HomeMy WebLinkAboutCouncil.Minutes.04-21-1997.Regular 213
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session �pri121 19 97
523787
REGULAR SESSIOI�T-APRIL 21, 1997
Council convened in regular session on Monday, April 21, 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.
The invocation was presented by Rev. Drew L,audie, Church of I.atter-Day Saints, 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 acquisition upon l�Ir. Eggimann's motion, Mr. IVeumeyer's second, and the
following vote; Ayes, Egglmann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
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The minutes of the April 7, 1997, regular and executive sessions were approved upon Dr. ICasten's
motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, C�ateley, Kasten,
Neumeyer, Rickard, Spradling, Williamsone I�1ays, none. I
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The agenda was adopted as distributed upon 1VIr. Neumeyer's motion, Dr. Kasten9s second, and the
following vote: Ayes, Eggimann, GaYeley, Kasten, Neumeyer, Rickard, Spradling, Williamson,
Nays, none.
Mr. Itonald W. Welch appeared regarding problems he is having with Nip Kelly Yaxi service. He is
a resident of the Missouri Veteran's I-Iome and is handicapped. 'The handicapped van operated by the
taxi company only runs from 6:00 a.m, to 5:00 p.m., and most of the time will not come to the
Veteran9s Home. He questioned if the city can do anything to resolve this problem or if there is any
other company in the city that offers transportation for the handicapped. Mayor Spradling requested �
city staff look into this situarion and respond to Mr, Welch. In addition, he suggested Mr. Welch
contact Semo Alliance for Disability Independence.
Mayor Spradling presented a plaque and proclamation to Walter Westrich in honor of his retirement
as Chief of the Cape Girardeau Police Department Reserve Division.
Mayoc Spradling read a proclamation declaring May National Tourism Month in Cape Girardeau.
iVlr. Neumeyer thanked all the citizens who helped with Friends of the Park Day on Saturday, April
19.
1VIr. Gateley thanked the Public Works Department for all their work during Spring Cleanup Week.
Mr. Gateley stated that students from Notre Dame and Central High Schools participated in Optimist
Club Youth in Government Day. Mr. Gateley made a motion, seconded by Mr. Williamson, to
appoint the student City Council Members, 1Vlayor and City Manager to an advisory group to the City
Council to serve for one year. They would be called upon for advice or feedback when there are
matters concerning the youth of the community. The motion was approved upon the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamsone Nays, none.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session April 21 19 9'7
523787
Mr. Gateley questioned how the city will handle the weed/nuisance abatement program this yeare In
addition, he requested the city contact the Missouri Highway Department about mowing the enedians
at the north and south entrances of the Citye IVTr. 1Vliller responded that the Police Chief will review
the nuisance ordinance and report back to the Councile
Mr. Gateley requested that the monthly Transportation 1°rust�und report be sent to the media and that
a news a°elease be issued on the progress of each pxojecte
Mr. Gateley commended c►ty staff on�e work being completed on South Sprigg Street and questioned
when ehe bridge will be completed. Public �1Vorks Director I�oug L,eslie a°esponded it should be
completed in approximately two weekse The contractor is worldng on the soutli approach, and then
the entire area will be overlaid. I
T'he following bills were given second and tlurd a�eadings as follows; �(
BILL NO. 97-38 AN ORDINANCE ESTABI.ISHING THE BOUNDARIES OF LATERAL
SEWER DISTRIC'T I�10e 12-PP-7 & 14-L-7, A SUBDIVISION OF
� TRUNK SEWER DISTItIC'T 1�IOa 12-PP & 14-L
