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HomeMy WebLinkAboutCouncil.Minutes.10-04-1993.Regular 242 Proceedings of the City Council, City of Cape Girardeau, Mo. REGULAR S2SSIOt1 October 4 19 �_ SI.L.13703 REGULAR SESSION - OCTOBER 4, 1993 Council convened in regular session on Monday, October 4, 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 personnel and real estate acquisition upon Mr. Richards' motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. The Invocation was presented by James Caughlan, Pastor, Evangelical United Church of Christ, and the Pledge of Allegiance was recited. The minutes from the September 20, 1993, Regular Session were approved as amended, and the September 16, 1993, Special Session were approved upon Ms. Wulfers' motion, Mr. Limbaugh's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. The agenda was adopted as distributed to the Council upon Mr. Gateley's motion, Mr. 5pradling'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 request of Clyde A. and Dorothy M. McDonald for a special use permit for a recycling center at 80 North Broadview Street, the hearing was opened. Mr. Bill Sides of Sides Steel Supply appeared before the City Council and stated he will be leasing the building at this location from Mr. and Mrs. McDonald. There being no further appearances, the hearing was closed. This being the date set for a public hearing regarding the request of First Assembly of God Church for a special use permit for a church sign at 750 Mount Auburn Road, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the request of William �-I. and Betty J. Kuss, 7ames H. and Rita V. Kuss, Joseph R. and 7oNea1 G. Kuss, and Chazles P. and Laura A. McGinty to rezone property in the 2800 block of William Street (Route K) from R-1 to R-4 and C-2, the hearing was opened. Mr. Thomas L. Meyer appeared before the Council in support of the rezoning request. The McGinty and Kuss families have reached an agreement restricting the placement of a funeral home at this site and i have agreed to a 2500' green belt running north and south on the east line of the tract � of land. Mr. C.R. Talbert appeared before the Council in opposition to the zoning � request. Mr. Talbert objected to placing this commercial area in a residential district and to the types of projects that could be put in this area under a C-2 zoning classification. In addition, he was concerned with putting another exit onto Route K due to the heavy i � 243 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular $QSSIOII October 4 19 93 SLL.I3703 traffic. Mr. John Sander appeared before the Council on behalf of his mother in opposition to the zoning request. This being the date set for a public hearing regarding the request of Finley Burke for a special use permit for a mobile home at 2822 Big Bend Road, the hearing was opened. Mr. Finley Burke appeared before the Council and stated that his house at this address had sustained 90 percent damage from the flood and was torn down; therefore, he is requesting a mobile home for this site. There being no further appearances, the hearing was closed. Mr. Keith Deimund appeared before the Council in favor of approval of the preliminary plat of Mt. Auburn Subdivision No. 6. The preliminary plat of Mt. Auburn Subdivision No. 6 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. Ms. Debra Willis, 418 Themis, Apt. 6, appeared before the Council to bring to their attention unwritten policies of the City regarding the payment of water bills for rental units. If the owner of a rental unit does not pay the water/sewer/trash bill, the water can be disconnected for all tenants in the unit. If this is the policy of the city, then she felt that all tenants should be notified before the water is shut off instead of just the landlord being notified. After discussion, Mr. Limbaugh made a motion, seconded by Dr. Kasten, that a policy be implemented whereby each tenant in a rental unit be given a five day notice before the water is disconnected for the unit. