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Home My WebLink AboutCouncil.Minutes.07-06-1998 Proceedings of the City Council, City of Cape Girardeau, Mo. 31 Re�ular Session July 6 1 g 98 �__________---- -.------____-- --- --__________ - ----____J_- - -_ ___ --__ __ _____ _. ___ __ --. -- -------�-- - ---------- -----__ _---- ----- ---- -- _ ____ .__-- ---- _ __ --__.__._ i� , !� REGULAR SESSION -JULY 6, 1998 �� i! i! '� Council convened in regular session on Monday, July 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, Jay Purcell and Frank Stoffregen present. !� ;� ;� The invocation was presented by Mr. Gateley, and the Pledge of Allegiance was recited. '� :� ;i �' Prior to regular session, the City Council convened in executive session for the purpose of �� discussing personnel matters upon Mr. Gateley's motion, Mr. Neumeyer's second, and the � following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. ;� �; Nays, none. " The minutes of the June 15, 1998, regular and executive sessions were approved upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The agenda was adopted as distributed upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Mayor Spradling presented a plaque to Ed Calvin honoring him on his retirement as Municipal Judge from the City of Cape Girardeau. Mr. Calvin thanked the City and his staff in the Municipal Court office for their support. Mr. Ray Vogel appeared on behalf of Skip and Karen Stevenson regarding the problems with their septic tank at 2913 Perryville Road. Mr. Vogel stated that last week the City found and repaired a water leak near the septic tank, and since that time, the leakage from the tank has stopped. In addition, the Stevensons are having the tank pumped every ten days and are interested in hooking up to a city sewer. Mr. Vogel requested the order to vacate the structure be removed. City Manager Michael Miller responded that the City will set aside the order to vacate the structure as long as the septic tank is maintained. Mr. Duane Bryant appeared regarding Mr. Stevenson's septic tank and stated it has leaked for �ve years. The City held a meeting on April 17 and presented options to alleviate this problem; however, the Stevensons did not attend. Mr. Bryant stated that in Option A the city presented a cost of approximately $30,000, and in Option A I the cost presented was approximately $38,000. This did not include the cost for the lateral to the house, the manholes, or the sewer connection fee. Mr. Bryant stated he received a bid from Dutch Enterprises in the amount of $26,160, which included building the sewer, connecting the laterals to three homes, collapsing the existing septic tanks, and paying for the sewer connection fee. [n addition, Dutch could begin building the sewer this week. However, the Stevensons will not agree to this. Mr. Bryant requested the Council table the ordinance declaring it necessary to build the sewer and allow the property owners time to discuss this matter. : Mayor Spradling explained that the Council cannot force a private agreement on an individual but they can force everyone into a sewer district and assess the costs of construction to the �' property owners. ln addition, if first reading of the ordinance is approved at this meeting, it would be still given second and third readings at the next meeting and approved at that time. Proceedings of the City Council, City of Cape Girardeau, Mo. 32 Re�ular Session J�Y 6 19 9g �� ---- --- ------- ------- --- ------------- ---- - — ----- - — — - ------ --- '! Mr. Skip Stevenson appeared regarding his septic tank. He stated the cost for the city to install i; the sewer is $6,500 to $8,700 to be assessed over 10 years, which does not include the lateral i line or the hookup fee. The cost for the private contract for him is $8,720, and he would have to get a loan to pay for this. It would be best for him if the city would build the sewer and tax bill him. Following questioning from Mr. Eggimann, Mr. Stevenson stated he understood that if the city built the sewer, he would still have to construct the lateral line, pay the hookup fee and close out his septic tank. BILL NO. 98-132 was given first reading as follows: AN ORDINANCE DECLARING IT NECESSARY TO MAKE CERTAIN SEWER ' IMPROVE-MENTS IN LATERAL SEWER DISTRICT NO. 14-1-G2 Mr. Gateley made a motion, seconded by Mr. Neumeyer, to approve the first reading of BILL NO. 98-132. Mr. Gateley made an amending motion, seconded by Mr. Eggimann, to table the first reading of BILL NO. 98-132 to the next City Council meeting and for Mr. Miller to meet with the parties involved to attempt to resolve this matter before the next meeting. The amending motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, Spradling ; Mr. Trent Condellone appeared on behalf of 801 Goodhope, Inc. to answer any questions regarding the status of the Old St. Francis Hospital. He stated he is in the process of attempting to secure tax credits for the structure. Plans for the building include office space for not-for-profit