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Home My WebLink AboutCouncil.Minutes.11-17-1997.Regular 361 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSsiOn November 17 19 97 S23787 REGULAR SESSION- NOVEMBER 17, 1997 I Council convened in regular session on Monday, November 17, 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. Fred Burgard of Faith Evangelical Free Church, and the Pledge of Allegiance was recited. The minutes of the November 3, 1997, regular and executive sessions were approved upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, i Kasten, Neumeyer, Spradling, Williamson. Nays, none. �I I I The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. I This being the date set for a public hearing regarding a petition for voluntary annexation presented by Michael A. and Bonnie C. Smith for a three-lot tract adjoining the northwest city limits, the hearing was opened. Mr. Mike Smith appeared in support of the request and to answer any questions. Mr. Gateley made a motion, seconded by Mr. Williamson, to grant to Michael and Bonnie Smith a waiver � of the City's annexation policy to allow the connection of the first apartment unit located on Lot 11, I; Lynwood Hills Fstates Subdivision, address 2755 Lynwood Hills Drive, to the City's water and sewer lines prior to completion of the annexation process, subject to the following conditions: (1) it is limited to the one apartment building on Lot 1 l; (2) the construction of the building must meet all code requirements at the time of connection; (3) the necessary out-of-district sewer connection must be applied for and granted by the Council; (4) all necessary permits and fees must have been applied for and paid by the time any connection is authorized by the staff; and (5) the waiver will not become effective until the mandatory l4-day objection period to the annexation is over, which will be December 2, 1997. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. There being no further appearances, the hearing was closed. Mr. Gateley stated that the Class of 2000 is designing a City flag. Ms. Maggie Clark, a student of the Class of 2000 at Cape Central High School, announced that the class will be participating in a clean-up program for the south side of Cape on Saturday, November 22, 10:30 a.m. Volunteers are needed to help with the program. Mr. Gateley made a motion, seconded by Mr. Eggimann, that a tour of city sites be conducted for the � City Council between December 1 and 10, with the Council members suggesting sites to visit. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The following bills were given second and third readings: BILL NO. 97-253 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MEYER REALTY AND MARY EWING-CRAFTON, FOR PURPOSES OF CONSTRUCTING, MAINTAIN[NG AND OPERATING AN ADDITION TO THE DAY CARE AT 833 NORTH SPANISH STREET, [N THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI 362 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 17 19 97 523787 BILL NO. 97-254 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MONEY TIME CHECK CASHERS, INC., FOR PURPOSES OF MA[NTAINING AND OPERAT[NG A STORAGE USE AT I55 SOUTH PARK AVENUE, (N THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILI. NO. 97-273 AN ORDWANCE AMENDING CHAPTER 25 OF THE CITY CODE REGARDING SUBDIVISTON REGULATIONS BILL NO. 97-259 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO � EXECUTE A CABLE COMMUNICATIONS FRANCHISE AGREEMENT WITH TCI CABLEVISION OF MISSOURI, INC. BILL NO. 97-261 AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, ESTABLISHING SPEED LIMITS ON MISSOURI ROUTE 74/SHAWNEE PARKWAY, IN THE CITY OF CAPE CIRARDEAU, MISSOURI BILL NO. 97-262 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY PLAC[NG A STOP SIGN ON SIEMERS DRIVE i AT MISSOURI ROUTE 74/SHAWNEE PARKWAY, AND ON THE I-55 ! EXIT RAMPS AT MISSOURI ROUTE 74, W THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 97-263 AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE, BY PLACWG Y[ELD SIGNS ON SIEMERS DRIVE, MISSOURI ROUTE 74/SHAWNEE PARKWAY, I-55 RAMPS, AND SILVER SPRINGS ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 97-265 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL TAX B[LLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU BILL NO. 97-266 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FROM DAREL ROBERTS AIVD BETTY ROBERTS FOR THE STREET OVERLAY PROGRAM, NEW MADRID STREET FROM CLARK STREET TO PERRY AVENUE BILL NO. 97-267 AN ORDINANCE ACCEPTING A WATER LINE EASEMENT FROM P. DAVID GERLACH AND JERRIE L. REID GERLACH, FOR A WATER LINE TO SERVE LYNWOOD HILLS SUBDIVISION I BILL NO. 97-268 AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO INCLUDE PROPERTY