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HomeMy WebLinkAboutCouncil.Minutes.04-06-1998 Proceedings of the City Council, City of Cape Girardeau, Mo. �1 Regular Session Anril 6 19 � ___._____ ____._�--- __ ___. __- --- __._.. — --- __ ___ _.--- - _. _______— - — --___-_--- ------3-ssea.a.------ --- _..-- -- -- - ---- . __ .-- ---� --_, _. ___ __._ __ _. ..—-- ------ - Ij � �; REGULAR SESSION - APRIL 6, 1998 ,i �� Council convened in regular session on Monday, April 6, 1998, 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. '�' � �'��I i i The invocation was presented by Mayor Spradling, and the Pledge of Allegiance was recited. �; I I '' I j The minutes of the March 16, 1998, regular and executive sessions were approved upon Dr. !' I; Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, '� j i Kasten, Neumeyer, Spradling, Williamson. Nays, none. i'I ;� 'i �� The agenda was adopted as distributed upon Mr. Gateley's motion, Mr. Neumeyer's second, ',f !; and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. ';; �i Nays, none. ;; �; i '! ;i j; �! This being the date set for a public hearing regarding the request of Thomas E. Hamilton to ;� rezone a portion of 3020 Boutin Drive from MH-1, mobile home park district, to C-3, central I; business district, the hearing was opened. There being no appearances, the hearing was closed. i; �; '' This being the date set for a public hearing regarding the request of Drury Southwest, Inc., ?� Robert and Anna Drury, and the Roman Catholic Diocese of Springfield-Cape Girardeau to �, rezone a 56.5 acre tract along Siemers Drive from Bloomfield Road to new Highway 74 right- '` �' of-way from R-1, single family residential district (zoning classification upon annexation), to C- �; '' 3, central business district, the hearing was opened. Mr. Larry Westrich of Drury Southwest �i appeared in support of the request. Upon questioning by Mr. Neumeyer, he stated that the ,� !! company does not have any proposed plans for development of this area. There being no �; �; further appearances, the hearing was closed. i� ;1 i; BILL NO. 98-58 was given first reading as follows: �' " ii AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE !' CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF A TRACT ;I !� ALONG SIEMERS DRIVE, FROM BLOOMFIELD ROAD TO NEW HIGHWAY 74 RIGHT- j i '' OF-WAY, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO C-3 ;'; ;� � ;; The first reading of BILL NO. 98-58 was approved upon Mr. Gateley's motion, Mr. � Neumeyer's second, and 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 First Church of the � �; Nazarene for a special use permit for an infant day care/preschool center at 2601 Independence Street in an R-1, single family residential district, the hearing was opened. Ms. Bonnie �� Edwards appeared on behalf of the church in support of the request. Mr. Ron Michael !� appeared and stated he lives next to the church and que�tioned whether the church would be °? using the existing building or constructing a new one. Mayor Spradling responded that the �i existing building would be used for the daycare. There being no further appearances, the �! hearing was closed. (! i ;j BILL NO. 98-59 was given first reading as follows: ;� Proceedings of the City Council, City of Cape Girardeau, Mo. 442 Regular Session Apri16 �9 -98-- �� — -- -- --___. --- ��..�. --��------- — — -- ----- - ------ I% �;, AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FIRST CHURCH OF THE ;� NAZARENE, FOR PURPOSES OF MAINTAINING AND OPERATING AN INFANT DAY �' CARE/PRESCHOOL CENTER AT 2601 INDEPENDENCE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 98-59 was approved upon Mr. Williamson's motion, Dr. Kasten's second, and 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 Cape Girardeau Sundance '! Apartments, L.P., c/o Cohen-Esrey Housing Partners, L.L.C. for a special use permit for a ' community unit plan in the 900 block of Hackberry Street in an R-4, multiple family residential �' district, the hearing was opened. Mr. Tracy Taylor, President of Cohen-Esrey, appeared in support of the request. He stated that when the company previously requested rezoning of this property, it was unaware that there could not be two buildings on one lot. There being no further appearances, the hearing was closed. BILL NO. 98-60 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU SUNDANCE APARTMENTS, L.P., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A COMMUNITY UNIT PLAN IN THE 900 BLOCK OF HACKBERRY STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Williamson made a motion, seconded by Dr. Kasten, to approve the first reading of BILL NO. 98-60. Mr. Gateley made an amending motion, seconded by Mr. Eggimann, that BILL NO. 98-60 be declared an emergency measure and given second and third readings. The �! amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The Ordinance was given second and third readings. The second and third readings of BILL NO. 98-60 were approved and the ordinance 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. 