HomeMy WebLinkAboutCouncil.Minutes.04-04-1994.Regular 451
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $@SS1011 April 4 �9 94
SLL.13703
REGULAR 5ESSION - APRII, 4, 1994
Council convened in regular session on Monday, Apri14, 1994, at 7:30 p.m. with Mayor
Pro Tempore David Limbaugh presiding and Council Members Melvin Gateley, Melvin
Kasten, Doug Richards, A1 Spradling III, and Mary Wulfers present. Mayor Francis E.
Rhodes was absent.
The invocation was presented by Mr. A1 Spradling, and the Pledge of Allegiance was
recited.
Prior to the regular session, council convened in executive session for the purpose of
discussing contract and litigation issues upon Dr. Kasten's motion, Mr. Richards' second,
and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling,
Wulfers. Nays, none.
The minutes from the March 21, 1994, Regular and Executive Sessions were approved
upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes,
Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none.
The agenda was adopted as distributed to the Council upon Mr. Gateley's motion, Ms.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
Mr. Limbaugh welcomed several members of Boy Scout Troop 10. They aze attending
the meeting to fulfill requirements for their Citizenship to Community Badge.
This being the date set for a public hearing regarding the necessity to improve that part
of Le�ngton Avenue from Cape Rock Drive to Old Sprigg Road in the City of Cape
Girardeau, Missouri, the hearing was opened. There being no appearances, the hearing
was closed.
This being the date set for a public hearing regarding vacating the City's interest in a 30'
street right of way which runs along Lot 1, Lot 2 and Lot 3 of block 6, Brucher Heights
Subdivision, 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 James R. Evans and
George Godfrey for a special use permit for a bicycle repair shop in the garage at 27
South Henderson Avenue in an R-3, two 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 Southeast Missouri
Hospital Association for a special use permit for a parking lot at 1401, 1403, 1405,
', 1407, 1419 and 1423 Broadway in an R-4, multiple family residential district, the
hearing was opened. Mr. Steve Strom appeared on behalf of the hospital in support of
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $@SSIOn April 4 19 94
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this request. The parking lot will be at the southwest corner of Broadway and West End
Boulevard and will be for employees only. The entrance will be off of West End, and
there will be controlled access to the lot. There being no further appearances, the
hearing was closed.
After discussion, it was the consensus of the Council to table the first reading of BILL
NO. 94-65 to the April 18 City Council meeting. BILL NO. 94-65 reads as follows:
AN ORDINANCE GRANTTNG A SPECIAL U5E PERMIT TO SOUTHEAST
MISSOURI HOSPITAL ASSOCIATION, FOR PURPOSES OF CONSTRUCTING,
MAINTAIrTING AND OPERATING A PARKING LOT AT THE SOUTHWEST
CORNER OF BROADWAY AND WEST END BOULEVARD, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
This being the date set for a public hearing regarding the request of D & G Properties,
Inc. for a special use permit for a drive-in restaurant at 2126 Broadway in a C-2, general
business district, the hearing was opened. Mr. Mel Dockins appeared on behalf of D
& G Properties in support of this request and requested all three readings of BILL NO.
94-66. There being no further appearances, the hearing was closed.
After discussion, Dr. Kasten made a motion, seconded by Ms. Wulfers, directing D &
G Properties to prepare a traffic study for the area of the proposed restaurant site and
that BILL NO. 94-66 be tabled to the April 18 City Council meeting. The motion was
approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards,
Spradling, Wulfers. Nays, none. Mr. J. Ronald �scher, City Manager, directed Mr.
Dockins to contact City Engineer Kensey Russell if he had any questions about the scope
of the traffic study. BILL NO. 94-66 reads as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO D &G PROPERTIES,
INC., FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING
A DRIVE-IN RESTAURANT AT 2126 BROADWAY, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU, MISSOURI
Ms. Brenda Dohogne appeared before the Council and read a statement regarding the
appointment of a minimum property standards committee. A copy of the statement is
attached hereto and made a part of these minutes (Exhibit A). In response to Ms.
Dohogne, Mr. Fischer explained that in the present operating budget, the Council
approved one position for enforcement of a minunum property maintenance code if the
Council adopted such a code.
Mr. Walter Wright appeared before the Council in response to a complaurt that was
raised against him by Teresa Wright at the March 21 Council meeting. He stated that
on March 22, he had a City Inspector review the property at 238 South Sprigg for repairs
that needed to be made. He distributed to the Council a copy of the Field Inspection
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI April 4 19 94
SLL.13703
Report from the City Inspector, a copy of which is attached hereto and made a part of
these minutes (E�ibit B). He stated that all repairs have been made.
Mr. Tom Neumeyer appeared before the Council in support of minimum property
standards stating that there needs to be a partnership between tenants and landlords.
Mr. Charles Kupchella, 303 S. Spanish, appeared before the Council in support of
minunum property standards, stating that there needs to be a compromise between the
strict BOCA code and the draft changes to the code proposed by the Council.
