HomeMy WebLinkAboutCouncil.Minutes.10-09-2000 Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIO11 October 9, 2000 73
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REGULAR SESSION— OCTOBER 9, 2000
Council convened in regular session on Monday, October 9, 2000, at 7:00 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 Councilman White, and the Pledge of Allegiance was recited.
Prior to regular session, the City Council convened in closed session for the purpose of discussing
litigation upon Mr. Stoffregen's motion, Mr. White's second, and the following vote: Ayes,
Eggimann, Hopkins, Purcell, Spradling, Stoffregen, White. Nays, none.
The minutes of the September 25, 2000, regular and closed sessions were approved upon Mr.
Eggimann's motion, Mr. White's second, and the following vote: Ayes, Eggimann, Hopkins,
Purcell, Spradling, Stoffregen, White. Nays, none.
The agenda was adopted as distributed upon Mr. Purcell's motion, Mr. Hopkins' second, and the
following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling, Stoffregen, White. Nays, none.
Mayor Spradling congratulated the Jackson Indians high school football team on their win over the
Cape Central Tigers. He stated he was very proud of how well Central played.
Mr. Mitch Robinson, Director of the Cape Girardeau Area Industrial Recruitment Association,
presented a plaque to Jay Purcell for his service on the Industrial Recruitment Board of Directors.
This being the date set for a public hearing regarding the request of Cape Girardeau Baptist
Association to rezone 2912 Bloomfield Road from R-1, single family residential district, to R-4,
multiple family residential district, the hearing was opened. Mr. Joe Russell appeared on behalf of
the Baptist Association and stated this property will be used for a medical clinic for Dr. Scott
Gibbs. There being no further appearances, the hearing was closed.
BILL NO. 2000-243 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 2912
BLOOMFIELD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO
R-4
The first reading of BILL NO. 2000-243 was approved upon Mr. Eggimann's motion, Mr.
Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling,
Stoffregen, White. Nays, none.
� This being the date set for a public hearing regarding the request of the Lutheran Home for the
Aged to rezone an 0.87 acre tract of land described as the Fornkohl Tract from R-1, single family
residential district, to R-4, multiple 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 request of the Lutheran Home for the
Aged to rezone 0.654 acre tract of land described as the Beggs Tract from R-1, single family
residential district, to R-4, multiple family residential district, the hearing was opened. There
being no appearances, the hearing was closed.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI October 9, 2000 74
531809
This being the date set for a public hearing regarding the request of Melvin C. and Mary C.
Kasten and Windall and Dee Dee Wilson for a special use permit for additional living quarters at
2000 Perryville Road in an R-1, single family residential district, the hearing was opened. Mr.
Windall Wilson appeared and stated he is purchasing this property from Dr. and Mrs. Kasten.
There is a cabin on the rear of the property that they will be remodeling and using for a residence
for his mother-in-law. There being no further appearances, the hearing was closed.
BILL NO. 2000-246 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MELVIN C. KASTEN AND
MARY C. KASTEN, AND WINDALL WILSON AND DEE DEE WILSON, FOR PURPOSES
OF CONSTRUCTING, MAINTAINING AND OPERATING ADDITIONAL LIVING
QUARTERS AT 2000 PERRYVILLE ROAD, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BILL NO. 2000-246 was approved upon Mr. Purcell's motion, Mr. White'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 a 30' sewer
easement running across a portion of lots 49 and 50 of Doctor's Park Second Subdivision, in a line
northeast from I-55 to Doctor's Park Drive, the hearing was opened. 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 10' wide
utility easement between Lots 4 and 5 of First Park West Professional Plaza, east off of Silver
Springs Road, the hearing was opened. Mr. Ben Lewis appeared in support of the request and to
answer any questions. There being no further appearances, the hearing was closed.
BILL NO. 2000-252 was given first reading as follows:
AN ORDINANCE VACATIIVG THE CITY'S INTEREST IN A UTILITY EASEMENT IN
F[RST PARK WEST PROFESSIONAL PLAZA, IN THE CTTY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL NO. 2000-252 was approved upon Mr. Hopkins' motion, 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 regarding the City's submission of an application to the
� State of Missouri for a Community Development Block Grant for economic development for
public infrastructure to support proposed industrial development at the Greater Cape Girardeau
Industrial Park, the hearing was opened. There being no appearances, the hearing was closed.
