HomeMy WebLinkAboutCouncil.Minutes.04-17-1995.Regular 199
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ $@SSIOfI April 17 1 g 95
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REGLTLAR SESSION - APRIL 17, 1995
Council convened in regular session on Monday, April 17, 1995, at 7:30 p.m. with
Mayor A1 Spradling III presiding and Council Members Richard Eggimann, Melvin
Gateley, Melvin Kasten, Tom Neumeyer, Jack Rickard and JJ Williamson present.
The invocation was presented by Captain Elmer Trapp of the Salvation Army and the
Pledge of Allegiance was recited.
Prior to the regular session, council convened in executive session for the purpose of
discussing litigation and personnel upon Mr. Neumeyer's motion, Mr. Williamson's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten Neumeyer, Rickard,
Spradling, Williamson. Nays, none.
The minutes of the April 3, 1995, regular and executive sessions were 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 agenda was adopted as distributed upon Mr. Gateley's motion, Mr. Neumeyer'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 filing of an application for
funding under Section 18 of the Federal Transit Act to assist in financing the city's taxi-
coupon program, the hearing was opened. Ms. Miki Gudermuth, President of Semo
Alliance for Disability Independence, expressed concerns with the use of• the new
modified van being purchased for the taxi coupon program, with the way citizens are
required to purchase taxi coupons, and the service the present t�i company supplies to •
disabled citizens. Mr. Fischer suggested that she contact Mary Thompson, City
Collectar, to discuss the taxi coupon program. There being no further appearances, the
hearing was closed.
BILL NO. 95-82 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN
APPLICATION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR FUNDS TO AID IN THE FINANCING OF A PUBLIC
TRANSPORTATION SYSTEM
The reading of BILL NO. 95-82 was approved and the resolution adopted upon Mr.
Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO.
95-82 is RESOLUTION NO. 1043.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
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This being the date set for a public hearing regarding a petition for voluntary annexation
presented by Constance W. Harris, as trustee of the Constance W. Harris Revocable
Living Trust of June 23, 1983, the hearing was opened. There being no appearances,
the hearing was closed.
This being the date set for a public hearing regarding a petition for voluntary annexation
presented by Cape Girardeau Lodge No. 639 Benevolent and Protective Order of Elks
of the United States of America, a not-for-profit corporation, the hearing was opened.
There being no appearances, the hearing was closed.
This being the date set for a public hearing regarding the request of Anna M. Whitley
and Albert L. Bell for a special use permit for a mobile home at 1015 North Lorimier
Street in an R-2, single family residential district, the hearing was opened. Mr. Albert
Bell appeared and stated that a special use permit had been granted in 1979 and 1988 for
the purpose of locating a mobile home on this land. The home was moved in August of
1993 because of flood waters. Mr. Paul Hahn appeared in support of this request,
� stating his mother had previously lived on this property in a mobile home. There being
no further appearances, the hearing was closed.
BILL NO. 95-83 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO ANNA MARY
WHITLEY AND ALBERT L. BELL FOR PURPOSES OF MAINTAIIVING AND
OPERATING A MOBILE HOME AS A RESIDENCE AT 1015 NORTH LORIlVIIER
STREET, IN THE CIT'Y AND COUNTY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 95-83 failed due to lack of a motion.
Mr. Will Browne, Chairman of the Board of Adjustment, appeared and presented
information to the Council on the purpose and responsibility of the Board and introduced
the members of the Board present.
Ms. Cecilia Sonderman, 1333 Oakley, appeared and requested the City Council make
a determination as to whether public streets are for traffic or for children playing. In her
neighborhood children and teenagers are coming from other streets to play on Oakley
Drive and are blocking the flow of traffic. She suggested that the city blacktop the dead
end of Oakley for the kids to play on or to purchase the vacant lot on Oakley from the
residents who actually live on Brucher Street and pave the lot so children can play there.
Ms. Dorothy Cockrell, 1329 Oakley, questioned whether there was an ordinance against
playing ball in the street. Mr. Wells read Section 24-8 of the city code relating to
playing in streets and on sidewalks. Chief Butch Boyd stated that the Police Department
can respond to complaints and can cite the children to juvenile court if there is a
violation. He can also have the community service officers monitor the area.
