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 ,
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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.
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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.
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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.
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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:
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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
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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.
�
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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:
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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:
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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
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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
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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)
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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��� �
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; �.:' �:. .-, �.. . ._� .. 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
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. .., ' � �.,.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
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