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Home My WebLink AboutCouncil.Minutes.09-20-1993.Regular 234 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $QSSIOt1 September 20 19�.� SLL 13703 REGULAR SESSION - SEPTEMBER 20, 1993 Council convened in regular session on Monday, September 20, 1993, 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. The Invocation was presented by Fr. Chris Robinson of the Vincentian Vocation Ministry Team, and the Pledge of Allegiance was recited. The minutes from the September 8, 1993, Regular and Executive Sessions were approved upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, 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, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. This being the date set for a public hearing regarding the request of Steve Strom, Attorney at Law, on behalf of the Southeast Missouri Hospital Association, for the City to vacate its interest in a portion of Frank Avenue, the hearing was opened. There being no appearances, the hearing was closed. Mr. Charles E. "Chuck" Kupchella, 303 S. Spanish, appeared before the Council on behalf of a group of downtown residents in favor of a city-wide minimum property maintenance code. He urged the council to adopt the strongest possible minunum property maintenance code in order to protect residents from landlords who do not maintain their property. Mr. J. Ronald �scher, City Manager, explained that the City Council has submitted changes in the Code to the Board of Appeals, and they are to make comments and/or recommendations on the proposed changes. When those are received from the Board, The City Council will have a public meeting to discuss the Code. Ms. Wulfers suggested that Mr. Kupchella attend the Board of Appeals meeting and voice his support for the code. Mr. Bob Harrison appeared on behalf of Dennis Stockard and requested that Bill No. 93-226, an Ordinance approving the record plat of Court I Subdivision, be given all three readings. This is a two lot subdivision, and currently there is a contract on each lot. However, building permits cannot be issued until the plat is approved. BILL NO. 93-226 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF COURT I SUBDIVISION 235 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular S@SS1011 September 20 1 g 93 SLL.13703 The first reading of Bill No. 93-226 was approved upon Dr. Kasten's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh (abstain), Rhodes, Spradling, Wulfers. Nays, none. Dr. Kasten made a motion, seconded by Mayor Rhodes, that Bill No. 93-226 be declared an emergency measure. Mr. Warren Wells, City Attorney, read from the City Code of Ordinances the provisions that must be met before a bill may be declared an emergency measure. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh (abstain), Rhodes, Wulfers. Nays: Spradling. BILL NO. 93-226 was given second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF COURT I SUBDIVISION The second and third readings of BILL NO. 93-226 was approved and the Ordinance adopted upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh (abstain), Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 93-226 is ORDINANCE NO. 1413. This being the date set for a public hearing regarding the City's submission of an application to the State of Missouri through the Community Development Block Grant Program for funds in the amount of $200,000 for equipment and working capital to benefit a company being displaced by a State highway construction project, with new employment from the project benefiting 51 percent low and moderate income persons, the hearing was opened. Mr. Mitch Robinson of the Cape Girardeau Area Industrial Recruitment Association appeared before the Council. He stated that the company being displaced will use these funds to help offset the costs to relocate and will help to maintain the present 18 employees and add another five employees. There being no further appearances, the hearing was closed. BILL NO. 93-227 was presented as follows: A RESOLUTION STATING INTENT TO SEEK FUNDING THROUGH THE "COMMUNITY DEVELOPMENT BLOCK GRANT" PROGRAM AND AUTHORIZING THE CITY MANAGER TO PURSUE ACTIVITIES IN AN ATTEMPT TO SECURE FUNDING The reading of BILL NO. 93-227 was approved and the resolution 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. 93-227 is RFSOLU'TION NO. 864. Mr. Felu�Kinsley appeared before the City Council and thanked them for approving the application for grant funding under the Historic Preservation Program of the Missouri Department of Natural Resources. 