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Home My WebLink AboutCouncil.Minutes.07-19-1993.Regular 177 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular $@SSIOtI July 19, 19 93 SLL.13703 REGULAR SESSION - JULY 19, 1993 Council convened in regular session on Monday, July 19, 1993, at 7:30 p.m. with Mayor Pro Tem A1 Spradling III, presiding and Council Members Melvin Gateley, Melvin Kasten, Doug Richards, and Mary Wulfers present. Mayor Francis E. Rhodes and Council member David Limbaugh were absent. Due to the absence of Mayor Francis E. Rhodes and Mayor Pro Tem David Limbaugh, a motion was made by Ms. Wulfers' seconded by Dr. Kasten to appoint A1 Spradling III as Mayor Pro Tem. The motion was approved by the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. Prior to the regular session, Council convened in executive session for purposes of discussing litigation and acquisition of real estate upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, ILasten, Richards, Spradling, Wulfers. Nays, none. Prior to the regular session, the Exchange Club dedicated the Freedom Shrine locateci near the Council Chambers. The Invocation was presented by Rev. Scott Moon, of the Wesley Foundation and the Pledge of Allegiance was recited. The minutes from the July 7, 1993, Regular and Executive Sessions and July S Special Session were approved upon Dr. Kasten's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. The agenda was adopted as distributed to the Council upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. This being the date set for a public hearing regarding the request of the Bible Missionary Church for a special use permit for a double wide mobile home at 2885 Hopper Road in an R-1, Single Family Residential District, the hearing was opened. Robert Owens, Pastor of Cape Bible Missionary Chapel appeared before the Council in favor of the request. Mr. Owens indicated that they are going to tear down the e�sting structure and landscape the area to make it look better. Mr. Owens stated that they did not have funds available at this time to build a permanent parsonage. He has spoken with the neighbors and only two out of six have objected. Kent Bratton, City Planner, explained that the Planning and Zoning Commission denied the request to avoid setting a precedent of having mobile homes in a residential area. 178 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOt1 July 19 1 g 93 SLL.13703 Keith Deimund appeared on behalf of himself and Milton George who own property adjoining the Missionary Church indicating they were against the request. He objects to starting a precedent of allowing mobile homes in R-1 areas. He talked to several people who objected. Henry Davis, Charter Member, Bible Missionary Church, appeared in favor of the request. He also indicated that the church does not have the money to build a new parsonage but will landscape to make the property look nicer. Paul Gerlach objected to the request. He did not want to see a precedent being started. BILL NO. 93-147 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO BIBLE MISSIONARY CHURCH, FOR PURPOSES OF PLACING, MAINTAIIVING AND OPERATING A DOUBLE WIDE MOBILE HOME AT 2885 HOPPER ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI A motion was made by Mr. Gateley seconded by Mr. Richards to approve first reading of the ordinance. The motion failed upon the following roll ca11 vote: Gateley, aye; Kasten, nay; Richards, aye; Spradling, nay; Wulfers, nay. Charlie Herbst appeared before the Council regarding item #33 on the agenda. He presented a letter to the Council on behalf of the Kuss family requesting a public hearing on a rezoning request that was denied by the Planning and Zoning Commission. The request is attached hereto and made a part of these minutes (Exhibit A). Kent Bratton indicated that the Public Hearing will be advertised. The Public Hearing and first reading of the ordinance will be held at the August 16 council meeting. � Mr. Herbst also appeared in support of BILL NO. 93-163, an Ordinance approving record plat of Six Sister's Subdivision. BILL NO. 93-163 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF SIX SISTER'S SUBDIVISION The first reading of BILL NO. 93-163 was approved upon Mr. Gateley's motion and Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. An update was given to the Council from several City staff inembers regarding the flooding within the City and what their departments are doing. Mr. Fischer announced that there will be town hall meeting held on Thursday, July 22 at 7:00 p.m. in the Arena 179 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSl011 Julv 19, 19 � SLL.13703 Building. City staff inembers, FEMA