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HomeMy WebLinkAboutCouncil.Minutes.02-07-1994.Regular 387 Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular S@SSIOtI February 19 94 S1L.13703 REGULAR SESSION - FEBRUARY 7, 1994 Council convened in regular session on Monday, February 7, 1994, at 7:30 p.m. with Mayar Pro Tem David Limbaugh presiding and Council Members Melvin Gateley, Melvin Kasten, Doug Richards, A1 Spradling III, and Mary Wulfers present. Mayor Francis E. Rhodes was absent. The invocation was presented by Rev. Allan Berry, Pastor of Red Star Baptist Church, and the Pledge of Allegiance was recited. Prior to the regular session, a public forum was held at 5:30 p.m. to hear presentations from Boyd Gaming Corporation and Lady Luck Gaming Corporation on their proposed develoment of excursion riverboat gaming in the city and receive public comment on this issue. Notes of the public forum are attached hereto and made a part of these minutes (E�ibit A). The minutes from the January 19, 1994, Regular and Executive Sessions were approved upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Mr. Warren Wells, City Attorney, reported to the Council on the status of legislation regarding riverboat gambling and whether or not it should go back to the voters for approvaL After discussion, it was the consensus of the Council not to take any action at this time. The agenda was adopted as distributed to the Council upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. This being the date set for a public hearing regarding the request of Richard L. and Joan Eggunann to rezone Lots 6, 7, and 8, Block 1, Timberlane Subdivision, from R-1, single family residential district, to G1, local commercial district, the hearing was opened. Mr. Richard Eggimann appeared in support of Bill No. 94-17, an ordinance amend'mg Chapter 30 of the Code of Ordinances by changing the zoning as requested. There being no further appearances, the hearing was closed. BILL NO. 94-17 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZOIVING OF PART OF LOT 6 AND ALL OF LOT 7 AND 8, BLOCK 1 OF TIlVIBERLANE SUBDIVISION, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO C-1 , 388 Proceedings of the City Council, City of Cape Girardeau, Mo. Re�Lar S@SSIOfI F _briiar� 7 �9 4i� SLL.13703 The first reading of BILL NO. 94-17 was approved upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. This being the date set for a public hearing regarding the request of Jeff and Paula Jackson and Bill and Brenda Bowen for a special use permit to use a garage for commercial storage at 2710 Hawthorne Drive in an R-2, single family residential district, the hearing was opened. Mr. Stewart Jance appeared in opposition to Bill No. 94-18, an ordinance granting a special use permit to Jeff and Paula Jackson and Bill and Brenda Bowen as requested. Mr. Jeff Jackson appeared in favor of Bill No. 94-18, stating that this garage would only be used for storage for a carpet cleaning business and there would be no additional traffic. Ms. Dorothy Cauble inquired as to whether the garage could be used for any commercial business or just for the purposes stated in the special use permit. Mr. J. Ronald Fischer, City Manager, responded that under the special use permit, this garage could only be used for the purpose stated in the permit. There being no further appearances, the hearing was closed. BILL NO. 94-18 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO JEFF JACKSON AND PAULA JACKSON AND BILL BOWEN AND BRENDA BOWEN, FOR PURPOSES OF MAINTAINING AND OPERATING A GARAGE FOR COMMERCIAL STORAGE AT 2710 HAWTHORNE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU The first reading of BILL NO. 94-18 was approved upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. This being the date set for a public hearing regarding the request of Vernon E. and Carole S. Rhodes for a special use permit to construct a go-cart amusement facility at 1724 North Kingshighway, in a C-2, general commercial district, the hearing was opened. Mr. Jim McHaney, attorney-at-law, appeared on behalf of Mr. and Mrs. Rhodes in favor of Bill No. 94-19, an ordinance granting a special use permit as requested. He explained that the track would be located next to World of Honda on North Kingshighway, and that if required, the owners would put up a buffer zone to limit the amount of noise from the track. I Mr. Gateley stated that he had received a petition from Metro