HomeMy WebLinkAboutCouncil.Minutes.10-24-1994.Regular 65
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $eSSlOfI October 24 1 Q 94
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REGULAR SESSION - OCTOBER 24, 1994
Council convened in regular session on Monday, October 24, 1994, at 7:30 p.m. with
Mayor A1 Spradling III presiding and Council Members Richard Eggimann, Melvin
Gateley, Melvin Kasten, Tom Neumeyer, 7ack Rickard and JJ Williamson present.
The invocation was presented by Rev. Scott Mhoon, and the Pledge of Allegiance was
recited.
Prior to the regular session, council convened in executive session for the purpose of
discussing litigation upon Mr. Gateley's motion, Mr. Eggimann's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
The minutes from the October 10, 1994, Regular and Executive Sessions were approved
upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The agenda was adopted as distributed upon Mr. Gateley's motion, Mr. Eggimann's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard,
Spradling, Williamson. Nays, none.
This being the date set for a public hearing regarding the request of TCI Cablevision of
Missouri, Inc. for a six month extension of its franchise for operation of a cable
television system in the City of Cape Girardeau, the hearing was opened. Mr. Larry
Loos appeared in favor of granting the extension, stating that TCI is working to bring
the information superhighway to Cape Girardeau. There being no further appearances,
the hearing was closed.
BILL NO. 94-278 was given first reading as follows:
AN ORDINANCE EXTENDING THE TERM OF FRANCHISE ORDINANCE NO.
1274, PASSED DECEMBER 7, 1977, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL NO. 94-278 was approved upon Mr. Gateley's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggunann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Mr. Lessie Butler Jr. appeared and stated that the investigation regarding his previous
complaint against the Police Department was done improperly and requested a different
investigation. He stated he has additional information regarding the matter and will give
this to the Council at a later date.
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Mr. Larry Heartling appeared and requested that BILL NO. 94-287 approving the
record plat of Crites Ninth Addition be given all three readings.
BILL NO. 94-287 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF CRITES NINTH
ADDITION
Dr. Kasten made a motion, seconded by Mr. Williamson, to approve the first reading of
BILL NO. 94-287. Mr. Eggimann made an amending motion, seconded by Mr. Gateley,
that this ordinance be declared an emergency measure. The amending motion was
approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none. The original motion was approved as
amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-287 was given second and
third readings. The second and third readings of BILL NO. 94-287 were approved and
the ordinance adopted upon Dr. Kasten's motion, Mr. Williamson's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none. BILL NO. 94-287 is ORDINANCE NO. 1627.
Mr. Bob Hoppman, President of the local chapter of the Missouri Restaurant
Association, appeared and requested that the city ordinance regarding Sunday liquor sales
starting at 1:00 p.m. be amended to conform with the state law which allows Sunday
sales starting at 11:00 a.m. Mr. J. Ronald �scher, City Manager, responded that staff
will prepare a proposed ordinance with this change as well as a few other minor changes
that need to be made to the ordinance and present it to the Council at the next meeting.
Mr. Mike Kohlfeld introduced his Civics Class from Notre Dame High School, stating
they were attending the meeting for a class project.
The following bills were given second and third readings:
BILL NO. 94-258 AN ORDINANCE GRANTTNG A SPECIAL USE PERMIT TO
RICHARD L. EGGIMANN AND JOAN EGGIMANN, FOR
PURPOSES OF CONSTRUCTTNG, MAINTAIIVING AND
OPERATING DUPLEXES IN TIlVIBERLANE SUBDIVISION
AND AT 2910 KAGE ROAD, IN TI�CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
BILL NO. 94-259 AN ORDINANCE ACCEPTTNG A GENERAL WA►�tRANTY
DEED FROM WALTER R. DAVIS AND JOSEPH J. RUSSELL
FOR TI� NORTH SPRIGG STREET EXTENSION PROJECT
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BILL NO. 94-260 AN ORDINANCE ACCEPTING A GFNF_RAT. WA�ZEtANTY
DEED AND A TEMPORARY CONSTRUCTION EASEMENT
FROM RANDON DERIC GRISSOM AND LII.LIAN ELLEN
GRISSOM FOR THE CAPE LA CROIX CREEK/WALKER
BRANCH FLOOD CONTROL PROJECT
BILL NO. 94-271 AN ORDINANCE ACCEPTING A SArTITARY SEWER
EASEMENT FROM CHRISTOPHER H. JUNG AND MYRA S.
