HomeMy WebLinkAboutCouncil.Minutes.08-21-2000 Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI August 21, 2000 53
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REGLJI.AR SESSION— AUGUST 21, 2000
Co�mcil convened in regular session on Monday, August 21, 2000, at 7:30 p.m. with Mayor
Albert M. Spradling III presiding and Council Members Matt Hopkins, Tom Neumeyer, Jay
Purcell, Frank Stoffregen and Hugh White present. Richard Eggimann was absent.
The invocation was presented by Rev. Bill Burke, First Church of the Nazarene, and the Pledge of
Allegiance was recited.
The minutes of the August 7, 2000, regular and executive sessions, and August I 1, 2000, special
and executive sessions were approved upon Mr. Hopkins' motion, Mr. Purcell's second, and the
following vote: Ayes, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none.
The agenda was adopted as disvibuted upon Mr. Neumeyer's motion, Mr. Hopkins' second, and
the following vote: Ayes, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays,
none.
Dr. Pauline Fox presented a report on the activities of the River Campus Board of Managers over
the past year. Phase I of the project is completed, and Phase II will begin this fall. She
introduced members of the Board, including Ruth Knote, Tomas Byrd, and Jerry Ford.
Mr. Stanley Boyd, a resident in the 1100 block of N. Frederick, appeared regarding problems the
neighborhood is having with the university fraternity on Sprigg Street. Students are parking on N.
Frederick. The residents cannot get out of their driveways, students are leav►ng large amounts of
trash in the ditches, and the music from parties is too loud and lasts until early in the morning
hours. He stated that the city previously approved a permit for a warehouse to be used to build
floats; however, it is being used for many parties. He requested the City look into establishing no
parking on this block from 6 p.m. to 6 a.m. to help alleviate the problems. Mr. Boyd introduced
other residents that live on N. Frederick.
Mr. Purcell reyuested City staff review the stipulations of the special use permit previously issued.
Mr. Stoffregen requested that a barricade or reflective signs be placed at the dead end of N.
Frederick for safety reasons.
Mr. James Hayes, 1122 N. Frederick, appeared and stated that CWI is picking up the refuse at the
fraternity between 3:45 and 4:15 a.m. and questioned if there was anything the city could do to
change this. In addition, Sloan Creek comes through his property, and a large area in his yard is
being washed out by the creek. Mayor Spradling stated that city staff will look into these issues.
The following bills were given second and third readings.
BILL NO. 2000-183 AN ORDINANCE APPROVING THE RECORD PLAT OF
KAMMANN RANDOL SUBDIVISION
BILL NO. 2000-185 AN ORDINANCE READOPTING SECTIONS 2-76 TO 2-83 OF THE
CITY CODE RELATING TO CONFLICTS OF INTEREST
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOt1 August 21, 2000 �
531809
� BILL NO. 2000-188 AN ORDWANCE AMENDING CHAPTER 30 OF THE CODE OF �
�� ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
i BY CHANGWG THE ZONING OF LOTS 1, 2 AND 3 OF MOUNT
! AUBURN SUBDIVISION NO. 7, CITY AND COUNTY OF CAPE
' GIRARDEAU, MISSOURI FROM R-2 TO R-3
;� BILL NO. 2000-191 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
QRDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
BY CHANGWG THE ZONING OF 1925 BROADWAY, CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-2 TO C-1
BILL NO. 2000-192 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
DOUGLAS J. HILEMAN AND ELIZABETH A. HILEMAN, FOR
PURPOSES OF MAINTAINING AND OPERATING A HOME-BASED
BUSINESS AT 1744 I.UCE STREET, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 2000-195 AN ORDINANCE VACATiNG THE CITY'S INTEREST IN A
PORTION OF A UTILITY, SEWER AND DRAINAGE EASEMENT
IN TWIN LAKES SUBDIVISION, [N THE CITY OF CAPE
CIRARDEAU, MISSOURI
BILL NO. 2000-196 AN ORDINANCE REAFFIRM[NG THE ACTION OF THE CITY
COUNCIL DECLARING IT NECESSARY TO IMPROVE,
PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY
MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK,
AND PROV[DING FOR THE MANNER OF PAYMENT OF THE
WORK, OF TIMON WAY FROM BIG BEND ROAD TO DUMAIS
DRIVE; DEPAUL LANE FROM COUNTRY CLUB DRNE TO
DRIVEWAY; DONNA LANE FROM TIMON WAY TO THE DEAD
END; NORTH LORIMIER STREET FROM MILL STREET TO
PEARL STREET; PEARL STREET FROM NORTH LORIMIER
STREET TO FOUNTAIN STREET; HUNTERS LANE FROM �
I BOULDER CREST DRIVE TO THE DEAD END; COLLINS STREET
FROM MT. AUBURN ROAD TO HUNZE DRIVE; HUNZE DRIVE
FROM HOPPER ROAD TO COLLINS STREET; AND HILL STREET
(RIVERV[EW DRNE) FROM RAND STREET TO JOHNSON
STREET, KNOWN AS THE 2000-1 4 [NCH ASPHALTIC
I PAVEMENT PROGRAM OF THE TRANSPORTATiON TRUST
� FUND, IN THE CITY OF CAPE G[RARDEAU, MiSSOURI
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j BILL NO. 2000-199 AN ORDINANCE ACCEPT(NG GENERAL WARRANTY DEEDS,
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PERMANENT DRAiNAGE EASEMENTS AND A TEMPORARY
i I CONSTRUCTION EASEMENT FROM D & D CAPE �
INVESTMENTS, L.P., ARMSTRONGHERITAGE, INC. AND
��� WILVER W. WESSEL AND DOLORES H. WESSEL FOR THE MT.