representatives, Union Electric and County representatives will be present. The following bills were given second and third readings: BILL NO. 93-142 AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY CODE RELATING TO PERSONNEL POLICIES BILL NO. 93-140 AN ORDINANCE AMENDING CHAPTER 24 OF THE CITY CODE RELATING TO STREETS AND SIDEWALKS BILL NO. 93-138 AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO THE WISCONSIN EVANGELICAL LUTHERAN SYNOD AND MAPLE AVENUE U1�iITED METHODIST CHURCH, FOR PURPOSES OF MAINTAIIVING AND OPERATING A CHURCH AT 2441 JEAN ANN DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 93-139 AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR PURPOSES OF CONSTRUCTING, MAINTAINING, AND OPERATING OSAGE PARK AT 1625 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 93-145 AN ORDINANCE AMENDING SCHEDULE F OF SECTTON . 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON SOUTH HANOVER STREET, IN THE CITY OF CAPE _ GIRARDEAU, MISSOURI BILL NO. 93-146 AN ORDINANCE AMENDING SCHEDUI.E C OF SECTION 26-121 OF THE CITY CODE, BY PLACING STOP SIGNS ON ROTARY DRIVE AND WHITENER STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 93-144 AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION WHETHER THE CITY OF CAPE GIRARDEAU SHALL ALLOW THE LICENSING OF EXCURSION GAMBLING BOATS IN THE CITY; DESIGNATING THE TIME OF HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION 180 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOft July 19, 19 93 L.13703 The second and third readings of BILL NOS. 93-142, 93-140, 93-138, 93-139, 93-145, 93-146 AND 93-144 were approved and the ordinances adopted upon Mr. Gateley's motion and Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-142 is ORDINANCE NO. 1378, BILL NO. 93-140 is ORDINANCE NO. 1379, BILL NO. 93-138 is ORDINANCE NO. 1380, BILL NO. 93-139 is ORDINANCE NO. 1381, BILL NO. 93- 145 is ORDINANCE NO. 1382, BILL NO. 93-146 is ORDINANCE NO. 1383, BILL NO. 93-144 is ORDINANCE 1384. BILL NO. 93-149 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES RRT"ATING TO ADDRESS NUMBERS The first reading of BILL NO. 93-149 was approved upon Mr. Kasten's motion, Mr. Richards' second and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-151 was given first reading as follows: AN ORDINANCE AMENDING SCHEDLTLE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON WHITENER STREET FORM PINDWOOD LANE TO SILVER SPRINGS ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 93-151 was approved upon Mr. Gateley's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-157 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU The first reading of BILL NO. 93-157 was approved upon Dr. Kasten's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-159 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF A SANITARY SEWER EASEMENT ON FARRAR DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 181 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOtI July 19, 19 93 SLI.13703 The first reading of BILL NO. 93-159 was approved upon Mr. Richards' motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-160 was given first reading as follows: AN ORDINANCE ACCEPTING A SEWER EASEMENT FROM DRURY DEVELOPMENT CORPORATION FROM SIEMERS DRIVE WEST TO KELL FARM DRIVE The first reading of BILL NO. 93-160 was approved upon Mr. Gateley's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-155 was given first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FROM THOMAS E. HAMILTON FOR THE UPPER CAPE LA CROIX TRUNK SEWER PROJECT, PHASE 4, SECTION II The first reading of BILL NO. 93-155 was approved upon Mr. Richards' motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-158 was given first reading as follows: 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 I5SUANCE OF SPECIAL TAX BILLS IN AN AMOUNT NOT TO EXCEED $102.29 PER FRONT FOOT IN PAYMENT OF THE COST OF SAME ON WHITENER STREET FROM ITS INTERSECTION WITH EXISTING WHITENER STREET, WEST FOR A ' DISTANCE OF 278.6 FEET TO ITS INTERSECTTON WITH SILVER SPRINGS ROAD; WITH THE BALANCE TO BE PAID FROM GENERAL REVENUE FUNDS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 93-158 was approved upon Dr. Kasten's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. The improvement plans on Whitener Street from the existing Whitener Street to Silver Springs were accepted upon Mr. Gateley's motion, Dr. Kasten's second and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. 