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HomeMy WebLinkAboutCouncil.Minutes.09-02-1997.Regular 309 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 2 19 _97 S23787 REGULAR SESSION- SEPTEMBER 2, 1997 � I Council convened in regular session on Tuesday, September 2, 1997, at 7:30 p.m. with Mayor Albert M. Spradling, III presiding and Council Members Richard Eggimann, Melvin Kasten, Tom Neumeyer, Jack Rickard, and J.J. Williamson present. Melvin Gateley was absent. The invocation was presented by Richard Eggimann and the Pledge of Allegiance was recited. The Council convened in executive session prior to the regular session for the purpose of discussing property acquisition upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: � Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling. Nays, none. �� The minutes of the August 18, 1997, regular and execuUve sessions were approved upon Dr. Kasten's i motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. This being the date set for a public hearing regarding amendment of the Zoning Ordinance to adopt provisions for the establishment of Halfway Houses, the hearing was opened. Mr. Jeff Hine appeared on behalf of the Gibson Center in opposition to the amendments. Mr. Hine explained the history and purpose of the Gibson Center and stated the ordinance is too restrictive and would not allow the Center to fulfill its contract with Missouri Probation and Parole to house parolees at the Center. Ms. Debbie Cotner, Regional Administrator of Missouri Probation and Parole, appeared and explained the contract they will be entering into with the Gibson Center. Offenders would be released to the Gibson Center 90 days prior to their parole date to participate in a rehabilitation program. [f the offenders leave the center without authorization, they are subject to arrest. I Mr. Richard Decker, Executive Director of the Gibson Center, further explained the program. The Center is a lockout facility, and the residents are free to leave the facility. The Center is a 46 bed facility and currently houses between 20 and 24 residents. Under the State contract there will be 20 additional residents. Mr. Decker stated that the Center has housed inmates before when the Cape Girardeau County jail was full, and there were no problems at that time. There being no further appearances, the hearing was closed. BILL NO. 97-197 was given second and third readings as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO HALFWAY HOUSES Mr. Neumeyer made a motion, seconded by Mr. Eggimann to approve the second and third readings of BILL NO. 97-l97 and to adopt the ordinance. Dr. Kasten made an amending motion, seconded by Mr. Williamson to table BILL NO. 97-197. The motion was approved upon the following roll call vote: Eggimann, nay; Kasten, aye; Neumeyer, nay; Rickard, aye; Spradling, aye; Wiliamson, aye. i 310 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSsiOn September 2 19 97 523787 This being the date set for a public hearing regarding the following: (I) request of Cape Girardeau Public School District#63 for a special use permit for a mobile classroom at Clippard Elementary School, 2880 Hopper Road, in an R-I, single family residential district; (2) request of Cape Girardeau Public School District#63 for a special use permit for a mobile classroom at Jefferson Elementary School, 520 South Minnesota Avenue, in an R-2, single family residential district; and (3) request of Cape Girardeau Public School District #63 for a special use permit for a mobile classroom at Washington Elementary School, 621 North Fountain Street, in an R-1, 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 amendment of the zoning ordinance regarding ' provisions for the adoption of the Comprehensive Plan, 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 B.P.O.E. #639 to rezone 2751 Thomas Drive from R-1, single family residential district, and C-2, general commercial district, to C-2, general commercial district, the hearing was opened. There being no appearances, the hearing was closed. I i This being the date set for a public hearing regarding the request of Northside Gospel Assembly and Heartland Care Center for a special use permit for a church sign at 2403 Boutin Drive in an R-1, single family residential district, the hearing was opened. Mr. Wilfred Wren appeared on behalf of the church and requested emergency reading of BILL NO. 97-208 in order to allow the church to immediately install their sign. There being no further appearances, the hearing was closed. BILL NO. 97-208 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO NORTHSIDE GOSPEL ASSEMBLY AND HEARTLAND CARE CENTER, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CHURCH SIGN AT 2403 BOUTIN DRIVE, W THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI � Mr. Eggimann made a motion, seconded by Mr. Neumeyer, to approve the first reading of BILL 1V0. 