AUBURN SOUTH PROJECT
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI August 21, 2000 55
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BILL NO. 2000-202 AN ORDINANCE PROVIDING FOR THE LEVYING OF THE
ANNUAL CITY REVENUE TAX; LIBRARY FUND TAX; PUBLIC
HEALTH TAX; DEBT SERVICE FUND TAX; SPECIAL BUSINESS
DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDWG ON
THE 30TH DAY OF JUNE, 2001
BILL NO. 2000-208 AN ORDINANCE ACCEPTING A PERMAIVENT SANITARY
SEWER AND UTILITIES EASEMENT FROM CAPE RETIREMENT
COMMUNITY, FOR A SANITARY SEWER EXTENSION AND
WATER MAIN EXTENSION TO SERVE THE CHATEAU
GIRARDEAU RETIREMENT COMPLEX
The second and third readings of BILL NOs. 2000-183, 2000-185, 2000-188, 2000-191, 2000-
192, 2000-195, 2000-196, 2000-199, 2000-202 and 2000-208 were approved and the ordinances
adopted upon Mr. Stoffregen's motion, Mr. Purcell's second, and the following vote: Ayes,
Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. White abstained on
BILL NO. 2000-183. BILL NO. 2000-183 is ORDINANCE NO. 2777; BILL NO. 2000-185 is
ORDINANCE NO. 2778; BILL NO. 2000-188 is ORDINANCE NO. 2779; BILL NO. 2000-191
is ORDINANCE NO. 2780; BILL NO. 2000-192 is ORDINANCE NO. 2781; BILL NO. 2000-
195 is ORDINANCE NO. 2782; BILL NO. 2000-196 is ORDINANCE NO. 2783; BILL NO.
2000-199 is ORDINANCE NO. 2784; BILL NO. 2000-202 is ORDINANCE NO. 2785; BILL
NO. 2000-108 is ORIDNANCE NO. 2786.
BILL NO. 2000-186 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 327 SOUTH
LORIMIER STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4
TO G2
The first reading of BILL NO. 2000-186 failed upon Mr. Hopkins' motion, Mr. Neumeyer's
second, and the following vote: Ayes, none. Nays, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White.
BILL NO. 2000-187 was given first reading as follows:
AN ORDINANCE GRANT[NG A SPECIAL USE PERMIT TO LARRY W. STONE, FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING MINI-STORAGE
UNITS AT 327 SOUTH LORIMIER STREET, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
The first reading of B1LL NO. 2000-187 failed upon Mr. Hopkins' motion, Mr. Neumeyer's
second, and the following vote: Ayes, none. Nays, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White.
Mr. Hopkins made a motion, seconded by Mr. Purcell to adopt the findings and conclusions for
this special use permit, and to accept Section 30-39 "Special Use Regulations," the application for
special use permit, the application file, and the records of the Planning and Zoning Commission
and include these records in the findings and conclusions. The motion was approved upon the
following vote: Ayes, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI August 21, 2000 �C�
531809
Mr. IVeumeyer questioned whether Mr. Stone could appear before the Council at this time. Mr.
Stone stated he understood what happened with the special use permit request.