organizations and possibly a police substation, and low income housing for the elderly. Immediate plans are to secure the building, landscape and remove trees, and place a fence around the property. If the building is renovated, the asbestos will be encapsulated instead of abated. Upon questioning by Mr. Purcell, Mr. Condellone stated that if the tax credits are not received, then only a partial rehabilitation may occur or the structure could be donated to a not-for-profit organization to secure grants and tax credits. If nothing is secured by January of 1999, then the project would have to be abandoned or the property sold. Estimates of costs to rehabilitate the building should be prepared within the next three weeks. Mr. Eggimann stated that the Council has been thinking about condemnation on this building for the last four years. The Council will continue to pursue condemnation of this structure if Mr. Condellone does not develop something in the near future. Mr. Spradling further explained that the Haarig Association has complained about this structure because of the undesirable elements it attracts. The timing of the condemnation coincides with the city having funds to do it. If the City receives a timetable and specific plans for the structure, the city can back off condemnation at that time. He requested that Mr. Condellone keep Mr. Miller advised on the status of the improvements. The following bills were given second and third readings. Proceedings of the City Council, City of Cape Girardeau, Mo. 33 Regular Session July 6 1 g 98 523787 BILL NO. 98-110 AN ORDINANCE ACCEPTING SEWER AND WATERLINE EASEMENTS FROM THE JAMES L. DRURY AND WANDA L. DRURY REAL ESTATE TRUST AND THE ROMAN CATHOLIC SPRINGFIELD-CAPE GIRARDEAU DIOCESE, FOR CONSTRUCTION OF SANITARY SEWERS TO SERVE THE NEW NOTRE DAME HIGH SCHOOL AND SURROUNDING AREAS BILL NO. 98-114 AN ORDINANCE APPROVING THE RECORD PLAT OF DKR 4Tx SUBDIVISION � � BILL NO. 98-116 AN ORDINANCE APPROPRIATING FUNDS FOR CONTINGENCY, PUBLIC WORKS, GENERAL CAPITAL IMPROVEMENT, INTERNAL SERVICES, PUBLIC SAFETY, PARKS AND RECREATION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 98-117 AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY CODE RELATING TO THE LICENSE AND BUSINESS REGULATIONS � LICENSE TAX The second and third readings of BILL NOS. 98-110, 98-114, 98-116 and 98-117 were I approved and the ordinances adopted upon Mr. Eggimann's motion, Mr. Gateley's second and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-110 is ORDINANCE NO. 2376; BILL NO. 98-114 is ORDINANCE NO. 2377; BILL NO. 98-116 is ORDINANCE NO. 2378; BILL NO. 98-117 is ORDINANCE NO. 2379. BILL NO. 98-119 was given first reading as follows: AN ORDINANCE ACCEPTING A TRUSTEE'S DEED FROM CHARLES W. RISKE, TRUSTEE OF THE BANKRUPTCY ESTATE OF WILLIAMS G. EVANS, FOR RIGHT-OF- WAY ON SOUTH WEST END BOULEVARD The first reading of BILL NO. 98-119 was approved upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-120 was given first reading as follows: AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR MAKING CERTAIN SEWER IMPROVEMENTS IN CAPE COMMERCIAL PARK SUBDIVISION, LATERAL SEWER DISTRICT 1v0. 14-1-C-2, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR � The first reading of BILL NO. 98-120 was approved up��n Mr. Gateley's motion. Mr. Purcell's fj second, and the following vote: .Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, ! Spradling, Stoffregen. Nays, none. � I � Proceedings of the City Council, City of Cape Girardeau, Mo. 34 Regular Session July 6 �g 98 523787 BILL NO. 98-122 was given first reading as follows: I AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 6 TO INCLUDE PROPERTIES ALONG BLOOMFIELD ROAD, INTERSTATE 55 AND MISSOURI ROUTE 74 ANNEXED MAY 1, 1998 The first reading of BILL NO. 98-122 was approved upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, I Purcell, Spradling, Stoffregen. Nays, none. � IBILL NO. 98-124 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, ESTABLISHING A HANDICAPPED PARKING SPACE ON LORIMIER STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 98-124 was approved upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-126 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-2-A-1, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-2-A, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SANITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14-2-A-1, UNDER A PRIVATE CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 98-126 was approved upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-127 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 13-C, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 13, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SANITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. l3-C, UNDER A PRIVATE ! CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE I iGIRARDEAU, MISSOURI � !f The first reading of BILL NO. 98-127 was approved upon Mr. Gateley's ►notion, Mr. Purcell's � �i secon�i, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, � i