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Home My WebLink AboutCouncil.Minutes.09-15-1997.Regular 321 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SessiOn September 15 19 97 523787 REGULAR SESSION- SEPTEMBER 15, 1997 Council convened in regular session on Monday, September 15, 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. I The invocation was presented by Rev. Ron Watts of LaCroix United Methodist Church, and the i Pledge of Allegiance was recited. I I The Council convened in executive session prior to the regular session for the purpose of discussing litigation upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The minutes of the September 2, 1997, regular and executive sessions were approved upon Dr. Kasten's 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. Mayor Spradling and Mr. Williamson presented a Certificate of Appreciation to Michael Sterling, � Bernice Coar-Cobb, and the National Association for the Advancement of Colored People for their work in presenting the Back to School/Stay in School Family Summit. � This being the date set for a public hearing regarding the declaration of necessity to construct sanitary sewers to serve Lateral Sewer District No. 14-1-G2, Cape Commercial Park Subdivision, the hearing was opened. Mr. Wayne Hughes, owner of the Academy of Scuba Training, reyuested the city bring other properties into this sewer district to defer the cost of the project. Mr. Joe Ford stated his property in the district already has sewer service. The cost of the project is � too great for three property owners to bear and suggested adjoining property owners be brought into the district. Mr. Vernon Rhodes appeared and stated this project would cost less if the sewers would go south of the property instead of going across the highway. He is interested in putting in sewers to his property � on North Kingshighway, but the project could be completed cheaper under a private contract. i Upon questioning by Mr. Eggimann, City Engineer Mark Lester explained that this project could be done under a private contract according to the city's plans and specifications. Mr. Ashvin Patel stateci that the Super 8 Motel, which is in the district, is currently under construction and expected to open in January. Therefore, he will need sewers to his property very soon. Tom Holshouser also appeared regarding the Super 8 Motel and requested assistance in getting ihe sewer district completed as soon as possible. Mr. Scott Rhodes appeared and questioned where the city is at on completing this district. I 322 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SesSion 5eptember 15 19 97 $23787 Mayor Spradling responded that Mark Lester is the engineer in charge of the project. This hearing is to determine whether it is necessary to construct the sewer. There being no further appearances, the hearing was closed. This being the date set for a public hearing regarding the declaration of necessity to construct a water main to serve Twin Lakes Subdivision, the hearing was opened. Mr. Jim Kester requested a timetable � for this project and where the water mains will run. Mr. Lester responded that the mains will run along the south side of Hopper Road and west of the first street in Twin Lakes Subdivision. The City will advertise for bids on October 19, construction should begin in December, and completion should be sometime in May of next year. There being no further appearances, the hearing was closed. Mr. Eggimann thanked Mr. Melvin Gilhaus for the idea of putting in the turn lane on Broadway west of Caruthers. The following bills were given second and third readings: BILL NO. 97-203 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 RIGHT-OF- WAY FOR THE DETENTION RESERVOIR PORTION OF THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT BILL NO. 97-204 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR A SANITARY SEWER LATERAL FROM ROGER E. SKINNER AND JOANIE B. SKINNER BILL NO. 97-205 AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO ADOPTION OF A COMPREHENSIVE PLAN BILL NO. 97-207 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 2751 