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Home My WebLink AboutCouncil.Minutes.11-02-1998 Proceedings of the City Council, City of Cape Girardeau, Mo. 111 Regular SGSsion November 2 1 g 98 �__ _�__ ___ �_____ ___. .________.________�___.__. -- ---_ ._ _ ____. _ __,- — ---- ------ ��e�,.� -— - ----- ----- -- ----------_ _ _ __-_ ---_-- �---. __------- --� . �! REGULAR SESSION- NOVEMBER 2, 1998 j I �, � li ;i Council convened in regular session on Monday, November 2, 1998, at 7:30 p.m. with Mayor I; �i Albert M. Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, �i ;j Melvin Kasten, Tom Neumeyer, Jay Purcell and Frank Stoffregen present. ',i ,, � Ii j1 �; + '� The invocation was presented by Rev. Clayton L. Smith, Centenary United Methodist Church, and j i i the Pledge of Allegiance was recited. �� i; I� �� The minutes of the October 19, 1998, regular session were approved upon Dr. Kasten's motion, ;i I I Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, 'i 'i Purcell, Spradling, Stoffregen. Nays, none. �! ;j �I :; The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Eggimann's second, and `� the followin vote: A es E imann, Gatele , Kasten Neume er Purcell, S radlin Stoffre en. g Y , gS Y > Y , P g, g j I ; Nays, none. ;j ;� i� i! Mayor Spradling announced that Tuesday, November 3, is election day, and he encouraged '� :i everyone to vote. In addition, he congratulated the Central High School football team in the 'j victory over Jackson High SchooL Jackson Mayor Paul Sander is wearing a Central High School ;i shirt at the Jackson Council meeting this evening, and portions of the meeting will be broadcast on i� j; the Channel 5 Public Access Channel later this week. � ,; E� This being the date set for a public hearing regarding the request of William R. and Kathryn J. �i E I Swan for a special use permit for a communication tower at 1606 North Kingshighway in a C-2, i i ;� general business district, the hearing was opened. There being no appearances, the hearing was i; !i closed. �� '� �; ;; '� �" This being the date set for a public hearing regarding the request of Gilbert Winschel and �� !+ Downtown Investment Company of Cape Girardeau, Inc. for a special use permit for a ;i i; commercial storage facility at 631 South Sprigg Street in an R-3, two family residential district, �� the hearing was opened. ;� ;� j� i; II Ms. Mary Skelton, 635 South Sprigg, appeared and questioned what type of structure will be at !; i� i; this location. She stated she was considering establishing a bed and breakfast at her property, and �; '` this use as a storage facility would not be compatible. ;i '' Mayor Spradling explained there will be no structure at this location. It will be a fenced in area " �; � that will store large trailers. The fence must be an open fence under the City Code. !; ' Mr. David Knight stated that there will be a chain link fence around the property. Upon �i ;i questioning by Mr. Purcell, he explained that he chose this location because of the price. i' There being no further appearances, the hearing vvas closed. ;; f! BILL NO, 98-218 was given first reading as follows: ;� oi �; f, E� s, �f ' i� '� ,� Proceedings of the City Council, City of Cape Girardeau, Mo. 112 Regular SeSSiOn November 2 1 g 98 Sz� - ---- -- ------_ --�, ------- ------- _ ---------- AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GILBERT L. WINSCHEL j' AND DOWNTOWN INVESTMENT COMPANY OF CAPE GIRARDEAU, INC., FOR " PURPOSES OF MAINTAINING AND OPERATING A COMMERCIAL STORAGE FACILITY AT 63l SOUTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Gateley made a motion to approve the first reading of BILL NO. 98-218. The motion failed �' for lack of a second, This being the date set for a public hearing regarding the request of the City of Cape Girardeau for a special use permit for a cellular phone communication tower at 2815 Perryville Road in an R-1, single family residential district, the hearing was opened. Mr. Ken Eftink appeared on behalf of the City. The tower may be used for the dispatch system ' for the city and county 911. The property owners were notified, and there was no opposition. There being no further appearances, the hearing was closed. BILL NO. 98-219 was given first reading as follows: AN ORDINANCE GRANTING A SPEC[AL USE PERMIT TO THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR