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HomeMy WebLinkAboutCouncil.Minutes.04-18-1994.Regular 469 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCt Anril 18 19 �� SLL.13703 REGiJLAR SESSION - APRII. 18, 1994 Council convened in regular session on Monday, April 18, 1994, at 7:30 p.m. with Mayor A1 Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin Kasten, Tom Neumeyer and JJ Williamson present. The invocation was presented by Rev. Kim Ferguson, Pastor of Cornerstone Assembly Church, 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. Williamson's second, and the following vote: Ayes, Eggimann, Gateley,Kasten, Neumeyer, Spradling, Williamson. Nays, none. The minutes from the Apri14, 1994, Regular and Executive Sessions and the April 11, 1994, Special Session were approved upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The agenda was adopted as distributed to the Council upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Michael Sterling, President of the NAACP, appeared before the Council regarding the establishment of Minimum Property Standards and low income housing in the city. He stated that these issues have been reviewed for several years, and it is time to take action. He distributed a letter to the Council from the NAACP, which was read by Debra Willis, Community Action Chauperson of the NAACP. A copy of the letter is attached hereto and made a part of these minutes (E�chibit A). Ms. Debra Willis appeared and stated that these issues have been brought to the attention of the National Board of the NAACP. In addition, the local chapter of the NAACP wants to see additional recreation, education and transportation in the southeast part of the city. Mr. Mike Ballou, 409 N. Louisiana, appeared in support of BILL NOS. 94-85 and 94- 86 regarding parking in the 300 and 400 blocks of North Louisiana. He presented a video of a tractor trailer trying to enter the Southeast Missouri Hospital parking lot from Louisiana Street. He stated that the residents in the area are concerned that if parking is prohibited on this street that it will increase the speed of the traffic. Mr. Charles Stiver, 406 N. Louisiana, appeared in support of BILL NOS. 94-85 and 94-86 regarding parking in the 300 and 400 blocks of North Louisiana. BILL NO. 94-85 was given first reading as follows: 470 Proceedings of the City Councii, City of Cape Girardeau, Mo. R��,�1 ar S@SSIOII April 18 1 g 94 SIL.13703 AN ORDINANCE AMENDING SCHEDULE P OF SECTTON 26-248 OF THE CITY CODE, BY REPEALING A LOCATION ON LOUISIANA AVENUE The first reading of BILL NO. 94-85 was approved upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten (abstain), Neumeyer, Spradling (abstain), Williamson. Nays, none. BILL NO. 94-86 was given first reading as follows: AN ORDINANCE AMENDING SCHEDLTLE F OF SECTION 26-247 OF THE CITY CODE, BY REPEALING A LOCATION ON LOUISIANA AVENUE AND ESTABLISHING NO PARKING ON LOUISIANA AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-86 was approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten (abstain), Neumeyer, Spradling (abstain), Williamson. Nays, none. Mr. Don Greenwood of the Downtown Neighborhood Association appeared and stated that the Association had met with residents in the older parts of town and with long term residents of the city, and the Association supports the adoption of the BOCA Property Maintenance Code. Ms. Cecilia Sonderman, 1333 Oakley Drive, appeared in support of adoption of the BOCA Property Maintenance Code. Mr. Mel Dockins appeared on behalf of D & G Properties in support of BILL NO. 94- 66 granting a special use permit for a drive-in restaurant at 2126 Broadway. In addition, he requested that the Ordinance be declared an emergency measure and given all three readings. BILL NO. 94-66 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT 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 Dr. Kasten made a motion, seconded by Mr. Williamson to approve the first reading of BILL NO. 94-66. Mr. Gateley made an amending motion, seconded by Mr. Neumeyer, to declare BILL NO. 94-66 an emergency measure as outlined in the City Code of Ordinances. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. 