98-60 is ORDINANCE NO. 2342. This being the date set for a public hearing regarding the request of Robert A. and Anna R. Drury for a special use permit for a sixth floor on the structure at 3065 William Street in a C-2, general commercial district, the hearing was opened. Mr. Larry Westrich of Drury Southwest appeared in support of the request. He stated that the company previously requested and received a special use permit for a fifth floor with attic space. They now wish to occupy the attic, making it a sixth floor. He explained to the Council the reason for the delay in the request and reviewed the changes in the building to convert the attic space to floor space. The company proceeded with the plan to construct the sixth floor because they felt it was a reasonable request. Upon questioning by Mr. Gateley, Mr. Westrich stated that the request for the sixth floor is due to the demand for land and the high cost of land on the west side of the city, and the need for more rental space for prospective businesses coming to the city. The planned parking exceeds city requirements, and an occupancy permit for the fifth and sixth floors cannot be obtained until the rest of the parking is complete. Proceedings of the City Council, City of Cape Girardeau, Mo. 443 Regular SeSSlOt1 Anril 6 19 �$_ �__ _.__ _--- -- ___ _._ ___ ___ _ _ _ __ .__ ____ ---- --- _ _ �---- - ----- ____�_.. ------_..,__�_ssa�w_ ----. __ _ _- -- _ _- ._.. __ - -___- --- _-- i --- _._. ____.. __._ ,� �" Mr. Fred Hoelscher appeared in opposition to the request and stated that a normal contractor � i� ;� �; would have to follow the proper building codes. He did not agree that they should be allowed ;� ;' to build it first and then ask about getting it approved. He questioned whether the company did ;� ;� not intend to build six floors when the structure was already built to accommodate six floors. ;j +� He urged the council to deny this request. ,� ij : I �� Mr. Westrich responded that the company did not intend to build six stories when the structure �I il began. The job was shut down while the city reviewed the drawings. They are not i; ;; constructing the additional parking at the present time. The company has filed with the city a ;! �' letter which states that an occupancy permit will not be granted until the parking is completed. i i� '` !i There being no further appearances, the hearing was closed. j� i� j� BILL NO. 98-63 was given first reading as follows: �;i ;, � i; AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ROBERT A. DRURY AND �' ANNA R. DRURY, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND !! �i OPERATING A SIXTH FLOOR ON THE STRUCTURE AT 3065 WILLIAM STREET IN i� THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI `� '� Mr. Eggimann made a motion, seconded by Dr. Kasten, to approve the first reading of BILL " NO. 98-63. Mr. Eggimann made a motion, seconded by Dr. Kasten, to amend the special use permit to include that the parking spaces required for the entire building be in place before the !� building is occupied. Mr. Gateley stated he is not concerned with the parking but with the ;� ,, �: procedures followed for approval of the sixth floor. Mayor Spradling expressed concerns with i; the way this issue has developed. He has been contacted by contractors who are also ' !; concerned over this matter. The Mayor stated this is not an ongoing problem with Drury !� �` Southwest but is concerned that this not happen again. Following discussion, the amending ;� " motion failed upon the following vote: Ayes, Eggimann, Gateley, Kasten. Nays, Neumeyer, ;i �i , '� Spradling, Williamson. �' �i i! ;' Mr. Gateley made a motion that the City Council go on record to recommend that ;, � correspondence be sent to Drury Southwest asking that in the future they be a member of the !! team of other contractors and work within the system of the BOCA Code. The motion failed �i i� due to lack of a second. �.; j: 'i i! The original motion to approve the first reading of BILL NO. 98-63 failed upon the following �; roll call vote: Eggimann, aye; Gateley, nay; Kasten, aye; Neumeyer, nay; Spradling aye; i Williamson, nay. 