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HomeMy WebLinkAboutCouncil.Minutes.12-06-1993.Regular 297 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SQSSIOII December 6 19 93 SLL.13703 REGULAR SESSION - DECF.MBER 6, 1993 Council convened in regular session on Monday, December 6, 1993, at 7:30 p.m. with Mayor Pro Tem David Limbaugh presiding and Council Members Melvin Gateley, Doug Richards, A1 Spradling III, and Mary Wulfers present. Mayor Gene Rhodes and Melvin Kasten were absent. Prior to the regular session, council convened in Executive Session for purposes of discussing real estate issues upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The invocation was presented by Rev. Scott Moon of the Wesley House, and the Pledge of Allegiance was recited. The minutes from the November 15, 1993, Regular and Executive Sessions were approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, L'unbaugh, Richards, Spradling, Wulfers. Nays, none. The agenda was adopted as distributed to the Council upon Mr. Gateley's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. This being the date set for a public hearing on pmposed amendments to the Zoning Ordinance to allow residential uses in M-1, Light Industrial Districts, with special use permits, the hearing was opened. Ms. 5elma Crisler appeared in favor of Bill No. 93- 270, an Ordinance amending Chapter 30 of the City Code relating to zoning, and Bill No. 93-272, an Ordinance granting a special use permit to Selma M. Crisler for purposes of maintaining and operating an existing building for a residential use at 624 Commercial Street. There being no further appearances, the hearing was closed. This being the date set for a public hearing regarding the request of Selma M. Crisler for a special use permit for a residential use at 624 Commercial Street in an M-1, Light Industrial District, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 93-270 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO ZO1vING The first reading of BILL NO. 93-270 was approved upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-272 was given first reading as follows: 298 Proceedings of the City Council, City of Cape Girardeau, Mo. ReQular SBSSIOt1 December 6 19 95 lL.13703 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SELMA M. CRISLER FOR PURPOSES OF MAINTAINING AND OPERATING AN EXISTTNG BUILDING FOR A RFSIDENTIAL USE AT 624 COMMERCIAL STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 93-272 was approved upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. This being the date set for a public hearing regarding the request of Bible Missionary Church for a special use permit to construct a new residence on the same property where the church and parsonage are currently located at 2885 Hopper Road in an R-1, Single Family Residential District, the hearing was opened. Rev. Robert Owens, Pastor of Bible Missionary Church, appeared in favor of Bill No. 93-271, an ordinance granting a special use permit to Bible Missionary Church for purposes of constructing, maintaining and operating a new parsonage residence at 2885 Hopper Road. There being no further appearances, the hearing was closed. BILL NO. 93-271 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO BIBLE MISSIONARY BAPTTST CHURCH FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING A NEW PARSONAGE RESIDENCE AT 2885 HOPPER ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 93-271 was approved upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. This being the date set for a public hearing regarding the request of TCI Cablevision of Missouri, Inc. for a six month extension of its franchise for operation of a cable television system in the City of Cape Girardeau, the hearing was opened. Mr. Tom Karnes, attorney-at-law, appeared before the Council. He stated he is a resident of Stonebridge Subdivision, which was annexed to the City approximately two years ago. To date the subdivision has not received cable service through TCI as is required under City Code. He questioned when the subdivision would be provided cable service, and requested that the franchise not be extended until this question is answered. There being no further appearances, the hearing was closed. BILL NO. 93-281 was given first reading as follows: AN ORDINANCE EXTENDING THE TERM OF FRANCHISE ORDINANCE NO. 1274, PASSED DECEMBER 7, 1977, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 299 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI December 6 19 2�— 13703 Mr. Spradling made a motion, seconded by Mr. Richards, that the first reading of Bill No. 93-281 be tabled to the December 20, 1993, City Council agenda. The motion was approved upon the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Mr. Steve Strom, developer of Northfield 15th Subdivision, appeared before the Council in support of the following: BILL NO. 93-276, an Ordinance establishing the boundaries of Lateral Sewer District No. 14-0-1; a motion approving the improvement plans for Northfield 15th; a motion approving the preliminary plat of Northfield 15th; and a motion approving plans for the extension of the water distribution system to serve Northfield 15th. BII.L NO. 93-276 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-0-1, A SUBDIVISION OF LATERAL SEWER DISTRICT NO. 14- 0, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SAIVITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14-0-1, iJNDER A PRIVATE CONTRACT 5UBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of Bill No. 93-276 was approved, and the