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Home My WebLink AboutCouncil.Minutes.11-16-1998 Proceedings of the City Council, City of Cape Girardeau, Mo. 121 Regular SessiOtl November 16 1 g 98 ___— ._______ ----_-------------_-_--- .._--- ---_ __----- --- -___ _ _.___---.----- .�_'__"_'.-"_'__w,�.__ MY'L(1 ... ._....,....._v_�.�-_,_�_.. "'_'___�_.'_'"_._.._". _.__._... �__.�..."'"""' .._ __"'_"'_-_.__ .."'.�_ .__....._.__..__, i ....._ ..._..__..._ ......._..'_'_.._......_�___-___ , REGULAR SESSION— NOVEMBER 16, 1998 �I ' !) Council convened in regular session on Monday, November 16, 1998, at 7:30 p.m. with Mayor i �; Albert M. Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, !I ;� Melvin Kasten, Tom Neumeyer, Jay Purcell and Frank Stoffregen present. ;� j� Si 't ; The invocation was presented by Rev. John Ferguson, and the Pledge of Allegiance was recited. ;; I � The minutes of ihe October 29, 1998, special session, November 2, 1998, regular session, and �i November 6, 1998, special session were approved upon Dr. Kasten's motion, Mr. Gateley's � �� second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, !� j� Stoffregen. Nays, none. I� � ;i �i The agenda was adopted as distributed upon Mr. Neumeyer's motion, Mr. Gateley's second, and i� !� the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. � �� Nays, none. 'i s� !� :i i '; This being the date set for a public hearing regarding the request for annexation by Drury i; ii Southwest Signs for a 2.772 acre tract adjoining the city limits along Interstate 55 and Wolverine I� ;; Road (south outer road), south of the new Route 74 interchange, the hearing was opened. There ''• ;; being no appearances, the hearing was closed. ;� ;; This being the date set for a public hearing to consider amendments and changes to the Floodplain j! Management Regulations for the City of Cape Girardeau, the hearing was opened. There being I' ;; no appearances, the hearing was closed. ;i � '; � 'i Mr. Jewel Cox appeared in opposition to BILL NO. 98-219 for a special use permit for a tower at 'i !� 2815 Perryville Road stating that no one other than the adjoining property owners were notified of !� i I this. ;� �� ii ii �; City Planner Kent Bratton stated that a public notice was published in the Southeast Missourian, �i and a notice was sent to all adjoining property owners. �; �: i� ;i Mr. Joe Strack, 2827 Perryville Road, also appeared in opposition to this special use permit . He � expressed concerns with how tall the tower was, the lighting on the tower, where the tower would fall if it failed for any reason, the effects on property value in the neighborhood, and health ;� concerns such as its effect on pacemakers. He stated that this property was never posted with a ;; notice, and he learned of the request from watching the previous Council meeting on television. ; �' He requested the Council table the matter and give more notice to the public about the request. City staff explained that the property was not posted because the city property where the tower is going is not visible to the public, and if it was posted, the sign would be on a closed street. City � Ordinance does not require the property to be posted. Regarding the lighting, there will be a red ',; beacon light on the tower, and this is at the request of the hospitals. (i Mr. Dennis Paul appeared on behalf of Ameritech Cellular and reviewed the structure of the tower ;; �; as well as the lighting. It is designed to bend on itself if it fails and will withstand 90 mph winds. '� �� This is the same type of tower installed on metropolitan hospitals, and there are no health 6; problems. The tower will be located on a 30' x 50' area on the southeast corner of the city's i� property near the entry gates. � �; i': � �� Proceedings of the City Council, City of Cape Girardeau, Mo. 122 Regular S2SSion November 16 i 9 98 -- sxe3,o - — — -----_-----._._____. ---- i i--------- -- — —— —--- ---- � !� Following discussion, BILL NO. 98-219 was given second and third readings as follows: il AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE CITY OF CAPE C[RARDEAU, MISSOURI, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CELLUAR COMMUNICATION TOWER AT 2815 PERRYVILLE ROAD, IN 'THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI ' !