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HomeMy WebLinkAboutCouncil.Minutes.11-03-1997.Regular 351 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 3 19 97 523787 REGULAR SESSION- NOVEMBER 3, 1997 Council convened in regular session on Monday, November 3, 1997, at 7:30 p.m. with Mayor Albert M. Spradling, III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin i` Kasten, Tom Neumeyer, and J.J. Williamson present. � The invocation was presented by Cpt. Bob Gauthier of the Salvation Army, and the Pledge of Allegiance was recited. 'The Council convened in executive session prior to the regular session for the purpose of discuss►ng litigation and 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 20, 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, Spradling, Williamson. Nays, none. Tt�e agenda was adopted as distributed upon Mr. Neumeyer's motion, Mr. Eggimann's second, and f' the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, � none. This being the date set for a public hearing regarding the request of Meyer Realty and Mary Ewing- Crafton for a special use permit for an addition to the day care at 833 IVorth Spanish Street in an R-2, single family residential district, the hearing was opened. There being no appearances, the hearing was closed. 1'his being the date set for a public hearing regarding the request of Money Time Check Cashers, Inc. for a special use permit for storage use at I55 South Park Avenue in an R-3, two family residential district, the hearing was opened. Mr. Joe Wilson appeared in support of the request and to answer any questions. Upon questioning by Mr. Eggimann, Mr. Wilson stated that construction materials will be stored in the facility; no hazardous materials or flammables will be stored. There being no further appearances, the hearing was closed. This being the date set for a public hearing regarding an amendment of the Subdivision Regulations regarding utility easements, street lights, and right-of-way and pavement widths for low-density residential development, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing to consider the application of TCI Cablevision of Missouri, ' � Inc. for a newly amended Franchise Agreement for operation of a cable television system in the City of Cape Girardeau, the hearing was opened. Mr. Dwayne Black appeared and expressed concerns with the lack of information distributed on this issue. He stated that the original contract should be enforced and not amended. He questioned whether a converter box will be necessary with the new system. Mayor Spradling responded that TC[ is not obligated to install fibre optics until 1999. City Manager Michael Miller explained that the digital system should be in effect in April of 1998. One new channel will be added to the basic service immediately, and the upgrade in April, 1998, will and make available 36 more channels. A converter box will be necessary to receive the 36 additional channels. 352 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S2SSion November 3 1 g 97 523787 Mr. Tom Cantrell, Franchise Director for the Southeast Region of TCI Cablevision, appeared and explained the upgrade and the additional channels that will be available. The digital system will cost approximately $10 per month in addition to what a customer is presently paying. The converter box will be $3.00 per month and the remote control 30C per month. There being no further appearances, the hearing was closed. BILL NO. 97-254 was given first reading as follows: I AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MONEY TIlVIE CHECK CASHERS, INC., FOR PURPOSES OF MAINTAIIVING AND OPERATING A STORAGE USE AT I55 SOiTTH PARK AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI � 'The first reading of BILL NO. 97-254 was approved upon Mr. Gateley's motion, Mr. Williamson's isecond, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. i Nays, none. ! BILL NO. 97-259 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CABLE COMMiJ1VICATIONS FRANCHISE AGREEMENT WITH TCI CABLEVISION OF MIS50URI, INC. The first reading of BILL IVO. 97-259 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Enis Criddle, 1513 Themis, appeared regarding the petition for four-way stop signs near Franklin Elementary School. He stated there have been many accidents in this area not reported to the Police. The stop signs are necessary to slow down and reduce the tra�c through this neighborhood. Ms. Janet Criddle, 1513 Themis, appeared regarding the Franklin School stop signs and expressed concerns with the traffic in the area. She stated she would be in favor of any solution to the speeding problems. Mr. Jerry Rigdon appeared and stated that there are no School Zone signs in the 1500 block of Themis. High school students and school buses use Themis as a thoroughfare, and the only way to stop this is to put up stop signs. Mr. Steven Hoffman, 1451 Themis, appeared and explained that Themis is the only east-west thoroughfare besides Broadway, [ndependence and William. The signs would slow down the traffic and give the students a safe place to cross the street. Mr. Rocky Bender, 1509 Themis, stated that the houses in this area were built very close together and the trees obstruct the vision of traffic. The stop signs are needed to slow down traffic. Ms. Margaret Waterman, 1451 Themis, stated that this area is a family neighborhood and many young families are moving ►n with small children. 