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.
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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.
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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:
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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
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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
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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:
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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:
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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.
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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.
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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
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I L"!�^
Gayle, . Conrad, Deputy City Clerk
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