BILL NO. 97-34 AN O�tDINANCE APP1tOVI1V(�'THE RECORD PLA'T OF PI1VDi�VO0I3
PLACE SUBDIVISIOIV
BILL. NO. 97-47 AN ORDII�IANCE �EIVI3IT�IC� CHAP'TEIt 30 OF 'THE COI�E OF
ORDIIVANCES OF°�E CITI'OF CAPE fiIRARDEAiJ, MISSOURI, B1'
CHANGINCp THE ZONII�IG OF 2336 KII�IGSWAY DRIVE, CITl' AND
COUNTY OF CAPE(aIRARDEALI9 iVIISSOURI F'RO1VI R-1 TO C-2
BILI,NO. 97-4� AN ORDINAI�ICE �iItANTINCa f1 SPECIAI, USE PERMI'T TO
I-IOLIGAN HOMES, INC., F'OR PURPOSES OF COIVSTRUCTINCy,
MAINTAINING AND OPERATIIVG A DISPI,AY HOME/SALES
OFFICE AT 3913 SCENIC DRIVE, IN THE CITY AND COUNTY OF
CAI'E GIRARDEAU, 1VIISSOURI
�ILL NO. 97-49 AN ORDINANCE GRANTIN(B A 5PECIAL USE PERNIIT TO DAVID
K. LOWES AND EI3ITH It. L,OWES, FOR PURPOSES OF
MAINTAII�iIN(� ANI� OPERATING A FAMILY DAY CARE HOME
FOI� TErI CHIL,D�N A'f 626 WOODBINE PLACE, IN 'THE CITX
�►ND COUNTY OF C�E GIRARDEAU, MISSOUI�
BILL NO, 97-50 AN ORDINANCE GRAN'TING A SPECIAL USE PERMIT TO CAPE
GIRARDEAU PLIBLIC SCHOOL DISTRICT#63, FOR PURPOSES OF
CONSTRUCTING, NIAINTAINING AND OPERATING A SIXTY FOOT
� TALL COMMUNICATION ANTENNA A'� JEFFERSON
i ELEMENTARY SC�IOOL, 520 IVIINNESOTA AVENUE, IN THE CITY
AND COUNTY OF'�APE CiIRARDEAU, MISSOURI
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session `�p� 21 19 97
523787
BILL NO. 97-51 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ROBERT
A. DRURY AND ANNA R. DRURY, FOR PURPOSES OF
CONSTRUCTING, 1VIAINTAINING AND OPERATING A FOUR
STORY OFFICE BUILDING AT 3065 WILLIAM STREET, IN THE
CITY AND COUNT�'OF CAPE GIRARDEAU, MISSOURI
BILL NO. 97-52 AN ORDINANCE CiRAI�iTING A SPECIAL, USE PERMIT TO CAPE i
GIRARDEALJ PUBI,IC SCHOOL DISTRICT#63, �OR PURPOSES OF
CONSTRiJCTIN(p, iVIAINTAINII�IG AND OPERATIN(i A SEVENTY
�OOT TAI.I. COI�IMUI�tICATION ANTENNA A'� WASHINGTON
ELEMENTAR�C SCHOOL, 621 NORTH FOUNTAIN STREET, IN THE
CITY AND COL1NTl'OF CAPE GIRARDEAU, MISSOURI
BILL, NO, 97-56 AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE
RELATING TO ZONING
BILL NO. 97-53 AN ORDINANCE VACA'I'ING TI�CITY'S INTEREST IN �► UTILITY �
EASEMENT IN OAK Y-IILLS SUBDIVISION, IN THE CITY OF CAPE �
GIRARDEAU, MISSOURI !
BILL NO. 97-54 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FR011�1
L, DANISSE ItOSS FOR U'TILITIES MAINTENANCE I1�1 OAK HILLS
SUBDIVISION
BILL NO. 97-55 AN ORDINANCE AIJTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMEN'T NO. 1 TO AN AGREEMENT FOR
ENGINEERINC� SERVICES WITH BLACK & VEATCH, F'OR THE
TRANSPOR'TATION IMPROVEMENTS PROGRAM �
BILL NO, 97-57 AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF
THE CITY CODE, �X ItEPEALING A HANDICAPPED PARKING
SPACE ON SOUTH FREDERICK STREET, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 97-58 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF
THE CITY CODE, ESTABLISHING NO PARKING ON LINDEN
STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 97-59 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF
THE CITY CODE, ESTABLISHING NO PARKING ON WEST END
BOULEVARD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 97-64 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
BILL NO. 97-62 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED
FROM CHARLES J. SITZES AND EVELYN L. SITZES FOR THE
CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL '
PROJECT
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session �pr� 2� ___ 19 97
523787
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The second and tlurd readings of�ILL Nos. 97-38, 97-34, 97-47, 97-48, 97-49, 97-50, 97-51, 97-52,
97-56, 97-53, 97-54, 97-559 97-57, 97-58, 97-59, 97-64, and 97-62 were approved and the ordinances
adopted upon Dr. ICasten's modon, IVir. Neumeyer's second, and the following votee Ayes,
I Eggimann, Gateley, Kasten, Neumeyer, �ckard, Spradling, 9Williamson. Nays, none. 1Vtayor
Spradling abstained on �ILL NO. 97-53 for financial reasons. �ILL, NO. 97-38 is ORDINANCE
NOe 2135; BILL NO. 97-34 is ORDINANCE I�10. 2136; BILI. NO. 97-47 is ORDINANCE NO.