THOMAS DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-I AND G2 TO G2 BILL NO. 97-210 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ROMAN CATHOLIC DIOCESE, SPRINGFIELD-CAPE GIRARDEAU AND ST. VINCENT DE PAUL PAR[SH, FOR PURPOSES OF CONSTRUCTING, � MAINTAINING AND OPERATING A MEETING BUILDING WITH SHOP AIVD STORAGE USE AT 191 I WOODLAWN AVEIVUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 97-211 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SOUTHEAST MISSOURI SIGMA CHI FRATERNITY ASSOCIATION, FOR PURPOSES OF CONSTRUCTING, MAINTA(NING AND � OPERATING A WAREHOUSE AT 1134 NORTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI 323 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 15 �9 97 523787 BILL NO. 97-212 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO WALTER LEE JONES AND KATHLEEN WOODS, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A DOUBLE I WIDE MANUFACTURED (MOBILE) HOME AT 810 COLLEGE i STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI � BILL NO. 97-202 AN ORD[NANCE AMEND[NG THE LEVYING OF THE ANNUAL � CITY REVENUE TAX AND SPECIAL BUSINESS DISTRICT NO. 2 TAX, FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, 1998 BILL NO. 97-206 AN ORD[NANCE AUTHORIZ[NG THE CITY MANAGER TO EXECUTE A TRANSPORTATION ENHANCEMENT FUNDS PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR AESTHETIC LIGHTING OF THE BILL EMERSON MEMORIAL BRIDGE BILL NO. 97-213 AN ORDINANCE ANNEXWG LAND TO THE CITY OF CAPE , GIRARDEAU, MISSOURI, UPON THE REQUEST OF CAPE II GIRARDEAU COUNTY COMMISSION and BRUCE S. WATKINS i i B[LL NO. 97-214 AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF LINDEN STREET RIGHT-OF-WAY, FROM STURDIVANT STREET EAST TO GIBONEY AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 97-215 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF THE TWIN LAKES SPECIAL ASSESSMENT WATER DISTRICT, [N THE CITY OF CAPE GIRARDEAU, MISSOURI � BILL NO. 97-217 AN ORDINANCE ENACTING SECTION 29-102 OF THE CITY CODE RELAT[NG TO CENERAL SEWER USE REQUIREMENTS BILL NO. 97-220 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON NEW MADRID STREET, IN THE CITY OF CAPE G[RARDEAU, MISSOURI ! i BILL NO. 97-222 AN ORDINANCE ACCEPTING SEWER EASEMENTS FROM VAR[OUS PROPERTY OWNERS, FOR CONSTRUCTION OF A SANITARY SEWER TRUNK EXTENSION TO SERVE TWIN LAKES SUBDN[S[ON AND THE PROPOSED NOTRE DAME HIGH SCHOOL The second and third readings of BILL NOs. 97-203, 97-204, 97-205, 97-207, 97-210, 97-21 l, 97- 212, 97-202, 97-206, 97-213, 97-214, 97-215, 97-217, 97-220 and 97-222 were approved and the ordinances adopted upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Rickard abstained on BILL NOs. 97-207 and 97-21 I. BILL NO. 97-203 is ORDINANCE NO. 2235; BILL NO. 97-204 is ORDINANCE NO. 2236; BILL NO. 97-205 is ORDINANCE NO. 2237; BILL NO. 97-207 is ORDINANCE NO. 2238; BILL NO. 97-210 is ORDINANCE NO. 2239; BILL NO. 97- � I 324 Proceedings of the City Council, City of Cape Girardeau, Mo. _ Regular SeSSion September 15 i 9 97 523787 21 I is ORDfNANCE NO. 2240; BILL NO. 97-212 is ORDINANCE NO. 2241; BILL NO. 97-202 is ORDINANCE NO. 2242; BILL NO. 97-206 is ORD[NANCE NO. 2243; BILL NO. 97-213 is ORDINANCE NO. 2244; BILL NO. 97-214 is ORDINANCE NO. 2245; B[LL NO. 97-215 is � ORDINANCE NO. 2246; BILL NO. 97-217 is ORDINANCE NO. 2247; BILL NO. 97-220 is ORDINANCE NO. 2248; BILL NO. 97-222 is ORDINANCE NO. 2249. BILL NO. 97-209 was tabled to the October 6 City Council meeting upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-209 reads as follows: AN ORD[NANCE GRANTING A SPECIAL USE PERMIT TO FIRST ASSEMBLY OF GOD, [NC., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CHURCH AND DAY CARE PLAYGROUND AT 31 14 DOGWOOD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI � i BILL NO. 97-225 was given first reading as follows: i i I AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF P. DAV[D GERLACH AND JERRIE LYN GERLACH AND �� SUMMIT ENTERPRISES, L.L.C. � The first reading of BILL NO. 97-225 was approved upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-226 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO E & R LEASING COMPANY, FOR PROPERTY IN THE SOUTHWEST TRUNK SEWER PROJECT, PHASE 2, SECTION 2 ( The first reading of BILL NO. 97-226 was approved upon Mr. Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, ( Williamson. Nays, None. I BILL NO. 97-227 was given first reading as follows: AN ORDINANCE ESTABLISHING TIMES FOR FILING NOMINATING PETITIONS FOR THE APRIL 7, 1998, MUNIC[PAL GENERAL ELECTION The first reading of BILL NO. 97-227 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. 97-224 was presented as follows: A RESOLUTION AUTHORIZING THE CITX MANAGER TO EXECUTE AMENDMENT NO. , 2 TO AN AGREEMENT WITH BLACK & VEATCH, FOR THE TRANSPORTATION IMPROVEMENTS PROGRAM 1 I 325 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 15 19 97 S23787 The reading of BILL NO. 97-224 was approved and the resolution adopted upon Mr. Williamson's moUon, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, � I Spradling, Williamson. Nays, none. BILL NO. 97-224 is RESOLUTION NO. 1306. I, A temporary 5% beer by the drink license was approved for Paul A. Hendrix, d/b/a Cape Girardeau I Aircraft Owners and Pilots Club for an event to be held October 18, 1997, at the Cape Girardeau � Regional Airport, upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. A temporary 5% beer by the drink license was approved for James D. Maurer, d/b/a St. Vincent � DePaul Home and School Association for an event to be held November 6-9, 1997, at the A. C. Brase i Arena Building, upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, i Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. � � A temporary 5% beer by the drink license was approved for John Stotz, d/b/a Southeast Missouri � Hospital Foundation, for an event to be held November l3, 1997, at the Show Me Center, upon Mr. � Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, j Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. ' � A retail liqtior by the drink and Sunday sales license was conditionally approved for N. Louise � Kazzee, d/b/a Pockets, 2103 Independence, Louise Kazzee, Managing Officer, upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Dr. Kasten made a motion, seconded by Mr. Neumeyer, to remove from the agenda action relating to the detention basins for Red Oaks Subdivision and Melrose tl Subdivision. The motion was approved upon the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mr. Eggimann made a motion, seconded by Dr. Kasten, to file the recommendation of the Planning and Zoning Commission to disapprove the request of Charles R. Harrison, Ann Harrison Brinkopf, i Basil Harrison, Mary Potashnick, Harrison Revocable Trust, and Melvin G. Barks for a special use permit for a car wash at 1400 West Cape Rock Drive, in an R-1, single family residential district. The motion was approved upon the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Regarding zoning requirements for halfway houses, Mr. Neumeyer made a motion, seconded by Mr. Eggimann, to refer this issue to the Planning and Zoning Department for further refinement. The motion was approved upon the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, ISpradling, Williamson. Nays, none. ( I I _ � Mr. Eggimann stated that the City has submitted an application to the Missouri Department of � Economic Development for a community development block grant for extension of a rail spur to an industry on Nash Road. This expansion could create between 35 and 100 new jobs. Mr. Eggimann � made a motion, seconded by Dr. Kasten, that the City provide up to $25,500 as the City's share of the community development block grant which will provide an extension of the rail spur serving � industry on Nash Road. The motion was approved upon the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mayor Spradling stated that the Cape Girardeau County Commission has also agreed to provide one-half of the matching funds. � I I 326 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 15 19 97 523787 There being no further business, the Council adjourned upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. � A. . Spradling IIi, Mayor � � Gayle L. onrad, Deputy City Clerk � I � � I �� li �I I � I I i I i �i