Loading...
HomeMy WebLinkAboutCouncil.Minutes.07-20-1992.Regular 286 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $ession July 20, 19 92 s[.Ussv� REGULAR SFSSION - JiJLY 20, 1992 Council convened in regular session on Monday, July 20, 1992, at 7:30 p.m. with Mayor Francis E. Rhodes presiding and Council members Melvin Gateley, Melvin Kasten, David Limbaugh, A1 Spradling III, and Mary Wulfers present. Doug Richards was absent. Prior to the regular session, Council convened in executive session for purposes of discussing litigation and real estate upon Mr. Gateley's motion, Mr. Limbaugh's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. The Invocation was presented by Rev. Bruce Edwards, Centenary United Methodist Church. The Pledge of Allegiance was led by girl scouts from Troop #64, St. Vincent De Paul School. The minutes from the July 6, 1992, Regular Session and Executive Session were approved upon Mr. Limbaugh's motion, Mrs. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. This being the date set for a public hearing regarding a petition for voluntary annexation of real estate located on Route W approximately 1,000 feet south of its intersection with Perryville Road and owned by Union Elecric Company and Thomas E. Hamilton and Ceclia A. Lamp-Hamilton, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the necessity of making certain sewer improvements in Lateral Sewer District No. 14-1-F-1, the hearing was opened. Mr. Kensey Russell, City Engineer, stated that he had received letters from O'Loughlin, O'Loughlin and McManaman; Dr. Yong Kie Kim; and the State Department of Health(Cape Girardeau County Health Department),regarding this project. Copies of these letters are attached to and made a part of these minutes. There being no further appearances, the hearing was closed. Mr. Craig Felzein, 2916 Bella Vista, appeared before the Council on behalf of the United Way Board of Directors. Mr. Felzein requested that volunteers be given permission to sell newspapers on street corners between 6:00 a.m. and 12:00 p.m. on September 15, 1992, for "Project YELL" (Youth, Education, Learning, Literacy). Permission was granted upon Mr. Limbaugh's motion, Mrs. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, I none. �� 287 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $eSSIOn July 20, 19 92 SLL-9976 Mr. Gary Arnold, 2114 Cambridge, appeared before the Council and requested that BILL NO. 92-151, An Ordinance approving the record plat of Sweetbriar Estates, be declared an emergency measure. BILL NO. 92-151 was given first, second, and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF SWEETBRIAR ESTATES A motion was made by Mr. Spradling and seconded by Ms. Wulfers to declare BILL NO. 92-151 an emergency measure pursuant to Section 3.15(a) of the City Charter and to approve the first, second, and third readings of BILL NO. 92-151. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BII,L NO. 92-151 is ORDINANCE NO. 1202. Mr. John Schmoll, Southeast Discount Golf, 1900 N. Kingshighway, appeared before the Council regazding sewer improvements in Lateral Sewer District No. 14-1-F-1. Mr. Schmoll expressed concern that he would not get the most benefit fmm the sewer improvements because most of his property is in the floodplain or floodway. Mr. Schmoll emphasized that he is in favor of the project, but requested that his assessment be reduced. His attorney, Mr. Jim Tweedy, stated that an exception had been made on the assessment for the Cape Girardeau Country Club in a similar situation. City staff advised that it would be best to proceed with the project and make a decision regarding this request when the project is complete and the ordinance authorizing the assessments is placed on the agenda. Mr. Lawrence Godfrey, 1732 Rampart, appeared before the Council regarding a petition being circulated to amend the City Charter. He asked what the deadline would be for him to submit