353 Proceedings of the: City Council, City of. Cape Girardeau, Mo. Regular SeSsion November 3 19 97 S23787 Mr. Gateley made a motion, seconded by Mr. Eggimann, directing city staff to meet with the parents and Franklin School officials to review the traffic studies and recommend a solution to the problem. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Ms. Lynn Hughes appeared regarding BILL NO. 97-242 and requested clarification of the ordinance. � Mayor Spradling explained that the Cape Commercial Park sewer district will only include the Super I 8 Hotel property. The plans include a trunk sewer extension near the Ford property, and the hotel will be the only entity assessed. Regarding trees being removed for the sidewalk and curb and gutter program, Mr. Eggimann stated there is a group that will be studying this before the program begins again in the Spring. The following bills were given second and third readings: BILL NO. 97-244 AN ORDINANCE ACCEP'TING A GENERAL WARRANTY DEED FROM L. R. ROPER JR., TRUSTEE OF THE L. R. ROPER, JR. VOLUNTARY TRUST OF NOVEMBER 4, 1991, FOR RIGHT-OF-WAY FOR THE DETENTION RESERVOIR PORTION OF THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT BILL NO. 97-246 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 BILL NO. 97-247 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS FROM GENEVA NADINE HEUER, TRUSTEE, JOSEPH J. RUS5ELL, TRUSTEE, AND JERRY L. SCHWAB, TRUSTEE, FOR THE SAI�TITARY SEWER IMPROVEMENT PROGRAM PHASE I, WEST SIDE RELIEF SEWER BILL NO. 97-251 AN ORDINANCE ACCEPTING DEEDS FROM VARIOUS PROPERTY OWNERS FOR THE 1995 FLOOD BUYOUT PROGRAM The second and third readings of BILL NOs. 97-244, 97-246, 97-247, and 97-251 were approved and the ordinances adopted upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: � Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97- ! 244 is ORDINANCE NO. 2267; BILL NO. 97-246 is ORDWANCE NO. 2268; BILL NO. 97-247 is ORDINANCE NO. 2269; BILL NO. 97-251 is ORDINANCE NO. 2270. BILL NO. 97-253 was given first reading as follows: � 354 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 3 19 97 523787 ~ AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MEYER REALTY AND ' MARY EWING-CRAFTON, FOR PURPOSFS OF CONSTRUCTING, MAINTAIIVING AND OPERATING AN ADDITION TO THE DAY CARE AT 833 NORTH SPAIVISH � ISTREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI � �The first reading of BILL NO. 97-253 was approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-273 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY CODE REGARDING SUBDIVISION REGULATIONS The first reading of BILL NO. 97-273 was approved upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 97-261 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, ESTABLISHING SPEED LIlVIIT5 ON MISSOURI ROUTE 74/SHAWNEE PARKWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-261 was approved upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-262 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 SIEMERS DRIVE AT MISSOURI ROUTE 74/SHAWNEE PARKWAY, AND ON THE I-55 EXIT RAMPS AT MISSOURI ROUTE 74, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-262 was approved upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. ' Nays, none. � BILL NO. 97-263 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE, BY PLACING YIELD SIGNS ON SIEMERS DRIVE, MISSOURI ROUTE � 74/SHAWNEE PARKWAY, I-55 RAMPS, AND SILVER SPRINGS ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI � 355 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SessiOn November 3 19 97 S23787 The first reading of BILL NO. 97-263 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. � BILL NO. 97-265 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS FOR TI�DEMOLITTON OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU The first reading of BILL NO. 97-265 was approved upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. � BILL NO. 97-266 was given first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FROM DAREL ROBERTS AND BETTY ROBERTS FOR THE STREET OVERLAY PROGRAM, NEW MADRID STREET FROM CLARK STREET TO PERRY AVENUE � The first reading of BILL NO. 97-266 was approved upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-267 was given first reading as follows: AN ORDINANCE ACCEP'ITNG A WATER LINE EASEMENT FROM P. DAVID GERLACH AND JERRIE L. REID GERLACH, FOR A WATER LINE TO SERVE I LYNWOOD HILLS SUBDIVISION The first reading of BILL NO. 97-267 was approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-268 was given first reading as follows: AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO INCLUDE PROPERTY OF CAPE GIRARDEAU COUNTY COMMISSION AND BRUCE S. WATKINS AND P. DAVID GERLACH AND JERRIE LYN GERLACH AND SUlVIlVIIT ENTERPRISES, L.L.C. The first reading of BILL NO. 97-268 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-270 was given first, second and third readings as follows: I 356 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 3 19 97 523787 AN ORDINANCE AMENDING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-C-2, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1- C, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first, second and third readings of BILL NO. 97-270 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. 