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HomeMy WebLinkAboutCouncil.Minutes.03-16-1998 Proceedings of the City Council, City of Cape Girardeau, Mo. 42� Regular Session March 16 19 �$_ -----------____.�________ _�___._._.__�__--------------- _------___.___-----________._._ ---- —___�.__ _._"_.�___�_.__�..'_'_ C9N'Lfl --.'v� ._._. ....__.._.__..__...--.'_ _'_____"__.�'__""'""'�__�� ._'-___"'_"_"_".__. __.._.._"'_.'__.__..._.. 1� - ------------ i�- - �� REGULAR SESSION -MARCH 16, 1998 �� i; '� ;I �' Council convened in regular session on Monday, March 16, 1998, at 7:30 p.m. with Mayor I; !; Albert M. Spradling, III presiding and Council Members Richard Eggimann, Melvin Gateley, �� il Tom Neumeyer, and J.J. Williamson present. Melvin Kasten was absent. ';; �i � , Prior to the Regular Session, the City Council convened in Executive Session for the purpose i� �� of discussing property acquisition upon Mr. Gateley's motion, Mr. Eggimann's second, and the ',j ;; following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, none. �! !� ',; � The invocation was rresented by Melvin Gateley, and the Pledge of Allegiance was recited. I i � ,, I' The minutes of the March 2, 1998, regular session were approved upon Mr. Gateley's motion, ' 'I Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, '; ; Spradling, Williamson. Nays, none. _ ;; ; '' The agenda was adopted as distributed upon Mr. Neumeyer's motion, Mr. Williamson's ` �; second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. � �j Nays, none. ��; ;E �� �; " Mr. Gateley stated that it is the procedure of the Council to allow anyone appearing befare the '� Council to speak for five minutes. Mr. Gateley made a motion, seconded by Mr. Eggimann, to j; amend the speaking time to allow two additional minutes upon the consent of the Council. The :� �j motion was approved upon the following vote: Ayes, Eggimann, Gateley, Neumeyer, ?� '' Spradling, Williamson. Nays, none. ' ii i� !l This being the date set for a public hearing regarding the request of Gibson Recovery Center, �; !; Inc. to rezone 1112 Linden Street from R-4, multiple family residential district, to C-1, local ;� 1 i commercial district, and for a special use permit for a 16 to 20 bed correctional residential ; !� facility for the State of Missouri in an unused wing of the present facility, the hearing was �" opened. � ,� � 1� Mr. Jeff Hine, Attorney for the Gibson Center, appeared in support of the request and �� �� explained the reason for the request. He stated that the operation of a halfway house is not a �; �i threat to the neighborhood, and this is proven by the following facts: (1) the State would not �;; ;i allow it if it was a threat; (2) the individuals in the program are not a threat or they would not 'i be paroled; and (3) the Board of the Center would not allow it if it was a threat. He presented �' a letter from the East Missouri Action Agency and the Cape Girardeau County Public Health Center stating they take no position on this issue. In addition, he stated the Parkview School �� '' Administration does not take a position on this issue; the opposition is from the parents. ;'; ;j Mr. Dick Decker, Executive Director of the Gibson Center, appeared in support of the request. He stated that under the present zoning the Center may not need to obtain a special use permit �' because the Center was grandfathered. However, the State wants a letter from the City stating �� that this area is properly zoned. �f I� ;'; Mr. Milton George, President of the Gibson Center Board of Directors, appeared in support of :� `; the request. He stated that the Center was previously located at Park and Main. In 1990, the i� Center needed to expand, and at the City Council's urging, it moved to Linden Street. ! 'I Proceedings of the City Council, City of Cape Girardeau, Mo. 42g Regular Session March 16 19 �S_ �� � ----_._ -------_ ------------ ------�;------__--- -------- --- - ------------------- --------_. ----. �; Dr. C. John Ritter, a member of the Board for the Center, appeared and stated that the '� individuals that would be residents of the halfway house need counseling before release, and ,', there is no other program in the City to accommodate these individuals. � Mr. Bill Miller, a member of the halfway house Board in St. Louis, stated that their halfway � ; house is located near a high school in the heart of St. Louis. The area surrounding the house is crime free, and residents of the house have never