� IVIr. Eggimann made a motion, seconded by Mr. Stoffregen to approve the second and third readings of BILL NO. 98-219. Mr. Gateley made a motion, seconded by Mr. Purcell, to table approval of the second and third readings of BILL NO. 98-219 to the December 7 City Council meeting. The motion to table was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, Spradling. Mr. Joe Strack appeared regarding the construction on Perryville Road and stated that the contractor of the job has not placed flashing red lights on the barricades on the street. Mr. Ray Sanders appeared regarding the Perryville Road project and requested that at least one lane of traffic be kept open during construction. In addition, Perryville Road is completed to Lakeshore Drive, and this should be opened to traffic. Mayor Spradling responded that city staff is still attempting to resolve the issue regarding the retaining wall. He directed city staff to review the issue whether the street can be opened safely. Mr. Jewel Cox stated that before construction on Perryville Road began, the newspaper reported that citizens were promised that the road would be open to the public at all times. Regarding the special use permit for the tower on Perryville Road, Mr. Purcell stated that input is needed from everyone in the area in order for the Council to make an informed decision. Mr. Eggimann thanked the citizens of Cape Girardeau for the 53 percent vote received for the River Campus project. The following bills were given second and third readings. BTLL NO. 98-187 AN ORDINANCE AMENDING 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 BOULEVARD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 TO R-2 BILL NO. 98-210 AN ORD[NANCE ACCEPTINC PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE WEST SIDE RELfEF SEWER PROJECT f. B[LL NO. 98-21 I AN ORDINANCE ACCEPTING PERMANENT EASEMENTS, A PERMAIVENT RIGHT OF WAY EASEMENT, A MULTIPLE USE PERMANENT EASEMENT AIVD TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR A NEW SANITARY SEWER FORCE MAIN AND LIFT STATIONS Proceedings of the City Council, City of Cape Girardeau, Mo. 123 Regular SeSSion November 16 19 98 �,____.__.___.__._______--- ... -- -� _._ - -- -- - ___. MALn -._.__.._._..... _._.__......._._'""_.'__...__ �..��_ ._.�_".'>__"�'�_ " �I . _ .^ ._.__._..., . ._._ . ..___ _.�."__ . ..___._.. ... ..___. _...... _.._ � ��, BILL NO. 98-212 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND ! TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS � � 1� PROPERTY OWNERS FOR THE FORT D SEWER PROJECT i� �i �� i j� BILL NO. 98-213 AN ORD[NANCE ACCEPTING PERMANENT EASEMENTS AND ';i j TEMPORARY CONSTRUCTION EASEMENTS FROM J. M. " {�' ASSOC[ATES, A MISSOURI PARTNERSHIP, VERNON AND '� � KATHRYN L. WESTRICH, JAMES E. AND BETTY J. MCDONALD, I i �� SHIRLEY SLAUGHTER, DONALD J. AND JOYCE ANN SMITH, ',i �� RALPH S. AND BETTY L. HENCY, R. STEVEN HIGGERSON 'i �� A/K/A RALPH STEVEN HIGGERSON, THE HAN MU KANG �� REVOCABLE LIVWG TRUST, DATED JULY 19, 1985, AND " i ` 'j DOROTHY M. SIGMUND, TRUSTEE OF THE DOROTHY M. 'i �j S[GMUND REVOCABLE LIVING TRUST AGREEMENT DATED 'I !' APRIL l2, 1990 FOR THE SLOAN CREEK SEWER PROJECT '�� ; ,; �� i! �� B[LL NO. 98-214 AN ORD[NANCE ACCEPTING PERMANENT EASEMENTS AND � ', '� TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS f; !' PROPERTY OWNERS FOR THE MAIN COMBINED SEWER �; '; OVERFLOW PROJEC'T ;i �' BILL NO. 98-217 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO "' WILLIAM R. SWAN AND KATHRYN J. SWAN, FOR PURPOSES ;; OF CONSTRUCTING, MAINTAINING AND OPERATING A ;� COMMUNICATION TOWER AT 1606 NORTH KINGSHIGHWAY, � �� IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI ;; �! ':I. B[LL NO. 98-220 AN ORD[NANCE AUTHORIZING THE ISSUANCE OF SPECIAL !i i i TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS j E j; UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF �! ORDINANCES OF THE CITY OF CAPE GIRARDEAU i� ';� ;; BILL NO. 98-221 AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE '! THAT PART OF BROADWAY FROM CLARK AVENUE EAST TO �', PERRY AVENUE, APPROXIMATELY 2600 FEET, IN THE CITY OF '� CAPE GIRARDEAU, MISSOURI �i �: " BILL NO. 98-222 AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE �' THAT PART OF MT. AUBURN ROAD FROM MISSOURI ROUTE K ' NORTH TO INDEPENDENCE STREET, APPROXIMATELY 2370 �� I, FEET, IN THE C[TY OF CAPE GIRARDEAU, MISSOURI '! BILL NO. 98-223 AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF SILVER SPRINCS ROAD FROM MISSOURI :; ROUTE K TO THE END OF EXISTING PAVEMENT SOUTH OF !,� � INDEPENDENCE STREET, APPROXIMATELY 2100 FEET, [N THE '� �' CITY OF CAPE GIRARDEAU, MISSOURI I ;f BILL NO. 98-226 AN ORDINANCE APPROPRIATING FUNDS FOR PUBLIC SAFETY, ; ;I IN THE CITY OF CAPE GIRARDEAU, MISSOURI " i� i� Proceedings of the City Council, City of Cape Girardeau, Mo. 124 Regular SGSStOt1 November 16 �g 98 ----- — ----- ---- ------- -------_..