182 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOn July 19, 19 93 SLL.13703 BILL NO. 93-148 was given first reading as follows: AN ORDINANCE AMENDING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-X-6, A SUBDIVISION OF LATERAL SEWER DISTRICT NO. 14- X-3, AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SAI�TITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14-X-6, LTNDER A PRIVATE CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 93-148 was approved upon Dr. Kasten's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-156 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT AMENDMENT WITH SVERDRUP CORPORATION FOR ENGINEERING SERVICES FOR THE WASTEWATER PATHOGEN REDUCTION AND SLUDGE STORAGE PROJECT The reading of BILL NO. 93-156 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. BILL NO. 93-156 is RFSOLUTION NO. 838. BILL NO. 93-152 was presented as follows: A RESOLUTION DECLARING IT NECESSARY TO IMPROVE THAT PART OF BRENDA LANE FROM ITS BEGINIVING AT SCOTTS LANE, 252 FEET TO ITS T'ERl`�NUS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 93-152 was approved and the resolution adopted upon Mr. Richards' motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. BILL NO. 93-152 is RFSOLUTION NO. 839. BILL NO. 93-153 was presented as follows: A RESOLUTION DECLARING IT NECESSARY TO IMPROVE THAT PART OF SCOTTS LANE FROM ITS INTERSECTION WITH BERTLING STREET, 1112 FEET NORTH TO ITS TERNIINUS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 93-153 was approved and the resolution adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. BILL NO. 93-153 is RFSOLUTION NO. 840. BILL NO. 93-154 was presented as follows: 183 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI July 19 19 �� SLL.13703 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO ACCEPT RIGHT-OF-WAY FOR CAPE WEST PARKWAY FROM THE MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT AND DRURY DEVELOPMENT CORPORATION The reading of BILL NO. 93-154 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. BILL NO. 93-154 is RFSOLUTION NO. 841. BILL NO. 93-150 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE WITH SEVENTEEN-O-SEVEN OFFICE CENTRE, LTD., FOR THE CONVENTION AND VISITORS BUREAU OFFICE SPACE The reading of BILL NO. 93-150 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. BILL NO. 93-150 is RFSOLUTION NO. 842. BILL NO. 93-161 was presented as follows: A RESOLUTION DECLARING IT NECESSARY TO IMPROVE THAT PART OF CAPE WEST PARKWAY FROM CAMPSTER DRIVE ON THE NORTH TO SIEMERS DRIVE ON THE SOUTH, AND RICHMOND DRIVE FROM CAPE WEST PARKWAY WEST FOR A DISTANCE OF 280 LF IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 93-161 was approved and the resolution adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-161 is RESOLUTION NO. 843. A motion was made by Mr. Gateley, seconded by Dr. Kasten to appoint Charles Thrower to the Planning and Zoning Commission to fill an unexpired term set to expire November 1993. The motion was approved by the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. The water main extension to serve the Hopper Road area was accepted in the City's water distribution system upon Mr. Gateley's motion, Dr. Kasten's second and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. The plans for improvements associated with Shirley Drive were approved upon Mr. Richards' motion, Mr. Gateley's second and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. I 184 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOCI July 19, 19 93 LL.13703 The plans for improvements associated with Richmond Drive were approved upon Dr. Kasten's motion, Mr. Richards' second and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-162 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROXY AGREEMENT FOR THE GREATER CAPE GIRARDEAU INDUSTRIAL PARK SEWER DISTRICT The reading of BILL NO. 93-162 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. BILL NO. 93-162 is RFSOLUTION NO. 844. There being no further business, the Council adjourned upon Dr. Kasten's motion, Mr. Richards' second and the following vote: Ayes, Gateley, Kasten, Richards, Spradling, Wulfers. Nays, none. ��`7l?lr'J/_� �'. /L"�� Francis E. Rhodes, Mayor ' �� .� Kimberly A. Pruett, Deputy City Clerk Exhibit A 185 THOMAS L. MEYER, REALTOR INDUSTRIAL,COMMERCIAL&RESIDENTIAL 230 North Sprigg,P.O.Box 661,Cape Girardeau,MO 63702-0661 Fax No.:314-3342878 Tel.:314-3342876 July 15, 1993 � ' � Gene Rhodes; Mayor City of Cape Girardeau Cape Girardeau, MO 63701 Dear Mayor and City Councifinen: This is to advise that Charles Herbst is authorized in behalf of the Kuss family to ask for a hearing date on the re-zoning request that was denied by the City Planning and Zoning Commission. We would appreciate your consideration in this matter and take this letter as our formal request for the hearing. Very truly yours, ,� � A , �" � � a L. Meyer R�` R AGENT FOR KUSS FAMILY TL14�I/bam � +�..� � � � s��rce REALTOR� �V ��