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HomeMy WebLinkAboutCouncil.Minutes.04-20-1998 Proceedings of the City Council, City of Cape Girardeau, Mo. 455 Regular Session Apri120 �g _98__ 523787 REGULAR SESSION — APRIL 20, 1998 Council convened in regular session on Monday, April 20, 1998, at 7:30 p.m. with Mayor Albert M. Spradling, III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin Kasten, Jay Purcell and Frank Stoffregen present. Tom Neumeyer was absent. The invocation was presented by Rev. Ron Watts of LaCroix United Methodist Church, and the Pledge of Allegiance was recited. � The City Council convened in Executive Session prior to the Regular Session for the purpose of discussing property acquisition and personnel issues upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. The minutes of the April 6, 1998, regular session and the April 9, 1998, special session were approved upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. Mayor Spradling welcomed new Councilmen Jay Purcell and Frank Stoffregen. This being the date set for a public hearing regarding the request for transfer of the cable communications franchise and system in the City of Cape Girardeau, from TCI Cablevision of Missouri, Inc. to Falcon Holding Group, L.P. and Falcon Communications, L.P./TCI Cablevision of Missouri, Inc., a limited partnership, the hearing was opened. There being no appearances, the hearing was closed. Mr. Steve Strom appeared in support of BILL NO. 98-76 regarding the record plat of Northfield 18`� Subdivision. BILL NO. 98-76 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF NORTHFIELD EIGHTEENTH � SUBDIVISION Mr. Gateley made a motion, seconded by Dr. Kasten, to approve the first reading of BILL NO. 98-76. Mr. Eggimann made an amending motion, seconded by Mr. Gateley, to declare BILL NO. 98-76 an emergency measure and to give it second and third readings. The amending � motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. The bill was given second and third readings. Mr. I Gateley made a motion, seconded by Mr. Eggimann, to approve the second and third readings of BILL NO. 98-76 and adopt the ordinance. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-76 is ORDINANCE NO. 2349. I Proceedings of the City Council, City of Cape Girardeau, Mo. 456 Regular __ Session April 20 1 g 98 S23787 Dr. Kasten made a motion, seconded by Mr. Eggimann, to approve the Planning and Zoning variance to the sidewalk regulations to not require sidewalks under Provisions of Section 25-87 of the Subdivision Regulations for Northfield Eighteenth Subdivision. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 89-77 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH NORTHFIELD PROPERTIES, INC. AND THE BANK OF MISSOURI, FOR NORTHFIELD EIGHTEENTH SUBDIVISION The reading of BILL NO. 98-77 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-77 is RESOLUTION NO. 1357. Mr. Burl Reynolds appeared in support of BILL NO. 98-80. BILL NO. 98-80 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH BURL L. REYNOLDS AND TIMOTHY A. KURRE TO PLACE CERTAIN IMPROVEMENTS ON COMMERCIAL STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 98-80 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-80 is RESOLUTION NO. 1358. Mr. Larry Westrich appeared in support of the request for a special use permit for Drury ' Southwest for a sixth floor on an existing building. He thanked the Council for reviewing this request and apologized for any inconvenience. He stated that no floors are being added to this building, and it is in compliance with the building codes. BILL NO. 98-75 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ROBERT A DRURY AND ANNA R. DRURY, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A SIXTH FLOOR ON THE STRUCTURE AT 3065 WILLIAM STREET, IN 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. 98-75. Mr. Gateley made a motion, seconded by Mr. Eggimann, to amend the special use permit by requiring that all parking spaces for the entire building be in place before the building is occupied. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. Mr. Eggimann made an amending motion, seconded by Mr. Gateley, to declare BILL NO. 98-75 an emergency measure and be given second and third readings. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. The bill was given second and third readings. T'he second and third readings of BILL NO. 98- Proceedings of the City Council, City of Cape Girardeau, Mo. 4s� Regular Session Apri120 __ 1 g 98_ 523787 75 were approved and the ordinance adopted upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-75 is ORDINANCE NO. 2350. Mr. Dave Gerlach appeared and stated he submitted a late proposal to approve the record plat of DKR 3`a Subdivision. He requested an ordinance approving the plat be given three readings because he has a buyer for the property. Mayor Spradling questioned the status of the water plans for this subdivision. Mr. Gerlach explained that when the new street is constructed from Bloomfield to Broadview, the two water trunk lines will be connected at that time. BILL NO. 98-87 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF DKR 3RD SUBDIVISION The first reading of BILL NO. 98-87 was approved upon Mr. Gateley's motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. Mr. Gerlach questioned whether the ordinance would be given second and third readings. Mayor Spradling responded that the motion was not amended, and only the first reading was approved. Mr. Dwayne Bryant, 2928 Perryville