been arrested for crimes in the area. Mr. Robert Knight, a former teacher of the DARE Program, stated that 42 men will be released from prison in Missouri and will come home. These men can visit their probation officer one time a week for 30 minutes or they can go to the Gibson Center where they will be monitored. Mr. A1 Lowes appeared on behalf of the parents with children at the Parkview State School in opposition to the request. Criminals of all types will be housed at this facility, many who will be required to register with the Sheriff's Department, such as child molesters or pedophiles. He read an article from the St. Louis Post Dispatch dated March 14, 1998, regarding a halfway house resident who murdered a woman. ' Mr. Larry Beussink, President of the Parkview School Parents as Teachers Organization, presented a petition signed by over 900 individuals opposed to the location of the halfway house at the Gibson Center. Mr. Jeff Hine presented information to the Council regarding the type of individuals enrolled in a Probation and Parole halfway house. He suggested the Council delay voting on this issue until Dr. Kasten is present. Mr. Carolyn Walker, a teacher aid at Parkview State School, stated that men at the Gibson ' Center have yelled obscenities to the students at the school and have coaxed the students to �: come down to the Center. There being no further appearances, the hearing was closed. BILL NO. 98-47 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 1112 LINDEN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 TO C-1 Mr. Williamson made a motion, seconded by Mr. Eggimann, to approve the first reading of BILL NO. 98-47. The motion failed upon the following vote: Ayes, none. Nays, Eggimann, Gateley, Neumeyer, Spradling, Williamson. BILL NO. 98-48 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE GIBSON RECOVERY CENTER, INC., FOR PURPOSES OF MAINTAINING AND OPERATING A CORRECTIONAL RESIDENTIAL FACILITY FOR THE STATE OF MISSOURI AT 1112 LINDEN STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. 429 Regular Session March 16 19 2� �____� _ ._.�_----------_ __. ___ _.-- __-_ _._. __ __ _��___ �_. -----___._-__�.o___ _ _-- .__.__.__.._.--- - —__ - --- ----- --- - --- _._ -- __ __- -------- --- - ---- - ' �I �I Mr. Eggimann made a motion, seconded by Mr.Gateley, to approve the first reading of BILL 1 i NO. 98-48. The motion failed upon the following vote: Ayes, none. Nays, Eggimann, �i � Gateley, Neumeyer, Spradling, Williamson. !� ;, ii ;I This being the date set for a public hearing regarding proposed policies for improvement cost ,; � assessments for street projects in the 1995-2000 Transportation Trust Fund Program, the 'r � ` hearing was opened. ;C i i' I�� City Manager Michael Miller commented on how the proposed policies were developed. T'he '� � policies are based on the type of work proposed and the land uses abutting the roadway. The ;i I� first resolution establishes the types of projects and how they will be assessed, and the second I i j i resolution establishes the maximum cost per front foot for each type of project for the calendar i� '� year 1998. ;i Ii �! �! Mr. Jay Hunze stated that this public hearing is for all projects under the Transportation Trust ;; Fund. He questioned why only the affected property owners on the Hopper Road extension '�� �,i were notified of the public hearing. He stated that under a special-use-permit or rezoning �� request, all adjoining property owners must be notified. The same procedure should have been � '; followed to notify individuals affected by these projects. He requested the public hearing be ;':, delayed until all owners affected by the Transportation Trust Fund policies are notified. ;; ;; j� Mayor Spradling responded that it was the Council's direction to notify the residents on the !; �i Proposed Hopper Road extension. Under the law, the City is not required to give personal '! notice or to even have a public hearing. ':i i; ;i Councilman Gateley read from the March 2, 1998, City Council minutes the motion that was ;� i� approved to set a public hearing on this matter and to notify the residents on the Hopper Road �j ;, �; extension. j� II !7 �� John Oliver reviewed some of the history of the Commonwealth Government of Virginia. He �' i; stated that under the proposed policy if a landowner has property adjacent to a street and it is ' necessary for the public good to change or build a new street, this might change the character ' �� of the property without compensation to the land owner. Under the proposed policy, if the ;; j� owner gives the land to the City, they would not be charged front foot assessment. If the ;; " owner does not donate the land, the owner would be charged. He voiced his concerns with this !; ;! policy. ;; ;� ;; Mr. Jay Hunze reappeared and stated the Transportation Trust Fund projects are community- wide improvement projects. The citizens voted on the projects, and now the policies are ' I� changing and are excessive with inclusion of the land acquisition costs. The landowners along '� Hopper Road will pay over one-half the cost of the street with the assessments. He reviewed ;`: projects in the Capital Improvements Program that do not include funding from assessments. `; He stated that this land acquisition is not fair because it is negotiated, and the landowners must ;; pay capital gains tax on any money received. He continued that the Transportation Trust Fund �j projects in the Capital Improvements Program prior to 1995 included partial funding from s� assessments, and after 1995 they show no assessment. ,; 1� i: ,I i1 ;� � Proceedings of the City Council, City of Cape Girardeau, Mo. 430 �g�lar Session Marrh 1(. 1 9 _�� ss�ao __. _ v._e.�. —._ I - ---- - Ij �� Mr. Jim Hunze appeared and stated he voted for the Trust Fund so the City would pay for the i� street improvements, and now the projects are being assessed. He questioned if the land acquisition was included in the cost of the projects at the beginning. His mother lives along Hopper Road and will be assessed over $100,000 for a street she does not need. Mr. Bob Dodson appeared and urged the Council to reconsider these policies. He suggested the Council consider continuing the policy in affect for Sprigg and Lexington, assessing $25 per front foot. Under the proposed policies, if all property is donated for a street to be widened, then there will be no assessments. He questioned why this is not the same for new streets. ,� Ms. Diane Brown appeared in opposition to the policies stating that adding property acquisition back into the assessment cost is unfair. Her mother, Bernice Hunze, owns property on Hopper and will have 2200' feet of frontage on the new road. She cannot pay for the assessment to build this street. The residents of Ashland Hills and Twin Lakes will benefit from the extension of Hopper Road. She stated that even if her mother is interested in developing the remainder of her land, she could not recoup the assessment costs with the little land that will be left over. Mr. Keith Deimund appeared and questioned if Hopper Road is extended, why would Kage Road need to be widened. Residents on Kage Road would be willing to take the amount needed to improve Kage Road and apply it to the construction of Hopper Road. Regarding the Kage Road widening, he questioned the timetable for the project, whether the road would be straightened or cut down, which side of the street would the land be taken from, and what kind of pavement would be used. He stated that Mr. Hunze had offered the property on Hopper Road to him at a fair price; but with the way the Hopper Road extension goes through the property, there was no way to develop it economically. �I �i Mayor Spradling responded that the Kage Road improvement will be similar to the Perryville �; Road improvement If all the property is donated, there will be no assessment. Mr. Joe Russell appeared and stated that the development costs for the Hopper extension are high because of the grade elevations remaining when the project is completed. The assessment policy does not consider the affect of the grade elevation on the property owner. If the benefit i; of the street is for all citizens, then the street should be paid for through the Transportation Trust Fund. The City could also consider creating a special benefit district. ;; Mr. Ernie Dunklin, 2920 Kage Road, appeared and stated if Kage Road is widened, this will ;�! increase traffic on this road. There is already a traffic problem at Kage and Mt. Auburn, and ;; this would only increase. Mr. Gateley stated that the projected revenues for the Transportation Trust Fund are $17 ;; million, and the street project proposed costs are $16 million. He questioned whether the concept was ever presented to the public that the tax would pay for all of the street projects. City Planner Kent Bratton responded that it was stated at the meetings that there would be some assessments associated with these projects. The original cost estimates did not include contingency funding. The Planning and Zoning Commission proposed a 20 percent �' contingency fund, which brought the total up to $19 million. �', ;, Proceedings of the City Council, City of Cape Girardeau, Mo. 431 Re�ular Session March 16 19 98 ��--- --- --------- __�__ _- __ __- --- -..