JUNG FOR A SAIVITARY SEWER LINE TO SERVE SIX
SISTERS SUBDIVISION, SEWER DISTRICT NO. 14-1-G
BILL NO. 94-263 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF
LATERAL SEWER DISTRICT NO. 14-1-F-3, A SUBDIVISION
OF TRUNK SEWER DISTRICT NO. 14-1-F, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
BILL NO. 94-264 AN ORDINANCE AMENDING THE BOUNDARIES OF
TRUNK SEWER DISTRICT NO. 14-1-F, A PART OF TRUNK
SEWER DISTRICT NO. 14-1, AS ESTABLISHED BY
ORDINANCE NO. 1209, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 94-274 AN ORDINANCE FSTABLISHING THE BOUNDARIES OF
LATERAL SEWER DISTRICT NO. 16-B, CONNECTING TO
LATERAL SEWER DISTRICT NO. 16-A, APPROVING THE
PLANS AND AUTHORIZING THE CONSTRUCTION OF A
SYSTEM OF SAIVITARY LATERAL SEWERS IN LATERAL
SEWER DIS'TRICT NO. 16-B, UNDER A PRIVATE
CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
The second and third readings of BILL NOS. 94-258, 94-259, 94-260, 94-271, 94-263,
94-264 and 94-274 were approved and the ordinances adopted upon Mr. Gateley's
motion, Mr. Williamson's second and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Eggunann abstained
on BILL NO. 94-258 for fmancial reasons. BILL NO. 94-258 is ORDINANCE NO.
1628; BILL NO. 94-259 is ORDINANCE NO. 1629; BILL NO. 94-260 is
ORDINANCE NO. 1630; BILL NO. 94-271 is ORDINANCE NO. 1631; BILL NO. 94-
263 is ORDINANCE NO. 1632; BILL NO. 94-264 is ORDINANCE NO. 1633; BILL
NO. 94-274 is ORDINANCE NO. 1634.
BILL NO. 94-279 was given first reading as follows:
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AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF Tf� CITY
CODE, ESTABLISHING LIlVIITED PARI�NNG ON RANDOL AVENUE AND
LYNNWOOD DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 94-279 was approved upon Mr. Gateley's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 94-280 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDLTLE C OF SECTION 26-121 OF THE CITY
CODE, BY PLACING STOP SIGNS ON WEST CAPE ROCK DRIVE, LEXINGTON
AVENUE AND BENTON HILL ROAD, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL NO. 94-280 was approved upon Mr. Eggimann's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 94-275 was given first, second and third readings as follows:
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A GRANT
AGREEMENT WITH THE MISSOURI DEPARTMENT OF ECONOMIC
DEVELOPMENT FOR CONSTRUCTION OF A SAI�TITARY SEWER LINE TO MID-
SOUTH STEEL PRODUCTS, INC.
The first, second and third readings of BILL NO. 94-275 were approved and the
ordinance adopted upon Dr. Kasten's motion, Mr. Eggimann's second, and the following
vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none. BILL NO. 94-275 is ORDINANCE NO. 1635.
BILL NO. 94-281 was given first reading as follows:
AN ORDINANCE NAMING NORTHCHURCH STREET AND PATRIOT DRIVE IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 94-281 was approved upon Mr. Gateley's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NOe 94-277 was given first reading as follows:
AN ORDINANCE ENLARGING THE BOUNDARIES OF LATERAL SEWER
DISTRICT NO. 14-2-A, IN TRUNK SEWER DISTRICT NO. 14-2, A SUBDIVISION
OF SEWER DISTRICT NO. 13
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The first reading of BILL NO. 94-277 was approved upon Mr. Gateley's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggunann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
, BILL NO. 94-276 was given first reading as follows:
AN ORDINANCE APPROVING THE PLAT OF DEDICATION FOR RIGHT-OF-
WAY ALONG WILSON ROAD
The first reading of BILL NO. 94-276 was approved upon Dr. Kasten's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The improvement plans for the extension of Wilson Road, including sanitary sewers,
storm sewers and streets, and the construction of sanitary sewers to serve six lots in the
B & E Industrial Park, were approved upon Dr. Kasten's motion, Mr. Gateley's second,
and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer Rickard,
Spradling, Williamson. Nays, none.