97-270 is ORDINANCE NO. 2271. BILL NO. 97-242 was given first, second and third readings as follows: AN ORDWANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECT[NG THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, OF MAK[NG CERTAIN SEWER IMPROVEMENTS IN CAPE COMMERC[AL PARK SUBDIVISION, LATERAL SEWER DISTRICT NO. 14-I-G2, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Dr. Kasten made a motion, seconded by Mr. Neumeyer, to approve the first, second and third readings of BILL NO. 97-242 and to adopt the ordinance. Mr. Gateley questioned where it is stated in the ordinance that the existing engineering drawings will be used to allow a sewer connection at the Rhodes property. City Attorney Eric Cunningham responded that Article 3 of the Ordinance states that the plans are on file with the City Clerk. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,Spradling, Williamson. Nays, none. BILL NO. 97- 242 is ORDINANCE NO. 2272. BILL NO. 97-274 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY PLACING STOP SIGNS ON SIEMERS DRIVE, BLOOMFIELD ROAD AND BEAVERCREEK DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-274 was approved upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Gateley stated that the Council agreed in study session that in the fut�ire traffic signals could be placed in this area if inerited by the traffic patterns. B[LL NO. 97-260 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT OF OBLIGATION WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR THE LANDFILL POST-CLOSURE The reading of BILL NO. 97-260 was approved and the resolution adopted upon Mr. Neumeyer's � motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-260 is RESOLUTION NO. 1319. B[LL NO. 97-264 was presented as follows: i � i 357 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSiOn November 3 �9 97 523787 t A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE LAND SUBDIVISION BOND SUBMITTED BY HOLIGAN FAMILY INVFS'TMENTS, INC., FOR FORFST HILLS ESTATES SUBDIVISION PHASE I, IN � THE CITY OF CAPE GIRARDEAU, MISSOURI I The reading of BILL NO. 97-264 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-264 is RESOLUTION NO. 1320. BILL NO. 97-269 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A � i MICROFILM SERVICES AGREEMENT WITH MICROTEK DOCUMENT IMAGING � SYSTEMS The reading of BILL NO. 97-269 was approved and the resolution adopted upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-269 is RESOLUTION NO. 1321. BILL NO. 97-271 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN � AGREEMENT WITH MONROE PLUMBING & HEATING, INC., FOR WALKER BRANCH III SEWER RELOCATION The reading of BILL NO. 97-271 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. 97-271 is RESOLUTION NO. 1322. BILL NO. 97-272 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH R & K EXCAVATION, INC., FOR CONSTRUCTING SAIVITARY SEWERS TO SERVE TWIN LAKES SUBDIVISION T'he reading of BILL NO. 97-272 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-272 is RESOLUTION NO. 1323. BILL NO. 97-275 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH CHARLEEN BACK, FOR A GIFT SHOP AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 97-275 was approved and the resolution adopted upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL IVO. 97-275 is RESOLUTION NO. 1324. 358 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S2SSion November 3 19 97 S23787 BILL NO. 97-276 was presented as follows: A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, FOR A LOAN UNDER I THE SAFE DRINKING WATER ACT AND THE DRINKING WATER STATE REVOLVING FUND LOAN PROGRAM The reading of BILL NO. 97-276 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. BILL NO 97-276 is RESOLUTION NO. 1325. Mr. Tom Mogelnicki, Mr. R. J. McKinney, and Mr. George Bockhorst, Sr. were appointed to the Planning and Zoning Commission for terms expiring November I, 2001, upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mr. Eggimann made a motion, seconded by Mr. Gateley, to remove from the approved construction plans for Ashland Courts Subdivision the extension of Prospect Drive approximately two hundred feet beyond the intersection of Granite Drive. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Mayor Spradling called for further discussion regarding the petition for four-way stop signs near Franklin Elementary School. Mr. Enis Criddle questioned who to contact for the meeting with city staff. Mayor Spradling directed him to speak to the Police Chief. Mayor Spradling stated the Chanr�el 5 bulletin board was discussed in Study Session. Mayor Spradling explained that two weeks ago the Jackson High School and Central High School � football game took place. He had a wager with the Mayor of Jackson that the Mayor of the losing � City would wear a sweatshirt from the winning City. The City of Jackson won; however, they did � not deliver the shirt. Mayor Spradling agreed to wear the shirt at the next Council meeting if the City ( of Jackson would deliver. I There being no fiirther business, the Council adjourned upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. A. M. Spradling III, Mayor i /n//��/� I L"!�^ Gayle, . Conrad, Deputy City Clerk � � ,