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HomeMy WebLinkAboutCouncil.Minutes.04-02-2001 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SG'SSIOtI April 2, 2001 145 --- --- 53/809 -- - - � 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: � � 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 - -- S31809 ---- --- 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 531809 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. i � 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 � i �' (�; Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOII April 2, 2001 1� --- ---�-S31809 -- - 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 ! i � � � I i � I �; �