HomeMy WebLinkAboutCouncil.Minutes.08-07-1995.Regular 279
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SeSSIOtI August 7 1 g 95
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REGULAR SES5ION - AUGUST 7, 1995
Council convened in regular session on Monday, August 7, 1995, at 7:30 p.m. with
Mayor Al Spradling III presiding and Council Members Richard Eggimann, Melvin
Gateley, Melvin Kasten, Tom Neumeyer, Jack Rickard, and J.J. Williamson present.
The invocation was presented by Rev. Kim Ferguson, Cornerstone Assembly Church,
and the Pledge of Allegiance was recited.
Prior to the regular session, Council convened in executive session for purposes of
discussing litigation and real estate acquisition upon Dr. Kasten's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The minutes of the July 24, 1995, regular and executive sessions were approved upon
Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The agenda was approved as distributed upon Dr. Kasten's motion, Mr. Williamson'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 Steven C. and
Sheree' L. Volkerding for a special use permit for a computerized sign/craft business
(Simply Signs) at 2031 Brink Street in an R-2, single family residential district, the
hearing was opened. Ms. Sheree' Volkerding appeared in favor of the request and to
answer any questions. There being no further appearances, the hearing was closed.
BILL NO. 95-171 was given first reading as follows:
AN' ORDINANCE GRANTING A SPECIAL USE PERNIIT TO STEVEN C.
VOLKERDING AND SHEREE' L. VOLKERDING, FOR PURPOSES OF
CONSTRUCTING, MAINTAIIVING AND OPERATING A COMPUTERIZED SIGN/
CRAFT BUSINFSS (SIMPLY SIGNS) AT 2031 BRINK AVENUE, IN TFIE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 95-171 was approved upon Dr. Kasten's motion, Mr.
Gateley'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 Boyd Missouri, Inc.,
Downtown Parking, Inc. and J. D. Main to extend their current special use permit for
landside support facilities and parking for an excursion riverboat gaming vessel for the
southeast corner of Main St. and Broadway, N. Main St. from Broadway to Mason St.
(excluding property owned by William Walker), property on the west side of Main St.
previously owned by the Downtown Investment Co., and property on the west side of
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Main St. and north of Park Ave. formerly owned by the Hutsons in C-3 and M-2 zones,
the hearing was opened. Mr. Gary Wagner of Askew, Nixon, Ferguson Architects,
appeared in favor of the request and to answer any questions. Mr. Elmer Smith, 539 N.
Main, questioned whether this would rezone his property. Mayor Spradling explained
that this only extends their present permit and will not affect his property. There being
no further appearances, the hearing was closed.
BILL NO. 95-173 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO BOYD MISSOURI,
INC.; DOWNTOWN PARKING, INC.; AND KIDD OIL COMPANY, FOR
PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING LAND SIDE
SUPPORT FACILITIES AND PARKING FOR AN EXCUR5ION RIVERBOAT
GAMING VESSEL IN DOWNTOWN CAPE GIRARDEAU, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 95-173 was approved upon Mr. Neumeyer's motion, Mr.
Williamson'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 proposed amendments to Sections
30-116, 30-119, 30-121, 30-124, 30-125, 30-135, and 30-139 of the Zoning ordinance,
this being the Historic Preservation Ordinance for the city, the hearing was opened.
There being no appearances, the hearing was closed.
This being the date set for a public hearing regarding improvements to the Kingshigh-
way/Cape Rock Drive intersection by the Missouri Highway and Transportation
Department (NIIiTD), using a portion of Kingsway Drive to create a right turn exit lane
for northbound Kingshighway onto Cape Rock, the hearing was opened.
City Engineer Kensey Russell explained the history of this project and their proposal.
MHTD has requested the city take care of public information and inquiries, enact an
ordinance closing Kingsway Drive at Cape Rock Drive, and install and maintain advance
warning signs on Kingsway Drive. Mr. David Hahs, Chairman of the St. Andrew's
Church Congregation, stated that the church is concerned that if Kingsway is closed,
traffic will cut through their parking lot for access. He requested the City Engineer meet
with MHTD and indicate this is not an appropriate solution to the traffic problem on
Kingshighway. In addition, the church would like to be involved in the discussions. Mr.
Ken Voepel stated he owns an insurance agency on Kingsway Drive and the closure of
this street will hurt his business.
There being no further appearances, the hearing was closed. After discussion, Mr.
Gateley made a motion, seconded by Mr. Eggimann, directing city staff to request
MHTD study this matter further and explore other alternatives. The motion was
approved upon the following vote: Ayes, Eggimann, Gateley, Kasten (abstain),
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
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This being the date set for a public hearing regarding the necessity to improve that part
of Lexington Avenue from Old Sprigg Street to Big Bend Road, 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 ending on June 30, 1996; and
the real property tax rate proposed to be set for Special Business District No. 2 by the
City Council of the City of Cape Girardeau for the fiscal year ending on June 30, 1996,
the hearing was opened. T'here being no appearances, the hearing was closed.