OF CAPE G[RARDEAU COUNTY COMMISSION AND BRUCE S. WATKINS AND P. DAVID GERLACH AND JERRIE LYN GERLACH AND SUMMIT ENTERPRISES, L.L.C. 363 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SessiOn November 17 19 97 523787 BILL NO. 97-274 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 C[TY OF CAPE GIRARDEAU, MISSOURI I The second and third readings of BILL NOs. 97-253, 97-254, 97-273, 97-259, 97-261, 97-262, 97- 263, 97-265, 97-266, 97-267, 97-268, and 97-274 were approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, I Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-253 is ORDINANCE NO. 2273; BILL NO. 97-254 is ORDINANCE NO. 2274; BILL NO. 97-273 is ORDINANCE NO. 2275; BILL NO. 97-259 is ORDINANCE NO. 2276; BILL NO. 97-261 is ORDINANCE NO. 2277; BILL NO. 97-262 is ORDINANCE NO. 2278; BILL NO. 97-263 is ORDINANCE NO. 2279; BILL NO. 97-265 is ORDINANCE NO. 2280; BILL NO. 97-266 is ORDWANCE NO. 2281; B[LL NO. 97- �' 267 is ORDINANCE NO. 2282; BILL NO. 97-268 is ORDINANCE NO. 2283; BILL NO. 97-274 is ORDINANCE NO. 2284. BILL NO. 97-278 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE RELATING TO WEAPONS Tt�e first reading of BILL NO. 97-278 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. 97-279 was given first reading as follows: AN ORD[NANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO MOTOR VEHICLE INSURANCE REQUIREMENTS The first reading of BILL NO. 97-279 was approved upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 97-284 was given first reading as follows: AN ORDINANCE APPROPRIATING FUNDS FOR INTERNAL FLEET SERVICES AND GENERAL FUND TRANSFER, IN THE C[TY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 97-284 was approved upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-285 was given first reading as follows: i AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, , MISSOURI, ON THE QUESTION WHETHER ARTICLE VII, SECTION 7.01(a), OF THE CITY CHARTER OF CAPE GIRARDEAU, MISSOURI, SHALL BE AMENDED REGARDING CITY ELECTIONS; DESIGNATING THE T[ME OF HOLD[NG THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION � I 364 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSsiOn November 17 19 97 S2378� The first reading of B[LL NO. 97-285 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. B[LL NO. 97-286 was given first reading as follows: AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION WHETHER ARTICLE VII, SECTION 7.03(b), OF THE CITY CHARTER OF CAPE GIRARDEAU, MISSOURI, SHALL BE AMENDED REGARDING NOMINATIONS BY PETITION; DESIGNATING THE T[ME OF HOLDiNG THE ELECTION; AUTHORIZING AND D[RECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION The first reading of BILL NO. 97-286 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. 97-288 was given first reading as follows: � AN ORDINANCE APPROVING THE RECORD PLAT OF SWEETBRIAR TOWNHOUSES PLAT � 2 SUBDIVISION The first reading of BILL NO. 97-288 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. 97-287 was presented as follows; I A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FRONABARGER CONCRETERS, INC., AND LAPPE CEMENT FINISHING, INC., A JOINT VENTURE, FOR THE PERRYVILLE ROAD IMPROVEMENTS PROJECT The reading of BILL NO. 97-287 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. 1Vays, none. BILL NO. 97-287 is RESOLUTION NO. 1327. Mr. Melvin Gateley was appointed to the Public Awareness Advisory Board for a term expiring November 20, 2000, upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: � Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. A 5% beer by the drink and Sunday sales license for Dennis Stockard, d/b/a Bob's Fish House, 1015 N. Kingshighway, Kevin T. Silvers, Managing Officer, was approved upon Dr. Kasten's motion, Mr Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. I Mayor Spradling stated the proposed ordinance amending Chapter 3 of the City Code relating to air pollution was discussed in Study Session. fI �� 365 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SessiOn November 17 19 97 S23787 Mr. Neumeyer made a motion, seconded by Mr. Williamson, to authorize the Engineering Division to administratively close out the following: Project #5064, sanitary sewer improvements to serve Giboney Woods Subdivision, partially completed; Project#5079, Giboney Woods [II Subdivision, no plans submitted; Project#5094, street improvements to serve Giboney Woods Subdivision, partially , completed. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, I Neumeyer, Rickard, Spradling, Williamson. Nays, none. There being no ft�rther business, the Council adjourned upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. � A. . Spradling III, Mayor i , � � � �� i � Gayle Conrad, Deputy City Clerk I° �� ( I f �