HomeMy WebLinkAboutCouncil.Minutes.04-02-2001 Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SG'SSIOtI April 2, 2001 145
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� REGULAR SESSION— APRIL 2, 2001
Council convened in regular session on Monday, April 2, 2001, at 7:00 p.m. with Mayor Albert
M. Spradling III presiding and Council Members Richard Eggimann, Matt Hopkins, Tom
Neumeyer, Frank Stoffregen and Hugh White present. Jay Purcell was absent.
The invocation was presented by Rev. Art Hunt of Christ Evangelical Presbyterian Church, and
the Pledge of Allegiance was recited.
The minutes of the March 19, 2001, regular session were approved upon Mr. Stoffregen's motion,
Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Spradling, Stoffregen, White. Nays, none.
The agenda was adopted as distributed upon Mr. Neumeyer's motion, Mr. Hopkins' second, and
the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays,
none.
This being the date set for a public hearing regarding the request of American Legion Louis K.
Juden Post 63 and Southwestern Bell Wireless (n/k/a) Cingular Wireless for a special use permit
for a 120-foot telecommunications monopole, and a 300 square foot equipment shelter at 2731
Thomas Drive in a G2, general commercial 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. John King, attorney for Cingular Wireless and the American Legion, appeared and stated
there are coverage and capacity problems in that area of the city. Mr. Terry Bolar, technician for
Cingular Wireless, appeared and reviewed capacity problems on existing towers. Upon
questioning by Mr. Neumeyer, he stated that an additional tower will be needed on the south side
and a mini-tower at the university.
Mr. Larry Unde►•berg, I122 Yatricia, appeared in opposition to the request. He presented
concerns regarding health issues near an elementary school and a decrease in property values. He
presented a petition with 50 signatw•es in opposition to the request. Ms. Jean Underberg, I 122
Patricia, appeared and stated that a tower should not be placed within IS00 feet of a residential
area. She said that such towers are ugly and are incompatible with a residential area. It is an
attractive nuisance that children might climb on. She also stated it could reduce property values 10
to 20 percent.
Mr. Alex Christopher appeared in opposition to the request. He owns a pet care facility adjacent
to the proposed tower, and he expressed concerns with the health of the animals.
There being no further appearances, the hearing was closed.
BILL NO. 2001-67 was given first reading as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session� rn il 2, 2001 146
S31809
TAN ORDINANCE GRANTING A SPECIAL USE PERMIT TO AMERICAN LEGION LOUIS
� K. JUDEN POST 63 AND SOUTHWESTERN BELL WIRELESS N/K/A CINGULAR
WIRELESS, FOR PURPOSES OF CONSTRUCTING, MAINTAINWG AND OPERATING A
120-FOOT TELECOMMUNICATIONS MONOPOLE AND A 300 SQUARE FOOT
EQUIPMENT SHELTER AT 2731 THOMAS DRIVE, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
Mr. Hopkins made a motion to approve the first reading of BILL NO. 2001-67. The motion failed
due to lack of a second.
This being the date set for a public hearing regarding the request of David Mitchell Kinder to
rezone 2791 Lynwood Hills Drive fi•om R-I, 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 request of Cape Girardeau Church of
God for a special use permit for child care through the Early Head Start Program at 624 South
Ellis Street in an R-3, two family residential district, the hearing was opened. The City Planner's
('ouncil Letter in the agenda packet presented for the record a certified copy of the following
items: (I) Section 30-39 entitled "Special Use Regulations" fi�om the City Code, (2) the
Application for Special Use Permit, and (3) the Application file. Mr. John Goth, Pastor of the
Church of God, appeared in support of the request and to answer any questions. There being no
� further appearances, the hearing was closed.
BILL NO. 2001-69 was given first reading as follows:
AN ORDINANCE CRANT[NG A SPECIAL USE PERMIT TO CAPE GIRARDEAU CHURCH
OF GOD, FOR PURPOSES OF MAINTAINING AND OPERATING CHILD CARE
THROUGH THE EARLY HEAD START PROGRAM AT 624 SOUTH ELLIS STREET, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 2001-69 was approved upon Mr. Neumeyer's motion, Mr.
Hopkins' second, and the following vote: Ayes: Eggimann, Hopkins, Newneyer, Spradling,
Stoffregen, Wliite. Nays, none. �
This being the date set for a public hearing regarding the reyuest of Christ Evangelical
Presbyterian Church for a special use permit for church signage at 3037 Lexington Avenue in an
� R-I, 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. Rev. Art Hunt, pastor of the church, appeared in support of
the request and to answer any yuestions. There being no further appearances, the hearing was
closed.
