HomeMy WebLinkAboutCouncil.Minutes.01-03-2000 355
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SQSSIOtI January 3, 2000
531809
REGULAR SESSION—JANUARY 3, 2000
Council convened in regular session on Monday, January 3, 2000, 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. Melvin Gateley, 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 litigation upon Mr. Gateley's motion, Mr. Stoffregen's second,
and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling,
Stoffregen. Nays, none.
The minutes of December 20, 1999, regular and executive sessions were approved upon Dr.
Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none.
The agenda was adopted as distributed upon Mr. Gateley's motion, Dr. Kasten's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen.
Nays, none.
This being the date set for a public hearing regarding a petition for voluntary annexation from
RAD Investments for a 24-acre tract at the western end of Richmond Drive west of Kell Farm
Drive, the hearing was opened.
Ms. Clara Bierschwal appeared and stated her mother-in-law owns adjoining property to the
proposed RAD investment and opposes the rezoning of this property. She does not want the city
limits any closer to her property than they already are. She expressed concerns with establishing a
mobile home park in this area, as it would lead to children playing in the creek as well as add
children to the Jefferson School district.
Ms. Mary Kaiser appeared on behalf of her father, brother and sister and expressed her concern
and opposition to the proposed annexation of this area.
There being no further appearances, the hearing was closed.
This being the date set for a public hearing regarding the request of RAD Investments to rezone a
24-acre tract west of Cape West Business Park and north of Bloomfield Road from R-1, single
family residential district (zoning classification upon annexation), to MH-1, mobile home park
district, the hearing was opened.
Mr. Larry Westrich appeared and discussed the need for affordable housing of this type in Cape
Girardeau as well as the quality and minimum standards of mobile homes in this park. This area
consists of 24 acres which will include a total of 100 home sites with 40 percent being double-wide
homes. Upon yuestioning by Mr. Gateley, Mr. Westrich stated that once a certain percentage of
the mobile home park is developed, AmerenUE will place street lights. Mr. Dennis Vollink
reviewed specifics of the proposed mobile home park, including lot size, street width, sidewalks,
and tree burm. Mr. Roger Reisenbichler of D-Mart Mobile Homes explained the quality of the
proposed mobile homes to be located in this park. There being no further appearances, the
hearing was closed.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SS1011 January 3, 2000
S31809
BILL NO. 2000-1 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU; MISSOURI, BY CHANGING THE ZONING OF A 24-ACRE
TRACT WEST OF CAPE WEST BUSIIVESS PARK AND NORTH OF BLOOMF[ELD ROAD,
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO MH-1
The first reading of BILL NO. 2000-I was approved upon Mr. Stoffregen's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Purcell, Spradling, Stoffregen. Nays, none.
This being the date set for a public hearing to consider vacating the city's interest in a 15' wide
sewer, utility and drainage easement located on the north side of the existing USPS Area Mail
� Processing Center, between lots I and 2, Cape West 8�' Subdivision, the hearing was opened.
There being no appearances, the hearing was closed.
David Knight, Chairman of the Special Business District Advisory Commission, presented the
background of this commission and reviewed its primary functions. The average annual budget is
approximately $I5,000 to $20,000, and the primary budget recipient is the Downtown
Redevelopment Corporation. He also reviewed projects that have been completed in the
downtown area.
Mr. Don Sargent, 3120 Kage Hills Drive, appeared on behalf of 13 residents in opposition to the
ordinance to improve Kage Road from Mt. Auburn to Hopper. He suggested that the city wait
until the Hopper Road extension is complete, and then do another traffic study to see if the
improvement of Kage Road is still warranted.
City Planner Kent Bratton explained the scope of the project, including adding curb and gutter to
each side of the street to handle storm drainage and improve the curves and hills. Up to two feet
could be added to each side of the street.
The Mayor explained the proposed ordinance authorizes city staff to proceed with the design of the
project. Once this is complete, there will be a public meeting for all to review the design and give
input.
Mr. Charlie Younce, 3123 Kage Road, questioned whether there would be storm drains through
his yard down to the creek. He indicated there is already a natural drainage through his yard, and
if he is going to have to pay for storm drains, he is opposed to the project.
Mr. Ernie Duncan, 2920 Kage Road, appeared I opposition to the improvement of Kage Road
because the road is presently in very good shape and would not benefit anyone when the Hopper
Road extension is complete. Mayor Spradling responded that this project was requested and
approved by the voters under the Transportation Trust Fund sales tax.
Mr. Jack Mathena, 2806 Perryville Road, appeared regarding the Perryville Road street project
and the condition his front yard was left in after the project was completed. He stated there are
large rocks and holes in his yard left by the contractor. The lot was never completed, and the
contractor should have to pay to have his lot reseeded.