Business College on North Kingshighway indicating they were concerned about the noise factor. Ms. Cheryl Ritter, 2425 Horseshoe Ridge, appeared in opposition to Bill No. 94-19, expressing concerns about the noise from the track and the proposed buffer zone, the traffic at the intersection of Lexington and Kingshighway, the young age group that this business will cater to, and the hours that the business will be open. 389 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI February 7 1 Q 94 SLL.13703 Mr. Bob Templeton, 2419 Horseshoe Ridge, appeared in opposition to Bill No. 94-19. Ms. Beth Moberg, 2414 Horseshoe Ridge, appeared in opposition to Bill No. 94-19 and requested that this issue be tabled to the next city council meeting so the entire - neighborhood could be made aware of the issue. Mr. Frank Stoffregen appeared in favor of Bill No. 94-19, stating that he did not feel the noise would be an issue and that this would be a good attraction for students in the area. �'. James Reed appeared before the Council stating he operates a track in Arkansas and would operate the track in Cape Girardeau. A majority of his business is from parents '� who also bring their children to the track. Fie explained that the go-carts have a lawn mower engine, and that the maxirnum range for the noise is 300 feet. Mr. Vernon Rhodes, owner of the property in question, appeared in favor of Bill No. ' 94-19. There being no further appearances, the hearing was closed. After discussion, Mr. Gateley made a motion that the first reading of Bill No. 94-19 be tabled to the February 23 City Council meeting. The motion was defeated due to a lack of second. BILL NO. 94-19 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO VERNON E. RHODES AND CAROLE S. RHODES, FOR PURPOSES OF CONSTRUCTING, MAINTAIN- ING AND OPERATING A PUBLIC GO-CART AMUSEMENT FACILITY AT 1724 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Spradling made a motion, seconded by Dr. Kasten, that the first reading of BILL NO. 94-19 be approved. Mr. Spradling made an amending motion, seconded by Mr. Richards, that as a part of the special use permit, a buffer zone of vegetation be required on the north and east sides of the property. The amending motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh (abstain), Richards, Spradling, Wulfers. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Gateley, Kasten, Limbaugh (abstain), Richards, Spradling, Wulfers. Nays, none. This being the date set for a public hearing regarding the request of G. Keith Deimund for a special use permit to construct condominiums on Lot 1, Mount Auburn Subdivision No. 6, on Beavercreek Drive, in an R-4, multiple family residential district, the hearing was opened. Mr. G. Keith Deimund appeared in favor of Bill No. 94-20, an ordinance granting a special use permit as requested. There being no further appearances, the hearing was closed. 390 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $QSSIOfI February 7 19 94 SLL.13703 BILL NO. 94-20 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO G. KEITH DEIMUND TRUST, FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING, AND OPERAT- ING CONDOMIrtIUMS ON BEAVERCREEK DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-20 was approved upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. � This being the date set for a public hearing regarding the request of David and Cindy Patrick to amend their C-4, planned commercial district, at 1809 North Kingshighway to relocate the residence on the lot and to construct an addition to the commercial building to connect two existing buildings, the hearing was opened. Mr. David Patrick appeared in favor of Bill No. 94-21, an ordinance granting a special use permit to David and Cindy Patrick as requested. There being no further appearances, the hearing was closed. BILL NO. 94-21 was given first, second and third readings as follows: AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO DAVID PATRICK AND CINDY PATRICK, FOR PURPOSES OF CONSTRUCTING, MAINTAIrTING AND OPERATING AN ADDITION TO AN EXISTING BUILDING AND RELOCATING A RESIDENCE AT 1809 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first, second and third readings of BILL NO. 94-21 were approved and the ordinance adopted upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-21 is ORDINANCE NO. 1477. This being the date set for a public hearing regarding the City's submission of an application for the fiscal year 1994 Community Development Block Grant (CDBG) Program, the hearing was opened. Mr. Steve Williams, Housing Assistance Coordinator, appeared before the Council and explained the project. The application to the state will be for $693,000 to renovate 66 homes over a two year period in the south part of Cape Girardeau. Priority will be given to owner occupied properties. Improvements will include water line replacement, water line improvements, curb and gutter and sidewalk replacement, and paving of an alley. The city will be required to make an in-kind contribution to the project. 