HomeMy WebLinkAboutCouncil.Minutes.11-01-1993.Regular 262
Proceedings of the City Council, City of Cape Girardeau, Mo.
RPqnlar S2SSIOt1 November 1 19 93
13703
REGULAR 5E5SION - NOVF.MBER 1, 1993
Council convened in regular session on Monday, November 1, 1993, at 7:30 p.m. with
Mayor Francis E. Rhodes presiding and Council Members Melvin Gateley, Melvin
_ Kasten, Doug Richards, A1 Spradling III, and Mary Wulfers present. David Limbaugh
was absent .
Prior to the regular session, Council convened in Executive Session for purposes of
discussing personnel issues upon Mr. Spradling's motion, Dr. Kasten's second, and the
following vote: Ayes, Gateley, Kasten, Rhodes Richards, Spradling, Wulfers. Nays,
none.
The Invocation was presented by Melvin Gateley, and the Pledge of Allegiance was
recited.
The minutes from the October 18, 1993, Regular and Executive 5essions were approved
upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes,
Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none.
The agenda was adopted as distributed to the Council upon Dr. Kasten's motion, Ms.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
This being the date set for a public hearing regarding the request of Harold J. and
Yvonne M. Werner to rezone property at 2011 - 2019 Perryville Road from R-1, single
family residential district, to G1, local commercial district, the hearing was opened.
Mr. Marvin Broadbent, 2037 Perryville Road, appeared before the Council and
submitted a petition signed by 48 homeowners objecting to this rezoning request. The
petition is attached hereto and made a part of these minutes (E�ibit A). Mr. Harold
Werner, 1907 Colonial Lane, appeared before the Council and stated the reason for the
rezoning request is to add parking to his current business on Perryville Road. In
addition, he may put in a beauty shop or laundrymat. There being no further
appearances, the hearing was closed.
This being the date set for a public hearing regarding the request of Gregory A.
Sparkman and Lester Sample for a special use permit for an automobile salvage operaxion
at 503 Maple Street, the hearing was opened. Mr. Tom Ludwig, counsel for Mr. Lester
- Sample, appeared before the Council in favor of the special use permit. Mr. Sample
currently operates an auto repair shop at 212 S. Spanish, and this permit will allow Mr.
Sample to move the e�sting cars at the Spanish Street location to the Maple Street
location. This will also allow Mr. Sample to come into compliance with the City Code
of Ordinances relative to zoning.
Mr. Terry Neumeyer, appeared before the Council on behalf of the Riverside
Neighborhood Association, in opposition to the request for a special use permit. Mr.
i
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $BSSIOCI November 1 19 93
SLL.13703
Terry Juden also appeared before the Council in opposition to the special use permit.
He stated he also appeared before the Planning and Zoning Commission and objected to
the permit. There being no further appearances, the hearing was closed.
This being the date set for a public hearing regarding the request of Howard E. and
Linda Metheny for a special use permit for a business office with one employee at 2541
Ranchito Drive, the hearing was opened. There being no appearances, the hearing was
closed.
This being the date set for a public hearing regarding the necessity to improve that part
of Margaret Street between L.eroy and Marvin Streets, approximately 2121ineal feet, the
hearing was opened. Mr. Terry Scbnurbusch, 1410 Margaret Street, appeared before
the Council requesting to view the revised blueprints of the Margaret Street
improvements before Council took action. Mr. Schnurbusch was directed to Kensey
Russell, City Engineer, to review the plans. There being no further appearances, the
hearing was closed.
This being the date set for a public hearing to consider vacating the City's interest in an
existing sanitary sewer easement in Northfield Thirteenth Subdivision, the hearing was
opened. There being no appearances, the hearing was closed.
The following bills were given second and third readings:
BILL NO. 93-242 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
BILL NO. 93-237 AN ORDINANCE ACCEPTTNG PERMANENT EASEMENTS
AND TEMPORARY CONSTRUCTION EASEMENTS FROM
URBAN L. KRAMER AND MARIAN S. KRAMER;
FLORENCE SCHLEMEYER; AND DAISY B. DRURY FOR
THE NORTH KINGSHIGHWAY SArTITARY SEWER PROJECT
BILL NO. 93-243 AN ORDINANCE APPROVING THE RECORD PLAT OF
MORRIS SUBDIVISION
BILL NO. 93-249 AN ORDINANCE APPROVING THE RECORD PLAT OF
MOUNT AUBURN SUBDIVISION NO. 6
The second and third readings of BILL NOS. 93-242, 93-237„ 92-243 and 93-249, were
approved and the ordinances adopted upon Mr. Spradling's motion, Ms. Wulfers'
second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling,
Wulfers. Nays, none. BILL NO. 93-242 is ORDINANCE NO. 1444. BILL NO. 93-
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $@SSIOCI November 1 19 93
03
237 is ORDINANCE NO. 1445. BILL NO. 93-243 is ORDINANCE NO. 1446. BILL
NO. 93-249 is ORDINANCE NO. 1447.