Ms. Cecilia Sonderman, 1333 Oakley Drive, appeared and urged the City Council to
adopt minunum property standards.
Ms. Teresa Wright, 238 S. Sprigg #2, appeared before the Council and stated that the
damages at her residence were not tenant inflicted.
Mr. Melvin Gateley requested that the Police Department review what steps would be
necessary to change the intersection of Lexington and Sherwood from a two-way stop to
a four-way stop. He has received concerns from the residents in the area about the
traffic on Le�ngton.
Mr. Gateley questioned whether city staff had assisted Lone 5tar Industries in building
the temporary levy along South Sprigg Street during the Flood of 1993. The dirt left
along and on the road is dangerous and needs to be cleaned up, according to a Lone Star
employee. Mr. Fischer responded that the city staff did not assist Lone Star because the
temporary levy was built off of city right-of-way, but the staff would check on the street
conditions.
Mr. Gateley requested city staff to review the present ordinances to see if there is a
restriction on the hours that large vehicles, such as trash trucks, are allowed to run in
residential areas. He has received complaints about private trash trucks picking up refuse
during nighttime hours. Mr. Doug Leslie, Assistant City Manager/Public Works
Director, stated that the city runs their trash trucks only during daylight hours in
residential areas. However, some private haulers do operate during the evening hours.
Nuisance laws are available to handle noise complaints of this nature.
The following bills were given second and third readings:
BILL NO. 94-56 AN ORDINANCE NANIING VANTAGE DRIVE IN THE CITY
OF CAPE GIRARDEAU, MI550URI
BILL NO. 94-57 AN ORDINANCE NAMING HLTNTER'S LANE IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
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Proceedings of the City Council, City of Cape Girardeau, Mo.
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BILL NO. 94-60 AN ORDINANCE APPROVING THE SUPPLEMENTAL
RECORD PLAT OF NORTf�IELD 14TH SUBDIVISION
BILL NO. 94-61 AN ORDINANCE APPROVING THE RECORD PLAT OF
HLTNTER'S PLACE SUBDIVISION
BILL NO. 94-62 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A POLE LINE REMOVAL AGREEMENT WITH
iJ1VION ELECTRIC COMPANY FOR THE WALKER CREEK
CHANNEL
BILL NO. 94-63 AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM
STEPHEN E. STROM AND PATRICIA F. STROM FOR AN
EASEMENT IN NORTHFIELD FOURTEENTH 5UBDIVISION
The second and third readings of BILL NOS. 94-56, 94-57, 94-60, 94-61, 94-62, and
94-63 were approved and the ordinances adopted upon Mr. Spradling's motion, Ms.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards,
Spradling, Wulfers. Nays, none. BILL NO. 94-56 is ORDINANCE NO. 1505. BILL
NO. 94-57 is ORDINANCE NO. 1506. BILL NO. 94-60 is ORDINANCE NO. 1507.
BILL NO. 94-61 is ORDINANCE NO. 1508. BILL NO. 94-62 is ORDINANCE NO.
1509. BILL NO. 94-63 is ORDINANCE NO. 1510.
BILL NO. 94-70 was given first reading as follows:
AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF
BRUCHER STREET RIGHT-OF-WAY, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
After discussion, The first reading of BILL NO. 94-70 was approved upon Dr. Kasten's
motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Richards, Spradling, Wulfers. Nays, none.
BILL NO. 94-64 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO JAMES R. EVANS
AND GEORGE GODFREY,FOR PURPOSES OF MAINTAINING AND OPER.ATTNG
A BICYCLE REPAIR SHOP IN A GARAGE AT 27 SOUTH HENDERSON, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 94-64 was approved upon Mr. Spradling's motion, Mr.
Richards' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 94-67 was given first reading as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI April 4 19 94
SLL.13703
AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND A TEMPORARY
CONSTRUCTION EASEMENT FROM SOUTHEAST MISSOURI STONE COMPANY
FOR THE SOUTH SPRIGG STREET BRIDGE PROJECT
The first reading of BILL NO. 94-67 was approved upon Dr. Kasten's motion, Ms.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 94-68 was given first reading as follows:
AN ORDINANCE ACCEP'TING A GRNB�tAi. WARRANTY DEED AND A
TEMPORARY CONSTRUCTION EASEMENT FROM MICHAEL R. DUMEY AND
ELIZABETH A. DUMEY FOR THE CAPE LA CROIX CREEK/WALKER BRANCH
FLOOD CONTROL PROJECT
The first reading of BILL NO. 94-68 was approved upon Mr. Gateley's motion, Ms.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 94-69 was given first reading as follows:
AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS FROM JULIENE BRINKOPF BEARD; CARLYN
COX AND DONALD E. COX, JR.; AND CARL M. GROSS AND CHRISTINE D.
