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HomeMy WebLinkAboutCouncil.Minutes.10-18.1993.Regular 252 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSl011 October 18 1 g 93 703 REGULAR SESSION - OCTOBER 18, 1993 Council convened in regular session on Monday, October 18, 1993, at 7:30 p.m. with Mayor Pro Tem David Limbaugh presiding and Council Members Melvin Gateley, Melvin Kasten, Doug Richards, A1 Spradling III, and Mary Wulfers present. Prior to the regular session, Council convened in Executive Session for purposes of discussing litigation upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The Invocation was presented by Rev. Scott Moon of the Wesley House, and the Pledge of Allegiance was recited. The minutes from the October 4, 1993, Regular and Executive Sessions were approved upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The agenda was adopted as distributed to the Council upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. This being the date set for a public hearing regarding the request of Gary Arnold to consider vacating the City's interest in an existing sewer and drainage easement in Sweetbriar Estates Third Subdivision, the hearing was opened. Mr. Gary Arnold appeared before the council in support of the request. In addition, he requested that Bill No. 93-238, an Ordinance accepting a sewer and drainage easement in Sweetbriar Estates Subdivision, and Bill No. 93-239, an ordinance vacating the city's interest in a sewer and drainage easement in Sweetbriar Estates Subdivision, be declared emergency measures and given all readings. There being no further appearances, the hearing was closed. After discussion, BILL NO. 93-238 was declared an emergency measure upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-238 was given first, second and third readings as follows: AN ORDINANCE ACCEP'TING A SEWER AND DRAINAGE EASEMENT FROM GARY M. ARNOLD AND DORIS J. ARNOLD, IN SWEETBRIAR ESTATES SUBDIVISION The first, second and third readings of BILL NO. 93-238 were approved and the ordinance adopted upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-238 is ORDINANCE NO. 1435. 253 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSi0t1 nc�tnher 18 19 �_ SLL.13703 BILL NO. 93-239 was declared an emergency measure upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-239 was given first, second and third readings as follows: AN ORDINANCE VACATTNG THE CITY'S INTEREST IN A SEWER AND DRAINAGE EASEMENT IN SWEETBRIAR ESTATES SUBDIVISION,IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first, second and third readings of BILL NO. 93-239 were approved and the ordinance adopted upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-239 is ORDINANCE NO. 1436. This being the date set for a public hearing regarding the City's submission of an application to the Missouri Department of Economic Development through the Community Development Block Grant Program for funds in the amount of$105,000 for funding for flood recovery relief, the hearing was opened. Mr. Ken Eftink, Developmental Services Coordinator, explained that this program would make funds available to the city to demolish flood damaged structures at no cost to the property owners. Areas being considered are the Red Star area, Smelterville, and properties on Route 177. Currently 30 structures are eligible for grant money, and this is a voluntary program. Mr. Randy Diebold, 1117 North Main, questioned whether the grant money would cover costs of filling in basements, removing out buildings, removing debris, etc. Mr. Steve Williams, Housing Assistance Coordinator, responded that the grant will pay to put the property back to a finished grade. Mr. Walter Wright questioned if a structure can be rebuilt on these properties. Mr. Eftink stated that any structures that are rebuilt will have to comply with the Floodplain Management Regulations. There being no further appearances, the hearing was closed. The following bills were given second and third readings: BILL NO. 93-230 AN ORDINANCE GRANTTNG A SPECIAL USE PERMIT TO FIRST ASSEMBLY OF GOD OF CAPE GIRARDEAU, INC., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A SIGN AT 750 MOUNT AUBURN ROAD, IN THE CITY AND COLTNTY OF CAPE GIRARDEAU, MISSOURI 254 Proceedings of the City Councii, City of Cape Girardeau, Mo. ___ _�Reaular S@SSIOtI October 18 19 93 13703 BILL NO. 93-228 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZOIVING OF PART OF THE 2800 BLOCK OF ROUTE K, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-1 TO R-4 AND C-2 BILL NO. 93-222 AN ORDINANCE AMENDING SCHEDLTLE F OF SECTION 26-247 OF THE CITY CODE ESTABLISHING NO PARKING ON GOOD HOPE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 93-235 AN ORDINANCE AMENDING THE CITY CODE RELATING TO PEACE DISTURBANCE The second and third readings of BILL NOS. 93-230, 93-228„ 92-222 and 93-235, were approved and the ordinances adopted upon Mr. Gateley's motion, Ms. Wulfers second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-230 is ORDINANCE NO. 1437. BILL NO. 93- 228 is ORDINANCE NO. 1438. BILL NO. 93-222 is ORDINANCE NO. 1439. BILL NO. 93-235 is ORDINANCE NO. 1440. BILL NO. 93-242 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO STEPHEN E. STROM AND PATRICIA F. STROM FOR AN EASEMENT IN NORTHFIELD TENTH SUBDIVISION The first reading of BILL 93-242 was approved upon Dr. Kasten's motion, Mr. Spradling's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards (abstain), Spradling, Wulfers. Nays, none. BILL NO. 93-237 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM URBAN L. KRAMER AND MARIAN S. KRAMER; FLORENCE SCHLEMEYER; AND DAISY B. DRURY FOR THE NORTH KINGSHIGHWAY SAI�TITARY SEWER PROJECT The first reading of BILL 93-237 was approved upon Mr. Spradling's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-243 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF MORRIS SUBDIVISION I 255 Proceedings of the City Councii, City of Cape Girardeau, Mo. _ Regular _ SessiOtl October 18 19 �_ SLL.13703 The first reading of BILL NO. 93-243 was approved upon Mr. Spradling's motion, Mr. Gateley's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-246 was declared an emergency measure upon Dr. Kasten's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-246 was given first, second and third readings as follows: AN ORDINANCE RENAMING LEWIS DRIVE, IN TWIN LAKFS SUBDIVISION, CITY OF CAPE GIRARDEAU, MISSOURI The first, second and third readings of