HomeMy WebLinkAboutCouncil.Minutes.02-23-1994.Regular 421
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOn February 23 19 94
SIL.13703
REGULAR SESSION - FEBRUARY 23, 1994
Council convened in regular session on Wednesday, February 23, 1994, at 7:30 p.m.
with Mayor Francis E. Rhodes presiding and Council Members Melvin Gateley, Melvin
Kasten, David Limbaugh, A1 Spradling III, and Mary Wulfers present. Council Member
Doug Richards was absent.
The invocation was presented by Captain Elmer Trapp of the Salvation Army, and the
Pledge of Allegiance was recited.
Prior to the regular session, council convened in executive session for the purpose of
discussing real estate acquisition and confidential correspondence upon Mr. Gateley's
motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh,
Rhodes, Spradling, Wulfers. Nays, none.
The minutes from the February 7, 1994, Regular and Executive Sessions, and the
February 14, 1994, Special Session, were approved upon Mr. Spradling's motion, Mr.
Limbaugh's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
The agenda was adopted as distributed to the Council upon Dr. Kasten's motion, Mr.
Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
� Richards, Spradling, Wulfers. Nays, none.
Mr. Spradling made a motion, seconded by Dr. Kasten, that the second and third
readings of Bill No. 94-19, an Ordinance granting a special use permit to Vernon E.
Rhodes and Carole S. Rhodes, for purposes of constructing, maintaining and operating
a public go-cart amusement facility at 1724 North Kingshighway, in the city and county
of Cape Girardeau, Missouri, be tabled to the March 7 City Council meeting, and that
a sound test be conducted at the site prior to the next council meeting.
Mr. August Ritter appeared and questioned how many go-carts would be at the test run.
Mr. Pat O'Loughlin appeared stating that this facility is an amusement park, and under
the city Code of Ordinances, an amusement park is not allowed within 300 feet of a
residential district.
Mr. Wally AlLstun appeared and expressed his concerns regarding the noise from the
facility.
�'�'. John Foley appeared and expressed his concerns regarding the noise from the
facility during the evening hours and on weekends.
After discussion, Mr. Spradling's motion was approved upon the following vote: Ayes,
Gateley, Kasten, Limbaugh (abstain), Rhodes, Spradling, Wulfers. Nays, none.
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Ms. Micki Gudermuth, Executive Director for SEMO Alliance for the Disabled, 920
North Kingshighway, appeared before the council regarding the establishment of
minimum property standards in the city. After the new council is elected in April, she
will request that a committee be formed to hear public comments and complaints on this
issue.
Ms. Alice Kerber, Independent Living Specialist for SEMO Alliance for the Disabled,
appeared before the council regarding handicapped accessibility on the riverboats. She
stated that SEMO Alliance should be involved in the planning stages of a riverboat in
Cape Girardeau so that the needs of all the handicapped will be addressed.
Ms. Debra Willis, Community Action Chairperson for the NAACP, appeared before the
Council and questioned what the status was of the establishment of minunum property
standards in the city. Mr. J. Ronald Fischer, City Manager, responded that the Council
has met with the Board of Appeals regarding the issue, and Mr. Warren Wells, City
Attorney, has prepared a memorandum for the council explaining conflicting areas
between the present Code of Ordinances and the proposed minimum property standards.
It is now up to the Council to proceed with any action.
Mr. Melvin Gateley invited all council members to attend Youth in Government day on
Friday, February 25, at 8:00 a.m. in the City Council chambers.
Mayor Rhodes distributed a copy of The Jackson Sun, a newspaper from Jackson,
Tennessee, which had a lengthy article on Cape Girardeau and its history. After
discussion on the article, Mr. Gateley made a motion, seconded by Mr. Limbaugh,
directing the city staff to send a letter to the newspaper thanking them for the nice
article. The motion was approved on the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes, Spradling, Wulfers. Nays, none.
Mr. Fischer explained to the Council that city staff is trying to put together a retreat for
the City Council sometime in May, which will be after three new council members are
elected. At the retreat, each department director will present to the council information
concerning their department. Available dates will be presented at the March 7 council
meeting for discussion.