97-208. Mr. Eggimann made an amending motion, seconded by Mr. Williamson, that BILL NO. 97- 208 be declared an emergency measure and be given second and third readings. The amending motion was approved upon the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-208 was given second and third readings. The , original motion was approved as amended, the second and third readings were approved and the ordinance was adopted upon the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-208 is ORDINANCE NO. 2224. This being the date set for a public hearing regarding the request of First Assembly of God, Inc., for a special use permit for a church and day care playground at 3114 Dogwood Drive in an R-1, single family residential district, the hearing was opened. Mr. Steve Christiansen appeared on behalf of 39 property owners in Westfield Subdivision in ' opposition to this request and presented a petition signed by 49 residents of the subdivision. He ; distributed a copy of the restrictive covenants of the subdivision which state that no lots shall be used except for residential purposes, and that in order to release any of the restrictive covenants, approval � must be received from 70 percent of the total lots in the subdivision. He stated reasons the neighbors are opposed to the special use permit, including noise, liability of surrounding property owners if a 311 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSsiOn _ September 2 �9 97 S23787 child is injured, appraised value of surrounding homes, traffic on Dogwood, and stormwater runoff. The property owners did not feel that denying this special use permit would harm the church since it � already has an existing playground. Mr. Randy Cartwright, Associate Pastor of First Assembly of God, appeared in support of the request. He responded to several concerns of the property owners, including noise, stormwater runoff, traffic on Dogwood, and property values. He stated that the church has concerns for safety of the children with the present playground being so close to Mt. Auburn Road. Mayor Spradling stated that the Council cannot change the restrictive covenants for the subdivision and, therefore, cannot change the use of the lot from residential to commercial. Mr. Cartwright questioned that if he separated the lot and met the 10,000 square foot requirement, could the church request a rezoning on the rear of the property. Mayor Spradling responded that due to the restrictive covenants, no portion of the lot can be used for commercial purposes, even if the lot were rezoned. Mr. Cartwright requested the Council approve first reading of the ordinance. There being no further appearances, the hearing was closed. I I City Attorney Eric Cunningham stated that if the owners of 30 percent of the property within 185 feet I of the lot in question have signed the petition, approval must be by 2/3 vote of the entire Council. BILL NO. 97-209 was given first reading as follows: AN ORDWANCE GRANTING A SPECIAL USE PERMIT TO FiRST ASSEMBLY OF GOD, WC., FOR PURPOSES OF CONSTRUCTING, MA[NTAINING AND OPERATING A CHURCH AND DAY CARE PLAYGROUND AT 3l 14 DOGWOOD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Williamson made a motion, seconded by Dr. Kasten to approve the first reading of BILL NO. � 97-209. Mr. Spradling made a motion, seconded by Mr. Williamson, to table approval of the first reading to the next City Council meeting. The tabling motion was approved upon the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. This being the date set for a public hearing regarding the request of St. Vincent de Paul Parish for a special use permit for a meeting building with shop and storage use at 191 l Woodlawn 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 Southeast Missouri Sigma Chi Fraternity Association for a special use permit for a warehouse at 1134 North Sprigg in an R-4, multiple family residential district, the hearing was opened. Mr. Jeff Parker, Chapter Advisor of I