HomeMy WebLinkAboutCouncil.Minutes.08-20-2001 Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI August 20, 2001 237
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REGULAR SESSION—AUGUST 20,2001
Council convened in regular session on Monday, August 20, 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 Pastor William Burke, First Church of the Nazarene, and the
Pledge of Allegiance was recited.
The City Council convened in closed session prior to the regular session for purposes of discussing
confidential or privileged communications with its attorney pursuant to RSMo. Section 610-021(1)
and purchase or sale of real estate pursuant to RSMo. Section 610-021(2), upon Mr. Neumeyer's
motion, Mr. Purcell's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer,
Purcell, Spradling, Stoffregen,White. Nays,none.
The minutes of the August 6, 2001, regular and closed sessions were approved upon Mr.
Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes: Eggimann, Hopkins,
Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none.
ThP agenda was adopted as distributed upon Mr. Eggimann's motion, Mr. Purcell's second, and
the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White.
Nays,none.
Mayor Spradling announced that the special use permit application by the First Assembly of God
Church for a da.y care center in the 3700 block of Old Hopper Road was withdrawn by the church
and, therefore, BI�L NO. 2001-156 would also be withdrawn from the agenda. Mr. Purcell stated
that there were several people present from the area, and he asked the Mayor to explain what
happened with the request. Mayor Spradling responded that the City received a letter from the
church indicating they wanted to withdraw the request for the special use permit because a special
use permit is not needed for church ministries.
Mayor Spradling called for the appearance of Mr. Frank Snider; however, Mr. Snider was not
present.
The following bills were given second and third readings:
BILL NO. 2001-154 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
BY CHANGING THE ZONING OF THE NORTH SI�E OF
LEXINGTON AVENUE, BETWEEN PERRYVILLE ROAD AND
STEVEN DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI FROM R-1 TO R-4
BII.L NO. 2001-155 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
GREATER MISSOURI BUILDERS, INC. AND TYSON P. ZAHNER,
FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND
OPERATING A DRNE-1N RESTAURANT IN A 12-FOOT BY 28-
FOOT PORTABLE BUILDING, 1N THE 2100 BLOCK OF WILLIAM
STREET ('I'OWN PLAZA PARKING LOT), 1N THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI August 20, 2001 238
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� BILL NO. 2001-159 AN ORDINANCE ACCEPTING A GENERAL WARRANTI' DEED T
� AND A QUIT CLAIM DEED FROM RANDOL FARMS
DEVELOPMENT, INC. FOR THE KENT DRIVE PROJECT
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BILL NO. 2001-160 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED, �
� PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION fi
; EASEMENT FROM CHARLES L. DRURY, TRUSTEE OF CHARLES !�
L. DRURY REVOCABLE TRUST DATED MARCH 6, 1989, FOR ?�
THE BLOOMFIELD ROAD II PROJECT
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BILL NO. 2001-161 AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE
RELATING TO LOWERING THE BLOOD ALCOHOL CONTENT
� LEVEL NECESSARY FOR A CONVICTION OF DRNING WITH
EXCESSNE BLOOD ALCOHOL CONTENT FROM .10 TO .08
BILL NO. 2001-163 AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE
RELATING TO POSSESSION OR CONSUMPTION OF ALCOHOL
IN PUBLIC
� BILL NO. 2001-164 AN ORDINANCE AMENDING SECTION 19-9 OF THE CITY CODE j�
RELATING TO PERSONNEL POLICIES, APPEALS AND DUE i�
PROCESS PROCEDURE
BII,L NO. 2001-165 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 �
OF THE CITY CODE, REPEALING AND ESTABLISHING NO i
PARKING ON HENDERSON AVENUE, IN THE CITY OF CAPE �
� GIRARDEAU,MISSOURI �
BILL NO. 2001-167 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAYS
AND TRANSPORTATION COMMISSION, FOR THE
1NSTALLATION OF A TRAFFIC SIGNAL BY OTHERS, TO BE
MAINTAINED BY THE COMMISSION
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� The second and third readings of BILL NOs. 2001-154, 2001-155, 2001-159, 2001-160, 2001-
161, 2001-163, 2001-164, 2001-165 and 2001-167 were approved and the ordinances adopted
upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann,
�I Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-154 is
� ORDINANCE NO. 2920; BILL NO. 2001-155 is ORDINANCE NO. 2921; BILL NO. 2001-159
is ORDINANCE NO. 2922; BILL NO. 2001-160 is ORDINANCE NO. 2923; BILL NO. 2001-
161 is ORDINANCE NO. 2924; BILL NO. 2001-163 is ORDINANCE NO. 2925; BILL NO.
2001-164 is ORDINANCE NO. 2926; BILL NO. 2001-165 is ORDINANCE NO. 2927; BILL
NO. 2001-167 is ORDINANCE NO. 2928.