236 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S2SSI011 September 20 19 23— SLL.13703 n'li'. John Wyman, 235 Merriwether, appeared before the City Council on behalf of the Haarig Area Development Association. He announced that on Thursday, September 23, at 5:00 p.m., there will be a "walk thru" of the Haarig area to see what problems they face and to seek solutions to the problems. All interested persons are to meet at Hobo's Restaurant at 627 Good Hope. Mr. Greg Deimund, appeared on behalf of Richard Deimund, and requested that the City Council place on their agenda approval of the preliminary plat of Mt. Auburn Sixth Subdivision. After discussion, it was the consensus of the City Council not to place the item on the agenda. Mr. Gateley made a motion, seconded by Dr. Kasten, that in relation to the Sister City Program with Shao�cing, China, that City Staff contact SEMO University, the State of Missouri, the Area Industrial Recruitment Association and the Chamber of Commerce to submit a name for a delegate to participate in a trip to Shao�ng, China, in the Spring of 1994. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. Mayor Rhodes announced that this was the last City Council meeting for A1 Stoverink, Assistant City Manager. He congratulated Mr. Stoverink on his new position with SEMO University and wished him the best of luck. Mr. Fischer announced that the next Board of Appeals meeting is scheduled for October , 14 at 7:00 p.m. in the City Council chambers. Regarding the police officers that appeared at the September 8 City Council meeting from the Fraternal Order of Police, Mr. Fischer met with them and Police Chief Butch Boyd. They will be preparing a report on their priorities and goals over a period of time and will submit them for review. The following bills were given second and third readings: BILL NO. 93-195 AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF THE CITY CODE, FSTABLISHING LIlVIITED PARKING ON LOUISIANA AVENUE AND FRANKLIN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 93-191 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZOIVING OF ALL OF OUTLOTS 49 AND 50, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM M-1 TO M-2 237 Proceedings of the City Councii, City of Cape Girardeau, Mo. Regular SgSSIOtI September 20 19 93 SLL.13703 BILL NO. 93-192 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO HOWARD C. TOOKE, FRANCES H. TOOKE, WILLIAM J. SIDES AND KAREN A. SIDES, FOR PURPOSES OF MAINTAINING AND OPERATING A METAL RECYCLING/SALVAGE CENTER ON THE EAST SIDE OF GIBONEY AVENUE BETWEEN ELM STREET AND HACKBERRY STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 93-193 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZOTTING OF 133 SOUTH ELLIS STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 TO C-2 BILL NO. 93-200 AN ORDINANCE ACCEPTING A SPOIL DISPOSAL EASEMENT FROM ITAPCO-MISSOURI TERMINAL, INC. BILL NO. 93-203 AN ORDINANCE ACCEPTTNG GENERAL WARRANTY DEEDS FROM CLIFFORD L. BOLLINGER AND SHIRLEY J. BOLLINGER; AND RICHARD E. OWENS AND MARSHA K. OWENS FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT BILL NO. 93-204 AN ORDINANCE ACCEPTING QUIT CLAIM DEEDS FROM GEORGE R. WEEKS AND JOAN M. WEEKS; W. TOM TTPTON AND JULIA ANN TIPTON; LINDELL C. LEWIS, TRUSTEE; NEW LIFE WORLD OUTREACH CENTER, INC., AND BON DOZA FOR STREET IMPROVEMENTS ON BRENDA LANE AND SCOTTS LANE BILL NO. 93-201 AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM JAMES EAKER, TRUSTEE, AND MARY ALICE EAKER, TRUSTEE, FOR THE DETENTION RESERVOIR ACCESS ROAD PROJECT BILL NO. 93-202 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM C. DONALD PRIEST AND LAVONNA SUE PRIEST FOR THE NORTH SPRIGG STREET EXTENSION PROJECT BILL NO. 93-207 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-B-1, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1-B, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 238 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOtI September 20 1 g 93 SLL.13703 BILL NO. 93-212 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON EMERALD STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOS. 93-195, 93-191, 93-192, 93-193, 93-200, 93-203, 93-204, 93-201, 93-202, 93-207, and 93-212 were approved and the ordinances adopted upon Mr. Limbaugh's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 93-195 is ORDINANCE NO. 1414, BILL NO. 93-191 is ORDINANCE NO. 1415, BILL NO. 93-192 is ORDINANCE NO. 1416, BILL NO. 93-193 is ORDINANCE NO. 1417, BILL NO. 93-200 is ORDINANCE NO. 1418, BILL NO. 93-203 is ORDINANCE NO. 1419, BILL NO. 93-204 is ORDINANCE NO. 1420, BILL NO. 93- 201 is ORDINANCE NO. 1421, BILL NO. 93-202 is ORDINANCE NO. 1422, BILL NO. 93-207 is ORDINANCE NO. 1423, BILL NO. 93-212 is ORDINANCE NO. 1424. BILL NO. 93-220 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULED A OF SECTION 26-228 OF THE CITY CODE, ESTABLISHING A 25 MILE PER HOUR SPEED LIlVIIT IN TWIN LAKES SUBDIVISION ON NORTH LAKE DRIVE, SOUTH LAKE DRIVE, EAST LAKE DRIVE, RED BUD DRIVE, LEWIS DRIVE, DOGWOOD DRIVE AND TWIN LAKE COURT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 93-220 was approved upon Mr. Spradling's motion, Kasten's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 93-221 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTTON 26-121 OF THE CITY