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HomeMy WebLinkAboutCouncil.Minutes.04-05-1993.Regular 67 Proceedings of the City Council, City of Cape Girardeau, Mo. Reqular $eSS1011 April 5 1 g � SLL.13703 REGULAR SESSION - APRIL 5, 1993 Council convened in regular session on Monday, Apri15, 1993, 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. 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, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. The Invocation was presented by Captain Elmer Trapp of the Salvation Army, and the Pledge of Allegiance was recited. The minutes from the March 15, 1993, Regular and Executive Sessions were approved upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. This being the date set for a public hearing regarding the request of Timothy and Sue Rademeker for the City to vacate its interest in a utility and sewer easement which runs across Lot #10 of Hanover Estates, Cape Girardeau, Missouri, the hearing was opened. There being no appeara.nces, the hearing was closed. This being the date set for a public hearing regarding the request of G. Keith Deimund to rezone Lot 2, Mount Auburn Subdivision No. 4, from G1, Local Commercial District, to R-3, Two-Family Residential District, 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 Heisler Development Co. and Six Sisters Co. for a special use permit to erect a tower appro�mately 250 feet in height on a tract in the 1600 block of North Kingshighway in a G2 General Commercial District, the hearing was opened. Mr. Charlie Herbst distributed drawings of the property. Plans are to construct an office building, and the microwave tower will be constructed in the area of the existing bam. There being further no appearances, the hearing was closed. This being the date set for a public hearing regarding the request of Free Will Baptist Church for a special use permit for an addition to the e�cisting church facility and for a sign at 2919 Kage Road in an R-1 Single Family Residential District, the hearing was opened. Mr. Ken Inman appeared on behalf of the church to answer any questions. I There being no questions or further appearances, the hearing was closed. � i Mr. Harold Tilley and the Community Relations Council of Vision 2000 presented � their annual report for 1992 and their goals for the future. � ! 68 Proceedings of the City Council, City of Cape Girardeau, Mo. Rec�ular __ SBSSiOfI April 5 19 93 SLL.13703 Mr. Larry Payne, Facilities Committee Chairman of the Cape Girardeau Chamber of Commerce appeared before the Council and explained that the Chamber is looking for a location for a new office building. The land at the intersection of Mount Auburn Road and North Kingshighway recently purchased by the City is a prime area for this building. He requested that the City Council authorize the staff to look at and study this project in conjunction with the Chamber. Mr. Spradling made a motion, seconded by Mr. Gateley, that this request be refened to the City Staff and the Pazks and Recreation Advisory Board to study and review, and to make a recommendation to the City Council at a future date. The motion was approved upon the following vote: Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. Ms. Sharee Galnore, Community Traffic Safety Program Coordinator, gave a presentation on the City of Cape Girardeau Police Department's Drug Prevention Programs. The information presented is attached hereto and made a part of these minutes (Exhibit A). Mayor Rhodes complimented the Department on its programs to work with the children on drug prevention. Mr. Ruben Parker appeared before the Council in opposition to Bill No. 93-55, an Ordinance amending Schedule F of Section 26-247 of the City Code, establishing no parking on Good Hope Street. Butch Boyd, Police Chief, explained that the current 90 day emergency ordinance restricting pazking in this area will expire near the end of May or first of June. Ms. Debra Willis suggested that parking be restricted in this area at times when Mr. Ruben's business is not open. After much discussion, it was the consensus of the Council that at the end of the 90 day period, allow parking in this area, and if a problem arises at that time, the ordinance can be brought