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HomeMy WebLinkAboutCouncil.Minutes.03-04-2002.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. RP.aular .S@SSIOrI l�Larch 4_ 2flfl2 ,329 531809 REGULAR SESSION—MARCH 4,2002 The Cape Girardeau City Council convened in regular session on Monday, March 4, 2002, at 7:00 p.m. with Mayor Albert M. Spradling III presiding and Council Members Richard Eggimann, Matthew Hopkins, Tom Neumeyer, Jay Purcell,Frank Stoffregen and Hugh White present. ° The invocation was presented by Councilman Hugh White, and the Pledge of Allegiance was recited. The minutes of the February 19, 2002, 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. 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 proposed Capital Improvements Program for fiscal years 2002-2007, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding amendments to the zoning ordinance to establish definitions and standards for telecommunication towers, the hearing was opened. Mr. Larry Underberg appeared and thanked the council for developing guidelines for cellular towers. He recommended that the proposed amendments be modified to include the following: (1)notify by mail all adjoining property owners to a proposed cell tower location, as well as notify the property owners bordering the adjoining property owners; (2) require the cell tower applicant to provide to the City Council a photo simulation of how the tower will look at the proposed location; (3) require the applicant to provide proof that a coverage gap exists and that a tower of a certain type and height is needed to address the coverage gap. Upon questioning by Mr. Hopkins, City Manager Michael Miller explained that notice of hearings for cell towers are published in the paper, and the sign posted on the property has been increased in size and color at the direction of the Council. There being no further appearances, the hearing was closed. This being the date set for a public hearing regarding the request of ELE, Inc., (formerly LDD, Inc.) and Big River Telephone Company, LLC, for a special use permit for a radio and microwave transmission tower and approval of building and equipment set back from the eastern boundary line at 24 South Minnesota Avenue in an M-1, light industrial district, the hearing was opened. There being no appearances,the hearing was closed. Mr. Purcell made a motion, seconded by Mr. Stoffregen, to place on the March 18 City Council agenda the special use permit request of Charlie Roberts for a 150' foot wireless communication antenna and ground equipment for Alamosa PCS at 2215 Broadway, which was tabled from the February 4 City Council Meeting. The motion was approved upon the following vote: Ayes, Eggimann,Hopkins,Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none. The following bills were given second and third readings: ( Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI March 4, 2002 33Q_— S37809 BILL NO. 02-30 AN ORDINANCE APPROVING THE RECORD PLAT OF DEER j VALLEY TOWNHOUSES BILL NO. 02-33 AN ORDINANCE APPROVING THE RECORD PLAT OF CRITES TENTH ADDITION BILL NO. 02-38 AN ORDINANCE ACCEPTING A GRANT OF EASEMENT FROM WEST CAPE DEVELOPMENT CORPORATION, FOR MAINTAINING A SANITARY SEWER LINE IN SEWER DISTRICTS 12-PP-6 AND 14-L-6, CRITES 11TH ADDITION BILL NO. 02-34 AN ORDINANCE APPROViNG THE RECORD PLAT OF CRITES ELEVENTH ADDITION BILL NO. 02-40 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, REPEALING AND ESTABLISHING NO PARKING ON NEW MADRID STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. 02-41 AN ORDINANCE APPROVING THE RECORD PLAT OF MT. AUBURN SUBDIVISION NO. 9 The second and third readings of BILL NOs. 02-30, 02-33, 02-38, 02-34, 02-40 and 02-41 were approved and the ordinances 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. 02-30 is ORDINANCE NO. 2974; BILL NO. 02-33 is ORDINANCE NO. 2975; BILL NO. 02-38 is ORDINANCE NO. 2976; BII,L NO. 02-34 is ORDINANCE NO. � 2977; BILL NO. 02-40 is ORDINANCE NO. 2978; BILL NO. 02-41 is ORDINANCE NO. 02- � 41. � BILL NO. 02-42 was given first reading as follows: j( AN ORDINANCE ENACTING ARTICLE XVII TO CHAPTER 15 AND AMENDING � CHAPTERS 5, 17 AND 26 OF THE CITY CODE, RELATING TO SPECIAL EVENT AND PARADE PERMITS � �� The first reading of BILL NO. 02-42 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. 02-45 was given first reading as follows: IAN ORDINANCE AMENDING AND ENACTING NEW SECTIONS OF CHAPTER 30 OF � THE CITY CODE,RELATING TO TELECOMMUNICATION TOWERS � Mr. Neumeyer made a motion, seconded by Mr. Purcell , to approve the first reading of BILL NO. ! 02-45. Mr. Stoffregen questioned the requirement that the tower be set back from the street right- � of-way equal to the distance of the height of the tower. Following discussion, Mr. Stoffregen I made an amending motion, seconded by Mr. Hopkins, to amend the proposed ordinance by changing Section 39-39(d)(16)(d) to read as follows: "The tower shall be set back from the right- of-way line of any public street up to a distance equal to the height of the tower." The amending i� � Proceedings of the City Council, City of Cape Girardeau, Mo. Reaular S@SSIOt1 M?rch 4 2nn2 3�� S31809 motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Neumeyer made a second amending motion, seconded by Mr. Stoffregen, to amend the proposed ordinance by requiring notification of all second tier property owners when a special use permit request is received for a telecommunication tower. City Planner Kent Bratton explained that present requirements for notifying adjoining property owners are in the Planning and Zoning Commission's Rules of Procedures, and suggested ` that this notification requirement be recommended to the Planning and Zoning Commission. Following discussion by the Council, Mr. Neumeyer withdrew his motion, Mr. Stoffregen withdrew his second, and the matter was referred to the Planning and Zoning Commission. The original motion was approved as amended upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer,Purcell, Spradling, Stoffregen, White. Nays,none. BILL NO. 02-44 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ELE, INC. AND BIG RNER TELEPHONE COMPANY, L.L.C., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A RADIO AND MICROWAVE TRANSMISSION TOWER AND APPROVING BUII,DING AND EQUIPMENT SET BACK FROM EASTERN BOUNDARY LINE AT 24 SOUTH MINNESOTA AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 02-44 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. BILL NO. 02-46 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST VILLAGE The first reading of BILL NO. 02-46 was approved upon Mr. Hopkins' motion, Mr. White's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays,none. BILL NO. 02-48 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, FOR RELOCATING UTILITIES ON ROUTE 74 The first reading of BILL NO. 02-48 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. 