BILL NO. 93-251 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY
CODE, BY PLACING A STOP SIGN ON STEVENS DRIVE AT LEXINGTON
AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL 93-251 was approved upon Mr. Spradling's motion, Ms.
Wulfers' second and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 93-252 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONiNG OF
2011-2019 PERRYVILLE ROAD, CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI, FROM R-1 TO C-1
Mr. Spradling made a motion, seconded by Ms. Wulfers, to approve the first reading of
BILL 93-252. Mr. Calvin Wells questioned how long a notice must be posted on the
property that is subject to being rezoned. He objected to this area being rezoned. After
discussion Mr. Gateley made a motion, seconded by Ms. Wulfers, to table BILL NO.
93-252 to the November 15, 1993 City Council meeting and to review the ramifications
of the petition submitted by Mr. Broadbent. The motion was approved on the following
vote: Ayes, Gateley, Kasten, Rhodes (abstain), Richards, Wulfers. Nays, Spradling.
BILL NO. 93-253 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO GREGORY A.
SPARKMAN AND LESTER SAMPLE, FOR PURPOSES OF MAINTAINING AND
OPERATING AN AUTOMOBILE SALVAGE OPERATION AT 503 MAPLE STREET,
IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 93-253 was not approved due to lack of a motion.
BILL NO. 93-254 was given first reading as follows:
, AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO HOWARD E.
� METHENY AND LINDA METHENY, FOR PURPOSES OF MAINTAIIVING AND
OPERATING A BUSINESS OFFICE WITH ONE EMPLOYEE AT 2541 RANCHITO
DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
I
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI November 1 19 93
SLL.13703
The first reading of BILL NO. 93-254 was approved upon Mr. Spradling's motion, Mr.
Richards' second and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 93-258 was given first reading as follows:
AN ORDINANCE VACATING THE CITY'S INTEREST IN A SEWER EASEMENT
IN NORTHFIELD THIRTEENTH SUBDIVISION, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BILL NO. 93-258 was approved upon Mr. Gateley's motion, Dr.
Kasten's second and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 93-256 was given first reading as follows:
AN ORDINANCE REPEALING ORDINANCE NO. 1430 AND AMENDING
CHAP'TER 29 OF THE CODE OF ORDINANCES RELATING TO TAMPERING
WITH EQUIPMENT OR APPURTENANCES OF THE SEWAGE WORKS
The first reading of BILL NO. 93-256 was approved upon Mr. Spradling's motion, Dr.
Kasten's second and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 93-257 was given first reading as follows:
AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER
DISTRICT NO. 14-2-E, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-2,
APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A
SYSTEM OF SA1�iITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO.
14-2-E, UNDER A PRIVATE CONTRACT SUBJECT TO CERTAIN PROVISIONS,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 93-257 was approved upon Mr. Gateley's motion, Mr.
Spradling's second and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 93-259 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ESCROW AGREEMENT AND IRREVOCABLE LETTER OF CREDIT WITH Ge
KEITH DEIMUND TRUST AND CAPITAL BANK OF CAPE GIRARDEAU
COUNTY, FOR MOUNT AUBURN SUBDIVISION NO. 6
266
Proceedings of the City Council, City of Cape Girardeau, Mo.
RP�,LI ar $QSSIOtI November i 1 g ��
13703
The reading of BILL NO. 93-259 was approved and the resolution adopted upon Dr.
Kasten's motion, Mr. Spradling's second and the following vote: Ayes, Gateley, Kasten,
Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-259 is
RFSOLUTION NO. 876.
BILL NO. 93-255 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH PR DEVELOPERS, INC. FOR THE MARGARET STREET
IMPROVEMENTS
The reading of BILL NO. 93-255 was approved and the resolution adopted upon Mr.
Gateley's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten,
Rhodes, Richards, Spradling (abstain), Wulfers. Nays, none. BILL NO. 93-255 is
RFSOLUTION NO. 877.
BILL NO. 93-260 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH MONROE PLUMBING AND HEATING COMPANY FOR
RELOCATION OF A 6 INCH WATER LINE ALONG INDEPENDENCE STREET
The reading of BILL NO. 93-260 was approved and the resolution adopted upon Mr.
Spradoing's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley,
Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-260 is
RFSOLLTTION NO. 878.
BILL NO. 93-261 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGR:EEMENT WITH LEMONS LANDFILL CORPORATION FOR SOLID WASTE
TRANSPORTATION AND DISPOSAL
The reading of BILL NO. 93-261 was approved and the resolution adopted upon Mr.
Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley,
Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-261 is
RFSOLLTTTON NO. 879.
Mr. Thomas M. Meyer was appointed to the Golf Course Advisory Board for a term
� expiring November 12, 1996, upon Mayor Rhodes' motion, Mr. Gateley's second, and
� the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers.
Nays, none.
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Proceedings of the City Councii, City of Cape Girardeau, Mo.
Regular $gSSIOCI November 1 19 93
SLL.13703
The plans for the extension of the water distribution system to serve B & E Subdivision
were approved upon Mr. Gateley's motion, Mr. Spradling's second, and the following
vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none.
The plans for the extension of the water distribution system to serve Ashland Eighth
Subdivision were approved upon Dr. Kasten's motion, Mr. Gateley's second, and the
following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling (abstain), Wulfers.
Nays, none.
The improvement plans for a sewer extension for Cape West Sth Subdivision to service
the Drury Inn Suites were approved upon Mr. Gateley's motion, Ms. Spradling's second,
and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers.
Nays, none.
The improvements to the water main extension along Bloomfield Road crossing Interstate
Highway 55 were approved, and payment to Dutch Enterprises, Inc. was authorized upon
Dr. Kasten's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley,
Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none.
There being no further business, the Council adjourned upon Mr. Spradling's motion,
Mr. Richards' second and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
;
��J _
� � � �J
Francis E. Rhodes, Mayor
Gayle L. onrad, Deputy City Clerk
• Exhibit A
• 268
CONCERNED NEIGHBORS OF LEXINGTON AND PERRYVILLE ROAD,
REGARDING�REZOINING OF CORNER LOT STATED AS
2019 PERRYVILLE ROAD FROM A R-1, RESIDENTIAL AREA 'FO
COMMERCIAL C-l.
BELOW SIGNED NEIGHBORS REQUEST THIS ZONING BE DENIED,
�� REAS4N FOR DENIAL.
1. HEAVIER TRAFFIC. �
2. MORE NOISE.
3. CONGERGATION OF PEOPLE OUT OF NEIGHBORHOOD.
4. EXTENSION OF OPE�IING ON LEXIl�TGTON TO PERRYVILLE
ROAD, CAUSING MORE TRAFFIC CONGESTI4N.
5. NEIGHBORS IN THIS AREA PURCHASED HOMES IN THIS
AREA FOR RESIDENTIAL SITTING, WHICH WOULD
CONFORM TO PAST PLANNING.
b FEEL THIS W4ULD DECREASE PROPERTY VALUES IN
IMMEDIATE RESIDENTIAL AREA.
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269
_ CONCERNED NEIGHBORS OF LEXINGTON AND PERRYVILLE ROAD,
REGARDING=�tEZOINING OF CORNER LOT STATED AS
2019 PERRYVILLE ROAD FROM A R-1, RESIDENTIAL AREA�'O
COMMERCIAL C-l. M �
BELOW SIGNED NEIGHBORS REQUEST THIS ZONING BE DENIED. � �
REASON FOR DENIAL. �
1. HEAVIER TRAFFIC. '
2. MORE NOISE.
3. CONGERGATION OF PEOPLE OUT OF NEIGHBURHOOD.
4. EXTENSION OF OPEi�tING ON LEXINGTON TO PERRYVILLE
ROA.D. CAUSING MORE TRAFFIC CONGESTION.
�. NEIGHBORS IN THIS AREA PURCHASED HOMES IN THIS
AREA FOR RESIDENTIAL SITTING. `VHICH WOULD
CONFORM TO P�.ST PLA��INING.
6 FEEL THIS WOtJLD DECREASE PROPERTY VALUES IN
IMMEDIATE RESIDENTIAL AREA.
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Exhibit A
270
CONCERNED NEIGHBORS OF LEXINGTON AND PERRYVILLE ROAD,
REGARDING�REZOINING OF CORNER LOT STATED AS
2019 PERRYVILLE ROAD FROM A R-1, RESIDENTIAL AREA�'O
COMMERCIAL C-1.
� BELOW SIGNED NEIGHBORS REQUEST THIS ZONING BE DENIED,
REASON FOR DENIAL.
1. HEAVIER TRAFFIC. "
2. MORE i�10ISE.
3. CONGERGATION OF PEOPLE OUT OF NEIGHBORHOOD.
�. EXTENSION OF OPENING ON LEXINGTON TO PERRYVILLE
ROAD, CAUSING MORE TRAFFIC CONGESTION.
