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HomeMy WebLinkAboutCouncil.Minutes.03-06-2000 387 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI March 6. 2000 531809 REGULAR SESSION—MARCH 6, 2000 Council convened in regular session on Monday, March 6, 2000, at 7:30 p.m. with Mayor Albert M. Spradling I(I presiding and Council Members Melvin Gateley, Tom Neumeyer, Jay Purcell and Frank Stoffregen present. Richard Eggimann and Melvin Kasten were absent. The invocation was presented by Rev. Wes Wright, Mt. Auburn Christian Church, and the Pledge of Allegiance was recited. Prior to regular session, the City Council convened in closed session for purposes of discussing litigation upon Mr. Purcell's motion, Mr. Gateley's second, and the following vote: Gateley, Purcell, Spradling, Stoffregen. Nays, none. [Mr. Neumeyer was absent for the closed session]. The minutes of the February 22, 2000, regular session were approved upon Mr. Gateley's motion, Mr. Neumeyer's second; and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The agenda was adopted as distributed upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Mayor Spradling congratulated the Southeast Missouri State University Men's Basketball Team on their OVC Championship and wished them luck in the upcoming NCAA Tournament. This being the date set for a public hearing regarding the request of The Lutheran Home for the Aged to rezone 2855, 2861 and 2911 Bloomfield Road from R-1, single family residential district, to R-4, multiple family residential district, the hearing was opened. Mr. Pat McCann appeared on behalf of The l.utheran Home in support of the request and to answer any questions. He stated that all three properties to be rezoned presently have special use permits. There being no further appearances, the hearing was closed. BILL NO. 2000-49 was given first reading as follows: AN ORDINANCE AMENDWG CHAPTER 30 OF THE CODE OF ORD[NANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONINC OF 2855, 2861 AND 2911 BLOOMFIELD ROAD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-I TO R-4 The first reading of BILL NO. 2000-49 was approved upon Mr. Gateley's motion, Mr. Stoffregen's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. This being the date set for a public hearing regarding the request of Pletcher Trust and Rick and Robin Tolbert to rezone 2404 Kingsway Drive from R-I, single family residential district, to G2, general commercial district, the hearing was opened. There being no appearances, the hearing was closed. . This being the date set for a public hearing regarding the request of Daniel E. and Brenda Kay Dumey, David Lee and Karen Ann Heisel, and Narvol A. Randol, Jr. to rezone the south side of Brenda Kay Court from M-1, light industrial district, to MH-1, mobile home park district, the hearing was opened. There being no appearances, the hearing was closed. 388 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOrI March (�, 2(N10 S31809 � This being the date set for a public hearing regarding the request of Elroy and Mary Kinder to rezone 3227 Bloomfield Road from R-1, single family residential district, to C-I, local commercial district, the hearing was opened. There being no appearances, the hearing was 4 closed. This being the date set for a public hearing regarding the request of Geneva Nadine Heuer Trust and Vernon E. Rhodes Family Partners, L.P., to rezone 2301 Bloomfield Road from R-I, single family residential district, to C-2, general commercial district, and for a special use permit for mini-warehouse storage buildings, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (I) Section 30- 39 entitled "Special Use Regulations" from the City Code; (2) the Application for Special Use Permit; and (3) the Application File. Mr. Scott Rhodes appeared in support of the request. He stated there would be approximately 320 storage units with an on-site manager. There being no further appearances, the hearing was closed. BILL NO. 2000-53 was given first reading as follows: ORD[NANCE AMENDING CHAPTER 30 OF THE CODE OF ORD[NANCES OF THE CITY OF CAPE G[RARDEAU, MISSOURI, BY CHANGING THE ZONING OF 2301 BLOOMFIELD ROAD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R- 2 TO G2 i The first reading of BILL NO. 2000-53 was approved upon Mr. Stoffregen's motion, Mr. � Gateley's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-54 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GENEVA NAD(NE HEUER AND VERNON E. RHODES FAMILY PARTNERS, L.P., FOR PURPOSES OF CONSTRUCTING, MAfNTA[NING AND OPERATING MINI-WAREHOUSE STORAGE BUILDINGS AT 2301 BLOOMFIELD ROAD, IN THE CITY AND COUNTY OF CAPE ! GIRARDEAU, MISSOURI � The first reading of BILL NO. 2000-54 was approved upon Mr. Stoffregen's