BILL 93-246 were approved and the ordinance adopted upon Dr. Kasten's motion, Mr. Gateley's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93- 246 is ORDINANCE NO. 1441. BILL NO. 93-247 and BILL NO. 93-248 were declared emergency measures upon Dr. Kasten's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-247 was given first, second and third readings as follows: AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, ESTABLISHING A 25 MILE PER HOUR SPEED LIlVIIT IN TWIN LAKES SUBDIVISION ON SANDSTONE LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first, second and third readings of BILL 93-247 were approved upon Mr. Gateley's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-247 is ORDINANCE NO. 1442. BILL NO. 93-248 was given first, second and third readings as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY PLACING A STOP SIGN IN TWIN LAKES SUBDIVISION ON SANDSTONE LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first, second and third readings of BILL 93-248 were approved upon Mr. Gateley's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-248 is ORDINANCE NO. 1443. BILL NO. 93-241 was presented as follows: 256 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI October 18 19 93 LL.13703 A RESOLUTION DECLARING IT NECESSARY TO IMPROVE THAT PART OF MARGARET STREET BETWEEN LEROY AND MARVIN STREETS, APPRO��ATELY 212 LINEAL FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 93-241 was approved and the resolution adopted upon Mr. Spradling's motion, Dr. Kasten's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-241 is RESOLUTION NO. 872. BILL NO. 93-240 was presented as follows: A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH THE "CONIMLTNITY DEVELOPMENT BLOCK GRANT" PROGRAM AND AUTHORIZING THE CITY MANAGER TO PURSUE ACTIVITIES IN AN ATTEMPT TO SECURE FUNDING FOR FLOOD RECOVERY RELIEF The reading of BILL NO. 93-240 was approved and the resolution adopted upon Mr. Spradling's motion, Dr. Kasten's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-240 is RESOLUTION NO. 873. BILL NO. 93-244 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE ARMY CORPS OF ENGINEERS FOR APPRAISAL UPDATES AND COURT TESTIlVIONY FOR PROPERTIES AT THE DETENTION RESERVOIR, THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The reading of BILL NO. 93-244 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-244 is RESOLLTTTON NO. 874. BILL NO. 93-245 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH BURNS &MCDONNELL ENGINEERING COMPANY, INC. FOR SANITARY LANDFILL CLOSURE 257 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $G'SSIOn October 18 1 g 93 S�L.13703 The reading of BILL NO. 93-245 was approved and the resolution adopted upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-245 is RESOLUTION NO. 875. Mr. R. J. McKinney and Mr. Charles Thrower, Jr. were appointed to the Planning and Zoning Commission for terms expiring November 1, 1997, upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Terry Ashby, Stephen W. Jackson, and Mike Kohlfeld were appointed to the Parks and Recreation Advisory Board for terms expiring October 29, 1996, upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Mr. Richards made a motion, seconded by Ms. Wulfers, to accept the proposal of Police Chief Butch Boyd as presented at the October 4, 1993, City Council study session with the exception to accelerate the hiring of two police officers from July 1, 1994, to January 1, 1994. In addition, if the City does not receive the 75 percent funding for the two community service officers as proposed, the City will pick up the program and pay the entire cost of hiring two community service officers. The City staff should prepare the supplemental budget appropriations as needed. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Dr. Kasten made a motion, seconded by Mr. Spradling, to authorize participation in the cost of construction of Yorktown Drive at a rate of $13.40 per yard, for a total reimbursement of $6,818.81; to accept into the City's system the sanitary sewer and street improvements and storm sewers in the street right of way, in Northfield Thirteenth and Fourteenth Subdivisions; and to authorize release of escrow in the amount of$85,000 to cover these improvements. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The preliminary plat of Clarkton Place Subdivision Phase IV was approved upon Mr. Gateley's motion, Ms. Wulfers second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Mr. Spradling made a motion, seconded by Ms. Wulfers to approve the water main extension plans to serve the Route W trailer court. Mr. Spradling made an amending motion, seconded by Ms. Wulfers, that the approval be contingent upon the owners of the trailer court signing an annexation agreement to the City of Cape Girardeau. The amending motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. 258 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI October 18 19 �_ SLL 13703 BILL NO. 93-249 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF MOUNT AUBURN SUBDIVISION NO. 6 The first reading of BILL 93-249 was approved upon Mr. Gateley's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The improvement plans for streets, storm and sanitary sewers for Mount Auburn Subdivision No. 6 were approved upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, L'unbaugh, Richards, Spradling, Wulfers. Nays, none. The improvement plans for streets, storm and sanitary sewers for Crites Eighth Subdivision were approved upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling,Wulfers. Nays, none. There being no further business, the Council adjourned and reconvened as the Board of Appeals for the Floodplain Management Regulations upon Mr. Spradling's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Mr. Spradling made a motion, seconded by Dr. Kasten, that a variance be granted to the elevation requirement for the placement of a mobile home by Finley Burke at 2822 Big Bend Road, with the exception that the wheels and tongue be left on the trailer so it can be moved if the area is flooded again. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. There being no further business, the Board of Appeals adjourned upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. - �' � / �rancis E. Rhodes, Mayor �� � � Gayle . Conrad, Deputy City Clerk 259 Proceedings of the City Council, City of Cape Girardeau, Mo. Session 19 SLL.13703 THIS PAGE INTENTIONALLY LEFT BLANK