the petition in order to have it placed on the November ballot. He specif'ically asked about the amount of time it would take to verify the signatures. Mr. Ron Fischer, City Manager, stated that the signatures were verified by the Cape Girardeau County Clerk and suggested that he contact Mr. Rodney Miller to fmd out how long it would take. Additionally, Mr. Warren Wells, City Attorney, was instructed � to respond to Mr. Godfrey's question regarding the deadline for submission of the petition. Mr. Godfrey also stated that he had been having problems with wild animals getting into his trash. Mr. Fischer stated that Mr. Godfrey could contact one of the animal wardens at the Police Department for assistance. Mr. Godfrey suggested that doctors and lawyers be required to be licensed by the City. Mr. Wells responded that Missouri State Statutes prohibited this. � I �I ass Proceedings of the City Council, City of Cape Girardeau, Mo. Recrular $eSSIOn Jul� 20, 19 —2� s[.L�ssz� Mr. Glen Smart, 1306 Sonnet Drive, appeared before the Council regarding BILL NO. 92-137, An Ordinance amending Chapter 13 of the Code of Ordinances relating to abatement of nuisances, and BILL NO. 92-138, An Ordinance amending Chapter 22 of the Code of Ordinances relating to excessive weed growth. He expressed concern with regard to repeat offenders. Mr. Tom Mogelnicki appeared before the Council regarding BILL NO. 92-137, An ' Ordinance amending Chapter 13 of the Code of Ordinances relating to abatement of nuisances, and BILL NO. 92-138, An Ordinance amending Chapter 22 of the Code of Ordinances relating to excessive weed growth. He sta.ted that he owns property in the City that has not been developed. He stated that he does not keep the pmperty up and expressed concern that he would have to because of these ordinances. A motion was made by Mr. Spradling and seconded by Dr. Kasten that the Council forward the Convention and Visitors Advisory Board's recommendation to the Parks and Recreation Advisory Board to pursue the sports theme for use of excess funds and report back to the Council within a reasonable tune. Further, that representatives of the Convention and Visitors Advisory Board be present at the next City Council meeting to answer questions concerning their recommendations. A motion was made by Mayor Rhodes and seconded by Mr. Gateley to amend the original motion by adding that action be delayed until after the Convention and Visitors Advisory Board has appeared at the next City Council meeting to answer any questions regarding their recommendations. The motion failed upon the following roll call vote: Gateley, Aye; Kasten, Nay; Limbaugh, Nay; Rhodes, Aye; Spradling, Nay; Wulfers, Nay. Following discussion, a motion was made by Mr. Gateley and seconded by Mayor Rhodes to close debate. The motion failed upon the following roll call vote: Kasten, Aye; Limbaugh, Nay; Rhodes, Aye; Spradling, Nay; Wulfers, Nay; Gateley, Aye. Mayor Rhodes stated that the motion failed due to the lack of two-thirds of the majority voting affirmatively. Following further discussion, Mr. Spradling's original motion was approved upon the following roll call vote: Limbaugh, Aye; Rhodes, Nay; Spradling, Aye; Wulfers, Aye; Gateley, Nay; Kasten, Aye. Mayor Rhodes stated that he met with the Economic Industrial Development Committee, which consists of Cape Girardeau County, City of Cape Girardeau, City of 7ackson, City of Scott City (because they have real estate in Cape Girardeau County), Jackson Chamber of Commerce, Cape Girardeau Chamber of Commerce, and Scott City Chamber of Commerce, with regard to jointly supporting an economic industrial developer for the entire area. He stated that the comments were that Cape Girardeau County and the City 289 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular Session Ju�y 20, �q 92 SI..9975 of Cape Girardeau should both fund this project at $50,000 a year, and $20,000 would come from 7ackson and