__ ___---- -- ---- —_— — ---��- --------- --- --------__--- i �j Upon questioning by Mr. Neumeyer, City Engineer Mark Lester stated that the cost for Hopper ! �� Road is $640,000. The City will pay 62 percent of the project from the Transportation Trust ; ;' Fund. Mr. Jay Hunze responded that his records indicate the property owners will be paying i j �, 52 percent of this project ''� il 'I ` '�; Mr. Charles Yount, 3123 Kage, stated that the County recently resurfaced Kage Road, and if 'I � the Hopper Road extension is constructed, then Kage does not need to be widened. '� I i; I� !i Mr. Bob Burk, 3100 Kage, stated if the Hopper Road extension is constructed, this will relieve �� �i approximately 90 percent of the traffic from Kage Road. �' iI ii ii Mayor Spradling stated that all the projects were compiled from input received at the public ;j t� meetings held prior to the election. The City Council has not looked at removing any projects ;� I! from the list. '� i{ 'j il i� Ms. Lillian Schneider appeared and stated she owns property at the corner of South ;{ ;` Kingshighway and Southem Expressway. Southern Expressway is being designed to go '� ;, I j through her property, and she requested access to her property so it can be developed. She !' stated that the City should share a greater portion of the costs for arterial streets, and these �'; �i should be considered separately. �i �� Mr. Joe Russell questioned the designation of Hopper Road as a residential street. He stated �� that in the Bartholomew Plan, it is designated as an arterial street. Mr. Bratton explained that !' �� there have been several plans since the Bartholomew Plan was approved. � i Mr. Eggimann stated that the City does not build residential streets; this is done by contractors. �; ;; He stated he was put out concerning the information given on this issue by City staff. He had �! ;� requested a list of individuals on Lexington Avenue who paid more than $25,000 in �� !; assessments, and he reviewed the assessments and the front footage for several properties on ;� Lexington. He questioned why the Council has to dig up all the information they need instead '� � �; of getting it from staff. If these policies are approved, the cost to the Hopper Road property '�� owners will quadruple compared to Lexington Avenue. He voted for the tax to improve City i; '; streets at a minimal cost to the people. It was his opinion that it is a threat to the property '� '� owners to get them to donate their land, and he had no part in writing this. He stated that he j j I; ' has received no information from the City staff concerning the background of the whole issue, I; �: �� and he protested as a Councilman. �'i ;; �! There being no further appearances, the hearing was closed. �;i Mr. Gateley called for a reading of the Resolutions regarding the Transportation Trust Fund i; `' Policies. �� BILL NO. 98-44 was presented as follows: `i ;� ;; AN AMENDED RESOLUTION ADOPTING POLICIES FOR SPECIAL TAX BILL I �� ASSESSMENTS FOR PROJECTS FUNDED FROM THE CITY TRANSPORTATION TRUST !; i i FUND ;; �j �- ;� �� i' i', i� i, I! ,; ;� , Proceedings of the City Council, City of Cape Girardeau, Mo. 432 Regular Session March 16 19 �� �� — — — _----_�------_______ - ,- — _i ----- - -- - --- ;�'; Mr. Gateley made a motion, seconded by Mr. Neumeyer, to approve the reading of BILL NO. , '' 98-44 and adopt the Resolution. Mr. Eggimann made a motion, seconded by Mr.Gateley, , to amend the resolution by deleting the following from item 2: "plus the cost of land acquisition," and "if the right-of-way and easements are donated the assessed property owners share in the savings." The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, , Williamson. Nays, none. BILL NO. 98-44 is RESOLUTION NO. 1349. BILL NO. 98-45 was presented as follows: ��'' A RESOLUTION ESTABLISHING THE MAXIMUM ANNUAL ASSESSMENT POLICY , ;� FOR TRANSPORTATION TRUST FUND PROJECTS FOR THE CALENDAR YEAR 1998 Mr.Neumeyer made a motion, seconded by Mr. Williamson,to approve the reading of BILL NO. 98-45 and adopt the resolution. Mr. Gateley made a motion to amend BILL NO. 98-45 