4 /1 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOt1 April 18 i 9 94 SIL.13703 BILL NO. 94-66 was given second and third readings. The second and third readings of BILL NO. 94-66 were approved and the ordinance adopted upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-66 is ORDINANCE NO. 1513. Mr. Jack Ruopp appeared in support of BILL NO. 94-83 and stated that he had no plans to subdivide the land. BILL NO. 94-83 was given first, second and third readings as follows: AN ORDINANCE APPROVING A PLAT OF AN INGRESS-EGRESS EASEMENT FOR JACK R. RUOPP AND JATTICE A. RUOPP AS AN APPROVED PLACE FOR RESIDENTIAL DEVELOPMENT PURPOSES, SAID EASEMENT BEING LOCATED IN PART OF FRACTIONAL SECTION 35, TOWNSHIP 31 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first, second and third readings of BILL NO. 94-83 were approved and the ordinance adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-83 is ORDINANCE NO. 1514 The following bills were given second and third readings: BILL NO. 94-70 AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF BRUCHER STREET RIGHT-OF-WAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 94-64 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JAMES R. EVANS AND GEORGE GODFREY, FOR PURPOSES OF MAINTAIIVING AND OPERATING A BICYCLE REPAIR SHOP IN A GARAGE AT 27 SOUTH HENDER50N, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 94-67 AN ORDINANCE ACCEPTTNG A PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FROM SOUTHEAST MISSOURI STONE COMPANY FOR THE SOUTH SPRIGG STREET BRIDGE PROJECT BILL NO. 94-68 AN ORDINANCE ACCEPTING A GENERAL WA�RRANTY 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 472 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular SeSS10►1 _ April 18 19 94 SLL.13703 BILL NO. 94-69 AN ORDINANCE ACCEPTZNG PERMANENT EASEMFNTS 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 second and third readings of BILL NOS. 94-70, 94-64, 94-67, 94-68, and 94-69 were approved and the ordinances adopted upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-70 is ORDINANCE NO. 1515. BILL NO. 94-64 is ORDINANCE NO. 1516. BILL NO. 94-67 is ORDINANCE NO. 1517. BILL NO. 94-68 is ORDINANCE NO. 1518. BILL NO. 94-69 is ORDINANCE NO. 1519. Mr. Gateley, announced that this week is Spring Clean-Up week for the City. Mr. Doug Leslie, Assistant City Manager and Public Works Director, explained that all residents can place materials at the curb on their normal trash day for pickup. Mr. Gateley announced that Saturday, April 23, is the 7th annual Friends of the Park Day. Mr. Dan Muser, Parks & Recreation Director, explained that anyone who is interested in participating should report to Capaha Park at 9:00 a.m. on Saturday. All participants will receive a free lunch and t-shirt. Mr. J. Ronald�scher, City Manager, reminded everyone that the City Council retreat is scheduled for Friday and Saturday, April 29 and 30, at the Black Forest Village. BILL NO. 94-65 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SOUTHEAST MISSOURI HOSPITAL ASSOCIATION, FOR PURPOSES OF CONSTRUCTING, MAINTAI1vING AND OPERATTNG A PARKING LOT AT THE SOUTHWEST CORNER OF BROADWAY AND WEST END BOULEVARD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Neumeyer made a motion, seconded by Mr. Gateley to approve the first reading of BILL NO. 94-65. Mr. Eggimann made an amending motion, seconded by Mr. Gateley, to change the special use permit by requiring that the entrance to the parking lot be at the southernmost point from the Broadway/West End Boulevard intersection. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten (abstain), Neumeyer, Spradling (abstain), Williamson. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten (abstain), Neumeyer, Spradling (abstain), Williamson. Nays, none. BILL NO. 94-78 was given first reading as follows: 473 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SS1011 April 18 1 g 94 SLL.13703 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FROM DAVID L. GROSS AND ROBYN GROSS FOR THE BRINK STREET SEWER REPLACEMENT PROJECT After discussion, The first reading of BILL NO. 94-78 was approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-84 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF FARRAR DRIVE SUBDIVISION The first reading of BILL NO. 94-84 was approved upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-88 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ROUTE K NORTH SUBDIVISION The first reading of BILL NO. 94-88 was approved upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-89 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF T�IE REPLAT OF LOT NO. 5, MOiTNT AUBURN SUBDIVISION NO. 5 The first reading of BILL NO. 94-89 was approved upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-81 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AUTHORIZATION NO. 1 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC., FOR THE CITY'S POTABLE WATER TREATMENT AND DISTRIBU'TION SYSTEM 47� Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOII April 18 19 94 SlL 13703 The reading of BILL NO. 94-81 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-81 is RFSOLUTION NO. 916. BILL NO. 94-82 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PIPER G F�D'SEWERAGE SYSTEM REHABILITOA ON CITY'S STATE REVOLVI FINANCING After discussion, the reading of BILL NO. 94-82 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-82 is RESOLLTT'ION NO. 917. BILL NO. 94-87 was presented as follows: A RESOLUTION ESTAB L M���FRO�wA� 3 I THE CIT'Y OF CAPE SELECTION OF A COUNCI GIRARDF.AiJ, MISSOURI The reading of BILL NO. 94-87 was approved and the resolution adopted upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 94-87 is RFSOLUTION NO. 918 Mr. Melvin Gateley was appointed Mayor Pro Tempore upon �r�;Gatele'S Kasten, Mayor Spradluig s second, and the following vote: Ayes, Egg Y Neumeyer, Spradling, Williamson. Nays, none. Mr. Fischer stated that the Mayor and Mayor Pro Tempore serve on the Board of Directors for the Public Facilities Authority. Mr. Eggimann made a motion, seconded by Mr. Williamson, to table the appointment of an ex-officio member to the Cape Girardeau Chamber of Commerce Board of Directors. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The water main extension to serve Mount Auburn 4th Subdivision 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, Spradling, Williamson. Nays, none. 475 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S2SSIOCI Anril 18 19 9�_ SLL.13703 The fmal release of escrow in the amount of $13,043 for improvements in Woodland Place No. 8 Subdivision was authorized upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Williamson. Nays, none. Spradling abstained for fmancial reasons. The preliminary plat of Northfield Sixteenth Subdivision was approved upon Mr. Williamson's motion, Dr. Kasten's second, and the followi.ng vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Regarding the establishment of minimum property standards for the city, Mr. Eggimann made a motion that the issue be tabled to the May 2 City Council meeting to allow time to review the material presented. The motion died for lack of a second. Regarding minimum property standards, Mr. Gateley suggested the following: 1. The Council review the draft standards presented by the Board of Appeals and come up with a code that can be approved; or 2. A committee be formed to work with the Council and develop a code that can be approved. Members of the committee could include the Downtown Neighborhood Association, the Board of Appeals, two tenants, two property owners, and a staff member. Ms. Debra Willis appeared and stated that a member of the NAACP should be included on this committee. After discussion, Mr. Gateley made the following motion: That a committee be appointed to work with the City Council in developing draft Minimum Property Standards for the City. The committee would include one member of the Downtown Neighborhood Association, one member of the NAACP, one member of the Board of Appeals, two tenants/renters, two landlords, one residential property owner, and one member of the city staff. The committee would be appointed at the May 16 council meeting and would be given 60 days to prepare a draft code. The motion was approved upon Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. There being no further business, the Council adjourned upon Mayor Spradling's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. �� A. . Spra ling III, Mayor � , � r;; ,, � s Gayle. . Conrad, Deputy City Clerk 476 Proceedings of the City Council, City of Cape Girardeau, Mo. Session 19 SLL 13700 TIiIS PAGE INTENTIONALLY LEFT BLANK Exhibit A • �o�.�NE AOVq,y�F�� 477 � y� � o, ' � NAACP \ o Tt►e Cape Girardeau Chapter of the National Association for the Advancement of Colored People s t9o9 a P.O. Box 417 • Cape Girardeau, MO 63702-0417 � >by��1dN . ��ao�ao Gpe Ginrdeau NMCP � Offkrrs and FxecvHve — eo.