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Home My WebLink AboutCouncil.Minutes.09-08-1998 Proceedings of the City Council, City of Cape Girardeau, Mo. 63 Re�ular Session September 8 1 g 98 ----- ------ -----_____---- - _._.. ---__ - --- -- ----------_.._ _-- -__- -- .. __._ __ _. C�A'�d0 .-__....'_�". '_--�__'�._ —'_._ `—__'.'___.'_'_�.__.__..' '_.' _._.__...._... _�."_._ _..___...___._____.._"___"'_ '_..._._..._ .,......._"' _.""'...._. _._..__.,.. .._...._'.. ___""___'.__..�._ —__'_.��_�_._._ �I i !� REGULAR SESSION - SEPTEMBER 8, 1998 '::� 9i i i� Council convened in regular session on Tuesday, September 8, 1998, at 7:30 p.m. with Mayor �' '� Albert M. Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, iMelvin Kasten, Tom Neumeyer, Jay Purcell and Frank Stoffregen present. o j� ;I ii The invocation was presented by Mr. Gateley, and the Pledge of Allegiance was recited. ,'` , ,, �j The minutes of the August 17, 1998, regular session were approved upon Dr. Kasten's motion, ! �+ Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, I Purcell, Spradling, Stoffregen. Nays, none. ' i j The agenda was adopted as distributed upon Mr. Gateley's motion, Mr. Neumeyer's second, �. and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, ,; : Stoffregen. Nays, none. !� �' Kathy Swan, Nancy Jernigan and Julia Jorgensen of the Vision 2000 Community Relations !,; Council presented to the City Council the City flag designed by James Parker and the '' children's City flag designed by Samantha Roussel. The flags are available for the public at the ;i I� Convention and Visitors Bureau or by contacting Mr. Gateley. ,� ;i '' This being the date set for a public hearing to consider vacating the city's interest in a 10' � utility easement running between lots 3 and 4, Block 3, Cape Meadows Subdivision, the ':i :� hearing was opened. There being no appearances, the hearing was closed. '� i i� ;; This being the date set for a public hearing regarding the request of Charles L. and Judith A. i j Hutson to rezone 238 South Spanish Street from M-1, light industrial district, to R-4, multiple ',t !i family residential district, the hearing was opened. Mr. Charles Hutson appeared in support of I i ;; the request. There being no further appearances, the hearing was closed. I i '; i ;; BILL NO. 98-169 was give first reading as follows: i� � AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE �� CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PART OF ,; '' 238 SOUTH SPANISH STREET, CITY AND COUNTY OF CAPE GIRARDEAU, �' MISSOURI FROM M-1 TO R-4 ,� �� i� The first reading of BILL NO. 98-169 was approved upon Mr. Neumeyer's motion, Mr. '' Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. Spradling abstained for financial reasons. This being the date set for a public hearing regarding the request of Ruth A. and Earl H. Norman and the North Congregation of Jehovah's Witnesses for a special use permit for a ' church at the northeast corner of Lexington Avenue and Steven Drive in an R-1, single family �� residential district, the hearing was opened. a; �� Mr. Earl Norman appeared on behalf of the church in support of the request. He indicated the �j lighting of the parking lot had been adjusted because of concerns presented at the Planning and �i Zoning Commission meeting. He requested emergency reading of the ordinance approving the �i � �; �j� Proceedings of the City Council, City of Cape Girardeau, Mo. 64 Re�ular Session September 8 19 98 — -- ----- ---- — -- —__ ---------___-_ --------------- �� ------ ------- — ------------------ --_ ----- --------- _ -------__------ �: �: �: ;; special use permit because their present church is being demolished for the Mt. Auburn Road I.; extension. ; Mr. Eggimann read Section 3.15 of the City Charter relating to what constitutes an emergency measure. He indicated that the Council has not been properly following this regulation, and he will oppose three readings of this ordinance. Mr. Peter Robin, 2008 Steven, appeared and stated he owns property adjacent to the proposed ' church that he is trying to sell. He stated that a prospective buyer would not be interested in ' this home with a large parking lot next to it. He requested the Council suspend approving this special use permit until he sells his home or until the end of the fiscal year. Mr. Keith Hardesty appeared and stated he lives in the Lakeshore area. He expressed concerns �� with the traffic that will increase on Steven with the new church, he stated he thought the area was a buffer area owned by the city and did not know it was for sale, and he