by stating that any residential street widening projected be based on the Perryville Road project that if all right-of-way is donated, then there will be no assessments for the widening. Following discussion,Mr. Gateley withdrew his amendment. Mr. Eggimann made a motion, seconded by Mr. Gateley, to amend the resolution by changing item 2 as follows: change $42 to$25, and deleting the words"plus the cost of land acquisition. If the right-of-way and easements are donated, the assessed property owners share in the savings." Mr. Eggimann explained that he wants this policy and the assessments to be similar to the Lexington Avenue project. On this project the amounts the individual received from the city for purchase of their property was about the same amount as the property owner paid in assessment. Following discussion by the Council regarding the assessment cost for new versus widened �; streets, the amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, '� Neumeyer, Spradling, Williamson. Nays,none. �'i Regarding BILL NO. 98-45, Mr. Gateley stated that the amounts on items 3, 4 and 5 are " excessive and questioned how much the Siemers Drive extension project cost. Mr. Bratton responded that the final figures are not complete for this project. Mr. Gateley made a motion to �! amend BILL NO. 98-45 by changing the assessment amounts for items 4 and 5 to be the same as the actual cost on Siemers Drive. Following discussion,the amending motion was withdrawn. Mr. Gateley made a motion, seconded by Mr. Eggimann,to amend item 5 of BILL NO. 98-45 by adding that if a property owner donates their right-of-way for a new commercial street,they will not be assessed acquisition costs. Mr. Miller stated that the purchase of some property for new commercial streets has already been contracted. By changing this policy, the City will be changing agreements already reached with property owners. The motion failed upon the following vote: Ayes, Gateley. Nays, Eggimann,Neumeyer, Spradling, Williamson. BILL NO. 98-45 was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays,none. BILL NO. 98-45 is RESOLUTION NO. 1350. �'' Proceedings of the City Council, City of Cape Girardeau, Mo. 433 Regular SeSSiOn March 16 19 9$_ s�en -- ---- - --- — �� ----- — i� This being the date set for a public hearing regarding the voluntary annexation petition of Drury i �, Southwest, Inc. , Robert A. and Anna R. Drury, the Roman Catholic Diocese of Springfield-Cape , ;� Girardeau, Inc. , and the City of Cape Girardeau for a 3334 acre tract adjoining the city limits �I �I along Bloomfield Road, the hearing was opened. There being no appearances, the hearing was i,� ii ' ; closed. '� �I '� I� Mr. Jay Hunze appeared regarding a letter he received from the Inspection Services Office ;� notifying him of a violation of City Code on his property relating to his septic tank. He discussed I i i I problems he had contacting the inspector and finding out why he was just now notified of this ;,� i violation. He stated he is now repairing his septic tank. i� I �1 (� �� Mr. Eggimann responded that he wants this action against Mr. Hunze investigated in detail �� i� including how the inspector was able to get on private property. �! !' '!i !l Mr. Mike Ballou appeared regarding a question on the April 7 election ballot relating to ;j �� licensing of dogs and cats. He expressed concerns on why this amendment is being proposed 'j ,; and with the dis-information presented on a recent radio talk show program by city staff. He i; i j reviewed license fees from other cities. In addition he suggested that the City and Humane ;; Society look towards a "no-kill" shelter and increase the number of adoptions of animals. ,� �; �� Mr. Gateley questioned if it is too late to remove this question from the April 7 election ballot. ' i' City Attorney Eric Cunningham responded that it was. Mr. Ballou stated that the City can :; ;� withdraw the question and pay to reprint the ballots. '' t iI �j Mayor Spradling read a letter from Charlotte Craig of the Cape Girardeau County Public �� Health Center in support of the proposed license fees for dogs and cats. ;� ;I �E !