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Home My WebLink AboutCouncil.Minutes.08-03-1992.Regular 299 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $ession August 3, �9 92 sc.�-ss�s REGULAR SESSION - AUGUST 3, 1992 Council convened in regular session on Monday, August 3, 1992, at 7:30 p.m. with Mayor Francis E. Rhodes presiding and Council Members Melvin Gateley, David Limbaugh, Doug Richards, Al Spradling III, and Mary Wulfers present. Council � Member Melvin Kasten was absent. Prior to the regular session, Council convened in executive session for purposes of discussing litigation upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. The Invocation was presented by Rev. Scott Moon, Wesley House. The Pledge of Allegiance was recited. � The minutes from the 7uly 20, 1992, Regular Session and Executive Session were approved upon Mr. Limbaugh's motion, Mrs. Wulfers' second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. � This being the date set for a public hearing regarding the property tax rates proposed to be set by the City of Cape Girardeau, for the Fiscal Year ending on June 30, 1993, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the real property ta�c rate proposed to be set for Special Business District No. 2 by the City Council of the City of Cape Girardeau, for the Fiscal Year ending on June 30, 1993, the hearing was opened. There being no appearances, the hearing was closed. Mr. Robert Penrod appeared before the Council regarding bacl�'illing requirements of the BOCA Code. Following discussion, this issue was referred to the Board of Appeals for study and a recommendation upon Mrs. Wulfers' motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling, Wulfers. I Nays, none. � The following persons appeared before the City Council to encourage the City Council to consider providing excess Convention and Visitors funds to the Colonial Cape Girardeau Foundation Project: Mrs. Barbara Rust, President, Colonial Cape Girardeau Foundation Mr. David Murphy, Fxecutive Director, Colonial Cape Girardeau Foundation Dr. FYank Nickell, Southeast Missouri State University Mrs. Becky Richey, Vice President, Colonial Cape Girardeau Foundation 300 Proceedings of the City Council, City of Cape Girardeau, Mo. �tpgular $ession August 3, 19 92 ,LL-9975 Mrs. Beverly Estes appeared before the City Council on behalf of the Convention and Visitors Advisory Board to address Mrs. Richey's concerns regarding the activities of the Convention and Visitors Bureau. Following discussion, the following motion was made by Mr. Gateley and seconded by Mr. Richards: I move that the council request additional information (further study) from the i i 1Colonial Cape Girardeau Foundation regarding the use of excess convention and visitors funds and report back to the Council within a reasonable time. Further I that the Council hear(review) the reports from the Parks and Recreation Advisory Board and the Colonial Cape Girardeau Foundation before making a decision ( regarding the use of excess convention and visitors funds." � ' I Statements in favor of the Colonial Cape Girardeau Foundation Project were made by j� ' four members of the audience. Two of those commenting were Mary Robertson and , Loretta Schneider. The other two persons did not identify themselves. Following discussion, the motion was approved upon the following roll call vote: Gateley, Aye; Limbaugh, Aye; Rhodes, Aye; Richards, Aye; Spradling, Aye; Wulfers, Aye. I Mr. Daniel Dru of the Convention and Visitors Adviso Board stood u and I rY� rY � P � encouraged everyone to work together to bring travel and tourism to the Cape Girardeau region. Ms. Opal McManus appeared before the Council to request that alleys in the City be marked. Mr. Bruce Melvin appeared before the Council to request that there be two trash pickups per week and one recycling pickup per month. Ms. Miki Gudermuth appeared before the Council to request that the trash service be bid out. Following discussion, City staff were directed to place this issue on the August 17, 1992, City Council agenda for discussion. Mr. Pete Poe encouraged the City Council to give the newly appointed Solid Waste Task Force an opportunity to study the issue. � Mr. Tim Blattner appeared before the Council regarding the excess Convention and � Visitors Funds. He urged the City Council to consider using the funds as seed money for several projects rather than giving a large sum to any one project. � ,� 301 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 3, �9 92 si.t,ss�o Mr. Pete Poe, representing the Convention and Visitors Advisory Board, noted that this idea was included in the Advisory Board's recommendation to the City Council. The following ordinances were given second and third readings as follows: BILL NO. 92-152 AN ORDINANCE PERTAII�TING TO THE LICENSING OF PERSONS ENGAGED IN Tf� CONSTRUCTION TRADES BILL NO. 92-150 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF T�-iE CITY CODE, BY PLACING STOP SIGNS ON PERRYVILLE ROAD AND LEXINGTON AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 92-153 AN ORDINANCE ACCEPTTNG PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM HAROLD R. MEYR AND DOLORIS MEYR; JO WAYNE STRACK; JO ANNA PEEK AND DORTHA STRACK; HAROLD A. STRACK AND DOROTHY JANE STRACK; HAROLD ALBERT STRACK AND DORTHA JANE STRACK; AND HAROLD A. STRACK, DORTHA 7ANE STRACK, ALAN DALE STRACK, AND LISA A. STRACK FOR THE UPPER CAPE LA CROIX TRUNK SEWER PROJECT, PHASE 4, SECTIONS I AND II BILL NO. 92-154 AN ORDINANCE APPROVING THE RECORD PLAT OF RANDOL FARMS FIFTH ADDITION The second and third readings of BILL NOS. 92-152, 92-150, 92-153, and 92-154 were approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Limbaugh's