questioned whether the city did an impact study on the effect this church will have on the residential area. In addition, he questioned whether people that attend this church live in the immediate area, whether the church had plans to expand by adding office space, and questioned where the entrances to the parking lot would be. Mayor Spradling responded that there are several churches on Lexington Avenue that are in residential areas, and the city has not completed an impact study. The maximum congregation will be 150 people, and this will not create a significant amount of traffic. He continued that there will be one entrance to the parking lot on Steven Drive and one on Lexington Avenue. Mr. Bo Shantz appeared and stated he is an adjacent property owner. He stated that due to the increased growth, this area is not attractive property for a house, and this special use permit is a good use for the property. In addition, concerns with traffic in this area have come up before, and it will be difficult for anything other than a business or church to be placed on this street. Mr. Jess Hopple, 2029 Steven, appeared and stated the church will be an enhancement to this area. He continued that the speed limit on Steven should be posted and enforced by the Police Department. Mr. Burl Reynolds, 2038 Steven, appeared and expressed concerns with the speed of traffic on Steven Drive. With the entrance to the parking lot on Steven Drive near the intersection with Lexington, there will be a traffic problem. He requested the Council address the traffic issues before this issue is decided upon. Mr. John Janssen appeared and expressed concerns with the traffic. He prefers the area to remain a natural area. In addition, other churches on Lexington Avenue only have an entrance on Lexington. This church has an entrance off of Steven. Mr. Earl 1Vorman appeared and explained that the church will not be using all of this property. In the future they intend to create a minor subdivision and sell a portion of the property. Regarding the entrance on Steven, there is no other place to put an entrance because of the detention basin in the area. The church does not intend to add on any office buildings to the proposed structure. Proceedings of the City Council, City of Cape Girardeau, Mo. 6s Regular Session September 8 1 g 98 S23787 There being no appearances, the hearing was closed. BILL NO. 98-176 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RUTH A. NORMAN, TRUSTEE, AND EARL H. NORMAN, TRUSTEE, AND THE NORTH CONGREGATION OF JEHOVAH'S WITNESSES, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CHURCH AT THE NORTHEAST CORNER OF LEXINGTON AVENUE AND STEVEN DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 98-176 was approved upon Mr. Gateley's motion, Mr. � Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, I Purcell, Spradling, Stoffregen. Nays, none. Mr. Andrew Ostrowski appeared and requested the Police Department enforce the speed limit at the intersection of Sprigg and Bellevue. Mr. Eggimann stated that there is a need for stronger enforcement of nuisance violations. By � the next meeting, he will have an idea of how to develop a task force to work on this issue and to assign responsibility on enforcement. I Mr. Purcell stated that he met with residents regarding dust problems in construction areas. � The city is working on this issue and may consider makmg this a part of the negotiation process with contractors. The following bills were given second and third readings. BILL NO. 98-134 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-G1, A SUBDIVISION OF TRUNK SEWERS DISTRICT NO. 14-1-B AND 14-1-C, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SANITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14-1-C-1, UNDER A PRIVATE CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 98-157 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE HOPPER ROAD PHASE II PROJECT � BILL NO. 98-159 AN ORDINANCE DECLARING IT I�TECESSARY TO MAKE I CERTAIN SEWER IMPROVEMENTS IN LATERAL SEWER DISTRICT NO. 14-1-F-10, ALONG EVERGREEN DRIVE BILL NO. 98-160 AN ORDINANCE ACCEPTING EASEMENTS FROM KENNETH M. OBERLOHR AND MARY C. OBERLOHR, FOR SANITARY SEWERS TO SERVE CERTAIN PROPERTIES ALONG PERRYVILLE ROAD AND EVERGREEN DRIVE I Proceedings of the City Council, City of Cape Girardeau, Mo. 66 Regular Session September 8 1 g 98 523787 BILL NO. 98-161 AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF MISSOURI STREET FROM MISSISSIPPI STREET TO SCOTT STREET, FOR A DISTANCE OF APPROXIMATELY 405 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 98-164 AN ORDINANCE APPROVING THE RECORD PLAT OF ASPEN PARK TOWNHOUSES PHASE II SUBDNISION 'fhe second and third readings of BILL NOS. 98-134, 98-157, 98-159, 98-160, 98-161 and 98- 164 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. 