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HomeMy WebLinkAboutCouncil.Minutes.02-17-1993.Regular 37 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular SeSSIOtI February 17 i 9 9 3 SLL.13703 REGULAR SFSSION - FEBRUARY 17, 1993 Council convened in regular session on Wednesday, February 17, 1993, 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 acquisition of real estate upon Mr. Spradling's motion, Ms. Wulfers' 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 February 1, 1993, Regular and Executive Sessions were approved upon Mr. Spradling's motion, Dr. Kasten's 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 necessity to improve that part of Vista Lane from West Rodney Drive to Hawthorne Road, in the City of Cape Girardeau, Missouri, 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 Ferguson Drive from its intersection with Big Bend Road, 428 feet West to its terminus, in the City of Cape Girardeau, Missouri, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the City of Cape Girardeau's submission of an application for the Fiscal Year 1993 Community Development Block Grant (CDBG) program, the hearing was opened. Mr. Steve Williams, Housing Assistance Coordinator, stated that the City is applying for a program in the south central part of Cape Girardeau. This program will benefit low to moderate income families. The information presented by Mr. Williams is attached hereto and made a part of these minutes (Fxhibit A). Mr. Michael5terling questioned to what standards the houses in the area will be brought up to. Mr. Ronald Poston, who owns rental property in the 800 block of Elm, questioned where his property was located within this block grant area. There being no other appearances, the hearing was closed. , Mr. E.R. "Buz" 5utherland, Director of the Small Business Development Center at � Southeast Missouri State University, made a presentation to the City Council. He � requested that the City Council continue its fmancial support of the SBDC at the funding ! level of$6,000. Mr. Gateley made a motion, seconded by Mr. Spradling, that the City Council approve the request for support to the Small Business Development Center in the � � f 38 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI Februarv 17 1 g 93 SLL.13703 amount of$6,000. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Mr. Ted Yates appeared on behalf of Continental Waste Industries regarding Bill No. 93-42, a Resolution authorizing the City Manager to execute a contract for disposal of solid waste with Benny F. Lemons, d/b/a Lemons Gravel Company. He requested that this bill be pulled from the agenda, and that Continental Waste Industries be given the opportunity to talk with City staff regarding disposal of solid waste and bid on the solid waste disposal service. His client's landfill is located in Jackson County, Illinois. Mr. David Henson, also representing the company, stated that in Illinois landfills are licensed section by section. After discussion, the Mayor called for a motion regarding the request. Due to lack of a motion, the issue was declared dead. Mr. Larry Dowdy appeared before the council and indicated he would answer any questions regarding Bill No. 93-40 relating to approving the record plat of a Resubdivision of Lot 10 of Hanover Estates and Bill No. 93-41 relating to appmval of the record plat of a Resubdivision of Chalet Trace. Ms. Helen Sterling appeared before the council expressing her concerns that the black citizens in the 400 block of Good Hope Street in Cape Girardeau are being harassed by the Cape Girardeau Police Department. She stated that the community and city has an obligation to improve the standard of living for all citizens and requested that the City Council take it under advisement. The following bill was given second and third readings: BILL NO. 93-34 AN ORDINANCE APPROVING THE RECORD PLAT OF WOODLAND PLACE 1VINTH SUBDIVISION Mr. Spradling made a motion, seconded by Ms. Wulfers, that Bill No. 93-34 be amended so that the record plat will reflect the new certification date of 7anuary 18, 1993. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Mr. Limbaugh abstained for fmancial reasons. The second and third readings of BILL, NO. 93-34 wers approved and the ordinance adopted upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. Mr. Limbaugh abstained for fmancial reasons. BILL NO. 93-34 is ORDINANCE NO. 1313. The following bill was given second and third readings: BILL NO. 93-31 AN ORDINANCE ACCFP I ING A WARRANTY DEED FROM HIISLER DEVELOPMENT CORPORATION FOR PARK PROPERTY 39 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S2SSIOt1 February 17 19 93 SL�.13703 The second and third readings of BILL NO. 93-31 was approved and the ordinance adopted upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-31 is ORDINANCE NO. 1314. BILL NO. 93-38 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY OF CAPE GIRARDEAU, MISSOURI TO LEASE TO THE CAPE GIRARDEAU, MISSOURI PARKS DEVELOPMENT FOUNDATION CERTAIN REAL ESTATE OF TI� CITY; APPROVING THE ISSUANCE OF $3,730,000 PRINCIPAL AMOUNT OF CITY OF CAPE GIRARDEAU, MISSOURI CERTIFICATES OF PARTICIPATION (CONVENTTON AND VISITORS RECREATION FACILITIFS PROJEC'1�, SERIES 1993, FOR THE PURPO5E OF PROVIDING FUNDS TO PAY THE COSTS OF A PROJECT FOR THE CITY; AND AUTHORIZING AND APPROVING CERTAIN DOCUMENTS AND OTHER ACTIONS IN CONNECTION WITH TI� ISSUANCE OF SAID CERTIFTCATES. The first reading of BILL NO. 93-38 was 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, Richards. BILL NO. 93-36 was given first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FROM ANNE DAVIS MFF.K�ER, FRANCIS ANTfIONY MERKLER, AND CHERYL JOAN MERKLER; AND ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM JAMES T. BRUF.NING AND FAYLEEN M. BRUENING; DAVID P. HERZOG AND GINA M. HERZOG; THOMAS G. HINKEBEIN AND LAURA L. HINKEBEIN; AND MICHAEL E. RENAUD AND JOYCE R. RENAUD FOR THE BELLERIDGE SUBDIVISION 5A1vITARY SEWER PROJECT The first reading of BILL NO. 93-36 was approved and the ordinance adopted upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-35 was given first reading as follows: ; AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND A TEMPORARY � CONSTRUCTION EASEMENT FROM ROBERT L. FORD FOR THE NORTH � KINGSHIGHWAY SAIVITARY SEWER PROJECT. � i � i � 40 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $eSS1011 Februarv 17 1 g 93 SLL.13703 The first reading of BII.L NO. 93-35 was approved and the ordinance adopted upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-40 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF A RE-SUBDIVISION OF LOT 10 OF HANOVER ESTATES SUBDIVISION The first reading of BILL NO. 93-40 was approved and the ordinance adopted upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BII.L NO. 93-41 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF A RE-SUBDIVISION OF CHALET TRACE SUBDIVISION The first reading of BILL NO. 93-41 was approved and the ordinance adopted upon Mr. Gateley's motion, Mr. 5pradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-37 was presented as follows: A RESOLUTION AUTHORIZING THE ACCEPTANCE OF COMIVIITMENT LETTERS IN CONNECTION WITH THE ISSUANCE OF $3,730,000 PRINCIPAL AMOUNT OF CERTIFICATE OF PARTICIPATION(CONVENTION AND VISITORS RECREATION FACILITIE.S PROJECT�, SERIES 1993, OF THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 93-37 was approved and the resolution adopted upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, Richards. BILL NO. 93-37 is RESOLUTION NO. 799. BILL NO. 93-32 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH TI� U.S. DEPARTMENT OF TI� ARMY FOR BRIDGE CONSTRUCTION ON WALKER BRANCH I The reading of BILL NO. 93-32 was approved and the resolution adopted upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-32 is RESOLUTTON NO. 800. 41 Proceedings of the City Council, City of Cape Girardeau, Mo. RPgt�lar S@SSIOfI Februar� 17 19 2� SLL 13703 BILL NO. 93-42 was presented as follows: A RESOLUTTON AUTHORIZING TI� CITY MANAGER TO EXECUTE A CONTRACT FOR DISPOSAL OF SOLID WASTE WITH BENNY B. LEMONS D/B/A LEMONS GRAVEL COMPANY No action was taken on the reading of BII.L NO. 93-42. BILL NO. 93-39 was presented as follows: A RESOLUTION AUTHORIZING TI� CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH BURNS & MCDONNELL FOR CLOSING TI� CITY LANDFILL The reading of BILL NO. 93-39 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. 