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Mr. Gateley announced that this week is the annual city-wide Spring Cleanup Week and
urged citizens to participate. In addition, Saturday, Apri122, is Friends of the Park Day.
The following bills were given second and third readings:
BILL NO. 95-60 AN ORDINANCE VACATING THE CITY'S INTERFST IN A
PORTION OF THE WEST RIGHT-OF-WAY OF MINNESOTA
AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 95-69 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 2
OF THE CODE OF ORDINANCES RELATING TO
ORGAlVIZATION OF CITY DEPARTMENTS
BILL NO. 95-70 AN ORDINANCE AMENDING SCHEDULE C OF SECTION
26-121 OF THE CITY CODE BY PLACING A STOP SIGN ON
CAPE WEST PARKWAY AND RICHMOND STREET, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 95-71 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
WEST SIDE CHURCH OF GOD FOR PURPOSES OF
CONSTRUCTING, MAINTAIrTING AND OPERATING A
CHURCH SIGN AT 2222 BLOOMFIELD ROAD, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 95-72 AN ORDINANCE GRANTTNG A SPECIAL USE PERMIT TO
LONrTIE D. MOSS AND SHIRLEY J. MOSS, FOR PURPOSES
OF OPERATING A BUSINESS REPAIRING AIR WRENCHES
AT 201 BRINK AVENUE, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
BILL NO. 95-73 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI,BY DESIGNATING THE CAPE RIVERHERITAGE
MUSEUM, 538 INDEPENDENCE STREET, CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI AS AN
"HISTORIC LANDMARK"
BILL NO. 95-74 AN ORDINANCE ACCEPTING A GENERAL WARRANTY
DEED AND A TEMPORARY CONSTRUCTION EASEMENT
FROM ST. ANDREW LUTHERAN CHURCH FOR THE CAPE
LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL
PROJECT
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BILL NO. 95-79 AN ORDINANCE AUTHORIZING THE ACQUISITTON OF
PROPERTY FOR SA1vITARY SEWERS AND ASSOCIATED
UTTLITY WORK
The second and third readings of BILL NOS. 95-60, 95-69, 95-70, 95-71, 95-72, 95-73,
95-74 and 95-79 were approved and the ordinances adopted upon Mr. / motion, Mr. /
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard,
Spradling, Williamson. Nays, none. Dr. Kasten abstained on BILL NO. 95-74. BILL
NO. 95-60 is ORDINANCE NO. 1699; BILL NO. 95-69 is ORDINANCE NO. 1700;
BILL NO. 95-70 is ORDINANCE NO. 1701; BILL NO. 95-71 is ORDINANCE NO.
1702; BILL NO. 95-72 is ORDINANCE NO. 1703; BILL NO. 95-73 is ORDINANCE
NO. 1704; BILL NO. 95-74 is ORDINANCE NO. 1705; BILL NO. 95-79 is
ORDINANCE NO. 1706.
BILL NO. 95-80 was given first reading as follows:
AN ORDINANCE ACCEPTING QUIT CLAIM DEEDS FROM E & R LEASING
COMPANY AND PIONEER DEVELOPMENT AND ORCHARD COMPANY,IN THE
SOUTHWEST TRUNK SEWER PROJECT, PHASE 2, SECTION 2
The first reading of BILL NO. 95-80 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.
BILL NO. 95-84 was given first, second and third readings as follows:
AN ORDINANCE APPROPRIATING FUNDS FOR ADMINISTRATIVE AND
PUBLIC WORKS IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first, second and third readings of BILL NO. 95-84 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. 95-84 is ORDINANCE NO. 1707.
BILL NO. 95- 86 was given first reading as follows:
AN ORDINANCE ACCEP'TING A GENERAL WARRANTY DEED AND A
TEMPORARY CONSTRUCTION EASEMENT FROM CHARLES DAVID WILLIS
AND EVELYN P. WILLIS FOR THE RECREATION TRAIL PROJECT
The first reading of BILL NO. 95-86 was approved upon Mr. Gateley's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-87 was given first reading as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ $@SSIOt1 April 17 �9 95
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AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND A QUIT
CLAIM DEED FROM HILDEGARDE YOUNG FOR THE CLOSURE OF THE CITY
LANDFILL
The first reading of BILL NO. 95-87 was approved upon Mr. Eggimann's motion, Dr.
