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Home My WebLink AboutCouncil.Minutes.01-22-2002.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI January 22, 2042 301 — —- -- — - — S31809 �....... . ...,....,._...,. REGULAR SESSION-JANUARY 22,2002 The Cape Girardeau City Council convened in regular session on Tuesday, January 22, 2002, at 7:00 p.m. with Mayor Albert M. Spradling III presiding and Council Members Richazd Eggimann, Matthew Hopkins,Tom Neumeyer,Jay Purcell,Frank Stoffregen and Hugh White present. The invocation was presented by Rev. Paul Short, St. Andrews Lutheran Church, and the Pledge of Allegiance was recited. The minutes of the January 7, 2002,regulaz session were approved upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, 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,Neumeyer,Purcell, Spradling, Stoffregen,White. Nays, none. Mayor Spradling welcomed Boy Scout Troop 5 from the VFW that were attending the meeting as part of a merit badge project. This being the date set for a public hearing to consider vacating the city's interest in a 15' utility easement running between Lots 2 and 3 of Kinder Lynwood Hills Estates Subdivision No. 1, the hearing was opened. T'here being no appeazances,the hearing was closed. Ms. Julia Howes Jorgensen presented information regazding the United We Read Program that will be held during the month of February. This is a program to connect citizens to literature through reading and discussion of The Painted House. Discussions will held throughout the City during the month of February,and she invited everyone to participate. Mr. Paul Berens appeared regarding items 11 and 12 on the agenda relating to annexation, a special use permit and rezoning at Cape La Croix Road and Deer Creek Road. He confirmed the details of the annexation and zoning,and then stated he supported the matter. Mr. James Colley, 611 South Sprigg, appeared regazding problems he encountered with the Inspection Services Office when renovating the building at this address for a bed and breakfast. He stated it is difficult to get a licensed contractor to bid on the project because most did not want to work with the inspectors in Cape. He reviewed some difficulties he had, including problems with electrical yviring, and he stated that many of the city's building restrictions will prohibit the renovation of the Mazquette Hotel. Following comments by Mr. Stoffregen and Mr. Purcell, Mr. Eggimann requested that Mr. Colley put in writing the specific problems he had with the Inspection Services Office and the building codes and submit those to the city so they can be reviewed. Mr. Stoffregen questioned why there were cameras on the traf�ic light poles at Route K and Interstate 55. Police Chief Steve Strong replied that these were placed there by the Missouri Department of Transportation and aze not part of the red light enforcement. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOtI January 22, 2042 302 S31809 ^ I The following bills were given second and third readings: � i !� BILL NO. 02-1 AN ORDINANCE APPROVING THE RECORD PLAT OF SHAWN � PLACE SUBDIVISION � fBILL NO. 02-2 AN ORDINANCE APPROVING THE RECORD PLAT OF SPANISH � j I STREET CONDOMINNMS PLAT NO. 1 f � BILL NO. 02-3 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTiNG THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, OF MAKING �� CERTAIN SEWER IMPROVEMENTS TO SERVE THE LAKESHORE DRNE AREA, LATERAL SEWER DISTRICT NO. 14-M-2, IN THE CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. 