BILL NO. 2001-168 was given second and third readings as follows: �
AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE
TAX; LIBRARY FUND TAX; PUBLIC HEALTH TAX; DEBT SERVICE FUND TAX;
SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE
30TH DAY OF JUNE, 2002
Proceedings of the City Council, City of Cape Girardeau, Mo.
Reuular S@SSIOCI August 20, 2001 239
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Mr. Eggimann made a motion, seconded by Mr. Hopkins,to approve the second and third readings
of BILL NO. 2001-168 and to adopt the ordinance. Mr. White made a motion, seconded by Mr.
Stoffregen, to amend the tax levy rates in the ordinance as follows: Article I from .32 to .3128,
Article II from .17 to .1664, Article III from .06 to .0586, and in Article V from .79 to .7838. The
amending motion was approved upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer,
Purcell, Spradling, Stoffregen,White. Nays,none. The original motion was approved as amended
upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen,
White. Nays,none. BILL NO. 2001-168 is ORDINANCE NO. 2929.
BILL NO. 2001-170 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 15-16 OF THE CITY CODE, RELATING TO
PROHIBITING SELLING OR SOLICITING CONTRIBUTIONS ON PUBLIC STREETS,
INTERSECTIONS OR SIDEWALKS
The first reading of BILL NO. 2001-170 was approved upon Mr. Eggimann's motion, Mr.
Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen,White. Nays,none.
BILL NO. 2001-172 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF SHERWOOD VALLEY
SUBDNISION
The first reading of BII,L NO. 2001-172 was approved upon Mr. Hopkins' motion, Mr. Purcell's
second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen,White. Nays,none.
BILL NO. 2001-173 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF WOODLAND PLACE
SUBDIVISION NUMBER 10
The first reading of BILL NO. 2001-173 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.
BILL NO. 2001-177 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF UNIVERSAL REAL ESTATE
INCORPORATED FIRST TOWNHOUSES -AMENDED
The first reading of BILL NO. 2001-177 was approved upon Mr. Hopkins' motion, Mr. Purcell's
second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White.
Nays,none. Mayor Spradling abstained for financial reasons.
BILL NO. 2001-175 was given first reading as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCt August 20, 2001 240
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;; AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR KENT DRIVE FROM THE �
'� EXITING PAVEMENT IN WOODLAND HILLS SUBDNISION TO LEXINGTON AVENUE, ;i
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ii IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE �j
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;; OF SPECIAL TAX BILLS THEREFOR
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;j The first reading of BILL NO. 2001-175 was approved upon Mr. Eggimann's motion, Mr. ;;
91 Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
;� Spradling, Stoffregen,White. Nays,none.
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� The final payment to Lappe Cement Finishing, Inc. for the improvement of Kent Street from the j+'
�' existing pavement in Woodland Hills Estates to Lexington Avenue was approved upon Mr. �'
�� White's motion, Mr. Hopkins' second, and the following vote: Ayes: Eggimann, Hopkins,
i� Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none. �
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!I BIL,L NO. 2001-178 was given first reading as follows: �'
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!( AN ORDINANCE APPROVING THE DELIVERY OF $2,645,000 PRINCIPAL AMOUNT OF
I� CERTIFICATES OF PARTICIPATION (CITY OF CAPE GIRARDEAU, MISSOURI, ;!
�� AIIZPORT FACILITIES PROJECT), SERIES 2001A, AND $150,000 PRINCIPAL AMOiJNT I
;i OF TAXABLE CERTIFICATES OF PARTICIPATION (CITY OF CAPE GIRARDEAU, ;I
i� MISSOURI AIRPORT FACILITIES PROJECT), SERIES 2001B, FOR THE PURPOSE OF �!
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�� PROVIDING FUNDS TO PAY THE COSTS OF A PROJECT FOR RENAISSANCE ��
� AIRCRAFT LLC; AUTHORIZING THE APPROVAL AND APPROVING CERTAIN ��
�' DOCUMENTS IN CONNECTION WITH THE DELNERY OF THE CERTIFICATES; AND ai
,'j AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE DELIVERY �!
+' OF THE CERTIFICATES
i� i�
;� The first reading of BILL NO. 2001-165 was approved upon Mr. Hopkins' motion, Mr. Purcell's !�
�' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, �;
f;
I; Stoffregen,White. Nays,none. ;�
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!; BILL NO. 2001-166 was presented as follows: �i
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�f A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIR SERVICE �I
�, DEVELOPMENT SERVICES RETAINER AGREEMENT WITH KIEHL HENDRICKSON �i
�! GROUP, AT THE CAPE GIRARDEAU REGIONAL AIItPORT
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;; The reading of BILL NO. 2001-166 was approved and the resolution adopted upon Mr. ''
�� Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, '
j Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BIL,L NO. 2001-166 is �
;; RESOLUTION NO. 1694.
