HomeMy WebLinkAboutCouncil.Minutes.04-20-1998 Proceedings of the City Council, City of Cape Girardeau, Mo. 455
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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.
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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-
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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.
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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
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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
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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
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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,
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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:
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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
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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.
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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.
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A. . Spradling III, Mayor
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Gayle L. nrad, Deputy City Clerk
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