HomeMy WebLinkAboutCouncil.Minutes.09-25-2000 Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOII September 25, 2000 65
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REGULAR SESSION— SEPTEMBER 25, 2000
Council convened in regular session on Monday, September 25, 2000, at 7:30 p.m. with Mayor
Albert M. Spradling III presiding and Council Members Richard Eggimann, Matt Hopkins, Jay
Purcell, Frank Stoffregen and Hugh White present. Tom Neumeyer was absent.
The invocation was presented by Rev. Clayton Smith of Centenary United Methodist Church, and
the Pledge of Allegiance was recited.
Prior to regular session, the City Council convened in closed session for the purpose of discussing
real estate acquisition, upon Mr. White's motion, Mr. Purcell's second, and the following vote:
Ayes, Eggimann, Hopkins, Purcell, Spradling, Stoffregen, White. Nays, none.
The minutes of the September 5, 2000, regular session were approved upon Mr. Eggimann's
motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Purcell,
Spradling, Stoffregen, White. Nays, none.
The agenda was adopted as distributed upon Mr. White's motaon, Mr. Eggimann's second, and the
following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling, Stoffregen, White. Nays, none,
This being the date set for a public hearing to consider vacating the city's interest in the streex
right-of-way for the cul-de-sac at the end of Park Avenue and a 6' drainage easement running
between the cul-de-sac and College Street, the hearing was opened. There being no appearances,
the hearing was closed.
Mr. Brad Sample of the Semo Hog Club appeared and requested the City Council to not require
motorcycle riders in the Christmas Parade of Lights to wear helmets. He stated that last year was
the first year they were required to wear helmets. Other cities do not require motorcycle riders to
wear helmets in parades, and he requested leniency as is done with the seat belt law. Mayor
Spradling responded that it was his understanding that State Representative David Schwab was
presenting legislation to exempt helmet laws during parades; however, this may not be in effect
before Christmas. The City is looking further into the matter.
Ms. Syvilla Swan appeared in support of her special use permit request for a group home day care
at 1200 South Ranney.
The following bills were given second and third readings:
BILL NO. 2000-217 AN ORDINANCE AMENDWG CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
BY CHANGING THE ZONING OF 1000 KINGSWAY DRNE, CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO
G2
BILL NO. 2000-218 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
SHERMAN SWAN AND SYVILLA SWAN, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A GROUP
HOME DAY CARE AT 1200 SOUTH RANNEY AVENUE, IN THE
CiTY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SeSSl011 September 25, 2000 66
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� BiLL NO. 2000-221 A ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
� EASEMENT, LICENSE AND INDEMNITY AGREEMENT WITH
ALBERTSON'S, 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 CRO[X CREEK/WALKER
f� BRANCH FLOOD CONTROL PROJECT RIGHT-OF-WAY
il
BILL NO. 2000-222 AN ORDWANCE AMENDING CHAPTER 22 OF THE CITY CODE
RELATING TO SOLID WASTE FEES AT THE TRANSFER
STATIOIV
BILL NO. 2000-223 AN ORDINANCE ENACTING A NEW SECTION 5-16 OF THE
CITY CODE, RELATING TO LIQUOR SALES NEAR RESIDENCES
BILL NO. 2000-227 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121
OF THE CITY CODE, BY REPEALING STOP SIGNS ON MTo
AUBURN ROAD AT BLOOMFiELD ROAD, AND AMENDING
SCHEDULE E OF SECTION 26-283 BY ESTABLISHING A FOUR-
WAY STOP AT BLOOMFIELD ROAD AND MT. AUBURN ROAD,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 2000-228 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247
OF THE CITY CODE, ESTABLISHING NO PARKING ON VILLAGE
DRNE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The second and third readings of BILL NOs. 2000-217, 2000-218, 2000-221, 2000-222, 2000-
223, 2000-227 and 2000-228 were approved upon Mr. White's motion Mr. Eggimann's second,
and the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling, Stoffregen, White. Nays,
none. BILL NO. 2000-217 is ORDINANCE NO. 2789; BILL NO. 2000-218 is ORDINANCE
NO. 2790; BILL NO. 2000-221 is ORDINANCE NO. 2791; BILL NO. 2000-222 is
ORDINANCE NO. 2792; BILL NO. 2000-223 is ORDINANCE NO. 2793; BILL NO. 2000-227
is ORDINANCE NO. 2794; BILL NO. 2000-228 is ORDINANCE NO. 2795.
