The URL can be used to link to this page

Home My WebLink AboutCouncil.Minutes.10-20-1997.Regular 341 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSiOtI October 20 19 97 S23787 REGULAR SESSION- OCTOBER 20, 1997 Council convened in regular session on Monday, October 20, 1997, at 7:30 p.m. with Mayor Albert M. Spradling, III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin Kasten, Tom Neumeyer, and J.J. Williamson present. ` The invocation was presented by Rev. Paul Short of St. Andrew Lutheran Church, and the Pledge of Allegiance was recited. The Council convened in executive session prior to the regular session for the purpose of discussing personnel issues upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The minutes of the October 6, 1997, regular and executive sessions, and October 13, 1997, special and executive sessions, were approved upon Dr. Kasten's motion, Mr. Williamson's second, and the I following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. i The agenda was adopted as distributed upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mayor Spradling presented a plaque to Mr. David Giles recognizing him for 30 years of dedicated service on the Cape Girardeau Police Reserves. Mayor Spradling presented a plaque to Mr. Jack Rickard recognizing his service on the Cape Girardeau City Council. Mr. Jeff Hine appeared on behalf of the Gibson Center regarding BILL NO. 97-197 on halfway houses. He stated the proposed ordinance would prevent the Center from entering into a contract with Missouri Probation and Parole for halfway house services. He requested that the special use permit provisions not be limitecl to two years. In addition, there are many conditions that are too indefinite, such as security. Mr. Don Howard appeared in opposition to BILL NO. 97-197 stating there are many elderly and handicapped that live in the area surrounding the Gibson Center. 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. 97-197 and to adopt the ordinance. Mr. Neumeyer made an amending motion, seconded by Mr. Eggimann, to remove Section 30-39(d)(37)(� relating to a two-year time limit for the permit. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-197 is ORDINANCE NO. 2252. 1 342 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOtI October 20 19 97 S23787 Mr. Tom Holshouser appeared regarding BILL NO. 97-242. He requested the City Council make a decision this evening regarding the sewer district and that the ordinance be given emergency reading. Upon questioning by Mayor Spradling, City Attorney Eric Cunningham explained that a new ordinance will be necessary to amend the sewer district boundaries; the district was established approximately one year ago. Scott Rhodes appeared and reaffirmed The Rhodes Group offer of$20,000 to be used at the City Council's discretion for the construction of Cape Commercial Park sewer district. BILL NO. 97-242 was given first reading as follows: AN ORDINANCE REAFFIRMING THE ACTION OF THE C[TY COUNCIL DECLARING IT NECESSARY TO [MPROVE, PROVIDING 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 MAKING CERTAIN SEWER [MPROVEMENTS IN CAPE COMMERCIAL PARK SUBDIVISION, LATERAL SEWER DISTRICT NO. 14-1-G2, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Eggimann made a motion, seconded by Mr. Williamson to table BILL NO. 97-242 to the November 3 City Council meeting. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Gateley made a motion, seconded by Mr. Eggimann to place an ordinance on the November 3 City Council agenda for emergency reading to modify the original Sewer District No. 14-I-C-2 to include only the hotel, with a$20,000 contribution from The Rhodes Group, and use the existing engineering drawing that allows Mr. Rhodes a connection at the Ford property. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Gary Arnold appeared in support of BILL NO. 97-250 and to answer any questions. B[LL NO. 97-250 was given first, second and third readings as follows: � AN ORDINANCE APPROVING THE RECORD PLAT OF SWEETBRIAR TOWNHOUSES The first, second and third readings of BILL NO. 97-250 were approved and the ordinance adopted upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-250 is � ORDINANCE NO. 2253. � Mr. Eggimann stated that the Street Light Agreement with Union Electric will allow more street lights to be upgraded in the southern portion of the city. Under the present contract, 92 lights will be upgraded. Mr. Gateley commended city staff for installation of the automatic doors at the rear entrance to city hall. In addition he stated that the Halloween artwork on display in city hall was created by the fourth, fifth and sixth graders of the public and parochial schools. I i 343 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SessiOn October 20 19 97 523787 Air r M n er Bruce Lo on the success of Aviation Da s this ast � Mr. Neumeyer commended po t a ag y y p weekend. Mr. Loy reported on the attendance and the activities at the event. He thanked the city staff and sponsors for their help with the airshow. The following bills were given second and third readings: BILL NO. 97-225 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. B[LL NO. 97-228 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE HOPPER ROAD BRIDGE PROJECT BILL NO. 97-229 AN ORDINANCE AMENDWG 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 i CAPE GIRARDEAU, MISSOURI ;� BILL NO. 97-230 AN ORDINANCE GRANTING A SPECIAL USE PERMiT TO G. KEITH DEIMUND TRUST AND AMERICARE PROPERT[ES, [NC., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A 12-UNIT RES[DENTIAL CARE FACILITY AT 2906 BEAVERCREEK DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 97-231 AN ORDINANCE AMENDING SECTION 26-229 OF THE CITY CODE � RELATING TO SEAT BELTS FOR PASSENGER CARS AND TRUCKS BILL NO. 97-232 AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO RESIDENTIAL OR OUTPATIENT TREATMENT I FAC[LITIES FOR ALCOHOL OR OTHER DRUG ABUSE B[LL NO. 97-233 AN ORDINANCE AMENDWG CHAPTER l6 OF THE CITY CODE RELATING TO JURY TRIALS BILL NO. 97-234 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF � THE CITY CODE, ESTABLISHING NO PARKING ON ILLINOIS AVENUE, IN THE C[TY OF CAPE G[RARDEAU, M[SSOURI BILL NO. 97-235 AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF THE C[TY CODE, ESTABLISHING LIMITED PARKING ON SPRING AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 97-239 AN ORD[NANCE 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 f � 344 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 20 �9 97 S23787 BILL NO. 97-241 AN ORDINANCE REAFF[RMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDWG 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, FOR THE CONSTRUCTION OF A WATER MAIN SYSTEM TO SERVE TWIN LAKES SUBD[VISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOs. 97-225, 97-228, 97-229, 97-230, 97-231, 97-232, 97- 233, 97-234, 97-235, 97-239 and 97-241 were approved and the ordinances adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-225 is ORDINANCE NO. 2254; BILL NO. 97-228 is ORDINANCE NO. 2255; BILL NO. 97-229 is ORDINANCE NO. 2256; BILL NO. 97-230 is ORDINANCE NO. 2257; BILL NO. 97-231 is ORDINANCE NO. 2258; BILL NO. j 97-232 is ORDINANCE NO. 2259; B[LL NO. 97-233 is ORDINANCE NO. 2260; BILL NO. 97- 1 234 is ORDINANCE NO. 2261; BILL NO. 97-235 is ORDINANCE NO. 2262; B[LL NO. 97-239 is ORDINANCE NO. 2263; B[LL NO. 97-241 is ORDINANCE NO. 2264. BILL NO. 97-244 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM L. R. ROPER JR., TRUSTEE OF THE L. R. ROPER, JR. VOLUNTARY TRUST OF NOVEMBER 4, 1991, FOR RIGHT-0E-WAY FOR THE DETENTION RESERVOIR PORTION OF THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The first reading of BILL NO. 97-244 was approved upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. � BILL NO. 97-246 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CHARLES F. BLATTNER, TRUSTEE, JOYCE E. BLATTNER, TRUSTEE, JERRY E. ERLBACHER, TRUSTEE AND MARTHA B. ERLBACHER, TRUSTEE The first reading of BILL NO. 97-246 was approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. �I Nays, None. I BILL NO. 97-247 was given first reading as follows: AN ORD[NANCE ACCEPTING A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS FROM GENEVA NADINE HEUER, TRUSTEE, JOSEPH J. RUSSELL, TRUSTEE, AND JERRY L. SCHWAB, TRUSTEE, FOR THE SANITARY SEWER IMPROVEMENT PROCRAM PHASE I, WEST SIDE RELIEF SEWER The first reading of BILL NO. 97-247 was approved upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. (� 345 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSiOn October 20 19 97 S23787 � _,- � BILL NO. 97-249 was given first, second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF FOREST HILLS ESTATES SUBDIVISION The first, second and third readings of BILL NO. 97-249 were approved and the ordinance adopted upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-249 is ORDINANCE NO. 2265. � BILL NO. 97-251 was given first reading as follows: i AN ORDINANCE ACCEPTING DEEDS FROM VARIOUS PROPERTY OWNERS FOR THE 1995 FLOOD BUYOUT PROGRAM The first reading of BILL NO. 97-251 was approved upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-256 was given first, second and third readings as follows: AN ORDINANCE APPROViNG THE RECORD PLAT OF DKR 2ND SUBDIVISION The first, second and third readings of BILL NO. 97-256 were approved and the ordinance adopted upon Dr. Kasten's motion, Mr. Williamson"s second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-256 is ORDINANCE NO. 2266. BILL NO. 97-245 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE STATE EMERGENCY MANAGEMENT AGENCY FOR THE NATIONAL EARTHQUAKE HAZARD REDUCTION PROGRAM The reading of BILL NO. 97-245 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. IVays, none. B(LL NO. 97-245 is RESOLUTION NO. 1313. BILL NO. 97-248 was presented as follows: A RESOLUT[ON DECLARING THAT THE CITY OF CAPE GIRARDEAU WILL PURSUE ACTIVITIES TO BECOME A DISASTER RESISTANT COMMUNITY The reading of BILL NO. 97-248 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-248 is RESOLUTION NO. 1314. � B[LL NO. 97-252 was presented as follows: 346 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Sessiorl October 20 �9 97 S23787 A RFSOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH THE MISSOURI HOUSING DEVELOPMENT COMMISSION, MISSOURI HOUSING TRUST FUND PROGRAM, AND AUTHORIZING THE CITY MANAGER TO PURSUE ACTIV[T[ES IN AN ATTEMPT TO SECURE FUND[NG TO SUPPLEMENT A � NEIGHBORHOOD REHAB[LITATION PROJECT The reading of B[LL IVO. 97-252 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-252 is RESOLUTION NO. 1315. BILL NO. 97-255 was presented as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION The reading of BILL NO. 97-255 was approved and the resolution adopted upon Mr. Gateley's imotion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, I Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-255 is RESOLUTION NO. 1316. BILL NO. 97-257 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DUTCH ENTERPRISES, [NC., FOR THE WEST S[DE RELIEF SEWER PROJECT The reading of BILL NO. 97-257 was approved and the resolution adopted upon Mr. Williamson's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-257 is RESOLUTION NO. 1317. BILL NO. 97-258 was presented as follows: A RESOLUTION AUTHORIZ[NG THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ROBINSON CONSTRUCTION COMPANY, FOR THE COLLEGE/HENDERSON NORTH CSO SEWER PROJECT The reading of BILL NO. 97-258 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. B[LL NO. 97-258 is RESOLUTION NO. 1318. Mr. Jay Crosnce, Mr. Larry Essner, Mr. Rick Wieser and Dr. Sheila Caskey were appointed to the Parks and Recreation Advisory Board for terms expiring October 29, 2000, upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Michael Hopen and Mr. Ron Carlton were appointed to the Golf Course Advisory Board for terms expiring November 12, 2000, upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. �� 347 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Sesslon October 20 i 9 97 S23787 A 5% beer and wine by the drink license was approved for Amornrat Rifenberg, Manee Thai Food &Noodle, 1315 Broadway, Amornrat Rifenberg, Managing Officer, upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. � The remaining stormwater improvements for Melrose II Subdivision were accepted into the city's system, and the remaining escrow balance of$2,000.00 was released upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, ; Spradling, Williamson. Nays, none. � Mr. Eggimann made a motion, seconded by Mr. Neumeyer, to set a public hearing for November 3, 1997, regarding an application for amendment of the Cable Communications Franchise Agreement ( between the City of Cape Girardeau and TCI Cablevision of Missouri, Inc. The motion was approved � upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, 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, Spradling, Williamson. Nays, none. I A.` . Spradling III, Mayor I �/ Gayle L. onrad, Deputy City Clerk