motion, Mr. ,� Gateley's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, i� Stoffregen. Nays, none. � This being the date set for a public hearing regarding the request of Lester Sample for a special � ' use permit for a scrap iron recycling business at 503 Maple Street in an M-2, heavy industrial district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented ' for the record a certified copy of the following items: (I) Section 30-39 entitled "Special Use � Regulations" from the City Code; (2) the Application for Special Use Permit; and (3) the � Application File. Mr. Lester Sample appeared and explained the type of scrap metal operation � that will be in place at this location, including a rock crusher and compactor. Upon questioning by the City Council, he gave the following information. If the permit is approved, the operation on Spanish Street will be moved to Maple Street, and the cars on Spanish Street will be removed. There will be a muffler shop at the location on Aquamsi Street operated by his son. The location i on Maple Street is one block from Sides Recycling and across the street from the city park. He is � presently negotiating to either rent or sell the building on Spanish, and it will not be rented to an �. auto repair shop. Since cars are scrap metal, there will be some at the Maple Street location. � 389 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOII March 6, 2000 S31B09 Mr. Don Howard appeared in opposition to the request and stated that there are enough junk cars on the south side of the city and does not want another one. He requested the Council to deny the request. He stated there is a risk that the junk will be outside of the fence and the fence will not be maintained correctly. He thanked the City Council for cleaning up Fort D. Mr. Neumeyer questioned how this special use permit would benefit the Maple Street site. Mr. Sample responded this is an industrial area and he will be fixing up the building and putting up a new fence. If the permit is not approved, he will have to resume the operation on Spanish, and the cars will remain there. People do not like salvage yards and landfills, but we need to recycle our goods. Upon questioning by Mr. Gateley, Mr. Sample stated that the trailer on Maple Street is used for storage now but will be removed. This is where the compactor will be located. The Council questioned if there is a specific definition of a salvage yard, and what uses are allowed in an M-2 zone. City Attorney Eric Cunningham stated there is no specific definition, and he read from the city code the requirements for an M-2 zone. He stated that this type of business would need a special use permit wherever it was located. There being no further appearances the hearing was closed. BILL NO. 2000-55 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LESTER SAMPLE, FOR PURPOSES OF MAINTAINING AND OPERATING A SCRAP IRON RECYCLING BUSINESS AT 503 MAPLE STREET, IN THE CITY AI�iD COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Purcell made a motion, seconded by Mr. Gateley, to approve the first reading of BILL IVO. 2000-55. Mr, Gateley stated that there are uncertainties about this request, but these could be clarified by the next Council meeting. This permit will help to clean up the Spanish Street area. Mr. Purcell stated that the Planning and Zoning Commission overwhelmingly approved this application. There will be a fence built around it, and this will eliminate one junk yard on Spanish Street. Mr. Neumeyer expressed concerns regarding this request. The areas on Spanish and Maple Streets are being operated illegally Mr. Neumeyer said, and the cars could be removed if the codes were enforced. He stated that this permit will not benefit the neighborhood. In 1993 Mr. Sample requested a special use permit for the operation on Maple Street. It was denied but the activity continues. Following further discussion, the motion was approved upon the following vote: Ayes, Gateley, Purcell, Spradling, Stoffregen. Nays, Neumeyer. This being the date set for a public hearing regarding the request of Henry Maze and James Reichert for a special use permit for a residential use at 769 Progress Street in an M-1, light industrial district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (1) Section 30-39 entitled "Special Use Regulations" from the City Code; (2) the Application for Special Use Permit; and (3) the Application File. There being no appearances, the hearing was closed. This being the date set for a public hearing to consider vacating the city's interest in a IS' wide sewer, utility and drainage easement located on the north side of the existing USPS Area Mail Processing Center, along the north line of lot 14 in Cape West Third Subdivision and the south line of lot 1 in Cape West Eighth Subdivision, the hearing was opened. There being no appearances, the hearing was closed. 