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HomeMy WebLinkAboutCouncil.Minutes.08-03-1998 Proceedings of the City Council, City of Cape Girardeau, Mo. a.� Re�ular Session Au�ust 3 1 g 98 ----.__----- - -----__ - -_____ _ ---------- __._ _--- --_.__ __--_-___._--- ��a�.,, . ___--------------- --�_� --_____ —_ _-------_. ._. _._�. ______ ____ -------- __- -- ___ __--._ ____._.... _._ ----- — !) i �' REGULAR SESSION - AUGUST 3, 1998 i � ;` ; Council convened in regular session on Monday, August 3, 1998, at 7:30 p.m. with Mayor '�� �i Albert M. Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, '� +� Melvin Kasten, Tom Neumeyer, Jay Purcell and Frank Stoffregen present. i �, f� i !( The invocation was presented by Mr. Purcell, and the Pledge of Allegiance was recited. � 1i 'i i i The minutes of the July 20, 1998, regular session were approved upon Dr. Kasten's motion, ; M r. G a t e l e y's s e c o n d, a n d t h e f o l l o w i n g v o t e: A y e s, E g g i m a n n, G a t e l e y, K a s t e n, N e u m e y e r, ' Purcell, Spradling, Stoffregen. Nays, none. ;; i I � The agenda was adopted as distributed upon Mr. Neumeyer's motion, Mr. Gateley's second, ;i �; �j and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, j ;� i I Stoffregen. Nays, none. j i� '� ;i ;I Dr. Dale Nitschke, President of Southeast Missouri State University, appeared before the ;� �� Council to present the University's proposed River Campus Project. f� �� ;' Mr. Art Wallhausen, Special Assistant to the President, and Jason Lane, intern, presented the I ;� program to the Council. The vision of the project is to develop a School for Visual and '; ;i Performing Arts at the site of the old St. Vincent's Seminary. The school will contain the �i departments of art, music, theater, and dance. The benefits of the project include: (1) ` �� economic development, (2) tourism, (3) cultural benefits, (4) downtown redevelopment, (5) ;; �; i�� historic preservation, (6) larger university with more students, and (7) quality of life. The cost ;� of the project is $35.6 million, and there would be an advisory board appointed jointly by the �� university and city to recommend usage of the facilities. The University Foundation would raise ',t �� $7.8 million, a bond issue to be paid from the hotel/moteUrestaurant tax would produce $10 ;� �; million, and the University will be asking for a state appropriation of $17.8 million. The I,� '�' University's financial proposal includes increasing the hotel/motel tax from three to six percent �; �; and extending it until 2024, extending the restaurant tax until 2024, and allowing the property ; � tax to sunset in 2004. The proposal would fund the Convention and Visitors Bureau at ',; i� $350,000 per year. The proposal assumes no increase in revenues from the hotel/moteU �'i � �! restaurant tax. Any increased revenues could be used for other projects. �; '� Dr. Ken Dobbins explained that the capital costs for the project would be shared with the city, jj state, and university. The university would assume the responsibility for the annual operation, ' j; maintenance, and repair. The proposed changes to the hotel/motel tax would take effect January 1, 1999. The bonds issued would be general obligation bonds. The ordinance ;j proposed will require that the state provide $10 million in matching funds before bonds can be " issued and before the local funds can be used on the project. If the state does not match the ' funds by December, 2001, the ordinance will be repealed, and the money collected will be used i; i� to pay down the Show Me Center and park project bonds. In addition, the property tax levy ;; sunset could be changed from 2004 to 2002. j� �j Mr. Don Dickerson, Chairman of the Board of Regents, appeared in support of the River 1� Campus Project. He stated that in order to ask the Governor for an appropriation, the � University needs to show its willingness to put up part of the money for the project. This �� project is a chance to complete a real development on the river. � i ;', i � i� Proceedings of the City Council, City of Cape Girardeau, Mo. 48 Regular Session Au�ust 3 19 _2$_ ----- ----- - --- _._------- — ---_—_ ---.