PURPOSES OF CONSTRUCTING, MA[NTAINING AND OPERATING A CELLULAR COMMUNICATION TOWER AT 2815 PERRYVILLE ROAD, ' IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI � � The first reading of BILL NO. 98-219 was approved upon Mr. Eggimann's motion, Mr. Stoffregen's second, and the following votea Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The following bills were given second and third readings. , BILL NO. 98-202 AN ORD[NANCE AMENDING CHAPTER 24 OF THE CITY CODE RELATING TO TREES BILL NO. 98-203 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM MICHAEL Aa MATHES, TRUSTEE OF MICHAEL A. MATHES REVOCABLE TRUST, DATED OCTOBER 9, 1995 FOR HOPPER ROAD PHASE 11 IMPROVEMENTS BILL NO. 98-204 AN ORDINANCE ACCEPTING CORRECTED QUIT CLAIM DEEDS FROM THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE RIGHT OF WAY FOR SOUTHERN EXPRESSWAY AND WILLIAM STREET BILL NO. 98-206 AN ORDINANCE ACCEPTING UTILITY EASEMENTS FROM CARL W. PATTERSON, SHIRLEY A. PATTERSON AND LARRY D. BROWN, FOR A WATER LINE ALONG FRANKS LANE The second and third readings of BILL NOS. 98-202, 98-203, 98-204, 98-206, and 98-209 were approved and the ordinances adopted 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. 98-202 is ORDINANCE NO. 2434; BILL NO. 98-203 is ORDINANCE Proceedings of the City Council, City of Cape Girardeau, Mo. 113 Regular SeSSiOn November 2 1 g 98 ----. � .__ --- _ __ __ __ __. _ ._-- — ------------ --_ - szeaoo-- - ... ._____ _..__ _.___._.. ___ ._--- _ --.--- --W__ —.-- _�_�_�__ ------ --.--._____ _ ___._____. . _____-- - ,--. _ i j NO. 2435; BILL NO. 98-204 is ORDINANCE NO. 2436; BILL NO. 98-206 is ORDINANCE i; NO. 2437. I I i� ;� �i BILL NO. 98-209 was given second and third readings as follows: �{ i �f I� AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A ST. VINCENT !; �� SEMINARY PROPERTY COOPERATION AGREEMENT, WITH SOUTHEAST MISSOURI �� STATE UNIVERSITY I �1 i j� Mr. Stoffregen made a motion, seconded by Mr. Gateley, to approve the second and third ;� readings of BILL NO. 98-209 and adopt the ordinance. Mr. Neumeyer made a motion, seconded �i �i by Mr. Cateley to amend the second sentence of paragraph 5 of the Agreement to rea d as follows: ;; {j "University and City shall have equal voice in deciding all questions of design relating to the ',I �� ointl o erated Facilities." The amendin motion was a roved u on the followin vote: A es ! I� .I Y P g PP P g Y � i, !! Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The �! �� ori inal motion was a roved as amended u on the followin vote: A es E imann Gatele i; g PP P g Y , gg > Y� �; Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-209 is !s ;i ORDINANCE NO. 2438. ;; �� ;� � �j BII.L NO. 98-187 was given first reading as follows: '' ,; ii �, i; AN ORDINANCE AMENDWG CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PART OF �' �; TRACTS ON PARK AVENUE, NORMAL AVENUE, AND NORTH WEST END �� r� BOULEVARD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 TO ' ;i R-2 �` '� %j u j; The first reading of BILL NO. 98-I 87 was approved upon Mr. Neumeyer's motion, Mr. Purcell's i� i� second, and the followin g vote: A yes, E g gimann, Gatele y, Kasten, Neume yer, Purcell, � ��i�: Spradling, Stoffregen. Nays, none. �� (� li '� BILL NO. 98-210 was given first reading as follows: `� �, ii +i ;; i, j; AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY j; !� CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE WEST `� S(DE RELIEF SEWER PROJECT i:. I� The first reading of BILL NO. 98-210 was approved upon Mr. Gateley's motion, Dr. Kasten's �� second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. � i� ';� ;� BILL NO. 98-21 1 was given first reading as follows: ii AN ORDINANCE ACCEPTWG PERMANENT EASEMENTS, A PERMANENT RIGHT OF i; WAY EASEMENT, A MULTIPLE USE PERMANENT EASEMENT AND TEMPORARY ; �I CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR A NEW ;i �i SANITARY SEWER FORCE MAIN AND LIFT STATIONS i i �� '�i �� The first reading of BILL NO. 98-21 I was approved upon Mr. Eggimann's motion, Mr. Gateley's �� second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. �� ; Proceedings of the City Council, City of Cape Girardeau, Mo. 114 Regular SeSSion November 2 �9 98 �� ---- ------ — -------_____--------------- -----___--- ----�,-------- !