CODE, BY PLACING STOP SIGNS IN TWIN LAKES SUBDIVISION ON TWIN LAKES COURT, HOPPER ROAD, NORTH LAKE DRIVE, RED BUD DRIVE, DOGWOOD DRIVE, LEWIS DRIVE AND EAST LAKE DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 93-221 was approved upon Mr. Gateley's motion, Mr. Spradling's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 93-215 was given first, second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF NORTHFIELD 13TH SUBDIVISION 239 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $G'SSIOf1 September 20 19 93 SLL.13703 The first, second and third readings of BILL NO. 93-215 were approved and the ordinance adopted upon Mr. Spradling's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 93-215 is ORDINANCE NO. 1425. BILL NO. 93-216 was given first, second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF NORTHFIELD 14TH SUBDIVISION The reading of BILL NO. 93-216 was approved and the ordinance adopted upon Mr. Gateley's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 93-216 is ORDINANCE NO. 1426. BILL NO. 93-218 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF FRANK AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL 93-218 was approved upon Mr. Spradling's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten (abstain), Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 93-223 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES RELATING TO TAMPERING WITH EQUIPMENT OR APPURTENANCES OF THE SEWAGE WORKS The reading of BILL 93-223 was approved upon Mr. Gateley's motion, Mr. Spradling's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 93-225 was given first reading as follows: AN ORDINANCE ACCEPTING THREE EASEMENTS FROM CAPE RETIREMENT COMMi.TNITY, INC. FOR EXTENSION OF A WATER DISTRIBUTION SYSTEM TO SERVE THE CHATEAU GIRARDEAU COTTAGE COMPLEX The reading of BILL 93-225 was approved and the sanitary sewer improvements and extension of the water distribution system to serve the Chateau Girardeau Cottage Complex were accepted into the city's system upon Mr. Spradling's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. 240 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSI0f1 September 20 1 g 9� SLL.13703 BILL NO. 93-219 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH NORTHFIELD PROPERTIES, INC. AND AMERIFIRST BANK OF CAPE GIRARDEAU FOR NORTHFIELD THIRTEENTH AND FOURTEENTH SUBDIVISIONS The reading of BILL NO. 93-219 was approved and resolution adopted upon Dr. Kasten's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 93-219 is RESOLUTION NO. 865. BILL NO. 93-217 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A � CONTRACT MODIFICATION WITH THE FEDERAL AVIATION ADMIIVISTRATION FOR AIR TRAFFIC CONTROL SERVICES AT THE CAPE GIRARDEAU MUI�TICIPAL AIRPORT The reading of BILL NO. 93-217 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, none. BILL NO. 93-217 is RFSOLUTION NO. 866. Mr. Everett Hey and Ms. Dorothy Holland were appointed to the Golf Course Advisory Board for terms expiring September 4, 1996, upon Mr. Gateley's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. A temporary retail liquor by the drink license for the Rotary Club of Cape Girardeau, John T. Seesing, Managing Officer, for an event to be held at the A. C. Brase Arena Building on October 22, 1993, was approved upon Dr. Kasten's motion, Mr. Spradling's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. The sanitary trunk sewer improvements, Upper Cape La Croix Trunk Sewer, Phase IV, Section II, were approved and final payment to Monroe Plumbing and Heating Co.,Inc., was authorized upon Mr. Gateley's motion, Mr. Spradling's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. The improvements to the ceiling in the A. C. Brase Arena Building were approved and fmal payment to Sides Construction was authorized upon Dr. Kasten's motion, Mr. Gateley's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling (abstain), Wulfers. Nays, none. 241 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOn September 20 19 93 SLL.13703 The sanitary sewer improvements in Carolewood III Subdivision were approved upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 93-224 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CAPE GIRARDEAU REDEVELOPMENT CORPORATTON The reading of BILL NO. 93-224 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Gateley's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 93-224 is RESOLLTTION NO. 867. The Modified Closure and Post Closure Plan for the City of Cape Girardeau Sanitary Landfill, prepared by Burns and McDonnell Waste Consultants, Inc., was authorized to be submitted to the Missouri Department of Natural Resources upon Dr. Kasten's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. There being no further business before the Council, the meeting was adjourned upon Mr. Gateley's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. ��<<� �� Francis E. Rhodes, Mayor Gayle L. Conrad, Deputy ity Clerk