Ms. Helen Hayes appeared to protest the improvement plans for Red Oak Estates
Subdivision. 5he explained that this is a natural area behind her home, and the developer
intends to remove trees and construct a ditch in the development of this subdivision. Mr.
Kensey Russell stated that the improvement plans include a stormwater plan, but the
record plat has not been submitted. The City Council previously approved the
preliminary plat. Mr. Larry McCully appeared on behalf of the developer and explained
the delays he has encountered on this project. After discussion, Mr. Gateley made a
motion, seconded by Mr. Neumeyer, postporung consideration of the improvement plans
for Red Oak Estates Subdivision to the August 21 City Council agenda. The motion was
approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
Mr. Tom Johnson appeared in opposition to the transportation sales tax, stating that the
citizens should know what they are voting for and should know what specific streets will
be improved. Mayor Spradling responded that the City has prepared a list of projects
that will be funded under this tax. A copy of this list was provided to Mr. Johnson by
the staff.
Regarding the flood buy-out program, Mayor Spradling explained that staff is preparing
a grant application for the August 21 City Council agenda whereby the city will be
requesting 100 percent funding from the state covering approximately 64 homes. Mr.
Floyd Penny questioned whether all properties that were flooded will be included on the
application. Mayor Spradling directed Mr. Penny to contact Ken Eftink in the Planning
Office.
Regarding the sewer facilities issue in Twin Lakes Subdivision, the city has not yet
received any information from Dr. Dix Morgan. The City Deputy Clerk will contact
him and set up a meeting with the City Council and the property owners to discuss the
matter.
Mayor Spradling reminded everyone that Tuesday, August 8, is election day and
encouraged everyone to support the transportation sales tax issue on the ballot. A special
meeting of the City Council was scheduled for August 14 at 5:00 p.m. to canvass the
returns and declare the results of the election.
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Mr. Gateley made a motion, seconded by Mr. Williamson, to change the September 4
City Council meeting to September 5 due to the Labor Day holiday. The motion was
approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
The following bills were given second and third readings:
BILL NO. 95-160 AN ORDINANCE AMENDING SCHEDULE C OF SECTION
26-121, STOP SIGNS; SCHEDULE H OF SECTTON 26-126,
ELECTRIC SIGNALS; AND SCHEDLTLE K OF SECTION 26-
121, YIELD SIGNS, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 95-163 AN ORDINANCE ESTABLISHING THE BOLINDARIES OF
LATERAL SEWER DISTRICT NO. 12-KK-4, A SUBDIVISION
OF TRUNK SEWER DISTRICT NO. 12KK & 14D,
APPROVING THE PLANS AND AUTHORIZING THE
CON5TRUCTION OF A SYSTEM OF SANITARY LATERAL
SEWERS IN LATERAL SEWER DISTRICT NO. 12-KK-4,
UNDER A PRIVATE CONTRACT SUBJECT TO CERTAIN
PROVISIONS, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 95-164 AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY
CODE OF ORDINANCES BY ADDING A NEW ARTICLE
WHICH IMPOSES A ONE-HALF OF ONE PERCENT
TRANSPORTATION SALES TAX AND ESTABLISHING A
"CITY TRANSPORTATION TRUST FLTND"
The second and third readings of BILL NOs. 95-160, 95-163, and 95-164 were approved
and the ordinances adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none. BILL NO. 95-160 is ORDINANCE NO. 1756, BILL NO.
95-163 is ORDINANCE NO. 1757, BILL NO. 95-164 is ORDINANCE NO. 1758.
BILL NO. 95-186 was given first reading as follows:
AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 30 OF THE CODE OF
ORDINANCFS RELATTNG TO HISTORIC PRESERVATION
The first reading of BILL NO. 95-186 was approved upon Mr. Eggimann's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-172 was given first reading as follows:
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Regular $@SSIOf1 August 7 1 g 95
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AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL
DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE
IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A
CONTRACT TO DO THE WORK, PROVIDING FOR THE PAYMENT OF THE
WORK, AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BILLS IN AN
AMOUNT NOT TO EXCEED $0.042 PER SQUARE FOOT IN PAYMENT OF THE
COST OF SAME ON SEWERS ALONG NORTH KINGSHIGHWAY, LATERAL
SEWER DISTRICT NO. 14-1-F-1, WITH THE BALANCE TO BE PAID FROM
GENERAL REVENUE FUNDS, IN THE CIT'Y OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 95-172 was approved upon Dr. Kasten's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none. The improvements on N.
Kingshighway in Lateral Sewer District 14-1-F-1 were accepted and final payment to
Monroe Plumbing and Heating Co., Inc. was authorized upon Mr. Eggimann's motion,
Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none,
BILL NO. 95-183 was given first reading as follows:
AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY
REVENUE TAX; LIBRARY FLJND 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, 1996
The first reading of BILL NO. 95-183 was approved upon Mr. Gateley's motion, Dr.
Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-177 was given first reading as follows:
AN ORDINANCE REAFFIRNIING ARTICLE IV OF CHAPTER 2 OF THE CODE OF
ORDINANCFS ENTITLED "CONFLICTS OF INTEREST"
The first reading of BILL NO. 95-177 was approved 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. 95-174 was given first reading as follows:
AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND A
TEMPORARY CONSTRUCTION EASEMENT FROM MIDAMERICA HOTELS
CORPORATION FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD
CONTROL PROJECT
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The first reading of BILL NO. 95-174 was approved upon Mr. Gateley's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-175 was given first reading as follows:
AN ORDINANCE ACCEPTING A GENERAL WA►�ZRANTY DEED AND A
TEMPORARY ACCESS EASEMENT FROM YEWELL KRAU5T AND VIRGIE
KRAUST FOR THE WASTEWATER TREATMENT PLANT ACCESS PROJECT
The first reading of BILL NO. 95-175 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. 95-176 was given first reading as follows:
AN ORDINANCE ACCEP'TING A GENERAL W�►]ZRANTY DEED FROM ALAN R.
WILLIAMS AND JAIVICE M. WILLIAMS FOR THE CAPE LA CROIX CREEK/
WALKER BRANCH FLOOD CONTROL PROJECT
The first reading of BILL NO. 95-176 was approved upon Mr. Gateley's motion, Dr.
Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-178 was given first reading as follows:
AN ORDINANCE ESTABLISHING THE GRADE OF LEXINGTON AVENUE FROM
A POINT 338.74 FEET NORTHEASTERLY OF CAPE LACROIX ROAD (STATE
ROUTE "W") TO 262.71 FEET WESTERLY OF PROPOSED FLAD AVENUE, IN
THE CIT'Y OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 95-178 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. 95-179 was given first reading as follows:
AN ORDINANCE ESTABLISHING THE GRADE OF LEXINGTON AVENUE FROM
50 FEET WESTERLY OF CAROLINA LANE TO 20.48 FEET WESTERLY OF
PERRYVILLE ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 95-179 was 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. 95-180 was given first reading as follows:
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AN ORDINANCE ESTABLISHING THE GRADE OF LEXINGTON AVENUE FROM
22.4 FEET EASTERLY OF PERRYVILLE ROAD TO 36.13 FEET WESTERLY OF
SHERWOOD DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 95-180 was approved upon Dr. Kasten's motion, Mr.
Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten9 Neumeyer,
Rickard, Spradling, Williamson. IVays, none.
BILL NO. 95-181 was given first reading as follows:
AN ORDINANCE ESTABLISHING THE GRADE OF LEXINGTON AVENUE FROM
24.2 FEET EASTERLY OF CAPE ROCK DRIVE TO 12.79 FEET WESTERLY OF
BIG BEND ROAD (STATE ROUTE 177) IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL NO. 95-181 was approved upon Mr. Williamson's motion, Dr.
Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, 5pradling, Williamson. Nays, none.
BILL NO. 95-182 was given first reading as follows:
AN ORDINANCE ESTABLISHING THE GRADE OF SPRIGG STREET FROM
BERTLING STREET TO 123.10 FEET NORTHERLY OF PROPOSED LEXINGTON
AVENUE, IN THE CIT'Y OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 95-182 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. 95-184 was given first, second and third readings as follows:
AN ORDINANCE AMENDING SCHEDULE G OF SECTION 26-249 BY
REPEALING TWO HOUR PARKING; AND AMENDING SCHEDULE F OF
SECTION 26-247, BY ENACTING NO PARKING, IN THE CITY OF CAPE
GIRARDEAU,.MISSOURI
Mr. Gateley made a motion, seconded by Mr. Williamson, to approve the first, second
and third readings of BILL NO. 95-184. Mr. Eggimann ma�e a motion, seconded by
Mr. Gateley, that a sunset clause be included in the ordinance stating that the no parking
areas be returned to the restricted parking at the end of construction of the business
building on the university campus. 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. 95-184 is ORDINANCE NO. 1759.
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BILL NO. 95-185 was presented as follows:
A RESOLUTTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE
AN AGREEMENT WITH CWI OF MISSOURI, FOR SALE OF COMMERCIAL
SOLID WASTE EQUIPMENT AND ACCOUNTS LIST
The reading of BILL NO. 95-185 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. BILL NO.
95-185 is RFSOLLTTION NO. 1075.
An original package beer liquor license for Target Media Consultants, Inc., d/b/a
� Spanky's, 2201 Broadway, David Barklage, Managing Officer, was conditionally
approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays,
none.
I
� Four temporary 3.2% non-intoxicating beer by the drink licenses were approved for the
SEMO District Fair Association, Frederick L. Higdon, Managing Officer, for an event
to be held in Arena Park September 10 to September 16, 1995, upon Mr. Neumeyer's
motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
There tieing no further business, the Council adjourned upon Mr. Gateley's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
r
. M. Spradling III, a r
� ,
Gayle ' . Conrad, Deputy City Clerk