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Home My WebLink AboutCouncil.Minutes.05-05-1997.Regular 2zl Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 5 19 97 S2378� I � REGULAR SESSION-MAY 5, 1997 Council convened in regular session on Monday, May 5, 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►nvocation was presented by Itev. David Stewart of Hobbs Chapel and the Pledge of Allegiance was recited. I� The City Council convened in executive session prior to the regular session for purpose of discussing � property acquisition upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: ' Ayes, Eggimann, Gateley, Kasten, 1Veumeyer, Rickard, Spradling, Williamson. Nays, none. The nunutes of the Apri121, 1997, regular and executive sessions were approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, IVeumeyer, Rickard, Spradling, Williamson. Nays, none. The agenda was adopted as clistributed upon Mr. Eggimann's mo6on, Mr. Gateley'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 to consider vacaring the City's interest in an access easement across a parcel of land in the South part of the Southwest Quarter of the Northwest Quarter of Fractional Section 29, Township 31 North, Range 14 East, Fifth Principal Meridian, 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 Morris C. and I�Ielissa Ae Montgomery to rezone the rear portion of 621 S. Kingshighway from R-4, multiple family res►denaafl district, to M-1, light industrial 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 Mike Smith, Cape vVest Development Corporation, and LeGrand Properties for a special use permit for a mini-warehouse storage complex in the 100 block of N. Silver Springs ltoad in a G2, general commercial district, the � hearing was opened. Mr. Hillary Schmittzehe, Executive Director of the Regency House, appeared in opposition to the request. He stated there are four residential care facilities within the vicinity of the proposed storage complex, and he expressed concerns with the noise and hours of operation. In addition, during heavy rains there are drainage problems in this area, and adding this facility could make it worse. Ms. Glenneta Vogelsang appeared in opposition to the request. Her son is a resident in one of the facilities and walks to the various businesses in this area. The storage facility would cause increased traffic, and since there are no sidewalks in this area, there would be an increased risk for the pedestrian traffic. Mr. Steve LeGrand appeared in support of the request. He explained there are plans for an apartment on the property with the storage facilities for security. There will be no electricity in the units; therefore this will restrict the hours of admittance. The stormwater plans are to drain away from Silver Springs Road and lead to Whitener Street. The largest unit is only 10'x30' which is not large � I 222 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSion May 5 �g 97 523787 enough for a car or boat to be stored in. He further discussed details of the buildings, including landscaping. He expiained that he does not have a problem with the Planrung and Zoning �� Commission's recommendations for the exterior of the building except for briciting the Whitener Street side of the building. There being no further appearances, the hearing was closed. , BILL NO, 97-75 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL LJSE PERMIT TO MIKE SMITH, CAPE WEST � DEVELOPMENT CORPORATION AND LeGRAND PROPERTIES, FOR PURPOSES OF CONSTRUCTING, MAINTAINING ANI� OPERATING A MINI WAREHOUSE STORAGE COMPLEX IN THE 100 BLOCK OF NORTH SILVEIt SPRINGS ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mre VVilliamson made a motion, seconded by 1VIre It�ckard, to approve the first reading of BILL NO. � 97-75. Following discussion, Mr. Ciateley made an amencling motion, seconded by Mr. Eggimann, to refer the issue back to the Planrung and Zoning Corririussion for further study. Following discussion, the amending motion failed upon the following vote: Nays, Kasten, Neumeyer, Rickard, Spradling, Williamson. Ayes, Eggimann, Gateley. 'd'he original motion was approved upon the ,� following vote: Ayes, Eggimann, (iateley, ICasten, l�leumeyer, Rickard, Spradling, Williamson. Nays, none, This be►ng the date set for a public hearing regarding the request of Brian D. and Debra A. Tracy for a special use permit for commercial storage of (ogs at 2525 State Highway 177 in an R-1, single family residentaal district, the hearing was opened. There being no appearances, the hearing was closed. 'I'his being the date set for a public hearing regarding the filing of an application for funding from the Ivlissouri Highway and Transportation Department pursuant to Section 5311 of Title 49, LTruted States Code, to assist in funding and operating the city9s taxi coupon public transit program, the hearing was opened. 