Sigma Chi Fraternity, appeared in support of the request and explained the type of building to be erected and what the building will be used for. i Hon. John Grimm, member of the House Corporation of Sigma Chi, appeared in support of the � request. The building will be surrounded by a tree line on three sides and will be shielded from public � view. I There being no further appearances, the hearing was closed. i I 312 Proceedings of the City Council, City of Cape Girardeau, Mo. _ Regular SeSSiOn September 2_ 19 97 523787 BILL NO. 97-211 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SOUTHEAST MISSOURI SIGMA CHI FRATERNITY ASSOC[ATION, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A WAREHOUSE AT I 134 NORTH SPRIGG STREET, IN THE CITY AND I COUNTY OF CAPE GIRARDEAU, M(SSOURI The first reading of BILL NO. 97-21 I was approved upon Mr. Eggimann's motion, Mr. Williamson's � second, and the following vote: Ayes, Egg►mann, Kasten, Neumeyer, Rickard (abstain), Spradling, Williamson. IVays, none. This being the date set for a public hearing regarding the request of Walter Lee Jones and Kathleen Woods for a special use permit for a double wide manufactured (mobile) home at 810 College Street in an R-3, two family residential district, the hearing was opened. There being no appearances, the hearing was closed. ! This being the date set for a public hearing to consider vacating the city's interest in a portion of � Linden Street from Sturdivant Street, east to Giboney Avenue located in Giboney Houck Fifth Subdivision, the hearing was opened. There being no appearances, the hearing was closed. Mayor Spradling announced that Melvin Gateley had heart surgery today and stated the Council's prayers are with him. ' The following bills were given second and third readings: B[LL NO. 97-187 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FROM CLAUDE M. FOESTE AND DOROTHY R. FOESTE FOR SANITARY � SEWER LINE IN THE RIGHT-OF-WAY OF VACATED WALKER �i STREET 1 ; BILL NO. 97-188 AN ORDINANCE VACATING THE CITY'S INTEREST IN WALKER STREET AND AUDREY DRIVE AS PLATTED IN UNRECORDED MEYER SUBD[VISION IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 97-192 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE NEW HOPPER ROAD AL[GNMENT BETWEEN MT. AUBURN ROAD TO KAGE ROAD PROJECT BILL NO. 97-189 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY � COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROV[DING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, OF VINCENT � AVENUE FROM COUNTRY CLUB DRIVE TO TIMON WAY; FL[NT HILL ROAD FROM BIG BEND ROAD NORTHWESTERLY TO A � DEAD END; COUNTRY CLUB DRIVE FROM THE CI,UB GATE SOUTHWARD TO A DEAD END; REDWOOD DRIVE FROM VISTA ! LANE TO LEAR DRIVE; BEVIN DRIVE FROM WEST RODNEY � WESTWARD TO A DEAD END; CEDAR LANE FROM CHARLES � I � 313 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 2 19 97 S23787 STREET NORTHWARD TO A DEAD END; AND RAND STREET FROM WATER STREET TO ROBERTS STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI i BILL NO. 97-193 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 16-C, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 16, IN THE C[TY OF CAPE GIRARDEAU, MISSOURI BILL NO. 97-195 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, D[RECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, OF MAKING CERTAIN SEWER IMPROVEMENTS IN TWIN LAKES SUBDIVISION, LATERAL SEWER DISTRICT NO. 16-C, IN THE CITY OF CAPE G[RARDEAU, MISSOURI BILL NO. 97-196 AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO SEAT BELTS IN PASSENGER CARS AND MINORS RIDING IN THE OPEN BED OF PICKUP TRUCKS BILL NO. 97-198 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU PUBLIC SCHOOL DISTRICT #63, FOR PURPOSES OF MAINTAINING AND OPERATING A MOBILE CLASSROOM AT CLIPPARD ELEMENTARY SCHOOL, [N THE CITY AND COUNTY OF CAPE GIRARDEAU, M[SSOURI BILL NO. 97-199 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU PUBLIC SCHOOL DISTRICT #63, FOR PURPOSES OF MAINTAINING AND OPERATING A MOBILE CLASSROOM AT JEFFERSON ELEMENTARY SCHOOL, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 97-200 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU PUBLIC SCHOOL DISTRICT #63, FOR PURPOSES OF MAINTAINING AND OPERATING A MOBILE CLASSROOM AT ( WASHINGTON ELEMENTARY SCHOOL, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOUR[ The second and third readings of BILL NOs. 97-I 87, 97-I 88, 97-192, 97-189, 97-193, 97-195, 97- I 96, 97-198, 97-199 and 97-200 were approved and the ordinances adopted upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, � Rickard, Spradling, Williamson. Nays, none. B[LL NO. 97-187 is ORDINANCE NO. 2225; BILL � NO. 97-188 is ORDINANCE NO. 2226; BILL NO. 97-192 is ORDINANCE NO. 2227; BILL NO. 97-189 is ORDINANCE NO. 2228; BILL NO. 97-193 is ORDINANCE NO. 2229; BILL NO. 97- 195 is ORDWANCE NO. 2230; BILL NO. 97-196 is ORDINANCE NO. 2231; BILL NO. 97-198 is ORDINANCE NO. 2232; BILL NO. 97-199 is ORDINANCE NO. 2233; BILL NO. 97-200 is ORDINANCE NO. 2234. 