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HomeMy WebLinkAboutCouncil.Minutes.09-18-1995.Regular 309 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular S@SS1011 September 18 �9 95 s-ia�an REGULAR SESSION - SEPTEMBER 18, 1995 Council convened in regular session on Monday, September 18, 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 J.J. Williamson present. The invocation was presented by Rev. Ed Brasington, Retired Pastor, First Presbyterian Church, and the Pledge of AliegAan�e �vas recited. Prior to the regular session, Council convened in executive session for purposes of discussing property acquisition upon Mr. Gateley's motion,Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The minutes of the September 5, 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 following people appeared in opposition to approval of the preliminary plat for The Capes: Mr. Bill Rader, 631 Pieronnet Dr., stated he and his neighbors were opposed to the use of this land for low income housing because of traffic congestion, overcrowding of schools, and increased potential for flooding. Mr. Scott Toll, 1535 Price, presented a petition signed by those opposed to this development and expressed concerns that rentals will change the quality of life. Mr. Steve Engles explained that the State Housing Commission turned down DeHarder's request for funding and expressed concerns that they have never come forward on behalf of the development. Dr. Jeffrey Patton, 659 Sylvan, stated he was opposed to the development because of tra�c problems,undesirable people, homes not well maintained, crowding in schools, waste of taxpayer dollars, aesthetic value and decrease in property value. Dr. David Crow, 1420 Sylvan, stated that a school is to be built near this development, and the school will be doomed by being located near public housing. Mr. A1 Hoskins stated that the city has pinned down Boyd Gaming on their proposed development in Cape and the city should do the same with DeHarder. Mr. Malcolm Montgomery, 609 Pieronnet, expressed concerns with the 3.32 acres reserved for future development. Mr. Craig Williams, 648 Sylvan, stated he was upset because the developer did not explain to the nearby property owners what their plans were. Mr. James Zimmer expressed concerns with traffic problems and requested the Council either table the matter in order to acquire more information or deny the development. 310 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S2SSIOf1 September 18 1 g 95 S-ia�en Mr. Sam Drusch stated the Council has a limited scope to determine what goes on the property. Their charge is to decide whether the plat complies with city ordinance. Mayor Spradling explained the history of the zoning of this property. When approving the plat, the Council cannot take into consideration the impact on schools, traffic, etc. In the final development plan stage, DeHarder must present a stormwater plan, comply with present building and zoning codes, use city licensed contractors, and install or escrow the improvements. Mr. Malcolm Montgomery requested the issue be tabled until the citizens can investigate whether or not the Council has the right to deny or approve the preliminary plat. Mr. Eggimann made a motion, seconded by Mr. Spradling, to approve the preliminary plat of The Capes. Mr. Gateley questioned when city staff started working with the DeHarder group on this development and whether the Council has the authority to ask Planning and Zoning to review the plat and reduce the number of units. Kent Bratton explained the history of contacts with this group, and Eric Cunningham stated that the only discretion the council has is to approve the plat if it complies with city ordinances. Mr. Eggimann explained his views on the matter and that this type of housing is needed in the city. Mr. Williamson also stated his views on the matter and emphasized that this is only a preliminary step in the process. After discussion, the motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Keith Russell appeared regarding the recommendations of the Chazter Review Committee. He requested that the issues presented in the recommendations be placed before a vote of the people. Mr. Gateley made a motion, seconded by Dr. Kasten, that issues relating to amending the City Charter be placed on the April, 1996, ballot. After discussion, the motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. It was the consensus of the Council to meet with the Charter Review Committee at the Council's regular meeting on November 20 to discuss the recommendations. The following bills were given second and third readings: BILL NO. 95-200 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE ESTABLISHING NO PARKING ON SUNSET BOULEVARD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-189 AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO PARKING BILL NO. 95-193 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PART OF THE 200 BLOCK OF NORTH PIND WOOD LANE, CITY AND COUI�ITY OF CAPE GIRARDEAU, MISSOURI FROIVI C-1, R-3 AND G2 TO R-4 BILL NO. 95-194 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO STANLEY BOYD AND VIRGINIA E. BOYD, FOR PURPOSES OF MAINTAINING AND OPERATING A MOBILE HOME AT 1140 NORTH FREDERICK STREET, IN THE CITY AND COUI�ITY OF CAPE GIRARDEAU, MISSOUR� 311 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular _ S@SSIOfI September 18 1 g 95 5-18240 BILL NO. 95-195 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THOMAS L. MEYER, HELEN M. MEYER, RUPERT C. MEYER AND HELEN V. MEYER, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A BUSINESS OF REBUILDING AUTO PARTS A'T 833 NORTH SPANISH STREET, IN THE CITY AND COUNT'Y OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-196 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO HUMANE SOCIETY OF SOUTHEAST MISSOURI, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CREMATORIUM FOR SMALL ANIMAL DISPOSAL AT 2536 BOUTIN DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 95-205 AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM JENIC LEASING, INC. FOR THE CLOSURE OF THE CITY LANDFILL BILL NO. 95-206 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS FROM BETTY J. DIETIKER; JAMES E. PALMER; AND JUANITA M. RATLIFF; ACCEPTING GENERAL WARRANTY DEEDS AND TEMPORAR�' CONSTRUCTION EASEMENTS FROM PETER E. COOPER AND WANETA L. COOPER; AND ACCEPTING A PERMANEIVT EASEMENT AND A TEMPORARY COI�ISTRUCTION EASEMENT FROM SIX THIRTY CORPORATION, INC. FOR THE SOUTH SPRIGG STREET ELEVATION PROJECT BILL NO. 95-203 AN ORDINANCE ESTABLISHING THE BOUI�IDARIES OF LATERAL SEWER DISTRICT NO. 12-LL-3, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-E AND 12-LL IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOs. 95-200, 95-189, 95-193, 95-194, 95-195, 95-196, 95-205, 95-206 and 95-203 were approved and the ordinances adopted upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-200 is ORDINANCE NO. 1778; BILL NO. 95-189 is ORDINANCE NO. 1779; BILL NO. 95-193 is ORDINANCE NO. 1780; BILL NO. 95-194 is ORDINANCE NO. 1781; BILL NO. 95-195 is ORDINANCE NO. 1782; BILL NO. 95-196 is ORDINANCE NO. 1783; BILL NO. 95-205 is ORDINANCE NO. 1784; BILL NO. 95-206 is ORDINANCE NO. 1785; BILL NO. 95-203 is ORDINANCE � NO. 1786. BILL NO. 95-202 was given first reading as follows: AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT IVECESSARY TO IMPROVE, PROiVIDING 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 $10.00 PER FRONT FOOT IN PAYMENT OF THE COST OF SAME ON CHARLES STREET FROM HAWTHORNE 312 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOfI September 18 1995 S-7a�en DRIVE TO WEST RODNEY DRIVE FOR A DISTANCE OF 625 FEET, WITH THE BALANCE TO BE PAID FROM GENERAL REVEI�TUE FUNDS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 95-202 was approvetl upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The improvements to Charles Street from Hawthorne Drive to West Rodney Drive were accepted and final payment to ASA Asphalt was authorized upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-216 was given first reading as follows: AN ORDINANCE ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM EMIL WILLIAM DEWROCK; AND MILDRED W. FOESTE, STEVEN L. FOESTE, PAMELA S. FOESTE, JAMES T. FOESTE AND MARY J. FOESTE FOR THE WASTEWATER TREATMENT PLANT ACCESS PROJECT The first reading of BILL NO. 95-216 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. 95-217 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT FROM EMIL WILLIAM DEWROCK FOR THE SOUTH SPRIGG STREET ELEVATION PROJECT The first reading of BILL NO. 95-217 was approved 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. 95-218 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF DKR FIRST SUBDIVISION Dr. Kasten made a motion, seconded by Mr. Eggimann, to approve the first reading of BILL NO. 95-218. Mr. Gateley made an amending motion, seconded by Mr. Eggimann, that BILL NO. 95-218 be declared an emergency measure and given all three readings. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, noneo After second and third readings were given, the original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 95-218 is ORDINANCE NO. 1787e BILL NO. 95-219 was given first reading as follows: 313 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular S@SSIOfI September 18 19 95 S-18 40 AN ORDINANCE APPROVING THE RECORD PLAT OF HUNTER'S PLACE 2ND SUBDIVISION The first reading of BILL NO. 95-219 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. 95-220 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF PEKIOS ADDITION The first reading of BILL NO. 95-220 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. 