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HomeMy WebLinkAboutCouncil.Minutes.08-17-1998 Proceedings of the City Council, City of Cape Girardeau, Mo. s� Regular SessiOn Au�ust 17 1 g 98 ----_----__..___________T __ .__..._ ._ __ ___ _._ --- -._..._ _--_ ----- __. ------ --- _—__ _�_�____ ___ �_�._.___ __ . _-- ______ _.�__.__ ---- -- -_-- ----_ ___ --__._ __.-------___-___.-------- �� REGULAR SESSION - AUGUST 17, 1998 I� i� � Council convened in regular session on Monday, August 17, 1998, at 7:30 p.m. with Mayor i i i j Albert M. S pradlin g III presidin g and Council Members Richard E g gimann, Melvin Gatele y, � �� Melvin Kasten, Tom Neumeyer, Jay Purcell and Frank Stoffregen present. i I� �! �� The invocation was presented by Mr. Eggimann, and the Pledge of Allegiance was recited. ;! �i i; ; i, ;! The minutes of the August 3, 1998, regular and executive sessions were approved upon Mr. ;,� �� Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, '�� '' Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. `' Ij !; li �i The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Gateley's second, and �! �� the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, ;; (� Stoffregen. Nays, none. j; � ;� ; � This being the date set for a public hearing regarding the necessity to improve that part of ;I Hopper Road from Kage Road west, for a distance of approximately 339 feet, the hearing was �! opened. There being no appearances, the hearing was closed. ;� il !� ;; Mr. Dave Dormeyer appeared in support of BILL NO. 98-164 and requested emergency (j reading of the ordinance. �; �j BILL NO. 98-164 was given first reading as follows: ';{ i: ;j AN ORDINANCE APPROVING THE RECORD PLAT OF ASPEN PARK TOWNHOUSES ;'; PHASE II SUBDIVISION ;; ;; ;,i �� �( The first reading of BILL NO. 98-164 was approved upon Mr. Gateley's motion, Mr. �� ;; Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, �; !; Purcell, Spradling, Stoffregen. Nays, none. "; �� ;� Mr. Dillard Dale appeared in support of BILL NO. 98-163 and requested emergency reading of `:,; the ordinance. Upon questioning by Mr. Gateley, Mr. Dale stated that if this ordinance is not ;� approved, he will lose his contractor for the home to be constructed on the new lot. i':, BILL NO. 98-163 was given first reading as follows: �� ;; !� AN ORDINANCE APPROVING THE RECORD PLAT OF DALEWOOD SUBDIVISION i: � ,: Mr. Eggimann made a motion, seconded by Dr. Kasten, to approve the first reading of BILL !i NO. 98-163. Mr. Gateley made an amending motion, seconded by Mr. Eggimann, to declare BILL NO. 98-163 an emergency measure and to give it three readings. The amending motion �' �' was a roved u on the followin vote: A es, E imann Gatele Kasten, Neume er, Purcell ;; PP P g Y gg� , Y> Y � ;i �� Spradling, Stoffregen. Nays, none. Following second and third readings, the readings of �i `! BILL NO. 98-163 were approved and the ordinance adopted upon Mr. Stoffregen's motion, ;� Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, �' Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-163 is ORDINANCE NO. 2397. �I s; ;� ;;� I` '� �i Proceedings of the City Council, City of Cape Girardeau, Mo. ss Regular Session August 17 19 98 ---- _. ----- ------------- --- ---------- - __-- ------�-- -- -------- --- -----------_______ Mr. Fred Hoelscher appeared in opposition to BILL NOs. 98-165 and 98-166. He expressed concerns with using hotel/motel/restaurant tax money to build a University project. There are !� many projects in town to spend this tax money on, such as the Glenn House, Reynolds House, River Heritage Museum, and the Civil War forts. If the city wants to compete with Ste. Genevieve and Kimmswick, the city needs to make sure the historic sites are open seven days a week. He requested the Council reconsider giving these ordinances three readings, and to use ;; additional time to obtain input from other hotel owners and to explore other projects. Mr. Howard Tooke appeared regarding improvements to Bloomfield Road. Between Silver Springs and Mount Auburn there are ten houses on the south side and one on the north side of Bloomfield. The construction plans show the sidewalk to be on the north side of the street. He requested the council consider putting the sidewalk on the south side of the street. In addition , ' he received a letter from the city that stated unless all property owners from Kingshighway to ;; �! the Interstate donate right-of-way for the street, there will be assessments for the pavement and the right-of-way acquisition costs. He stated it was his understanding when he voted on the transportation trust fund tax that if he donated his right-of-way, he would not have to pay any assessment cost. Mayor Spradling requested the staff look into Mr. Tooke's requests. City Manager Michael Miller stated that on BILL NO. 98-165, the bond figure should be $89 million instead of$9.2 million. ' The following bills were given second and third readings. BILL NO. 98-146 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 BILL NO. 98-147 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-D-6, A SUBDNISION OF TRUNK SEWER DISTRICT NO. 14-1-D BILL NO. 98-148 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 BILL NO. 98-150 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 BILL NO. 98-152 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 second and third readings of BILL NOS. 98-146, 98-147, 98-148, 98-150 and 98-152 were approved and the ordinances adopted upon Dr. Kasten's motion, Mr. Gateley's second and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Proceedings of the City Council, City of Cape Girardeau, Mo. s9 Re�ular SesSiOn Au�ust 17 1 g 98 ____ --- _____ _ ._--- - ___ . ____ _____ __._ ____ _____ _. .