HomeMy WebLinkAboutCouncil.Minutes.07-03-2000 23
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOn July 3, 2000
531809
REGULAR SESSION—JCTLY 3, 2000
Council convened in regular session on Monday, July 3, 2000, at 7:30 p.m. with Mayor Pro
Tempore Richard Eggimann presiding and Council Members, Matt Hopkins, Tom Neumeyer, Jay
Purcell, Frank Stoffregen and Hugh White present. Mayor Albert M. Spradling III was absent.
The invocation was presented by Hugh White, and the Pledge of Allegiance was recited.
Mr. Eggimann presented a plaque to Ken Eftink, Development Services Coordinator, for his
service with the city, and wished him well in his new position in Ashland, Missouri.
The minutes of the June 16, 2000, special session and June 19, 2000 regular and closed sessions
were approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes,
Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none.
The agenda was adopted as distributed upon Mr. Neumeyer's motion, Mr. Purcell's second, and
the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays,
none.
This being the date set for a public hearing regarding the necessity to improve various streets
known as the 2000-1 4 inch asphaltac pavement program of the Transportation Trust Fund, 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 P. David and Noretta Blattner
and J. Mark and Danette M. Ketcher to rezone 601 Hazel Street and 2734 Hawthorne Road from
R-1, single family residential district, to R-3, two-family residential district, the hearing was
opened. There being no appearances, the hearing was closed.
This being the date set for a public hearing regarding the reyuest of First Assembly of God for a
special use permit for church facilities, Cape Girardeau Public School Alternative School and
Missouri Pre-School Project at 1000 Ranney Avenue in an R-2, single family residential district,
the hearing was opened. Mr. Don Howard stated he was appearing on behalf of the entire
neighborhood in opposition to the request. He stated he wanted the church to take more
responsibility over their property, not allow teenagers on the property after dark, and not allow
loud music. Upon questioning by Mr. Purcell, Mr. Howard stated that at the next council meeting
he will present a signed petition from the neighborhood residents. He has not spoken directly to
the church regarding his concerns; however, he has spoken with Cpl. Rick Schmidt at the Police
Department. There being no further appearances, the hearing was closed.
Ms. Beverly Delph appeared in support of the request of the JAYS Amateur Athletic Union
(AAU) boys basketball team to solicit donations on city streets. She explained that the team has
earned the right to attend a national competition, and they must earn $14,000. Upon questioning
. by Mr. Stoffregen, she stated that the individuals collecting donations will be 12 to 14 years old
with adult supervision. Mr. Eggimann stated that in the past the council has approved two
organizations to solicit donations on city streets; however, these organizations affect a large
number of people throughout the community and not just a select few. Following discussion, Mr.
Purcell made a motion, seconded by Mr. White, to waive the requirement for the JAYS Amateur
Athletic Union (AAU) boys basketball team to have a vendor's permit and to allow the solicitation
of donations at the intersections of William and Kingshighway and Broadway and Kingshighway,
on Saturday, July 8, 2000, from 7:00 a.m. to noon. Upon questioning by council members, City
Manager Michael Miller stated that previous requests have been denied because of the time and
24
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOII July 3, 2000
531809
location, and there presently is not a policy on this issue. Mr. White requested the staff review
this issue and recommend a policy to be used as a guideline. Mr. Purcell made an amending
motion, seconded by Mr. Stoffregen, to allow the solicitation of donations by adults only and no
children. The amending motion was approved upon the following vote: Ayes: Eggimann,
Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. The original motion was approved
as amended upon the following roll call vote: Eggimann, nay; Hopkins, aye, Neumeyer, aye;
Purcell, aye; Stoffregen, aye; White, aye.
Mr. Don Howard appeared and expressed concerns with high weeds on Sturdivant Street that he
reported in April of this year. He stated that the city health officers have given him excuses for
not getting properties cleaned up and mowed. Mr. Miller asked Mr. Howard to report the specific
addresses to the City Manager's office, and these will be looked into.
The following bills were given second and third readings.