their Chamber, $25,000 would come from the Cape Girardeau Chamber, and $5,000 from Scott City and their Chamber. His formal motion was as follows, "That we would commit, if everybody else does and this becomes a reality, that the City of Cape Girardeau would fund this program to the tune of$50,000 for economic industrial development. That would be, we all should be working together through one entity to bring industry to this area." Discussion clarified that the City of Cape Girardeau would commit $50,000 per year for a three year period. Mr. Gateley expressed his opinion that this subject should be placed on the agenda and be reviewed by the City staff before a decision is made. After discussion, the motion was approved upon the following mll call vote: Rhodes, Aye; Spradling, Aye; Wulfers, Aye; Gateley, Nay; Kasten, Aye; Limbaugh, Nay. Mayor Rhodes announced that the first City Council meeting in September would be held on Wednesday, September 9, 1992, due to the Labor Day holiday. Mr. Glen Kinder appeared before the Council regarding sewer improvements in Lateral Sewer District No. 14-1-F-1. Mr. Kinder expressed concern regarding the method in which the project would be paid for. City staff advised that it would be best to proceed with the project and discuss this issue when the project is complete and the ordinance authorizing the assessments is placed on the agenda. The following ordinances were given second and third readings as follows: Bn..L 2_ 1 N0. 9 127 AN ORDINANCE ACCEPTING QUIT CLAIM DEEDS, EASEMENTS AND AN ASSIGNMENT EXECUTED BY UI�TION ELECTRIC COMPANY IN CONNECTION WITH THE CITY'S PURCHASE OF THE WATER SYSTEM BILL NO. 92-130 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY PLACING STOP SIGNS ON CAROLINA LANE, GRANDVIEW, DAVID STREET, LONGVIEW DRIVE AND DELWIN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BII.L NO. 92-133 AN ORDINANCE ACCFPIING GF.NRRAi. WAF:RANTY DEEDS FROM FRANK W. HICKS AND EDNA O. HICKS; J. ROBERT MAXWELL AND MARY JANE MAXWELL; AND KENNETH J. VOEPEI. AND JLTDITH A. VOEPEL FOR THE � CAPE LA CROIX CREEK/WALKER BRANCH FLOOD j CONTROL PROJECT I 290 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Jul� 20, 19 �� SLI.9976 BILL NO. 92-132 AN ORDINANCE ACCEPTING PERMANENT EASIIVIENTS AND TEMPORARY CONSTRUCTION EA5EMENTS FROM MARK L. VVERNER; AND CHARLES HOPKINS AND FERN HOPKINS FOR THE COLLEGE-JEFFERSON COMMiTNITY BLOCK GRANT SEWER PROJECT BILL NO. 92-134 AN ORDINANCE ACCEPTTNG A CONSTRUCTION EA5EMENT AND A PERMANENT EASEMENT FROM FLORIAN J. ARMSTRONG AND GRACE ARMSTRONG; AND ACCEP'TING A GFNF—RAi_. WARRANTY DEED, A TII��IPORARY CONSTRUCTION EASEMENT, AND A STORM DRAINAGE EASEMENT FROM PIONEER DEVELOPMENT AND ORCHARD COMPANY FOR THE SOUTHWEST TRUNK SEWER PROJECT, PHASE II, SECTION II BILL NO. 92-135 AN ORDINANCE ESTABLISHING THE BOUNDARIFS OF LATERAL SEWER DISTRICT NO. 14-1-F-1, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1-F, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SAIVITARY LATERAL SEWERS IN SEWER DISTRICT NO. 14-1-F-1, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 92-140 AN ORDINANCE ESTABLISHING TI� BOUNDARIES OF TRUNK SEWER DISTRICT NO. 14-1-F, A PART OF TRUNK SEWER DISTRICT NO. 14-1, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 92-141 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TII��ORARY CONSTRUCTION EASEMENTS FROM AUBURN PROFESSIONAL PROPERTIES;7ESSE R. RAMSEY, D.O.; FIRST PENTECOSTAL CHURCH; ALAN D. FARROW AND MARTHA K. FARROW; AND MELVIN H. SCHIVIIDT AND DORIS 7. SCHIVIIDT FOR THE MT. AUBURN/KAGE ROAD SAI�TITARY SEWER EXTENSION The second and third readings of BILL NOS. 92-127, 92-130, 92-133, 92-132, 92-134, 92-135, 92-140 and 92-141 were approved and the ordinances adopteri upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 92-127 is ORDINANCE NO. 1203, BILL NO. 92-130 is ORDINANCE NO. 1204, BILL NO. 92- 133 is ORDINANCE NO. 1205, BILL NO. 92-132 is ORDINANCE NO. 1206, 291 Proceedings of the City Council, City of Cape Girardeau, Mo. �tggul�r Session July 20, 19 2� SI.L-9975 BII.L NO. 92-134 is ORDINANCE NO. 1207, BILL NO. 92-135 is ORDINANCE NO. 1208, BII.L NO. 92-140 is ORDINANCE NO. 1209, and BILL NO. 92-141 is ORDINANCE NO. 1210. i� BILL NO. 92-137 was given second and third readings as follows: � ; AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES � RELATING TO ABATEMENT OF NUISANCES A motion was made by Mr. Gateley and seconded by Mrs. Wulfers to accept amendments to the Ordinance as stated by Mr. Wells. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. � The second and third readings of BILL NO. 92-137 were approved and the ordinance � adopted upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, I, Wulfers. Nays, none. BILL NO. 92-137 is ORDINANCE NO. 1211. BILL NO. 92-138 was given second and third readings as follows: , AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES I RELATING TO EXCESSIVE WEED GROWTFi � A motion was made by Mr. Spradling and seconded by Mrs. Wulfers to accept amendments to the Ordinance as stated by Mr. Wells. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. The second and third readings of BILL NO. 92-138 were approved and the ordinance adopted upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 92-138 is ORDINANCE NO. 1212. � BILL NO. 92-152 was given first reading as follows: �� AN ORDINANCE PERTAI1vING TO TI�LICENSING OF PERSONS ENGAGED IN THE CONSTRUCTION TRADES The first reading of BILL NO. 92-152 was approved upon Mr. Spradling's motion, Mrs. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. � I 292 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $eSSiOn July 20. 19 �� s[.[.-ss�s BILL NO. 92-150 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY PLACING STOP SIGNS ON PERRYVILLE ROAD AND LEXINGTON AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 92-150 was approved upon Mr. Spradling's motion, Mrs. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BII.L NO. 92-149 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A WRECKER SERVICE AGREEMENT WITH SEABAUGH'S AUTO REPAIR & WRECKER SERVICE The reading of BILL NO. 92-149 was approved and the resolution adopted upon Mr. Spradling's motion, Mrs. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, 5pradling, Wulfers. Nays, none. BILL NO. 92-149 is RESOLVTION NO. 738. A motion was made by Mayor Rhodes to appoint Melvin Gateley to serve on the Solid Waste Management District Board. Following discussion, Mayor Rhodes withdrew his motion. � A motion was made by Mr. Gateley and seconded by Mrs. Wulfers to appoint Al Spradling III to serve on the Solid Waste Management District Board. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. A temporary 5� beer by drink license was granted to the Cape Girardeau Jaycees for the Kohlfeld Capaha Baseball Tournament, July 24-26, 1992, upon Mr. Spradling's motion, Mrs. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BII.L NO. 92-153 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT EA5EMENTS AND TEMPORARY CONSTRUCTTON EASEMENTS FROM HAROLD R.MEYR AND DOLORIS MEYR; 70 WAYNE STRACK; JO ANNA PEEK AND DORTHA STRACK; HAROLD A. STRACK AND DOROTHY JANE STRACK; HAROLD ALBERT STRACK AND 293 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular Session July 20, 19 92 .ss�s DORTHA JANE STRACK; AND HAROLD A. STRACK, DORTHA JANE STRACK, ALAN DALE STRACK, AND LISA A. STRACK FOR THE UPPER CAPE LA CROIX TRUNK SEWER PROJECT, PHASE 4, SECTIONS I AND II The first reading of BILL NO. 92-153 was approved upon Mr. Spradling's motion, Mrs. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 92-154 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF RANDOL FARMS FIFTH � ADDITION The first reading of BILL NO. 92-154 was approved upon Mr. Spradling's motion, Mrs. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh (abstain), Rhodes, Spradling, Wulfers. Nays, none. Conditional approval of a temporary 5% beer by drink license for the Muscular I I Dystrophy Association for an event at the A.C. Brase Arnea Building on August 1, 1992, was granted upon Mr. Spradling's motion,Mrs. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Lunbaugh, Rhodes, Spradling, Wulfers. Nays, none. There being no further business, the meeting adjourned upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. � Francis E. Rhodes, Mayor �� � I .�GC� Juli A Da1e, Deputy City Clerk � � I � I I i � I 7-13 -9Z d'c Regular Session - July 20, 1992 294 O'LOUGHLIN, O'LOUGHLIN & McMANAMAN wrroxrr�rs wTi,ww 1736 NORTH KINGSHIGHWAY CAPE GIRARDEAU,MISSOURI 63701 TOM K O'LOU�NLIN 11 314/334-9104 J.PATR�CK O'IOUGHL�N FAX 91�/334-5250 KENNETH C.MoMANAMAN• ,� •ADMrtTED�N MI�60URt, FlA1110A AND DI{TRICT OR COWMlU July 10, 1992 J. Rer.sey Russell, P.E. City Engineer City of Cape Girardeau 401 Independence P. O. Box 617 Cape Girardeau, Missouri 63702 RE: North Kingshighway/Route W Sewer Proposal Dear Mr. Russell: Please be advised that this firm, at 1736 North Ringshighway, has an adequate septic and drainage field and has no need for the proposed sewers. For this, and other reasons, we object to the project and do not intend to participate nor connect to the sewer. Sincerely, O'LOUGHLIN, O'LOUGHLIN & McMANAMAN �� �s �v �"'�.�.o f Tom K. O'Loughlin II TKO:tg Regular Session - July 20, 1992 295 CAPE NEUROSURGICAL ASSOCIATES, P.C. PRACTICE LIMITED TO NEUROSURGERY 3129 BLATi'NER DR1VE CAPE GIRARI]EpU,MO 63�01 PHONE 314/339-0900 i YONG KIE KIM,M.D.,F.A.C.S. DAVID G.YINGLING,M.D. July 13 , 1992 City of Cape Girardeau Mr. J. Kensey Russell, P.E. P.O. Box 617 Cape Girardeau, MO 63702-0617 Dear Mr. Russell, I am in receipt of your letter of July 9, 1992 . I am all for the City doing the pro�ect. $0. 042 seems to be very expensive, but we will have to pay whatever it costs. My concern is that I have onl� seven acres of land on the south side of the creek where the sewer trunks will run, but only one and one half acres are out of the flood zone, and -the rest of them are in the flood zone. I was wondering why this non-usable land is to be calculated as a sewer dis- trict. It would be only fair if the City calculates only the useful land, outside of the flood zone where buildings are allowed to be erected. I tried to clean the creek and dig out some dirt from the creek bottom without moving the way the creek runs, but the City engineers are not allow- ing me to do that and I am not sure how in the world I can gain any dirt to make to flood zone useful. If we clean the creek, it will be still good for the creek and good for my property on each side of the creek. I would appreciate it very much it you would consider the above con- cerns of our property owners. Sincerely, ��� ong Kie Kim, M.D. YKK/rmm � ti �� ., � , .. Regular Session - July 20, 1992 , 296 , > � , ' PHONE 335-7846 CAPE GIRARDEAU COUNTY PUBLIC HEALTH CENTER 1121 Linden Street Cape Girardeau, Missouri 63701 tiay 21, 1992 � • � Kent Bratton City of' Cape Girardeau � 401 Independence C�pe Girardeau, Ii0 63701 Dear Iir. Bratton Please find enclosed the sevage survey report for the Cape LaCroix Creek Matershed that representatives of the �issouri Department of Health and Cape Girardeau County Health Department perf or�ued on ?tay 4, 1992. Over half of the systems surveyed vere failing at the time of the survey. Some of the functioning systems can be expected to fail i.f vater usage changes. Me also think that the O'Loughlin property has rastevater leaving the property since there is not space available on the site for a system. I suggest contacting them and requesting that they verify that they have a functioning system. Please co�tact our office if you have any questions. Sincerely, �G (�' K ci.��-2i �� Diane Gregory Environmental Sanitarian J?i:bg cc: S.E. District Health Office File Equal Opportunity Affirmative Action Employer Agency Service Provided on a Nondiscriminatory Basis