'I'here being no appearances, the hearing was closed. Mr. Mark Spinks9 1032 ICingsway, appeared regarding a drainage problem at Ranchito and Peachtree, °I'here►s a line of debris►n the creek that does not allow the water to flow through, and therefore, the water backs up in the yards along the creeke 1VIa°. Spu�ks proposed the city straighten out the ditch and install rip rape Mayor Spradling requested city staff look into this matter and report back to the Council e Mr. Don Howard appeared regarding yards that need to be cleaned up at 1118 Ranney, 1017 Ranney and 509 Rear Linden, In addition, there are children in the neighborhood that continue to bother him and the Police will not assist him. Mayor Spradling ►nformed Mr. Howard that the complaints he previously filed have been investigated and are unfoundedo 1'he Municipal Court judge has found him guilty of various charges. If he wants to pursue the matter further, Mr. Howard will need to hire an attorney and take appropriate legal action. Mayor Spradling presented a prociamation to Walt Wildman declaring Memorial Day as Le Fete � Francaise Day in Cape Girardeau. IVir, Wildman invited the City Council and City Manager to the opening ceremonies of this event, � � Mayor Spradling read a proclamation declaring May 18-24 as Public Works Week in Cape Girardeau iand commended the Public Works staff for the work they do. I I � 223 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session M�y 5 19 97 S23787 Mr. Eggimann expressed his gratitude for the ministers and churches that adopted tlie City Council at the National Day of Prayer. The following bills were given second and third readings as follows: BILL NO. 97-66 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE OF PREMISES WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMIVIISSION FOR RIGHT-OF-WAY ON � HIGHWAY 61 IN FRONT OF THE PUBLIC WORKS BUILDING BILL NO. 97-67 AN ORDINAIVCE ACCEPTING PERMANENT EASEMENTS FROM JAMES H. JONES AND DIXIE A. JONES; DON CURTIS COONCE i AND CHARIVIAINE 1VI, COONCE; LARRY G. McELROY AND REGINA B. McELROY; JULIA A. HEATH FOR THE TWIN LAKES SUBDIVISION WATER MAIN EXTENSION PROJECT f � BILL NO. 97-68 AN ORDINANCE �►CCEPTING PERMANENT EASEMENTS FROM SEMO PORT RAILROAD, INC., KASTEN CONCRETE PRODUCTS, INC., AND KASTEN CLAY PRODUCTS, INC., FOR THE WASTEWATER TREATMENT PLANT ACCESS PROJECT BILL IVO. 97-70 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-B-5, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1-B, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SANITARY LATERAL SEWERS IN I.ATERAL SEWER DISTRICT NO. 14-1-B-5, UNDER �► PRNATE CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 97-71 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FROM DENZIL F. SLINKARD AND THOMAS F. SLINKARD FOR LATERAL SEWER DISTRICT NO. 14-1-B-5 The second and third readings of BILL Nos. 97-66, 97-67, 97-68, 97-70, and 97-71 were approved and the ordinances adopted upon Mr. Ciateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Dr. Kasten abstained on BILL NO. 97-68 for financ►al reasons. BILL NO. 97-66 is ORDINANCE I NO. 2152; BILL NO. 97-67 is ORDINANCE NO. 2153; BILL NO. 97-68 is ORDINANCE NO. 2154; BILL NO. 97-70 is ORDINANCE NO. 2155; BILL NO. 97-71 is ORDINANCE NO. 2156. BILL NO. 97-73 was given first reading as follows: AN ORDWANCE VACATING THE CITY'S INTEREST IN AN ACCESS EASEMENT TO CASQUIN PARK OFF OF OLD SPRIGG STREET ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-73 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. � 224 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSion May 5 1 g 97 523787 �ILL NO. 97-74 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF 'THE CITY OF CAPE GIRARDEAU, IVIISSOURI, Bl' �HANGING THE ZOIVING OF 621 SOUT�-I KINGSHIGHWAY, CITY AND COUNTY OF'C,�PE GIRARDEAU, 1VIISSOURI FROM R-4� 'TO M-1 The first reading of BILL N0.97-74 was approvecY upon l�Ir. Eggimann's motion, Dr. Kasten9s second, and the following vote: Ayes, Eggimann, Gateley,ICasten,Neumeyer,Rickard, Spradling,\JVilliamson. Nays,none. BILL NO. 97-77 was given first reading as followsa AN ORDINANCE GRANTING A SPECIAL LJSE PERNIIT TO BRIAN D. TRACY AND DEBRA A. TRACY, FOR PURPOSES OF MAINTAINING AND OPERATING COMMERCIAI, STORAGE OF LOGS AT 2525 STATE HIGHWAY 177, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO.97-77 was approved upon Dr. Kasten's motion, Mr. Williamson"s second, and the following vote: Ayes, Eggimann, Gateley, I{asten, Rickard, Spradling, Williamson. Nays, Neumeyer, BILL NO. 97-79 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF CLARKTON PLACE SUBDIVISION, PHASE IV � The first reading of BILL NO. 97-79 was approved upon Mr. Williamson's motion, Dr. I{asten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamsone Nays, none. BILL NO. 97-76 was given first reading as follows: AN ORDINANCE ACCEPTING A GEIVERAL WARRANTY DEED AND TEMPORARY ACCESS EASEMEN'T FROM WANDA MAXII�IE SHARP AND A GENERAL WARRANTY DEED �'ROM CLAUDE M. FOESTE AND DOROTHY R, FOESTE FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTItOL PROJECT The first reading of BILL NO. 97-76 was approved upon Mr. Neumeyer's mot�on, Mr. Gateley's second, and the following vote: Ayes, Eggimann, C'rateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. I�Iays, none. BILL NO. 97-83 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY � PLACING A STOP SIGN ON MORGAN OAK STREET AT SPANISH STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI � i 225 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 5 19 97 523787 'The first reading of BILL NO. 97-83 was approved upon Mr. Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. IVays, none. I BILL NO. 97-82 was given first reading as follows: , AN ORDINANCE REPEALING SECTIOIv 29-70 OF THE CITY CODE RELATING TO WATER UTILITY DUTY The first reading of BILL NO. 97-82 was approved upon Mr. Gateley's motion, Mr, Williamson9s second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. i BILL NO. 97-84 was given first, second and third readings as follows: AN ORDINANCE AUTHORIZIN(B THE ACQUISITION OF PROPERTY FOR FLOOD I CONTROL AND PUBLIC UTILITY RELOCATION FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT � The first, second and third readings of BILL NO. 97-84 were approved and the ordinance adopted !I upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, VVilliamson. Nays, none. BILL NO, 97-84 is ORDINANCE NO. 2157. BILL NO. 97-81 was presented as follows: I A RESOLUTIOIV AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATIOIV WITH THE NIISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR FUNDS TO AID IN THE FINANCING OF A PUBLIC TRANSPORTATION SYSTEM 'The reading of BILL NO. 97-81 was approved and the resolubon adopted upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Williamson. Nays, none. Spradling abstained for financial reasons. BILL NO. 97-81 is RESOLUTION NO. 1251. BILL NO. 97-78 was presented as follows: � � A RESOLUTION AUTHORIZING THE MAYOI� TO EXECUTE A CONTRACT FOR STREET LIGHTING AND ELECTRIC SERVICE WITH UNION ELECTRIC COMPANY � Mr. Neumeyer made a motion, seconded by Mr. Williamson, to approve the reading of BILL NO. 97-78 and adopt the resolution. Mr. Cra�eley made an amending motion, seconded by Mr. Eggimann, to refer the contract back to city staff and further negotiate with Union Electric to increase the number of lights that will be upgraded per year above the five percent stated in the contract. This could be done by developing a graduating scale, but this would be at the discretion of the staff. Public Works ; Director poug Leslie explained that a ten percent minimum upgrade was requested by the City, Union Electric did not want to include a minimum upgrade, and the two parties agreed to the minimum five percent upgrade. Following discussion, the amending motion failed upon the following roll call vote: Eggimann, aye; Gateley, aye; Kasten, nay; Neumeyer, nay; Rickard, aye; Spradling, nay; Williamson, nay. The original motion was approved upon the following vote: Ayes, Eggimann, � 226 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session M�Y 5 1 g _97 523787 Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none, BILL NO. 97-78 ►s RESOLUTIOIV NO. 1252, BILL NO. 97-80 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AI�I AGREEMENT WITH CAPE GIRARDEAU PUBLIC SCHOOL DISTI2ICT #63 FOR A SCHOOL RESOURCE OFFICER. The reading of BILL NO, 97-80 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following votee Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamsono Nays, none, �ILL NO, 97-80 is RESOLUTION NO. 1253. Mr. Mark Stuart was appointed to the Board of Adjustment for a term expiring March 6, 1999, upon 1VIr. Neumeyer's motion, 1VIr. Eggimann's second, and the following vote; Ayes, Eggimann, Gateley, � Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none, A 5% beer by the drink and retail by the drink license for Southeast Missouri Hospital Foundaiion, � John C. Stotz, Managing Officer, for a one-day fund raising event on June 27 at the A.C. Brase � Arena Building was approved upon Mr. Neumeyer9s mot�on, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten(abstain), Neumeyer, Rickard, Spradling(abstain), Williamson. Nays, none. The water main extension along 1Vlinnesota,4venue to serve D&K Wholesale Drug was accepted into the city's system, and final payment to Monroe Plumbing and Heating Company was authorized upon Mr. Gateley's motion, Mr. Williamson's seconcfl, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. 1�Iays, none. The Airport apron expansion, rehabilitation and associated improvements were accepted, and final payment to Brenda Kay Construction, Inc. was authorized upon Dr. Kasten's mot�on, Mr, Neumeyer9s second, ancY the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none� An out-of-district sewer permit was granted to Gary Reagan for a sewer connection into Sewer District 14-K at 2409 Perryville Road upon Mr, V1/illiamson9s motion, Dr. Kasten's second, and the following vote; Ayes, Eggimann, Gateley, I{asten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. IMr. Eggimann made a motion, seconded by Dr. Kasten, to approve the request of Druco, Inc. to , withdraw the remainder of the improvement plans for Siemers Drive, applying to the widening and I relocation of Siemers Drive from Campster to south of Lowes Drive; and to accept into the city's system the improvement of Siemers Drive from Campster to Route K and release the remainder of the escrow. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, � Neumeyer, Rickard, Spradling, Williamson. Nays, none. I ; There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr. Neumeyer's � second, and the following vote: Ayes, Eggimann, Gateley, I{asten, Neumeyer, Rickard, Spradling, � Williamsone Nays, none. �i � 227 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session �y 5 19 97 523787 � I s -- A. � . Spradling III, Mayor , � ? �, . � r� ��,., �. Gayle L, Conrad, Deputy City Clerk (i � I i� � � i I