----._.____ __-- ____ �_.-- -- ---sia�o- ---- ___._— ---__.. _ __._______ __- - __.__ --__--.._....___----------.---- 1 I � I Nays, none. BILL NO. 98-146 is ORDINANCE NO. 2398; BILL NO. 98-147 is , �� ORDINANCE NO. 2399; BILL NO. 98-148 is ORDINANCE NO. 2400; BILL NO. 98-150 is �i �i ORDINANCE NO. 2401; BILL NO. 98-152 is ORDINANCE NO. 2402. f� i BILL NO. 98-134 was iven first readin as foll w • '� � g • s. , i j; I AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT �� �� NO. 14-1-C-1, A SUBDNISION OF TRUNK SEWERS DISTRICT NO. 14-1-B AND 14-1-C, ';'; �� APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM ; i i OF SANITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14-1-C-1, ;,� �I UNDER A PRIVATE CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY I � OF CAPE GIRARDEAU, MISSOURI ' i� �; The first reading of BILL NO. 98-134 was approved upon Mr. Eggimann's motion, Mr. ',� � Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, !I �� Purcell, Spradling, Stoffregen. Nays, none. !i ;� ;! BILL NO. 98-157 was given first reading as follows: ;, 'I l ;: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE !� HOPPER ROAD PHASE II PROJECT ,f �' The first reading of BILL NO. 98-157 was approved upon Mr. Gateley's motion, Mr. ' �i i; Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, i� Purcell, Spradling, Stoffregen. Nays, none. ' I; :; ';� �� BILL NO. 98-159 was given first reading as follows: ;� �� � ;i !; AN ORDINANCE DECLARING IT NECESSARY TO MAKE CERTAIN SEWER ;j � IMPROVEMENTS IN LATERAL SEWER DISTRICT NO. 14-1-F-10, ALONG j i ;� EVERGREEN DRIVE �i '� The first reading of BILL NO. 98-159 was approved upon Mr. Purcell's motion, Dr. Kasten's '' �' second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, ;; ' Spradling, Stoffregen. Nays, none. ;; i' ;i (� BILL NO. 98-160 was given first reading as follows: �,; i� AN ORDINANCE ACCEPTING EASEMENTS FROM KENNETH M. OBERLOHR AND ;j MARY C. OBERLOHR, FOR SANITARY SEWERS TO SERVE CERTAIN PROPERTIES ALONG PERRYVILLE ROAD AND EVERGREEN DRIVE The first reading of BILL NO. 98-160 was approved upon Mr. Stoffregen's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, `' Purcell, Spradling, Stoffregen. Nays, none. I� E; BILL NO. 98-161 was given first reading as follows: '' i ii i� i� ;� I " , ;: i� Proceedings of the City Council, City of Cape Girardeau, Mo. 60 Regular Session August 17 19 �8_ _ �� , _ --_ _----- _—_______ ---��----- — -- -- ------- ---- - i� �; AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF �i MISSOURI STREET FROM MISSISSIPPI STREET TO SCOTT STREET, FOR A � DISTANCE OF APPROXIMATELY 405 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 98-161 was approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-166 was given three readings as follows: AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY CODE INCREASING AND EXTENDING THE HOTEL/MOTEL/RESTAURANT LICENSE TAX AND CALLING AN I ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF WHETHER TO APPROVE THOSE AMENDMENTS; DESIGNATING THE TIME OF , HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION Mr. Neumeyer made a motion, seconded by Mr. Gateley, to approve the first, second and third readings of BILL NO. 98-166 and to adopt the ordinance. Mr. Stoffregen made a motion, seconded by Mr. Eggimann, to table the ordinance and place the election on the April ballot to allow time for citizens to give input. The motion failed upon the following vote: Ayes, ; Stoffregen. Nays, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling. Mr. Gateley stated that under this proposal, in 2004 the ten cent property tax levy will expire, the restaurant tax will remain one percent, and the hotel tax will increase from three to four percent. There will be sufficient funds for the Convention and Visitors Bureau to promote the city, and any additional funds will be used to pay principal and interest on the bonds. Upon questioning by Mr. Neumeyer, Mayor Spradling explained the differences between the ordinance proposed at the previous council meeting and the ordinance that was presented at this meeting. There will be an escrow account set up for these funds, and any funds in excess of the amounts needed for debt service and for the operations of the Convention and Visitors Bureau will go into this fund and be used to retire the debt. The University will share 50/50 in the costs for the project not funded by the state. Mr. Stoffregen stated he is not opposed to the project but would prefer the election to be in April. He is opposed to extending the tax for 30 years, and the university should look into ' alternative financing. Mr. Eggimann stated that a group of hotel owners sent a letter indicating they approve of the one percent increase in the hotel tax. In addition, he stated that he is opposed to emergency reading on a $9 million project. Mr. Purcell expressed his support of the River Campus Project He reminded the Council that at the last City Council meeting, he made a motion, which was approved, committing the university and the city to set public meetings to inform the public about this project. ';; Following discussion, the original motion to approve BILL NO. 98-166 and to adopt the ordinance was approved upon the following roll call vote: Eggimann, aye; Gateley, aye; Proceedings of the City Council, City of Cape Girardeau, Mo. 61 Re�ular Session Au�ust 17 1 g 98 �_._.._�__ _.