� BILL NO. 98-212 was given first reading as follows. ' i. AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE FORT D SEWER PROJECT The first reading of BILL NO. 98-212 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. 98-213 was given first reading as follows: AN ORDINANCE ACCEPTWG PERMANENT EASEMENTS AND TEMPORARY '' CONSTRUCTION EASEMENTS FROM J. M. ASSOCIATES, A MISSOURI PARTNERSHIP, VERNON AND KATHRYN L. WESTRICH, JAMES E. AND BETTY J. MCDONALD, ' SHIRLEY SLAUGHTER, DONALD J. AND JOYCE ANN SMITH, RALPH S. AND BETTY L. HENCY, R. STEVEN HIGGERSON A/K/A RALPH STEVEN HIGGERSON, THE HAN MU KANG REVOCABLE LIVING TRUST, DATED JULY 19, 1985, AND DOROTHY M. SIGMUND, TRUSTEE OF THE DOROTHY M. SIGMUND REVOCABLE LIVING TRUST AGREEMENT DATED APRIL 12, 1990 FOR THE SLOAN CREEK SEWER PROJECT ; The first reading of BILL NO. 98-213 was approved 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. 98-214 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY j', CONSTRIJCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE MAIN COMBINED SEWER OVERFLOW PROJECT The first reading of BILL NO. 98-214 was approved upon Mr. Purcell's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-217 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO WILLIAM R. SWAN AND KATHRYN J. SWAN, FOR PURPOSES OF CONSTRUCTING, MAINTAIN[NC AND �, OPERATING A COMMUNICATION TOWER AT 1606 NORTH KINGSHIGHWAY, IN THE !' CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 98-217 was approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. Spradling abstained for financial reasons. BILL NO. 98-220 was given first reading as follows: AN ORDINANCE AUTHOR[ZING THE ISSUANCE OF SPECIAL TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU Proceedings of the City Council, City of Cape Girardeau, Mo. 115 Regular Session November 2 1 g 98 ------_ _ ___�__---. _.__. __ ___ _ ._ _ -- _ . _ _ _-____^�.-- ----- __.____..__._.,----___ __ -- - _ -----_. .,_ _._. ._._ ..__ _ -- --- ---------- — � � �,' The first reading of BILL NO. 98-220 was approved upon Mr. Neumeyer's motion, Mr. Gateley's i i � �. i i second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, ;I �; Spradling, Stoffregen. Nays, none. '� �� ,i �I C, BILL NO. 98-221 was given first reading as follows: �� {� ''� �iAN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF ;� � BROADWAY FROM CLARK AVENUE EAST TO PERRY AVENUE, APPROXIMATELY i I 2600 FEET, W THE CITY OF CAPE GIRARDEAU, MISSOURI ; ;i �i The first reading of BILL NO. 98-221 was approved upon Mr. Gateley's motion, Mr. Eggimann's ;i ;; second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, i' I,� Spradling, Stoffregen. Nays, none. �i ii �� BILL NO. 98-222 was given first reading as follows: j� !� '�, ;i ;i AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF MT. ' ",i AUBURN ROAD FROM MISSOURI ROUTE K NORTH TO WDEPENDENCE STREET, 's APPROXiMATELY 2370 FEET, IN THE CITY OF CAPE GIRARDEAU, M(SSOURI ;; ;; � ;: The first reading of BILL NO. 98-222 was approved upon Mr. Gateley's motion, Mr. PurcelPs i i second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, II Spradling, Stoffregen. Nays, none. �'' ;� �,i ;� BILL NO. 98-223 was given first reading as follows: i; '� AN ORDINANCE DECLARING IT NECESSARY TO [MPROVE THAT PART OF SILVER ;� �� SPRINGS ROAD FROM MISSOURI ROUTE K TO THE END OF EXISTING PAVEMENT i� '' SOUTH OF INDEPENDENCE STREET, APPROXIMATELY 2100 FEET, IN THE CITY OF �� '� CAPE GIRARDEAU, MISSOURI I i i' !i �; i� The first reading of B[LL NO. 98-223 was approved upon Mr. Gateley's motion, Mr. Eggimann's �; �� second, and the followin vote: A es E imann Gatele Kasten Neume er Purcell ��` g Y , gg , Y, , Y , � ;I !! Spradling, Stoffregen. Nays, none. ';� �� ; � BILL NO. 98-226 was given first reading as follows: ii i' j; AN ORDINANCE APPROPRIATING FUNDS FOR PUBLIC SAFETY, IN THE CITY OF � CAPE GIRARDEAU, MISSOURI �'� ii �: � ii Ii The first reading of BILL NO. 98-226 was approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, �' Spradling, Stoffregen. Nays, none. ;, �= !' BILL NO. 98-215 was presented as follows: ;j �i �; �; A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION �I CONTRACT WITH FLOYD WARE !� i� ii ;; !� 'i Proceedings of the City Council, City of Cape Girardeau, Mo. 116 Regular S2SSiOr1 November 2 19 98 sze�w ---- �._________ -- ,,------ — -- --- --- ---- ------------ „ �' Following discussion, the reading of BILL NO. 98-215 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. 