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HomeMy WebLinkAboutCouncil.Minutes.10-06-1997.Regular 329 Proceedings of the City Council, City of Cape Girardeau, Mo. _Regular SeSsion __ October 6 9� ---- --- - ------ - — � _____ S23787 REGLTI.AR SESSION - OCTOBER 6, 1997 Council convened in regular session on Monday, October 6, 1997, at 7:30 p.m. with Mayor Albert M. 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 Mr. Gateley, and the Pledge of Allegiance was recited. The Council convened in executive session prior to the regular session for the purpose of discussing real estate acquisition upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The minutes of the September 15, 1997, regular and executive sessions were approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. The agenda was adopted as distributed upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mayor Spradling welcomed back Mr. Gateley from his recent illness. Mr. Gateley thanked everyone for their prayers and support. This being the date set for a public hearing regarding the request of G. Keith Deimund Trust and Americare Properties, Inc. for a special use permit for a 12-unit residential care facility at 2906 Beavercreek Drive in a C-1, local commercial district, the hearing was opened. Mr. Bruce Hillis appeared on behalf of Americare Properties to answer any questions. There being no further appearances, the hearing was closed. BILL NO. 97-230 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO G. KEITH DEIMUND TRUST AND AMERICARE PROPERTIES, [NC., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A 12-UNIT RESIDENTIAL CARE FACILITY AT 2906 BEAVERCREEK DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Tt�e first reading of BILL NO. 97-230 was approved upon Mr. Eggimann's motion, Mr. Williamson'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 regarding an amendment of the zoning ordinance regarding residential or outpatient facilities for alcohol or other drug abuse treatment for more than twenty persons in"C"districts, the hearing was opened. There being no appearances, the hearing was closed. Mayor Spradling presented the Award of Financial Reporting Achievement to Finance Director John Richbourg. This award is sponsored by the Government Finance Officers Association of the United States and Canada. This is the third year the City has received the award. I I 330 Proceedings of the City Council, City of Cape Girardeau, Mo. _ Regular SeSsion October 6 9719 S23787 Mr. Joe Ford appeared regarding sewer improvements in Cape Commerc►al Park Subdivision. This sewer district only involves three properties. His portion of the cost is $18,500, and as a small business owner he is not able to afford this improvement. His property is already served by a septic system. Mr. Wayne Hughes also appeared regarding this sewer improvement. He stated the sewers are needed but the cost is too high. He requested the Council abolish the ordinance or include additional property owners in the sewer district. Mr. Tom Holshouser appeared on behalf of the owner of Super 8 Motel regarding sewers for Cape Commercial Park Subdivision. He requested the city continue with this project and possibly donate funds to complete the sewers. If ihe city chooses to include additional properties, the project will start over and the sewers will not be completed in time for the motel to open. Ms. Teresa Seary appeared on behalf of Super 8 Motel and requested the city proceed with this sewer Iproject. The motel plans to open on January 8, 1998. � Mr. Ashvin Patel, President of Kishan Corporation, stated that Mr. Hughes initiated the petition to form the sewer district and now has changed his mind. � Mr. Scott Rhodes appeared regarding this sewer project. His family owns property adjacent to Cape Commercial Park Subdivision. His family wants the sewers to be developed but does not want to be included ►n the sewer district. He stated his family would donate $10,000 for this project to help reduce the cost per square foot for the other property owners, contingent on the manhole on the Ford property being placed at the proper elevation to serve the Rhode's property and the city acquiring the easement from the State to cross Boulder Crest Drive. ! BILL NO. 97-242 was given first reading as follows: AN ORDINANCE REAFFIRM[NG THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDWG FOR THE IMPROVEMENT, DIRECTING THE CITY I MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR i I THE MANNER OF PAYMENT OF THE WORK, OF MAKING CERTAIN SEWER IMPROVEMENTS IN CAPE COMMERCIAL PARK SUBDIVISION, LATERAL SEWER DISTRICT NO. 