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Home My WebLink AboutCouncil.Minutes.04-07-1997.Regular 203 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Apri17 19 97 523787 REGULAR SESSION-APRII.7, 1997 Council convened in regular session on Monday, April 7, 1997, 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. Wes Wright, Mt. Auburn Christian Church, and the Pledge of Allegiance was recited. The City Council convened in executive session prior to the regular session for purposes of discussing litigation and property acquisirion upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The minutes of the March 17, 1997, regular and executive sessions were approved upon Dr. I{asten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley9 Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The agenda was adopted as distributed upon Dro Kasten's motion, Mr. Gateley's second, and the following votee Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mayor Spradling introduced Bruce Loy, the new Airport Manager for the City. This being the date set for a pubGc hearing regarcling the request of Mr. and Mrs. William D. Cheek to rezone 2336 Kingsway Dr. from R-1, suigle family residential district, to G2, general commercial � district, the hearing was opened. Mr. Charlie Herbst appeared on behalf of Mr. and 1VIrs. Cheek in support of the request and to answer any questions. There being no further appearances, the hearing was closed. BILL IVO. 97-47 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 ZONING OF 2336 KINGSWAY DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO C-2 The first reading of BILL NO. 97-47 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. Ttus being the date set for a public hearing regazcling the request of Holigan Homes, Inc. for a special use permit for a display home/sales office at 3913 Scenic Drive in an R-1, single family residential district, the hearing was opened. There being no appearances, the hearing was closed. Tlus being the date set for a public hearing regarding the request of David K. and Edith R. Lowes for a special use permit for a family day care home for ten children at 626 Woodbine Place in an R-1, single family residential district, the hearing was opened. Ms. Edith Lowes appeared in support of I the request and to answer any questions. Mr. Gateley questioned the parking areas; she stated her � driveway can accommodate four cars, but most vehicles will not park for an extended period of time. There being no further appearances, the hearing was closed. 204 Proceedings of the City Council, City of Cape Girardeau, Mo. � Regular Session �pril 7 19 97 523787 BILL NO. 97-49 was given first reading as followse AN ORDINANCE GRANTWCd A SPECIAI.,L1SE PERMIT TO DAVID K. L,OWES AND EDITH R. LOWES, FOR PURPOSES OF IVIAINTAINII�1Ca AND OPERATINCi A FAMILl' DAY CARE HOME FOR TEN CHILDREN AT 626 WOODBINE PLACE, IN THE CIT�' AND COUNTI'OF CAPE GIRARDEAU, MISSOURI 'The first reading of BILL. NO. 97-49 was approved upon Mr. Eggimann9s motion, Mre I�ckard's second, and the following votee Ayes, Eggimann, Ciateley, ICasten, Neumeyer, Rickard, Spradling, Willlamsono IVays, nonee This being the date set for a public hearing regarding the request of Cape Girardeau Public School District #63 for a special use permit to erect a 60 foot Yall communication antenna at Jefferson Elementary School, 520 South Minnesota Avenue, in an R-2, single 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 Robert A. and Anna R. Drury for a special use pertnit for a four story office building at 3065 William Street in an C-2,general commercial 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 Cape Gu-ardeau Public School District #63 for a special use permit to erect a 70 foot tall communication antenna at Washington Elementary School,621 North Fountain Street,in an 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 proposed amendments to the Zoning Ordinance to Section 30-2 adding a definition for floor area ratio, Section 30-29 relating to allowable uses in C-2, ( and Section 30-38(d)(3) relating to driveway turnarounds, the hearing was opened. There being no appearances, the hearing was closed. T'his being the date set for a public hearing vacating the City9s interest in a strip of land 10 feet wide, lyu�g 5 feet on either side of the line between Lots 6 and 7,Block l, Oak Hills Subdivision,the hearing �vas opened. There being no appearances,the hearing was closed. N6-. Bob I�obbins presented the 1996�nnual report of the\lision 2000 Commuruty Relations Council. ICathy Swan introduced flnembers of the corntriiktee. l�lelvin