02-49 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE G OF SECTION 26-249 OF THE CITY CODE, REPEALING AND ESTABLISHING TWO HOUR PARKING ON BROADWAY AND FOUNTAIN STREET,IN THE CITY OF CAPE GIRARDEAU,MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI March 4, 2002 �32 531809 The first reading of BILL NO. 02-49 was approved upon Mr. White's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none. � � BILL NO. 02-50 was given first reading as follows: � AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON NORTH FOUNTAIN STREET AND ON BROADWAY, 1N THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 02-50 was approved upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Upon questioning by Mr. Neumeyer, Mr. Miller explained that this ordinance will return parking on the north side of Broadway and the west side of Fountain Street which was previously removed for security reasons. BILL NO. 02-52 was given first reading as follows: AN ORDINANCE REPEALING SECTION 2-4 OF ORDINANCE 300, AND ENACTING A NEW SECTION 2-4 OF THE CITY CODE, INCREASING THE COMPENSATION OF COUNCIL MEMBERS Mr. Eggimann made a motion, seconded by Mr. Stoffregen to approve the first reading of BILL NO. 02-52. Mr. Eggimann explained that the salary for the City Council was set in the Charter in 1982, and it has not changed since. He stated that he incurs expenses as a Councilman that are greater than the compensation he receives. Any increase in salary will only affect councilmen elected after the ordinance is in effect. Mr. White stated that this matter was discussed in the study session, and several good points were made as to why this ordinance is necessary. However, he indicated he could not support the ordinance because he has voted on budgets that have not included any substantial salary increase for a large group of city employees, and he felt employees needed a raise before he did. Mr. Stoffregen expressed his support for the ordinance. Mr. Neumeyer stated he agreed that this issue should have been dealt with gradually over the past 20 ,� years; however, due to budget circumstances, he could not vote for the ordinance. In addition, he stated that in the City Charter, there is a requirement that the Charter be reviewed every five years, j and this has not been done. He stated he hoped that the next City Council would re-establish the �� Charter Review Committee, and continue to review the Charter every five years. Following additional discussion, the motion failed upon the following vote: Ayes, Eggimann, Stoffregen. � Nays, Hopkins,Neumeyer, Purcell, Spradling, White. � BILL NO. 02-43 was presented as follows: ,� �� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ;j WITH DUTCH ENTERPRISES, INC., FOR THE GREATER CAPE WATER MAIN PROJECT i i The reading of BILL NO. 02-43 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. 02-43 is RESOLUTION NO. 1762. �� Proceedings of the City Council, City of Cape Girardeau, Mo. 12,e.�ular S@SSIOCI March 4, 20D2 333— ----- -S31809 BILL NO. 02-47 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT COMPANY, INC., FOR THE 2001 SIDEWALK PROGRAM FOR PUBLIC SCHOOL ZONES The reading of BILL NO. 02-47 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. 02-47 is RESOLUTION NO. 1763. BILL NO. 02-51 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND 1NDEMNITY AGREEMENT WITH DIGITAL TELEPORT, 1NC., FOR PLACING DIGITAL CABLE 1N CITY RIGHT-OF-WAY The reading of BILL NO. 02-51 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. 02-51 is RESOLUTION NO. 1764. BILL NO. 02-53 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SWIFT ROOFING, INC.,FOR CITY HALL ROOF REPLACEMENT The reading of BILL NO. 02-53 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. White's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays,none. BILL NO. 02-53 is RESOLUTION NO. 1765. Dennis Bess was appointed to the Convention and Visitors Advisory Board for a term expiring January 1, 2003,upon Mr. Eggimann's motion, Mr. White's second, and the following vote: Ayes, Eggimann,Hopkins,Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none. The following liquor licenses were conditionally approved for a change in the type of liquor license upon Mr. Hopkins' motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann,Hopkins,Neumeyer, Purcell, Spradling, Stoffregen,White. Nays,none. Dwight R. Gates, d/b/a Dwights Amoco, 2148 William, change to original package liquor and Sunday sales Bluff City Beer Co., Inc., d/b/a Bluff City Beer, 450 Siemers, change to wholesalers of intoxicating liquor under 22 percent The improvements completed under the Hopper Road extension Phase IIB project were accepted and final payment was authorized to Fronabarger Concreters, Inc. upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays,none. Mr. Neumeyer suggested that the Charter Review Committee be reactivated to review the City Charter. Mayor Spradling recommended that this matter be addressed by the next members of the City Council that will be in office after the April election. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SQSS1011 March 4, Znn2 33�_ 531809 There being no further business, the Council adjourned upon Mr. Hopkins' motion, Mr. IEggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, � Spradling, Stoffregen, White. Nays,none. � Albert M. Spradling, II ,Mayor � �t � � Gayle. . Conrad, City Clerk � I � � i� I1 iI I� t � � i i 1 � I� � f� �� t I �i I!