93- 25 is RFSOLUTION NO. 801. The Mayor recommended that Mr. Daniel Little be appointed to the Board of Adjustments. Mr. Gateley made a motion, seconded by Mr. Spradling that Mr. Little be appointed to serve on the Board of Adjustments for a term expiring March 6, 1998. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richazds, Spradling, Wulfers. Nays, none. Mr. Spradling made a motion, seconded by Dr. Kasten, that the request of the Colonial Cape Girardeau Foundation Task Force be tabled to the March 1, 1993, City Council meeting for discussion. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh Rhodes, Richards, Spradling, Wulfers. Nays, none. The Mayor announced that the request of the American Red Cross had been withdrawn and no action was necessary. Regarding changing City Council meetings from the first and third Mondays of each month to the second and fourth Monday of each month, Ms. Wulfers suggested that the Mayor and Dr. Kasten discuss the issue and respond to the Council at a future meeting. They agreed. The preliminary plat of Foundation Park in the City of Cape Girardeau, Missouri, was approved upon Mr. Spradling's motion, Ms. Wulfers' second, and the following votee Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. Mr. Gateley made a motion, seconded by Mr. Spradling, to direct the City staff to pmceed with the preparation of plans and specifications for the paving of Margaret Street from the corner of Marvin to the corner of Leroy. The motion was appmved upon the 42 Proceedings of the City Council, City of Cape Girardeau, Mo. Re��lar S@SSIOn Februarv 17 19 �_ lL.13703 following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. Conditional approval of an original package liquor license to Westlegg Corporation, d/b/a I.emmon Oil Company, 103 N. Kingshighway, Cape Girardeau, Missouri, Thomas W. Leggett, Managing Officer was approved upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. Installation of an exterior canopy on a structure at Plaza Tire Service, 1 South Main Street, Cape Girardeau, Missouri, was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-43 was given first reading as follows: AN ORDINANCE AUTHORIZING Tf� CITY MANAGER TO EXECUTE A SETTI,EMENT AGR�:EMENT WITH JAMES L. DRURY; ROBERT DRURY; 1V�- AMERICA HOTELS CORPORATION, RIC, INC.; WEST PARK BOWLING LANES, INC.; DWS RESTAURANTS, INC.; AND BURGER LANE RESTAURANT FOR PAYMENT OF RESTAURANT TAX UNDER PROTEST The first reading of BILL NO. 93-43 was approved and the ordinance adopted upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. Mr. Richards requested a clarification on the action to be taken regarding Bill No. 93-43 relating to the contract for disposal and hauling of solid waste. Mr. Fischer recommended that if the Council does not approve the contract that it direct the staff to prepare bid specifications for disposal and hauling and open it up for public bid. Mayor Rhodes made a motion that City staff prepare bid specifications along the line of the e�cisting contract with Lemons Gravel Company and open it up for public bidding. The motion died due to a lack of a second. There being no further business, the City Council 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 Gayle . Conrad, Deputy City Clerk 43 � Exh�_bit A CDBG PROGRAM HOUSING SURVEY TOTAL HOUSING UNITS 140 TOTAL STANDARD 31 TOTAL MODERATELY DETERIORATED 79 TOTAL SEVERELY DETERIORATED 28 TOTAL DILAPIDATED 2 TOTALVACANT � TOTAL UNITS DETERIORATED AND DILAPIDATED 109 (77%) TOTAL UNITS TO BE REHABBED 70 (65%) AVAILABLE FOR REPAIR 70 UNITS TO BE REHABBED: OWNER OCCUPIED RENTAL UNITS PRIORITY GIVEN TO OWNER OCCUPIED UNITS 4 YEAR GRANT AGREEMENT FOR OWNER OCCUPIED 4 YEAR GRANT AGREEMENT FOR RENTAL UNITS INCENTIVE - 4 YEAR RENT FREEZE AGREEMENT - SECTION 8 EXISTING PROGRAM 4� F;xhik�it A CDBG PROGRAM 1993-94 HOUSING REHAB (APPROX. 70 UNITS) $ 700,000 � WATER LINE IMPROVEMENTS $ 34,500 TOTAL GRANT (DED) $ 734,500 CITY - IN-KIND MATCH (CASH, LABOR AND MATERIALS) WATER LINE IMPROVEMENTS S 5,400 STREET IMPROVEMENTS $ 155,700 TOTAL CITY IN-KIND $ 161 ,100 TOTAL PROJECT COST $ 895,500 � 45 Exhibit A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 1993 - 1994 INCOME SURVEY RESPONSE 75��0 � LMI FAMILIES 89% LMI PERSONS 88.8% OWNERS 60% RENTERS 40% HANDICAPPED PERSONS 10% PERSONS AGED 65 AND OVER 16.5% FEMALE HEAD OF HOUSEHOLD 17.9% WHITE 52.6% BLACK 46.9% ASIAN OR PACIFIC ISLANDER .3%