he stated that four property i; ;i owners on Hopper Road were told that their property would be purchased for right-of-way but they ` E,'. would not be assessed. Kage Road is also scheduled to be widened. However, if Hopper is !" ;i extended, this will relieve the traffic on Kage Road. �i '; Mr. John Oliver appeared in opposition to the Transportation Trust Fund assessment policies and `' i; urged the Council to withdraw the Resolutions from the agenda. This is a city-wide project and i j should not be paid for by adjoining property owners. If the city had planned for future �; �` ,; ,� Proceedings of the City Council, City of Cape Girardeau, Mo. 422 Regular Session March 2 19 98 – — --- -- — __---___._.___._---_ �� — - ----------- -- __-------_--- ___--___________---- �, ;; � ;'' development, the City could have designated this a corridor and acquired property in that manner. � He stated the City failed to include a mechanism to provide for corridor designation for Hopper ' Road, and the city should not assess the property owners. Upon questioning by Mayor Spradling, City Planner Kent Bratton responded that the Hopper Road extension was included in at least the 1987 Street Plan, and the center line designation was set in approximately 1990 to his recollection. Mayor Spradling stated that the corridor designation for Hopper Road was set before Clarkton '' Place Subdivision. In addition, the purpose of the transportation sales tax was to replace declining ;� ':.' infrastructure, such as Perryville Road and Bloomfield Road. It was not the intent to build a new street free of charge. The Transportation Trust Fund includes other sources of revenue, including the motor fuel tax. Mr. Jay Hunze reappeared before the Council. The December,1997 Trust Fund report included a list of 20 projects to be covered by the tax. The first four were for maintenance projects costing $5.6 million, and the entire Trust Fund is $17 million. ; BILL NO. 98-44 was presented as follows: AN AMENDED RESOLUTION ADOPTING POLICIES FOR SPECIAL TAX BILL ASSESSMENTS FOR PROJECTS FUNDED FROM THE CITY TRANSPORTATION TRUST FUND Mr. Williamson made a motion, seconded by Mr. Neumeyer, to approve the reading of BILL NO. 98-44 and adopt the Resolution. Following comments, Mr. Gateley made a motion, seconded by Mr. Eggimann, to table approval of the reading of BILL NO. 98-44, and invite the property owners who will be affected by the Hopper Road extension to a public meeting regarding the Transportation Trust Fund assessment policies. The motion to table was approved upon the ; following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 98-45 was presented as follows: A RESOLUTION ESTABLISHING THE MAXIMUM ANNUAL ASSESSMENT POLICY FOR TRANSPORTATION TRUST FUND PROJECTS FOR THE CALENDAR YEAR 1998 Mr. Neumeyer made a motion, seconded by Mr. Williamson, to approve the reading of BILL NO. 98-45 and adopt the resolution. Mr. Gateley made a motion, seconded by Mr. Eggimann, to table approval of the reading of BILL NO. 98�5. The motion to table was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Mike Ballou appeared regarding BILL NO. 97-304 and stated it is not the concern of the City where to place a dog house on a person's property. In addition, he asked the Council to reconsider placing on the April ballot a proposal to increase the dog and cat license fee. There is a meeting of the U.S. Taxpayer Party on March 10 at Drury Lodge, and this issue will be discussed at that meeting. Mr. Andrew Ostrowski appeared regarding the proposed noise ordinance. He requested the Council insure that this is a consistent law, as it will apply to all residents. Proceedings of the City Council, City of Cape Girardeau, Mo. 423 Regular Session March 2 19 g -----._. _ ____ ____ ___ __ --- -_.___ _�__.___ --- -- --. _... --__-_--- ----- �� .� — _____--- —- --___---.__��_._--- _ __._--- -- — - .__. . _ _ ._____ . __ _ _._ _ ___ _ ___ _ _.