95-212 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AUTHORIZATION NO. SA WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR THE WATER TREATMENT AND DISTRIBUTION SYSTEM PROJEC'T The reading of BILL NO. 95-212 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. 95-212 is RESOLUTION NO. 1086. BILL NO. 95-214 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT WITH LOYD SLINKARD PAINTING CO.,INC. FOR EXTERIOR PAINTING OF THE CAPE RIVER HERITAGE MUSEUM The reading of BILL NO. 95-214 was approved and the resolution adopted 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. 95-214 is RESOLUTION NO. 1087. BILL NO. 95-213 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT WITH KAJACS CONTRACTORS, INC. FOR THE SANITARY OUTFALL RELIEF SEWER IMPROVEMENT PROGRAM The reading of BILL NO. 95-213 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. 95-213 is RESOLUTION NO. 1088. BILL NO. 95-221 was presented as follows: 314 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOfI September 18 �9 95 S.iA�en A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT AND IRREVOCABLE LETTER OF CREDIT WITH DKR PROPERTIES, L.L.C. AND CAPITAL BANK OF CAPE GIRARDEAU COUNTY, FOR DKR FIRST SUBDIVISION The reading of BILL NO. 95-221 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. 95-221 is RESOLUTION NO. 1089. BILL NO. 95-222 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN ASSIGNMENT OF LEASE AND SUBSTITUTION OF NEW LESSEE WITH AIR EVAC EMS, INC. AND MDI CORPORATION, AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 95-222 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. 95-222 is RESOLUTION NO. 1090. BILL NO. 95-223 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A TERMINATION OF LEASE AGREEMENT WITH MDI, INC. D/B/A PRESTIGE AIR SERVICES, AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 95-223 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. 95-223 is RESOLUTION NO. 1091. BILL NO. 95-215 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO AN APPRAISAL CONTRACT WITH MISSISSIPPI VALLEY REAL ESTATE SERVICES, INC. FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The reading of BILL NO. 95-215 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. 95-215 is RESOLUTION NO. 1092. BILL NO. 95-211 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT WITH ACCURATE ENVIRONMENTAL TECHNOLOGY FOR SOIL CLEAN- UP AT THE CAPE GIRARDEAU REGIONAL AIRPOR'I' 315 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SeSSIOfI September 18 �9 95 S-18240 The reading of BILL NO. 95-211 was approved and the resolution 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. 95-211 is RESOLUTION NO. 1093. ' A temporary 5% beer by the drink liquor license for St. Vincent DePaul Home & School Association, James D. Maurer, Managing Officer, for an event to be held at the A. C. Brase Arena Building on November 9-13, 1995, 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. The sanitary sewer improvements, storm sewer improvements and street improvements for Sewer District 12-WW-1, Jung Subdivision were accepted, and the escrow agreement covering these improvements was released upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The sanitary sewer improvements to serve Ruby Tuesday Restaurant, Sewer District 14E-1-C-1, was accepted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Eggimann made a motion, seconded by Dr. Kasten, to allow the Knights of Columbus to sell tootsie rolls at the following street intersections on Friday, October 6, from 3:30 p.m. to 6:30 p.m.: Kingshighway and William, Kingshighway and Broadway, Mt. Auburn and Independence, and Perryville Road and Cape Rock. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Regarding the request of the Colonial Cape Girardeau Foundation to meet with the City Councbl� it was the consensus of the Council that a meeting be set with the Foundation, the Council andl the Convention and Visitors Advisory Board after October 16. Dr. Kasten made a motion, seconded by Mr. Gateley, to adopt the recommendations of the City Council ad hoc committee on advisory boards. Mr. Gateley made an amending motion, seconded by Dr. Kasten, that the Housing Task Force, the Minimum Property Standards Review Committee, and the Solid Waste Task Force be eliminated. 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. Mr. Gateley requested a letter be sent to all members of these boards thanking them for their service and inviting them to apply for other city boards and commissions. Mayor Spradling welcomed Notre Dame students attending the meeting for their Civics class. There being no further business, the Council adjourned upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. 316 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOfI September 18 19 95 S-�a�dn . M. Spradling III, Ma ' � � ;`�.� � c-� ,�6�,��r ,' �� %����'��,i� Gay1�yL. Conrad, Deputy City Clerk