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HomeMy WebLinkAboutCouncil.Minutes.07-02-2001 Proceedings of the City Council, City of Cape Girardeau, Mo. —����lar S2SS1011 ��� �nm �n� � 53/809 REGULAR SESSION—JULY 2,2001 Council convened in regular session on Monday, July 2, 2001, at 7:00 p.m. with Mayor Albert M. Spradling III presiding and Council Members Richard Eggimann, Matt Hopkins, Tom Neumeyer, Jay Purcell, Frank Stoffregen and Hugh White present. The invocation was presented by Rev. James Sanderson of Centenary United Methodist Church, and the Pledge of Allegiance was recited. The minutes of the June 18, 2001, regular session were approved upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none. The agenda was adopted as distributed upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays,none. This being the date set for a public hearing to consider vacating the city's interest in a 4' utility pole easement located under property at 1721 Crestwood Drive in Oak Hills Subdivision, 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 Paul E. Statler Trust and the Rebel Group, LLC to rezone the southwest corner of the intersection of Silver Springs Road and Shawnee Parkway (State Highway 74) from R-1, single family residential district, to C-2, general commercial district, the hearing was opened. Mr. Virgil Jones of the Rebel Group appeared and stated that a commercial building with retail office space is planned to be built on this property. Mr. Wilver Wessell, an adjoining property owner, appeared and expressed his thanks to the City Council for the opportunity to previously express his opinion on this request. Upon questioning by Mr. Neumeyer, Mr. Jones explained that there are no plans to maintain a green space between this property and the adjoining properties. There being no further appearances,the hearing was closed. BILL NO. 2001-136 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 THE SOUTHWEST CORNER OF THE INTERSECTION OF SOUTH SILVER SPRINGS ROAD AND SHAWNEE PARKWAY, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO G2 The first reading of BILL NO. 2001-136 was approved upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none. This being the date set for a public hearing regarding the request of James Franklin Coley and Eldon Gene Nattier to rezone 611 South Sprigg Street from R-3, two family residential district, to C-1, local commercial district, the hearing was opened. Mr. James Coley, owner of the property, appeared and explained that he and his partner, Eldon Nattier, have been renovating the building on this property for two years to be used as a bed and breakfast. He gave the history of the property and stated that there is adequate parking in the rear. Mr. Eldon Nattier appeared and explained that he and his partner have attempted to work very closely with the city on this renovation. There being no further appearances,the hearing was closed. Proceedings of the City Council, City of Cape Girardeau, Mo. Reuular Session .�, 2QD1 2�1)__ 531809 BILL NO. 2001-137 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 611 SOUTH SPRIGG STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-3 TO � G1 � ! The first reading of BILL NO. 2001-137 was approved upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays,none. This being the date set for a public hearing regarding the request of Cape Girardeau School District No. 63 to rezone 61 North Clark Avenue from R-4, multiple family residential district, to M-1, light industrial district, the hearing was opened. Mr. Rob Huff, Secretary of the Board of Education, appeared to answer questions. He stated the administrative building should be vacated within a year. There being no further appearances,the hearing was closed. BILL NO. 2001-138 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 61 NORTH CLARK AVENUE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 � TO M-1 The first reading of BILL NO. 2001-138 was approved upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays,none. This being the date set for a public hearing regarding the request of Darrell Brown, Marilyn Singleton, and Charleen Back for a special use permit for a 100-foot telecommunication flagpole and a 300-foot ± equipment building for Southwestern Bell Wireless at 755 South Kingshighway in an M-1, light