BILL NO. 2000-235 was given first reading as follows:
� AN ORDINANCE APPROVING THE RECORD PLAT OF WINKS-NUNN SUBDIVISION
i
The first reading of BILL NO. 2000-235 was approved upon Mr. Eggimann's motion, Mr.
Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling,
Stoffregen, White. Nays, none.
� BILL NO. 2000-236 was given first reading as follows:
� AN ORDINANCE AUTHORIZING EXECUT[ON OF AN AIRPORT ASSISTANCE
AGREEMENT BETWEEN THE STATE HIGHWAY AND TRANSPORTATION
COMMISSION OF MISSOURI AND THE CITY OF CAPE GIRARDEAU, MISSOURI
� The first reading of BILL NO. 2000-236 was approved upon Mr. Purcell's motion, Mr. �
� Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling,
Stoffregen, White. Nays, none.
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B[LL NO. 2000-237 was given first reading as follows:
AN ORDINANCE ACCEPTWG A SEWER, UTILITY AND STORM DRAINAGE
EASEMENT FROM DPS REAL ESTATE, FOR A SEWER LINE IN DOCTOR'S PARK
SECOND SUBDIVISION
The first reading of BILL NO. 2000-237 was approved upon Mr. White's motion, Mr. Purcell's
second, and the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling, Stoffregen,
White. Nays, none.
BILL NO. 2000-238 was given first reading as follows:
AN ORDINANCE VACATING THE CITY'S INTEREST IN STREET RIGHT-OF-WAY AND
A DRAINAGE EASEMENT NEAR PARK AVENUE AND COLLEGE STREET, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 2000-238 was approved upon Mr. White's motion, Mr. Hopkins'
second, and the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling, Stoffregen,
White. Nays, none.
BILL NO. 2000-241 was given first reading as follows:
AN ORDWANCE ACCEPTING SEWER EASEMENTS FROM STONEBRIDGE
SUBDIVISION PROPERTY OWNERS ASSOCIATION, DANA C. BRANSON, ALAN
BRANSON, AND JUDY C. SMITH, TRUSTEE, FOR SANITARY SEWERS TO SERVE
GIBONEY WOODS THIRD SUBDIVISION
The first reading of BILL NO. 2000-241 was approved upon Mr. Purcell's motion, Mr. Hopkins'
second, and the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling, Stoffregen,
White. Nays, none.
BILL NO. 2000-240 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
REDEVELOPMENT AGREEMENT WITH PHILLIPS DEVELOPMENT CORPORATION
AND CHERRY WOOD HEIGHTS ONE LIMITED PARTNERSHIP, FOR THE OLD ST.
FRANCIS HOSPITAL PROPERTY
The reading of BILL NO. 2000-240 was approved and the resolution adopted upon Mr.
Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins,
�� Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-240 is RESOLUTION NO.
l61 I.
BILL NO. 2000-234 was presented as follows:
A RESOLUTION ACCEPTING A GRANT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION
FOR AN AiRPORT LAYOUT PLAN UPDATE
The reading of BILL NO. 2000-234 was approved and the resolution adopted upon Mr. Purcell's
Proceedings of the City Council, City of Cape Girardeau, Mo.
Re�;ular S@SSIOCI September 25�2000 �$_
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� motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Purcell,
� Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-234 is RESOLUTION NO. 1612.
�i BILL NO. 2000-239 was presented as follows:
A RESOLUTION AUTHORIZING THE C[TY MANAGER TO EXECUTE A CONSULTING
AGREEMENT WITH EPIC SYSTEMS, INC., FOR ADDWG TWO WASTEWATER PUMP
STAT[ON SITES TO THE SCADA REMOTE MONiTORING SYSTEM
The reading of BILL NO. 2000-239 was approved and the resolution adopted upon Mr. White's
motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Purcell,
Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-239 is RESOLUTION NO. 1613.
Mr. Farris Nabors was appointed to the Board of Appeals for a term expiring September 4, 2005,
upon Mr. Eggimann's motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann,
Hopkins, Purcell, Spradling, Stoffregen, White. Nays, none.
