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Home My WebLink AboutCouncil.Minutes.10-10-1994.Regular 49 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOfI October 10 �9 94 S-18?40 REGULAR SESSION - OCTOBER 10, 1994 Council convened in regular session on Monday, October 10, 1994, at 7:30 p.m. with Mayor A1 Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin Kasten, Jack Rickard and JJ Williamson present. Tom Neumeyer was absent. The invocation was presented by Rev. Randy Short, North Cape Church of Christ, and the Pledge of Allegiance was recited. Prior to the regular session, council convened in executive session for the purpose of discussing litigation upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. The minutes from the September 19, 1994, Regular and Executive Sessions and October 6, 1994, Special Session were approved upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. This being the date set for a public hearing regarding the request of Richard L. and Joan Eggimann for a special use permit to build duplexes on Lots 6, 7 and 8, Block 1, Tunberlane Subdivision, and a tract of land at 2910 Kage Road, all in a G 1, local commercial district, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the past performance in carrying out a 1993 Action Fund Grant, a 1992 Neighborhood Development Grant, and a 1993 Emergency Grant under the Community Development Block Grant Program, the grant projects being as follows: a. Cape Central Publishing, Inc. (Project#93-MO-19) was forced to relocate within the City due to the construction of the new State Highway 74. b. Approximately 26 housing units were rehabilitated, approxirnately 3,040 lineal feet of sewer line improvements were completed, 1,522 lineal feet of water main itnprovements were completed, three fire hydrants were installed, and all service connections were made on College, Henderson and Park Streets under the College-Jefferson Neighborhood Restoration, Project #92-ND-16. 50 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ $@SSIOfI October 10 �9 94 c_ia�an c. The demolition and clearance of 30 substandard flood damaged structures, related out buildings and lots, were completed under the Flood Emergency ` Demolition, Project #93-EM-10. Ms. Kathy Mangels of Semo Regional Planning and Economic Development Commission appeared and stated she administered the grant for Cape Central Publishing and explained that the project assisted the company in their relocation as a result of New Highway 74. The city received a grant of $120,000, $115,000 of which was a loan to the company for working capital. The grant provided for the retention and creation of 15 jobs. Mr. Ken Eftink, Planning Services Coordinator for the city, explained the flood demolition project. The grant amount was $105,000; $88,655 for demolition, $15,415 of city's in kind funds, for a total project cost of$104,070. The costs incurred were less than the grant received because of assistance received from other city departments, including Police, Fire, Public Works and Alliance Water. Information on the project is attached hereto marked Exhibit A and made a part of these minutes. Mr. Steve Williams, Housing Assistance Coordinator for the city, described the College- 7efferson project. The information presented is attached hereto marked "E�ibit B" and made a part of these minutes. There being no further appearances, the hearing was closed. Ms. Glenda Quinn, League of Women Voters, explained that the local chapter of the League received a grant to implement a recycling project in a low income area in the city. On October 8, students from Shultz School and other volunteers participated in a door-to-door campaign to promote recycling and distributed 130 recycling containers to residents. Mr. Bob Bohnsack, Chairman of the Housing Assistance Task Force, appeared and presented the findings of the Task Force as they were previously presented to the Council on December 20, 1993. Mr. Lessie Butler Jr. appeared regarding the use of excessive force by Officer Ron Webb of the Police Department on the evening of August 29. He explained the events as they occurred that evening that lead to Mr. Butler being maced. He spoke with Lt. Da1e Ratliff regarding this issue and has not received a response as of this date. Mayor Spradling requested that Police Chief Butch Boyd give a written report to the City Council at the next meeting and that Lt. Ratliff contact Mr. Butler regarding the issue. Mr. Keith Foster appeared regarding the complaint of Mr. Butler and questioned why when certain fraternities have parties they are looked down upon and others are bypassed. 