GROSS FOR THE BRINK STREET SEWER REPLACEMENT PROJECT
The first reading of BILL NO. 94-69 was approved upon Mr. Spradling's motion, Ms.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 94-73 was given first, second and third readings as follows:
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF CAPE
GIRARDEAU, MISSOURI, ON THE QLTESTION WHETHER THE CITY OF CAPE
GIRARDEAU SHALL ALLOW THE LICENSING OF EXCURSION GAMBLING
BOATS IN THE CITY; DESIGNATING THE TIlVIE OF HOLDING THE ELECTION;
AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE
ELECTTON
The first, second and third readings of BILL NO. 94-73 were approved and the
ordinance adopted upon Dr. Kasten's motion, Mr. Spradling's second, and the following
vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none.
BILL NO. 94-73 is ORDINANCE NO. 1511.
BILL NO. 94-72 was presented as follows:
i
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $@SSIOII A�ril 4 199�_
s���ra+
A RESOLUTION ADOPTTNG A NEW CITY COUNCIL POLICY REGARDING PAID
FIRE PROTECTION OUTSIDE CITY LIlVIITS
The reading of BILL NO. 94-72 was approved and the resolution adopted upon Mr.
Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley,
Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-72 is
RFSOLUTION NO. 911.
BILL NO. 94-71 was presented as follows:
A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI
DEPARTMENT OF SOCIAL SERVICES UNDER THE EMERGENCY SHELTER
GRANT PROGRAM, FOR SAFE HOUSE FOR WOMEN, INC. AND THE
SALVATION ARMY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL NECESSARY GRANT DOCUMENTS
The reading of BILL NO. 94-?1 was approved and the resolution adopted upon Mr.
Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-71 is
RFSOLUTTON NO. 912.
Mr. Bob White, Ms. Doris Dace, and Ms. Emily Mellies were appointed to the Historic
Preservation Commission for a term expiring April 16, 1997, upon Dr. Kasten's motion,
Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh,
Richards, Spradling, Wulfers. Nays, none.
Ms. Charlene Peyton was appointed to the Public Libraiy Board for a term expiring June
30, 1996, upon Mr. Limbaugh's motion, Mr. Gateley's second, and the following vote:
Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none.
The plans for the extension of the water distribution system to serve Mid-South 5tee1
were approved upon Mr. Spradling's motion, Dr. Kasten's second, and the following
vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none.
It was the consensus of the Council to table to the April 18 City Council meeting the
discussion regarding establishment of Minunum Property Standards. ',
BILL NO. 94-74 was presented as follows: '�
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING CONCE1tNING SECTION 18 TRANSIT
FUNDING ALLOCATTON
The reading of BILL NO. 94-47 was approved and the resolution adopted upon Mr.
Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley,
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCt _��ril 4 19 S�
SLL.13703
Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-74 is
RESOLUT'ION NO. 913
Conditional approval was given for a 5% beer by the drink liquor license for Midwest
Energy, Inc., d/b/a Ye Ole House, 120 Broadway, Laura Younghouse, Managing
Officer, upon Dr. Kasten's motion, Mr. Spradling's second, and the following vote:
Ayes, Gateley, Kasten, L'unbaugh, Richards, Spradling, Wulfers. Nays, none.
There being no further business, the Council adjourned upon Dr. Kasten's motion, Ms.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
David S. Limbaugh, Mayor Pro Tempore
/�,M. S�J,C'i�lJu�/4- �',�?hvVP.
� ,'
, � �,� .
Gayle . Conrad, Deputy City Clerk
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Session 19
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Exhibit A
. 459
APPOINTMENT OF MINIMUI�� PROPERTY STANDARDS COMMITTEE
I am concerned about Mr. Fisher' s proposed recommendation
that the city council direct him to appoint a committee to
draft a minimum property standards ordinance that would lead
to a law specifically tailored to meet the needs of this region.
This committee � as he has� proposed; would be comprised� of repre-
sentatives of those departments responsible for enforcement of
minimum property standards � i.e. , inspection, planning, fire ,
police , and legal departments. Although these persons would
certainly be capable cf the task before tl�em, I question the
wisdom of appointing city employees to draw up a minimum pro-
perty code. Let us give serious consideration to appointing
a committee comprised of private citizens---who are not paid
emplo,yees of the city---to draft a set of minimum property
standards which will effect their fellow citizens. The truth
is , peoAle want a more direct voice in the laws that govern
them� and a committee comprised of private citizens would be
an ideal means of accomodating this very ,legitimate desire.
Also , we as a city need to ask ourselves � "Are we willina
to hire the additional personnel necessary for enforcing a
minimum property code?" The way our city government is cur- �
rently structured, our health officers would be responsible
for enforcing the proposed code . However, we only have two
health officers ; and they are responsible for the entire city.
- Exhibit A
� 460
Their job description already includes health officer, dog
catcher, weed abatement � and zonin� enforcement. If we are
serious about enforcing the proposed code , we will need one
to two more personnel. If we are not willing to commit the �
l
finances necessary for enforcement, the adoption of a minimum 4
property code will be to no avail.
Respectfully submitted ,
Brenda Dohogne • - _ _
�
�
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" CITY pg �pg GI���II Exhibit B
DIVISION OF PLANNING SERVICES 461
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