� Ms. Requi Salter, President of the Humane Society, presented a report on various animal !; ;i license fees from throughout the State of Missouri. The proposed fee will encourage animal i; �� owners to have their pet spayed or neutered. i� �I Ms. Stacy Garcia, an employee at the Human Society, appeared in support of the proposed fees ;; � for the licensing of dogs and cats. This money goes toward taking care of the animals, and the i; j; licensing assists the Humane Society in returning animals to their owners. i; �i ;; Mr. Gateley commended the Class of 2000 for being part of the City Flag project. He urged �i all citizens to got the Cape Girardeau Public Library to cast a vote for their favorite city flag. ;; �; BILL NO. 98-38 was given second and third readings as follows: �I '' AN ORDINANCE AMENDING CHAPTER 15 AND CHAPTER 17 OF THE CITY CODE �i RELATING TO THE LICENSING AND SALE OF CIGARETTES AND OTHER TOBACCO �� PRODUCTS '' ?j Mr. Neumeyer made a motion, seconded by Mr. Williamson, to approve the second and third �i s� r e a d i n g s o f B I L L N O. 9 8-3 8 a n d a d o p t t h e o r d i n an c e. M r. G a t e l e y m a d e a m o t i o n, s e c onded I; �i by Mr. Eggimann, to strike new Sections 15-300, 15-320 and 15-321 from the proposal; to add ' �, �� to the end of current Section 15-300(a) the following phrase, "or has twice pled guilty or been `; �i ;' found guilty of violating Section 17-6(3) within a two (2) year period"; and to add a new ;; �( Section 15-320 entitled "Enforcement" reading as follows: "The Cape Girardeau Police !� �� �' i, �! Proceedings of the City Council, City of Cape Girardeau, Mo. 434 _ RPo ilar S@SSIOfI March 16 19 �$_ sze�+o, - --- — --------------�--------- ----.----- __ ---;;--------- :; i� !� Department shall conduct unannounced compliance checks each year at locations where �' cigarettes are sold or distributed for the purposes of determining compliance with this article. ;! '; The frequency and other operational details of these checks shall be left to the discretion of the Chief of Police. The amending motion was approved upon the following vote: Ayes, ; Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 98-38 is ORDINANCE NO. 2335. The following bills were given second and third readings. i; BILL NO. 97-304 AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY CODE RELATING TO ANIMALS. BILL NO. 98-37 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JACKIE AHRENS, FOR PURPOSES OF MAINTAINING AND OPERATING A BUSINESS OFFICE WITH A NON-RESIDENT EMPLOYEE AT 1531 MISSISSIPPI STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 98-41 AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, ESTABLISHING A HANDICAPPED PARKING SPACE ON SPANISH STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 98-42 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON ; NORMAL AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 98-43 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A COOPERATION AGREEMENT IN SUPPORT OF THE BIOKYOWA, INC. EXPANSION, WITH THE CAPE GIRARDEAU COUNTY COMMISSION '' The second and third readings of BILL NOs. 97-304, 98-37, 98-41, 98-42, and 98-43 were approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Eggimann's second, and !' the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-304 is ORDINANCE NO. 2336; BILL NO. 98-37 is ORDINANCE NO. 2337; BILL NO. 98-41 is ORDINANCE NO. 2338; BILL NO. 98-42 is ORDINANCE NO. 2339; BILL NO. 98-43 is ORDINANCE NO. 2340. i! BILL NO. 98-49 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-F-8, A SUBDNISION OF TRLJNK SEWER DISTRICT NO. 14-1-F, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SANITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14-1-F-8, UNDER A PRIVATE CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. 435 Regular SesSion March 16 19 2� ___----__�_---_�.____�___.___ __ -- _ -- -___ _._ ___ __.._ ---- ._---- __.---___ C9Y��n _"�______� �."._'_'__—'_'—_._'_... . ."_`._'_ ___ _. _.._�__ . ....__. .�_ . ._.__...._ ._.__.,._ _ _._....... .._"__."._"__.......__._ � . -'_'"_"_"'_._._'_._.._"'.e..___r._ jI The first reading of BILL NO. 98-49 was approved upon Mr. Williamson's motion, Mr. � �, Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, i i �f� Williamson. Nays, none. !I i; �� a, The improvement plans for street and storm sewer construction for LaCroix Meadows Business �; � , !i Park were approved as submitted upon Mr. Eggimann's motion, Mr. Gateley's second, and the !; E following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, none. i;i � ;I � BILL NO. 98-50 was given first reading as follows: �� � �, i � !i ( 'i AN ORDINANCE ACCEPTING QUIT CLAIM DEEDS FROM ROMAN CATHOLIC i SPRINGFIELD-CAPE GIRARDEAU DIOCESE, OLIVE MARIE KELLER, TERRY L. �� �! KELLER, NANCI A. KELLER, DENISE KAY HAUCK, PAUL