5. NEIGHBORS IN THIS AREA PURCHASED HOMES IN THIS
AREA FOR RESIDENTIAL SITTING, WHICH WOULD
CONFORM TO PAST PLANNING.
f� FEEL THIS WOULD DECREASE PROPERTY VALUES IN
IMMEDIATE RESIDENTIAL AREA.
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271
CONCERNED NEIGHBORS OF LEXINGTON AND PERRYVILLE ROAD.
REGA.RDING-REZOINING OF CORNER LOT STATED AS
2019 PERRYVILLE R4AD FROM A R-1, RESIDENTIAL AREA TO
COMMERCIAI, Gl. t
• � �
BELO`7�I SIGNED NEIGHBORS REQUEST THIS ZONING BE DENIED, �
REASON FOR DENIAL.
1. HEAVIER TRAFFIC. '
2. MORE NOISE.
3. CONGERGATI4N OF PEOPLE OUT OF NEIGHBOFcHOOD.
�. EXTENSION OF OPEi�1ING ON LEXINGTON TO PERRYVILLE
ROAD, CAUSING MORE TRAFFIC CONGESTION.
5. NEIGHBORS IN THIS AREA PURCHASED HOMES IN THIS
AREA FOR RESIDENTIAL SITTING, WHICH wTOULD
CONFORM TO PAST PLANNING.
C� FEEL THIS WOULD DECREASE PROPERTY VALUES IN
IMMEDIATE RESIDENTIAL AREA.
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Exhibit A
272
CONCERNED NEIGHBORS OF LEXINGTON AND PERRYVILLE ROA.D,
` REGARDING-REZOINING OF CORNER LOT STATED AS
2019 PERRYVILLE ROAD FROM A R-1, RESIDENTIAL AREA TO
COMMERCIAL G1.
BELOW SIGNED NEIGHBORS REQUEST THIS ZONING BE DENIED,
� REASON FOR DENIAL.
1. HEAVIER TRAFFIC. '
2. MORE NOISE.
3. CONGERGATION OF PEOPLE OUT OF NEIGHBORHOOD.
�. EXTENSION OF OPEi�tING ON LEXINGTON TO PER.R.YVILLE
R�AD, CAUSING MORE TRAFFIC CONGESTION.
5. NEIGHBORS IN THIS AREA PURCHASED HOMES IN THIS
AREA FOR RESIDENTI�L SITTING, WHICH WOULD
CONFORM TO PAST PLANNING.
6 FEEL THIS WOULD DECREASE PROPERTY VALUES IN
IlVIMEDIATE RESIDENTIAL AREA.
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Exhibit A
273
_ CONCERNED NEIGHBORS OF LEXINGTON AND PER.RYVILLE ROAD,
REGARDINGREZOINING OF CORNER LOT STATED AS
2019 PERRYVILLE ROAD FROM A R-1, RESIDENTIAL AREA�'O
COMMERCIAL C-1. � �
BELOW SIGNED NEIGHBORS RE UEST THIS ZONING BE DENIED, � �
Q . �
REASON FOR DENIAL.
1. HEAVIER TRAFFIC. '
2. MORE NOISE.
3. CONGERGATION OF PEOPLE OUT OF NEIGHBOFcHOOD.
�. EXTENSION OF OPEi�(ING ON LEXINGTON TO PERRYVILLE
ROA.D. CAUSING MORE TRAFFIC CONGESTION.
�. NEIGHBORS IN THIS A.REA PURCHASED HOMES N THIS
AREA FOR RESIDENTIAL SITTING. W"HICH WOULD
CONFORl�I T4 PAST PLAi�TNING.
6 FEEL THIS W(�ULD DECREASE PROPERTY VALUES IN
INIMEDIATE RESIDENTIAL AREA.
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Exhibit A
274
CONCERNED NEIGHBORS OF LEXINGTON AND PERRYVILLE ROAD,
REGARDING-REZOINING OF CORNER LOT STATED AS
2019 PERRI'�IILLE ROAD FROM A R-1, RESIDENTIAL AREA�'O
COMMERCIAL C-1.
� BELOW SIGNED NEIGHBORS REQIJEST THIS ZONING BE DENIED,
REASON FOR DENIAL.
1. HEAVIER TRAFFIC. '
2. MORE N4ISE.
3. CONGERGATION OF PEOPLE OUT OF NEIGHBOFcHOOD.
�. EXTENSION OF OPEi�tING ON LEXINGTON TO PERRYVILLE
ROAD, CAUSING MORE TRAFFIC CONGESTION.
5. NEIGHBORS IN THIS AREA PURCHASED HOMES IN THIS
AREA FOR RESIDENTIAL SITTING. WHICH WOULD
CONFORM TO P�ST PLAi�tNING.
6 FEEL THIS WOULD DECREASE PROPERTY VALUES IN
IMMEDIATE RESIDENTIAL AREA.
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