Mr. Eggimann made a motion, seconded by Mr. Purcell, to approve a change in managing officer
for DeStock 12, Inc., d/b/a Broussard's 120 N. Main, Michael Edward Vonhasseln, Managing
Officer. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Purcell,
Spradling, Stoffregen, White. Nays, none.
A temporary 5% beer by the drink license for John C. Stotz, d/b/a Southeast Missouri Hospital
Foundation for an event to be held November 15-17, 2000, at the Show Me Center, was approved
upon Mr. Eggimann's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann,
Hopkins, Purcell, Spradling (Mayor), Stoffregen, White. Nays, none.
A temporary 5% beer by the drink license for St. Vincent DePaul School for an event to be held
November 4, 2000, at the A. C. Brase Arena Building was approved upon Mr. Purcell's motion,
Mr. White's second, and the following vote: Ayes, Egg►mann, Hopkins, Purcell, Spradling,
Stoffregen, White, Nays, none.
The storm sewer relocation across Kidd Oil Co. located at 103 North Kingshighway was accepted
into the city's"�ystem upon Mr. White's motion, Mr. Hopkins' second, and the following vote:
Ayes, Eggimann, Hopkins, Purcell, Spradling, Stoffregen, White. Nays, nonee
The effluent from a sanitary sewer line serving the Place Collegiate apartment complex located at
the intersection of IVorth Sprigg Street and Bertling Street was accepted into the city's system upon
Mr. Stoffregen's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann,
Hopkins, Purcell, Spradling, Stoffregen, White. Nays, none.
Mr. Eggimann made a motion, seconded by Mr. White, to accept the recommendation of the
Planning and Zoning Commission to deny the application of Michael L. and Debra K. Annis to
rezone 1217 William Street from R-3, two family residential district, to C-1, local commercial �
district, and for a special use permit for mini-storage units at that location. The motion was �
approved upon the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling, Stoffregen,
White. Nays, none.
� Mr. Eggimann made a motion, seconded by Mr. Purcell, authorizing the Knights of Columbus Fr.
� Marquette Council #I1205 to solicit donations for their annual Tootsie Roll Drive at the
� intersections of Kingshighway and William, Kingshighway and Broadway, Mt. Auburn and
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Proceedings of the City Council, City of Cape Girardeau, Mo.
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Independence, and Perryville and Cape Rock on Friday, October 6, from 3:30 to 6:30 p.m., and
on Saturday, October 7, from 8:00 a.m. to 1:00 p.m. The motion was approved upon the
following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling, Stoffregen, White. Nays, none.
Regarding the request of the Alpha Phi Omega Service Organization to solicit donations on city
streets, no action was taken by the City Council.
The improvement plans for Crites I I'"Subdivision were approved upon Mr. Hopkins' motion, Mr.
Eggimann's second, and the follow►ng vote: Ayes, Eggimann, Hopkins, Purcell, Spradling,
Stoffregen, White. Nays, none.
Regarding the motorcycle helmet law, Mr. Stoffregen questioned whether the Police Department
can be directed to not issue tickets for violations of the helmet law during parades. City Attorney
Eric Cunningham stated that all police officers take an oath to uphold all Federal, State and local
laws. Mayor Spradling explained that the City cannot pass an ordinance to change state law but
questioned whether the city could adopt an ordinance making an exception to the state law. Even
if a city ordinance were to be adopted, the Mayor said, the County Sheriff's Department and the
State Highway Patrol could still issue tickets for violation of the law. Following discussion, Mr.
Cunningham was directed to prepare a proposed ordinance for discussion as the next City Council
meeting.
Regarding the restriping of Mt. Auburn Road to four lanes from Kingshighway to Independence,
Mayor Spradling requested the city staff prepare an ordinance for the next City Council meeting
removing all parking from this portion of Mt. Auburn Road and notifying the residents in this area
that the ordinance will be on the agenda for first reading. Upon questioning by the Council, City
Engineer Mark Lester stated that the air temperature must be 50 degrees or above to paint the
stripes on the road.
There being no further business, the Council adjourned upon Mr. Eggimann's motion, Mr.
Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling,
Stoffregen, White. Nays, none.
A. M. Spradling, III, Mayor
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Gayle L. nrad, City Clerk