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Home My WebLink AboutCouncil.Minutes.09-03-1991.REgular 32 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $ession September 3, 19 91 SLL.-9975 REGULAR SESSION - SEPTIIVIBER 3, 1991 Council convened in regulaz session on Tuesday, September 3, 1991, at 7:30 p.m. with Mayor Francis E. Rhodes presiding and Council members David Limbaugh, Doug Richards, A1 Spradling III, Hugh White, and Mary Wulfers present. Prior to the regular session, Council convened in executive session for purposes of discussing legal actions upon Mr. Limbaugh's motion, Mr. Spradling's second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White. Nays, none. Mrs. Wulfers was absent when this vote was taken. The invocation was presented by Mr. White. A representative from Hardware Wholesalers, Inc. was presented with a plaque recognizing Hardware Wholesalers, Inc. as September Industry of the Month. The minutes from the August 19, 1991, Regular Session were approved upon Mr. Limbaugh's motion, Mr. Spradling's second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. This being the date set for a public hearing to consider amendments and changes in the Flood Plain Management Regulations Ordinance of 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 an amendment to Section 30-39 of the Zoning Ordinance to allow the placement of mobile home units for office purposes in M-2, Heavy Industrial District, with a Special Use Permit, the hearing was opened. Mr. Charles F. (Rick) Blattner, III appeared before the Council in favor of this amendment. This being the date set for a public hearing regarding the request of Charles F. Blattner III for a Special Use Permit for a mobile home unit for office purposes at 1300 North Water Street in an M-2, Heavy Industrial District, zone, the hearing was opened. Mr. Charles F. (Rick) Blattner, III appeared before the Council in favor of this request. Mr. Dave Kinder appeared before the Council in favor of amending the City Code of Ordinances to allow the sale of fireworks from December 20 through 7anuary 2 annually. The following gentlemen appeared before the Council with questions and comments regazding BILL NO. 91-188, An Ordinance pertaining to the licensing of persons in the construction trades: 33 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $ession September 3, �q 9i SLI,-9975 � Mr. John Boos Mr. Wilbert (Bud) Ervin M�'. J�m Hurtle Mr. Ron Scheper Mr. George Peo Mr. Bob Komorech Mr. �Yank Bean Mayor Rhodes asked for a show of hands of those in the audience who had not appeared regarding this ordinance, but were against it. Eight people raised their hands. I After discussion, BILL NO. 91-188 was referred to staff for further review and a recommendation upon Mr. Limbaugh's motion, Mr. White's second, and the following roll call vote: Mr. Limbaugh, Aye; Mayor Rhodes, Nay; Mr. Richards, Nay; Mr. Spradling, Aye; Mr. White, Aye; Mrs. Wulfers, Aye. Mr. Mark �sher appeared before the Council in favor of approval of a retail liquor by the drink license for Memwether Investments, Inc., d/b/a The Casbah, 629 Rear Good Hope, Jerrianne Wyman, Managing Officer. Mr. Tommy Robinson appeared before the Council on behalf of the True Christian Pentecostal Witnesses against approval of a retail liquor by the drink license for Memwether Investments, Inc., d/b/a The Casbah, 629 Rear Good Hope, Jerrianne Wyman, Managing Officer. Mr. Limbaugh moved and Mrs. Wulfers seconded that the retail liquor by the drink license for Merriwether Investments, Inc., d/b/a The Casbah, 629 Rear Good Hope, Jerrianne Wyman, Managing Officer, be approved. The motion failed upon the following vote: Ayes, Limbaugh, Wulfers. Nays, Rhodes, Richards, Spradling, White. The following ordinances were given second and third readings: BILL NO. 91-184 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 2 OF TI� CODE OF ORDINANCFS ENTITLED "CONFLICTS OF INTEREST" BY ADOP'TION OF A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF IINTEREST AND SUBSTANTIAL INTEREST FOR CERTAIN MUI�TICIPAL OFFICIALS BILL NO. 91-175 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM RALPH EDWARD5 SPORTSWEAR, INC. FOR PUBLIC WORKS ' LAND