BILL NO. 2000-152 AN ORDINANCE ELECTING A CHANGE IN THE MISSOURI
LOCAL GOVERI�iMENT EMPLOYEES' RET[REMENT SYSTEM TO
ADOPT THE LT-8(65) PLAN
BILL NO. 2000-156 AN ORDWANCE APPROVING THE RECORD PLAT OF CABIN
FEVER SUBDIVISION
BILL NO. 2000-128 AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE
CONSTRUCTION OF A WATER MAIN SYSTEM TO SERVE TWIN
LAKES SUBDIViS10N, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL
TAX BILLS THEREFOR
BILL NO. 2000-155 AN ORDINANCE ACCEPTING A DRAINAGE EASEMENT FOR A
STORMWATER DETENTION BASIN FROM GAIL J. OCHS FOR
WYANDOTTE ACRES SUBDIVISION
BILL NO. 2000-158 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247
OF THE CITY CODE, ESTABLISHING NO PARKING ON HOPPER
ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 2000-159 AN ORDINANCE APPROVING THE RECORD PLAT OF
STOFFREGEN SUBDIVISION
The second and third readings of BILL NOs. 2000-152, 2000-156, 2000-128, 2000-I55, 2000-
158, and 2000-159 were approved and the ordinances adopted upon Mr. White's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Stoffregen, White. Nays, none. BILL NO. 2000-152 is ORDINANCE NO. 2755; BILL NO.
2000-156 is ORDINANCE NO. 2756; BILL NO. 2000-128 is ORDINANCE NO. 2738; BILL
NO. 2000-155 is ORDINANCE NO. 2757; BILL NO. 2000-158 is ORDINANCE NO. 2758;
BILL NO. 2000-159 is ORDINANCE NO. 2759. Stoffregen abstained for financial reasons on !
BILL NO. 2000-159. I
IBILL NO. 2000-134 was given first reading as follows:
I
�
Proceedings of the City Council, City of Cape Girardeau, Mo. 25
Regular S@SSIOCI July 3, 2000
S31B09
AN ORD[NANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI,
UPON THE REQUEST OF DEER CREEK CHRISTIAN ACADEMY, INC.
The first reading of BILL NO. 2000-134 was approved upon Mr. Purcell's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Stoffregen, White. Nays, none.
BILL NO. 2000-135 was given first reading as follows:
AN ORDWANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 2039 STATE
ROUTE W, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO C-1
The first reading of BILL NO. 2000-135 was approved upon Mr. Purcell's motion, Mr. Hopkins'
second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen,
White. Nays, none.
BILL NO. 2000-160 was given first reading as follows:
AN ORDINANCE ACCEPTING A WATER UTILITY AND ACCESS EASEMENT FROM
GREATER CAPE GIRARDEAU AREA BENEVOLENT ASSOCIATION ON RAMBLER
ROAD RIGHT-OF-WAY IN THE NASH ROAD INDUSTRIAL PARK
The first reading of BILL NO. 2000-160 was approved upon Mr. White's motion, Mr. Purcell's
second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen,
White. Nays, none.
BILL NO. 2000-162 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF HAZELWOOD SUBDIVISION
The first reading of BILL NO. 2000-162 was approved upon Mr. White's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Stoffregen, White. Nays, none.
BILL NO. 2000-163 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE,
ESTABLtSHING SPEED LIMITS ON ROUTE AB (NASH ROAD), IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BILL NO. 2000-163 was approved upon Mr. Neumeyer's motion, Mr.
Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Stoffregen, White. Nays, none.
BILL NO. 2000-164 was given first reading as follows:
26
Proceedings of the City Council, City of Cape Girardeau, Mo.
Reg�ilar Session J��, 2onn
531809
AN ORDINANCE APPROVING AIV INGRESS-EGRESS EASEMENT FOR WILLIAM R.
SWAN AND KATHRYN F. SWAN AS AN APPROVED PLACE FOR RESIDENTIAL
DEVELOPMENT PURPOSES, SAID EASEMENT BEING LOCATED IN ASHLAND HILLS
ESTATES SECOND SUBDIVISION, CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL NO. 2000-164 was approved upon Mr. Hopkins' motion, Mr. Purcell's
second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen,
White. Nays, none.