BILL NO. 94-284 was given first reading as follows:
AN ORDINANCE ACCEPTTNG AN EASEMENT FROM JERRIE LYN (REID)
GERLACH AND P. DAVID GERLACH, FOR THE EXTENSION OF ABBEY ROAD
The first reading of BILL NO. 94-284 was approved upon Dr. Kasten's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The street improvements to Abbey Road, connecting the e�sting Randol Fanns #4
Subdivision and Randol Farms #6 Subdivision with the future Randol Farms #8
Subdivision, were accepted upon Mr. Neumeyer's motion, Dr. Kasten's second, and the
following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Rickard, Spra.dling,
Williamson. Nays, none.
Reunbursement of $831.96 to David Gerlach for the additional cost of constructing the
above portion of Abbey Road as a collector street was authorized upon Dr. Kasten's
motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 94-282 was given first, second and third readings as follows:
AN ORDINANCE APPROPRIATING FUNDS FOR DEVELOPMENT SERVICES IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
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The first, second and third readings of BII.L NO. 94-282 were approved and the
ordinance adopted upon Mr. Williamson's motion, Mr. Neumeyer's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none. BILL NO. 94-282 is ORDINANCE NO. 1636.
BILL NO. 94-285 was given first reading as follows:
AN ORDINANCE ENACTTNG A NEW ARTICLE VIII OF CHAPTER 7 OF THE
CITY CODE, ADOPTING A PROPERTY MAINTENANCE CODE FOR THE CITY
OF CAPE GIRARDEAU, MISSOURI.
Mr. Neumeyer made a motion, seconded by Mr. Gateley, to approve the first reading
of BILL NO. 94-285.
Mr. Gateley made a motion, seconded by Mr. Eggimann, that Section 7-301(d) be
amended to read as follows: "... listed in Appendix A shall be considered part of this
code to the prescribed extent that each such reference shall be used for procedural
purposes only... ° After discussion, the motion was approved upon the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays,
none.
Mr. Rickard made a motion, seconded by Mr. Eggimann, that Appendix A and all
references thereto be removed from this code. After discussion, the motion was defeated
on the following vote: Ayes, Rickard. Nays, Eggimann, Gateley, Kasten, Neumeyer,
Spradling, Williamson.
Mr. Gateley made a motion, seconded by Mr. Neumeyer, that 5ection 7-301(d) be
amended by adding the following sentence to the end of the section: "Also, individuals
affected by this code shall not be required to purchase reference manuals listed in
Appendix A." After discussion, the motion was approved upon the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays,
none.
Mr. Gateley made a motion, seconded by Mr. Williamson, that Section 7-339, Article
3, be amended by changing the word "punishable" to "enforced". After discussion, the
motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Mr. Gateley made a motion, seconded by Mr. Williamson, that Section 7-302(b) be
amended by deleting the last sentence of the section and adding the following sentence:
"Where differences occur between provisions of this code and other ordinances and
regulations which prescribe standards, the provisions of this code shall apply." The
motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
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Mr. Gateley made a motion, seconded by Mr. Eggimann, that Section 7-302(e) be
amended by changing the last sentence of the section to read as follows: "All
complaints, including complainant's name and address, shall be made available by
certified mail to any person, firm or entity to whom a complaint is directed. Further,
this information shall be made available five working days before an inspection is
scheduled by the code official.° After discussion, the motion was approved upon the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
Mr. Eggunann made a motion, seconded by Mr. Gateley, that Section 7-302(d) be
amended by deleting item (d) which states: "or (d) complainant is an official of the City
of Cape Girardeau, Missouri." After discussion, the motion was approved upon the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
Mr. Gateley made a motion, seconded by Mr. Williamson, that Section 7-304(c) be
amended to read as follows: "... official is given authority by the occupant and owner
to enter the structure ..." After discussion, the motion was defeated upon the following
roll call vote: Eggimann, nay; Gateley, aye; Kasten, nay; Neumeyer, nay; Rickard, aye;
Spradling, nay; Williamson, aye.
Mr. Eggimann made a motion, seconded by Mr. Gateley, that Section 7-304(g) be
amended to read as follows: "The code official, with approval of the City Council, shall
have powers to adopt ..." After discussion, the motion was approved upon the following
vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
Mr. Rickard made a motion, seconded by Mr. Gateley, that Section 7-304(c) be amended
by requiring the code official to obtain approval of the City Council before obtaining a
search warrant. After discussion, the motion was defeated upon the following vote:
Ayes, Gateley, Rickard. Nays, Eggimann, Kasten, Neumeyer, Spradling, Williamson.