�a M�,►����z-�ril 18, 1994 .. ��Mr.Michael J.Steriing Branch Presidmt � ���r�,�ionorable A.L. Spradling, III, Mayor lu v�-�am= Cape Girardeau City Council et al � • 401 Independence Mr.Freddy F�a p,0. Box 617 - 2nd Vice-Presidmt Cape girardeau, MO 63701 - - � ►,�.m�,�,e�� • �rv Dear Mayor and Council Members: Ms.Linda Fulton We, the o�cers and executive members of the Cape Girazdeau NAACP are addressing this letter Treasurer to you to express our grave concern for the southeast area of our city. For the last three years Mr.Qyde Benson our local branch along with many concemed citizens have been trying to impress upon you the �`"'a�a'"d°5°`� need for the BOCA property maintenance code. Cape Girardeau is the largest city in Missouri without any type of minimum property maintenance code. Mr.James Williamson Youth Coordvutor You have receive� numerous complaints from tenants and landlords and the answer is always the Mrs.Mgela Ford same "there's nothing we can do without a property maintenance code". This code is vital for the Membeiship q�ity of life, especially for people in the lower socio-economic status. Mrs.Barbsra Swan life Membership The appeals board, along with the fire department have recommended this code to the ciry. But, you still refuse to write it into law. This code will also stimulate higher re-sale value on property Mn o��M�,,���5 and improve the way our city looks. We have made several attempts to work with you on this H��g matter but it is apparent that you do not intend to work on behalf of the less fortunate citizens of � �b��.� our city. Your refusal to make a decision that would have such a positive impact on so many Communih�Action lives is evidence of your lack of concern for Cape Girardeau citizens who just happen to be on the lower socio-economic scale. Mr.Freddv Ford � Legal Redress We appeared before you in June 1993 asking you to activate or reappoint a Housing Authority to Mrs.Juanita Spicer look into procuring funds to build low income housing. You then assigned a Housing Task Force Education to gather information peninent to assessing the need for low income housing. In December 1993 the recommendation by this task force was that we are in need of a minimum housing of 150 . Mr.James Hudson housing units IMMEDIATELY. Also, the local NAACP gave figures of over 355 families that � Palitical Action were either living with relatives in over crowded conditions or paying over 85% of their income M�.�m cra� in rent. Again you refused to go forth and rectify these deplorable conditions. Freedom Fund The conditions continue to worsen, poorly maintained property continues to deteriorate, while Mrs.Ruth Hathaw�a��Cr1111C, teen pregnancy, illiteracy and unemployment continue to escalate. All of these problems Emnomic De�•elopment are sometimes born, bread and always heightened when living conditions are less than adequate. - • Exhibit A 478 If you represent the city as a whole, as you say you do - then why is the southeast area of town the most overcrowded, blighted area of this whole city? Out of the three homicides occurring in Cape Girardeau last year they all happened in the southeast area of town. How can people be expected to feel good about themselves or their city when their ciry offici�ls clearly don't care about them? Economic growth, adequately kept and/or equipped recreational facilities are basics that this city obviously feels low income citizens have no right to or additionally, the absence of citywide public transportation. Many low income citizens desire to work but lack of transportation keeps them from seeking and keeping a job. Yet, you continue to ignore the citizens on our southeast side and the mere basics that many of them need to help themselves. The southeast area of town needs more than a token community block grant, it needs your immediate attention and resources to bring it up to standards. As we write this letter there has been yet another shooting where - on the southeast east side of town. Decent living conditions, clean neighborhoods, transportation and adequate recreational facilities are all conducive to learning and success. - Many young people are not being exposed to these basic learning and character building blocks to success. We are once again asking you who have all the facts in hand to ezpedite the implementation of the BOCA maintenance code and Housing Authoriry. People who are in the lower sociaeconomic scale deserve to enjoy the same benefits as others in this city. We must begin to help the citizens who live in squalid, degrading conditions against their desire only because it's all that's available. The NAACP historically advocates positive change and this can only come about by the relentless and cooperative efforts of both our organizations. We request your response within 10 days after receipt of this letter. Best personal reg ds, ;�/' / � , (,�� C � �� J . Cape Girardeau AACP Michael Sterling, President Executive Board Members cc: Mrs. Ina Boon Director Region N NAACP Mrs. Mary Ratliff State President NAACP Housing Director National O�ce NAACP Governor Mel Carnahan Congressman Bill Emerson Senator Peter Kinder Representative Mary Kasten