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. Mr. Doug Richards requested that discussion and/or approval of Police Chief Butch Boyd's recommendation that was presented in the study session be placed on the November 18 City Council agenda. In addition, he requested that city staff prepare for that meeting a report indicating the financial impact to the city of hiring two additional police officers on April 1, 1994, and the financial impact if they were hired on January l, 1994. Mayor Gene Rhodes announced that the Delta Queen will be docking in Cape Girardeau on October 11 from 9:00 a.m. to 12:00 noon. Representatives of the TNN television station will be on the boat and will tour the historical sites in Cape Girardeau. Mr. David Limbaugh stated he and other City Council members had received correspondence that Mr. Roger Harms of TCI Cablevision had sent to City Attorney Warren Wells in response to Mr. Robert Penrod's request for cable service in Stonebridge Subdivision. Mr. Limbaugh made a motion, seconded by Mr. Gateley, that City staff prepare a letter to Roger Harms requesting that TCI Cablevision comply with the cable franchise agreement and provide cable service in a tunely manner to Stonebridge Subdivision. The motion was approved upon the following vote: Ayes, 244 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSiOn October 4 19 �_ 1 703 Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Rhodes abstained for financial reasons. BILL NO. 93-220 was given second and third readings as follows: AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, FSTABLISHING 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 Ms. Wulfers made a motion, seconded by Mr. Gateley, to amend BILL NO. 93-220 by changing Red Bud Drive to Garnet Lane, and changing Dog Wood Drive to Rockport Drive. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-220 was approved as amended and the Ordinance adopted upon Ms. Wulfers' motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-220 is ORDINANCE NO. 1427. BILL NO. 93-221 was given second and third readings as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 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 Ms. Wulfers made a motion, seconded by Mr. Gateley, to amend BILL NO. 93-221 by changing Red Bud Drive to Garnet Lane, and changing Dog Wood Drive to Rockport Drive. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-221 was approved as amended and the Ordinance adopted upon Ms. Wulfers' motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-221 is ORDINANCE NO. 1428. The following bills were given second and third readings: BILL NO. 93-218 AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF FRANK AVENUE, IN THE CITY OF CAPE � GIRARDEAU, MISSOURI 245 Proceedings of the City Council, City of Cape Girardeau, Mo. RPa»lar SeSS10C1 October 4 19 93 SLL.13703 BILL NO. 93-223 AN ORDINANCE AMENDING CHAPT'ER 29 OF THE CODE OF ORDINANCES RELATTNG TO TAMPERING WITH EQUIPMENT OR APPURTENANCES OF THE SEWAGE WORKS BILL NO. 93-225 AN ORDINANCE ACCEPTING THREE EASEMENTS FROM CAPE RETIItEMENT COMMUIVITY, INC. FOR EXTENSION OF A WATER DISTRIBUTION SYSTEM TO SERVE THE CHATEAU GIRARDEAU COTTAGE COMPLEX The second and third readings of BILL NOS. 93-218, 93-223, and 93-225, were approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. Kasten abstained on Bill No. 93-218. BILL NO. 93- 218 is ORDINANCE NO. 1429. BILL NO. 93-223 is ORDINANCE NO. 1430. BILL NO. 93-225 is ORDINANCE NO. 1431. BILL NO. 93-231 was declared an emergency measure 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. 93-231 was given first, second and third readings as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CLYDE A. MCDONALD AND DOROTHY M. MCDONALD FOR PURPOSES OF CONSTRUCTING,MAINTAINING AND OPERATING A RECYCLING CENTER AT 80 NORTH BROADVIEW STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first, second and third readings of BILL NO. 93-231 were 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- 231 is ORDINANCE NO. 1432. BILL NO. 93-230 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO FIRST ASSEMBLY OF GOD OF CAPE GIRARDEAU, INC., FOR PURPOSES OF CONSTRUCTTNG, MAINTAIIVING AND OPERATING A SIGN AT 750 MOUNT AUBURN ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 93-230 was approved upon Mr. Gateley's motion, Mr. Spradling's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richazds, Spradling, Wulfers. Nays, none. 246 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $eSS1011 October 4 19 93 L.13�03 ---------� --- BILL NO. 93-228 was given first reading as follows: AN ORDINANCE AMENDING CHAP'TER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PART OF THE 2800 BLOCK OF ROUTE K, CITY AND COLTNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-1 TO R-4 AND C-2 Mr. Spradling expressed his concerns that adding commercial development to this area will increase the traffic hazards