BILL NO. 2000-255 was given first reading as follows: �
� AN ORDINANCE APPROVING THE DEFEASANCE OF A PORTION OF THE CITY'S
OUTSTANDING CERTIFICATES OF PARTICIPATION (CAPITAL IMPROVEMENTS
PROJECTS), SERIES 1994A; AND APPROVING CERTAIN DOCUMENTS AND
i AUTHORIZING CERTAIN OTHER ACTIONS W CONNECTION THEREWITH
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI October 9, 2000 75
S31809
The first reading of BILL NO. 2000-255 was approved upon Mr. White's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling,
Stoffregen, White. Nays, none.
The following bills were given second and third readings:
BILL NO. 2000-235 AN ORDINANCE APPROVWG THE RECORD PLAT OF WINKS-
NUNN SUBDIVISION
BILL NO. 2000-236 AN ORDINANCE AUTHORIZING EXECUTION OF AN AIRPORT
ASSISTANCE AGREEMENT BETWEEN THE STATE HIGHWAY
AND TRANSPORTATION COMMISSION OF MISSOURI AND THE
CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 2000-237 AN ORDINANCE ACCEPTING A SEWER, UTILITY AND STORM
DRAINAGE EASEMENT FROM DPS REAL ESTATE, FOR A
SEWER LINE IN DOCTOR'S PARK SECOND SUBDIVISION
BILL NO. 2000-238 AN ORDINANCE VACATING THE CITY'S INTEREST IN STREET
RIGHT-OF-WAY AND A DRAINAGE EASEMENT IVEAR PARK
AVENUE AND COLLEGE STREET, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 2000-241 AN ORDINANCE 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 second and third readings of BILL NOs. 2000-235, 2000-236, 2000-237, 2000-238, and 2000-
241 were 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. 2000-235 is
ORDINANCE NO. 2796; BILL NO. 2000-236 is ORDINANCE NO. 2797; BILL NO. 2000-237
is ORDINANCE NO. 2798; BILL NO. 2000-238 is ORDINANCE NO. 2799; BILL NO. 2000-
241 is ORDINANCE NO. 2800.
BILL NO. 2000-244 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDWANCES OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 2825
BLOOMFIELD ROAD (FORNKOHL TRACT), CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI FROM R-1 TO R-4
The first reading of BILL NO. 2000-244 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. 2000-245 was given first reading as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI October 9, 2000 �
S31809
I AN ORDINANCE AMENDWG CHAPTER 30 OF THE CODE OF ORDINANCES OF THE
I CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZOMNG OF 2825
BLOOMFIELD ROAD (BEGGS TRACT), C[TY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI FROM R-1 TO R-4
The first reading of BILL IVO. 2000-245 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. 2000-247 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 13-52 OF THE CITY CODE, RELATING TO
DAMAGED OR DISABLED VEHICLES AS A PUBLIC NUISANCE
The first reading of BILL NO. 2000-247 was approved upon Mr. Hopkins' motion, Mr.
Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling,
Stoffregen, White. Nays, none.
BiLL NO. 2000-251 was given first reading as follows:
AN ORDINANCE AMENDWG SECTION 7-311(g) OF THE CITY CODE RELATING TO
UNREGISTERED AI�1D/OR UNINSPECTED MOTOR VEHICLES ON PROPERTY
The first reading of B[LL NO. 2000-251 was approved upon Mr. Stoffregen's motion, Mr.
Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling,
Stoffregen, White. Nays, none.
BILL NO. 2000-248 was given first reading as followse
AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE,
ESTABLISHING SPEED LIMITS ON VILLAGE DRIVE, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BILL NO. 2000-248 was approved upon Mr. Hopkins' motion, Mr.
� E imann's second and the followin vote: A es E �mann Ho kins Purcell S radlin
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Stoffregen, White. Nays, none.
BILL NO. 2000-249 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE,
REPEALING CERTAIN NO PARKING ZONES ON MT. AUBURN ROAD, AND
ESTABLISHING NEW NO PARKING ZONES ON MT. AUBURN ROAD, IN THE CITY OF ,
CAPE GIRARDEAU, MISSOURI �
,� The first reading of BILL NO. 2000-249 was approved upon Mr. Purcell's motion, Mr. Hopkins' �
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second, and the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling, Stoffregen,
White. Nays, none.