BILL NO. 2000-165 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 601 HAZEL
STREET AND 2734 HAWTHORNE ROAD, CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI FROM R-1 TO R-3
The first reading of BILL NO. 2000-165 was approved upon Mr. Neumeyer's motion, Mr.
Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Stoffregen, White. Nays, none.
BILL NO. 2000-166 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FIRST ASSEMBLY OF GOD,
FOR PURPOSES OF MAINTAINING AND OPERATING CHURCH FACiLITIES, CAPE
GIRARDEAU PUBLIC SCHOOL ALTERNATIVE SCHOOL, AND MISSOURI PRE-SCHOOL
PROJECT AT 1000 RANNEY AVENUE, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BILL NO. 2000-166 was approved upon Mr. Purcell's motion, Mr.
Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Stoffregen, White. Nays, none.
BILL NO. 2000-161 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING CONCERNING 49 UNITED STATES CODE
SECTION 5311 TRANSIT FUND[NG ALLOCATION WITH SOUTHEAST M[SSOURI
STATE UNIVERSITY
The reading of BILL NO. 2000-161 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Purcell, Stoffregen, White. Nays, none. BILL NO. 2000-161 is RESOLUTION NO. 1577.
BILL NO. 2000-167 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH N. B. WEST CONTRACTING CO., INC., FOR THE 2000-I SLURRY SEAL
PROGRAM
I
Proceedings of the City Council, City of Cape Girardeau, Mo. 2�
Regular S@SSIOII Jul_y 3, 2000
S31809
The reading of BILL NO. 2000-167 was approved and the resolution adopted upon Mr. White's
motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Purcell, Stoffregen, White. Nays, none. BILL NO. 2000-167 is RESOLUTION NO. 1578.
BILL NO. 2000-168 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH FRONABARGER CONCRETERS, INC. FOR THE HOPPER ROAD EXTENSION,
PHASE I
The reading of BILL NO. 2000-168 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mr. PurcelPs second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Purcell, Stoffregen, White. Nays, none. BILL NO. 2000-168 is RESOLUTION NO. 1579.
BILL NO. 2000-170 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND
INDEMNITY AGREEMENT WITH ALBERTSONS, INC., FOR CONSTRUCTION AND
MAINTENANCE OF CERTAIN IMPROVEMENTS ON CITY OWNED RIGHT-OF-WAY
FOR STREETS AND PUBLIC UTILITIES AND ON A PART OF THE CAPE LA CROIX
CREEK/WALKER BRANCH FLOOD CONTROL PROJECT RIGHT-OF-WAY
The reading of BILL NO. 2000-170 was approved and the resolution adopted upon Mr.
Stoffregen's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins,
Neumeyer, Purcell, Stoffregen, White. Nays, none. BILL NO. 2000-170 is RESOLUTION NO.
1580.
Mr. Greg Petrowich was appointed to the Cable Television Advisory Committee for a term
expiring February 20, 2002, upon Mr. White's motion, Mr. PurcelPs second, and the following
vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none.
A temporary 5% beer by the drink license was approved for the Muscular Dystrophy Association
for an event to be held at the A. C. Brase Arena Building, 410 Kiwanis Drive, July 14-15, 2000,
upon Mr. Hopkins' motion, Mr. Neumeyer's second, and the following vote: Ayes: Eggimann,
Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none.
Mr. Hopkins made a motion, seconded by Mr. Purcell, to grant an out-of-district sewer
connection to Deer Creek Christian Academy, 2039 Cape La Croix Road, connecting to Sewer
District 14-1-F-4. The motion was approved upon the following vote: Ayes: Eggimann, Hopkins,
Neumeyer, Purcell, Stoffregen, White. Nays, none.
A water main extension to serve the Cape Girardeau Industrial Park along Rambler Road was
accepted into the city's system upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the
following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none.
There being no further business, the Council adjourned upon Mr. Neumeyer's motion, Mr.
Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Stoffregen, White. Nays, none.
28
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOn .Tuly 3, 2000
531809
V . `
4 +
�v
Richard Eggimann, Mayor ro Tempore
,
Gayle . onrad, City Clerk
I
I
I