along Route K. Upon questioning by Ms. Wulfers, City Planner Kent Bratton read from the City Code what types of structures can be placed on this property if it was zoned commercial. After further discussion, the first reading of BILL NO. 93-228 was approved upon the following roll call vote: Gateley, aye; Kasten, nay; Limbaugh, nay; Rhodes, aye; Richards, aye; Spradling, nay; Wulfers, aye. BILL NO. 93-229 was declared an emergency measure upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-229 was given first, second and third readings as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FINLEY BURKE AND HILDEGARDE YOUNG FOR PURPOSES OF MAINTAINING AND OPERATING A MOBILE HOME A5 A RESIDENCE AT 2822 BIG BEND ROAD, IN THE CITY AND COLTNTY OF CAPE GIRARDEAU, MISSOURI The first, second and third readings of BILL NO. 93-229 were approved upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-. 229 is ORDINANCE NO. 1433. BILL NO. 93-222 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE ESTABLISHING NO PARKING ON GOOD HOPE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL 93-222 was approved upon Mr. Spradling's motion, Ms. , Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-235 was given first reading as follows: � AN ORDINANCE AMENDING THE CITY CODE RELATING TO PEACE DISTURBANCE � 247 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SQSSIOn October 4 19 93 SLL.13703 The first reading of BILL 93-235 was approved upon Mr. Spradling's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-233 was given first, second and third readings as follows: AN ORDINANCE RENAMING RED BUD DRIVE AND DOG WOOD DRIVE IN TWIN LAKFS SUBDIVISION, CITY OF CAPE GIRARDEAU, MISSOURI The first, second and third readings of BILL 93-233 were approved upon Mr. Gateley's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-232 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASA ASPHALT, INC. FOR THE IMPROVEMENT OF SCOTTS LANE, BRENDA LANE AND A PARKING LOT IN CAPAHA PARK The reading of BILL NO. 93-232 was approved and resolution adopted upon Mr. Spradling's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Mayor Rhodes abstained for financial reasons. BILL NO. 93-232 is RFSOLUTION NO. 868. BILL NO. 93-234 was presented as follows: A RESOLUTTON DETERNII1vING THE INTENT OF THE CITY OF CAPE GIRARDEAU, MISSOURI TO REIlVIBURSE ITSELF FROM THE PROCEEDS OF A BORROWING FOR CERTAIN EXPENDITURES TO BE MADE IN CONNECTION WITH A CAPITAL IMPROVEMENT PROJECT The reading of BILL NO. 93-234 was approved and the resolution adopted upon Dr. Kasten's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-234 is RFSOLUTION NO. 869. BILL NO. 93-236 was presented as follows: A RESOLUTTON REGARDING STATE AND FEDERALLY MANDATED GOVERNMENTAL ACTIVITIES The reading of BILL NO. 93-236 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-236 is RFSOLUTION NO. 8'70. 248 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOt1 October 4 19 93 L.L.13703 - ---- - --- Dr. Kasten was appointed to represent the City of Cape Girardeau, Missouri, in the delegation to Shaoxing, China, upon Mayor Rhodes motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. A temporary 5 percent beer by the drink license for Jim Maurer, d/b/a St. Vincent's Home and School Association, for an event to be held on November 12, 1993, at the A. C. Brase Arena Building, James D. Maurer, Managing Officer, was approved upon Mr. Spradling's motion, Mr. Richards' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes (abstain), Richards, Spradling, Wulfers. Nays, none. A temporary 5 percent beer by the drink license for Southeast Missouri Hospital Foundation for an event to be held on November 11, 1993, at the Show Me Center, John C. Stotz, Managing Officer, was approved upon Mr. Limbaugh's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten (abstain), Limbaugh, Rhodes, Richards, 5pradling, Wulfers. Nays, none. A retail liquor by the drink, Sunday sales license for Eateries, Inc., d/b/a Garf'ield's Restaurant & Pub, 211 West Park Mall, Shannon Michelle Scoper, Managing Officer, was conditionally approved upon Dr. Kasten's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, 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, Richards, Spradling, Wulfers. Nays, none. . es, May r �„%� l.�w,�� S'. ���.,,�txugh Gayl L. Conrad, Deputy City Clerk ! I I I' 249 Proceedings of the City Council, City of Cape Girardeau, Mo. Session 19 SLL.13703 THIS PAGE INTENTIONALLY LEFT BLANK