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HomeMy WebLinkAboutCouncil.Minutes.03-07-1994.Regular 433 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SS1011 March 7 i 9 94 SLL 13�03 REGULAR SESSION - MARCH 7, 1994 Council convened in regular session on Monday, March 7, 1994, at 7:30 p.m. with Mayor Francis E. Rhodes presiding and Council Members Melvin Gateley, Melvin - Kasten, Doug Richards, A1 Spradling III, and Mary Wulfers present. Council Member David Limbaugh was absent. The invocation was presented by Rev. William Burke, Pastor of the First Church of the Nazarene, and the Pledge of Allegiance was recited. Prior to the regular session, council convened in executive session for the purpose of discussing �eal estate issues upon Ms. Wulfers' motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, 5pradling, Wulfers. Nays, none. The minutes from the February 23, 1994, Regular and Executive Sessions, and the March 1, 1994, Special Session, were approved upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. Mr. Spradling made a motion, seconded by Ms. Wulfers, that excursion riverboat gambling be discussed before the public hearings, and that the agenda be adopted with this change. The motion was approved upon the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. The following individuals appeared regarding excursion riverboat gambling in the city: Mr. Charles 5tiver expressed concerns on the increased traffic on city streets generated by the riverboat developments. Mr. Michael Sterling, President of the NAACP, stated that the NAACP supports the proposal submitted by Lady Luck because it best meets the needs of the citizens. Ms. Karen Blumenberg presented a list of names of individuals who are in support of the Lady Luck proposal. Mr. Howard Toke questioned whether a private firm would be willing to develop the area proposed by Lady Luck if they are not selected as the riverboat company for the city. Mr. Thomas L. Meyer appeared in support of the Lady Luck proposal. Mr. Al Blumenberg, a riverboat pilot, stated that it would be dangerous to place a boat anywhere on the river north of the existing Mississippi River bridge. 434 � Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI March 7 19 94 LL.13703 Mr. William Bush, a former Corps of Engineers employee, stated that the only safe place to put a boat on the river would be at the southern-most point proposed by Lady Luck. Mr. Dan Dumey, a general contractor, appeared in support of the Lady Luck proposal, stating that there is presently enough dirt available to complete the project as presented. Mr. Dick Steele, local attorney for Lady Luck, appeared and stated that if Lady Luck is not selected, this area will never be developed. If the council action results in a tie vote, Lady Luck will honor its commitment to the city and develop all aspects of the project as proposed. Mr. Claude Prader, a riverboat engineer, expressed concerns regarding safety of boats on the river. Mr. Maunty Collins, Vice President for Boyd Gaming, thanked the council for their work and consideration of both proposals for riverboat gaming. Ms. Angela Blumenberg appeared and expressed concerns that if Lady Luck is not selected, the south Cape area will be forgotten and never cleaned up. Ms. Wulfers questioned Boyd if they had an alternate site for docking of a riverboat if the Corps of Engineers did not approve their proposed site. Mr. Collins responded that Boyd has been informed from the Corps that their project as proposed is "do-able," however, they could move the boat north approxirriately 100 to 200 feet if necessary. Each council member made a statement as to which gaming company they were going to vote for and the reasons for their decision. After all comments were made, Dr. Kasten called for the reading of BILL NO. 94-49. BILL NO. 94-49 was given first reading as follows: A RESOLUTION TO DESIGNATE BOYD MISSOURI, INC. AS THE DEVELOPER TO DEVELOP EXCURSION RIVERBOAT GAMBLING AND CERTAIN RELATED FACILITIES IN THE CITY; EXPRESSING THE CONDITIONAL SUPPORT OF THE CITY OF THE DEVELOPER'S LAND-BASED ECONOMIC DEVELOPMENT PLAN FOR THE CITY; AND AUTHORIZING THE EXECUTION BY THE CITY OF A MEMORANDUM OF UNDERSTANDING WITH THE DEVELOPER. The reading of BILL NO. 94-49 was approved and the resolution adopted upon the following roll call vote: Gateley, aye; Kasten, aye; Rhodes, nay; Richards, aye; Spradling, aye; Wulfers, aye. BILL NO. 94-49 is RESOLUTION NO. 904. Mr. Curt Smith and Mr. Harold Tilley presented the Vision 2000 annual report for 1993 and their goals for the future. 435 Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular S@SSIOtI March 7 i 9 94 SLL.13703 This being the date set for a public hearing regarding the request of David and Cindy Patrick to rezone 1809 North Kingshighway from C-4, planned commercial district, to G2, general commercial district, and R-1, single family district, the hearing was opened. Mr. David Patrick appeared in support of this request. There being no further appearances, the hearing was closed. This being the date set for a public hearing regarding the proposed Capital Improvements Program for 1994-1999 for the City of Cape Girardeau, the hearing was opened. There being no appearances, the hearing was closed. The following people appeared before the Council regarding BILL NO. 94-19, an Ordinance granting a special use permit to Vernon E. and Carole S. Rhodes for a public go-cart amusement facility at 1724 North Kingshighway: n'li'. James McHaney, attorney-at-law, stated that a sound test was conducted at the proposed site, and he explained the results of the test. Dr. Richard Cannon, a physicist at Southeast Missouri State University, conducted the testing, and further explained to the Council the results of the testing. Mr. August Ritter stated that when the go-carts are actually in use and have a load on them, they will run louder than they did at the test run. Mr. Dan Penrod of LaCroix United Methodist Church appeared in opposition to the go- cart track at the proposed location. Mr. Jerry Nicholson, 3010 Melrose, stated that since the proposed site for the go-carts is in a low-lying area, the sound will carry better than on flat ground. Ms. Mary Kullberg expressed concerns with the quality of life in Cape Girardeau if the go-cart track is allowed to be put in the city. Mr. Russell Kullberg expressed concerns with the noise that would be produced from the go-carts. Mr. Pat O'Loughlin, appeared and stated he was not opposed to the track but to the location of the track. He stated it was his opinion that this is an amusement facility, and under the city Code of Ordinances, an amusement facility is not allowed within 300 feet of a residential district. �'�'. John Foley appeared in opposition to the go-cart track, stating that the facility would not be an orderly development for the area. Rev. Dave Grissom of the First General Baptist Church appeared in opposition to the location of the go-cart track. 