02-4 AN ORDiNANCE LEVYING A SPECIAL ASSESSMENT FOR THE 2000-1 4 INCH ASPHALTIC PAVEMENT PROGRAM OF THE TRANSPORTATION TRUST FUND, FOR THE IMPROVEMENT OF TIMON WAY FROM BIG BEND ROAD TO DUMAIS DRIVE; DEPAUL LANE FROM COUNTRY CLUB DRNE TO THE FIRST DRNEWAY; DONNA LANE FROM TIMON WAY TO THE DEAD END; NORTH LORIMIER STREET FROM MILL STREET TO PEARL STREET; PEARL STREET FROM NORTH LORIMIER STREET TO FOUNTAIN STREET; HUNTERS LANE FROM BOULDER CREST DRNE TO THE DEAD END; COLLINS DRNE FROM MT. AUBURN ROAD TO A DEAD END; HUNZE DRIVE FROM COLLINS DRIVE � TO HOPPER ROAD; HILL STREET (RIVERVIEW DRIVE) FROM RAND STREET TO JOHNSON STREET; AND HILL STREET (ROBERTS STREET) FROM EXISTING HILL STREET TO A DEAD END, IN THE CITY OF CAPE GIRARDEAU, MISSOURI AND � ,, AUTHORIZING THE ISSUING OF TAX BILLS THEREFOR 1 BILL NO. 02-6 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI,UPON THE REQUEST OF THE WII..LIAM O.L. SEABAUGH VOLUNTARY TRUST, BY WILLIAM F. f, SEABAUGH, TRUSTEE, AND THE PATRICIA L.,.SEABAUGH 'I VOLUNTARY TRUST,BY PATRICIA L. SEABAUGH,TRUSTEE �; BILL NO. 02-7 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF � ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, I BY CHANGING THE ZONING OF THE SQUTHWE$T CORNER OF � CAPE LA CROIX ROAD (ROUTE V� AND DEER CREEK ROAD, E CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 � ?i TO R-1 AND R-4 !i �� I �i ;� ;� Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI January 22, 2002 303 ----- 537809 .�.._.,... _. .... ._.....___._ ..._.. _ .. .. . _ _ .....,_..__ BILL NO. 02-8 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE WILLIAM O. L. SEABAUGH VOLUNTARY TRUST, THE PATRICIA L. SEABAUGH VOLUNTARY TRUST AND AMERICARE PROPERTIES, 1NC., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A COMMUNITY UNIT PLAN FOR AN ASSISTED LIVING FACILITY FOR THE ELDERLY,AT THE SOUTHWEST CORNER OF CAPE LA CROIX ROAD (ROUTE V� AND DEER CREEK ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI The second and third readings of BILL NOs. 02-1, 02-2, 02-3, 02-4, 02-6, 02-7 and 02-8 were approved and the ordinances 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. 02-1 is ORDINANCE NO. 2959; BILL NO. 02-2 is ORDINANCE NO. 2960; BILL NO. 02-3 is ORDINANCE NO. 2961; BILL NO. 02-4 is ORDINANCE NO. 2962; BILL NO. 02-6 is ORDINANCE NO. 2963; BILL NO. 02-'7 is ORDINANCE NO. 2964; BILL NO. 02-8 is ORDINANCE NO. 2965. BILL NO. 02-16 was given first reading as follows: AN ORDINANCE AMENDING SECTION 7-311 OF THE CITY CODE RELATING TO SIDEWALKS AND WEEDS The first reading of BILL NO. 02-16 was approved upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none. Mr. Eggimann eaLplained that it has always been the city' s policy that residents maintain their property all the way to the curb line. BILL NO. 02-17 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST 1N A UTILITY EASEMENT IN KINDER LYNWOOD HILLS ESTATES SUBDIVISION NUMBER ONE, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 02-17 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. 02-19 was given first reading as follows: AN ORDINANCE CREATING A COMMISSION TO BE KNOWN AS THE TAX INCREMENT FINANCING COMMISSION OF THE CITY OF CAPE GIRARDEAU,MISSOURI; PROVIDING ` FOR THE APPOINTMENT OF ITS MEMBERS; AND ESTABLISHING CERTAIN POLICIES AND PROCEDURES RELATING TO BIDS AND PROPOSALS FOR TAX INCREMENT REDEVELOPMENT PROJECTS The fust reading of BILL NO. 02-19 was approved upon Mr. Hopkins' 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 SQSSIOtI January 22, 2002 304 -- S31809 - � —� BILL NO. 02-11 was presented as follows: � i i A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT �I WITH CAPE AIR CHARTER, FOR FIXED BASE OPERATION CONSULTING SERVICES AT b � THE CAPE GIRARDEAU REGIONAL AIRPORT IThe reading of BILL NO. 02-11 was approved and the resolution adopted upon Mr. Eggimann's I motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling,Stoffregen,White. Nays,none. BILL NO. 02-11 is RESOLUTION NO. 1748. BILL NO. 02-14 was presented as follows: A RESOLUTION AUTHORIIZINNG THE CITY MANAGER TO EXECUTE A VEHICLE LOCKOUT SERVICE AGREEMENT, WITH SEABAUGH'S AUTO REPAIR AND WRECKER SERVICE The reading of BILL NO. 02-14 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none. BILL NO. 02-14 is RESOLUTION NO. 1749. � BILL NO. 02-15 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A BILL OF SALE TO THE CITY OF DEXTER FOR A TRUCK KENNEL The reading of BILL NO. 02-15 was approved and the resolution adopted upon Mr. Stoffregen's motion,Mr. White's second,and the following vote: Ayes,Eggimann,Hopkins,Neumeyer, Purcell, Spradling,Stoffregen,White. Nays,none. BILL NO. 02-15 is RESOLUTION NO. 1750. BILL NO. 02-18 was presented as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION FROM PRESTWICK HOLDINGS, L.L.C., AND PATRICK F. EVANS, AND SETTING A PUBLIC , I� HEARING REGARDING THE PROPOSED ANNEXATION � IThe reading of BILL NO. 02-18 was approved and the resolution adopted upon Mr. Eggimann's 1 motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling,Stof�'regen,White. Nays,none. BILL NO. 02-18 is RESOLUTION NO. 1751. 