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HomeMy WebLinkAboutCouncil.Minutes.10-19-1992.Regular 357 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $ession October 19 , �9 92 s[.c,ss7s REGULAR SESSION - OCTOBER 19, 1992 Council convened in regular session on Monday, October 19, 1992, at 7:30 p.m. with t 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 litigation and real estate upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richazds, Spradling, Wulfers. Nays, none. The Invocation was presented by Reverend Ed Bra.sington, and the Pledge of Allegiance was recited. The minutes from the October 5, 1992, Regular Session and Fa�ecutive Session, and October 8, 1992, Special Session, were approved upon Mr. Spradling's motion, Ms. Wulfers' 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 necessity of improving an alley between Main Street and Water Street from Johnson Street to Fifth Street, a distance of 753.9 feet, the hearing was opened. Mr. Woody Sadler appeared before the Council and stated that he had circulated the petition for these improvements, but that four or five persons who had signed it had "come upon hard times" and could not afford to pay for the improvements. Mr. Sadler then requested that the Council allow the petition to be withdrawn. There being no further appearances, the hearing was closed. The project was tabled upon Mr. Spradling's motion, Mr. Gateley'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 necessity of improving that part of Quince Street, from its intersection with Edgewood Road, 480 feet ea.st to its terminus, the hearing was opened. There being no appearances, the hearing was closed. Ms. Sharon Williams of Williams Hearing Center, 320 Broadway, appeared before the Council to request that a handicapped parking space be placed in the 300 block of Broadway. Mr. 5cott Butler, 318 Bmadway, appeared before the Council in favor of placing a handicapped parking space in the 300 block of Bmadway. He also requested that two- hour parking along Broadway be more strictly enforced, and he expressed concerns regarding the condition of the Marquette Hotel marquee. 358 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular $ession October 19 , 19 92 SI,I.9975 Ms. Miki Gudermuth, Southeast Missouri Alliance for Disability Independence, appeared before the Council in favor of the City putting in additional handicapped parking spaces, curb cuts, dome markers for the blind, and upright signage for handicapped parking spaces. Discussion followed regarding compliance with the Americans with Disabilities Act (ADA) by January, 1993. A motion was made by Mr. Spradling and seconded by Dr. Kasten to authorize the City Manager to request that the Missouri Highway and Transportation Commission look at realigning Route 177, whether down Sprigg Street or otherwise. Mr. Spradling then moved to amend his original motion to state as follows, "That the City Manager be authorized to request that the Missouri Highway and Transportation Commission realign � Route 177 to the Sprigg Street route." Following discussion, the amending motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, Rhodes. The original motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Spradling, Wulfers. Nays, Rhodes, � Richards. � A motion was made by Mr. Spradling and seconded by Dr. Kasten that the City Council go on record formally opposing the amendment to the City Charter changing the manner � of electing City Council persons from an at large system to a ward or zone system. Ms. Miki Gudermuth appeared before the Council in opposition to the motion. � i Following considerable discussion, the motion was approved upon the following roll call vote: Gateley, Nay; Kasten, Aye; Limbaugh, Aye; Rhodes, Nay; Richards, Nay; Spradling, Aye; Wulfers, Aye. Mr. Richards expressed concern regarding damages to Albert Street and Brink Street resulting from trucks and equipment traveling over the streets for the Flood Control Project. Mr. Fischer stated that the City is following up to make sure that appropriate repairs are made. Mayor Rhodes suggested that the Council approve a motion regarding a project to reinforce family unity in Cape Girardeau. Mr. Anthony Wilson appeared before the Council and stated that adequate employment is the key to family unity. Mr. Michael Sterling of the NAACP appeared before the Council in favor of a project to reinforce family unity. Mr. Sterling also stated his preference for the ward election system. Dr. Bernice Cobb appeared before the Council in favor of a project to reinforce family unity. She also stated her preference for the ward election system. A motion was then made by Mayor Rhodes and seconded by Dr. Kasten that the Ministerial Alliance be contacted to see if they are interested in a project to reinforce family unity. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. I 359 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $e55iOn October 19 . 19 92 SL[.9975 BILL NO. 92-218 was given second and third readings as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MICHAEL V. SEDLOCK AND MICHELE L. HALL, FOR PURPOSES OF MAINTAINING AND OPERATING A WELDING AND SANDBLASTTNG SHOP AT 608 SOUTH ELLIS STREET IN THE ALLEY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BII.L NO. 92-218 were approved and the ordinance adopted upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers (abstain). Nays, Rhodes. BILL NO. 92-218 is ORDINANCE NO. 1258. BILL NO. 92-219 was given second and third readings as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RANDOL FARMS, INC. AND FIRST PENTECOSTAL CHtTRCH, FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING A CHURCH ON THE NORTH SIDE OF LEXINGTON AVENUE, WEST OF KENT STREET AND EAST OF ABBEY ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI A motion was made by Mr. Spradling and seconded by Ms. Wulfers that BILL NO. 92- 219 be amended by requiring that an appropriate subdivision plat be submitted to and approved by the City Council before the special use permit is granted. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh (abstain), Rhodes, Richards, Spradling, Wulfers. Nays, none. The second and third readings of BILL NO. 92-219, as amended, were approved upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh (abstain), Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-219 is ORDINANCE NO. 1259. The following ordinances were given second and third readings: BILL NO. 92-220 AN ORDINANCE GRANTTNG A SPECIAL USE PERNIIT TO BERNICE MONTGOMERY, FOR PURPOSES OF MAINTAINING AND OPERATING A NURSERY FOR TF�� AND SHRUBS AT 1115 SOUTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI 360 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $e55iOn October 19 , 19 92 SLL-9975 BILL NO. 92-221 AN ORDINANCE AMENDING CHAPTER 30 OF TI� CODE OF ORDINANCES OF TI� CITY OF CAPE GIltARDEAU, MISSOURI, BY CHANGING THE ZOIVING OF LAMPLIGHTER MOBILE HOME PARK, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO MH-1 , BILL NO. 92-229 AN ORDINANCE ACCEPTING AN EASEMENT EXECUTED BY FRED A. RIECK, 7AN�S U. RIECK, JR., LOUISE RIECK AND ROBERT E. BOLINSKE FOR A FENCE ADJACENT TO OLD LORIlVIIER CEMETERY BILL NO. 92-226 AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES RELATING TO Tf�MUI�TICIPAL COURT BILL NO. 92-216 AN ORDINANCE ACCFP'TING A GFNF,�t,e i_ WA�t]tANTY DEED AND TIIVIPORARY CONSTRUCTION EASEMENTS FROM ATLAS ALCHEM PLASTICS, INC. FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT, WALKER BRANCH, SECTION I I BILL NO. 92-223 AN ORDINANCE ACCEPTING A GFNF_RAi_• WA,�ZRANTY DEED EXECUTED BY CHARi.�S F. BLATTNER AND JOYCE E. BLATTNER, TRUSTEFS, AND JERRY E. ERLBACHER AND MARTHA B. ERLBACHER, TRUSTEES, FOR STREET RIGHT-OF-WAY ALONG RUST AVENUE AND 1��TNESOTA STREET The second and third readings of BII,L NOS. 92-220, 92-221, 92-229, 92-226, 92-216 and 92-223 were approved and the ordinances adopted upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-220 is ORDINANCE NO. 1260, BILL NO. 92-221 is ORDINANCE NO. 1261, BILL NO. 92-229 is ORDINANCE NO. 1262, BILL NO. 92-226 is ORDINANCE NO. 1263, BII.L NO. 92- 216 is ORDINANCE NO. 1264, and BILL NO. 92-223 is ORDINANCE NO. 1265. BILL NO. 92-231 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, FSTABLISHING A 35 NIILE PER HOUR SPEED LIIVIIT ON LEXINGTON AVENUE BETWEEN I�NNGSHIGHWAY AND PERRYVII.LE ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 361 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $essiOn October 19 . 19 �� SLI.9975 A motion was made by Mr. Spradling and seconded by Dr. Kasten to approve the first reading of BII.L NO. 92-231. A motion was made by Ms. Wulfers and seconded by Mr. Gateley to amend BII.L NO. 92-231 by changing the speed limit from 35 miles per hour to 30 miles per hour. The amending motion failed upon the following vote: Ayes, Gateley, Wulfers. Nays, Kasten, Limbaugh, Rhodes, Richards, Spradling. The first reading of BILL NO. 92-231 was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling. Nays, Wulfers. BILL NO. 92-232, An Ordinance approving the record plat of Woodland Place Ninth Subdivision, was tabled upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh (abstain), Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-230, A Resolution authorizing the City Manager to execute a license and indemnity agreement with John H. Freeze, a living trust, for placing certain improvements on Belleau Drive, in the City of Cape Girardeau, Missouri, was tabled upon Dr. Kasten's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. Mr. David Goncher, Mr. Jim Grebing, and Mr. Jay Knudtson were appointed to the Parks and Recreation Advisory Board for terms expiring October 29, 1995, upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. I A temporary 5 9b beer by drink & wine up to 14% alcohol content license was granted to St. Vincent's Home & School for an event to be held at the A.C. Brase Arena Building, November 13-15, 1992, James D. Maurer, Managing Officer, upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes (abstain), Richards, Spradling, Wulfers (abstain). Nays, none. A motion was made by Dr. Kasten and seconded by Mr. Gateley to consider, at a regular meeting in February, changing the regular City Council meetings from the first and third Mondays to the second and fourth Mondays of the month. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. Plans for the relocation of the sanitary sewer line west of the Farrar Drive "D" Mart were approved upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. � I I 362 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular $ession October 19 . 19 92 s[.r.-ss�s The preliminary plat for Randol Sixth and Seventh Additions was approved upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richazds, Spradling, Wulfers. Nays, none. A motion was made by Mr. Spradling and seconded by Ms. Wulfers to accept street and storm sewer improvements for that portion of Abbey Road constructed as a part of Randol Farms Fifth Addition, and authorize the City Engineer's Office to process payment of $3,587.50 as reimbursement for the additional six foot width of the street. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh (abstain), Rhodes, Richards, Spradling, Wulfers. Nays, none. BII.L NO. 92-233 was given first reading as follows: , A RESOLUTION AUTHORIZING TI� CITY MANAGER TO ENTER INTO A CONTRACT WITH STONEBRIDGE DEVELOPMIIV'r COMPANY FOR EXTENSION OF THE BLOOMFIELD WATER MAIN IN STONEBRIDGE SUBDIVISION A motion was made by Mr. Limbaugh and seconded by Mr. Spradling to amend BILL NO. 92-233 by changing the word "in" to "to", and to approve BILL NO. 92-233 as amended. The motion was approved upon the following vote: Ayes, Gateley, Kasten, � Limbaugh, Richards, Spradling, Wulfers. Nays, none. Mayor Rhodes abstained for fmancial reasons. BILL NO. 92-233 is RESOLUTION NO. 765. Mayor Rhodes announced that a ribbon cutting ceremony would be held at the � intersection of Route K and Le�ngton at 10:00 a.m. on Wednesday, October 21, 1992. Mr. Doug Leslie, Public Works Director, announced that the leaf collection program would run from October 26 through December 24, 1992. There being no further business, the meeting adjourned upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. L� � � Francis E. Rhodes, Mayor Julie A. Da1e, Deputy Ci y Clerk i ! I