391 I Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $G'SSIOt1 February 7 �9 94 SLL.13703 Ms. Peggy Robinson, 900 S. Ellis, questioned how much money will be allotted for each home. Ms. Marilyn Cook, 722 Giboney, questioned whether this money would have to be paid back to the state by the property owners. Mr. Williams responded that $14,000 will be allowed per household. In addition, the money will not have to be paid back as long as the property owner remains at the residence for four years. If they do not, they will have to pay back the grant amount 25 percent per year for four years. There being no further appearances, the hearing was closed. BILL NO. 94-35 was presented as follows: A RESOLUTTON OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH T�-IE "CONIMiJNITY DEVELOPMENT BLOCK GRANT" PROGRAM AND AUTHORIZING THE CITY MANAGER TO PURSUE ACTIVITIES IN AN ATTEMPT TO SECURE FITNDING. The reading of BILL NO. 94-35 was approved and the resolution adopted upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-35 is RFSOLUTION NO. 893. Mr. F.R. "Buz" Sutherland, Director of the Small Business Development Center at Southeast Missouri State University, appeared before the council. He explained that the center is designed to assist new and existing businesses in the area with management counseling. He requested that the city council consider and approve an investment to the center in the amount of $6,000. Mr. Gateley made a motion, seconded by Mr. Spradling, that an investment of $6,000 be made to the Small Business Development Center. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards (abstain), Spradling, Wulfers. Nays, none. Ms. Brenda Dohogne appeared before the Council and submitted information regarding private trash collection bids and trash and sewer billing. A copy of the information is attached hereto and made a part of these minutes (E�ibit B). In addition, she questioned what was being done regarding the sewer billing error made by Governmentor Systems. Mr. Fischer responded that the city staff is in contact with Governmentor Systems and discussing this issue with them. The adjustments to the affected sewer bills will be from January through December, 1994, and in July city staff will review how much revenue has been generated from these adjustments. The following bills were given second and third readings: 392 Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular $@SSIOtI February 7 1994 SLL.13703 BILL NO. 94-6 AN ORDINANCE AMENDING CHAPT'ER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PART OF A TRACT LYING EAST OF LEXINGTON AVENUE, BOUNDED ON THE EAST BY BELLERIDGE SUBDIVISION, THE NORTH BY CHRIST PRESBYTERIAN CHURCH, THE WEST BY LEXINGTON AVENUE AND UIVION ELECTRIC COMPANY AND THE SOUTH BY CEDAR RIDGE ESTATES, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-3 BILL NO. 94-9 AN ORDINANCE AMENDING SCHEDLTLE C OF SECTION 26-121 OF THE CITY CODE, BY PLACING A STOP SIGN ON MEYER DRIVE AT STEVENS DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 94-14 AN ORDINANCE VACATING THE CITY'S INTE.REST IN A UTTLITY EASEMENT IN OLIVER HIIGHTS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 94-8 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT FOR HIGHWAY CONSTRUCTION TO THE MISSOURI HIGHWAY AND TRANSPORTATION COMl��IISSION FOR THE RELOCATED HIGHWAY 74 PROJECT BILL NO. 94-15 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COLTNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BILLS IN AN AMOUNT NOT TO EXCRF.T� $36.70 PER FRONT FOOT IN PAYMENT OF THE COST OF SAME ON MARGARET STREET FROM LEROY DRIVE TO MARVIN STREET FOR A DISTANCE OF 212.68 FEET; WITH THE BALANCE TO BE PAID FROM GENERAL REVENUE FUNDS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 94-10 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS AND TEMPORARY CONSTRUCTION EA5EMENTS FROM ROBERT