Gateley presented information on con�tnunily spirit,Mary Miller discussed the community information network,Ann Gifford and Kathy Swan discussed education,information on business/industry/jobs was presented by Mitch Robinson, Teri � Goodman discussed the Public Awareness programs, planning and zoning were reviewed by Doug � Leslie, Mark Lester reviewed traffic flow and street nnprovements, and Mary Miller reviewed tourist participation. Mr. Michael Cherek appeared to discuss a letter he received from Alliance Water Resources regarding backflow valves required for his lawn irrigation system. He questioned why only a few residents in his neighborhood who have irrigation systems received the letter,and why the system must now be inspected annually by a licensed inspector. City Manager MichAel Miller stated that the State of Missouri now requires these backflow measwes. He will look into this matter and respond to the City Council and Mr, Cherek. BILL NO. 97-38 was given first reading as follows: I 205 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular April7 19 97 _________ ____ Session 523787 I AN ORDINANCE ESTABLISHING TI-IE BOLJIVDARIES OF LATERAL SEWER DISTRICT NO, 12-PP-7 & 14-L-7, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 12-PP & 14-L The first reading of BILL NO. 97-38 was approved upon Mr. Gateley's mot�on, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The street improvements, storm sewers located in the street right-of-way, stormwater improvements, sanitary sewers and water improvements to serve Pindwood Place Subdivision were accepted into the city's system upon Dr. Kasten's motion, IVIro Williamson's second, and the following votee Ayes, Eggimann, Gateley, Kasten, 1�leumeyer, Ric�card, Spradling, Williamson. Nays, nonea BILL NO. 97-34 was given�irst reading as followse AN ORDINANCE APPROVING THE RECORD PL,AT OF PINDWOOD PLACE SUBDIVISION The first reading of BILL NO.97-34 was approved upon Mr.Eggimann's motion,Mr. Gateley's second, and the followu�g vote: Ayes, Eggimann, Gateley, Kasten,Neumeyer,Rickard, Spradling,Williamson. � Nays,none. � � � ; BILL NO. 97-48 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL LJSE PERMIT TO HOLIGAN HOMES, INC., FOR PURPOSES OF CONSTRUCTINCp, lU[AINTAINING AND OPERATING A DISPLAY HOME/SALES OFFICE AT 3913 SCENIC DRIVE, IN THE CITY AND COLINTY OF CAPE GIRARDEAU, 1VIISSOURI The first reading of BILL N0.97-48 was approved upon Mr.Neumeyer's motion,Mr. Gateley's second, and the following vote: Ayes,Eggimann,Gateley,Kasten,Neumeyer, Rickard, Spradling,Williamson. Nays,none. BILL NO. 97-50 was given first reading as follows: I AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU PUBLIC SCHOOL DISTRICT #63, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A SIXTY FOOT TAL,L, CONIIVIUNICATION ANTENNA AT JEFFERSON ELEMENTARY SCHOOL, 520 MINNESOTA AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI IThe first reading of BILL NO. 97-50 was approved upon Dr.Kasten's motion, Mr. Williamson's second, and the fo(lowing vote: Ayes,Eggimann,Gateley,Kasten,Neumeyer,Rickard, Spradling,Williamson. Nays,none. BILL NO. 97-51 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ROBERT A. DRURY AND ANNA R. DRURY, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A FOUR STORY OFFICE BUILDING AT 3065 WILLIAM STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI 206 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session �prf17 19 97 S23787 'The first reacling of BILL,NO, 97-51 was approved upon Dre YCasten's motion, IVIr. Gateley's second, f and the follow►ng vote: Ayes, Eggimann, Caateley, I{asten, Neumeyer, Rickard, Spradling, Williamson, Nays, none, �ILL 1V0, 97-52 �vas given firse reading as followsa AN ORDINANCE GRANTING A SPECIAY, L1SE PERMI'T TO CAPE GIRARDEAU PUBLIC SCHOOI. DISTRICT #63, FOR PURPOSES OF COI�1S'TRiJCTING, MAINTAINING AND OPERATING A SEVENTY FOOT TALL COIVIMUNICATION ANTENNA AT WASHINGTON ELEMENTARY SCHOOL, 621 NOR'TH FOUNTAIN STREET, IN THE CI'TY AND COUNTY OF CAPE GIRARDEAU, IvIISSOURI The first reading of BILL NO. 97-52 was approved upon 1VIa°, Gateley's motion, Dr. Kasten's second, and the following voteo Ayes, Eggimann, Gateley9 I{asten, 1Veumeyer, Rickard, Spradling, BVilliamson. IVays, nonee i � �ILL NO. 97-56 was given first reading as followse A1V ORDINANCE AMENDING CHAPTER 30 OF' 'THE CITY CODE RELATING TO ZONII�I(y � 'The first reading of BILI,NO, 97-56 was approved upon iv1r. Williamson's cnot►on, Mre Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, It�ckard, Spradling, Williamson, Nays, nonee BILI. IVO, 97-53 was given first reading as follows. Aiv ORDINANCE