HomeMy WebLinkAboutCouncil.Minutes.03-01-1993.Regular 49
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI March 1 19 �3—
SLL.13703
REGULAR SESSION - MARCH 1, 1993
Council convened in regular session on Monday, March 1, 1993, at 7:30 p.m. with
Mayor Francis E. Rhodes presiding and Council Members Melvin Gateley, Melvin
Kasten, David Limbaugh, Doug Richards, A1 Spradling III, and Mary Wulfers present.
Prior to the regular session, Council convened in executive session for purposes of
discussing litigation and acquisition of real estate upon Mr. Gateley's motion, Dr.
Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richards, Spradling, Wulfers. Nays, none.
The Invocation was presented by Mr. Melvin Gateley, and the Pledge of Allegiance was
recited.
The minutes from the February 17, 1993, Regular and Executive Sessions were approved
as amended upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote:
Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none.
This being the date set for a public hearing regarding the request of Georgell
Investments, Inc. for a special use permit for purposes of constructing, maintaining, and
operating a garden supply store and greenhouse at 1901 Independence Street, the hearing
was opened. There being no appearances, the hearing was closed.
This being the date set for a public hearing regarding the request of Lynn Enterprises,
Inc. for a special use permit for purposes of maintaining and operating a bus terminal at
305 North Frederick Street, the hearing was opened. Mr. William Miller of Greyhound
Lines, Inc. appeared before the Council requesting approval of the special use permit.
There being no further appearances, the hearing was closed.
The following bills were given second and third readings:
BILL NO. 93-38 AN ORDINANCE AUTHORIZING THE CITY OF CAPE
GIRARDEAU, MISSOURI TO LEASE TO THE CAPE
GIRARDEAU, MISSOURI PARKS DEVELOPMENT
FOUNDATION CERTAIN REAL ESTATE OF THE CITY;
APPROVING THE ISSUANCE OF $3,730,000 PRINCIPAL
AMOLTNT OF CITY OF CAPE GIRARDEAU, MISSOURI
CERTIFICATES OF PARTICIPATION (CONVENTION AND
VISITORS RECREATION FACIL ITIES PROJEC'1�, SERIES
1993, FOR THE PURPOSE OF PROVIDING FLTNDS TO PAY
THE COSTS OF A PROJECT FOR THE CITY; AND
AUT�IORIZING AND APPROVING CERTAIN DOCUMENTS
AND OTHER ACTION5 IN CONNECTION WITH THE
ISSUANCE OF SAID CERTIFICATES.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $QSSIOCI March i 1 g �_
SLL.13703
BILL NO. 93-36 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT
AND A TEMPORARY CONSTRUCTION EASEMENT FROM
ANNE DAVIS 1�__RKi•ER, FRANCIS ANTHONY MERKLER,
AND CHERYL JOAN 1�_—RKT.ER; AND ACCEPTING
TEMPORARY CONSTRUCTION EASEMENTS FROM JAMES
T. BRUENING AND FAYLEEN M. BRUENING; DAVID P.
HERZOG AND GINA M. HERZOG; THOMAS G. HINKEBEIN
AND LAURA L. HINKEBEIN; AND MICHAEI. E. RENAUD
AND 70YCE R. RENAUD FOR THE BELLERIDGE
SUBDIVISION SAIVITARY SEWER PROJECT
BILL NO. 93-35 AN ORDINANCE ACCEPTING A PE:�t1VIANENT EASIIVIENT
AND A TEMPORARY CONSTRUCTION EASEMENT FROM
ROBERT L. FORD FOR TFiE NORTH KINGSHIGHWAY
SArTITARY SEWER PROJECT.
BILL NO. 93-40 AN ORDINANCE APPROVING THE RECORD PLAT OF A
RE-SUBDIVISION OF LOT 10 OF HANOVER ESTATES
SUBDIVISION
BILL NO. 93-41 AN ORDINANCE APPROVING THE RECORD PLAT OF A
RE-SUBDIVISION OF CHALET TRACE SUBDIVISION
BILL NO. 93-43 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A SETTLEMENT AGREEMENT WITH JAMES L.
DRURY; ROBERT DRURY; MID-AMERICA HOTELS
CORPORATTON, RIC, INC.;WEST PARK BOWLING LANES,
INC.; DW5 RFSTAURANTS, INC.; AND BURGER LANE
RESTAURANT FOR PAYMENT OF RESTAURANT TAX
UNDER PROTEST
The second and third readings of BILL NOS. 93-38, 93-36, 93-35, 93-40, 93-41 and 93-
43 were approved and the ordinances adopted upon Mr. Spradling's motion, Mr.
Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-38 is ORDINANCE NO.
1315, BILL NO. 93-36 is ORDINANCE NO. 1316, BILL NO. 93-35 is ORDINANCE
NO. 1317, BILL NO. 93-40 is ORDINANCE NO. 1318, BILL NO. 93-41 is
ORDINANCE NO. 1319, and BILL NO. 93-43 is ORDINANCE NO. 1320.
BILL NO. 93-44 was given first reading as follows:
AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS FROM CENTENARY LTIVITED METHODIST
CHURCH OF CAPE GIRARDEAU, MISSOURI; HEISLER DEVELOPMENT
CORPORATION; JEROME HINKEBEIN AND MARIE HINKEBEIN; AND CHRIS
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOII March 1 19 93
SLI.13703
L. PETEVIS AND SUSAN L. PETEVIS FOR THE BELLERIDGE SUBDIVISION
5A1�1ITARY SEWER PROJECT
The first reading of BILL NO. 93-44 was approved and the ordinance adopted upon Mr.
Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley,
Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none.
A motion was made by Mr. Spradling and seconded by Dr. Kasten to declare BILL NO.
93-45 an emergency measure. The motion was approved upon the following vote:
Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none.
BILL NO. 93-45 was given first, second and third readings as follows:
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM
DEED TO CHARLES A. JUDEN, JR., TRUSTEE, FOR RIVER FRONT PROPERTY
NORTH OF LACRUZ 5TREET
The first, second and third readings of BILL NO. 93-45 were approved and the
ordinance adopted upon Mr. Spradling's motion, Dr. Kasten's second, and the following
vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays,
none. BILL NO. 93-45 is ORDINANCE NO. 1321.
A motion was made by Mr. Spradling and seconded by Dr. Kasten to declare BILL NO.
93-49 and BILL NO. 93-48 emergency measures. The motion was approved upon the
following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling,
Wulfers. Nays, none.
BILL NO. 93-49 was given first, second and third readings as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO GEORGELL
INVESTMENTS, INC., FOR PURPOSES OF CONSTRUCTTNG, MAINTAINING
AND OPERATING A GARDEN SUPPLY STORE AND GREENHOUSE AT 1901
INDEPENDENCE STREET, IN THE CITY AND COiJNTY OF CAPE GIRARDEAU,
MISSOURI
The first, second and third readings of BILL NO. 93-49 were approved and the
ordinance adopted upon Mr. Spradling's motion, Dr. Kasten's second, and the following
vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays,
none. BILL NO. 93-49 is ORDINANCE NO. 1322.
BILL NO. 93-48 was given first, second and third readings as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LYNN ENTERPRI5ES,
INC., FOR PURPOSES OF MAINTAII�TING AND OPERATING A BUS TERMINAL
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $eSSlOt1 March 1 �9 93
SLL.13703
AT 305 NORTH FREDERICK STREET, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
The first, second and third readings of BILL NO. 93-48 were approved and the
ordinance adopted upon Mr. Gateley's motion, Mr. Richards' second, and the following
vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays,
none. BILL NO. 93-48 IS ORDINANCE NO. 1323.
BILL NO. 93-46 was presented as follows:
A RESOLUTION DECLARING IT NECESSARY TO IMPROVE THAT PART OF
MINNESOTA AVENUE SOUTH FROM SHAWNEE PARK TO MISSOURI ROUTE
741395.84 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, COMMONLY
KNOWN AS MINNESOTA AVENUE EXTEN5ION
The reading of BILL NO. 93-46 was approved and the resolution adopted upon Mr.
Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley,
Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-
46 is RFSOLUTION NO. 802.
BILL NO. 93-50 was presented as follows:
A RESOLUTTON OF THE CITY OF CAPE GIRARDEAU, MI5SOURI, STATING
INTENT TO SEEK FUNDING THROUGH THE "COMMUI�TITY DEVELOPMENT
BLOCK GRANT" PROGRAM AND AUTHORIZING THE MAYOR TO PURSUE
ACTIVITIES IN AN ATTEMPT TO SECURE FUNDING
The reading of BILL NO. 93-50 was approved and the resolution adopted upon Mr.
Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley,
Kasten Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-
50 is RFSOLUTION NO. 803.
BILL NO. 93-47 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
DEMOLITION CONTRACT WITH J. W. STRACK CONSTRUCTION
The reading of BILL NO. 93-47 was approved and the resolution adopted upon Mr.
Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley,
Kasten L'unbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NOe 93-
47 is RFSOLUTION NO. 804.
BILL NO. 93-51 was presented as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $QSSIOII March 1 19 93
SLL.13703
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
SUBORDINATION AG�tFF1�iFN'�' WITH CENTRAL MORTGAGE BANCSHARES,
INC. FOR A SECOND DEED OF TRUST FOR PROPERTY OWNED BY RICHARD
L. PERRYMAN AND BEATRICE E. PERRYMAN
The reading of BILL NO. 93-51 was approved and the resolution adopted upon Mr.
Spradling's motion,Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten
Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-51 is
RESOLUTION NO. 805.
BILL NO. 93-52 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
LETTER AGREEMENT WITH SEBEK/ALBERSON FOR PROFESSIONAL
SERVICES FOR THE SHAWNEE SPORTS COMPLEX AND THE COMMiTIVITY
CENTER BUILDING
The reading of BILL NO. 93-52 was approved and the resolution adopted upon Mr.
Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten
Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-52 is
RESOLUTION NO. 806.
Mr. David Barklage, Dr. Peter J. Bergerson, Ms. Sandy Bonner, Ms. Kathryn Braasch,
Mr. Ora James Gibson 7r., Dr. Peter D. Hilty, Dr. David L. Kaelin, Ms. Evelyn G.
LeGrand, Dr. Keith A. Russell, Ms. Loretta A. Schneider, Mr. Paul W. Stehr, Mr.
Donald R. Strohmeyer, and Ms. Debra Willis were appointed members of the Charter
Review Committee upon Ms. Wulfers' motion, Mr. Gateley's second, and the following
vote: Ayes, Gateley, Kasten Limbaugh, Rhodes, Richards, Spradling, Wulfers.
Ms. Cynthia Hall was appointed to the Historic Preservation Commission for a term
expiring April 16, 1995, upon Mr. Gateley's motion, Mr. Spradling's second, and the
following vote: Ayes, Gateley, Kasten Limbaugh, Rhodes, Richards, Spradling,
Wulfers.
Conditional approval of a retail liquor by the drink license to El Torero, Inc., d/b/a El
Torero Me�can Restaurant, 2120 William, Cape Girardeau, Missouri, Pamela Jean
Burger, Managing Officer was approved upon Mr. Spradling's motion, Dr. Kasten's
second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
Mr. Gateley made a motion, seconded by Ms. Wulfers, that the City of Cape Girardeau
share, on a 50/50 basis with the Colonial Cape Girardeau Foundation, the funding of an
architectural review of St. Vincent's Seminary subject to the Foundation obtaining a first
right of refusal from the seller of the seminary property. During discussion, Ms.
Barbara Rust of the Colonial Cape Girardeau Foundation Task Force questioned
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $@SSIOCI March 1 i 9 93
SLL.13703
whether the city would reimburse the Foundation its half of the funding of the
azchitectural review if the Foundation purchased the property. Following, Ms. Rust read
a prepared statement to the City Council. After considerable discussion, Mr. Gateley
and Ms. Wulfers withdrew their motion and second respectively. Dr. Kasten made a
motion, seconded by Mr. Gateley, that the City staff be authorized to solicit contract
proposals for an architectural review and environmental study of the St. Vincent's
Seminary property. The motion was approved upon the following vote: Ayes, Gateley,
Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none.
The water main extension to serve Clarkton Place Subdivision, Phase III was accepted
into the City's water system upon Mr. Spradling's motion, Dr. Kasten's second, and the
following vote: Ayes, Gateley, Kasten Limbaugh, Rhodes, Richards, Spradling,
Wulfers.
Mayor Rhodes announced that it was the consensus of the City Council that the city staff
prepare bid specifications and put out for bid landfill disposal services for the City of
Cape Girardeau, Missouri.
There being no further business, the Council adjourned upon Mr. Spradling's motion,
Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh,
rhodes, Richards, Spradling, Wulfers. Nays, none.
.�
`�� , ,� h
Francis E. Rhodes, Mayor
. � �
Gayle . Conrad, Deputy City Clerk