Kasten's second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-88 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF OSAGE PARK PLACE
SUBDIVISION
The first reading of BILL NO. 95-88 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.
BILL NO. 95-81 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANGER TO EXECUTE A
CONTRACT FOR SERVICES WITH CAPE GIRARDEAU AREA INDUSTRIAL
RECRLTITMENT ASSOCIATION TO 50LICIT BUSINESS, INDUSTRY AND
COMMERCE FOR CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 95-81 was approved and the resolution adopted upon Mr.
Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann
(abstain), Gateley, Kasten (abstain), Neumeyer, Rickard, Spradling, Williamson. Nays,
none. BILL NO. 95-81 is RESOLUTTON NO. 1044.
BILL NO. 95-SS was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH ASA ASPHALT, INC. FOR THE IMPROVEMENT OF
CHARLES STREET
The reading of BILL NO. 95-85 was approved and the resolution adopted upon Mr.
Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO.
95-85 is RESOLUTION NO. 1045.
Mr. Dan Overbey and Mr. J. Fred Waltz were appointed to the Airport Advisory Board
for terms expiring April 30, 1998, upon Mr. Eggimann's motion, Mr. Neumeyer's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard,
Spradling, Williamson. Nays, none.
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A temporary 5% beer by the drink license for Cape Girardeau Riverfest Association for
an event to be held June 8 to June 11, 1995, in downtown Cape Girardeau was approved
upon Mr. Neumeyer's motion, Dr. Kasten's second and the following vote: Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
An original package liquor, wine tasting and Sunday sales license for Schnucks Markets,
Inc., d/b/a Schnucks, located at 121 S. Sprigg, Robert Wiegert, Managing Officer, was
� conditionally approved upon Mr. Williamson's motion, Mr. Neumeyer's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
The sanitary lateral sewers constructed to serve the westernmost end of Kenneth Street,
Sewer District 14-1-F-2, were accepted into the city's system upon Dr. Kasten's motion,
Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The improvement of Kenneth Street from the end of Randol Farms Estates Subdivision
to Route W was accepted upon Mr. Gateley's motion, Dr. Kasten's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
The sanitary lateral sewers constructed to serve Plaza Acres Subdivision, Sewer District
14-1-F-1, were accepted into the city's system upon Dr. Kasten's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The water main extension to serve Cape Family Entertainment Center was accepted into
the city's system upon Mr. Eggimann's motion, Mr. Gateley's second, and the following
vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
The improvement plans for streets, storm and sanitary sewers for Northfield Seventeenth
Subdivision were approved upon Mr. Neumeyer's motion, Mr. Gateley's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
Dr. Kasten made a motion, seconded by Mr. Williamson, to grant the request of the
Area Wide United Way to waive the requirement for the Y.E.L.L. campaign to have a
vendor's permit and also allow selling of newspapers in the streets on Tuesday,
September 12, 1995. 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. Williamson, to set a public hearing on
the request of Money-Time Check Cashers, Inc. for a special use permit for a check
cashing and pawn shop and parking at 155 South Park Avenue and 148 South West End
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Boulevard in an R-3, two family residential district. 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, to file the recommendation of
rejection by the Planning and Zoning Commission regarding the request of Alice F.
Benton, Elsie M. Peetz, and Elda M. 5iebert to rezone 28.28 acres of a 57.116 acre tract
from R-1, single family residential district, to C-2, general commercial district. The
motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
A retail liquor by the drink license was conditionally approved for The Brothers Lounge,
Inc., 2023 Independence, Dan G. Taylor, Managing Officer, upon Mr. Eggimann's
motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Mr. Eggimann stated he was concerned with an article he read in the Southeast
Missourian regarding the recommendation of the Solid Waste Task Force. He stated the
Council accepted the recommendation by ardinance that beginning in July of 1995 the
city would limit residential solid waste bags to two per week. It was discussed at the
Council Retreat to postpone the implementation of the two bag limit to July of 1996 but
was not voted on. He stated the two bag limit would help limit what goes into landfills
and would cut down on landfill payments, and wants to continue to go forward with the
two bag limit as previously approved.
There being no further business, the Council adjourned upon Dr. Kasten's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
A. M. Spradling III, M
A-- i
Gayl L. Conrad, Deputy City Clerk
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