� BILL NO. 2000-250 was given first reading as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI October 9, 2000 77
S31809
AN ORDINANCE VACATING THE CITY'S INTEREST IN A SEWER EASEMENT IN
DOCTOR'S PARK SECOND SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL NO. 2000-250 was 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. 2000-242 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH FRONABARGER CONCRETERS, INC., FOR THE HOPPER ROAD EXTENSION,
PHASE IIB
The reading of BTLL NO. 2000-242 was approved and the resolution adopted upon Mr.
Eggimann's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins,
Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-242 is RESOLUTION NO.
1614.
BILL NO. 2000-253 was presented as follows:
A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING WTENT
TO SEEK FUNDING THROUGH THE "COMMUNITY DEVELOPMENT BLOCK GRANT"
PROGRAM FOR A PROPOSED PROJECT AT THE GREATER CAPE GIRARDEAU
INDUSTRIAL PARK, AND AUTHORIZING THE CITY MANAGER TO PURSUE
ACTIVITIES IN AN ATTEMPT TO SECURE FUNDING
The reading of BILL NO. 2000-253 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Purcell,
Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-253 is RESOLUTION NO. 1615.
BILL NO. 2000-254 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM
TO AN AGREEMENT WITH D & D CAPE INVESTMENTS, L.P., ARMSTRONG
HERITAGE, INC., AND DRURY SOUTHWEST, WC., FOR THE MT. AUBURN ROAD
EXTENSION PROJECT
The reading of BILL NO. 2000-254 was approved and the resolution adopted upon Mr. Purcell's
motion, Mr. White's second, and the following vote: Ayes, Eggimann, Hopkins, Purcell,
Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-254 is RESOLUTION NO. 1616.
Mr. David Hinton, Mr. Mark Buerck, and Mr. Larry Dowdy were appointed to the Board of
Adjustment for terms expiring September 4, 2005, upon Mr. Eggimann's motion, Mr. Purcell's
second, and the following vote: Ayes, Eggimann, Hopkins, Purcell, Spradling, Stoffregen,
White. Nays, none.
Mr. Stoffregen commended the City Attorney for the research he completed regarding the
motorcycle helmet law. Upon Mr. Stoffregen's request, BILL NO. 2000-257 was presented as
follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SS1011 October 9, 2000 78
531809
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURt, SUPPORTING A CHANGE IN THE STATE MOTORCYCLE HELMET LAW
The reading of BILL NO. 2000-257 was approved and the resolution adopted upon Mr.
Stoffregen's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins,
( Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-257 is RESOLUTION NO.
� 1617.
Regarding the automated red light enforcement, City Manager Michael Miller stated that staff will
present additional information to the City Council at the next meeting. Mr. Stoffregen expressed
� his opposition to issuing citations to owners of vehicles instead of the operator of the vehicle that
commits the violation. Mr. Eggimann requested additional information regarding the cost to the
city to fund this project.
The water main extension at Golden Eagle Court and North Kingshighway was accepted into the
city's system, and final payment to PR Developers, Inc., was authorized, upon Mr. Hopkins'
motion, Mr. Ptircell's second, and the following vote: Ayes, Eggimann, Hopkins, Purcell,
Spradling, Stoffregen, White. Nays, none.
BILI. NO, 2000-256 was presented as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH EARL H. NORMAN TRUSTEE, AND CAPE GIRARDEAU PUBLIC SCHOOL
DISTRICT #63, FOR A LAND SURVEY FOR THE DESIGN OF THE HIGHWAY 74 WEST
INTERCHANGE PROJECT
The first �eading of BILL NO. 2000-256 was approved upon Mr. Eggimann's motion, Mr.
Purcell's second, and the following vote; Ayes, Eggimann, Hopkins, Purcell, Spradling,
Stoffregen, White. Nays, none.
There being no further business, the Council adjo rned upon Mr. Eggimann's motion, Mr.
Hopkins' second, and the following vote: Aye , Eggimann, Hopkins, Purcell, Spradling,
Stoffregen, White. Nays, none.
A. M. pra ling, III, Mayor
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Gayle L. nrad, City Clerk
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