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HomeMy WebLinkAboutCouncil.Minutes.09-05-1995.Regular 299 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOfI September 5 19 95 s-�azan REGULAR SESSION - SEPTEMBER 5, 1995 Council convened in regular session on Tuesday, September 5, 1995, at 7:30 p.m. with Mayor AI 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. William Burke, Pastor, First Church of the Nazarene, and the Pledge of Allegiance was recited. Prior to the regular session, Council convened in executive session for purposes of discussing property acquisition and contract negotiation 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 of the August 21, 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 approved as distributed upon Mr. Gateley's motion, Dr. Kasten'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 amendments to Sections 30-2, 30- 38 and 30-39 of the Zoning Ordinance, 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 Leon C. Brinkopf, Juliene Beard, Carl M. Gross, David L. Gross, Carlyn Elizabeth Cox, and Cornerstone Assembly, Inc. for a special use permit for a church facility and parking on an 11.66 acre tract directly north of the new Highway 74 route and south of Brink Street in an R- 2, single family residential district, the hearing was opened. Rev. Kim Ferguson, Pastor of Cornerstone Assembly church, appeared in favor of the request and requested all three readings of the ordinance. There being no further appearances, the hearing was closed. BILL NO. 95-191 was declared an emergency measure 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. 95-191 was given first, second and third readings as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LEON C. BRINKOPF, JULIENE BEARD, CARL MICHAEL GROSS, DAVID I.EON GROSS, ANI3 CARLYN ELIZABETH COX FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATTNG A CHURCH FACILITY AND PARKING LOT ON 11.66 ACRES NORTH OF NEW HIGHWAY 74 AND SOLTTH OF BRINK STREET, IN THE CITY AND COLTNTY OF CAPE GIRARDEAU, MISSOURI 300 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ $gSSlOfI September 5 19 95 s-ta�an The first, second and third readings of BILL NO. 95-191 were approved and the ordinance adopted 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. 95-191 is ORDINANCE NO. 1775. This being the date set for a public hearing regarding the request of Richard L. and Joan Eggimann and Han Kang for a special use permit for apartments at Lots 6, 7, and 8, Block 1, Timberlane Subdivision, and 2910 Kage Road in a C-1, local commercial district, the hearing was opened. There being no appearances the hearing was closed. BILL NO. 95-192 was given first, second and third readings as follows: AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO RICHARD L. EGGIMANN, JOAN EGGIMANN AND HAN KANG, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING APARTMENTS ON LOTS 6, 7 AND 8, BLOCK 1, TIlVIBERLANE SUBDIVISION AND 2910 KAGE ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first, second and third readings of BILL NO. 95-192 were approved and the ordinance adopted upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Eggimann abstained for financial reasons. BILL NO. 95-192 is ORDINANCE NO. 1776. This being the date set for a public hearing regarding the request of Pindwood Place LLC to rezone property in the 200 block of North Pind Wood Lane from C-1, local commercial district, R-3, two family residential district, and C-2, general commercial district, to R-4, multiple family residential district, 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 Stanley and Virginia E. Boyd for a special use permit for a mobile home at 1140 North Frederick Street in an R-4, multiple family residential district, the hearing was opened. Mr. and Mrs. Boyd appeared in favor of the request. Upon questioning by Mr. Rickard, Monte Montgomery stated that the home does not meet BOCA codes but does meet HUD codes. When working with other cities, most require that the foundation meet �OCA and/or city codes. After discussion, Mayor Spradling suggested that the owners obtain the specifications for the home and review these with the City Inspection office. There being no further appearances, the hearing was closed. BILL NO. 95-194 was given first reading as follows; AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO STANLEY BOYD AND VIRGIIVIA E. BOYD, FOR PURPOSES OF MAINTAINING AND OPERATING A MOBILE HOME AT 1140 NORTH FREDERICK STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI 301 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ $@SSIOfI September 5 19 95 s-ia�an The first reading of BILL NO. 95-194 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. This being the date set for a public hearing regarding the request of Thomas L. and Helen M. Meyer and Rupert C. and Helen V. Meyer for a special use permit for a business of rebuilding auto parts at 833 North Spanish Street in an R-2, single family residential district, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 95-195 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO THOMAS L. MEYER, HELEN M. MEYER, RUPERT C. MEYER AND HELEN V. MEYER, FOR PURPO5ES OF CONSTRUCTING,MAINTAIrTING AND OPERATING A BUSINESS OF REBLTILDING AUTO PARTS AT 833 NORTH SPAIVISH STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-195 was approved upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. This being the date set for a public hearing regarding the request of the Humane Society of Southeast Missouri for a special use permit for a crematorium for small animal disposal at 2536 Boutin Drive in an R-1, single family residential district, the hearing was opened. Mr. Larry Tidd, a Director for the Humane Society, appeared in favor of the request. Ms. Denise Potter, 2400 Abbey Road, questioned how the animals are presently disposed of and if there would be any smell from the crematorium. Mr. Tidd responded that presently the animals are disposed of in an approved landfill, and he has been assured by the manufacturer of the crematorium that all no emissions will meet current EPA standards. There being no further appearances, the hearing was closed. BILL NO. 95-196 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO HUMANE SOCIETY OF SOUTHEAST MISSOURI, FOR PURPOSES t7F CONSTRUCTING, MAINTAIIVING AND OPERATING A CREMATORIUM FOR SMALL ANIMAL DISPOSAL AT 2536 BOUTTN DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-196 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. 