industrial district, the hearing was opened. Mr. John King, attorney, appeared on , behalf of the applicant and reviewed the purpose and location of the proposed tower. The tower �� will be constructed to allow two additional co-locations for other cellular companies. Mr. Tenance Boller of Southwestern Bell explained the necessity for a tower in this location. In addition, he stated that once a few more towers are installed in the city, there will be enough coverage for Cape Girardeau,but it will be necessary to add capacity. At the present time there are � no companies in the city co-locating on the same tower; however, there are three towers in the city i I that have this capability. There being no further appearances,the hearing was closed. !+ �� BILL NO. 2001-139 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GMAC PONTIAC, INC., � (� DARRELL BROWN, MARILYN SINGLETON AND CHARLEEN BACK, FOR PURPOSES � OF CONSTRUCTING, MAINTAINING AND OPERATING A TELECOMMUNICATION FLAGPOLE AND AN EQUIPMENT BUII.DING FOR SOUTHWESTERN BELL WIRELESS AT 755 SOUTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI � �� E . i Proceedings of the City Council, City of Cape Girardeau, Mo. �gu�� SeSSlOt1 .i.u�� �nn� �_ 531809 The first reading of BILL NO. 2001-139 was approved upon Mr. Purcell's motion, Mr. Stoffregen's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none. This being the date set for a public hearing regarding the request of Rupert C. and Helen V. Meyer and Thomas L. and Helen M. Meyer and The Metropolitan Community Church of Southeast Missouri for a special use permit for a church and church related work at 833 North Spanish Street in an R-2, single family residential district, the hearing was opened. Rev. Neil Zeilinger, Pastor of the Church, appeared and stated that this church has been in the city for approximately four years but has been renting a building. Mr. Thomas L. Meyer appeared and stated he and his brother own this property and requested approval of the request. There being no further appearances, the hearing was closed. BILL NO. 2001-140 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RUPERT C. MEYER, HELEN V. MEYER, THOMAS L. MEYER, HELEN M. MEYER AND THE METROPOLITAN COMMUNITY CHURCH OF SOUTHEAST MISSOURI, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CHURCH AND CHURCH RELATED WORK AT 833 NORTH SPANISH STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI The first reading of BII,L NO. 2001-140 was approved upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays,none. Mayor Spradling abstained for financial reasons. Mr. Hopkins thanked City Engineer Mark Lester for the quick response in completing the work on the roundabout at Gordonville and Silver Springs Roads. Mayor Spradling announced that through the joint effort of the city and several local businesses, there would be a fireworks display on the river on the 4"' of July. The municipal band will perform near the clock on Themis Street at 8:00 p.m., and the fireworks will follow. The following bills were given second and third readings: BILL NO. 2001-123 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER CHAPTER 53 (5311)OF TITLE 49,LJNITED STATES CODE BILL NO. 2001-128 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KELLEY TRANSPORTATION CO., INC. FOR SUBSIDIZED TRANSPORTATION COUPON SERVICES BILL NO. 2001-132 AN ORDINANCE APPROPRIATING FUNDS FOR PUBLIC WORKS, PARK CAPITAL IMPROVEMENT, INTERNAL SERVICES, PUBLIC SAFETY, PARKS AND RECREATION, 1NTERDEPARTMENTAL, GENERAL FUND TRANSFERS, AND DEVELOPMENTAL � SERVICES, iN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Reaw� Session auiT2, Zoa� „? 531809 � � The second and third readings of BILL NOs. 2001-123, 2001-128 and 2001-132 were approved and the ordinances adopted upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. � , � BILL NO. 2001-123 is ORDINANCE NO. 2904; BILL NO. 2001-128 is ORDINANCE NO. 2905 BILL NO. 2001-132 is ORDINANCE NO. 2906. � i BILL NO. 2001-134 was given first reading as follows: i i AN ORDINANCE VACATING THE CITY'S INTEREST IN A UTILITY POLE EASEMENT AT 1721 CRESTWOOD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2001-134 was approved upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays,none. BILL NO. 2001-135 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 16-G, A SUBDNISION OF