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Home My WebLink AboutCouncil.Minutes.03-03-1997.Regular 189 Proceedings of the City Council, City of Cape Girardeau, Mo. Regulaa° SeSsion �arch 3 1 g 97 S23787 _ � REGULAR SESSION-MARCH 3, 1997 I Council convened in regular session on Monday, Ivlarch 3, 1997, 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. I The invocation was presented by Rev. Art Hunt of Christ Presbyterian Church, and the Pledge of Allegiance was recited. � The City Council convened in executive session prior to the regular session for purposes of discussing property acquisition upon Mr. Gateley's motion, Mre Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. I�Iays, none. The minutes of the February 19, 1997, regular session were approved upon Dr. Kasten's motion, Mre Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, nonee 'The agenda was adopted as distributed upon Mr. Neumeyer'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 the City of Cape Girardeau Capital Improvements Program for 1997-2002, 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 Jerry L. and Dorothy L. Schlegel and B & B Properties, L.L.C., d/b/a Ford Groves, to rezone 1502 North Kingshighway from C-1, local commercial district, to G2, general commercial district, the hearing was opened. Mr. Bob Neff appeared in support of the rezoning and requested BILL NO. 97-30 be given emergency reading. There being no further appearances tlie hearing was closed. BILL NO. 97-30 was given first reading as follows; AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CIT1' OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 1502 NORTH KINGSHIGHWAY, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM C-1 TO C-2 Mr. Neumeyer made a motion, seconded by Mr. Williamson, to approve the first reading of BILL NO. 97-30. Mr. Eggimann made an amending motion, seconded by Mr. Gateley, declaring BILL NO. 97-30 an emergency measure and authorizing second and third readings. The 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. 97-30 was then given second and tlurd readings. Mr. Williamson made a motion, seconded by Mr. Gateley to approve the second and tlurd readings of BILL NO. 97-30. The mot�on was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-30 is ORDINANCE NO. 2124. � ( 190 Proceedings of the City Council, City of Cape Girard�au, Mo. Regular SeSSiOn �rch 3 19 97 523787 � A public hearing regarcling the request of Second Baptist Church for a special use permit to construct a new church facility at 428 South Frederick Street in an It-3, two-family residential district, the hearing was opened. Mr. Emmett Baker appeared in support of the special use permit and requested BILL NO. 97-31 be given emergency reading. 'I'here being no further appearances the hearing was closed. BILL NO. 97-31 was given first reading as followse AN ORDINANCE GRANTIN(B A SPECIAL USE PERMIT TO SECOND BAPTIST CHURCH, FOR PURPOSES OF CONSTRUCTING, iVI�INTAINING AND OPERATING A CHURCH AT 428 SOUTH FREDERICK STREET, IN THE CITY ANI) COUNTY OF CAPE GIRARDEAU, MISSOURI Dr. Kasten made a motion, seconded by Mre IVeumeyer, to approve the first reading of BILL NO, 97-31. Mr. (iateley made an amending motion, seconded by Mr. Williamson, declaring BILL NO. 97-31 an emergency measure and authorizing second and third readings. The motion was approved �i upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, � Williamson. Nays, none. The original motior�was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Iiickard, Spradling, Williamson. Nays, none. BILL � NO. 97-31 was then given second and third readings. Dr. Kasten made a motion, seconded by Mr. Eggimann, to approve the second and third readings of BILL NO. 97-31. The motion was approved upon the following vote: Ayes, Eggimann, Ciateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-31 is ORDINANCE NO. 2125. Mr. Ron Clark appeared to answer any questions regarding the expiraUon of letter of credit for � Clarkton Place IV Subdivision. He explained why completion of this subdivision has been delayed and the reasons he is requesting an extension of the �etter of credite �Ie stated that Phase III will be replatted and subirutted to the Plamung and Zorung Commission for approval. Following discussion, � 1VIr. Gateley made a motion, seconded by 1VIre Eggimann, to extend the letter of credit for Clarkton �� Place IV Subdivision 120 days from the date of expiration. The motion was approved upon the ll following vote: Ayes, Eggimann, Gateley, Kasten, 1Veumeyer, Rickard, Spradling, Williamson. �I Nays, none. � Mr. Neumeyer questioned what the city is doing to prepare for potential flooding. Public Works Director poug L.eslie stated with the crest at 39.58', approximately five streets will be affected. The water and wastewater plants have taken some precautionary measures, and some construction projects have been halted. The follow►ng bills were given second and third readings. , BILL NO. 97-21 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED � FROM WESLEY J. AND NELDA L. STEFFEN FOR THE CAPE LA CROIX CREEK/WAI.,KER BRAIVCH FLOOD CONTROL PROJECT BILL NO. 97-22 AI�i ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONS'fRUCTION