390 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOn March 6, 2000 S31809 This being the date set for a public hearing to consider vacating the city's interest in a 10' wide sewer easement located 200' north of the north line of Industrial Drive, running in a northerly direction 592.1 feet to the south line of Highway 74 in Greater Cape Girardeau Commercial Center, the hearing was opened. There being no appearances, the hearing was closed. i Mr. Don Howard appeared before the Council in opposition to the special use permit for Lester Sample on Maple Street. This operation is a salvage yard, and the city is not enforcing the laws regarding salvage yards. In addition, he stated that on the Minimum Property Maintenance Code the 200' requirement needs to be eliminated to allow anyone to file a complaint on any property. Mr. Purcell questioned if the 200' requirement is removed, would he drive around the city and file complaints on properties. Mr. Howard indicated he would. Mayor Spradling stated that BILL NO. 2000-34 was removed from the agenda and will be placed on the March 20 City Council agenda for second and third readings. BILL NO. 2000-34 reads as follows: AN ORDINANCE AMENDING CHAPTER Il OF THE CITY CODE RELATING TO FIREWORKS BILL NO. 2000-42 was given second and third readings as follows: AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF RODNEY STREET FROM THE NATIONAL GUARD ARMORY TO HAWTHORNE ROAD, FOR A DISTANCE OF APPROXIMATELY 1,600 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Gateley made a motion, seconded by Mr. Purcell, to approve the second and third readings of BILL NO. 2000-42 and to adopt the ordinance. Mr. 1Veumeyer made a motion, seconded by Mr. Purcell, to amend the ordinance by changing the public hearing date to March 20, 2000. The amending motion was approved upon the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-42 is ORDINANCE NO. 2671. BILL NO. 2000-43 was given second and third readings as follows: AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF WILLIAM STREET FROM SPRIGG STREET EASTERLY TO MAIN STREET, FOR A DISTANCE OF APPROXIMATELY 2,420 FEET, [N THE CITY OF CAPE GIRARDEAU, MISSOURI � Mr. Gateley made a motion, seconded by Mr. Neumeyer, to approve the second and third readings of BILL NO. 2000-43 and to adopt the ordinance. Mr. Neumeyer made a motion, I seconded by Mr. Purcell, to amend the ordinance by changing the public hearing date to March i 20, 2000. The amending motion was approved upon the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-43 is ORDINANCE NO. 2672. I I � 391 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI March 6, 2000 S31809 BILL NO. 2000-44 was given second and third readings as follows: AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF INDEPENDENCE STREET FROM PACIFIC STREET TO SPRICG STREET, FOR A DISTANCE OF APPROXIMATELY 940 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Purcell made a motion, seconded by Mr. Gateley, to approve the second and third readings of BILL NO. 2000-44 and to adopt the ordinance. Mr. Neumeyer made a motion, seconded by Mr. Purcell, to amend the ordinance by changing the public hearing date to March 20, 2000. The amending motion was approved upon the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Cateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-44 is ORDINANCE NO. 2673. BILL NO. 2000-45 was given second and third readings as follows: AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF LORIMiER STREET FROM MORGAN OAK STREET TO NEW ROUTE 74, FOR A DISTANCE OF APPROXIMATELY 930 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOU RI Mr. Purcell made a motion, seconded by Mr. Gateley, to approve the second and third readings of BILL NO. 2000-45 and to adopt the ordinance. Mr. Neumeyer made a motion, seconded by Mr. Gateley, to amend the ordinance by changing the public hearing date to March 20, 2000. The amending motion was approved upon the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-45 is ORDINANCE NO. 2674. Mr. Gateley questioned if this improvement encompassed the River Campus property. City Manager Michael Miller responded that the plans have not yet been completed. The following bills were given second and third readings: BILL NO. 2000-35 AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, ESTABLISHING A HANDICAPPED PARKING SPACE ON SOUTH MIDDLE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2000-36 AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN A GENERAL WARRANTY DEED CONVEYING LAND TO JIM AND KAREN HENDRICKSON AS PART OF THE HOPPER ROAD PHASE I PROJECT BILL NO. 2000-37 AN