VACATINCi 1'HE CITY°S INTEItES'T IN A UTILITY EASEMENT IN OAK HILLS SUBDIVISION, IN THE CITY OF CAPE GI1tARDEAU, MISSOURI 'I'he first reading of BILL NOe 97-53 was approved upon Mr. Gateley's motion, 1VIr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none, Spradling abstained for financial reasons. �ILL,NO, 97-54 was given first reading as followse AN ORDINANCE ACCEPTIN(�A PERMAIVEIVT EASEMENT FROM L. DANISSE ROSS F'OIt LITILITIES MAIIVTENANCB I1�1 OAK HIL,LS SU�IDIVISIOIV � "I'he first reading of BILL NO, 97-54 was approved upon Dre I{asten9s moUon, Mr. Williamson's second, and the following vote; Ayes, Eggimann, Ciateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none� The relocat�on of a new sanitary sewer line at 1827 I-Iunrington Drive in Oak Hills Subdivision was accepted into the city's system upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateleyy 9lLLSWLly Tleumeyer, Itickard, Spradling, Williamson, IVays, none. BILL I�IO. 97-55 was given first reading as follows: zo� Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ Session -- - April 7 ------ -- - 19 ._97 - S23787 AN ORDINANCE AUTHORIZING TI-IE CITY 1VIANAGER TO EXECUTE AMENDMENT NOe 1 TO AN AGREEMENT FOR ENGINEERING SERVICES WITH BLACK&VEATCH, FOR THE TRANSPORTATION IMPROVEMEN'I'S PROGRAIVI The first reading of BILL 1V0, 97-55 was approved upon Dr. Kasten's motion, iVlre GateYey's second, and the follow►ng votee Ayes, Eggimarui, Ciateley, Kasten, I�leumeyer, Rickard, Spradling, Williamson. Nays, none, BILL IVOe 97-57 was given first reading as followso AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, BY REPEALING A HANDICAPPED PARKING SPACE ON SOUTH FREDERICK STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO, 97-57 was approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, IWilliamson. Nays, none. BILL NO. 97-58 was given first reading as followse � ,�N ORDII�IANCE AMENDING SCHEDLJL,E �° O�° SECTION 26-247 OF THE CITY CODE, f ESTABI,ISHING NO PARKIN(a ON L,�IVDEN S'I'REE'T, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The f�rst reading of BILL NO. 97-58 was approved upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Ciateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-59 was given first reading as follows: ` AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING OI�1 WEST END BOULEVARD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The �rst reading of BILL NO. 97-59 was approved upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote; Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none, BILL NO. 97-64 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON JEFFERSON STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-64 was approved upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Egg►mann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-62 was given first reading as follows: I 2os Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April7 19 97 523787 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CHARLES J. SITZES AND EVELYN L. SITZES FOR THE CAPE LA CROIX CREEK/WALKER BRANC�-I F'LOOD CONTROL PROJECT 7`he first reading of BILL IVO, 97-62 was approved upon Mr, Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer9 Rickard, Spradling, Williamson. I�Iays, none. BILL, IVO. 97-43 was presented as followse �! A RESOI.UTION AUTHORIZING THE CIT�' MAI�IAGER TO EXECUTE AI�i AGREEMEN'T WITH CONTINENTAI.V�IASTE INDUSTRIFS9 II�Ce FOR A SOLID WASTE DISPOSAL RATE The reading of BILL NO, 97-43 was approved and the resolution adopted upon Mr. Gateley's motaon, 1VIr. Williamson's second, and the following vote: Ayes, Eggimann, Gate(ey, Kasten, 1Veumeyer, Rickard, Spradling, Williamsona Nays, none, BILL NO. 97-43 is RESOLUTION NO. 1245. � BILL NO, 97-46 was presented as follows: � ' A RESOLUTION AUTHORIZING THE CIT1' MANAGER TO EXECUTE A RELEASE OF LIEN FOR THE COMMUNITY BLOCK GRANT PROGRAM The reading of BILL 1V0. 97-46 was approved and the resoYution adopted upon Dr, Kasten's motion, Mr. Neumeyer's second, and the following vote; Ayes, Eggimann, Gateley, I{asten, Neumeyer, Rickard, Spradling, VVilliamson. Nays, none. �ILL 1�10, 97-46 is RESOLU'TION NOe 1246, BILL, 1VOe 97-60 was presented as follows: ! A RESOLUTION AUTHORIZING THE CIT1' iViANAGER 'TO EXECU'TE AN AGREEMENT WITH PR DEVELOPERS, INC. FOR THE CAPE GII�ARDEAU REGIONAL AIRPORT PAVEMENT REPAIRS The reading of BILL NO. 97-60 was approved and the resolution adopted upon Mr. Eggimann's mot�on, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Itickard, Spradling, Williamsona Nays, none. �ILL NO. 97-60 is RESOLUTION NO. 1247. BII,L NO. 97-61 was presented as follows: I A