TRANSFERS 34 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $esSion September 3, 1991 SLI.997,i BILL NO. 91-176 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED AND A QUIT CLAIM DRAD CONVEYING LAND TO RALPH EDWARDS SPORTSWEAR, INC. FOR PUBLIC WORKS LAND TRANSFERS BILL NO. 91-178 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF TI�CITY CODE, FSTABLISHING NO PARI�NG ON MT. AUBURN ROAD, IN Tf� CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 91-177 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FROM ORSCHELN FARM AND HOME SUPPLY, INC. FOR TI� BLOOMFIELD BRIDGE APPROACHES PROJECT BILL NO. 91-180 AN ORDINANCE APPROVING THE RECORD PLAT OF BEAN'S IVINTH SUBDIVISION BILL NO. 91-186 AN ORDINANCE ACCEP'TING A QUIT CLAIM DEED FROM SIX-THIRTY INC. FOR TI� r�IINNFSOTA AVENUE IlVIPROVEMENT PROJECT The second and third readings of BILL NOS. 91-184, 91-175, 91-176, 91-178, 91-177, 91-180, and 91-186 were approved and the ordinances adopted upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. BILL NO. 91-184 is ORDINANCE NO. 1072, BII.L NO. 91-175 is ORDINANCE NO. 1073, BILL NO. 91-176 is � ORDINANCE NO. 1074, BII.L NO. 91-178 is ORDINANCE NO. 1075, BILL NO. 91-177 is ORDINANCE NO. 1076, BII,L NO. 91-180 is ORDINANCE NO. 1077, and BILL NO. 91-186 is ORDINANCE NO. 1078. BII.L NO. 91-195 was given first, second, and third readings as follows: � AN ORDINANCE CALLING A SPECIAL BOND ELECTION IN Tf� CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION WI�THER TO ISSUE THE 1 WATERWORK5 SYSTEM REVENUE BONDS OF THE CITY OF CAPE GIRARDEAU, MISSOURI, IN THE AMOUNT OF$11,840,000 FOR Tf�PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION, IIVIPROVEMENT AND EXTENSION OF A WATERWORKS SYTEM; DESIGNATTNG THE TIlVIE OF HOLDING SAID ELECTION; AND AUTHORIZING AND DIRECTING Tf� DEPUTY CITY CLERK TO GIVE NOTICE OF SAID ELECTION I � 35 Proceedings of the City Council, City of Cape Girardeau, Mo. RPgular Session September 3, �q 91 S..9975 The first, second, and third readings of BILL NO. 91-195 were approved and the ordinance adopted upon Mr. Spradling's motion, Mr. Limbaugh's second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. BII.L NO. 91-195 is ORDINANCE NO. 1079. BILL NO. 91-196 was given first, second, and third readings as follows: , AN ORDINANCE CALLING A SPECIAL ELECTION IN TI� CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION WHETHER TO GRANT THE RIGHT, PERMISSION AND AUTHORITY TO LTNION ELECTRIC COMPANY, FOR TI� PERIOD OF TWENTY YEARS, TO CONSTRUCT, MAINTAIN AND OPERATE WITHIN THE CITY OF CAPE GIRARDEAU, MISSOURI, A SYSTEM FOR THE MANUFACTURE, TRANSMISSION AND SALE OF ELECTRICITY; DESIGNATING THE TIME OF HOLDING SAID ELECTION; AND AUTHORIZING AND DIRECTING TI� CITY CLERK TO GIVE NOTICE OF SAID ELECTION; AND DECLARING AN EMERGENCY TO EXIST The first second and third readin s of BII.L NO. 91-196 were a roved and the � I > > g PP ; ordinance adopted upon Mr. Spradling's motion, Mrs. Wulfers' second, and the I following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. BII.L NO. 91-196 is ORDINANCE NO. 1080. I BILL NO. 91-197 was given first, second, and third readings as follows: � AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF CAPE � GIRARDEAU, MISSOURI, ON THE QUESTION WHETHER TO GRANT THE RIGHT, PERNIISSION AND AUTHORITY TO iJ1VION ELECTRIC COMPANY, FOR THE PERIOD OF TWENTY YEARS, TO CONSTRUCT, MAINTAIN AND i OPERATE WITHIN THE CITY OF CAPE GIRARDEAU, MISSOURI, A SYSTEM FOR THE DISTRIBUTION AND SALE OF NATURAL GAS AND/OR ARTIFICIAL GAS; DFSIGNATING THE TIlI�IIE OF HOLDING SAID ELECTION; AND I AUTHORIZING AND DIRECTING TF�CITY CLERK TO GIVE NOTICE OF SAID ELECTION; AND DECLARING AN EMERGENCY TO EXIST �I The first, second, and third readings of BILL NO. 91-197 were approved and the ordinance adopted upon Mr. Spradling's motion, Mrs. Wulfers' second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, �' none. BII,L NO. 91-197 is ORDINANCE NO. 1081. i BII.L NO. 91-190 was given first reading as follows: AN ORDINANCE PERTAINING TO OPERATING MOTOR VEHICLES WHII.E j CONSUMING ALCOHOLIC BEVERAGES ! I � �� 36 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $ession September 3, 19 91 SLI,9975 The first