51 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S2SSIOf1 October 10 19 94 s-,a�ao Ms. Debra Willis, Community Action Chairperson for the NAACP, stated that complaints of this type are not isolated. The City Council needs to address the improper use of mace by the Police Department, the unproper investigation procedures by the department, and the timeliness of returning information to the complainant. Mr. Tom Wilcox, 1133 Melody Lane, appeared on behalf of the property owners on Melody Lane and presented a petition to the Council to initiate a project to extend city water lines along Melody Lane, west from its intersection with Highway 177, to the intersection at Old Sprigg Street and its intersection with Melody Lane, and also south along Melody Lane South; that this project be completed along with the present Lexington Avenue Project in accordance with the comprehensive plan for the City of Cape Girardeau under the section pertaining to preservation of the proposed arterial and collector rights of way; and that the project be completed with no special costs to the petitioners. Mr. J. Ronald Fischer, City Manager, stated that the staff will prepare a report for the Council outlining the costs of this request. Mr. Fischer announced that a Public Safety Awareness Day will be held this Saturday on the parking lot on North Main Street. The Police and Fire Departments will be on hand to demonstrate equipment and explain procedures of the departments. The following bills were given second and third readings: BILL NO. 94-240 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN ACCES5 EASEMENT FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT BILL NO. 94-242 AN ORDINANCE ACCEPTING AN EASEMENT FROM NARVOL A. RANDOL, JR. AND AMY C. RANDOL, FOR A WATER MAIN EXTENSION TO SERVE PINEWOOD MOBILE HOME COURT BILL NO. 94-241 AN ORDINANCE ACCEPTTNG A QUIT CLAIM DEED AND A TEMPORARY CONSTRUCTION EASEMENT FROM RALPH V. LeGRAND AND VERNEDA A. LeGRAND FOR THE LEXINGTON AVENUE EXTENSION PROJECT The second and third readings of BILL NOS. 94-240, 94-242, and 94-241 were approved and the ordinances adopted upon Mr. Eggimann's motion, Dr. Kasten's second and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-240 is ORDINANCE NO. 1620; BILL NO. 94-242 is ORDINANCE NO. 1621; BILL NO. 94-241 is ORDINANCE NO. 1622. BILL NO. 94-258 was given first reading as follows: 52 Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular S@SSIOfI October 10 19 94 s-ia�nn AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RICHARD L. EGGIMANN AND JOAN EGGIMANN, FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING DUPLEXES IN TIMBERLANE SUBDIVISION AND AT 2910 KAGE ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MI5SOURI The first reading of BILL NO. 94-258 was approved upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. Eggunann abstained for financial reasons. BILL NO. 94-259 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WA�RRANTY DEED FROM WALTER R. DAVIS AND JOSEPH J. RUSSELL FOR THE NORTH SPRIGG STREET EXTENSION PROJECT The first reading of BILL NO. 94-259 was approved upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, � Spradling, Williamson. Nays, none. BILL NO. 94-260 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT FROM RANDON DERIC GRISSOM AND LILLIAN ELLEN GRISSOM FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The first reading of BILL NO. 94-260 was approved upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-262 was given first, second and third readings as follows: AN ORDINANCE NAMING COUNTY ROAD 205 AS BLOOMFIELD ROAD AND COLTNTY ROAD NO. 206 AS BENTON HILL ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first, second and third readings of BILL NO. 94-262 were approved and the ordinance adopted upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote; Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamsone Nays, none. BILL NOe 94-262 is ORDINANCE NO, 1623, BILL NO. 94-261 was given first, second and third readings as follows: 53 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOfI October 10 �9 94 S-78240 AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 6 TO INCLUDE PROPERTY ALONG BLOOMFIELD ROAD AND BENTON HILL ROAD ANNEXED SEPTEMBER 30, 1994 The first, second and third readings of BILL NO. 94-261 were approved and the ordinance adopted upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-261 is ORDINANCE NO. 1624. BILL NO. 94-267 was given first, second and third readings as follows: AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO INCLUDE PROPERTY BETWEEN CAPE ROCK DRIVE AND SPRIGG STREET ROAD ANNEXED EFFECTIVE JULY 29, 1994 The first, second and third readings of BILL NO. 94-267 were approved and the ordinance adopted upon Mr. Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-267 is ORDINANCE NO. 1625. BILL NO. 94-271 was given first reading as follows: AN ORDINANCE ACCEP'TING A SAIVITARY SEWER EASEMENT FROM CHRISTOPHER H. JLTNG AND MYRA S. JUNG FOR A SAIVITARY SEWER LINE TO SERVE SIX SISTERS SUBDIVISION, SEWER DISTRICT NO. 14-1-G The first reading of BILL NO. 94-271 was approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. The street and sanitary sewer improvements, as shown on the plans approved for Six Sisters Subdivision, and the storm sewers in the street right-of-way for Six Sisters Subdivision were accepted into the city's system upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. The escrow agreement covering the improvements for Six Sisters Subdivision was released upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-263 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-F-3, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1-F, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 54 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SeSSIOfI nctobc�r 1 O 19 �_ s-ia�dn The first reading of BILL NO. 94-263 was approved upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-264 was given first reading as follows: AN ORDINANCE AMENDING THE BOUNDARIES OF TRUNK SEWER DISTRICT NO. 14-1-F, A PART OF TRUNK SEWER DISTRICT NO. 14-1, AS FSTABLISHED BY ORDINANCE NO. 1209, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-264 was approved upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-256 was presented as follows: A RESOLUTION AUTHORIZING THE PURCHASE OF A RESCUE-PUMPER VEHICLE FOR THE CAPE GIRARDEAU FIRE DEPARTMENT The reading of BILL NO. 94-256 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-256 is RFSOLUTION NO. 989. BILL NO. 94-257 was presented as follows: A RESOLUTTON ACKNOWLEDGING RECIIPT OF AN ANNEXATTON PETTTION AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATTON The reading of BILL NO. 94-257 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-257 is RFSOLUTTON NO. 990. BILL NO. 94-265 was presented as follows: A RESOLUTTON ADOP'TING THE CITY OF CAPE GIRARDEAU MINIlVIUM RESIDENTIAL PROPERTY REHABILITATION STANDARDS FOR THE CONIMUI�TITY DEVELOPMENT BLOCK GRANT PROGRAM The reading of BILL NO. 94-265 was approved and the resolution adopted upon Mr. Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamsone Nays, none. BILL NO. 94-265 is 55 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ S@SSIOtI October 10 1 g 94 s-isaan RFSOLiJTTON NO. 991. Mayor Spradling explained that these standards apply only to the city's block grant program. BILL NO. 94-266 was presented as follows: A RESOLUTTON ADOP'TING THE CITY OF CAPE GIRARDEAU REHABILITATION GRANT PROGRAM GUIDELINES FOR HOMEOWNERS AND RENTAL PROPERTY OWNERS The reading of BILL NO. 94-266 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-266 is RFSOLUTION NO. 992. BILL NO. 94-269 was presented as follows: A RESOLUTION CHANGING THE NAME OF THE CAPE GIRARDEAU MUIVICIPAL AIRPORT The reading of BILL NO. 94-269 was approved and the resolution adopted upon Mr. Williamson's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-269 is RFSOLUTION NO. 993. Mr. Eggunann stated he felt this was a great idea to change the name since much of the business at the airport is from outside of the city. BILL NO. 94-272 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES WITH BLACK & VEATCH FOR WATER DISTRIBUTION IMPROVEMENTS TO SERVE TWIN LAKES SUBDIVISION AND THE GIBONEY WOODS DEVELOPMENT AND FOR UPDATING THE WATER FACILITIES MASTER PLAN The reading of BILL NO. 94-272 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-272 is RFSOLUTTON NO. 994. BILL NO. 94-270 was presented as follows: A RESOLUTION CONDITTONALLY AUTHORIZING THE OFFERING FOR SALE OF SEWERAGE SYSTEM REVENUE BONDS OF THE CITY OF CAPE GIRARDEAU, MISSOURI 56 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ SeSSIOfI October 10 1994 S-�A�an The reading of BILL NO. 94-270 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-270 is RFSOLUTION NO. 995. Mr. Rickard was appointed to the Housing Assistance Task Force upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. Mr. Gateley made a motion, seconded by Dr. Kasten, that the City of Cape Girardeau pay $5,000 to I-66 Project, Inc. and that city staff prepare a contract with I-66 Project, Inc. for approval at the next City Council meeting. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. The water main extension to serve Jung Subdivision was accepted upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. The water main extension to serve two lots along Delwin Street was accepted upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. The water main extension to serve Mid-South Steel was accepted upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. The water main extension to serve the Southwestern Bell building on Gordonville Road was accepted upon Mr. Eggimann's motion, Dr. Kasten9 s second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-243 was given second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF RANDOL FARMS ESTATES SUBDIVISION The second and third readings of BILL NO. 94-243 were approved and the ordinance adopted upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. BILL NO. 94-243 is ORDINANCE NO. 1626 BILL NOe 94-273 was presented as follows: 57 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ $@SSIOCI October 10 �9 94 s-ie�an A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT AND IRREVOCABLE LETTER OF CREDIT WITH RANDOL FARMS DEVELOPMENT, INC. AND BOATMENS BANK OF CAPE GIRARDEAU FOR RANDOL FARMS ESTATES SUBDIVISION The reading of BILL NO. 94-273 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggunann, Gateley, Kasten, Rickard, Spradling (abstain), Williamson. Nays, none. BILL NO. 94- 273 is RESOLUTTON NO. 996. BILL NO. 94-274 was given first reading as follows: AN ORDINANCE ESTABLI5HING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 16-B, CONNECTING TO LATERAL SEWER DISTRICT NO. 16-A, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SArTITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 16-B, UNDER A PRIVATE CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-274 was approved upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. Mr. Tom Wilcox thanked the Council for the opportunity for him to present the petition on behalf of the residents on Melody Lane. Their concern for fire protection helped to bring about this petition. All residents are presently on well water, and he requested that the City Council seriously consider their request. There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Rickard, Spradling, Williamson. Nays, none. A M. Spradling III, Mayor ti� � , ayle L. Conrad, Deputy City Clerk 58 Proceedings of the City Council, City of Cape Girardeau, Mo. _ Session 19 �.tp�en THIS PAGE INTENTIONALLY LEFT BLANK �'11 � �•••f"1 � Exhibit A 59 ....._.._�____ _ _ � � I i , FLOOD DEMOLITION PROJECT -.�. (93-EM-10) � DEMOLITION AND CLEARANCE OF 30 VACANT, SUBSTANDARD, FLOOD DAMAGED STRUCTURES AND RE- LATED OUTBUILDINGS AND LOTS $ 88,655 CITY'S MATCHING FUNDS: CASH AND IN-KIND MATCH $ 15,415 TOTAL PROJECT COST $ 104,070 TOTAL CDBG GRANT FOR 30 STRUCTURES $ 105,000 , ; , i' LESS DEMOLITION AND CLEARANCE COST $ 88,655 l�`�� - , , � �'' RETURNED TO STATE $ 16,345 . � Exhibit B 61 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SECOND YEAR (92-ND-16) HOUSES ASSISTED (CDBG): OWNER-OCCUPIED 18 - :�; RENTAL UNITS 8 TOTAL HOUSES ASSISTED 26 $ 285,000 HOMEOWNERS CASH CONTRIBUTIONS: OWNER-OCCUPIED $ 978 RENTAL UNITS 41 362 $ 42,340 EMAA WEATHERIZATION GRANT: HOUSES 4 $ 4,350 TOTAL REHAB COST FOR 26 UNITS $ 337,690 SEWER PROJECT (CDBG FUNDS) $ 175,000 TOTAL $ 506,690 1 ,522 L.F. OF 6" WATER MAIN, 3 FIRE HYDRANTS, AND SERVICE CONNECTIONS (COLLEGE, HENDERSON, PARK STREETS) $ 40,494 CASH AND IN-KIND FUNDS $473,134 TOTAL CITY'S MATCHING FUNDS � 513,628 TOTAL PROJECT COST $1,020,318 , exhibit B 62 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TWO-YEAR NEIGHBORHOOD PROGRAM COLLEGE/JEFFERSON AREA SUMMARY TOTAL PROJECT COST - 1 ST YEAR (91-ND-04) $ 439,590 TOTAL PROJECT COST - 2ND YEAR (92-ND-16) $1 ,020,318 TOTAL PROJECT COST (TWO-YEAR PROGRAM) $1,459,908 CDBG FUNDS (TWO-YEAR PROGRAM) $ 800,000 TOTAL AMOUNT GENERATED WITH CDBG FUNDS $ 659,908