F. HEMPERLEY, JR., AND NELLE B. � HEMPERLEY; MARTIN L. ROTH AND CHARLOTTE P. , ROTH; AND DONALD PRESNELL WHEELER FOR THE I CAPE LA CROIX CREEK/WALKER BRANCH FLOOD ' CONTROL PROJECT 393 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOt1 February � 1 g 94 � SLL.13703 BILL NO. 94-11 AN ORDINANCE ACCEPTTNG GENERAL WARRANTY DEED FROM RONALD LEE SCHUMAN AND SHARON K. SCHUMAN FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT, DETENTION RESERVOIR The second and third readings of BILL NOS. 94-6, 94-9, 94-14, 94-8, 94-15, 94-10 and 94-11 were approved and the ordinances adopted upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-6 is ORDINANCE NO. 1478; BILL NO. 94-9 is ORDINANCE NO. 1479. BILL NO. 94-14 is ORDINANCE NO. 1480. BILL NO. 94-8 is ORDINANCE NO. 1481. BILL NO. 94-15 is ORDINANCE NO. 1482. BILL NO. 94-10 is ORDINANCE NO. 1483. BILL NO. 94-11 is ORDINANCE NO. 1484. � BILL NO. 94-26 was given first reading as follows: AN ORDINANCE REAFFIRNIING THE ACTION OF THE 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 THE WORK, AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BILLS IN AN AMOUNT NOT TO EXCEED $17.00 PER FRONT FOOT IN PAYMENT OF THE COST OF SAME ON QUINCE STREET FROM EDGEWOOD ROAD EAST TO ITS TERMINATION A DISTANCE OF 480 FEET; WITH THE BALANCE TO BE PAID FROM GENERAL REVENUE FLTNDS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. The first reading of BILL NO. 94-26 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. � BILL NO. 94-27 was given first reading as follows: AN ORDINANCE REAFFIRNIING THE ACTION OF THE 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 THE WORK, AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BILLS IN AN , AMOUNT NOT TO EXCEED $12.00 PER FRONT FOOT IN PAYMENT OF THE ', COST OF SAME ON VISTA LANE FROM WEST RODNEY DRIVE TO ' HAWTHORNE DRIVE FOR A DISTANCE OF 927.5 FEET; WITH THE BALANCE TO BE PAID FROM GENERAL REVENUE FUNDS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. � 394 Proceedings of the City Council, City of Cape Girardeau, Mo. Reaular $@SSIOfI February 7 1 J 94 SLL 13703 The first reading of BILL NO. 94-27 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-28 was given first reading as follows: AN ORDINANCE REAFFIRNIING THE ACTION OF THE 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 THE WORK, AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BILLS IN AN AMOUNT NOT TO EXCEED $20.00 PER FRONT FOOT IN PAYMENT OF THE COST OF SAME ON FERGUSON DRIVE FROM BIG BEND ROAD WEST FOR A DISTANCE OF 428 FEET; WITH THE BALANCE TO BE PAID FROM GENERAL REVENUE FUNDS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. The first reading of BILL NO. 94-28 was approved upon Dr. Kasten's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-24 was given first reading as follows: AN ORDINANCE ACCEP'TING A QUIT CLAIM DEED FROM THE MISSOURI HIGHWAY AND TR.ANSPORTATION COMIVIISSION FOR THE LEXINGTON AVENUE/HIGHWAY 61 INTERSECTION PROJECT The first reading of BILL NO. 94-24 was approved upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-25 was given first reading as follows: AN ORDINANCE AUTHORIZING TfIE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED TO THE MISSOURI HIGHWAY AND TRANSPORTATION CONIlVIISSION FOR THE LEXINGTON AVENUE/HIGHWAY 61 INTERSECTION PROJECT The first reading of BILL NO. 94-25 was approved upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-30 was given first reading as follows: 395 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI Februarv � 19 �_ SLL.13703 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON LEXINGTON AVENUE AND LOUISIANA STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-30 was approved upon Dr. Kasten's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-29 was given first reading as follows: AN ORDINANCE AMENDING SCHEDLTLE C OF SECTION 26-121 OF THE CITY CODE, BY PLACING A STOP SIGN ON LOWES DRIVE AT SIEMERS DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-29 was approved upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-31 was given first readings as follows: AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF THE CITY CODE, BY REPEALING A LOCATION ON LOUISIANA AVENUE AND ESTABLISHING LIlVIITED PARKING ON LOUISIANA AVENUE, IN THE CITY OF CAPE GIRARDEAU. The first reading of BILL NO. 94-31 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-23 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM LIPPS TRUCKING, INC.; AND MIDAMERICA HOTELS