'i '' This being the date set for a public hearing to vacate the city's interest in street and sewer ; � easements being a portion of USPS No. 175, Township 30 North, Range 13 East of the Fifth Principal Meridian, more commonly known as being located northwest of the Siemers '' Drive/Route 74 intersection, the hearing was opened. There being no appearances, the hearing '; �; was closed. �� F� il ;': Mr. Roscoe Newbern appeared in support of a liquor license at 625 Good Hope. Mayor �i Spradling stated that City Code requires that a letter be received from any school or place of �� worship within 200' of the establishment stating they do not oppose the license. City Attorney ;; Eric Cunningham read this section from the Code of Ordinances explaining that it is the I' Proceedings of the City Council, City of Cape Girardeau, Mo. 444 Re�ular Session Apri16 1 g 98 ------- ------..----___------------------------------__ - _ �� ------ ---------------- ___---____—___. - ,� -- �; i I applicant's responsibility to obtain letters from such school or church. Mayor Spradling further stated that a letter has not been received from the Salvation Army. Letters have been received from St. Mary's Cathedral and School opposing the license. Mayor Spradling suggested that this matter be tabled to give the applicant an opportunity to meet with the Salvation Army and St. Mary's Cathedral and School. Mr. Dwayne Bryant, 2928 Perryville Road, appeared and stated that a phone contractor working on Perryville Road cut a septic tank lateral line causing sewage to run across Perryville Road and Mr. Cox's property. Six years ago they had asked for a sewer district but the cost was prohibitive. Regarding the establishment of a sewer district in this area that is on the agenda, he questioned whether those in the district will be charged the entire cost of the district. He stated there are several people on Evergreen who do not have city sewers. There is a natural slope to the existing trunk sewer line which is South of Evergreen. ' City Engineer Mark Lester responded that the estimate for the sewer district as proposed is approximately $30,500. He reviewed the existing sewers in the area and other ways to reduce the cost to the residents. Following discussion, City Manager Michael Miller stated that staff will prepare alternatives for this sewer district and present them to the City Council at the April 20 meeting. Mr. Jewell Cox appeared and stated that when the telephone contractor cut the lateral sewer line, they kept on digging and let the sewage run through the ditch. The ditch is now contaminated and something needs to be done. The Health Department said the contractor capped the line, but there is still seepage. Mr. Dan Rau, a member of the Cable TV Advisory Committee, appeared regarding the proposed Public Access Channel Policy Statement. He stated that the policy would allow the Public Awareness Coordinator to submit to the Committee any cablecast requests that she is unsure of, and it would provide an appeal process to the citizens. Mr. Mike Ballou appeared in opposition to the proposed dog and cat license fees on the April 7 election ballot. He reviewed the fees for various cities throughout the state, announced the date for the next U.S. Taxpayers Party meeting, and reviewed the deficit in operating several park facilities. He urged everyone to vote no on all the city issues on the April 7 ballot. Ms. Requi Salter, President of the Humane Society, appeared in support of the proposed fees for the licensing of dogs and cats. Mr. Tom Lett appeared before the Council and stated the Council needs to keep in mind how approving an issue affects other people. He questioned whether Drury's put in additional money for the Siemers Drive extension or if the city paid for all of it. In addition, the Council approved a construction easement for the new Notre Dame High School and part of it was on ' his property. He questioned why the city did not notify all the property owners adjoining the Drury rezoning even if they were outside the city limits. He stated the Council should give three readings of an ordinance at separate meetings to allow citizens the opportunity to speak. He stated he is satisfied with the Drury's development but not with the way it is being handled. The following bills were given second and third readings. Proceedings of the City Council, City of Cape Girardeau, Mo. �s Regular Session April 6 1 g 98 — _ _____ _,______�.