second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling. Nays, none. Mrs. Wulfers was absent when this vote was taken. BILL NO. 92-152 is ORDINANCE NO. 1213, BILL NO. 92-150 is ORDINANCE NO. 1214, BILL NO. 92- 153 is ORDINANCE NO. 1215, and BILL NO. 92-154 is ORDINANCE NO. 1216. BILL NO. 92-157 was given first reading as follows: AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; LIBRARY FUND TAX; PUBLIC HEALTH TAX; DEBT SERVICE FUND TAX; SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE FTSCAL YEAR ENDING ON THE 30TH DAY OF JIJNE 1993 302 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $ession August 3, �q 92 The first reading of BILL NO. 92-157 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling. Nays, none. Mrs. Wulfers was absent when this vote was taken. BILL NO. 92-158 was given first reading as follows: AN ORDINANCE ACCEP'TING A GFNF=RAi-WA�RRANTY DEED FROM JO ANNE � SEABAUGH; AND ACCEPTING P EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM CHICH CHUNG CHEN AND LEE CHIOU � CHEN; AND KF.NICHI MUROI AND MAYUNII MUROI FOR THE LEXINGTON AVENUE EXTENSION PROJECT � The first reading of BILL NO. 92-158 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-159 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED, A PERMANENT ACCESS EASEMENT, AND A TII��IPORARY CONSTRUCTION EASEMENT FROM SOUTH K INC.;AND ACCEPT ING A TE1��ORARY CONSTRUCTION EASEMENT FROM PAUL A. HFNDRIX, MARY F. HENDRIX, PAUL A. SCHERMANN, AND SARAH J. SCHERMANN FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT, CAPE LA CROIX CREEK SEGMENT The first reading of BILL NO. 92-159 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richazds, Spradling, Wulfers. Nays, none. BILL NO. 92-160 was given first reading as follows: AN ORDINANCE ACCEPTTNG A GENERAL WA,F:RANTY DEED AND A TEMPORARY ACCESS EASEMENT FROM R.B.C.G., INC. FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT, WALKER BRANCH, SECTION I The first reading of BILL NO. 92-160 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. ( BII.L NO. 92-162 was given first reading as follows: � 303 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $ession August 3, 19 92 SI.I.9975 AN ORDINANCE AMENDING THE CITY CODE RELATTNG TO TRUCK LOADS CAUSING LITTER The first reading of BILL NO. 92-162 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-163 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF STONEBRIDGE SUBDIVISION, PHASE 1 The first reading of BILL NO. 92-163 was approved upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Mayor Rhodes abstained for fmancial reasons. BILL NO. 92-148 was given first reading as follows: AN ORDINANCE REPEALING SECTION 26-333 OF THE CITY CODE AND ENACTING A NEW SECTION 26-333 IN LIEU THEREOF RELATING TO UNLICENSED MOTOR VEHICLE OPERATORS The first reading of BII.L NO. 92-148 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. Mayor Rhodes announced that BILL NO. 92-147, An Ordinance relating to reimbursement of costs of anest, had been pulled from the agenda. BILL NO. 92-155 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEMOLITION CONTRACT WITH J.W. STRACK CONSTRUCTION The reading of BILL NO. 92-155 was approved and the resolution adopted upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-155 is RESOLUTION NO. 739. BILL NO. 92-156 was presented as follows: 304 Proceedings of the City Council, City of Cape Girardeau, Mo. Rec�ular $ession August 3, �q 92 ..997ti A RESOLUTION AUTHORIZING Tf� CITY MANAGER TO ENTER INTO AN ESCROW AGREEMENT WITH STONEBRIDGE SUBDIVISION,INC. AND SOUTH EAST MISSOURI BANK FOR STONEBRIDGE SUBDIVISION, INC. The reading of BILL NO. 92-156 was approved and the resolution adopted upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Mayor Rhodes abstained for fmancial reasons. BILL NO. 92-156 is RFSOLUTION NO. 740. BILL NO. 92-161 was presented as follows: � A RESOLUTION REAFFIRNIING THE CITY'S PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS FOR CERTAIN MUI�TICIPAL OFFICIALS The reading of BILL NO. 92-161 was approved and the resolution adopted upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-161 is RESOLUTION NO. 741. BILL NO. 92-164 was presented as follows: A RESOLUTTON ACKNOWLEDGING RECIIPT OF AN A►NNEXATION PETITION AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED A�NNEXATION The reading of BILL NO. 92-164 was approved and the resolution adopted upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-164 is RES OLUTION 742. BILL NO. 92-165 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PR DEVELOPERS, INC. FOR TI� MT. AUBURN/KAGE SANITARY SEWER EXTENSION The reading of BILL NO. 92-165 was approved and the resolution adopted upon Mr. 5pradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-165 is RFSOLUTION NO. 743. � 305 Proceedings of the City Council, City of Cape Girardeau, Mo. lzegular Session August 3, 19 �2_ SLL-9975 Mr. John R. (Jack) Lamkin was appointed to the Special Business District Advisory Commission for a term expiring June 30, 1995, upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. Mrs. Shirley Tiehes was appointed to the Cape Girardeau County University of Missouri Extension Council for a term expiring February 28, 1993, upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. A temporary 3.2% non-into�cicating beer by drink license was granted to Mr. Pete Poe, d/b/a SEMO District Fair, Arena Park, Cape Girardeau, Missouri, upon Mr. Limbaugh's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. There being no further business, the meeting adjourned upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. I _ � _ rancis E. Rhodes, Mayor . _� Julie . Da1e, Deputy City Clerk 306 Proceedings of the City Council, City of Cape Girardeau, Mo. 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