CORPORATTON FOR A CITY OF CAPE GIRARDEAU WATER MAIN The first reading of BILL NO. 94-23 was approved upon Mr. Gateley's motion, Mr. � Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-32 was given first reading as follows: 396 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOtI February 7 19 94 SLL 13703 AN ORDINANCE APPROPRIATING FUNDS FOR ADMIIVISTRATIVE; PARKS - AND RECREATION; PUBLIC SAFETY; PUBLIC WORKS; CAPITAL IMPROVE- � MENT PROGRAM; CITY HALL PARKING LOT AND FLOOD RELATED EXPENSES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 94-32 was approved upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-33 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH J. W. STRACK CONSTRUCTION FOR A HOUSE AT 1123 JEFFERSON AVENUE The reading of BILL NO. 94-33 was approved and the resolution adopted upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-33 is RESOLLTTION NO. 894. BILL NO. 94-22 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LISTING AGREEMENT WITH ERA CAPE REALTY GIVING THAT FIRM THE EXCLUSIVE RIGHT TO SELL CITY-OWNED PROPERTY LOCATED AT 3207 BERNICE STREET The reading of BILL NO. 94-22 was approved and the resolution adopted upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-22 is RFSOLUTION NO. 895. BILL NO. 94-34 was presented as follows: � A RESOLUTION HONORING CITY EMPLOYEES FOR WORK IN ADVERSE CONDITIONS The reading of BILL NO. 94-34 was approved and the resolution adopted upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-34 is RFSOLUTION 1V0. 896. The improvements to Ferguson Drive from Big Bend Road west for a distance of 428 feet, to Quince Street from Edgewood Road east to its termination, and to Vista Lane from West Rodney Drive to Hawthorne Drive were accepted, and final payment to Apex 397 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SS1011 February 7 19 94 SLL.13703 Paving, Inc. was authorized upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The extension of the water distribution system to serve the Gwen Freitag property was accepted into the city's system upon Dr. Kasten's motion, Mr Richards' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. The improvements to the city ha11 parking lot were accepted and final payment to Apex Paving Company, Inc. was authorized upon Dr. Kasten's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. There being no further business, the Council adjourned to Execute 5ession for purposes of discussing litigation and lease issues upon Mr. Spradling's motion, Mr. Richards' ' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Francis E. Rhodes, Mayor � �; Gayle . Conrad, Deputy City Clerk 398 Proceedings of the City Council, City of Cape Girardeau, Mo. Session 1 g SLL 13703 THI5 PAGE INTENTIONALLY LEFT BLANK. 399 EXHIBIT A PUBLIC FORUM EXCURSION RIVERBOAT GAl��IING Monday, February 7, 1994 City Council Chambers NOTES OF PUBLIC FORUM Staff of the Boyd Gaming Corporation gave a presentation on their proposal for riverboat gaming in Cape Girardeau. The presentation began with a video displaying the developments of the Boyd Group, followed by discussion from the following Boyd representatives: Introductions William R. Boyd, Vice President and Director Boyd Gaming Corporation History of Boyd Gaming Corporation William S. Boyd, Chairman of the Board of Directors and Chief Executive Officer Boyd Gaming Corporation Cape Girardeau Operation Robert L. Boughner, Executive Vice President and Chief Operating Officer Boyd Gaming Corporation Market Feasibility/Economic Impact Maunty C. Collins, Senior Vice President, Director of Operations, Central Region Boyd Gaming Corporation Corporate Citizenship/Reasons to Select Boyd Charles R. Ruthe, President and Director Boyd Gaming Corporation Summary William S. Boyd, Chauman of the Board of Directors and Chief Fxecutive Officer Boyd Gaming Corporation Staff of the Lady Luck Gaming Corporation gave a presentation on their proposal for riverboat gaming in Cape Girardeau. The following representatives of Lady Luck discussed various aspects of their proposal: Introductions Richard G. Steele, Attorney at Law, Cape Girardeau Development Overview Dan Bockert, Senior Vice President Booker & Associates, Inc., architects and engineers Market Feasibility and Economic Impact Dr. Donald Phares University of Missouri - St. Louis, economist - �oo Team Introductions, Key Distinctions Alain Uboldi, President and Chief Operating Officer Lady Luck Gaming Corporation Financial