--- --- - - ----------------___---------- -------_ �� - , — ------ -- --- - -- ------------ ------ -- -- 1� I j i BILL NO. 98-49 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF ! !' LATERAL SEWER DISTRICT NO. 14-1-F-8, A SUBDIVISION OF '( �j TRUNK SEWER DISTRICT NO. 14-1-F, APPROVING THE PLANS �i �; AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF I '� SANITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT � ii ' �� NO. 14-1-F-8, UNDER A PRIVATE CONTRACT SUBJECT TO ,'I �! CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, " ,� j� MISSOURI 'i f,� '����; �� BILL NO. 98-50 AN ORDINANCE ACCEPTING QUIT CLAIM DEEDS FROM I;j i f ROMAN CATHOLIC SPRINGFIELD-CAPE GIRARDEAU ��! ;; DIOCESE, OLIVE MARIE KELLER, TERRY L. KELLER, NANCI '� �! A. KELLER, DENISE KAY HAUCK, PAUL D. HAUCK, DRURY '� g I SOUTHWEST, INC., ROBERT A. DRURY AND ANNA R. '� �j DRURY, FOR THE NEW ALIGNMENT OF SEIMERS DRNE '� ;i �� �� BILL NO. 98-51 AN ORDINANCE ACCEPTING SEWER EASEMENTS AND ;� �� DRAINAGE EASEMENTS ROMAN CATHOLIC SPRINGFIELD- ��' CAPE GIRARDEAU DIOCESE, AND ROBERT A. DRURY AND �� ,, ANNA R. DRURY, FOR THE NEWLY CONSTRUCTED SEIMERS " DRIVE i� ': BILL NO. 98-53 AN ORDINANCE ACCEPTING A SEWER EASEMENT FROM �{ SIX-THIRTY, INC. FOR SIX THIRTY INDUSTRIAL PARK '� � !i The second and third readings of BILL NOs. 98-49, 98-50, 98-51, and 98-53 were approved ;: i; and the ordinances adopted upon Mr. Gateley's motion, Mr. Eggimann's second, and the ;R ' following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, �; �' none. BILL NO. 98-49 is ORDINANCE NO. 2343; BILL NO. 98-50 is ORDINANCE NO. ;� ';� 2344; BILL NO. 98-51 is ORDINANCE NO. 2345; BILL NO. 98-53 is ORDINANCE NO. ;� �i 2346. 'i '' BILL NO. 98-61 was given first reading as follows: ;i �` li '' AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, �- MISSOURI, UPON THE REQUEST OF DRURY SOUTHWEST, INC; ROBERT A. RURY " '� AND ANNA R. DRURY, ROMAN CATHOLIC DIOCESE OF SPRINGFIELD-CAPE i, GIRARDEAU, INC. AND THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 98-61 was approved upon Mr. Eggimann's motion, Mr. !� '' Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. ;!. BILL NO. 98-62 was given first reading as follows: i� f� �' AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, ;� '' REPEALING A HANDICAPPED PARKING SPACE ON SPANISH STREET, AND `� ESTABLISHING A HANDICAPPED PARKING SPACE ON INDEPENDENCE STREET, Ij i� IN THE CITY OF CAPE GIRARDEAU, MISSOURI il '� ;! i! Proceedings of the City Council, City of Cape Girardeau, Mo. 446 Re�ular Session Apri16 1 g 98 --- ------- — ---------------------- _� _------__ — - - -- --------------------- ---- — ;! ;, ''� Mr. Neumeyer made a motion, seconded by Mr. Gateley, to approve the first reading of BILL `'' NO. 98-62. Mr. Gateley made an amending motion, seconded by Mr. Williamson, that BILL ;; ;!, NO. 98-62 be declared an emergency measure and given second and third readings. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. The Ordinance was given second and third readings. The second and third readings of BILL NO. 98-62 were approved and the ordinance 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. 98-62 is ORDINANCE NO. 2347. BILL NO. 98-57 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 A PORTION OF 3020 BOUTIN DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM MH-1 TO C-3 The first reading of BILL NO. 98-57 was approved upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, None. BILL NO. 98-64 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING STOP SIGNS ON LaCRUZ STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI !! The first reading of BILL NO. 98-64 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. 98-65 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM EVELYN M. WALKER FOR THE CAPE ROCK WATER TREATMENT PLANT EXPANSION PROJECT The first reading of BILL NO. 98-65 was approved upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 98-68 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A STREET AND SEWER EASEMENT AT THE SIEMERS DRIVE/ROUTE 74 INTERSECTION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 98-68 was approved upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. 