314 Proceedings of the City Council, City of Cape Girardeau, Mo. _ Regular Session September 2 19 97 523787 BILL NO. 97-203 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM JOSEPH D. JAMES, � JR., TRUSTEE OF THE JOSEPH D. JAMES REVOCABLE LIVING TRUST OF AUGUST 3, 1993, FOR RICHT-OF-WAY FOR THE DETENTION RESERVOIR PORTION OF THE CAPE � LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The first reading of BILL NO. 97-203 was approved upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. B[LL NO. 97-204 was given first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR A SANITARY SEWER LATERAL FROM ROGER E. j SKINNER AND JOANIE B. SKINNER The first reading of BILL NO. 97-204 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, i Williamson. Nays, None. BILL NO. 97-205 was given first reading as follows: AN ORDINANCE AMEND(NG CHAPTER 30 OF THE CITY CODE RELATING TO ADOPTION OF A COMPREHENSIVE PLAN The first reading of BILL NO. 97-205 was approved upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, I Williamson. Nays, none. � BILL NO. 97-207 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURt, BY CHANGING THE ZONING OF 2751 THOMAS DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-I AND G2 TO G2 The �rst reading of BILL NO. 97-207 was approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL IVO. 97-210 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ROMAN CATHOLIC DIOCESE, SPRINGFIELD-CAPE GIRARDEAU AND ST. VINCENT DE PAUL PARISH, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A MEETING BUILDINC WITH SHOP AND STORAGE USE AT 19l l WOODLAWN AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI 315 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S2SSIOn September 2 19 97 S23787 The first reading of BILL NO. 97-210 was approved upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-212 was given first reading as follows: � AN ORD[NANCE GRANTING A SPECIAL USE PERMIT TO WALTER LEE JONES AND KATHLEEN WOODS, FOR PURPOSES OF CONSTRUCTING, MAfNTAINING AND OPERATING A DOUBLE WIDE MANUFACTURED (MOBILE) HOME AT 810 COLLEGE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-212 was approved upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. I BILL NO. 97-202 was given first reading as follows: AN ORDINANCE AMENDWG THE LEVYING OF THE ANNUAL CITY REVENUE TAX AND SPECIAL BUSINESS DISTRICT NO. 2 TAX, FOR THE FISCAL YEAR END[NG ON THE 30TH DAY OF JUNE, 1998 '� The first reading of BI[,L NO. 97-202 was approved upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-206 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A TRANSPORTATION ENHANCEMENT FUNDS PROGRAM AGREEMENT WITH THE M[SSOURI HIGHWAY AND TRANSPORTAT[ON COMM[SSION FOR AESTHETIC LIGHTING OF THE BILL EMERSON MEMORIAL BR[DGE The first reading of BILL NO. 97-206 was approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-213 was given first reading as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF CAPE GIRARDEAU COUNTY COMM[SSION and BRUCE S. WATKINS The first reading of BILL NO. 97-213 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. IVays, none. BILL NO. 97-214 was given first reading as follows: 316 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session 5eptember 2 19 97 S23787 AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF LINDEN STREET RIGHT-OF-WAY, FROM STURDIVANT STREET EAST TO G[BONEY AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-214 was approved upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-215 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF THE TWIN LAKES SPECIAL ASSESSMENT WATER DISTRICT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-215 was approved upon Dr. Kasten's motion, Mr. Neumeyer's � second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. I BILL NO. 97-217 was given first reading as follows: � AN ORD[NANCE ENACTING SECTION 29-102 OF THE CITY CODE RELATING TO