Resources and Profile Michael Hlavsa, Chief Financial Officer Lady Luck Gaming Corporation � � Track Record � Peter O'Mally, Alderman � City of Natchez Commitment Andrew Tompkins, Chairman Lady Luck Gaming Corporation Following the presentations, questions and concerns were presented by the following individuals and addressed by both Boyd Gaming and Lady Luck: Melvin Kasten, city council member: Concerned with fill and "blue mud" at Lady Luck site; questioned both groups on track record for contributions in cities they are presently in. Melvin Gateley, city council member: Concerned with Missouri Dry Docks and railroad crossing near Lady Luck site, and with historical value of the St. Vincent's seminary. Mary Wulfers, city council member: Concerned with how Lady Luck site will be maintained in the event of a flood. A1 Spradling, city council member: Questioned when Lady Luck would have a boat ready for Cape Girardeau. Don Crowder, President of American River Pilots Safety Association: Concerned with location of boats on the river. Chuck McGinty, downtown merchant: Questioned Lady Luck on their proposed open-air market downtown. Don Greenwood, downtown resident: Questioned what property Lady Luck has an option on in Cape Girardeau Annette Sherrill, Century 21 Realty: Questioned Lady Luck on how high the river overlook would be. Joe Sampson, resident of Ward 2: Questioned both companies on how they plan to handle traffic and handle crime issues. Tom Mogelnicki, resident: Questioned both companies on the size of their boats in Cape Girardeau. ` Tom Neumeyer, downtown resident: ` Questioned both companies on the amount of input they are receiving from the citizens of � Cape Girardeau. Larry Eiler, resident: Questioned Lady Luck on the amount of fill that will be required for their proposed site. Lauchette Low, downtown property owner: Concerned with the distance of the Lady Luck facility from the downtown area. 401 Joe I.ow, downtown property owner: Concerned with how well Lady Luck will work with the downtown area. David Knight, downtown merchant: Questioned if this Lady Luck development was being proposed or backed by Lady Luck Las Vegas. It was the consensus of the City Council to hold a special "work" session on Monday, February 14 at 5:00 p.m. to discuss separately with each company the specifics of their proposals. Notes taken and transcribed by Gayle L. Conrad Deputy City Clerk Exhibit B ` 403 PRIVATE TRA5H COLLECTION BIDS ; TRASH A1VD SEWER BILLII�G At the January 3rd City Council meeting the council members voted 7-0 in favor of Councilman i�elvin Gateley' s motion for the city to prepare proposal documents for private trash haulers. It was stipulated in the course of the discussion that this F.F. P, should include exactly the same package of services cur- rently being offered by our Sanitation Department. These private trash haulers should be encouraged, however, to also submit bids for alternative combinations of service. After all, are we not looking for the best service at the best price? People on a fixed or restricted income would prefer to save a few dollars by opting for an economy trash collection package : fewer fixed services at a lower price. Hopefully, two or more private trash collection companies will service Cape Girardeau ; and healthy competition will force them to offer quality service at a reasonable price. Like Councilman ?�ichards , I have spoken to either the Sanitation Department or private trash hauler in several cities in Southeast Nissouri and out of state. I � too , have found that no other municipality or private trash company offers as many services under the headin� of "trash collection fees" as does Cape Girardeau. �epeatedly, Councilman Gately, Councilman P,ichards , and I have offered suggestions for makin� some of these services optional or, in the case of recycleable collec- � 1) Exhibit B 404 tions , less frequent. Are our suggestions being taken seriously? Also , are you taking the steps necessary to correct the discr2pancy between our city code for assessing late fees on � �the payment of trash bills and the manner in which they are � assessed on the monthly bill? (See attached� copy of Cape � Girardeau Code , Section 22-48b. ) A letter was rec.eived in January by approximately 4, lOC billing customers in Cape informing them that "due to a com- puter problem your sewer rate was not updated in August 1992• . . . To correct this error� starting with the