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HomeMy WebLinkAboutCouncil.Minutes.04-03-2000 413 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI AQril 3, 2000 531809 REGULAR SESSION— APRIL 3, 2000 Council convened in regular session on Monday, April 3, 2000, at 7:30 p.m. with Mayor Albert M. Spradling t(I 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. Prior to regular session, the City Council convened in closed session for purposes of discussing litigation upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The minutes of the March 20, 2000, regular and closed sessions, and the March 27, 2000, special session 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 Dr. Kasten's motion, Mr. Purcell'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 proposed amendments to Chapter 30 of the City Code relating to kennels, 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 Bobby D. and Lula M. McDonald to rezone 812 and 836 North Sprigg Street from R-4, multiple family residential district, to C-I, local commercial district, the hearing was opened. Ms. Penny Jenress appeared and stated she had recently purchased property near this area and supports the rezoning request. Mr. Bobby McDonald appeared and stated that he intends to build a new structure that will house businesses that cater to college students, such as a tanning salon, video store and probably a restaurant. It will be a frame medal building with brick front and a red or green metal roof. There being no further appearances, the hearing was closed. BILL NO. 2000-82 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGWG THE ZONING OF 812 AND 836 NORTH SPRIGG STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 TO C-I Mr. Gateley made a motion, seconded by Mr. Eggimann, to approve the first reading of BILL NO. 2000-82. Mr. Neumeyer stated he did not feel that this rezoning conformed with the ordinance and would result in spot zoning. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, Neumeyer. This being the date set for a public hearing regarding the request of Cape Girardeau School District No. 63 for a special use permit for an addition to Franklin School at 215 North Louisiana Avenue in an R-2, single family residential 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 414 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI A ril , 2000 S31809 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 regarding the request of Roberts Wireless Properties, � LLC for a special use permit for a 195-foot monopole antenna at 204 IVorth Kingshighway 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: (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. Dick Steele appeared on behalf of Roberts Wireless in support of the request. He explained the location of the building and antenna and stated that this is a Spring PCS franchise. Mr. Jim Nold, engineer for Roberts Wireless, explained the need for an antenna at this location. There being no further appearances, the hearing was closed. B(LL NO. 2000-84 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ROBERTS WIRELESS PROPERTIES, LLC, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A 195-FOOT MONOPOLE ANTENNA AT 204 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE G[RARDEAU, MISSOURI This being the date set for a public hearing regarding the request of Jerry and Judy Davis for a special use permit to improve and expand the current office at 528 Helena Avenue in an R-2, single family residential 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. Shannon Davis appeared on behalf of Jerry Davis in support of the request and to answer any questions. There being no further appearances, the hearing was closed. BILL NO. 2000-85 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JERRY DAVIS AND JUDY � DAVIS, FOR PURPOSES OF MAINTAINWG, OPERATING, [MPROVING AND EXPANDING A CURRENT OFFICE AT 528 HELENA AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-85 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. This being the date set for a public hearing regarding the request of Greater Dimension Ministries I for a special use permit for an early head start program at 1215 South Sprigg Street in an R-2, single family residential 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. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the request of Lynwood Baptist Church for a special use permit for an addition to the church and for use of two 24-foot by 60-foot mobile units for office space and classrooms at 2935 Lynwood Hills Drive in an R-I, single family residential district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented � 415 Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular S@SSIOtI April 3, 2000 S31809 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. Mr. Leroy Brown, Chairman of the Building Committee for Lynwood Baptist Church, appeared in support of the request and to answer any questions. There being no further appearances, the hearing was closed. BILL NO. 2000-87 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LYNWOOD BAPTIST CHURCH, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERAT[NG AN ADDITION TO THE CHURCH AND USE OF TWO MOBILE UNITS FOR OFFICE SPACE AND CLASSROOMS AT 2935 LYNWOOD HIL1.S DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-87 was approved upon Mr. Gateley's motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Pt►rcell, Spradling, Stoffregen. Nays, none. This being the date set for a public hearing regarding the request of the Humane Society of Southeast Missouri for a special use permit for temporary administrative facilities at 2536 Boutin Drive in an R-1, single family residential 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. There being no appearances, the hearing was closed. Ms. Wilma Webb, 1003 Jefferson, appeared regarding her water bill. She indicated she has made three payments this year, and she was told that her billing is still two months behind. Mayor Spradling requested she submit her name and address to the City Clerk, and city staff will contact her regarding her bill. Mr. Purcell, Mr. Eggimann, Mr. Neumeyer and Mayor Spradling expressed their gratitude to Mr. Gateley and Dr. Kasten for doing such a great job for the past eight years on the City Council. The following bills were given second and