I{ BILL NO. 2001-70 was given first reading as follows:
�
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AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CHRIST EVANGEUCAL i
PRESBYTERIAN CHURCH, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING CHURCH SIGNAGE AT 30:i7 LEXINGTON AVENUE, IN THE CITY AND �
� COUNTY OF CAPE G[RARDEAU, MISSOURI i
s! �
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOII April 2, 2001 147
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The first reading of BILL NO. 2001-70 was approved upon White's motion, Mr. Eggimann's
second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen,
White. Nays, none.
Ms. Jane Jackson appeared on behalf of the Lewis and Clark Bicentennial Committee in support of
the resolutions for a TEA-21 grant application for the Red House Interpretive Center Project and
the Lewis and Clark celebration in 2003. Dr. Frank Nickel appeared and gave a history and
overview of the Lewis and Clark Bicentennial Committee. Mr. Steve Strom presented a drawing
of the Red House to be rebuilt. Ms. Linda Nash stated that the grant application is to assist in
funding the improvements, and there will be no funding required from the city.
BI LL NO. 2001-77 was presented as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, FULLY ENDORSING THE EFFORTS OF THE LOCAL LEW[S AND CLARK
BICENTENNIAL COMMITTEE AND THE NOVEMBER 23, 2003 BICENTENNIAL
CELEBRATION
The reading of BILL NO. 2001-77 was approved and the resolution adopted upon Mr.
Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes: Eggimann,
Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-77 is
RESOLUTION NO. 1655.
BILL NO. 2001-76 was presented as follows:
RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AUTHORIZING
APPLICATION TO THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY (TEA-21) FUNDS FOR THE
RED HOUSE INTERPRETIVE CENTER PROJECT
The reading of BILL NO. 2001-76 was approved and the resolution adopted upon Mr.
Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes: Eggimann, Hopkins,
Neumeyer, Spradling, Stoffregen, White. Nays, none. B(LL NO. 2001-76 is RESOLUTION
NO. 16.56.
Mr. Stoffregen requested city staff review the notification procedures for issues coming before the
Planning and Zoning Commission and the City Council.
The following bills were given second and third readings:
BILL NO. 2001-56 AN ORDINANCE VACATING THE CITY'S WTEREST IN TWO
UTILITY POLE EASEMENTS IN SEABAUGH'S THIRD
SUBDIVISfON, IN THE CITY OF CAPE GIRARDEAIJ, MISSOURI
BILL NO. 2001-57 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
QUIT CLAIM DEED TO SOUTHEAST MISSOURI STATE
UNIVERSITY, FOR THE NEW MADRID STREET REALIGNMENT
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session A rn ;� 2, 2ooi 148
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BILL NO. 2001-58 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
QUIT CLAIM DEED TO L. TAYLOR BAHN AND NANCY JO
� BAHN, FOR THE HENDERSON/NEW MADRID STREET
INTERSECTION IMPROVEMENT PRO.IECT
� B[LL NO. 2001-59 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAYS
AND TRANSPORTATION COMMISSION, FOR AN ON-SYSTEM
BRIDGE REPLACEMENT AND REHABILITATION PROGRAM
BILL NO. 2001-60 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS,
PERMANENT DRAINAGE EASEMENTS, TEMPORARY
CONSTRUCTION EASEMENTS AND AN INGRESS-EGRESS
EASEMENT FROM ARMSTRONG HERITAGE, INC.,
MIDAMERICA HOTELS CORPORATION, EDWARD L. SNIDER
AND LURLYNE L. SNIDE, AND THE CAPE GIRARDEAU
SCHOOL BOARD FOR THE EXTENSION OF SOUTHERN
EXPRESSWAY AND THE REALIGNED SILVER SPRINGS/MT.
AUBURN INTERSECTION
BtLL NO. 2001-61 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247
OF THE CITY CODE, REPEALING CERTAIN NO PARKING ON
BROADWAY AND ESTABLISHING NEW NO PARKING ON
BROADWAY, [N THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 2001-65 AN ORDINANCE APPROVING THE RECORD PLAT OF WINKS
SUBDN(SION NUMBER I
BILL NO. 2001-66 AN ORDINANCE APPROVING THE RECORD PLAT OF BEAN'S
I IT" SUBDIVISION
The second and third readings of BILL NOs. 2001-56, 2001-57, 2001-58, 2001-59, 2001-60,
2001-61, 2001-65, and 2001-66 were approved and the ordinances adopted upon Mr. White's �
motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
� Spradling, Stoffregen, White. Nays, none. Mayor Spradling abstained for financial reasons on
BILL NO. 2001-66. BILL NO. 2001-56 is ORDINANCE NO. 2865; BILL NO. 2001-57 is
ORDINANCE NO. 2866; BILL NO. 2001-58 is ORDINANCE NO. 2867; BILL NO. 2001-59 is
ORDINANCE NO. 2868; BILL NO. 2001-60 is ORDINANCE NO. 2869; BILL NO. 2001-61 is
' ORDINANCE NO. 2870; B[LL NO. 2001-65 is ORDINANCE NO. 2871; BILL NO. 2001-66 is
� ORDINANCE NO. 2872.