___ _— -- — � � il �i Ms. Emily Green presented a petition to the City Council in opposition to the proposed noise f � ordinance. She stated that this ordinance is directed at loud car stereos, and there is a more i, �; reasonable solution to the problem. She requested the Council allow more time for the problem �j �� to work itself out and to reconsider the issue in one month. !� �' 'i j Ms. Requi Salter, President of the Humane Society, appeared in support of the proposed ;I Iamendments to the animal control ordinance. She supported the licensing of cats as this will 'i ;' increase the number of cats returned to their owner. Regarding the vaccination of animals, it is ';i � State law that all domestic animals must be vaccinated by a licensed veterinarian. I� I �� Ms. Charlotte Craig, Director of the Cape Girardeau County Public Health Center, spoke in ��i 4 i support of the proposed amendments to the animal control ordinance. The tag fee is used to �� support the Humane Society as a holding facility for animals, and will enable the program to grow. ;; � 'i , �! Mr. Ben Edwards of the Youth Advisory Council appeared and thanked the City Council for I� I I allowing them to work on the proposed tobacco ordinance. i i� Mr. Don Howard appeared regarding a problem he is having with the Police Department. He '� questioned if a municipal code violation can be increased simply because a trial is requested. He !� ;; then stated that the old St. Francis Hospital needs to be torn down. �� i ;; Ms. Jackie Ahrens appeared in support of a special use permit at 1531 Mississippi. ;� i; ;i !! BILL NO. 98-37 was given first reading as follows: '; !; �, � �j AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JACKIE AHRENS, FOR i' � PURPOSES OF MAINTAINING AND OPERATING A BUSINESS OFFICE WITH A NON- ;s � ;� RESIDENT EMPLOYEE AT 1531 MISSISSIPPI STREET, IN THE CITY AND COUNTY OF �i �; CAPE GIRARDEAU, MISSOURI �' �� i ; The first reading of BILL NO. 98-37 was approved upon Mr. Neumeyer's motion, Mr. Gateley's ;i i; s e c o n d, a n d t h e f o l l owi n g v o t e: A y e s, E g g i m a n n, G a t e l ey, K a s t e n, N eu m ey er, S pr a d li n g, i� �� Williamson. Nays, none. �� A ;' `' Re azdin the Ho r Road assessment, Mr. E imann stated that the Ci is shiftin its a roach �' i� g g PPe gg tY � g � PP ;; �� on what part of street improvements the city should pay. �; � , �; ;i �� Mayor Spradling commented that in Study Session the Council had consented to amend the !' �; �! assessment policy for construction of new residential streets to $35.00. With the action now taken ;� ;� by the"Council, the Trust Fund projects, including Hopper, Broadway and Bloomfield, will stop. ;; The actions by the Council do not reflect what the public wants; they want the city to move '�! �� forward on these projects. He stated it is not the intent of the city to build new streets free of '' �' charge. These same issues were heard when Lexington Avenue was being constructed. '�' �i j� Following discussion, Mr. Gateley made a motion, seconded by Mr. Eggimann, to set a public �j hearing and reconsider the Transportation Trust Fund assessment policies at the March 16 City � ;, ;� Council meeting, and for city staff to notify the property owners who will be affected on the new !i Hopper Road. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, ' I; i� ii �i ; I� Proceedings of the City Council, City of Cape Girardeau, Mo. 424 Regular Session March 2 19 �$_ �� __ — --- ---- — ------.—��___ l'f--- ---- ,, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mayor Spradling suggested the city staff '� give a small report at the beginning of the public hearing ' The following bills were given second and third readings. BILL NO. 98-17 AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE RELATING TO NOISE BILL NO. 98-30 AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO ;; INCLUDE PROPERTY OF MICHAEL A. SMITH AND BONNIE C. I I SMITH, 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. 