BILL NO. 99-302 was given second and third readings as follows:
i
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOII January 3, 2000
S31809
i AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF KAGE
ROAD FROM MT. AUBURN ROAD TO HOPPER ROAD, FOR A DISTANCE OF
APPROXIMATELY 4,800 LINEAR FEET, IN THE CITY OF CAPE G[RARDEAU,
MISSOURI
Mr. Purcell made a motion, seconded by Dr. Kasten, to approve the second and third readings of
B[LL NO. 99-302 and adopt the ordinance. Upon questioning by Mr. Stoffregen, City Engineer
Mark Lester stated that this project is number 16 on the Transportation Trust Fund list of projects.
Following discussion, Mr. Stoffregen made a motion, seconded by Mr. Eggimann, to table the
approval of BILL NO. 99-302 to a later date to see how other projects on the Transportation Trust
Fund list come out and to see if other projects are more pressing. The motion to table was
approved upon the following vote: Ayes, Eggimann, Kasten, Neumeyer, Purcell, Stoffregen.
Nays, Gateley, Spradling.
The following bills were given second and third readings:
BILL NO. 99-293 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED, A
CORRECTED GENERAL WARRANTY DEED AND TEMPORARY
CONSTRUCTION EASEMENT FROM RUTH ANN NORMAN AND
EARL H. NORMAN FOR THE MT. AUBURN ROAD EXTENSION
BETWEEN BLOOMF(ELD ROAD AND STATE ROUTE 74
BILL NO. 99-294 AN ORDWANCE APPROVING THE RECORD PLAT OF DOUBLE S
SUBDIVISION
BILL NO. 99-295 AN ORDINANCE APPROVING THE RECORD PLAT OF LA MESA
SECOND SUBDNISION
BILL NO. 99-297 AN ORDINANCE ACCEPTWG A WATERL[NE EASEMENT FROM
ROBERT A. DRURY AND ANNA R. DRURY, FOR STORMWATER
AND WATER IMPROVEMENTS FOR SEWER DISTRICT 16-F,
KELLER SUBDIVISION
BILL NO. 99-298 AN ORDINANCE ACCEPT(NG PERMANENT EASEMENTS FROM
GLYN FERRELL, STEVE DIRNBERGER, PAUL DIRNBERGER,
CHARLES L. McBRIDE AND DORIS E. McBRIDE, FOR SEWER
WORK TO SERVE CAPE TRACTOR TRAILER SUPPLY COMPANY
AND MOBILE HOME WORLD
BILL NO. 99-299 AN ORDINANCE ACCEPTING A SEWER EASEMENT FROM
VERNON E. RHODES FAMILY PARTNERS, L.P. FOR
MAINTAINING SEWERS IN THE VERNON RHODES
SUBDIVISION
BILL NO. 99-300 AN ORDINANCE APPROVING THE RECORD PLAT OF KELLER
SUBDIVISION
BILL NO. 99-301 AN ORDINANCE ACCEPTINC SEWER EASEMENTS FROM
JEWEL MAE HABECK AND FIRST ASSEMBLY OF GOD CHURCH,
FOR A SANITARY SEWER EXTENSION ALONG HOPPER ROAD
FROM OAK RIDGE COURT TO DEARMORE COURT
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOn Januar�3, 2000
S37809
BILL NO. 99-303 AN ORDINANCE DECLAR[NG IT NECESSARY TO IMPROVE
THAT PART OF NEW MADRID STREET FROM PERRY AVENUE
TO HENDERSON AVENUE, FOR A DISTANCE OF
APPROXIMATELY 3,000 LINEAR FEET, [N THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 99-304 AN ORDINANCE DECLAR(NG IT NECESSARY TO IMPROVE
THAT PART OF MT. AUBURN ROAD FROM M[SSOURI ROUTE 74
TO BLOOMFIELD ROAD, FOR A DISTANCE OF
APPROXIMATELY 1,380 LINEAR FEET, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 99-305 AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE
THAT PART OF MT. AUBURN ROAD FROM MISSOURI ROUTE 74
TO SILVER SPRINGS ROAD, FOR A DISTANCE OF
APPROXIMATELY 3,600 LINEAR FEET, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 99-306 AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY CODE
RELATING TO SUBDNISION REGULATIONS
The second and third readings of BILL NOs. 99-293, 99-294, 99-295, 99-297, 99-298, 99-299,
99-300, 99-301, 99-303, 99-304; 99-305, and 99-306 were approved and the ordinances adopted
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. 99-293 is
ORDINANCE NO. 2637; BILL NO. 99-294 is ORDINANCE NO. 2638; BILL NO. 99-295 is
ORDWANCE NO. 2639; BILL NO. 99-297 is ORDINANCE NO. 2640; BILL NO. 99-298 is
ORDINANCE NO. 2641; BILL NO. 99-299 is ORDINANCE NO. 2642; BILL NO. 99-300 is
ORDINANCE NO. 2643; BILL NO. 99-301 is ORDINANCE NO. 2644; BILL NO. 99-303 is
ORDINANCE NO. 2645; BILL NO. 99-304 is ORD[NANCE NO. 2646; BILL NO. 99-305 is
ORDINANCE NO. 2647; BILL NO. 99-306 is ORDINANCE NO. 2648.