RESOLLJTIOI�I f#UTI-IORIZING THE CIT�' 1VI,�II�tAGER TO EXECUTE AN AGREEMENT I IWITI� DLJMEX EXCAVATION, INC. FOIt A WATER LINE RELOCATION The reading of BILI,NO, 97-61 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. Ivays, noneo BILI. NO, 97-61 is RESOLUTION NO. 1248. BILL NO. 97-63 was presented as followsa IA Y�SOLi1TI0I�i AUTHORIZING T�IE Ci'Tl'MANAGER TO EXECUTE A CONTRAC'T WIT�I IVIP KEI.L,E1'EQUIPMENT COMPANY, I1VCo F'OR DEMOLITION SERVICES FOR THE 1�95 FL,OOI) BUYOLI'T PItOG1ZAN1 I � 209 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session �Pru 7 1 g 97 523787 °The reading of BILI. NO. 97-63 was approved and the resolut�on adopted upon Mr, Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. IVays, none. BILL IVO. 97-63 is RESOLUTION NO. � 1249. � Mr. Brian Driscoll, Ms. Barbara Port, 1VIs. Enuly Mellies, and 1VIr. 1Zch Behring were appointed to I the Historic Preservation Commission for terms expiring April 16, 2000, upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote; Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. An original package liquor license for Sam's East, Inc. d/b/a Sam's Club, 232 Shirley, John D. Woodall, III, Managing Officer, was approved upon Dr. Kasten's motion, Mr. Williamson's second, and the followin vote: A es E imann Gatele I{asten Neume er Rickard S radlin j g Y � gg , Y, , Y , 9 P g9 Williamson. Nays, none. I A temporary 5% beer by the drink license for Cape(iirardeau Riverfest Associat►on for an event to be held in downtown Cape Girardeau on June 12-15, I,isa L. Fedler, Managing Officer, was approved � upon Mr. Neumeyer's motion, iVlr. Eggimann9s second, and the following vote: Ayes, Eggimann, Gateley, Kasten, IVeumeyer, Rickard9 Spradling, Williamson. Nays, c�onee Dr. Kasten made a motion, seconded by I�Yr. I�leumeyer, to accept the improvements completed under the Henderson Trurilc portion of the Sarvtary Sewer Improvement Program, Phase I, and to authorize final payment to Robinson Mechanical Con�actors, Ince The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, 1�leumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Neumeyer made a motion, seconded by Mr. Gateley, to accept the improvement of adding an auxiliary generator to power two of the Wastewater Treatment Plant's effluent pumps, and to authorize final payment to Aschinger Electric Company contingent upon receipt of the required paperwork. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, I�ickard, Spradling, Williamson. 1Vays, none. BILL NOe 97-65 was given first, second and third readings as follows: AN ORDINANCE AU'THORIZING °THE ACQUISITION OF PROPERTl' FOR FLOOD CONTROL AND A RECREATION TRAIL F'OR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJEC'T The first, second and third readings of BILL NO, 97-65 were approved and the ordinance adopted upon 1VIr. Eggimannys motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-65 is � ORDINANCE NO. 2134. Mayor Spradling stated the City Council discussed in study session issues relating to Lynwood Hills Estates and the request of Keith Deimund. City Engineer Mark Lester explained that the City will need to obtain easements for water and sewer before the final improvements in the subdivision can be accepted. Following discussion, Mr, Gateley made a motion, seconded by Mr. Eggimann, to � accept the water and electrical lines as installed for Lynwood Hills Estates contingent upon receipt of a utility easement and annexation agreement from Keith Deimund. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, ICasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. � aie Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SessiOn Apri17 19 97 523787 Mr. Williamson made a motion, seconded by Ntr, Eggimann, to authorize city staff to prepare a formal written policy on joint u6lity trenching, Followbng discussion, the motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Willaamsone Nays, none, Mr. Rickard requested from staff a copy of the letter sent to owners of irrigat�on systems regarding backflow valves and also a list of the people who the letter was sent to. Mr. Gateley thanked the City Council for their support of the Vision 2000 Community Relations Council. Mayor Spradling reminded the Council that Wednesday, April 9, ►s the Optimist Club 1'outh in Government Day. There be►ng no further business, the Council adjourned upon Mr, Eggimannys mot�on, iVlr, Neumeyer's motion, and the followeng vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, , Spradling, Williamson, Nays, none. I �� I I� A. M Spradling III, 1Vlayor � r �. �. � �� ' �ayle Conrad, Deputy City Clerk i , � i i i