302 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOfI September 5 19 95 S-789d(1 Upon questioning from Mr. Williamson about the status of improvements at Washington Park, Parks Director Dan Muser stated that grading is being completed for the sand volleyball courts. It is planned to place a shelter, picnic tables and playground equipment in the park. Mr. Gateley commended the Public Works Department for the work they did in striping the city streets and intersections. The following bill was given second and third readings: BILL NO. 95-187 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF TFiE CITY CODE, ESTABLISHING NO PARKING ON SOUTH SPRIGG STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NO. 95-187 was approved and the ordinance 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. 95-187 is ORDINANCE NO. 1777. BILL NO. 95-200 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE ESTABLISHING NO PARKING ON SLTNSET BOULEVARD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-200 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. 95-189 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO PARKING The first reading of BILL NO. 95-189 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. 95-193 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZO1vING OF PART OF THE 200 BLOCK OF NORTH PIND WOOD LANE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM C-1, R-3 AND C-2 TO R-4 303 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular _ SeSSIOfI September 5 �9 95 S-ia�en The first reading of BILL NO. 95-193 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. 95-205 was given first reading as follows: AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM JE1vIC LEASING, INC. FOR THE CLOSURE OF THE CITY LANDFILL The first reading of BILL NO. 95-205 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-206 was given first reading as follows: AN ORDINANCE ACCEPTING GENERAL WAP:RANTY DEEDS FROM BETTY J. DIE'TII�ER; JAMES E. PALMER; AND JUAIVITA M. RATLIFF; ACCEPTTNG GENERAL WA►�tRANTY DEEDS AND TEMPORARY CONSTRUCTTON EASEMENTS FROM PETER E. COOPER AND WANETA L. COOPER; ANI3 ACCEPTING A PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FROM SIX THIRTY CORPORATION, INC. FOR THE SOUTH SPRIGG STREET ELEVATION PROJECT The first reading of BILL NO. 95-206 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. 95-203 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 12-LL-3, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-E AND 12-LL IN THE CIT'Y OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-203 was approved upon Mr. Williamson's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-201 was presented as follows: A RESOLUTTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE STATE BLOCK GRANT AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION CONIlVIISSION FOR THE CAPE GIRARDEAU MUI�TICIPAL AIRPORT IMPROVEMENTS 304 Proceedings of the City Council, City of Cape Girardeau, I�o. Regular SeSSIOfI September 5 1 g 95 S-�a�en The reading of BILL NO. 95-201 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. 95-201 is RESOLUTTON NO. 1080. BILL NO. 95-204 is presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT WITH AETNA COATINGS, INC. FOR PAINTING OF THE FIXED BASED OPERATOR METAL BUILDING AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 95-204 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. 95-204 is RESOLUTION NO. 1081. BILL NO. 95-207 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A PIPELINE LICENSE AGREEMENT WITH SEMO PORT RAILROAD, INC. � FOR PLACING A SAIVITARY SEWER LINE ON RAILROAD RIGHT-OF-WAY The reading of BILL NO. 95-207 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. 95-207 is RESOLUTION NO. 1082. BILL NO. 95-208 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A CONTRACT WITH WESTERN WATERPROOFING COMPANY, INC. FOR ROOF REPLACEMENT AT THE A. C. BRASE ARENA BUILDING The reading of BILL NO. 95-208 was approved and the resolution 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. 95-208 is RESOLUTION NO. 1083. BILL NO. 95-210 was presented as follows; A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 10 WITH THE FEDERAL AVIATION ADMIIVISTRATION FOR AIR TRAFFIC CONTROL SERVICES AT THE CAPE GIRARDEAU REGIONAL AIRPORT 305 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOfI September 5 19 95 s-ta�an The reading of BILL NO. 95-210 was approved and the resolution 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. 95-210 is RFSOLUTION NO. 1084. BILL NO. 95-209 was presented as follows: A RESOLUTION ESTABLISHING THE POLICY FOR PROVIDING SAIVITARY SEWERS WITHIN TWIN LAKES SUBDIVISION IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 95-209 was approved and the resolution 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. 95-209 is RFSOLUTTON NO. 1085. Public Awareness Coordinator Sherri Finley reported that in August fliers were mailed to approximately 15,000 households in the city with their utility bills informing citizens about city advisory boards. Two hundred initial responses were received and board summary sheets were sent to them. Approximately 35 have been returned so far. Mr. Jim Arnzen was appointed as an alternate to the Board of Appeals for a term expiring September 4, 2000, upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. David Hinton and Mr. Mark Buerck were appointed as alternates to the Board of Adjustment for terms expiring September 4, 2000, upon Mr. Eggimann'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 Melrose Place Subdivision was accepted into the city's system upon Dr. Kasten's motion, Mr. Neumeyer'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. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. A. M. Spradling III, yor /: Gayle . Conrad, Deputy City Clerk 306 Proceedings of the City Council, City of Cape Girardeau, Mo. Session 19 S-182d0 THIS PAGE INTENTIONALLY LEFT BLANK