BILL NO. 2000-2 was given first reading as follows: �
�
AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI,
UPON THE REQUEST OF ERVIN FRAIVK, JR. AND LUCILLE FRANK
The first reading of BILL NO. 2000-2 was approved upon Mr. Neumeyer's motion, Mr. Purcell's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell,
Spradling, Stoffregen. Nays, none.
BILL NO. 2000-3 was given first reading as follows:
AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI,
UPON THE REQUEST OF MICHAEL P. DRURY, MITCHELL J. DRURY, MICHELLE M.
DRURY, LaDONNA S. DRURY, CHRISTOPHER R. DRURY, PATRICK G. DRURY, AND
BRYAN J. DRURY; JERRY M. DRURY AND KATHLEAN E. URURY; AND DRURY
SOUTHWEST, INC.
�
�
359
Proceedings of the City Council, City of Cape Girardeau, Mo.
Re�ular S@SSIOtI January 3, 2000
sa�eoe
The first reading of BILL NO. 2000-3 was approved 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. 2000-4 was given first reading as follows:
AN ORDWANCE ANNEXINC LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI,
UPON THE REQUEST OF MISSOURI STATE HIGHWAY AND TRANSPORTATION
COMMISSION; CHRISTIAN FAITH FELLOWSHIP; ROMAN CATHOLIC DIOCESE OF
SPRINGFIELD-CAPE GIRARDEAU, INC.; AND JAMES L. DRURY, TRUSTEE AND
WANDA L. DRURY, TRUSTEE
The first reading of BILL NO. 2000-4 was approved upon Mr. Gateley's motion, Mr. Stoffregen's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell,
Spradling, Stoffregen. Nays, no�e.
BILL NO. 2000-7 was given first reading as follows:
AN ORDINANCE VACATING THE CITY'S INTEREST IN A SEWER, UTILITY AND
DRAINAGE EASEMENT, IN CAPE WEST 8T" SUBDiVISION, [N THE CITY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BiLL NO. 2000-7 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. 2000-8 was given first reading as follows:
AN ORD�NANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE,
BY PLACING A STOP SIGN ON ARMSTRONG DRIVE AT SIEMERS DRIVE, IN THE
CITY OF CAPE GIRARDEAU, MISSOUR[
The first reading of B[LL NO. 2000-8 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.
B[LL NO. 2000-5 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGRICULTURAL LEASE WITH H & B FARMS, AT THE CAPE GIRARDEAU REGIONAL
AIRPORT
The reading of BILL NO. 2000-5 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. 2000-5 is RESOLUTION
NO. 1535.
360
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI Januar�, 2000
531809
BILL NO. 2000-6 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH FRONABARGER CONCRETERS, INC., FOR THE MOUNT AUBURN ROAD
EXTENSION PROJECT
The reading of BILL NO. 2000-6 was approved and the resolution adopted upon Mr. Stoffregen's
motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-6 is RESOLUTION
NO. 1536.
Mr. Robert Sumner was appointed to the Cable Television Advisory Board for a term expiring
February 20, 2001, upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none.
Mr. Neumeyer made a motion, seconded by Mr. Purcell, to change the dates of the following City
Council meetings in 2000:
Monday, September 18, change to Monday, September 25
Monday, October 2, change to Monday, October 9
Monday, October 16, change to Monday, October 23
The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Purcell, Spradling, Stoffregen. Nays, none.
Mr. Eggimann made a motion, seconded by Mr. Stoffregen, to table discussion regarding the Jack
Mathena property along the Perryville Road improvement project area until he can review the
property in person. The motion was approved upon the following vote: Ayes, Eggimann,
Cateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none.
Regarding the Kage Road improvement from Mt. Auburn to Hopper, Mr. Eggimann stated that
this issue should not be brought up again until there is progress on the Mt. Auburn Road extension
project. Mayor Spradling stated that the ordinance was tabled, and it will take a two-thirds vote of
the Council to remove it from the table.
There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr.
Neiimeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Purcell, Spradling, Stoffregen. Nays, none.
A. . Spradling [II, Mayor
(--f.�-�
� ayle . Conrad, City Clerk