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HomeMy WebLinkAboutCouncil.Minutes.11-02-1992.Regular 365 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $gssiOn �ovember 2 , 19 92 si.L-ss�� REGiTI.AR SESSION - NOVEMBER 2, 1992 Council convened in regular session on Monday, November 2, 1992, at 7:30 p.m. with � Mayor Francis E. Rhodes presiding and Council Members Melvin Gateley, Melvin Kasten, David Limbaugh, Doug Richards, A1 Spradling III, and Mary Wulfers present. Prior to the regular session, Council convened in executive session for purposes of discussing litigation and real estate upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. The Invocation was presented by Captain Elmer Trapp of the Salvation Army, and the Pledge of Allegiance was recited. The minutes from the October 19, 1992, Regular Session and Fxecutive Session were approved upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. This being the date set for a public hearing regarding the request of the property owners to rezone 1218 Meadowbrook, 1222 Meadowbrook, 1226 Meadowbrook, 1230 Meadowbrook, 1228 Larry, 1224 Larry, 1220 Larry, and 1232 Larry from M-2, Heavy Industrial District, to R-1, Single Family Residential District, the hearing was opened. Ms. Helen McMahan appeared before the Council in favor of the rezoning. There being no further appearances, the hearing was closed. This being the date set for a public hearing regarding the request of James and Nancy Charles and Donald and Helen McMahan for a Special Use Permit for a mobile home at the rear of the house at 1232 I.arry Drive in the above rezoned area, the hearing was opened. Ms. Helen McMahan appeared before the Council in favor of the special use permit. There being no further appearances, the hearing was closed. This being the date set for a public hearing regarding the request of Joseph J. and Hertha C. Russell for a special use permit to construct a new facility for the Cape County Private Ambulance Service and to relocate a 100 foot radio tower at 1458 North Kingshighway in an R-1, Single Family Residential District, the hearing was opened. Mr. Joseph Russell appeared before the Council in favor of the special use permit. There being no further appearances, the hearing was closed. Mr. David Gerlach appeared before the Council to answer any questions regarding BILL NO. 92-232. Following discussion, BILL NO. 92-232 was given first reading as follows: 366 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $ession November 2 , �9 92 st.t.ss7s AN ORDINANCE APPROVING THE RECORD PLAT OF WOODLAND PLACE IVINTH SUBDIVISION A motion was made by Mr. Spradling and seconded by Ms. Wulfers that the first reading of BILL NO. 92-232 be approved. The motion passed upon the following vote: Ayes, Gateley, Kasten, Rhodes, Richards (abstain), Spradling, Wulfers. Nays, none. Mr. Limbaugh abstained for fmancial reasons. Following discussion, a motion was made by Mr. Spradling and seconded by Ms. � Wulfers that BILL NO. 92-232 be reconsidered. The motion passed upon the following vote: Ayes, Gateley, Kasten, Rhodes, Richards (abstain), Spradling, Wulfers. Nays, none. Mr. Limbaugh abstained for fmancial reasons. A motion was then made by Mr. Spradling and seconded by Mr. Gateley that the first reading of BILL NO. 92-232 be approved, subject to submission of a new record plat eliminating Lot 3 by attaching it to Lot 2. The motion passed upon the following vote: Ayes, Gateley, Rhodes, Richards (abstain), Spradling, Wulfers. Nays, Kasten. Mr. Limbaugh abstained for fmancial reasons. Mayor Rhodes encouraged all Cape Girardeau citizens to vote on election day. BILL NO. 92-231 was given second and third readings as follows: AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY I CODE, ESTABLISHING A 35 1VIILE PER HOUR SPEED LIlVIIT ON LEXINGTON AVENUE BETWEEN KINGSHIGHWAY AND PERRYVILLE ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NO. 92-231 were approved and the ordinance adopted upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richazds, Spradling, Wulfers. Nays, none. BILL NO. 92-231 is ORDINANCE NO. 1266. BILL NO. 92-240 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 PART OF FRACTIONAL SECTTON 14, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM M-2 TO R-1 � 367 Proceedings of the City Council, City of Cape Girardeau, Mo. Reaular $e55iOn November 2 , �992 si.L-ss�.� The first reading of BILL NO. 92-240 was approved upon Mr. Spradling's motion, Mr. Limbaugh's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, 5pradling, Wulfers. Nays, none. BILL NO. 92-241 was given first reading as follows: AN ORDINANCE GR:ANTING A SPECIAL USE PERMIT TO 7AMES CHARLES JR., NANCY LOUISE CHARLES, HELEN MCMAHAN AND DONALD MCMAHAN, FOR PURPOSES OF MAINTAIIVIIVG AND OPERATING A MOBILE HOME AT THE REAR OF A HOUSE AT 1232 LARRY DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 92-241 was approved upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-239 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JOSEPH J. RUSSELL AND HERTHA C. RUSSELL, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN AMBULANCE SERVICE FACILITY AND A 100 FOOT RADIO TOWER AT 1458 NORTH I�NGSHIGHWAY, IN TI� CITY AND COUNTY OF CAPE GIItARDEAU, MISSOURI The first reading of BILL NO. 92-239 was approved upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh (abstain), Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-242 was given first reading as follows: AN ORDINANCE ACCEPTING A STORM DRAINAGE EASIIVIENT FROM RANDOL FARMS DEVELOPMENT, INC. IN RANDOL FARMS FIFTH ADDITION The first reading of BILL NO. 92-242 was approved upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards (abstain), Spradling, Wulfers. Nays, none. Mr. Limbaugh abstained for fmancial reasons. BILL NO. 92-235 was given first reading as follows: 368 Proceedings of the City Council, City of Cape Girardeau, Mo. R�ul�r Session Ns�vPmber 2 , 19 �Z s .ss�s AN ORDINANCE APPROVING THE RECORD PLAT OF RANDOL FARMS FIFTH ADDITION The first reading of BILL NO. 92-235 was approved upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards (abstain), Spradling, Wulfers. Nays, none. Mr. Limbaugh abstained for fmancial reasons. BILL NO. 92-237 was given first reading as follows: AN ORDINANCE ACCF_PTING A PERMANENT EASIIVIENT AND A TEMPORARY CONSTRUCTION EASEMENT FROM ROBERT S. PRICE AND VELDA R. PRICE FOR THE LEXINGTON AVENUE EXTENSION PROJECT The first reading of BILL NO. 92-237 was approved upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-238 was given first reading as follows: AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM VERNON E. RHODFS AND CAROLE S. RHODES FOR TI� CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT, WALKER BRANCH, SECTION I The first reading of BILL NO. 92-238 was approved upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. i BILL NO. 92-234 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, ESTABLISHING A HANDICAPPED PARKING SPACE ON BROADWAY, IN THE CITY OF CAPE GIItARDEAU, MISSOURI The first reading of BII,L NO. 92-234 was approved upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-236 was given first reading as follows: � I � � � 369 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $es5iOr1 November 2 , �q g2 sL.L-ss�s AN ORDINANCE APPROVING THE RECORD PLAT OF A MINOR SUBDIVISION OF CAPE COMMERCIAL PARK The first reading of BILL NO. 92-236 was approved upon Ms. Wulfers' motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Wulfers. Nays, none. Mr. Spradling abstained for fmancial reasons. Mr. Michael Annis appeared before the Council and requested that BII,L NO. 92-236 be declared an emergency measure. BII.L NO. 92-236 was declared an emergency measure upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Wulfers. Nays, none. Mr. Spradling abstained for fmancial reasons. BILL NO. 92-236 was given second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF A MINOR SUBDIVISION OF CAPE COMMERCIAL PARK The second and third readings of BILL NO. 92-236 were approved and the ordinance adopted upon Ms. Wulfers' motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Wulfers. Nays, none. Mr. Spradling abstained for fmancial reasons. BILL NO. 92-236 is ORDINANCE NO. 1267. BILL NO. 92-243 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH S.H. SMITH AND COMPANY FOR ENGINEERING SERVICES FOR THE SOUTH SPRIGG STREET BRIDGE PROJECT The reading of BILL NO. 92-243 was approved and the resolution adopted upon Mr. Spradling's motion, Mr. Limbaugh's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92- 243 is RESOLUTION NO. 766. BII.L NO. 92-245 was presented as follows: A RESOLUTION CONCERNING THE ArmTEXATION TO THE CITY OF CAPE GIRARDEAU, MISSOURI OF CERTAIN LANDS KNOWN AS TWIN LAKES SUBDIVISION AND OTI�R LANDS OWNED BY MARK E. AND JO ELLEN OLIVER; JAMES W. AND LINDA S. KFSTER; THE NOLA M. 1VITSCH TRUST; JOHN AND MARY WALTHER; MICHAEI. C. EVANS; MICHAEL P. DRURY, ET AL. AND CAPE SPECIAL ROAD DISTRICT 370 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $essiOn November 2 , 19 92 Sr.t.ss�� The reading of BILL NO. 92-245 was approved and the resolution adopted upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92- 245 is RFSOLU'TION NO. 767. BILL NO. 92-246 was presented as follows: A RESOLUTION G THE DESIRE AND INTENT OF THE CITY OF CAPE GIItARDEAU TO ANNEX TO THE CITY OF CAPE GIRARDEAU, MISSOURI CERTAIN LANDS COMMONLY KNOWN AS TWIN LAKES SUBDIVISION AND CERTAIN OTI�R LANDS OWNED BY MARK E. AND JO ELLEN OLIVER; JAMES W. AND LINDA S. KFSTER; THE NOLA M. IVITSCH TRUST; JOHN AND MARY WALTHER; MICHAEL C. EVANS; MICHAEL P. DRURY, ET AL. AND CAPE SPECIAL ROAD DISTRICT AND DIRECTING THE CITY STAFF TO CONTINUE THE ANNEXATION PROCESS The reading of BILL NO. 92-246 was approved and the resolution adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-246 is RESOLUTION NO. 768. Streets and sanitary sewer impmvements and the storm sewers in the street rights-of-way for Sewer District No. 14-1-D-1, Randol Farms Fifth Addition, were accepted upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richazds (abstain), Spradling, Wulfers. Nays, none. Mr. Limbaugh abstained for fmancial reasons. Plans for extension of the water distribution system to serve the Cape Nutrition Center were approved upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. An out-of-district sewer permit was granted to the Cape Girardeau Nutrition Center for a sewer connection into Sewer District 12-P upon Dr. Kasten's motion, Mr. Spradling's + second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. I � � Condidonal approval was granted to Dwight Gates, d/b/a Dwight s Amoco, 2148 William, for an original package 5% beer license, upon Mr. Limbaugh's motion, Ms. � Wulfers' second, and the following vote: Ayes, Gateley, Kasten, L°unbaugh, Rhodes, �� Richards, Spradling (abstain), Wulfers. Nays, none. � � � 371 Proceedings of the City Council, City of Cape Girardeau, Mo. ReQular $ession November 2 , 19 92 sL[,s975 There being no further business, the meeting adjourned upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. Francis E. Rhodes, Mayor Julie A. e, Deputy City Clerk 372 Proceedings of the City Council, City of Cape Girardeau, Mo. Session 19 SLL-9975 I ( THIS PAGE INTENTIONALLY LEFT BLANK. ) I I � � � �. � � I �i (