436 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSlOt1 March 7 19 94 LL.13703 Mr. Hal Green of Cape Bible Chapel appeared in opposition to the go-cart track. Ms. Charlene Caldwell expressed concerns with the traffic at the intersection of Kingshighway and Le�ngton and how the traffic will increase if the go-cart track is constructed. Mr. David Gerlach, developer of Randol Fanns and Woodland Place Subdivisions, appeared in opposition to the go-cart track. Mr. Kevin Harris, 2508 Horseshoe Ridge, appeared in opposition to the go-cart track. There being on further appearances on the issue, BILL NO. 94-19 was given second and third readings as follows: AN ORDINANCE GRANTTNG A SPECIAL USE PERMIT TO VERNON E. RHODES AND CAROLE S. RHODES, FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING A PUBLIC GO-CART AMUSEMENT FACILITY AT 1724 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NO. 94-19 were not approved for lack of a motion. The following bills were given second and third readings: BILL NO. 94-36 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO THE MISSOURI HIGHWAY AND TRANSPORTATION CONIlVIISSION FOR THE LEXINGTON AVENUE/HIGHWAY 61 INTERSECTION PROJECT BILL NO. 94-37 AN ORDINANCE APPROVING THE RECORD PLAT OF LAFENTRFS SUBDIVISION The second and third readings of BILL NOS. 94-36 and 94-37 were approved and the ordinances adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-36 is ORDINANCE NO. 1498. BILL NO. 94-37 is ORDINANCE NO. 1499. BILL NO, 94-45 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF i THE CITY OF CAPE GIRARDEAU, MISSOURI BY CHANGING THE ZOrTING OF 1809 NORTH KINGSHIGHWAY, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM C-4 TO C-2 AND R-1 437 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOII March 7 19 94 SLL.13703 The first reading of BILL NO. 94-45 was approved upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-46 was given first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FROM LEON F.BRINKOPF, ATTORNEY IN FACT; AND ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM LOTTIE FOX, WILLIAM WAYNE FOX AND RUTH FOX, AND BOBBY JOE FOX AND DONNA FOX; DOROTHY C. HARDY; AND KENNETH O. WINDISCH, TRUSTEE, AND JANE E. WINDISCH, TRUSTEE, FOR THE BRINK STREET 5EWER REPLACEMENT PROJECT The first reading of BILL NO. 94-46 was approved upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-47 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL TAX BILL FOR THE DEMOLITION OF A DANGEROUS BUILDING UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU The first reading of BILL NO. 94-47 was approved upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-53 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE DETENTION RESERVOIR PHASE OF THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The first reading of BILL NO. 94-53 was approved upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-48 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION ESTABLISHING AN ESCROW ACCOUNT 438 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular _ $@SSIOtI March 7 19 94 LL.13703 The reading of BILL NO. 94-48 was approved and the resolution adopted upon Dr. Kasten's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, 5pradling, Wulfers. Nays, none. BILL NO. 94-48 is RFSOLUTION NO. 905. BILL NO. 94-51 was presented as follows: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A JOINT RESOLUTION WITH THE CITY OF JACKSON, MISSOURI, TO PETITION THE MISSOURI STATE HIGHWAY AND TRANSPORTATTON DEPARTMENT FOR A NEW INTERCHANGE ON INTERSTATE 55 The reading of BILL NO. 94-51 was approved and the resolution adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-51 is RESOLUTION NO. 906. BILL NO. 94-52 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RAT"EASE OF LIEN FOR THE COMMITNITY BLOCK GRANT PROGRAM The reading of BILL NO. 94-52 was approved and the resolution adopted upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-52 is RFSOLU'TION NO. 907. The improvement plans for the extension of sanitary sewers for the Six-Thirty Corporation to serve several lots which front Missouri Route 74 were approved upon Dr. Kasten's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. The water main extension to serve Mount Auburn Sth and 6th Subdivisions was accepted into the city's system upon Dr. Kasten's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. The water main extension to serve the Paul Brown residence on Jasmine Lane was accepted into the city's system upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 94-54 was given first reading as follows: 439 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOt1 March 7 19 94 SIL.13703 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO MICHAEL A. MATHES TO CLEAR TITLE TO LOTS IN A RESUBDIVISION OF CHALET TRACE SUBDIVISION The first reading of BILL NO 94-54 was approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. A retail liquor by the drink license for Lisa Jean Johnson, 903 Broadway, Lisa Jean Johnson, Managing Office, was not approved for lack of a motion. There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. � l ,� -- ����l��f��-�. ��� �d Francis E. Rhodes, Mayor ,� �� - � C�_ �� �GaylerL. Conrad, Deputy City Clerk 440 Proceedings of the City Council, City of Cape Girardeau, Mo. Session 19 13703 THIS PAGE INTENTIONALLY LEFT BLANK �