____�__..._ __ . Sz� — ---- --- -------------- — — _--------__ -.. -----,�--------- � i" Mr. Mike Ballou appeared in opposition to the proposal. He questioned why the citizens �i should be obligated to $10 million when the University is only committing $7.8 million. �; Citizens will be paying for this building twice by paying state taxes and paying the restaurant '� tax in the city. In addition, he stated the University should get signatures on an initiative petition to place this issue on the ballot. Regarding the temporary stop sign at Themis and Louisiana, he questioned whether this would be made permanent after the construction. ' i; �,� Mr. Gateley responded that he supports both the University and the citizens of Cape Girardeau. The Council has not yet made a decision on this matter. If the issue is placed on the ballot, the citizens will have the opportunity to vote on it at that time. Mr. Pete Poe appeared on behalf of Drury Inns. He explained that a three percent increase in the hotel tax will bring the total room tax to 13 percent, which is the third highest in the state. With 15 new hotels in the geographic area, travelers are becoming very rate conscious. He '' stated that he is willing to work with the university and city to get a viable alternative that is mutually agreeable. Mayor Spradling suggested that the university, the city, and the hotel owners engage in discussions before the next City Council meeting, and proposed changes to the issue can be made at that time. Mr. Gateley made a motion, seconded by Mr. Purcell, directing city staff to place two ordinances on the August 17 City Council agenda for emergency reading. One ordinance would call an election on the hotel/motel/restaurant tax, and the other would call an election regarding the issuance of general obligation bonds for the River Campus project. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Mr. Purcell made a motion, seconded by Mr. Eggimann, directing staff to set public meetings with the university, the hotel industry, the city, and the public to make sure that all are informed on this matter, contingent on approval of the ordinances calling the election. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, ; Purcell, Spradling, Stoffregen. Nays, none. This being the date set for a public hearing regarding the request of Jerry and Sandy McLane and D & G Properties, Inc. for a special use permit for a drive in restaurant at the southwest corner of William Street and South Broadview Street in a C-2, general commercial district, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the property tax rates proposed to be set by the City of Cape Girardeau for the fiscal year beginning July l, 1998, and the real property tax rate proposed to be set for the Special Business District No. 2 for the fiscal year beginning July 1, 1998, the hearing was opened. There being no appearances, the hearing was closed. ii Mr. Keith Deimund appeared and requested emergency reading on BILL NO. 98-149. BILL NO. 98-149 was given first reading as follows: AN ORDINANCE ACCEPTING A WATER LINE EASEMENT FROM THE G. KEITH I' DEIMUND TRUST, TO SERVE BEAVERCREEK ESTATES SUBDNISION Proceedings of the City Council, City of Cape Girardeau, Mo. 49 Regular Session August 3 19 98 --------- ---------------- -�--__-,---------------_._._-----_--__.____._____ MA'L!1 _ ��""_'_�'.'._-'___-'_'-_..__'_.'"__'_"'-_'-_'___'"_"__._._."_-_'_________'�.___.____".._-'-_'_-,_'__ �� � � Mr. Gateley made a motion, seconded by Mr. Stoffregen, to approve the first reading of BILL � �, NO. 98-149. Mr. Eggimann made an amending motion, seconded by Mr. Gateley, to declare ;� ;� BILL NO. 98-149 an emergency measure and to give it three readings. The amending motion �i !� was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, I� I Spradling, Stoffregen. Nays, none. Following second and third readings, the readings were ;� �i approved and the ordinance adopted upon Mr. Stoffregen's motion, Mr. Gateley's second, and �! !� the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, '; �( Stoffregen. Nays, none. BILL NO. 98-149 is ORDINANCE NO. 2388. �� ! %i The street, sanitary sewer, stormwater and water improvements for Beavercreek Estates were �� accepted, and the release of escrow covering these improvements was authorized upon Dr. j �� Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, ;; ,; �� Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. '� I� ;; ' Mr. Don Howard appeared and presented a video and petition to the Council regarding the ; ;� nuisance problems on the south side of the city. He stated he is not getting a response from the I �� Police Department and the City Council is brushing him off. He requested solutions to the `' problems and that more police officers be hired to cover these matters. ;� ;� " �� Mr. Byron Bohnert and Ms. Leola Twiggs appeared regarding nuisance problems in the 200 i: �! block of South Middle. They questioned what could be done to clean up the area, whether the , city has a curfew, whether the city enforces the littering law, could better lighting in installed, ;; could no littering signs be posted, and could trash cans be placed on the corners. Many �': businesses in the area are moving