ORD[NANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED CAPE GIRARDEAU CABLE COMMUNICATIONS FRANCHISE AGREEMENT WITH CHARTER COMMUNICATIONS HOLDING COMPANY, LLC BILL NO. 2000-39 AN ORDWANCE APPROVING THE RECORD PLAT OF LANDSPEC SUBDIVISION REVISED 392 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI March 6, 2(1()0 S31809 BILL NO. 2000-40 AN ORDWANCE AMEND[NG SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, ESTABLISHING SPEED LIMITS ON CAPE I ROCK DRIVE, IN THE C[TY OF CAPE GIRARDEAU, MISSOURI ; BILL NO. 2000-46 AN ORDINANCE AMEIVDING THE BOUNDARIES OF WARDS 4 AND 6 TO INCLUDE PROPERTIES ANNEXED BY THE CITY BILL NO. 2000-47 AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE, REGARDING PARKING ON PUBLIC LANDS The second and third readings of BILL NOs. 2000-35, 2000-36, 2000-37, 2000-39, 2000-40, 2000-46, and 2000-47 were approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell, Spradling. Nays, none. B(LL NO. 2000-35 is ORDINANCE NO. 2675; BILL NO. 2000-36 is ORDINANCE NO. 2676; BILL NO. 2000-37 is ORDINANCE NO. 2677; BILL NO. 2000-39 is ORDINANCE NO. 2678; B[LL NO. 2000-40 is ORDINANCE NO. 2679; BILL NO. 2000-46 is ORDWANCE NO. 2680; BILL NO. 2000-47 is ORDINANCE NO. 2681. BILL NO. 2000-48 was given first reading as follows: AN ORD[NANCE ACCEPT(NG DEEDS AND EASEMENTS FROM PROPERTY OWNERS FOR THE BLOOMFIELD ROAD IMPROVEMENT PROJECT PHASE TWO BETWEEN SIEMERS DRIVE AND SOUTH KINGSHIGHWAY The first reading of BILL NO. 2000-48 was approved upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-50 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 2404 KINGSWAY DRIVE, CITY AND COUNTY OF CAPE G[RARDEAU, M[SSOURI FROM R-1 TO G2 The first reading of BILL NO. 2000-50 was approved upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Stoffregen. Nays, none. Spradling abstained for financial reasons. BILL NO. 2000-51 was given first reading as follows: AN ORDINANCE AMENDWG CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE SOUTH SIDE OF BRENDA KAY COURT, FRONTING ON WEST END BOULEVARD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM M-I TO MH-I The first reading of BILL NO. 2000-51 was approved upon Mr. Purcell's motion, Mr. Neumeyer's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. �� �� BILL NO. 2000-52 was given first reading as follows: ! Proceedings of the City Council, City of Cape Girardeau, Mo. 393 Re.�ular S@SSIOCI Marrh (�_ �.(1(1(1 S31B09 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 3227 BLOOMFIELD ROAD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R- I TO C-1 The first reading of BILL NO. 2000-52 was approved upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-56 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO HENRY MAZE AND JAMES REICHERT, FOR PURPOSES OF MAINTAINING AND OPERATING A RESIDENTIAL USE AT 769 PROGRESS STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, M[SSOURI The first reading of BILL NO. 2000-56 was approved upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-57 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE RELATING TO WDECENT EXPOSURE AND CONDUCT The first reading of BILL NO. 2000-57 was approved upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-59 was given first reading as follows: AN ORDINANCE AUTHORIZING EXECUTION OF AN A[RPORT ASSISTANCE AGREEMENT BETWEEN THE STATE HIGHWAY AND TRANSPORTATION COMMISSION OF MISSOURI AND THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BtLL NO. 2000-59 was approved upon Mr. Purcell's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-61 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A SEWER, UTILITY AND DRAINAGE EASEMENT, [N CAPE WEST THIRD SUBDIVISION AND CAPE WEST EIGHTH SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-61 was approved upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. 394 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI March 6, 2000 S31809 BILL NO. 2000-63 was given first reading as follows: AN ORDINANCE ACCEPTING A SEWER EASEMENT FROM RONALD J. GOSCHE AND LINDA GOSCHE, FOR SEWER DISTRICT 14-I-F-10, HANOVER ESTATES SUBDIVISION � The first reading of BILL NO. 2000-63 was approved upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-64 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY PLACING A STOP SIGN ON RICHMOND DRIVE AT SIEMERS DRNE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-64 was approved upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-66 was given first reading as follows: AN ORD[NANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO [MPROVE, PROVIDING FOR THE IMPROVEMENT, D[RECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVID[NG FOR THE MANNER OF PAYMENT OF THE WORK, OF SOUTHERN EXPRESSWAY FROM SOUTH KINGSHIGHWAY TO S[LVER SPRWGS ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-66 was approved upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-67 was given first reading as follows: AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, PERMANENT DRAINAGE EASEMENTS, PERMANENT SLOPE EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE HOPPER ROAD PHASE II tMPROVEMENT PROJECT, INCLUDING A PART OF VANTAGE DRIVE The first reading of BILL NO. 2000-67 was approved upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-68 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY OF CAPE GIRARDEAU, MISSOURI TO LEASE CERTAIN REAL ESTATE OWNED BY THE CITY AND THE IMPROVEMENTS LOCATED THEREON; AND AUTHORIZING AND APPROVING A LEASE PURCHASE AGREEMENT AND OTHER ACTIONS IN CONNECTION WITH THE FINANCING OF ( THE ACQUiSITION OF SAID REAL ESTATE I 395 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOII March 6, 2000 531809 The first reading of BILL NO. 2000-68 was approved upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Mayor Spradling stated that B[LL NO. 2000-69 was removed from the agenda. City staff has discussed a proposal to eliminate the complaint process, which will simplify the distance problems. He directed city staff to prepare a new ordinance for the March 20 agenda. B[LL NO. 2000-69 reads as follows: AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY CODE RELATING TO APPLICATION OF CODES AND REGULATIONS BILL NO. 2000-58 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSE AGREEMENT WITH THE U. S. DEPARTMENT OF THE ARMY FOR THE DETENTION RESERVOIR PHASE OF THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The reading of BILL NO. 2000-58 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-58 is RESOLUTION NO. 1548. x BILL NO. 2000-60 was presented as follows: . A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH KYLE McDONALD AND AMY McDONALD, FOR THE HOPPER ROAD PHASE I1B IMPROVEMENT PROJECT The reading of BILL IVO. 2000-60 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-60 is RESOLUTION NO. 1549. BILL NO. 2000-65 was presented as follows: A RESOLUTION ADOPTING THE F[SCAL 2000- 2005 CAPITAL [MPROVEMENTS PROGRAM The reading of BILL NO. 2000-65 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-65 is RESOLUTION NO. I550. An original package liquor and Sunday sales license for C & R Oil, LLC, d/b/a D-Mart #6, 263 Farrar Drive, Bradley L. Smith, Managing Officer, was approved upon Purcell's motion, Mr. 1�leumeyer's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. A Retail liquor by the drink and Sunday sales license for pon Harris, Rockhouse Entertainment, LLC, d/b/a Show-Me's, 1751 Independence, Don Harris Managing Office, was conditionally approved upon Mr. Purcell's motion, Mr. Neumeyer's second, and the following vote: Ayes, Neumeyer, Purcell, Spradling, Stoffregen. Nays, Gateley. Mr. Gateley stated he did not feel this was a proper business in this area due to the proximity of the daycare. 396 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SG'SSIOCI March 6, 2000 531809 Mr. Gateley made a motion, seconded by Mr. Purcell, to abandon a l0' wide sanitary sewer easement located 200' north of the north line of Industrial Drive, running in a northerly direction 592.I feet to the south line of Highway 74, in Greater Cape Girardeau Commercial Center. The � motion was approved upon the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The streets, as shown on the plans approved for Cape West Business Park, and the storm sewers in the street right-of-way, were accepted into the city's system upon Mr. Purcell's motion, Mr. Neumeyer's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-70 was given first reading as follows: AN ORD[NANCE VACATING THE CITY'S INTEREST IN A SEWER AND UTILITY PURPOSES EASEMENT, IN NORTHF[ELD SUBDIVISION, IN THE CITY OF CAPE CIRARDEAU, MISSOURI The first reading of BILL NO. 2000-70 was approved upon Mr. Stoffregen's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Mr. Purcell made a motion, seconded by Mr. Neumeyer, to excuse the absences of Dr. Kasten from the City Council due to his illness. The motion was approved upon the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Regarding the proposed amendment to the Code of Ordinances on boards and commission, Mayor Spradling stated that the ordinance will be placed on the March 20 agenda for first reading. He stated that the ordinance will compel attendance by members of advisory boards or commissions. If three consecutive meetings are missed, the member will automatically be removed from the board. . There being no further business, the Council adjourned upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. i A. M. Spradling III, Mayor �_�� /^ r%._.;�11,�.;�/`r�� :� L'U l�cOL� Gayle L. nrad, City Clerk , � I