98-31 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE CAPE ROCK WATER TREATMENT PLANT EXPANSION PROJECT BILL NO. 98-32 AN ORDINANCE VACATING THE CITY'S INTEREST IN A UTII,ITY EASEMENT IN RODNEY VISTA PARK SUBDNISON, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 98-33 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS FROM WILLIAM H. ROUSSEL, KAREN SUE ROUSSEL; NANCY A. WELSH, RODNEY W. JUENEMAN AND FRED R JUENEMAN FOR A WATER LINE UPGRADE IN THE EAST RODNEY AREA The second and third readings of BILL NOs. 98-17, 98-30, 98-31, 98-32, and 98-33 were approved and the ordinances adopted upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Dr. Kasten voted no on BILL NO. 98-17. Mayor Spradling abstained for fmancial reasons on BILL NO. 98-33. BILL NO. 98-17 is ORDINANCE NO. 2330; BILL NO. 98-30 is ' ORDINANCE NO. 2331; BILL NO. 98-31 is ORDINANCE NO. 2332; BILL NO. 98-32 is ORDINANCE NO. 2333; BILL NO. 98-33 is ORDINANCE NO. 2334. BILL NO. 97-304 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY CODE RELATING TO ANIMALS. ;; Mr. Williamson made a motion, seconded by Dr. Kasten, to approve the first reading of BILL NO. 97-304. Mayor Spradling made a motion, seconded by Mr. Gateley, to amend Section 6-28 of the ordinance by eliminating all references to cats. 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, Neumeyer, Spradling, Williamson. Nays, Kasten. Proceedings of the City Council, City of Cape Girardeau, Mo. 4�5 Regular Session March 2 1 g 98 BILL NO. 98-38 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 15 AND CHAPTER 17 OF THE CITY CODE RELATING TO THE LICENSING AND SALE OF CIGARETTES AND OTHER TOBACCO PRODUCTS The first reading of BILL NO. 98-38 was approved upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 98-41 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, ESTABLISHING A HANDICAPPED PARKING SPACE ON SPAIVISH STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 98-41 was approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 98-42 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON NORMAL AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 98-42 was approved upon Mr. Williamson's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 98-43 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A COOPERATION AGREEMENT IN SUPPORT OF THE BIOKYOWA, INC. EXPANSION, WITH THE CAPE GIRARDEAU COUNTY COMMISSION The first reading of BILL NO. 98-43 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 98-34 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JOHN L. E. BOARDMAN, ARCHITECT FOR REMODELING A BUILDING AT 100 BROADWAY The reading of BILL NO. 98-34 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 98-34 is RESOLUTION NO. 1345. Proceedings of the City Council, City of Cape Girardeau, Mo. 426 __---Regular - - Session March 2 __ 19 9g-- S23 BILL NO. 98-39 was presented as follows: A RESOLUTION ADOPTING THE FISCAL 1998-2003 CAPITAL IMPROVEMENTS � PROGRAM 1 The reading of BILL NO. 98-39 was approved and the resolution adopted upon Mr. Williamson's � motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 98-39 is RESOLUTION NO. 1346. BILL NO. 98-40 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH THOMASON AND ASSOCIATES, FOR PREPARATION OF A HISTORIC PRESERVATION PLAN The reading of BILL NO. 98-40 was approved and the resolution 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. 98-40 is RESOLUTION NO. 1347. BILL NO. 98-46 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MONROE PLUMBING AND HEATING CO., INC., FOR INSTALLATION OF THE TWIN LAKES SUBDIVISION WATER SYSTEM IMPROVEMENTS The reading of BILL NO. 98-46 was approved and the resolution adopted upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 98-46 is RESOLUTION NO. 1348. Mr. Thomas E. Smith was appointed to the Cable Television Advisory Committee for a term expiring February 20, 2001, upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. A 3.2% non-intoxicating beer by the drink and Sunday sales license was conditionally approved for R&V Enterprises, Inc., d/b/a Pagliai's Pizza and Pasta, 1129 Broadway, Ronald Bohnert, Managing Officer, upon Dr. Kasten'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. A. M. Spradling III, Mayor n i Gayle L. o •ad, Deputy City Clerk