98-134 is ORDINANCE NO. 2405; BILL NO. 98-157 is ORDINANCE NO. 2406; BILL NO. 98-159 is ORDINANCE NO. 2407; BILL NO. 98-160 is ORDINANCE NO. 2408; BILL NO. 98-161 is ORDINANCE NO. 2409; BILL NO. 98-164 is ORDINANCE NO. 2410. BILL NO. 98-167 was given first reading as follows: I AN ORDINANCE VACATING THE CITY'S INTEREST IN A UTILITY EASEMENT IN CAPE MEADOWS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI � The first reading of BILL NO. 98-167 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. BILL NO. 98-170 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. 98-170 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-171 was given first reading as follows: AN ORDINANCE ACCEPTING DEEDS FROM VARIOUS PROPERTY OWNERS FOR THE HOPPER ROAD BRIDGE PROJECT � � The first reading of BILL NO. 98-171 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. 98-172 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, REPEALING AND ESTABLISHING SPEED LIMITS ON KINGSHIGHWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. 6� Regular SeSsion September 8 19 98 523787 The first reading of BILL NO. 98-172 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. j I BILL NO. 98-174 was given first reading as follows: � AN ORDINANCE APPROVING THE RECORD PLAT OF MELROSE PLACE III SUBDIVISION Dr. Kasten made a motion, seconded by Mr. Neumeyer, to approve the first reading of BILL NO. 98-174. Mr. Neumeyer made an amending motion, seconded by Mr. Gateley, to approve � the plat subject to the developer changing the name of the street "Cool Guy Way." The � amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. Spradling abstained for financial reasons. BILL NO. 98-175 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW �f AGREEMENT WITH RENDRAG DEVELOPMENT CORPORATION AND UNION PLANTERS BANK, N.A., FOR MELROSE PLACE III SUBDIVISION The reading of BILL NO. 98-175 was approved and the resolution adopted 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. 98-175 is RESOLUTION ( NO. 1396. I BILL NO. 98-177 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF WYANDOTTE ACRES � SUBDIVISION The first reading of BILL NO. 98-177 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-168 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ROBINSON MECHANICAL CONTRACTORS, INC., FOR THE STATE REVOLVING FUND PHASE II SEWER IMPROVEMENTS The reading of BILL NO. 98-168 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. BILL NO. 98-168 is RESOLUTION NO. 1397. i 1 Proceedings of the City Council, City of Cape Girardeau, Mo. 6s Regular Session September 8 1 g 98 523787 BILL NO. 98-173 was presented as follows: i A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE � AND INDEMNITY AGREEMENT WITH WARREN KOEHLER AND DARLA KOEHLER TO PLACE CERTAIN IMPROVEMENTS ON AN UNOPENED ALLEY BEHIND 1015 i NORTH SPANISH STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 98-173 was approved and the resolution adopted upon Mr. Stoffregen's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. BILL NO. 98-173 is RESOLUTION NO. 1398. i BILL NO. 98-178 was presented as follows: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT WITH THE MISSOURI STATE EMERGENCY MANAGEMENT AGENCY FOR A HAZARD RISK MITIGATION PLAN j The reading of BILL NO. 98-178 was approved and the resolution adopted upon Mr. Gateley's �� motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. BILL NO. 98-178 is RESOLUTION NO. 1399. IMr. Michael F. Keefe was appointed to the Parks and Recreation Advisory Board for a term � expiring October 29, 1999, upon Mr. Gateley's motion, Mr. Eggimann's second, and the I following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Dr. Peter Hirschburg was appointed to the Cable Television Advisory Committee for a term expiring February 20, 2001, upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. � Mr. Stoffregen made a motion, seconded by Mr. Neumeyer, to conditionally approve a � temporary 5% beer by the drink license for Fred Higdon, d/b/a SEMO District Fair Association, for an event to be held in Arena Park from September 14-19, 1998, with four locations as follows: the southwest corner, northwest corner, south and north of the Arena Building. 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. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. � A. . Spradling III, Mayor � � �, ( Gay e L onrad, Deputy City Clerk � I