third readings: B(LL NO. 2000-71 AN ORDINANCE AMENDING CHAPTERS 2, 3, 4, 7, 8, I5, 18, AND 30, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING BOARDS AND COMMISSIONS; AND AMENDING AND RENUMBERING CERTAIN SECTIONS OF ORDINANCE NO. 94 RELATING TO THE SPECIAL BUSIIVESS DISTRICT ADVISORY COMMISSION BILL NO. 2000-72 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE CONSTRUCTION OF SILVER SPRINGS ROAD NORTH OF WILLIAM STREET TO ITS EXISTING TERMINATION POINT SOUTH OF INDEPENDENCE STREET BILL NO. 2000-74 AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY CODE RELATING TO APPLICATION AND ENFORCEMENT OF THE PROPERTY MAINTENANCE CODE 416 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S2SSIOCI A rn i13, 2000 531809 BILL NO. 2000-76 AN ORD[NANCE LEVYWG A SPECIAL ASSESSMENT FOR THE EXTENSION OF SIEMERS DR[VE FROM BLOOMFIELD ROAD SOUTH TO THE NEW MISSOURI ROUTE 74/I-55 [NTERCHANGE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND � AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS � THEREFOR The second and third readings of BILL NOs. 2000-71, 2000-72, 2000-71 and 2000-76 were approved and the ordinances 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. 2000-71 is ORDINANCE NO. 2701; BILL NO. 2000-72 is ORDINANCE NO. 2702; BILL NO. 2000-74 is ORDINANCE NO. 2703; BILL NO. 2000-76 is ORDINANCE NO. 2704. BILL NO. 2000-80 was given first reading as follows: AN ORDINANCE AMENDINC CHAPTER 16 OF THE CITY CODE RELATING TO THE MOTORCYCLE SAFETY TRUST FUND Mr. Eggimann made a motion, seconded by Mr. Neumeyer to approve the first reading of BILL NO. 2000-80. Mr. Stoffregen expressed his opposition to the city charging additional court costs for violations involving motorcycles. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling,. Nays, Stoffregen. B[LL NO. 2000-81 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO KENNELS The first reading of BILL NO. 2000-81 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. 2000-83 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU SCHOOL DISTRICT NO. 63, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN ADDITION TO FRANKLIN SCHOOL AT 215 NORTH LOUISIANA AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI f ' I ' The first reading of BILL NO. 2000-83 was approved upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling (abstain), Stoffregen. Nays, none. BILL NO. 2000-86 was given first reading as follows: AN ORDINANCE GRANT[NG A SPECIAL USE PERMIT TO GREATER DIMENSION MIMSTR[ES, FOR PURPOSES OF MAINTAINING AND OPERATING AN EARLY HEAD START PROGRAM AT 121_S SOUTH SPRIGG STREET, [N THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI !� I 417 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI Apri13, 2000 S31809 The first reading of BILL NO. 2000-86 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. 2000-88 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE HUMANE SOCfETY OF SOUTHEAST MISSOURI, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING TEMPORARY ADMINISTRATIVE FACILITIES AT 2536 BOUTIN DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-88 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. 2000-89 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 1 IMPROVEMENT PROJECT The first reading of BILL NO. 2000-89 was approved upon Mr. Gateley's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. Spradling abstained for financial reasons. B[LL NO. 2000-91 was given first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FROM JAMES W. KESTER AND LINDA S. KESTER FOR THE TWIN LAKES WATER MAIN PROJECT The first reading of BILL NO. 2000-91 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. 2000-94 was given first reading as follows: AN ORDINANCE ACCEPTING SEWER LINE EASEMENTS AND WATER LINE EASEMENTS FROM DRURY SOUTHWEST, INC., JERRY M. DRURY, KATHLEAN E. DRURY, MICHAEL P. DRURY, MITCHELL J. DRURY, MICHELLE M. DRURY, LADONNA S. DRURY, CHRISTOPHER R. DRURY, PATRICK G. DRURY, AND BRYAN J. DRURY, FOR IMPROVEMENTS IN A PORTION OF SEWER DISTRICT 16-F, ALONG HOPPER ROAD AND LAMPE ROAD The first reading of BILL NO. 2000-94 was approved upon Dr. Kasten's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. 418 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI Anril �Y200n S31809 Mr. Gateley made a motion, seconded by Dr. Kasten, accepting into the city's system the sanitary sewer and water improvements for a portion of Sewer District 16-F along Hopper Road and Lampe Road. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-90 was presented as follows: A RESOLUTION AUTHORIZIIVG THE CITY MANAGER TO EXECUTE AMENDMENT NO. 6 TO THE PROFESSIONAL SERV(CES AGREEMENT W(TH SVERDRUP CIVIL, INC. FOR THE SANITARY SEWER IMPROVEMENT PROGRAM The reading of BILL NO. 2000-90 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. 2000-90 is RESOLUTION NO. 1556. BILL NO. 2000-92 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MONROE PLUMB(NG & HEATTNG CO., INC., FOR BROADWAY IMPROVEMENTS, CLARK AVENUE TO PERRY AVENUE Mr. Purcell made a motion, seconded by Mr. Gateley, to approve the reading of BILL NO. 2000- 92 and adopt the resolution authorizing a contract with Monroe Plumbing and Heating Co., Inc. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 2000-92 is RESOLUTION NO. 1557. BILL NO. 2000-93 was presented as follows: A RESOLUTION ESTABLISH(NG THE MAXIMUM ANNUAL ASSESSMENT POLICY FOR TRANSPORTAT(ON TRUST FUND PROJECTS FOR THE CALENDAR YEAR 2000 The reading of BILL NO. 2000-93 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. B[LL NO. 2000-93 is RESOLUTION NO. 1558. Mayor Spradling called for discussion regarding liyuor license requirements. There was no � discussion. I Mayor Spradling expressed his gratitude to Dr. Kasten and Mr. Gateley for their eight years of service on the City Council.. He stated that these are the type of people that need to continue to � serve the city, but because of term limits, the City is losing two good men on the Council. He stated that he hoped that the citizens would reconsider term limits. They were each presented a plaque for their service on the City Council. There being no further business, the Council adjourned upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. 419 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOn April 3, 2000 S31809 � A. . Sprad ng III, Mayor � q Gayle L onrad, City Clerk