Spradling, Stoffregen. Nays, none. I BILL 'VO. 98-128 was given first reading as follows: ii I i � �. I Proceedings of the City Council, City of Cape Girardeau, Mo. 3s Regular Session July 6 1 g 98 523787 � AN ORDINANCE ACCEPTING A SEWER EASEMENT FROM SUNDANCE I APARTMENTS, LIMITED PARTNERSHIP, FOR CONSTRUCTION OF SANITARY SEWERS TO SERVE SUNDANCE APARTMENTS AND SURROUNDING AREAS i � The first reading of BILL NO. 98-128 was approved upon Mr. Stoffregen's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. � BILL NO. 98-131 was given first reading as follows: � � AN ORDINANCE APPROPRIATING FUNDS FOR INTERDEPARTMENTAL SERVICES �' (TAXI COUPON PROGRAM) AND TRANSFERRING APPROPRIATED FUNDS FROM CONTINGENCY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 98-131 was approved upon Mr. Purcell's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. I� BILL NO. 98-121 was presented as follows: ; � A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AUTHORIZING THE CITY MANAGER TO ENTER INTO A NEGOTIATOR SERVICES AGREEMENT WITH SITEFINDERS, INC. FOR THE ACQUISITION OF PROPERTY FOR THE NEW ALIGNMENT OF HOPPER ROAD BETWEEN MT. AUBURN AND KAGE ROADS The reading of BILL NO. 98-121 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. BILL NO. 98-121 is RESOLUTION NO. 1379. BILL NO. 98-123 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CAPE GIRARDEAU REDEVELOPMENT CORPORATION � The reading of BILL NO. 98-123 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. BILL NO. 98-123 is RESOLUTION NO. 1380. BILL NO. 98-125 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NIP KELLEY EQUIPMENT CO., INC. FOR DEMOLITION SERVICES FOR PHASE III OF THE 1995 FLOOD BUYOUT PROGRAM I� The reading of BILL NO. 98-125 was approved and the resolution adopted upon Mr. Neumeyer's mo�ion. Dr. Kasten's second, and the following �ote: Ayes, Eggimann, Gateley, Kasten, Neume�er. Purcell, Spradling, Stoffregen. Nays, None. BILL NO. 98-125 is RESOLUTION '�O 1381. I Proceedings of the City Council, City of Cape Girardeau, Mo. 36 Regular Session July 6 19 98 523787 BILL NO. 98-129 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MISSOURI PETROLEUM PRODUCTS COMPANY, FOR THE 1998 SLURRY SEAL PROGRAM The reading of BILL NO. 98-129 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. BILL NO. 98-129 is RESOLUTION NO. 1382. BILL NO. 98-130 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LAPPE CEMENT FINISHING, INC., FOR THE 1998 SIDEWALK I RECONSTRUCTION AND CURB AND GUTTER PROGRAM The reading of BILL NO. 98-130 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. BILL NO. 98-130 is RESOLUTION NO. 1383. Larry Dowdy was appointed as an alternate member to the Board of Adjustment for a term expiring September 4, 2000, upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Sharon Dunn Heuring was appointed to the Airport Advisory Board for a term expiring April 30, 2001, upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Larry McElroy was appointed to the Board of Examiners for a term expiring January 1, 1999, upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, I Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. A retail liquor by the drink license was conditionally approved for Lucy Frey, d/b/a Galleria Grill, 2021 Independence, Lucy Frey, Managing Office, upon Dr. Kasten's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling (abstain), Stoffregen. Nays, none. An out-of-district sewer connection was approved for Tom Mogelnicki at 3631 Hopper Road in Sewer District 14-NN, upon Dr. Kasten's motion. Mr. Gateley's second, and the following � vote: Ayes, Eggimann. Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The improvement plans for sanitary sewers. storm sewers, streets and stormwater improvements for Meln�se III Subdivision were approved upon Mr. Purcell's moticm, Mr. Eggimann's second, anel the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoftregen. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. 3� Regular Session July 6 1 g 98 S23787 �� The improvements to the Fort "D" CSO Sewer, SRF Loan C295229-02, 1994 sewer bond i Phase II were accepted, and final payment to Robinson Construction Company was authorized, upon Mr. Stoffregen's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The water main extension to serve the new Notre Dame High School was accepted into the city's system upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, j� Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The sanitary sewer trunk improvements to the Ramsey Branch Trunk Sewer Phase I were I accepted, and final payment to Drury Southwest, Inc. was authorized contingent upon completion of minor finish work and corrected paperwork, upon Mr. Purcell's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. There being no further business, the Council adjourned upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: A es, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. ,, �, I A. . Spradling III, Mayor � i � I ayle L� onrad, Deputy City Clerk I � li � I �f I � il �i I I I! �� i