improvement plans for street and storm sewer construction for Northfield Fifteenth Subdivision were approved, upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The preliminary plat of Northfield Fifteenth Subdivision was approved upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The plans for extension of the water distribution system to serve Northfield Fifteenth Subdivision were approved upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Mr. Gateley made a motion, seconded by Mr. Richards, that the following time schedule be established to receive public input on excursion riverboat gambling development: Monday, December 20, 1993, 5:30 p.m.; Monday, January 3, 1994, 5:30 p.m.; and Monday, February 7, 1994, 5:30 p.m. The motion was approved upon the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. � Rev. William Burke appeared before the Council on behalf of the Ministerial Alliance and indicated he would like to be a part of the public forum scheduled for December 20 to discuss the riverboat gambling issue. 300 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOt1 December 6 i 9 93 SLL.13703 Regarding the question of residency for an individual who has filed for City Council Ward 6, Mr. Spradling made a motion, seconded by Ms. Wulfers, to defer determination to the city staff whether or not the candidate is eligible to run under the terms of the City Charter. The motion was approved upon the following vote: Ayes, Gateley (abstain), Limbaugh, Richards, Spradling, Wulfers. Nays, none. Ms. Wulfers made a motion, seconded by Mr. Spradling, that the City Manager write a letter of introduction to all riverboat gambling developers throughout the country to entice them to visit Cape Girardeau and submit a bid proposal, in order to help increase the number of potential bidders and improve the quality of bids received. The motion was approved upon the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Regarding Bill No. 93-274, an Ordinance amending Chapter 22 of the City Code relating to solid waste fees, Mr. Gateley made a motion, seconded by Mr. Spradling, that the first reading of this Bill be postponed until December 20, 1993, and that it be placed on the agenda at that time as a public forum. Also, the staff should prepare background information for the meeting covering closure and post closure plans for the landfill, cost analysis of this plan as well as the solid waste program, federal mandates, other funding methods and additional information relative to this subject. The motion was approved upon the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Mr. Doug Leslie announced that a draft Request for Proposal for excursion riverboat gaming had been given to the Council in their agenda packet, and copies are available for the public. Mr. Limbaugh announced that pursuant to the City Council's joint meeting with the Board of Appeals, Mr. Warren Wells, City Attorney, will revise the minimum housing standards as discussed with the Board of Appeals and present a draft to the Council within 30 days. The following bills were given second and third readings: BILL NO. 93-262 AN ORDINANCE ESTABLIS�IING TI� BOUNDARIES OF LATERAL SEWER DISTRICT NO. 12-PP-6 & 14-L-6, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 12-PP & 14-1, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 93-267 AN ORDINANCE ACCFP TING GENERAL WARRANTY DEEDS FROM BARRY W. BERNHARDT AND LAURIE E. BERNHARDT; MARIE A. HOWELL, MICHAEL G. McCRATE, AND CHARLOTTE McCRATE; JOHN RICIiARD ROBINSON AND JUDITH A. ROBINSON; AND JINNY M. SCHENIlVIANN; ACCEPTING A TEMPORARY CONSTRUC- 301 Proceedings of the City Council, City of Cape Girardeau, Mo. R���7 ar SeSSIOCI December 6 1 g �_ 03 TION EASEMENT FROM JOHN RICHARD ROBINSON AND JUDITH A. ROBINSON; AND ACCEPTING A QUIT CLAIM DEED FROM ROBERT D. SCHENIMANN FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT BILL NO. 93-269 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL TAX BILL FOR THE DEMOLITION OF A DANGEROUS BUILDING UNDER Tf� PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU The second and third readings of BILI.NOS. 93-262, 93-267 and 93-269 were approved and the ordinances adopted upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-262 is ORDINANCE NO. 1453; BILL NO. 93-267 is ORDINANCE NO. 1454; BILL NO. 93-269 is ORDINANCE NO. 1455 BILL NO. 93-277 was given first reading as follows: AN ORDINANCE ACCEPTING A SEWER EASIIVIENT FROM LILLIAN U. JOINER, IN CRITES FTRST ADDITION The first reading of BILL NO. 93-277 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-278 was given first reading as follows: AN ORDINANCE ACCFP'TING A QUIT CLAIM DEED FROM DRURY INNS, INC. FOR CAPE WEST PARKWAY RIGHT-OF-WAY The first reading of BILL NO. 93-278 was approved upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-275 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF A RE-SUBDIVISION OF � LOT 7 OF MT. AUBURN SUBDIVISION NO. 3 The first reading of BILL NO. 93-275 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, 5pradling, Wulfers. Nays, none. 302 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular SeSSIOtI December 6 i 9 93 SLL.13703 BILL NO. 93-273 was given first reading as follows: AN ORDINANCE ACCEPTING GENERAL WARRANTY DEED FROM JOE D. LOWES AND DEBRA J. LOWES FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The first reading of BILL NO. 93-273 was approved upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-279 was given first reading as follows: AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM THE MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR RIGHT-OF-WAY FOR CAPE WEST PARKWAY The first reading of BILL NO. 93-279 was approved upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-280 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 12-C-4, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 12-C, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A 5YSTEM OF SAIVITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 12-C-4, UNDER A PRIVATE CONTRACT SUBJECT O CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 93-280 was approved upon Mr. Spradling's motion, Mr. , Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-282 was given first reading as follows: AN ORDINANCE REAFFIRMING THE ACTION OF TI� CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, PROVIDING FOR THE PAYMENT OF TI� WORK, AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BII.LS IN AN AMOLTNT NOT TO EXCEED $10.00 PER FRONT FOOT IN PAYMENT OF THE COST OF SAME ON THAT PART OF 5COTTS LANE FROM ITS INTERSECTION WITH BERTLING STREET NORTH 1112 FEET TO IT TERMINUS AND BRENDA LANE FROM ITS BEGIIVIVING AT SCOTTS LANE 25 FEET TO ITS TERNIINUS IN THE CITY OF CAPE GIRARDEAU, MISSOURI 303 Proceedings of the City Council, City of Cape Girardeau, Mo. Re��l ar $eSSIOCI December 6 19 93 .13703 The first reading of BILL NO. 93-282 was approved, and the improvements to Scotts Lane, Brenda Lane and the parking lot in Capaha Park were approved, upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-283 was given first reading as follows: AN ORDINANCE REPEALING ORDINANCE NO. 1326 AND AUTHORIZING TFiE MAYOR TO EXECUTE TWO EASEMENTS FOR HIGHWAY CONSTRUCTION TO TI-� MISSOURI HIGHWAY AND TRANSPORTATION COMIVIISSION, FOR IMPROVEMENTS AT TI� INTERCHANGE OF ROUTE I-55 AND RELOCATED ROUTE 74 The first reading of BILL NO. 93-283 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Mr. Edward E. Calvin was appointed Municipal Judge for the City of Cape Girardeau for a term expiring December 31, 1998, and the salary of the municipal judge was set at $2,000 bi-weekly, upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Dr. Melvin Kasten was appointed to the Board of Directors of the Cape Girardeau Area Industrial Recruitment Association for a term expiring December 31, 1994, upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The January 17, 1993, City Council meeting was changed to January 19, 1993, due to the Martin Luther King Jr. Holiday, and the February 21, 1993, City Council meeting was changed to February 23, 1993, due to the President's Day Holiday, upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The annual city audit for fiscal year ending June 30, 1993, prepared by Earley, Janssen, Begley and Company, was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The water main extension and sanitary sewer improvements to serve the Bruening property on Dixie Street were accepted into the City's system upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. 304 Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular S@SSIOt1 December 6 i 9 93 SLL.13703 The water main extension to serve Lowes Home Center was accepted into the City's system upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The water main extension to serve Ashland Hills Eighth Subdivision was accepted into the City's system upon Mr. Gateley's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The improvement plans for the street and sidewalk improvements for Lacey Street were approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Mr. Spradling made a motion, seconded by Ms. Wulfers, to file the recommendation of the Planning and Zoning Commission to deny the request from Pauline L. Suttles for a special use permit for a mobile home at 1015 North Spanish Street in an R-2, single family residential district. The motion was approved upon the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The plans for the extension of the water distribution system to serve the Gwenn Frietag property located along County Road 620, north of the Route W/County Road 620 intersection, were approved upon Mr. Gateley's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The improvements to the Public Works Recycling Center were accepted and final payment to E.R. Thompson Construction, Inc. was authorized upon receipt of fmal lien waivers upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The Essential Air Service Program for the municipal airport was approved upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The improvement plans for the extension of Abbey Road were approved upon Mr. Spradling's motion, Mr. Richards second, and the following vote: Ayes, Gateley, Limbaugh (abstain), Richards, Spradling, Wulfers. Nays, none. Mr. Gateley presented to the City a plaque on behalf of the Bicentennial Commission. Mr. Gateley made a motion, seconded by Mr. Spradling, directing city staff to prepare a letter to Martha Bender, Chainman of the Bicentennial Commission, commending the Commission for the work they have done to help celebrate the bicentennial of Cape Girardeau. The motion was approved upon the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. 305 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI December 6 19 9�— 1 703 There being no further business, the Council adjourned upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. � �; � , :Gm�ic�� � David S. Limbaugh, Mayor o Tem �Zc, ayle . Conrad, Deputy City Clerk 306 Proceedings of the City Councii, City of Cape Girardeau, Mo. Session 19 SLL.13703 THIS PAGE INTENTIONALLY LEFT BLANK.