out possibly because of all the kids walking the streets. In !; I; addition, the street light at the corner of Middle and William is very dim. �� i� ;; i; Mr. Neumeyer replied that there are laws to protect renters and maintenance of property to ;� ;j protect the neighborhoods. Mr. Stoffregen stated that on Ranney and Jefferson there are many !f ;� alcohol bottles that are thrown on the properties. Police Chief Rick Hetzel explained that � Ij �� ; approximately one year ago the streets in this area were cleaned up; however, it has gotten �; '' worse since that time. The Police Department would like to meet with the residents in the area ;; !; and discuss the problems and possible solutions. ;i � !i ij ;I !i Mr. George Craig appeared regarding the hotel/motel/restaurant tax. He stated that he is not , allowed to use the gym at the Show Me Center because he is not a Southeast student. Mayor j� Spradling responded that the University Center is owned by the University, and they can ;� charge a fee to the patrons. Mr. Craig continued that the stop sign near Franklin School should �i be made permanent. � � Regarding the stop sign at Franklin School, Mr. Purcell explained that reports from the Police 'I Department do not warrant that a sign is needed; however, he is continuing to work on this. i '':; Mr. Felix Kinsley appeared and thanked the Council for the way they handled all the issues at ! this meeting. He stated he would like to have the opportunity to vote on the ,� ; i� hotel/motel/restaurant tax issue. �s ;� ' The following bills were given second and third readings. ;j '� `i Ii i{ ;i i� i'� �, Proceedings of the City Council, City of Cape Girardeau, Mo. so Re�ular Session August 3 19 98 Sz� ------ -_----—-- --__. �____--------- — -------- - ___-----.___ .._ ------��--------- �� BILL NO. 98-132 AN ORDINANCE DECLARING IT NECESSARY TO MAKE CERTAIN SEWER IMPROVEMENTS IN LATERAL SEWER �' DISTRICT NO. 14-1-C-2 BILL NO. 98-133 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM BRENDA KAY CONSTRUCTION INC., PRODUCTS ENGINEERING COMPANY, WILLIAM E. WALKER, III, AND TRUMAN J. LEMONS AND RUBY A. LEMONS, FOR THE SANITARY SEWER IMPROVEMENT PROGRAM PHASE II LIFT STATIONS AND FORCE MAINS � BILL NO. 98-136 AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE �, THAT PART OF HOPPER ROAD FROM KAGE ROAD WEST, FOR A DISTANCE OF APPROXIMATELY 339 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 98-137 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-M-2, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-M, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 98-138 AN ORDINANCE DECLARING IT NECESSARY TO MAKE CERTAIN SEWER IMPROVEMENTS IN LATERAL SEWER DISTRICT NO. 14-M-2 AND CERTAIN LOTS IN LATERAL SEWER DISTRICT NO. 14-R-1 BILL NO. 98-144 AN ORDINANCE APPROVING THE RECORD PLAT OF McLANE ;' OUTLOT NO. 1 SUBDNISION The second and third readings of BILL NOS. 98-132, 98-133, 98-136, 98-137, 98-138 and 98- 144 were approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Neumeyer's second and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-132 is ORDINANCE NO. 2389; BILL NO. 98-133 is ORDINANCE NO. 2390; BILL NO. 98-136 is ORDINANCE NO. 2391; BILL NO. 98-137 is ORDINANCE NO. 2392; BILL NO. 98-138 is ORDINANCE NO. 2393; BILL NO. 98-144 is ORDINANCE NO. 2394. BILL NO. 98-146 was given first reading as follows: AN ORDINANCE REPEALING SECTIONS 2-77 TO 2-79 AND READOPTING SECTIONS � 2-76 TO 2-83 OF THE CITY CODE RELATING TO CONFLICTS OF INTEREST The first reading of BILL NO. 98-146 was approved upon Mr. Purcell's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-147 was given first reading as follows: i� 51 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI August 3, 1998 S31809 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-D-6, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1-D "The first reading of BILL NO. 98-147 was approved upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-148 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT EASEMENTS FROM COMMERCE BANK, N.A., AND LEXINGTON PLACE, L.L.C., FOR SANITARY SEWERS TO SERVE COMMERCE BANK AND SURROUNDING AREAS The first reading of BILL NO. 98-148 was approved upon Dr. Kasten's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The sanitary sewer extension to serve Commerce Bank, located on the northwest corner of the intersection of Lexington Avenue and Route W, was accepted into the city's system upon Dr. Kasten's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-150 was given first reading as follows: AN ORDINANCE AUTHORIZiNG THE ISSUANCE OF SPECIAL TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU The first reading of BILL NO. 98-150 was approved upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-I51 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JERRY McLANE AND SANDY McLANE AND D & G PROPERTIES, INC., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A DRNE-IN RESTAURANT AT THE SOUTHWEST CORIVER OF WILLIAM STREET AND SOUTH BROADVIEW STREET, W THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Stoffregen made a motion, seconded by Mr. Purcell to approve the first reading of BILL NO. 98-151. Mr. Gateley made an amending motion, seconded by Mr. Purcell to declare BILL NO 98- I51 an emergency measure and to give all three readings. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Following second and third readings, Mr. Purcell made a motion, seconded by Mr. Stoffregen to approve the readings and adopt the ordinance. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-151 is ORDINANCE NO. 2395. 52 Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular S@SSIOCI August 3, 1998 S31809 IBILL NO. 98-152 was given first reading as follows: AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; LIBRARY FUND TAX; PUBLIC HEALTH TAX; DEBT SERVICE FUND TAX; SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON �; THE 30TH DAY OF JUNE, 1999 The first reading of BILL NO. 98-152 was approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-155 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER CHAPTER 53 (531 I) OF TITLE 49, UNITED STATES CODE Dr. Kasten made a motion, seconded by Mr. Neumeyer, to approve the first reading of BILL NO. 98-155. Mr. Eggimann made an amending motion, seconded by Mr. Purcell, to declare BILL NO. 98-I55 an emergency measure and to give all three readings. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Following second and third readings, Mr. Gateley made a motion, seconded by Mr. Neumeyer, to approve the readings and adopt the ordinance. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-155 is ORDINANCE NO. 2396. B[LL NO. 98-154 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ! MEMORANDUM OF UNDERSTANDING CONCERNING 49 UNITED STATES CODE I SECTION 5311 TRANSIT FUNDING ALLOCATION WITH SOUTHEAST MISSOURI STATE UNIVERSITY The reading of BILL NO. 98-154 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. BIL,L NO. 98-154 is RESOLUTION NO. 1391 ; An original package liquor and Sunday sales license for FFP Operating Partners L.P., d/b/a Kwik Pantry #849, 10 S. West End Blvd, Bonnie L. Tennis, Managing Officer, was conditionally approved upon Dr. Kasten's motion, Mr. Purcell's second, and the following vote: Ayes, � Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. � � An out-of-district sewer connection was granted to Rev. David Griesemer, Pastor of First General Baptist Church, 1812 Cape La Croix Road, in Sewer District 14-1-D-6, upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. � � .! Proceedings of the City Council, City of Cape Girardeau, Mo. s3 Regular Session August 3 19 _2$_ �__----- -__.�.___. _ . _ __.. — ---- --- __ ___ __ ___ __ _ _- -____.__ ----- ------ ______.__�_---___ --- ----- –.__ _____ _ _._ ,___-- __--- � __ _ ___-- - ------- ---- i �' The sanitary sewer improvements to serve a portion of Sewer District 14-2-A, Six Thirty � j Industrial Park, were accepted upon Mr. Gateley's motion, Mr. Purcell's second, and the I. ;� following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. �� �:i �; Nays, none. ;k ;i ij �!j i� The resolution regarding Transportation Trust Fund Projects which was attached to Council ;I �i Letter No. 225 was presented to the Council as follows: !; i '; j I A RESOLUTION READOPTING AND AMENDING THE FIVE-YEAR '? �� TRANSPORTATION IMPROVEMENT PROGRAM FOR THE CITY OF CAPE �!; � GIRARDEAU, MISSOURI � '� ;; ;i � j' After discussion, Mr. Eggimann made a motion, seconded by Mr. Purcell, to approve the '' ;i � reading and to adopt the Resolution amending the five-year transportation improvement i; `� program priorities for the City of Cape Girardeau to include Article 2 which states, "Any of ;; � these projects may be initiated at the time property acquisition for that project has been ;; �� completed." The motion was approved upon the following vote: Ayes, Eggimann, Gateley, '� ;I Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. That resolution is BILL NO. !j 98-156 and is RESOLUTION NO. 1392 ; i� '� There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr. �! Purcell's second, and the following vote: A es, Eggimann, Gateley, Kasten, Neumeyer, '� �� Purcell, Spradling, Stoffregen. Nays, none. �'� ;I ;; ;� �; ;, . �� i! A. M. Spra ing III, Mayor �� ,, j� '� �' � ;1 ;� � " '�� ayle . Conrad, Deputy City Clerk ' ii j� ;; :� i; ;� i( i �� i` I: ii �!i li 7: k� , 1 ij i� II �f 1� i I! I� �I