BILL NO. 2000-212 was given first reading as follows:
AN ORDINANCE ACCEPTiNG A STORM DRAINAGE EASEMENT FROM KIDD [I, INC.,
FOR RELOCATION OF A STORM SEWER LINE AT 103 NORTH KIIVGSHIGHWAY
The first reading of BILL NO. 2000-212 was approved upon Mr. White's motion, Mr. Hopkins'
second, and the following vote: Ayes, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen,
White. Nays, none.
BILL NO. 2000-213 was given first reading as follows:
AN ORDINANCE ACCEPTING PERMANENT AND TEMPORARY EASEMENTS FROM
GREATER CAPE G[RARDEAU AREA BENEVOLENT ASSOCIATION AND BIOKYOWA,
INC. FOR RIGHT-OF-WAY TO CONSTRUCT AND MAINTAIN A RAIL SPUR IN THE
NASH ROAD INDUSTRIAL PARK
The first reading of BILL NO. 2000-213 was approved upon Mr. White's motion, Mr. Purcell's
second, and the following vote: Ayes, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays,
none. Mayor Spradling abstained for financial reasons.
BILL NO. 2000-21 I was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 7 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SVERDRUP CIVIL, INC.
FOR THE SAIVITARY SEWER IMPROVEMENT PROGRAM
The reading of B[LL NO. 2000-211 was approved and the resolution adopted upon Mr.
� Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Hopkins, Neumeyer,
{ Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-211 is RESOLUTION NO.
� 1598.
�
BILL NO. 2000-214 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
C WITH ASA ASPHALT, INC., FOR THE 2000-I 4 INCH PAVEMENT PROGRAM
I I
The reading of B[LL NO. 2000-214 was approved and the resolution adopted upon Mr.
�; Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Hopkins, Neumeyer,
Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-214 is RESOLUTION NO.
;i 1599. �
Mayor Spradling stated that BILL NO. 2000-215 was withdrawn from the agenda. BILL NO. �
! 2000-215 reads as follows:
� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
I WITH AM RAIL CONSTRUCTION, [NC., FOR THE BIOKYOWA RAIL SPUR EXTENSION
�, PROJECT PHASE I
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI August 21, 2000 57
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BILL NO. 2000-216 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH BROTCKE WELL & PUMP, INC., FOR THE CAPE ROCK WATER TREATMENT
PLANT EXPANSION AND ALLUVIAL WELL FIELD CONSTRUCTION, WELL DRILLING
PHASE 1
t
The reading of BILL IVO. 2000-216 was approved and the resolution adopted upon Mr.
Stoffregen's motion, Mr. Purcell's second, and the following vote: Ayes, Hopkins, Neumeyer,
Purcell, Spradling, Stoffregen, White, Nays, none. BILL NO. 2000-216 is RESOLUTION NO.
1600.
Ms. Julie Kolb was appointed to the Historic Preservation Commission for a term expiring April
16, 2001, upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes,
Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none.
Mr. Mark Strickland was appointed as an alternate member to the Board of Appeals for a term
expiring June 4, 2004, upon Mr. White's motion, Mr. Stoffregen's second, and the following
vote: Ayes, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none.
Mr. Donald Sherwood was appointed to the Parks and Recreation Advisory Board for a term
expiring October 29, 2001, upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the
following vote: Ayes, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none.
The revised sanitary sewer improvement plans for the relocation of a sanitary sewer to serve
Rhodes 101 Convenience Store on North Street were approved upon Mr. Hopkins' motion, Mr.
Purcell's second, and the following vote: Ayes, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White. Nays, none.
Mr. Hopkins made a motion, seconded by Mr. White, to change the times of the City Council
meetings from 7:30 p.m. to 7:00 p.m. beginning with the City Council meeting on October 9.
The motion was approved upon the following vote: Ayes, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White. Nays, none.
Mr. Stoffregen commended the City Attorney for the proposed ordinance amending the liquor
license procedure relating to property owners within 200 feet of a liquor establishment. He
requested the ordinance be placed on the next agenda for first reading.
Upon questioning by Mr. White, City Manager Michael Miller stated the staff is still reviewing the
petition regarding issues on Kenneth Drive.
There being no fiirther business, the Council 'ourned upon Mr. Hopkins' motion, Mr.
Neumeyer's second, and the following vote: y s, Ho kins, Neumeyer, Purcell, Spradling,
Stoffregen, White. Nays, none.
A M. Spradling, III, Mayor
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Gayle Conrad, City Clerk