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i BILL NO. 2001-169 was presented as follows: !
� ,
! A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AUTHORIZING AN ��
!� APPLICATION FOR GRANT FUNDING, UNDER THE HISTORIC PRESERVATION j�
;! PROGRAM OF THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, AND ;�
i EXECUTION OF ALL NECESSARY GRANT DOCUMENTS ;
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI August 20,2001 241
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The reading of BILL NO. 2001-169 was approved and the resolution adopted upon Mr.
Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins,
Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-169 is
RESOLUTION NO. 1695.
BILL NO. 2001-171 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH BROTKE WELL & PUMP, 1NC., FOR THE CAPE ROCK WATER TREATMENT
PLANT EXPANSION AND ALLUVIAL WELL FIELD CONSTRUCTION, WELL PUMPS
PROCUREMENT PHASE 1
The reading of BILL NO. 2001-171 was approved and the resolution adopted upon Mr. White's
motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-171 is RESOLUTION NO.
1696.
BILL NO. 2001-174 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 2A/AUTHORIZATION NO. 10 TO THE MASTER SERVICES AGREEMENT WITH
BURNS & McDONNELL ENGINEERING COMPANY, 1NC., FOR DESIGN ENGINEERING,
BID-PHASE, CONSTRUCTION-PHASE, START-UP AND POST-CONSTRUCTION PHASE
SERVICES AT THE CAPE ROCK TREATMENT PLANT
The reading of BILL NO. 2001-174 was approved and the resolution adopted upon Mr. White's
motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-174 is RESOLUTION NO.
1697.
BILL NO. 2001-176 was presented as follows:
A RESOLUTION ESTABLISHING THE MAXIMUM ANNLJAL ASSESSMENT POLICY
FOR TRANSPORTATION TRUST FUND PROJECTS FOR THE CALENDAR YEAR 2001
The reading of BILL NO. 2001-176 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. 2001-176 is RESOLUTION NO.
1698. Upon questioning by Mr. White, City Manager Michael Miller explained that the difference
in the assessment of commercial street widening from TTF-I to TTF-II is based on policy changes
and on yearly averages for projects bid by the City.
Mr. Leonard Jansen was appointed to the Board of Examiners for a term expiring January l, 2004,
upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes: Eggimann,
Hopkins,Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none.
Ms. Robin Seiler was appointed to the Historic Preservation Commission for a term expiring April
16, 2003, upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes:
Eggimann,Hopkins,Neumeyer,Purcell, Spradling, Stoffregen,White. Nays,none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI August 20, 2001 242
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Mr. Hopkins made a motion, seconded by Mr. Eggimann, to approve a temporary 5/o beer by the '
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;� drink license for Kiwanis Club of Cape Girardeau for an event to be held September 8, 2001, in >i
j� the 000 block of Themis Street, Joe H. Anders, Managing Officer. The motion was approved '�
'' upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell Spradling, Stoffregen, ;�,
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;j White. Nays,none.
' Mr. Neumeyer made a motion, seconded by Mr. Stoffregen, to authorize the request of Old Town
�� Cape to allow open liquor containers and consumption of alcohol on September 8, 2001, in a
ii designated area in downtown Cape, with the area being restricted to Water and Main Street from
Broadway to Independence, and Themis Street from Spanish to Water Streets. The motion was
i! approved upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, ;;
�� Stoffregen, White. Nays,none. ;��
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�� The effluent from a sanitary sewer line to serve the new Cape Girardeau Public School Career �;
�� Center (Vo-Tech) on South Silver Springs Road was accepted into the city's system upon Mr. ;j
�i Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes: Eggimann, Hopkins, i?
,�
+; Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none. zi
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; The improvement plans for the improvements in Woodland Place Subdivision No. 10 were ;f
i� approved upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes: ;�
;; Eggimann, Hopkins,Neumeyer, Purcell, Spradling, Stoffregen, White. Nays,none. �
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�; The extension of the water distribution system to serve the McCulley Apartments at 431 Oliver i;
j'� Street was accepted into the city's system upon Mr. Neumeyer's motion, Mr. Hopkins' second, I'
and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, ;;
White. Nays,none. "
i; During it study session, the City Council had a discussion regarding compensation for Council ';
�� members. Afterwards, Mr. Stoffregen stated that the City Council is overdue for an increase in ';
'! compensation;however, due to the tight budget he would not discuss the issue further. ;;
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;� There being no further business, the Council adjourned upon Mr. Eggimann's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays,none.
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Richard L. Eggimann,Mayor Pro Tem i
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;� Gayle L. nrad, City Clerk
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