TRUNK SEWER DISTRICT NO. 16, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2001-135 was approved upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, � Stoffregen, White. Nays,none. BILL NO. 2001-141 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO EXECUTE A LETTER OF INTENT WITH THE COUNTY OF CAPE �! GIRARDEAU, MISSOURI AND CITY OF JACKSON, MISSOURI, RELATING TO THE !; CONTINUED PARTICIPATION IN THE I-55 JACKSON/CAPE GIRARDEAU CORRIDOR PROJECTS AGREEMENT i' The first reading of BILL NO. 2001-141 was approved upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays,none. i� BILL NO. 2001-142 was given first reading as follows: � �� AN ORDINANCE AMENDING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. � 14-1-D-5, A SUBDIVISION OF TRLTNK SEWER DISTRICT NO. 14-1-D, APPROVING THE �j PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SANITARY i� LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14-1-D-5, LTNDER A PRIVATE f� CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE �I GIRARDEAU, MISSOURI � ii I�The first reading of BILL NO. 2001-142 was approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none. ;� I� �� 4� Proceedings of the City Council, City of Cape Girardeau, Mo. �ggalar S@SSIOtI ���� �nm �.3_ --- - - 531809--- -- - - BILL NO. 2001-143 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON CLARK AVENUE, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 2001-143 was approved upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays,none. BILL NO. 2001-144 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH DSW DEVELOPMENT CORPORATION, BLUFF CITY BEER COMPANY, EUGENE HOLLOWAY AND MARSHA HOLLOWAY, DRURY LAND DEVELOPMENT INC., DRURY DEVELOPMENT CORPORATION AND DRURY SOUTHWEST, INC. FOR THE DONATION OF RIGHT-OF-WAY AND THE WIDENING OF SIEMERS DRIVE FROM CAMPSTER DRIVE SOUTH TO BLOOMFIELD ROAD, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The reading of BILL NO. 2001-144 was approved and the resolution adopted upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-144 is RESOLUTION NO. 1684. BILL NO. 2001-145 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH EUGENE HOLLOWAY AND MARSHA HOLLOWAY, TO PLACE CERTAIN IMPROVEMENTS AND CONDUCT CERTAIN ACTNITIES ON CITY RIGHT-OF-WAY AT 410 SIEMERS DRIVE The reading of BILL NO. 2001-145 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-145 is RESOLUTION NO. 1685. BILL NO. 2001-146 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH BLUFF CITY BEER COMPANY, TO PLACE CERTAIN IMPROVEMENTS AND CONDUCT CERTAIN ACTIVITIES ON CITY RIGHT-OF-WAY AT 450 SIEMERS DRIVE The reading of BILL NO. 2001-146 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-146 is RESOLUTION NO. 1686. Proceedings of the City Council, City of Cape Girardeau, Mo. Reg.ular S@SSIOCI JulT2, 2001 2��— S31809 �I BILL NO. 2001-147 was presented as follows: I � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND i INDEMNITY AGREEMENT WITH DSW DEVELOPMENT, TO PLACE CERTAIN � � IMPROVEMENTS AND CONDUCT CERTAIN ACTIVITIES ON CITY RIGHT-OF-WAY AT � 471,433, 411, AND 385 SIEMERS DRIVE � The reading of BILL NO. 2001-147 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. White's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-147 is RESOLUTION NO. 1687. BILL NO. 2001-148 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO GRANT RIGHT-OF-WAY WITH BLUFF CITY BEER, INC., FOR THE SIEMERS DRIVE PROJECT The reading of BILL NO. 2001-148 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. White's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-148 is RESOLUTION NO. 1688. Mayor Spradling announced that the liquor license for SEMO Gas, Inc. d/b/a William Street Station, 1101 William, Toni Majeed,Managing Officer, was withdrawn at the applicant's request. Mr. Tom Mogelnicki, Mr. Robert Cox, Mr. Raymond Buhs and Mr. R. J. McKinney were appointed to the Planning and Zoning Commission for their unexpired terms upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays,none. There being no further business, the Council ad' urned upon Mr. Eggimann's motion, Mr. I Purcell's second, and the following vote: es, Eg � ann, Hopkins, Neumeyer, Purcell, �� Spradling, Stoffregen,White. Nays,none. E � A. M. Spradling III, Mayor l � � . � � . ,� �� �� �. � , �� Gayle L'. Conrad, City Clerk �f i I i i 1� !) �i I � f� �