447 Regular Session Apri16 19 98 ___.- -- --------__�_--- ------------__-----------------_____—.__ __ _ ----- s�"^ ------------------------- I � The im rovements to the extension of Siemers Drive from Bloomfield Road south to the new � il P ; !� Missouri Route 74/I-55 interchange were accepted upon Dr. Kasten's motion, Mr. Eggimann's � ;� second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, ;; ;� Williamson. Nays, none. '; ii � �: �j BILL NO. 98-69 was given first reading as follows: �i I� i' AN ORDINANCE ACCEPTING WATER LINE EASEMENTS FROM DRURY LAND '� I! DEVELOPMENT, INC., JOSEPH C. KIRCHDOERFER, MILDRED M. KIRCHDOERFER, '�; j; � ;; JMD INDUSTRIES, INC., ALBERT M. JOB, SR., EDNA I. JOB, CLARENCE A. JOB, ',g I I MARY K. JOB, PAUL M. JOB, BETTY L. JOB, CLARENCE E. SCHABBING, PATRICIA �� f j J. SCHABBING, WILLIAM H. SCHABBING AND CAROL A. SCHABBING, FOR A I� I j WATER LINE TO SERVE THE NEW NOTRE DAME HIGH SCHOOL. ''! �i i ;; Mr. Eggimann made a motion, seconded by Mr. Neumeyer, to approve the first reading of ;� BILL NO. 98-69. Mr. Gateley made an amending motion, seconded by Mr. Eggimann, that ,I ;; BILL NO. 98-69 be declared an emergency measure and given second and third readings. The ��� amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, !' Neumeyer, Spradling, Williamson. Nays, none. The Ordinance was given second and third { !� readings. The second and third readings of BILL NO. 98-69 were approved and the ordinance ;; adopted upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, i j Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 98-69 i� is ORDINANCE NO. 2348. i; i! BILL NO. 98-70 was given first reading as follows: i: (i � j! AN ORDINANCE ACCEPTING A SEWER EASEMENT FROM VERNON E. RHODES � � FAMILY PARTNERS, L.P., FOR EXTENSION OF A SANITARY SEWER LINE ALONG �i ! BOULDER CREST DRIVE ;; �; The first reading of BILL NO. 98-70 was approved upon Dr. Kasten's motion, Mr. i; Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, ! Spradling, Williamson. Nays, none. 1' �i '; BILL NO. 98-71 was given first reading as follows: �! '� AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT �'� NO. 14-1-F-9, A SUBDIVISION OF TRUNK 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-9, UNDER � A PRIVATE CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE ;; GIRARDEAU, MISSOURI The first reading of BILL NO. 98-71 was approved upon Mr. Gateley's motion, Mr. �� Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, e� �` Spradling, Williamson. Nays, none. �: �� ;i �, ;: ,� ;, : ;, ; ,� ;; Proceedings of the City Council, City of Cape Girardeau, Mo. �g _Rpa ilar S@SSIOII Anril ( 19 _9$_ �. __.-------------- ------- ------- _----- -------___ ssasw ------ -- ----- -_---____ ---- — i; ------ ;. i; The improvement plans for the extension of a sanitary sewer line to connect to the newly constructed Cape Commercial Park Subdivision sanitary sewer extension were 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. 98-66 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HNTB CORPORATION FOR ENGINEERING SERVICES FOR AESTHETIC LIGHTING ON THE BILL EMERSON MEMORIAL BRIDGE The reading of BILL NO. 98-66 was approved and the resolution 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. 98-66 is RESOLUTION NO. 1354. BILL NO. 98-67 was presented as follows: A RESOLUTION AUTHORIZING AN APPLICATION TO THE MISSOURI LOCAL RECORDS GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 98-67 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. 98-67 is RESOLUTION NO. 1355. BILL NO. 98-73 was presented as follows: ' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR THE SLOAN CREEK SANITARY SEWER LINE The reading of BILL NO. 98-73 was approved and the resolution 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. 98-73 is RESOLUTION NO. 1356. Danna Cotner, Felix Kinsley, John Schneider and Michael Stites were appointed to the Historic Preservation Commission for terms expiring April 16, 2001, upon Mr. Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Regarding a retail liquor by the drink license for Roscoe Newbern, Jr., d/b/a Scoebe's Bar and Lounge, 625 Good Hope, Roscoe Newbern, Jr., Managing Officer, Mr. Williamson made a motion, seconded by Mr. Neumeyer, to continue this matter to the April 20 City Council ' agenda. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. �9 Regular SessiOn Apri16 19 �� �__.____ ____ ______ _ �_. –-__ _._ _. _ .___ - ___ _- ---- -- ._.._, �-------- �.