D. HAUCK, DRURY ;i j� SOUTHWEST, INC., ROBERT A. DRURY AND ANNA R. DRURY, FOR THE NEW ;;� i I, ALIGNMENT OF SEIMERS DRIVE i ;� !; j j The first reading of BILL NO. 98-50 was approved upon Mr. Williamson's motion, Mr. ' �i Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, �� Williamson. Nays, None. i, ;i ',; ;; BILL NO. 98-51 was given first reading as follows: ii ;� �� AN ORDINANCE ACCEPTING SEWER EASEMENTS AND DRAINAGE EASEMENTS '!j �� ROMAN CATHOLIC SPRINGFIELD-CAPE GIRARDEAU DIOCESE, AND ROBERT A. i' �; ;� DRURY AND ANNA R. DRURY,FOR THE NEWLY CONSTRUCTED SEIMERS DRIVE i i �; ;i i� The first reading of BILL NO. 98-51 was approved upon Mr. Gateley's motion, Mr. ;' �� Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, �� �; Williamson. Nays, None. ', !� !} BILL NO. 98-52 was given first reading as follows: i� ;i �� AN ORDINANCE APPROVING THE RECORD PLAT OF PINDWOOD PLACE !� �, �! SUBDIVISION " 1' � ;; ;� �f ;; Mr. Williamson made a motion, seconded by Mr. Gateley to approve the first reading of BILL " �; NO. 98-52. Mr. Mr. Eggimann made an amending motion, seconded by Mr. Gateley, to give " j i BILL NO. 98-52 second and third readings and adopt the ordinance. The amending motion ;: � was approved upon the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, �' �� � Williamson. Nays, None. Following the second and third readings, the original motion was ;; approved as amended and the ordinance adopted upon the following vote: Ayes, Eggimann, ` '; Gateley, Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 98-52 is ORDINANCE ;' NO. 2341. !� BILL NO. 98-53 was given first reading as follows: ,; ,� ';i �i AN ORDINANCE ACCEPTING A SEWER EASEMENT FROM SIX-THIRTY, INC. FOR SIX ;; THIRTY INDUSTRIAL PARK ;� -� if i� ;� ;; Proceedings of the City Council, City of Cape Girardeau, Mo. 436 Rpuular Session March ib 19 —�1$-- sz� — �__— _�_ _ -.�_i__..__--- -- ---- ----- - 1i �'. The first reading of BILL NO. 98-53 was approved upon Mr. Gateley's motion, Mr. �'� Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, ,; �� Williamson. Nays, none. BILL NO. 98-54 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT NO. 5 WITH THE U. S. DEPARTMENT OF THE ARMY FOR CONDEMNATION OF RIGHT OF WAY FOR THE DETENTION RESERVOIR PHASE OF THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL '� PROJECT �i The reading of BILL NO. 98-54 was approved and the resolution adopted upon Mr. ' Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 98-54 is RESOLUTION NO. 1351. BILL NO. 98-55 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PHASE III ASBESTOS ABATEMENT SERVICES,WITH MILLENNIUM III, INC. The reading of BILL NO. 98-55 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggunann, Gateley, Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 98-55 is RESOLUTION NO. 1352. ;; BILL NO. 98-56 was presented as follows: i'i A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AUTHORIZATION NO. 8, WITH BURNS & McDONNELL ENGINEERING COMPANY INC. FOR THE POTABLE WATER TREATMENT AND DISTRIBUTION SYSTEM The reading of BILL NO. 98-56 was approved and the resolution adopted upon Mr. ' Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 98-56 is RESOLUTION '' N0. 1353. , Ms. Janet Hansen was appointed to the Cable Television Advisory Committee for a term expiring February 20, 2001, upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, none. A retail liquor by the drink license was conditionally approved for Rodney Pobst, d/b/a Players, 632 Broadway, Rodney Pobst, Managing Officer, upon Mr. Neumeyer's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, none. The extension of the water distribution system to serve DKR 2nd Subdivision was accepted into the city's system upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. 437 Regular Session March 16 19 =� S23787 The improvement plans for a sanitary sewer extension to serve Six Thirty Industrial Park were approved upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, i Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, none. The improvements for sidewalk reconstruction and curb and gutter repair were accepted, and final payment to Nip Kelley Equipment Co., Inc. was authorized, upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, � Spradling, Williamson. Nays, none. There being no further business, the Council adjourned upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Spradling, Williamson. Nays, none. A. M Spradlmg III, Mayor � 1 � � Gayle L onrad, Deputy City Clerk I �