98-215 is RESOLUTION NO. 1410. BILL NO. 98-216 was presented as follows: " A RESOLUTION ADOPTING THE CITY OF CAPE GIRARDEAU REHABILITATION GRANT PROGRAM GU[DELINES FOR HOMEOWNERS AND RENTAL PROPERTY OWNERS The reading of BILL NO. 98-216 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. 98-216 is RESOLUTION NO. 141 I. BILL NO. 98-224 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH AMOCO OIL COMPANY, FOR CERTAIN IMPROVEMENTS ON WILLIAM STREET RIGHT-OF-WAY The reading of BILL NO. 98-224 was approved and the resolution adopted upon Mr. Gateley's motion, Mr, Eggimann's second, and the following vote; Ayes, Eggimann, Gateley, Kasten, , Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. B[LL NO. 98-224 is RESOLUTION NO. 1412. , BILL NO. 98-225 was presented as follows: I; A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND ' INDEMNITY AGREEMENT WITH AMOCO OIL COMPANY, FOR CERTAIN IMPROVEMENTS ON FARRAR STREET RIGHT-OF-WAY The reading of BILL NO. 98-225 was approved and the resolution adopted upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. BILL NO. 98-225 is RESOLUTION NO. 1413. BILL NO, 98-227 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EPIC SYSTEMS, INC., FOR ENGINEERING DESIGN FOR THE WASTEWATER TREATMENT PROJECT The reading of BILL NO. 98-227 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. 98-227 is RESOLUTION NO. 1414. ; Proceedings of the City Council, City of Cape Girardeau, Mo. 117 Regular SeSsion November 2 �9 98 �_---_.___.------ ___ _ _ -�----._. --- -- --__ -- ---_ _ _ _ __ __ __.�_.. C9AL(1 ..__.___. . ..._r_'�.'__--'- .__"" '-"".-_�_._.._.. ___ .._ ....... ._ ....._._..._.�._"'.. ___ """_.._ ..__. _ '_.... .... .. _..._'______..._.._. __'_._"__...�--__ �I I I Ms. Caryn Michael and Mr. Ed Kaiser were appointed to the Golf Course Advisory Board for ;� �i terms expiring November 12, 2001, upon Mr. Gateley's motion, Mr. Purcell's second, and the '� ,i following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. i� j I Nays, none. '' '' I � A retail liquor by the drink and Sunday sales license was conditionally approved for David Duane I! I McAllister, d/b/a Mac's Smokehouse Airport Restaurant, I-55 and Airport Road, David Duane ;� �� McAllister, Managing Officer, upon Mr. Stoffregen's motion, Mr. Neumeyer's second, and the j+ i� following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. ;� iI Nays, none. �' � ;� ii �;; i{ A 5% beer by the drink liquor license was conditionally approved for Amalia N. Demopoulos j I �! d/b/a Caf� Alexander, 1034 Broadway, Amalia N. Demopoulos, Managing Officer, upon Dr. I; 1.; Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, �j Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. 'I i 'i 'i The improvements completed under the 97-1 Street Overlay Program were approved, liquidated ;' damages in the amount of $2,504.65 were assessed, and final payment to Apex Paving Company '' ;� was authorized upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following votee ; �! Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. ' ,� :� ,j The improvements completed under the 1998 Slurry Seal Program were accepted, and final i� payment to Missouri Petroleum Products Company was authorized upon Mr. Purcell's motion, I� ', 1i =I Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, ; Purcell, Spradling, Stoffregen. Nays, none. ;i 'i {! The first and final payment to Drury Southwest, Inc. for the $281,500.00 cost share of the route K 'i ;i water main extension and for the expense of the repair of the line in the amount of$1,531.35, for ;� ti , 11 i; a total of $283,031.35, was authorized upon Dr. Kasten's motion, Mr. Eggimann s second, and ;� ' the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. ;i �; Nays, none. � ;': ii � ;j The water main extension to serve Sundance Apartments at the intersection of Hackberry Street ;; �'; and Pacific Street was accepted into the city's system, upon Mr. Eggimann's motion, Mr. !; Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, � Purcell, Spradling, Stoffregen. Nays, none. � i ;i There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Ne��meyer, Purcell, Spradling, Stoffregen. Nays, none. �� i� �: � �� ;; A. M. Spradling III, Mayor �! ii 'i �; �� si �� Gayle . Conrad, Deputy City Clerk ;; C; i