---- -- --_—�.a___ � � __ _-------- --- -- ------- --- ---- -_ _.. __ _._. . ------- -- �� I �� A temporary 5% beer by the drink license for American Legion Post #63 for an event to be � i !� held June 5-7, 1998, at the A.C. Brase Arena Building, John J. Yallaly, Managing Officer, was i f approved upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, �;,i I ;� Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none ;; i� �� j' Mr. Gateley made a motion, seconded by Mr. Neumeyer, to accept the improvements to the ;� ` i i Ramsey Branch Water Plant 14" raw water line relocation, and to authorize final payment to ,; , I i Dumey Excavation, Inc. for the remaining construction costs plus the materials, stone, and �� i i freight charges, for a total of$15,262.90. The motion was approved upon the following vote: !; �� Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none i� �i �� �, �j The improvements to Normal Avenue from Pacific Street to Henderson Avenue were accepted, ij and final payment of $84,000 to Southeast Missouri State University was authorized upon Dr. ',�� +i Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, ' �� Kasten, Neumeyer, Spradling, Williamson. Nays, none � � '� Dr. Kasten made a motion, seconded by Mr. Eggimann, to accept a petition received from ':� residents of the Hanover Lutheran Church area requesting a sanitary sewer extension and to ;� authorize the establishment of a lateral sewer district and the preparation of plans and specifications for said sewer district. Upon questioning by Mr. Gateley, Mr. Cunningham ' ' explained that this motion is not binding on the parties involved. The Council can establish a �; sewer district whether or not a petition is received, and the district must be established by ;i ordinance. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, �, ';; Kasten, Neumeyer, Spradling, Williamson. Nays, none. i; i i The improvements to the new maintenance building at Arena Park were accepted and final ` i! payment to Mac Con Company was authorized upon Mr. Neumeyer's motion, Mr. Eggimann's j i !; second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, i� l' Williamson. Nays, none. �! i� Mr. Gateley made a motion, seconded by Mr. Neumeyer, to set a public hearing regarding the ,; TCI cable television franchise at the City Council meeting on Monday, April 20, 1998. The j j �� motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, ;� i; Spradling, Williamson. Nays, none. j'; ; ;� � , � ' Dr. Kasten made a motion, seconded by Mr. Williamson, to set a special City Council meeting '' for Thursday, April 9, 1998, at noon, to canvass the returns and declare the results of the April ' �! 7, 1998, general municipal election. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. '� Mr. Neumeyer made a motion, seconded by Mr. Williamson, to adopt a revised City of Cape '� Girardeau Policy Statement regarding use of Public Access Channel 5, and to adopt a City of Jackson Policy Statement regarding use of Public Access Channel 5. ;� �; Mr. Eggimann made a motion, seconded by Mr. Gateley, to amend paragraph S.c. of the Cape '' Girardeau Policy Statement by deleting the following, "that is not sponsored by a not-for-profit ;i individual or entity and with benefits not being received by City residents." Following i; �! discussion, the amending motion was approved upon the following vote: Ayes, Eggimann, „' �; Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. I� i; ;; ;� i� Proceedings of the City Council, City of Cape Girardeau, Mo. 450 Regular Session Apri16 �g 98 sse3,o -- — — — -- — — --- _.---------- -- i j ------- - - — --- --- ------- !; i; Mr. Eggimann made a motion, seconded by Mr. Gateley, to amend paragraph 4.c. of the '� Jackson Policy Statement by deleting the following, "that is not sponsored by a not-for-profit �; � individual or entity and with benefits not being received by Jackson residents." The amending � motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. ' Mr. Eggimann made a motion, seconded by Mr. Gateley, to amend the first sentence of the last �: paragraph of the Cape and Jackson Policy Statements by replacing "Cable TV Advisory Committee" with "Public Awareness Coordinator." 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. There being no further business, the Council adjourned upon Mr. Gateley's Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. . A. . Spradling III, Mayor � � i; �,`�(,%//,L Gayle L onrad, Deputy City Clerk � � �