14-1-G2, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Neumeyer made a motion, seconded by Mr. Gateley to table the first reading of BILL NO. 97- 242 to the October 20 City Council meeting. The motion was approved upon the following vote: � Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Mayor I Spradling stated it is not the city's policy to pay for lateral sewers. He suggested the property owners involved meet and discuss this matter and the city investigate other alternatives for this project. Ms. Kristin Lowry, 1606 Lexington, appeared and stated her son had been struck by a motor vehicle on Lexington Avenue at no fault to the driver. She stated she had discussed traffic issues with Sgt. Davis of the Police Department, and she understood that lower speed limits and four way stops do not necessarily help in reducing the speed of traffic. The only solution is to increase traffic patrol in the area. She requested the City Council look into funding to pay for additional police officers to increase traffic patrol in the city. Mayor Spradling requested the Police Chief look into this matter. I � ! 331 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular __ Session October 6 9.�g 523787 Mayor Spradling announced there would be a special City Council meeting on Monday, October 13, 1997, at4:30 p.m. to discuss a water line proposal between the City and officials from Notre Dame High School. City Manager Michael Miller requested BILL NO. 97-225 be withdrawn from the agenda and tabled to the October 20 City Council meeting. BILL NO. 97-225 was given second and third readings as follows: { AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF P. DAVID GERLACH AND JERRIE LYN GERLACH AND ' SUMMIT ENTERPRISES, L.L.C. ( i Mr. Neumeyer made a motion, seconded by Mr. Eggimann, to table second and third reading approval of BILL NO. 97-225 to the October 20, 1997, City Council meeting. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, � Williamson. Nays, none. i I I The following bills were given second and third readings: BILL NO. 97-226 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 B[LL NO. 97-227 AN ORDINANCE ESTABLISHING TIMES FOR FILWG NOM[NATING PETITIONS FOR THE APRIL 7, 1998, MUNICIPAL GENERAL ELECTION The second and third readings of BILL NOs. 97-226 and 97-227 were approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-226 is ORDINANCE NO. 2250; BILL NO. 97-227 is ORDINANCE NO. 2251. BILL NO. 97-228 was given first reading as follows: � AN ORDINANCE AUTHOR[ZING THE ACQUISITION OF PROPERTY FOR THE HOPPER ROAD BRIDGE PROJECT The first reading of BILL NO. 97-228 was approved upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-229 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 PARK WEST HEIGHTS DRIVE AT GORDONVILLE ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 332 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6 97 �9 S23787 i The first reading of BILL NO. 97-229 was approved upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, None. BILL NO. 97-231 was given first reading as follows: AN ORDINANCE AMENDING SECT[ON 26-229 OF THE CITY CODE RELATING TO SEAT BELTS FOR PASSENGER CARS AND TRUCKS The first reading of BILL NO. 97-231 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. � BILL NO. 97-232 was given first reading as follows: iAN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO �� RESIDENTIAL OR OUTPAT[ENT TREATMENT FACILITIES FOR ALCOHOL OR OTHER I DRUG ABUSE 1 The first reading of BILL NO. 97-232 was approved upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-233 was given first reading as follows: AN ORDWANCE AMENDING CHAPTER 16 OF THE C[TY CODE RELATING TO JURY TRIALS ' The first reading of BILL 1V0. 97-233 was approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-234 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON ILLINOIS AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI � The first reading of BILL NO. 97-234 was approved upon Mr. Williamson's motion, Mr. Gateley's I second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, � Williamson. Nays, none. BILL NO. 97-235 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF THE CITY CODE, ESTABLISHING LIMITED PARKING ON SPRfNG AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI I I I I 333 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session ___ October 6 97�9 523787 The first reading of BILL NO. 97-235 was approved upon Dr. Kasten's motion, Mr. Gateley's � second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-239 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON SPRIGG STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI I � The first reading of BILL NO. 97-239 was approved upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-241 was given first reading as follows: AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY � MANAGER TO ENTER [NTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, FOR THE CONSTRUCTION OF A WATER MAIN SYSTEM TO SERVE TWIN LAKES SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of B[LL NO. 97-241 was approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-236 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ASA ASPHALT, INC. FOR THE 97-1 FOUR INCH ASPHALTIC PAVEMENT PROGRAM The reading of BILL NO. 97-236 was approved and the resolution adopted upon Mr. Gateley's Imotion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-236 is RESOLUTION NO. 1307. BILL NO. 97-237 was presented as follows: � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5 TO AN AGREEMENT DATED SEPTEMBER 7, 1994, WITH SVERDRUP CIVIL, INC., FOR ENGINEERING SERVICES FOR THE SANITARY SEWER IMPROVEMENT PROGRAM i The reading of BILL NO. 97-237 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. B[LL NO. 97-237 is RESOLUTION NO. 1308. BILL NO. 97-238 was presented as follows: � ( II 334 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SessiOn October 6 9719 S23787 I A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AND CONCESSION AGREEMENT WITH ENTERPRISE RENT-A-CAR, AT THE CAPE � GIRARDEAU REGIONAL AIRPORT � The reading of BILL NO. 97-238 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-238 is RESOLUTION NO. 1309. BILL NO. 97-240 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR ENGINEERING SERVICES WITH KOEHLER ENGINEERING AND LAND SURVEYING, FOR ' THE SILVER SPRINGS ROAD PROJECT ( The reading of BILL NO. 97-240 was approved and the resolution adopted upon Dr. Kasten's motion, � Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, I !j Rickard, Spradling, Williamson. Nays, none. BILL NO. 97-240 is RESOLUTION NO. 1310. I '� A 5% beer by the drink license was approved for Toros-Lee, [nc., d/b/a Cafe Alexander, 1034 � Broadway, Amalia Demopoulos, Managing Officer, upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. Regarding halfway houses, Mr. Neumeyer made the following motion: That the original ordinance prepared regarding halfway houses be brought before the City Council at the October 20 meeting with the following changes: 1. Juvenile faciliUes be specifically exduded from the restrictions of the ordinance and that these facilities be given separate consideration at another time. �� 2. Halfway house facilities be allowable only in C-1, G2, C-3, M-I, M-2, M-3, and A-1 zones. � 3. The building should offer appropriate and reasonable security. 4. Halfway house facilities can only be allowed by special use permit in the previously listed zones, and special consideration be given when the facility would be located in proximity to: Ia) another such or similar facility; b) public, parochial, or private schools; c) group homes for adults or juveniles; d) nursing, rest, or convalescent homes; e) children's nursery or day care centers; � residential areas; g) facilities for the mentally or physically handicapped. i 5. No outside evidence and no sign indicating use. 6. Halfway house would be required to demonstrate that there would be no negative impact on property in proximity to the facility. 7. The permit shall be issued for a two year period, and may be renewed for a subsequent two year period by the City Council after a public hearing. Mr. Eggimann seconded the motion, and the motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. � i Mr. Rickard read a letter to the Council resigning his position as City Councilman for Ward 3 in the City of Cape Girardeau effective immediately. He reyuested the City Council accept his resignation. � Mr. Eggimann made a motion, seconded by Mr. Williamson, to accept the resignation of Mr. Rickard I as Ward 3 City Councilman. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. � 335 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6 9 _ _ ---- - — ---—- ---�t 9 _--— S23787 Mr. Eggimann made a motion, seconded by Mr. Gateley, declaring a vacancy in the City Council Ward 3 position for purposes of the April 7, 1998, City Council election, and that the person elected for this Ward shall serve the remainder of the term for this position. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. � There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, � Williamson. Nays, none. i A. M. Spradling III, Mayor �� � � ;�l,fCcL� j Gayle L. onrad, Deputy City Clerk i� �� � �i � I �' i i � I �� �I i � � �