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� BILL NO. 2001-68 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 2791
LYNWOOD HILLS DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
FROM R-I TO R-3
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�' (�;
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOII April 2, 2001 1�
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The first reading of BILL NO. 2001-68 was approved upon Mr. Hopkins' motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling,
Stoffregen, White. Nays, none.
Regarding the request of American Legion Louis K. Juden Post 63 and Southwestern Bell Wireless
(n/k/a) Cingular Wireless for a special use permit for a 120-foot telecommunications monopole,
and a 300 square foot equipment shelter at 2731 Thomas Drive in a G2, general commercial
district, Mr. Neumeyer made a motion, seconded by Mr. White, to adopt the findings and
conclusions denying the application, to accept Section 30-39 "Special use Regulations," the
application for special use permit, the application file, and the r•ecords of the Planning and Zoning
Commission and include these records in the findings and conclusions. The motion was approved
upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White.
Nays, none.
BILL NO. 2001-75 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT KINDER LYNWOOD SUBDIVISION
The ti�st reading of BILL NO. 2001-75 was approved upon Mr. Eggimann's motion, Mr. White's
second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Stoffregen, Spradling,
White. Nays, none.
BILL NO. 2001-71 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
The reading of BILL NO. 2001-71 was approved and the resolution adopted upon Mr. White's
motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-71 is RESOLUT(ON NO. 1657.
BI LL NO. 2001-72 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM
TO THE RODNEY STREET DESICN ADDENDUM TO THE GENERAL SERVICES
CONTRACT DATED OCTOBER 5, 1998, WITH BOWEN ENGINEERING AND
SURVEYING
The reading of BILL NO. 2001-72 was approved and the resolution adopted upon Mr. Eggimann's
motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-72 is RESOLUTION NO. 1658.
BI LL NO. 2001-73 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH TOM BEUSSINK EXCAVATING, INC. FOR THE NEW MADRID STREET FROM
PERRY AVENUE TO HENDERSON AVENUE PROJECT
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI A rp il 2, 2001 1�
531809
� The reading of BILL NO. 2001-73 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-73 is RESOLUTION NO. 1659.
BILL NO. 2001-74 was presented as follows:
A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI AUTHORIZING
APPLICATION TO THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE
TRANSPORTATION EQUITY ACT FOR THE 21"` CENTURY (TEA-21) FUNDS FOR
PHASE II OF THE RIVER WALK PROJECT
The reading of BILL NO. 2001-74 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-74 is RESOLUTION NO. 1660.
Mr. Dennis Bess, Mr. Felix Kinsley, Mr. Steven Peel and Mr. John Schneider were appointed to
the Historic Preservation Com►nission for terms expiring April 16, 2004, and Ms. Mary Christina
Manning was appointed for a term expiring April 16, 2002, upon Mr. Neumeyer's motion, Mr.
Eggimann's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Spradling,
Stoffregen, White. Nays, none.
Mr. Mark Strickland was appointed as a full member on the Board of Appeals for a term expiring
.lune 4, 2002, and Mr. Michael Annis was appointed as an alternate member for a term expiring
.lune 4, 2004, upon Mr. White's motion, Mr. Stoffregen's second, and the following vote: Ayes:
Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays, none.
A retail liquor by the drink and Sunday sales license was conditionally approved for Zeffelin O
Wrice/Orlando & Company LLC, d/b/a Mardi Gras Cajun Cookin, 10�4 Broadway, Zeffelin O
Wrice, Managing Officer, upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following
vote: Ayes: Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays, none.
� There being no further business, the Council adjourned upon Mr. Stoffi•egen's motion, Mr.
Neumeye►•'s second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling,
�
Stoffregen, White. Nays, none.
��
A. . Spradling, III, Mayor
� �(_%,LL � 1};, �„
� Gayle . Conrad, City Clerk
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