GENERAL SEWER USE REQUIREMENTS The first reading of BILL NO. 97-217 was approved upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-220 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKWG ON NEW MADRID STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-220 was approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. B[LL NO. 97-222 was given first reading as follows: � AN ORDINANCE ACCEPTWG SEWER EASEMENTS FROM VARIOUS PROPERTY OWNERS, FOR CONSTRUCTION OF A SANITARY SEWER TRUNK EXTENSION TO SERVE TWIN LAKES SUBDIVISION AND THE PROPOSED NOTRE DAME HIGH SCHOOL The first reading of BILL NO. 97-222 was approved upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-216 was presented as follows: � A RESOLUTION DECLARING IT NECESSARY TO MAKE CERTAIN SEWER IMPROVEMENTS IN LATERAL SEWER DISTRICT NO. 14-1-G2 317 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSion September 2 19 97 S23787 The reading of BILL NO. 97-216 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-216 is RESOLUTION NO. 1301. B[LL NO. 97-218 was presented as follows: A RESOLUTION DECLARING IT NECESSARY FOR THE CONSTRUCTION OF A WATER MAIN SYSTEM TO SERVE TW[N LAKES SUBDIVISION I The reading of BILL NO. 97-218 was approved and the resolution adopted upon Dr. Kasten's motion, I Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, IVeumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-218 is RESOLUTION NO. 1302. BILL NO. 97-219 was presented as follows: � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DRURY SOUTHWEST, INC., FOR CONSTRUCTION OF THE EXTENSION OF i SIEMERS DRIVE FROM BLOOMFIELD ROAD SOUTH TO THE NEW MISSOURI ROUTE 74/I- 55 WTERCHANGE The reading of BILL NO. 97-219 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-219 is RESOLUTION NO. 1303. BILL NO. 97-221 was presented as follows: A RESOLUTION APPROV[NG THE FORM AND AUTHORIZ[NG THE CITY MANAGER TO EXECUTE SUPPLEMENT NO. 10 TO CONTRACT NO. DOT-FA72CE-6619, BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI AND THE FEDERAL AVIATION ADMINISTRATION The reading of BILL NO. 97-221 was approved and the resolution adopted upon Mr. Eggimann's � motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, f Spradling, Williamson. Nays, none. BILL NO. 97-221 is RESOLUT[ON NO. 1304. f ! A retail liquor by the drink and Sunday sales license was conditionally approved for Dewayne Casey, d/b/a Italian Grapevine, 118 Themis, Dewayne Casey, Managing Officer, upon Mr. Neumeyer's i motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. ! Mr. Eggimann made a motion, seconded by Dr. Kasten, to allow the Knights of Columbus to conduct i their Tootsie Roll Drive on Friday, October 10, 1997, from 3:30 p.m. to 6:30 p.m. at the following intersections: Kingshighway and William, Kingshighway and Broadway, Mt. Auburn and Independence, and Perryville and Cape Rock. The motion was approved upon the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The following actions were taken relating to the Southeast Missouri Hospital Neighborhood water I' system improvements: i I fI il I� I � 318 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 2 19 97 523787 The improvements to the Southeast Missouri Hospital neighborhood water system were accepted upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Kasten abstained for financial reasons. Robertson, [nc., Bridge and Grading Division was granted a 45 contract day extension to the contract time upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, � Eggimann, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Kasten abstained for financial 'i reasons. I � Mr. Neumeyer made a motion, seconded by Mr. Williamson, to hold $7,350.00 in liquidated damages and to subtract this amount from Southeast Missouri Hospital's portion of the costs. The motion was approved upon the following vote: Ayes, Eggimann, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Kasten abstained for financial reasons. Final payment to Robertson, Inc., Bridge and Grading Division was authorized upon Mr. Eggimann's ' motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Neumeyer, Rickard, I Spradling, Williamson. Nays, none. Kasten abstained for financial reasons. � There being no further business, the Council adjourned upon Dr. Kasten's motion, Mr. Eggimann's � second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. I r A. Spradling III, Mayor ;� � 1 � / Gayle L. onrad, Deputy City Clerk i� � I I I� i � I� �i I � �I I