enclosed bill- ing and continuing throu�h December 1994, there will be an additional credit or charge listed on your monthly bill as PYS (prior year service) . " After the citizens of Cape Girardeau voted to buy the water service from Union Electric , the necessary computerized billing changes were made by Governmentor Systems. �'inance Director John Richbourg told me that he isn't certain if the City of Cape contracted with Governmentor Systems to provide this service or if it was done with purchase orders. ��owever, one thino is certain: the under-billing was the result of a computer pro�ramming error made by Governmentor Systems. Consequently, reimbursement for the �85,000-$100 ,000 sewer shortfall should be made by Governmentor Systems , not by the affected customers. After all, every reputable company stands 4 � � behind their work. � Respectfully submitted , Brenda Dohogne �2) � �� �,-£-..,_s c P, s r s . � . �{,� _ m, Z " i�z �'{n��dQ� 'yx'��4��. -�..`�N" 1 �� ��' 3 �-, - ��4L11a.����� � J c S � C L Y t+ , r � .� r J. .'L t ;. �'-S ,. , : ''` �,2.c•� t�.�y �N r r �'� s �- .�� r :. � .��fL�j .�. , � v ,�.,.`t y �f �. g y . �° y� !� �..�'�t+llkr N . t�d",�,a�.�y,��_�# -,� YT"�. ?� ,4 �""� �S : r . .,+.��x�, ' '� �t � � �m�.. s ���qt3 ,.3� ' ^,pf,x �:s °+�"�`t� :3"� t `."t j�`.a �.. i � ��,„,t y�a.r. �.,x r�� ..n.�� �� £r ��`'�u i� �a� rRy�'.. a ' � �Fa, �°p1% �3+4� a s �n. ,+ nk' � . � '� � � �k�r. �a?i � s S � � �'yA a� �" r� "'� ,,_�'- -P�._ r E1 �r .� �!�' . ''� �, ����a.�y - +,�, .:c bytr' � j a .�pr^� �3ar , �'�n. . ,� -'� �r: '3+ �,�q -� . CAPE G�ABDEAxJ CODE �` ' �� � �, }' 4 ���"�{ * ` <.' rt,�22.,�5��'��� �,�� � � � �� � p ;� .� �.` ' � � � � p v1�M9 }4 . �F 1 F ,? � �"; ''c�`9�. a'. -"°'�.,,, cT � �'�.H�..�. r.- r e � � �.: { �H $ . �� , ,s ��'e�e�i� �. 7 c . _ t"u. q � RI., ,,. . 1�, T�'"}',�'.i1�' ..,,� 'r< H^4 .< t -. � S� z1'-.; � _: t�'.E _ : ��k 7`K 7�k°� ' ."a�' . �� � �.� +s'• ��. . �.,.r 'kst�" *e ,s ���a�+46�t ,�Y ' ; -�+ ,.:' '^�',,�c: K u e;^' .,� ` `"; ^a u . A 4"r" a.�'�-a rto� m .t > ,. ��+.,���' ,�� '1����r,n�r : �:'. �a7,,,�.K�r � � . . t?., �'4,y�' ��(� �Schedules of and routes fcr oollection ofso�d�,� (5) Engage m ���r °-�� { �the business of . ,i ��� ,g?�'�.�R�`**'+c�. �.i�i' Y :''�a^�"� 4 ...:+5"'v�p���',�s��� �'�� i. :'• ��j�� �—��:��L���j� � ���".�`,,�����y�_�b�{�"n��'�.�5"�i�'+�-p � waste: � �r � .. �+e � .+ :� . ; +cG i�� a 5;.� k-�yx�3 f r� �,ryao��Q wiWiYi 6{le��i�YG Y{{Y.W{7L MYV Q r�``'� ,($);:�i'011�lOA pOlI1t8 Of 50�1(�WSS�tC0IItS3IIP.I'8 ;:Wl�lOtlt 8�rIDlt�I'Om,�1@ Ct�►;��Oj�B� > tsi �couect�on ana aisposal of sol�a�aste.`s�t�`�F �' ;�naer any ez�irea p�m�t,or opera�e"af�er � � ecti � �,� .�,�� N , , f �: 's�°�'�. , �. � �' '4 g peraiit jis.q been gugpended pr rgvp]�gd, r a�� � A(10)"�P'rooessing facil�ties and fees for the use 4 Code 196? $ 13-31) : �'��f��_ '`�° � � acili .. '� Y thereof �� -� � � � ( �. Y—}�.;..;; �«". � ;� �z;+ ,���., ��s���' y ��` „n,'Y"�¢'td��� �''���iAa[a��+y�w+�� ����� � � . a's (11) Disposal facilities and fees for the use f ls2oo5. z����""�x�,�=��; � �,.� `��'��'����; �� � .�� ` thereof. , � '�"" , � `�.3 � a � r ' , ` . `� � . Sec. 22-47. Solid waste collec�om�fees:x"� �w,+�' .i Ypyi,Y . . . .. . � � .. . . . Om '. F� €',�(12) Records of quantity and type of wsstes re- , „ ,`, �_ � ���' � �� ;,, �' C@1V�St pI'OCC.R61Ilg SIICVOr dl8j)0881 f8Ct�1 � �8� �8L�C�IQ� CllSt07Yt8T3.�,'� mOII�►::8011d rr c ,��, � � ���l�z� �, , �. ° , waste collection fee for residentisl customers shsll������ a,y ;��, 3��;ties � � . �, # ,:; :m' ��:; be eight dollars and;Yunety.w:cents�{$8 90) per � ; � ; �, ' 18),�Handlin8e of�.special wastes usuch as tomc�����:dwelling nnit.Resiaential back aoo�F�erv�ce may��.�� `�, ;.�� � t���'WSSLCS,'.BIIIf�$�5,,SSIl@S,".8$!1C't11t11T@s COII '�bp�+pVl�OII BOOAtl8Ct b8818 Stl�:t�tO�P.@S��� � ��CYIY�v..f�-�...`...�7 ..vj+wowa�6 = •'��> a �,�k.7 � 1�CID8, f.1P@8, SlltOmObl�'��'�'„OII�18 8L�1t10II81 COBtS 8880C18�°�Vl�l „� �'�+1�y�4S+gtA.2� ��� �Cd4t ''�����-�b'„„'„�'f e�. . - t �`" '�8LL4LL�ce. . ��� ...i ��k��F�'�, f.. ; �.:' �:. .-, �.. . ._� .. Y- .- h��.(b) The city.collector is hereby.anthorized to„� :tb) Conrana+cicl�customers.