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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. i 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 I 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. I � 214 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 I � I; ( ,I 215 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 216 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session �pr� 2� ___ 19 97 523787 I 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 i � '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; �i I 2i� 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 i 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. i 218 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, i �� 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, I I ', 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. � '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. � I i� A. . Spradlin III, Mayor i � .. ,. ,� _ n /,�. a ,� ayle L,.� onrad, Deputy City Cierk i � i � t � I � il I �I