2137; BILL NO. 97-48 is ORDINANCE NO. 2138; BILL NO, 97-49 ls ORDINANCE 1V0. 2139;
BILL NO. 97-50 is ORDINANCE NO. 2140p BILI,1�10, 97-51 is ORDINANCE NOo 2141; BILL
NO. 97-52 is ORDINANCE NO. 2142; BII..L,NO. 97-56 is ORDINANCE NO, 2143; BILL, IVO, 97-
53 is ORDINANCE NO. 2144; BILL NO, 97-54 is OItDINANCE NO. 2145; BIL,L NO. 97-55 is
ORDINANCE NO. 2146; �ILL NO. 97-57 is OIZDINANCE NO. 2147; BILL NO. 97-58 is
ORDIIVANCE NO, 2148; �ILI. NO, 97-59 is OI�INAI�iCE 1VOe 21499 BILI, NOo 97-64 is
ORDINANCE NO. 2150; BILI. IVO, 97-62 �s ORIDI�1An10E 1V0, 2151,
�ILL, NO� 97-66 was given first xeading as follows:
AN ORDIIVANCE AUTHORIZING THE CITY IVIANAGER TO EXECUTE A L,EASE OF
PREMISES WITI-I THE MISSOURI HIGHW�►1' AND TRANSPORTATION COMMISSION FOR
dZIGHT-OF'-WAY Ort HIGHWAY 61 IN FItON'T OF' 'THE PUBLIC WORICS BUILDINC°a
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� 'The first reading of BILL NO.97-66 was approved upon N[r.Gateley's motion,Mr. Eggimann's second,
and the follow►ng vote: Ayes,Eggunann, Gateley,Kasten,Neumeyer,Rickard, Spradling,Williamson.
Nays,none.
BILL IVO. 97-67 was given first reading as follows;
AN ORDINAIVCE ACCEPTIN(p PERMANEIVT EASEIVI�I�iTS F'ROM JAMES H. JOIVES ANI3
DIXIE A, JONES; DON CURTIS COONCE AND C�IAIt1�tAINE M. COONCE; L,ARRY G.
McELROY ANI) REGINA B, McELR01`9 JUI.IA A. HEATH FOR THE T'WIIv I.AKES
SUBDIVISION WATER MAIN EXTENSION PROJEC'T
The first reading of BILL NO. 97-67 was approved upon IVii-.Neutneyer's mot►on, lVlr. Gateley's second,
and the following vote: Ayes, Eggimann,Gateley,ICasten,Neumeyer,Rickard, Spradling,VVilliamson.
Nays,none.
�ILL.NO, 97-68 was given first reading as followso
AN ORDINANCE ACCEPTING PERMANEN'T EASEMENTS FROM 5ENY0 PORT RAILROAD,
INC., KASTEN CONC�tETE PRODUCTSy I1rY�.y ANI�I�AASTEN CLAY PRODUC'TS, INC., FOR
THE WASTEWATER TItEATMENT PLAn1'T ACCESS PROJECT
The first reading of BILL NO.97-68 was approved upon 1VL�.Eggitnann's motio�,l�r. Gateley's second,
and the following vote: Ayes,Eggimann,Gateley,Kasten,Neumeyer,Rickard,Spradling,Williamson.
Nays,none.
BILL NO. 97-70 was given first reading as follows;
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular° Apr�l 21 97
------------ Session ------- -- ------- 19 _ _ _
S23787
AN ORDINANCE ESTABLISHIN(�"I'�-IE�OUNDAIZIES OF LATERAI,SEWER DISTRIC'T NO,
14-1-B-5, A SUBDIVISION OF TRUNK SEWER I�ISTRICT NO. 14-1-�, APPROVI1VCp THE
PLANS AND AUTHORIZING °THE CONSTRUCTION OF A SYSTEI�Y OF SANITARl'
� LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14-1-B-5, UNDER A PRIVATE
CONTRACT SUBJECT TO CERTAIN PROVISIOIVS, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL, 1V0. 97-70 was approved upon Dr. Kasten's motion, 1VTr. Williamson's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL IVO. 97-71 was given first reading as follows:
AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND TEMPORARY �
CONSTRUCTION EASEMENT FROIVI DENZIL F. SLINKARD AND THOMAS F'o SLINKARD
FOR LATERAL SEWER DISTRICT 1V0. 14-1-B-5
'Tt�e first reading of BILL NO. 97-71 was approved upon Mr. Gateley9s mot�on, Nlra Eggimann's ��
second, and the following vote; Ayes, Eggimann, Gateley, Kasten, 1Veumeyer, Rickard, Spradling, �
Williamsone Nays, noneo i�
(�'d'he sewer and water main improvements to serve Ashland Court Subdivis►on were accepted into the
I city's system upon Dr. Kasten's motion, Mre Y�leumeyer's second, and the following vote: Ayes, i
Eggimann, Gateley, Kasten, Neumeyer, Itickard, Spradling, Williamson. Nays, none.