__-- _ ssea.o — — -- -- — --- ------- _--- --,i---- --- The second and third readings of BILL NOS. 98-187, 98-210, 98-211, 98-212, 98-213, 98-214, 98-217, 98-220, 98-221, 98-222, 98-223, and 98-226 were approved and the ordinances adopted upon Dr. Kasten's motion, Mr. Stoffregen's second and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Mayor Spradling abstained for financial reasons on BILL NO. 98-217. B[LL NO. 98-187 is ORDINANCE NO. ' 2439; BILL NO. 98-210 is ORDINANCE NO. 2440; BILL NO. 98-21 I is ORDINANCE NO. 2441; B[LL NO. 98-212 is ORDINANCE NO. 2442; BILL NO. 98-213 is ORD[NANCE NO. 2443; BILL NO. 98-214 is ORDINANCE NO, 2444; BILL NO. 98-217 is ORD[NANCE NO. 2445; BILL NO. 98-220 is ORDINANCE NO. 2446; BILL NO. 98-221 is ORDINANCE NO. 2447; BILL NO. 98-222 is ORDINANCE NO. 2448; BILL NO. 98-223 is ORDINANCE NO. ! 2449; BILL NO. 98-226 is ORDINANCE NO. 2450. BILL NO. 98-228 was given first reading as follows: AN ORD[NANCE AMENDING CHAPTER 2 OF THE CITY CODE, ESTABLISHING A VISION 2000/VISION 2020 COMMUNITY RELATIONS COUNCIL, AND ESTABLISHING ITS MEMBERSHIP, TERMS AND DUT[ES Following comments by Mr. Gateley, the first reading of BILL NO. 98-228 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. 98-231 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER l2 OF THE CITY CODE RELATING TO FLOODPLAIN MANAGEMENT REGULATIONS The first reading of BILL NO. 98-231 was approved upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-229 was presented as follows: A RESOLUTION AUTHORIZING THE CIT�' MANAGER TO EXECUTE A LEASE WITH CYBERTEL RSA CELLULAR, L.P., TO ERECT A COMMUNICATIONS TOWER STRUCTURE Mr. Eggimann made a motion, seconded by Dr. Kasten, to table consideration of BILL NO. 98- 229 to the December 7 City Council meeting. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. ' BIC,L NO. 98-230 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS FOR EMPLOYEE HEALTH INSURANCE WITH MISSOURI ' CONSOLIDATED HEALTH CARE The reading of BILL NO. 98-230 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. 98-230 is RESOLUTION NO. 1415. Proceedings of the City Council, City of Cape Girardeau, Mo. 12s Regular SeSSion November 16 �9 98 _._____ ---- ------ _______ __ __ _ ___ -- -�._ __ ._ _ ___.. .. _-- --.. . __.____._ .._ _____..__ _...__.A_ .—.,_�_ ---- ---,__ ___---.�.a--- -- .__ _____.._ __ .._.._. . _ ___ __-- -_- ---_ _.__---._ . ___.._ ---- _-- ------------- - I ( Mr. Jay Purcell was appointed to the Public Awareness Advisory Board for a term expiring � ,; November 20, 2001, upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: �� +I Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. �I �� Mr. Michael Miller was appointed to the Show Me Center Board of Managers for a term expiring '( D e c e m b e r I, 2 0 0 1, u p o n M r. E g g i m a n n's m o t i o n, D r. K a s t e n's s e c o n d, a n d t h e f o l l o w i n g v o t e: ,i � Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. � I �i ;i The improvements to Kingsway Drive, New Madrid Street, and streets in the Locust-Maple '� 9 i Neighborhood Block Grant area under the Street Overlay Program were accepted, and final ',� �� payment to Apex Paving Company was authorized, upon Mr. Neumeyer's motion, Mr. Purcell's ,� 'I second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. i� li ;� Mr. Eggimann made a motion, seconded by Mr. Purcell, to file the petition for annexataon from ,, Robert A. Drury, Drury Southwest Signs, and to allow the owner to connect to the trunk sewer �� ; ;i line crossing the property. The motion was approved upon the following vote: Ayes, Eggimann, ' Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. 'i i' ;� �! Regarding the Southeast Missouri State University River Campus Project, Mayor Spradling stated ,, �� that the City had received letters from the Cape Girardeau Community Pride Coalition, the Cape �t i� Girardeau Redevelopment Corporation, the Downtown Neighborhood Association, and the i; Chamber of Commerce requesting that a public forum be held to review alternatives to proceed ;�: with this project and to receive public input. Following discussion, Dr. Kasten made a motion, ',; F� seconded by Mr. Neumeyer, to set a public forum for the River Campus Project on Monday, !� ;; November 30, at 6:00 p.m. at the Osage Community Centre. The motion was approved upon the ;� ;; following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. ',� �' Nays, none. ;I i; �� j There be►ng no further business, the Council adjourned upon Mr. Gateley's motion, Mr. I,I '� Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, �i '! Purcell, Spradling, Stoffregen. Nays, none. ii ii i' ij i� ,� �i i . j� �;; A. . Spradling III, Mayor „ rt � ;' , , ;' '.1 L Gay e L Conrad, Deputy City Clerk E; il i': �: `i �I �I �` i'. �f � ii i� �I �:, i!