Mr. Gateley made a motion, seconded by Mr. Eggimann, that section 7-306(b) be
amended by removing from the first sentence the following: "or imprisonment for a
term not to exceed 90 days, or both,". The motion was defeated upon the following
vote: Ayes, Eggimann, Gateley. Nays, Kasten, Neumeyer, Rickard, Spradling,
Williamson.
Mr. Eggimann made a motion, seconded by Dr. Kasten, that Section 7-307(b) be
amended by requiring that at least one member of the Code Appeals Board be a rental
property owner. The motion was approved upon the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Mr. Eggimann made a motion, seconded by Mr. Gateley, that Section 7-312(k)2 be
amended by removing the words "by window hardware." The motion was approved
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upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard,
Spradling, Williamson. Nays, none.
Mr. Eggimann made a motion, seconded by Mr. Rickard, that Section 7-312(0) be
removed from the code in its entirety. The motion was approved upon the following
vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays,
Neumeyer.
Mr. Rickard questioned whether the houses in the block grant program will fall under
this code. Mr. Spradling responded they would.
The original motion to approve the first reading of BII.L NO. 94-285 was approved as
amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Spradling, Williamson. Nays, Rickard.
BILL NO. 94-283 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH INTERSTATE 66 PROJECT,INC. FOR LOBBYING SERVICES
The reading of BILL NO. 94-283 was approved and the resolution adopted upon Mr.
Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BII.L NO.
94-283 is RESOLUTION NO. 997.
BILL NO. 94-286 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICFNSE AGREEMENT WITH MERCANTILE BANK OF ST. LOUIS N.A., AS
TRUSTEE OF THE MEW SITE TRUST FUND, FOR CLEAN-UP OF THE
MISSOURI ELECTRIC WORKS SITE
The reading of BILL NO. 94-286 was approved and the resolution adopted upon Dr.
Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO.
94-286 is RFSOLUTION NO. 998.
Mr. Jay Crosnoe, Mr. Larry Essner and Mr. Rick Wieser were appointed to the Parks
and Recreation Advisory Board for a term expiring October 29, 1997, upon Mr.
Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
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Mr. Robert Cox and Mr. Tom Holshouser were appointed to the Planning and Zoning
Commission for a term expiring November 1, 1998, upon Mr. Neumeyer's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
A retail liquor by the drink license for Daniel John Grimm, d/b/a Jeremiah's, 127 N.
Water, Daniel John Grimm, Managing Officer, was conditionally approved upon Mr.
Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggunann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The first and final payment to Penzel Construction Co., Inc. for the work accomplished
to termination of the contract at the wastewater treatment plant was authorized upon Mr.
Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The extension of the water distribution system to serve Randol Farms Seventh
Subdivision was accepted into the city's system upon Mr. Williamson's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The improvement plans for sanitary sewers to serve Six Thirty Second Subdivision were
approved upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays,
none.
The street and sanitary sewer improvements, as shown on the plans approved for Randol
Farms Sixth Subdivision, and the storm sewers in the street right-of-way, were accepted
into the city's system upon Dr. Kasten's motion, Mr. Eggimann's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
Reimbursement of$3,688.67 to Dave Gerlach for the additional cost of constructing the
portion of Abbey Road which lies within Randol Farms Sixth Subdivision as a collector
street was authorized upon Dr. Kasten's motion, Mr. Williamson's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
The release of the escrow agreement covering the unprovements in Randol Farms Sixth
Subdivision was authorized upon Dr. Kasten's motion, Mr. Neumeyer's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling
(abstain), Williamson. Nays, none.
The improvements on portions of Brink Avenue, Spring Avenue, Montgomery Street,
Louisiana Avenue and Spanish 5treet were accepted; and final payment to ASA Asphalt,
Inc. was authorized accepted upon Mr. Williamson's motion, Mr. Gateley's second, and
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the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
The improvements in Shawnee Park at the Sports Complex, Phase 2, were accepted, and
final payment to Dannie Gilder Excavating, Inc. in the amount of $59,866.54 was
authorized upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays,
none.
There being no further business, the Council adjourned upon Mr. Eggimann's motion,
Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
�
A. . Spradling III, Mayor
,,
`-f� �' �
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Gayle� . Conrad, Deputy City Clerk