Mayor Spradling announced that �II.L NOa 97-72 relating to the issuance of cert�ficates of
parUcipation for capital improvements projects and airport improvement projects was removed frorn
the agenda, �
BILL NO. 97-69 was presented as follows:
A RESOLUTION AUTHORIZWG 'TI�E CITY 1�fANAGER TO ENTER INTO MEMORANDUM
OF AGREEMENT NO. 4 WITH THE tJ. S. I�EPARTIVIENT OF'THE ARMY FOR STREET AND
STORM DRAIN IMPROVEMENTS TO ICARAU L,ANE ON WALKER BRANCH PHASE III
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The reading of BILL NO. 97-69 was approved and the resolution adopted upon Mr. Williamson's �
motion, Mr, Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, '
Neumeyer, Rickard, Williamson. Nays, none. Spradling abstsained for financial reasons. BILL NO.
97-69 is RESOLUTION NO. 1250e
Mr. Steve Robertson and IVIr, �Iarry Drummond were appointed to the Airport Advisory Board for
terms expiring Apri130, 2000, upon Mr, 1�leumeyer9s motion, Dr. Kasten9s second, and the following
vote; Ayes, Eggimann, (iateley, Ifasten, Neumeyer, Rickard, Spradling, Williamson. 1Vays, none.
Mr. Randy Kluge was appointed to the Convention & Visitors Advisory Board for a term expiring
January 1, 1998, upon Mr. Williamson's motion, Dr, Kasten's second, and the following vote; Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, iVVilliamson. Nays, none.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regulaa° Session �pril2l 19 97
523787
A retail liquor by the drink license gor �ertha Sriuth, d/b/a Bert's BarBQ, 517 IVorth Silver Springs
Road, Bertha Srrrith, Managing Officer, was conditionally approved upon Dr, Kasten's motion, flVlr°, I
Williamson's second, and the following votee Ayes, Eggimmann, Gateley, Kasten, Neumeyer, Rickard,
i Spradling, Williamson, Nays, none.
Mr, Eggimann made a mot�on, seconded by IVYr, i�Villiamson, to authorize a team consisdng of
Michael 1Vliller, Eric Cunrungham, James Dufek and 'Teri (ioodman to begin discussions with TCI
Cable about amending the present cable television francluse agreement. TCI will not be released,
however, from its obligations under the current franchise agreement unless and until a new franchise
agreement has been signed by all parties. The mot�on was approved upon the following vote: Ayes,
Eggimann, Gateley, Kasten, Neumeyer, ltickard, Spradling, Williamson. Nays, none.
There being no further business, the Council adjourned upon Dr. Kasten's motion, Mr. Williamson's
second, and the following vote; Ayes, Eggimann9 Gateley, iCasten, Neumeyer, It�ckard, Spradling,
IWilliarrison. I�1ays, none,
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�� The City Council reconvened as the Board of Appeals to consider an elevation variance from the
� Floodplain Management Regulations, upon �r, Kasten9s motion, Mr. Gateley's second, and the
� followm vote: A es E mann Gatele I{asten 1Veume er Rickard S radlin Williamson.
� g Y , g� , Y, 9 Y 9 , P �9
�; Nays9 none,
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', 1VIr, Gateley made a motion, seconded by 1V1re Eggimann to grant a variance to the elevation
reyuirements of the Floodplain Management Itegulations for a shelter at Cheekwood Studios at 2336
ICingsway Drive, °'d"he morion was approved upon the following vote: Ayes, Egglmann, Gateley,
ICasten, Neumeyer, Itickard, Spradling, Welliamson� 1�1ays, none.
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'I'here being no further business, the Board of Appeals adjourned upon Mr. Eggimann's motion, Mr.
(�ateley's second, and the following vote: Ayes9 Eggimann, Gateley, Kasten, Neumeyer, Iiickard,
Spradling, Williamson, Nays, none.
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i� A. . Spradlin III, Mayor
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n /,�. a ,�
ayle L,.� onrad, Deputy City Cierk
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