The following bills were given second and third readings:
BILL NO. 94-26 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 BILIS IN AN AMOUNT NOT TO EXCEED $17.00 PER
FRONT FOOT IN PAYMENT OF THE COST OF SAME ON
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QUINCE STREET FROM EDGEWOOD ROAD EAST TO ITS
TERMINATION A DISTANCE OF 480 FEET; WITH THE
BALANCE TO BE PAID FROM GENERAL REVENUE
FUNDS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 94-27 AN ORDINANCE REAFFIRMING 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 FLTNDS, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 94-28 AN ORDINANCE REAFFIRMING 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 5AME 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
BILL NO. 94-24 AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM
THE MISSOURI HIGHWAY AND TRANSPORTATION
COMIVIISSION FOR THE LEXINGTON AVENUE/HIGHWAY
61 INTERSECTION PROJECT
BILL NO. 94-25 AN ORDINANCE AUTHORIZING THE MAYOR TO
EXECUTE A SPECIAL WA►IZRANTY DEED TO THE
MISSOURI HIGHWAY AND TRANSPORTATION
CONIMISSION FOR THE LEXINGTON AVENUE/HIGHWAY
61 INTERSECTION PROJECT
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BILL NO. 94-30 AN ORDINANCE AMENDING SCHEDIJLE 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
BILL NO. 94-29 AN ORDINANCE AMENDING SCHEDULE C OF SECTTON
26-121 OF THE CITY CODE, BY PLACING A STOP SIGN ON
LOWES DRIVE AT SIEMERS DRIVE, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 94-31 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.
BILL NO. 94-17 AN ORDINANCE AMENDING CFiAPT'ER 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
BILL NO. 94-18 AN ORDINANCE GRANTTNG A SPECIAL USE PERNIIT TO
JEFF 7ACKSON AND PAULA JACKSON AND BILL BOWEN
AND BRENDA BOWEN, FOR PURPOSES OF MAINTAIIVING
AND OPERATING A GARAGE FOR COMMERCIAL
STORAGE AT 2710 HAWTHORNE, IN TAE CITY AND
COUNTY OF CAPE GIRARDEAU
BILL NO. 94-20 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
G. KEITH DEIMiJND TRUST, FOR PURPOSES OF
CONSTRUCTING, MAINTAIIVING, AND OPERATING
CONDOMIIVIUMS ON BEAVERCREEK DRIVE, IN THE CITY �
AND COUNTY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 94-23 AN ORDINANCE ACCEPTTNG PERMANENT EASEMENTS
AND TEMPORARY CONSTRUCTION EASEMENTS FROM
LIPPS TRUCKING, INC.; AND MIDAMERICA HOTELS
CORPORATION FOR A CITY OF CAPE GIRARDEAU WATER
MAIN
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BILL NO. 94-32 AN ORDINANCE APPROPRIATING FLTNDS FOR ADMIIVI-
STRATIVE; 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 second and third readings of BILL NOS. 94-26, 94-27, 94-28, 94-24, 94-25, 94-30,
94-29, 94-31, 94-17, 94-18, 94-20, 94-23 and 94-32 were approved and the ordinances
adopted upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote:
Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO.
94-26 is ORDINANCE NO. 1485. BILL NO. 94-27 is ORDINANCE NO. 1486. BILL
NO. 94-28 is ORDINANCE NO. 1487. BILL NO. 94-24 is ORDINANCE NO. 1488.
BILL NO. 94-25 is ORDINANCE NO. 1489. BILL NO. 94-30 is ORDINANCE NO.
1490. BILL NO. 94-29 is ORDINANCE NO. 1491. BILL NO. 94-31 is ORDINANCE
NO. 1492. BILL NO. 94-17 is ORDINANCE NO. 1493. BILL NO. 94-18 is
ORDINANCE NO. 1494. BILL NO. 94-20 is ORDINANCE NO. 1495. BILL NO. 94-
23 is ORDINANCE NO. 1496. BILL NO. 94-32 is ORDINANCE NO. 1497.
BILL NO. 94-36 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM
DEED TO THE MISSOURI HIGHWAY AND TRANSPORTATION COr�IMISSION
FOR THE LEXINGTON AVENUE/HIGHWAY 61 INTERSECTION PROJECT
The first reading of BILL NO. 94-36 was approved upon Dr. Kasten's motion, Mr.
Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none.
BILL NO. 94-37 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF LAF�
SUBDIVISION
The first reading of BILL NO. 94-37 was approved upon Mr. Spradling's motion, Mr.
Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none.
BILL NO. 94-39 was presented as follows:
A RESOLUTION DECLARING THE INTENT OF THE CITY OF CAPE
GIRARDEAU, MISSOURI TO REIlVIBURSE ITSELF FROM BOND PROCEEDS FOR
CERTAIN CAPITAL EXPENDITURES
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The reading of BILL NO. 94-39 was approved and the resolution adopted upon Dr.
Kasten's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley,
Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 94-39 is
RFSOLUTTON NO. 897.
BILL NO. 94-40 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR PROFESSIONAL SERVICES WITH SVERDRUP CIVIL, INC.
FOR TWIN LAKES WASTEWATER COLLECTION SYSTEM IMPROVEMENTS
The reading of BILL NO. 94-40 was approved and the resolution adopted upon Mr.
Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley,
Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 94-40 is
RESOLUTION NO. 898.
BILL NO. 94-42 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 2 TO AN AGREEMENT WITH SVERDRUP CORPORATION
FOR LIME TREATMENT AND SLUDGE STORAGE AT THE CITY'S
WASTEWATER TREATMENT PLANT
The reading of BILL NO. 94-42 was approved and the resolution adopted upon Mr.
Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 94-42 is
RFSOLUTION NO. 899.
BILL NO. 94-38 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH KCO CONSTRUCTION CO., INC. FOR THE WEST SIDE
RRi TEF SEWER AND MODIFICATION OF EXISTTNG SEWERS CROSSING
PROPOSED MISSOURI HIGFiWAY 74
The reading of BILL NO. 94-38 was approved and the resolution adopted upon Dr.
Kasten's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley,
Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 94-38 is
RFSOLUTION NO. 900.
BILL NO. 94-41 was presented as follows:
A RESOLUTTON AUTHORIZING THE CITY MANAGER TO SIGN AN EASEMENT
WITH LTNION ELECTRIC FOR AN ELECTRIC POWER LINE
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The reading of BILL NO. 94-41 was approved and the resolution adopted upon Mr.
Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley,
Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 94-41 is
RFSOLUTTON NO. 901.
BILL NO. 94-43 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH BLOOMSDALE EXCAVATION CO., INC. FOR
REPLACEMENT OF THE BRINK STREET SEWER
The reading of BILL NO. 94-43 was approved and the resolution adopted upon Mr.
Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 94-43 is
RESOLUTION NO. 902.
Mr. Jerry Schwab was reappointed to the Board of Appeals for a term expiring March
6, 1999, upon Mayor Rhodes' motion, Mr. Limbaugh's second, and the following vote:
Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none.
The extension of the water distribution system to serve the Lutheran Home on Bloomfield
Road was accepted into the city's system upon Mr. Gateley's motion, Dr. Kasten's
second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, 5pradling,
Wulfers. Nays, none.
BILL NO. 94-44 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ESCROW AGREEMENT AND IRREVOCABLE LETTER OF CREDIT WITFi
RANDOL FARMS DEVELOPMENT, INC., AND BOATMENS BANK OF CAPE
GIRARDEAU FOR WOODLAND PLACE NO. 7 SUBDIVISION.
The reading of BILL NO. 94-44 was approved and the resolution adopted upon Mr.
Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten,
Rhodes, Wulfers. Nays, none. Spradling and Limbaugh abstained for fmancial reasons.
A retail liquor by the drink, Sunday sales liquor license for ST Swan of Missouri, Inc.,
d/b/a Pappa Bear's Daiquiris, 2 North Main Street, John D. Mumford, Managing Office,
was conditionally approved upon Mr. Limbaugh's motion, Mr. Spradling's second, and
the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers.
Nays, none.
Mr. Gateley made a motion, seconded by Ms. Wulfers, to table the discussion regarding
public housing. The motion was approved upon the following vote: Ayes, Gateley,
Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none.
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There being no further business, the Council adjourned upon Dr. Kasten's motion, Mr.
Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richards, Spradling, Wulfers. Nays, none.
Francis E. Rhodes, Mayor
Gayle L. Conrad, Deputy City Clerk