reading of BILL NO. 91-190 was approved upon Mr. Spradling's motion, Mrs. Wulfers' second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. BILL NO. 91-158 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 12 OF TI� CITY CODE KNOWN AS THE "FI.00DPLAIN MANAGEMENT REGULATIONS" The first reading of BILL NO. 91-158 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. BILL NO. 91-187 was given first reading as follows: AN ORDINANCE AMENDING THE CITY CODE OF CAPE GIItARDEAU, MISSOURI, RELATING TO TI� OFFENSE OF LEAVING THE SCENE OF AN ACCIDENT The first reading of BII,L NO. 91-187 was approved upon Mr. Spradling's motion, Mr. Richazds' second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. BILL NO. 91-191 was given first reading as follows: AN ORDINANCE AMENDING SECTION 30-39 OF TI� CITY CODE BY ADDING A NEW SUBSECTION (29) RELATING TO SPECIAL USE REGULATIONS The first reading of BII.L NO. 91-191 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. BILL NO. 91-189 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ERLBACHER PROPERTIES, FOR PURPO5ES OF MAINTAIIVING AND OPERATING A MOBILE HOME i)NIT FOR OFFICE PURPOSFS AT 1300 NORTH WATER STREET, IN THE CITY AND COUNTY OF CAPE GIItARDEAU, MISSOURI The first reading of BILL NO. 91-189 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. 37 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $ession September 3, 19 91 SLC�9976 BII.L NO. 91-193 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY I CODE, BY PLACING STOP SIGNS ON COUSIN STREET AT PARK AVENUE; MAPLE STREET AT BENTON; LEXINGTON AVENUE AT CAPE LACROIX ROAD AND ON ABBEY ROAD AT LEXINGTON, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BII.L NO. 91-193 was appmved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. BILL NO. 91-194 was presented as follows: A RESOLUTION APPROVING THE FORM OF A T-HANGAR RENTAL AGREEMENT AT THE CAPE GIRARDEAU MLTNICIPAL AIRPORT AND � AUTHORIZING THE CITY MANAGER TO EXECUTE T-HANGAR RENTAL AGREEMENTS The reading of BILL NO. 91-194 was approved and the resolution adopted upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. BILL NO. 91-194 is RESOLUTION NO. 661. ! BILL NO. 91-192 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEMOLITION CONTRACT WITH BAER & COMPANY The reading of BILL NO. 91-192 was approved and the resolution adopted upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. BII.L NO. 91-192 is RESOLUTION NO. 662. Approval of a retail liquor by the drink license for Craig Horky, d/b/a Daytimer Lounge, 829 S. Kingshighway, Craig Horky, Managing Officer, was granted upon Mr. White's motion, Mr. Spradling's second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. Improvements were accepted and fmal payment to contractor was authorized for the renovation and addition at City Hall upon Mr. 5pradling's motion, Mr. White's second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. �� 38 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $essiOn SeDtember 3, �9 9 i sLL-ss�s Improvements were accepted and fmal payment to contractor was authorized for the Taxiway Signage and Pavement Marking - Division B, A.I.P. Project 3-29-0013-04 at the Cape Girardeau Municipal Airport upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Limbaugh, Rhodes, Richazds, Spradling, White, Wulfers. Nays, none. Approval of an original package liquor license for Shop 'N Save Warehouse, d/b/a Shop 'N Save, 254 S. Silver Springs, Richard Ruess, Managing Officer, was granted upon Mr. Spradling's motion, Mrs. Wulfers' second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White (abstain), Wulfers. Nays, none. The application to the State of Missouri Neighborhood Assistance Program from the Safe House for Women, Inc., was endorsed upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. There being no further business, the Council meeting adjourned upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Limbaugh, Rhodes, Richards, Spradling, White, Wulfers. Nays, none. . � �� > Francis E. Rhodes, Mayor Julie . Da1e, Deputy ' Clerk 39 Proceedings of the City Council, City of Cape Girardeau, Mo. Session 19 s[.t,ss�s i I I 7.HIS PA(� I1�fI'II�IONAI�LY LEFT BLArIIC. � � I i � i I � I � � i I �