Road, appeared regarding the septic tank problems on Perryville Road. He has reviewed the options to relieve the sewer problems submitted to the Council, and he requested that his name be removed from the Petition requesting a sewer district. He explained that he is not having a problem with his septic tank, and he cannot afford to hook up to city sewers. In addition, he stated that the costs for the options prepared by the Engineering staff are the same as they were six years ago and are too high. Hanover Church has not agreed to join the sewer district, and the property owners on Evergreen have not been � approached. � Mr. Jewell Cox, 2002 Evergeen, questioned how the sewage problem on Perryville Road was going to be taken care of. I Mayor Spradling asked the staff to contact all property owners in the proposed expanded sewer I district and receive input from them individually. Staff should then set a meeting to discuss this I matter with them as a group. He explained that alternatives include establishing an involuntary sewer district, the residents paying for the sewer up front and with no tax bill being issued for the project, or do nothing at all. Mr. Gateley expressed concerns with the raw sewage running across the yards. Mr. Cox appeared again and stated that before he connected to the city sewer, the city was going to condemn his septic tank. He questioned why this is not being done with the present property owners that are having problems with their septic tanks. Mr. Gateley stated that Section 24-3 of the City Code makes it unlawful to obstruct the use of a � street; however, this does not include large recreational vehicles parked in driveways or on private property that obstruct the view of traffic on a city street. Mr. Gateley made a motion requesting city staff draft an ordinance regulating recreational vehicles, including campers and boats, which block the line of sight on streets by being parked on driveways. The motion failed for lack of a second. I Proceedings of the City Council, City of Cape Girardeau, Mo. 4ss Regular_ Session Apri120 1 g 98 S23787 Mr. Gateley stated that in January of 1996, the City Council discussed the use of Convention and Visitor Bureau funds in three categories: (1) to pay off indebtedness on the Show Me Center; (2) to promote tourism, conventions and other activities; and (3) to promote programs for the fostering and development of manufacturing, industrial, retail, scientific, educational and business enterprise, and economic development of the city. He stated that since that time, no information has been received regarding category number three. Mr. Gateley made a motion, seconded by Mr. Eggimann, for the Chairman and Vice-Chairman of the Convention and Visitors Advisory Board to present an update on activities in category number three at the next City Council meeting. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. The following bills were given second and third readings. BILL NO. 98-61 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 GIRARDEAU, INC. AND THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 98-57 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 DRNE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM MH-1 TO C-3 BILL NO. 98-58 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, I BY CHANGING THE ZONING OF A TRACT ALONG SIEMERS DRIVE, FROM BLOOMFIELD ROAD TO NEW HIGHWAY 74 � RIGHT-OF-WAY, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO C-3 BILL NO. 98-59 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FIRST CHURCH OF THE NAZARENE, FOR PURPOSES OF MAINTAINING AND OPERATING AN INFANT DAY i CARE/PRESCHOOL CENTER AT 2601 INDEPENDENCE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI � BILL NO. 98-64 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 BILL NO. 98-65 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM EVELYN M. WALKER FOR THE CAPE ROCK WATER TREATMENT PLANT EXPANSION PROJECT � � Proceedings of the City Council, City of Cape Girardeau, Mo. 459 __ Regular Session April 20 _ 1 g 98 _ 523787 BILL NO. 98-68 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 i I i � BILL NO. 98-70 AN ORDINANCE ACCEPTING A SEWER EASEMENT FROM VERNON E. RHODES FAMILY PARTNERS, L.P., FOR EXTENSION OF A SANITARY SEWER LINE ALONG BOULDER � CREST DRIVE BILL NO. 98-71 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 second and third readings of BILL NOs. 98-61, 98-57, 98-58, 98-59, 98-64, 98-65, 98-68, 98-70 and 98-71 were approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-61 is ORDINANCE NO. 2351; BILL NO. 98-57 is ORDINANCE NO. 2352; BILL NO. 98-58 is ORDINANCE NO. 2353; BILL NO. 98-59 is ORDINANCE NO. 2354; BILL NO. 98-64 is ORDINANCE NO. 2355; BILL NO. 98-65 is ORDINANCE NO. 2356; BILL NO. 98-68 is ORIDNANCE NO. 2357; BILL NO. 98-70 is ORDINANCE NO. 2358; BILL NO. 98-71 is ORDINANCE NO. 2359. BILL NO. 98-74 was given first reading as follows: AN ORDINANCE ACCEPTING DEEDS FROM VARIOUS PROPERTY OWNERS FOR THE 1995 FLOOD BUYOUT PROGRAM The first reading of BILL NO. 98-74 was approved upon Dr. Kasten's motion, Mr. Gateley's � second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-83 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, ESTABLISHING SPEED LIMITS ON PERRYVILLE ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Eggimann made a motion, seconded by Mr. Gateley, to approve the first reading of BILL NO. 98-83. Mr. Eggimann made an amending motion, seconded by Dr. Kasten, that BILL NO. 98-83 be declared an emergency measure and given second and third readings. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. The Ordinance was given second and third readings. The second and third readings of BILL NO. 98-83 were approved and the ordinance adopted upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Proceedings of the City Council, City of Cape Girardeau, Mo. 460 Regular Session Apri120 __ _ 1 g 98__ 523787 Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-83 is ORDINANCE NO. 2360. BILL NO. 98-85 was given first reading as follows: AN ORDINANCE OF THE CITY OF CAPE GIRARDEAU, MISSOURI, APPROVING THE TRANSFER OF THE CABLE COMMUNICATIONS FRANCHISE The first reading of BILL NO. 98-85 was approved upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, None. BILL NO. 98-84 was presented as follows: A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, APPROVING THE TRANSFER OF THE CABLE COMMUNICATIONS SYSTEM The reading of BILL NO. 98-84 was approved and the resolution adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, � Purcell, Spradling, Stoffregen. Nays, None. BILL NO. 98-84 is RESOLUTION NO. 1359. BILL NO. 98-72 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BOWEN ENGINEERING & SURVEYING, INC., FOR A RAILROAD SPUR TRACT The reading of BILL NO. 98-72 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-72 is RESOLUTION NO. 1360. BILL NO. 98-78 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT TO ESCROW FUNDS WITH ROBINSON MECHANICAL CONTRACTORS, INC., D/B/A ROBINSON CONSTRUCTION COMPANY, FOR THE RAW WATER INTAKE RELIABILITY ENHANCEMENT PROJECT The reading of BILL NO. 98-78 was approved and the resolution adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-78 is RESOLUTION NO. 1361. The improvements to the raw water intake structure at Water Treatment Plant#1 were accepted and final payment to Robinson Construction Company was authorized upon Dr. Kasten's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-79 was presented as follows: , Proceedings of the City Council, City of Cape Girardeau, Mo. 461 Regular Session Apri120 __ _ �g 98 S23787 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KOEHLER ENGINEERING AND LAND SURVEYING FOR THE MT. AUBURN � ROAD WIDENING & SIGNALIZATION PROJECT The reading of BILL NO. 98-79 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-79 is RESOLTUION NO. 1362. BILL NO. 98-81 was presented as follows: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH S. H. SMITH & COMPANY, INC. FOR DESIGN OF THE HOPPER ROAD BRIDGE Dr. Kasten made a motion, seconded by Mr. Gateley to approve the reading of BILL NO. 98- ( 81 and adopt the resolution. Mr. Eggimann made an amending motion, seconded by Mr. Gateley, to delete the word "design" in the resolution and replace it with the words "construction phase services". The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-81 is RESOLUTION NO. 1363. BILL NO. 98-82 was given first reading as follows: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BIS COMPUTER SOLUTIONS, INC. The reading of BILL NO. 98-82 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-82 is RESOLUTION NO. 1364. BILL NO. 98-86 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SERVICES WITH THE CAPE GIRARDEAU AREA INDUSTRIAL RECRUITMENT ASSOCIATION, FOR AN EAST/WEST HIGHWAY PROJECT The reading of BILL NO. 98-86 was approved and the resolution adopted upon Mr. Purcell's motion, Dr. Kasten's second, and the following vote: Ayes, Kasten, Purcell, Spradling, Stoffregen. Nays, None. Mr. Eggimann and Mr. Gateley abstained for financial reasons. BILL NO. 98-86 is RESOLUTION NO. 1365. J. Fred Waltz, Randy Holdman and Dan Overbey were appointed to the Airport Advisory Board for terms expiring April 30, 2001, upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. Roscoe Newbern appeared regarding his request for a liquor license at 625 Good Hope. He stated that the priest at St. Mary's Cathedral would consent to the license if the Police Chief would give his approval. The church gave its consent to a bar that was at this location previously. He stated that the Chief should not base his decision on actions of previous bar � Proceedings of the City Council, City of Cape Girardeau, Mo. 462 Regular _ Session Apri120 19 98 523787 owners at this location. The Police is concerned with those individuals who break the law and he is trying to establish a place that people can go to who do not break the law. Mayor Spradling suggested to Mr. Newbern that he contact the priest at St. Mary's again and ask them to reconsider. City ordinance states that a liquor license cannot be approved if it is located within 200' feet of a school or place of worship without the consent of the school or church, and without their consent, the Council cannot issue a license. � A retail liquor by the drink and Sunday sales license for Franklin McClanahan, d/b/a Auntie Alberts, 731 Broadway, Scott Franklin McClanahan, Managing Officer, was conditionally approved upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. A retail liquor by the drink and Sunday license for Silvers, Inc., d/b/a Broussard's, 120 N. Main Street, Kevin Silvers, Managing Officer, was conditionally approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none A 5% beer by the drink and Sunday sales license for Silvers, Inc., d/b/a Bob's Fish House, 1015 N. Kingshighway, Kevin Silvers, Managing Officer, was conditionally approved upon Dr. Kasten's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, none. c-- A. . Spradling III, Mayor � � t; � � Gayle L. nrad, Deputy City Clerk 1 � �