1� i� Mr. Phillip Brinson was appointed to the Special Business District Advisory Commission for a term i 1 expiring June 30, 2003, upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes,Eggixnann,Hopkins,Neumeyer,Purcell,Spradling,Stoffregen,White. Nays,none. �! i� 3 Mr. John Eaton was appointed to the Planning and Zoning Commission for a term expiring � I� November 1,2002,upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, �! Eggimann,Hopkins,Neumeyer,Purcell, Spradlmg, Stoffregen,White. Nays,none. � � � �; � 4� I 'i �i� Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SgSSIOII January 22, 2002 3nc ---— 537809 -..., ... .. . . ......._,_. _...... .._ ......_ . ames Banken and Mr. Walter Wildman were appointed to the Golf Course Advisory Board for terms expiring January 18, 2005, upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins,Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The following individuals were appointed as full members to the Boazd of Adjustment upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,Purcell,Spradling,Stoffregen,White. Nays,none. Jess Hopple term expiring March 6,2004 Mark Buerck term expiring March 6,2005 Larry Dowdy term expiring March 6,2007 Mr. Clifford Crosnce and Mr. Edward Hart were appointed as alternate members to the Board of Adjustment for terms expiring September 4,2005,upon Mr. Hopkins'motion,Mr. Purcell's second, and the following vote:Ayes,Eggimann,Hopkins,Neumeyer,Purcell, Spradling, Stoffregen,White. Nays,none. A 5% beer by the drink license for David McAllister d/b/a Mac's Smokehouse, 525 N. Silver Springs Road, David McAllister, Managing Officer, was conditionally approved upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,Purcell,Spradling,Stoffregen,White. Nays,none. An original package liquor and Sunday sales license for Wal-Mazt Stores East LP, d/b/a Wal-Mart Supercenter,3439 William,Chazles L. Bezoni,Managing Officer,was conditionally approved upon Mr. Stoffregen's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,Purcell, Spradling, Stoffregen,White(abstain). Nays,none. Mr. White made a motion, seconded by Mr. Hopkins, to accept the annual city audit for fiscal yeaz ending June 30, 2001. T'he motion was approved upon the following vote: Ayes, Eggimann, Hopkins,Neumeyer,Purcell, Spradling, Stoffregen,White. Nays,none. Mayor Spradling announced that the results of the cable television survey were discussed in the City Council Study Session prior to the meeting. Mr. Eggimann stated that 11 percent of the subscribers responded to the survey. T'he preliminary plat of Mt. Auburn Subdivision No. 9 was approved upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none. Regazding the status of the Mazquette Hotel,Mr. Perry of Prost Builders explained during the study session that his company is working on securing a contract with the State of Missouri to locate various state of�ices in the Mazquette Hotel when it is renovated. A response from the state should be received within 120 days. Following discussion by the City Council, Mr. Eggimann made a motion,seconded by Mr. Hopkins,to delay securing, or"mothballing",the Marquette structures for 120 days contingent on the State's response to the project presented by Prost Builders. T'he motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none. Mr. Stoffregen expressed opposition to the city securing and paying for repairs to the Mazquette structures. Mayor Spradling responded that all expenses can be tax- billed against the property. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI Januar_y 22, 2002 306 531809 --� 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. � � �! � � � � Albert M. Spradling,III,Mayor . L Gayle L. � nrad,City Clerk I i i� � � i ! � ii I; �I �i l,'; �� ; i I i i � � � i II ��