�� "'"� �;sohd�N�, 2 '�" �,. �G:: � � �,�E � make and promulgate reasonsble aad ne�saty�}�,� �waste oollection fee for : s�`� me�s8re�; �;�{; iules:and regulatioas for the billing sad ool1ec- : xtfl be' between the. ' �"� �- . tion of solid waste collection and/or ser , . � ��' - �'S : �� ��,� �. . �P°� tomer;based on the size ofthe° `t�iur �he%: �� ;. � s ce Pcharges,ss hereinafter provided for '� '��' . �'� y`:'�' -�'.: '``' �amount'of usage'and the relab��' ees; '': ��� :(Code 1967, $,13-30) E "`' ,� �';�`" r �, � - g` r �`�"�``3 ',�`and tippmg fees ����"` ����' � ,��� x} f„� � .� ^ ::� ' '�, : . �. �.: ��-. � . � � - 'c .��'",���s �i Y�� ; :4..,p w +.�.� T :. d��'� � �.. �. �-a..,` -�'� �lSec. 22-46.�Prohibited practic:es. j�`�.f ���. � :'(c��Paymen�The fees^ ' ' ucni �' �� Tt .y! { . � J. . t �'. ki :{j3 f-; y . , . .. ,, � �. y �� '� It shall be unlawful for any person to `�```'�`��'� (� above,shall be Pa3'able mon �"�'`,-�:~.�r:� ��"� �: ��� �-� :; . :�. � ` . `��F� .`��The'fees established in snbsectida��b�; �ie �= s �-��� ��' (1) f'Deposit solid�waste in any solid�waste coa-4��';'�able�ss provided�in the�ooatra�t-�"�,��� � ��th�' ��"�� ��., � tainer other than his own, without the �"�`��each customer � �� ��'� '� ::��� ` = x � �. � �� � ��� �? �2-1�; ��•� .� ��ff. _#� �� 4 ::wntten consent of the owner of snch oon <;�� ,. �}t� . , ��(Ord: No 668, � , 5-89, a ?4, , Q ,�'��' � ,�� � � tainer and/or with the iateat of_avoidiag #` ; �44 '� 6-18-90) r a, � � ����,. �� � ��, �f.�a+�a+ � ��'� � 'c�F� # ''d � F� �. ..P h t .,� , �*�`��.�,.¢�,�f payment of the service charg�e hereinafter ���- ' �� _ ,��� er n � ��� `�, #. `� ' � , provided for solid waste collec�on and dis-%�� ` �� " �' ��` r ,.;^ , ,* `� �, x� ; { 0 3ec. Z2-48. Billing; psyment;',delinqnency�; ' � �`„r` � �' .�, m�:: ^��.��i-�a�� �r y� J,��s ,�-� .a�r+•._�. +�. �s„rx� . r� � � � '�� {,.�, �{� . �.� .� �A.� S � t:.� r� . , ' . . . . . . � : -pw,Y��'�E'c� 4. �"M'"'� i'��Y� x'. �y;� rS'�T :P x ,`"`` �"' (2) :Interfere in any manner with solid waste k£���k� The city finance directo�,��such 7�� . �7' �(aJ, t t�;.�, � ���. � ��,� ;collection equipment, or with solLd.waste ��, �. ,� g����`�� ;� � ` �� �� fic�r�or repr�sentative�of the:cttyaas�aayy� :� � Et`� '" ` �����collectors in the lawful performance of thetr�-��- � � " �� > � , �� �• , ���fi� �gnated from time to time,shall be respo � foi y i �,��,�'-�,�';� duties as such,whether such equipment or�.�: � � �"`° y v, calculating the amount of arid'rendering b�ls for, .� �� :� � collectors shall be those of the city,or those �� er n �` the fees establ�shed m thss article '���� � �` � �`��rY' : Y >� , of a solid waste collection sgency operatingr� ;_ ,,::- ,�,.- -,. ,: r .���� ,,� :, . ,_ � � under contract with the city ; '��`a ,a 4 , '. (b):All bills issued under�t,�us�"article sball be��;A �� , . . (3) Burn solid waste unless an approved incin � �due and payable wittiin ten(10) days of mailing�� thereof; "those aocounts not�paid.in acxoi�ilance�;� erator is provided or unless a variance has - 'therewith shall be deemed delinquent�"All ac-�� � :, � . been obtained from the appropriate air pol- ' lution control agency. : counts which have been delinquent for twenty-one'; - (21) days or longer shall be charged a�ten (10)�, � (4) Dispose of solid waste at any facility or lo-� percent penalty. The date of penalty and the.,:�` ' cation which is not approved by the city ;' amount theTeof shall be ahovva on the fa�ce of the-� ' and the state department of health. bill. Supp.No. i 1388 _ Exhibit B 406 � , ' � u ��`t„... �.-*'fr .J �X Ey4"sH'.n�'. �' r ��-+;{p►Y"' s_a t .: ,_ . ._ y '��V R�-� �jlia������ r. .t . � � ' �__�,�:���#�;�����. r�� ` _ ri ' � . i � y _.�._ .. . ' �_. �a^It� ''s� a�oi G�was' �' �,� .. '-,�s .. �,.y 2+.y: ar� :.� �:"y_' .. . , T� � • Cs-i a�Oa�%'!'�f'i����Vi��a��/a a� 5 �'�• �.. ' L �i6t . .., ' � �.,.ti-. .a `�.F t++ti"^`�'" Ci�TY MAL� .a., z , . ,.w�-. .. - , � FINANCE DIiiECTOR P.O.BOX 617 CAPE GIRARDEAU.WO 63702-061� January 1994 Dear Customer: Due to a computer problem your sewer rate was not updated in August 1992. The sewer rate you paid from August 1992 thru July 1993 was the same rate as the • previous year. To correct this error, starting with the enclosed billing and continuinc� thru December 1994, there will be an additional credit or charge listed on your monthly bill as PYS (prior year sewer) . It has been calculated based on the difference between what your monthly sewer rate should have been and what we actually billed you during August 1992 thru July 1993 . � If you have any further questions please call the Customer Service Representative office at 334-1332. City of Cape Girardeau Finance Department "HOME OF MISSOURI STATE FLAG"