EA5EMENTS FROM WILLIAM LARRY McKINNEl' AND CAROI.E ANN McKINNEY; WILLIAI�I Oe MORROW AND FLORENCE D, MORROW; DENNIS R. HAERTLING AND UNIVERSAL ItEAL ES'TATE, INC.; JERRY GENE LEWIS AND I BEVERLY A, LEWIS ANI� DELMER LEE LEWIS AND BRENDA K, �� 191 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSiOn March 3 19 9'7 S23787 1 LEWIS FOR THE TWIN LAKES SUBDIVISION SANITARY SEWER PROJECT ( BILL NO. 97-23 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS F'ROM HUEY D, � TEWIS AND LINDA I,. °TEWIS; FRED STEPPER AND MADGENA I. I STEPPERy LAVERNE fi, L,AUXMAN AND SANDRA H, LAUXMAN I FOR THE TWIN LAKES SUBDIVISION WATER MAIN EXTENSION PROJECT BILL NO. 97-26 AN ORDINANCE APPROVING THE RECORD PLAT OF SIX THIRTY THIRD SUBDIVISION The second and third readings of BILI, NOs. 97-21, 97-22, 97-23 and 97-26 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. 97-21 is ORDINANCE NO. 2126; BILL NO. 97-22 is ORDINANCE NO. 2127; BILL NO. 97-23 ; is ORDINANCE NO. 2128; BILL NO. 97-26 is ORDINANCE NO. 2129. BILL IVO. 97-32 was given first reading as followse ORDINANCE ACCEPTING A PERMANENT EASEMENT AND TEMPORARY CONSTRUG j f TION EASEMENT FROM PAMELA GALE JOHNSON, CHAPTER 7 TRUSTEE FOR THE j I ESTATE OF PANHAIVDLE SOUTHERN, INC., DEBTOR, CAUSE NO. 96-41423-HS-7, IN THE �� UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS, ,j HOUSTON DIVISION, FOR THE SANITARY SEWER IMPROVEMENT PROGRAM PHASE I � COLLEGE/HENDERSON NORTH CSO SEWER �I „ The first reading of BILL NO. 97-32 was approved upon Mr. Williamson's motion, Dr. Kasten9s !I second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, I i Williamson. Nays, none. i �� BILL NO. 97-33 was given first reading as follows: �I _+ AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM JOSEPH A. SCHLOSSER AND PATRICIA J. SCHLOSSER FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The first reading of BILL NO. 97-33 was approved upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, nonee BILL NO. 97-35 was presented as follows: I A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO i SEEK FUNDING THROUGH THE "COMMUNITY DEVELOPMENT BLOCK GRANT'° PROGRAM AND AUTHORIZING THE CITY MANAGER TO PURSUE ACTIVITIES IN AN ATTEMPT TO SECURE FUNDING FOR A NEIGHBORHOOD REHABILITATION PROJECT � ( 192 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SessiOtl March 3 1 g 97 523787 7'he reading of BILL NO. 97-35 was approved and the resolution adopted upon Mr, Neumeyer's motion9 Dr. Kasten's second, and the following votee Ayes, Eggimann, Gateley, Kasten, IVeumeyer, Rickard, Spradling, Williamson. Nays, none. BILL. IvO, 97-35 is ItESOLUTION NO, 1237> BILL NO. 97-36 was presented as followse � A RESOLUTION AUTHORIZING THE CITY iVIANAGER TO EXECUTE A SUPPLEMEN'fARY URBAN AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR THE HIGHWAY 74 RELOCATION PROJECT Tl�e reading of BILL NO. 97-36 was approved and the resolution adopted upon Dr. Kasten's motion, I Mr. Gateley's second, and the following voteo Ayes, �ggimann, Gateleyy 11QSWT�y IVeumeyer, i Rickard, Spradling, VVilliamson. flVays, none. BIL,L NO. 97-36 is RESOLUTION NO. 1238e BILL NO. 97-37 was presented as follows: � A RESOLU7'ION �►UTHORIZING THE CI'TY MANAGER TO EXECUTE AN AGREEMENT WITH DUTCH ENTERPRISES, INC., FOIt A NEW CHILLER FOR CITY HALL The reading of BILL NO. 97-37 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, Spradlin�, Williamsone Nays, none, BILL NO. 97-37 is RESOLUTION NO. 1239e Mayor Spradling made a motion, seconded by Mr. Eggimann, to amend the Policy Statement for use (� of Public Access Channel5 by adding the following statement: "The City of Cape Girardeau reserves the right to decide when all programs will be aired.'° The motion was approved upon the following vote; Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. � The four bids were rejected for the removal and replacement of co�crete on Runway 10-28, Taxiway A, and the terminal apron at the Cape Girardeau Regional Airport, upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, � Spradling, Williamson. Nays, none. �� A retail lic�ior by the drink license was approved for Gene Murphy, d/b/a Murphy's, 632 Broadway, Gene Murphy, Managing Officer, upon Dre Kasten's mot�on, Mr. Williamson's second, and the following voteo Ayes, Eggimann, Gateley9 Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL, iVO. 97-39 was presented as follows: A RESOLUTION AUTHORIZING TI�CITY MANAGER TO EXECUTE A CONTRAC'T WITH B & B ASBESTOS & LEAD ABATEMENT, INC. FOR ASBESTOS ABATEMENT SERVICES FOR THE 1995 FLOOD BUYOUT PROGRAM The reading of BILL NO. 97-39 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote; Ayes, Eggimann, Gateley9 Kasten, Neumeyer, Rickard, Spradling, Williamson. I�1ays, none. BILI. NO. 97-39 is RESOLUTION NO. 1240. il 193 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 3 19 97 S23787 There being no further business, the Council adjourn upon Mr. fiateley's mot�on, Mr. Neumeyer's motion, and the following vote: Ayes, Eggimann, ateley sten, Neumeyer, Rickard, Spradling, � Williamson, Nays, none. I ' ° �} � A. . Spradhng III, Mayo �, �/ l ayle . Conrad, Deputy City Clerk I' � I � � i I I i� � I. � il I I �� 11 �. � r' �