� S9A'!a!1 _��.�_.�.—�—_. .—_—__—.�.."_—_._.'___�_—_._'.,__._.____—"_'__..- _.____�.. ._ '' __ --_ _ ' _ — "___'_—___'—___ � .._w—'_'___ _— _ fl � Kasten, aye; Neumeyer, aye; Purcell, aye; Spradling, aye; Stoffregen, nay. BILL NO. 98-166 ;� a, is ORDINANCE NO. 2403 i; ;i �� !� BILL NO. 98-165 was given first, second and third readings as follows: ;'; �i �i ;' AN ORDINANCE CALLING A BOND ELECTION IN THE CITY OF CAPE GIRAREAU, 'j �i MISSOURI i� �� Mr. Gateley made a motion, seconded by Mr. Neumeyer, to approve the first, second and third !; j� readings of BILL NO. 98-165 and adopt the ordinance. Mr. Eggimann made a motion, � seconded by Mr. Purcell, to amend the ordinance by changing the bond amount in the j; i� ordinance from $9.2 million to $8.9 million. The amending motion was approved upon the ' i� following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. '' I� Nays, none. The original motion was approved as amended upon the following vote: Ayes, ';i �� Eggimann, Gatele Kasten Neume er Purcell S radlin Stoffre en. Na s none. BILL Y, , Y , , p g, g Y , j NO. 98-165 is ORDINANCE NO. 2404. i' �� i� BILL NO. 98-153 was presented as follows: � ;l �i A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ,�� '! PROFESSIONAL SERVICES CONTRACT WITH CRAWFORD, MURPHY & TILLY, INC. '' '; ;; ;; FOR DEVELOPMENT OF THE CAPE GIRARDEAU REGIONAL AIRPORT i� ;; I� The reading of BILL NO. 98-153 was approved and the resolution adopted 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. 98-153 is ;� !j RESOLUTION NO. 1393. ;� i; BILL NO. 98-158 was presented as follows: �� ;� ;i A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AUTHORIZING I� � AN APPLICATION FOR GRANT FUNDING UNDER THE HISTORIC PRESERVATION �' PROGRAM OF THE MISSOURI DEPARTMENT OF NATURAL RESOURCES '' ;; '� ', ;i ;i The reading of BILL NO. 98-158 was approved and the resolution adopted upon Mr. �' Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, ;,' Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. BILL NO. 98-158 is �; RESOLUTION NO. 1394. ,� BILL NO. 98-162 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MASTER SITE LEASE WITH THE UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION, AT THE CAPE GIRARDEAU REGIONAL AIRPORT ;� �; The reading of BILL NO. 98-162 was approved and the resolution adopted upon Mr. �` Stoffregen's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, �: �i Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. BILL NO. 98-162 is j j RESOLUTION NO. 1395. �f i� �, Proceedings of the City Council, City of Cape Girardeau, Mo. 62 Regular SessiOn August 17 19 _2� ----- - - - sse3,o -- — ------------- ---__——----__ ---— -- ��-- --- i� A retail liquor by the drink license for Craig C. Horky, d/b/a Sharky's, 15 N. Main, Craig C. �� Horky, Managing Officer, was conditionally approved upon Dr. Kasten's motion, Mr. �', PurcelPs second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. A retail liquor by the drink license for Integrity Enterprises, d/b/a In the Wine Cellar, 31 N. Main, Deborah Weatherholt, Managing Officer, was conditionally approved upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, ' Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. A 5% beer by the drink license for Brian Scott Vetter, d/b/a Dino's, 1034 Broadway, Brian Scott Vetter, 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. The improvement plans for sanitary sewers, storm sewers, streets and stormwater improvements for Randol Farms 8`� Subdivision were approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The sanitary sewers relocated along Walker Branch Phase III were accepted into the city's system, and final payment to Monroe Plumbing and Heating Co., Inc. was authorized upon Mr. Stoffregen's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The sanitary sewer extension to serve Twin Lakes Subdivision was accepted into the city's system upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Mr. Eggimann stated that the city is holding 10 percent of the contract to finalize paving, grading and seeding. Mr. Purcell stated that many emergency readings of ordinances are being requested, and the point of having three readings at two separate meetings is to receive public input. Mr. Purcell made a motion, seconded by Mr. Eggimann, directing staff to develop a plan to correct the problem of lack of notice to the public when an ordinance is receiving emergency reading. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. 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, Purcell, Spradling, Stoffregen. Nays, none. . A. M. Spradling III, Mayor '� n � r ������ Gayle Conrad, Deputy City Clerk