up again to restrict parking in this area. Bill 93-55, an Ordinance amending Schedule F of Section 26-247 of the City Code, establishing no parking on Good Hope Street in the City of Cape Girardeau, Missouri, was withdrawn from the agenda for second and third readings upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. The following bills were given second and third readings: BILL NO. 93-58 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE TWO EASEMENTS FOR HIGHWAY CONSTRUCTION TO THE MISSOURI HIGHWAY AND TRANSPORTATION COr�IIVIISSION, FOR IMPROVEMENTS AT T��INTERCHANGE OF ROUTE I-55 AND RELOCATED ROUTE 74 69 Proceedings of the City Council, City of Cape Girardeau, Mo. RPqi�l ar .S@SSI01'1 At�-�ri 1 S 19 �_ SLL.13703 BILL NO. 93-56 AN ORDINANCE AUTHORIZING THE CAPE GIRARDEAU POLICE DEPARTMENT, FIRE DEPARTMENT AND PUBLIC WORKS DEPARTMENT TO PROVIDE ASSISTANCE TO OTFIER PUBLIC SAFETY AGENCIES FOR EMERGENCIES BILL NO. 93-61 AN ORDINANCE APPROVING THE RECORD PLAT OF FOUNDATION PARK SUBDIVISION BILL NO. 93-60 AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST FOURTH SUBDIVISION BILL NO. 93-59 AN ORDINANCE APPROVING THE RECORD PLAT OF MT. AUBURN SUBDIVISION NO. 4 The second and third readings of BILL NOS. 93-58, 93-56, 93-61, 93-60 and 93-59 were approved and the ordinances adopted upon Mr. Spradling's motion, Ms. Wulfers second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-58 is ORDINANCE NO. 1326. BILL NO. 93-56 is ORDINANCE NO. 1327. BILL NO. 93-61 is ORDINANCE NO. 1328. BILL NO. 93- 60 is ORDINANCE NO. 1329. BILL NO. 93-59 is ORDINANCE NO. 1330. BILL NO. 93-63 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM ASHLAND LAND DEVELOPMENT CORPORATTON TO ALLOW FOR A WATER MAIN EXTENSION ALONG THE NORTH SIDE OF HOPPER ROAD The first reading of BII.L NO. 93-63 was approved and the ordinance adopted upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling (abstain), Wulfers. Nays, none. BILL NO. 93-68 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF A UTILITY EASEMENT RUNNING ACROSS LOT 10 IN HANOVER ESTATES SUBDIVISION IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 93-68 was approved and the ordinance adopted upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. i /U Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI April 5 19 2�_ SLL.13703 BILL NO. 93-64 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF TI�CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING TI�ZOIVING OF LOT 2, MOUNT AUBURN SUBDIVISION NO. 4, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM C-1 TO R-3 The first reading of BILL NO. 93-64 was approved and the ordinance adopted upon Dr. Kasten's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-65 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO HIISLER DEVEI.OPMENT CO. AND SIX SISTERS CO., FOR PURPOSES OF CON5TRUCTTNG, MAINTAINING AND OPERATING A 250 FOOT TOWER IN THE 1600 BLOCK OF NORTfI KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 93-65 was approved and the ordinance adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Rhodes (abstain), Richards, Spradling, Wulfers. Nays, none. BII.L NO. 93-66 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO FIRST FREE WILL BAPTIST CHURCH, FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND OPERATING AN ADDITION TO AN EXISTING CHURCH AND A SIGN AT 2919 KAGE ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU First reading of BILL NO. 93-66 was approved and the ordinance adopted upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-67 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSE AND INDEMIVITY AGREEMENT WITH JAMFS T. BRLTEIVING AND FAYLEEN M. BRUEIVING FOR PLACING CERTAIN IlVIPROVEMENTS ON DIXIE BOULEVARD RIGHT-OF-WAY After discussion regarding residential driveways exiting onto arterial streets, the first reading of BILL NO. 93-67 was approved and the ordinance adopted upon Ms. Wulfer's motion, Mr. Spradling's second, and the following vote: Ayes, Kasten, Rhodes, 71 Proceedings of the City Councii, City of Cape Girardeau, Mo. RP{3i�1 ar SeSSl0�1 Anri 1 �i 19 �_ SLL.13703 Richards, Spradling, Wulfers. Nays, Gateley. Mayor Rhodes asked the City Staff to look into the possibility of paving Dixie Street. BILL NO. 93-69 was presented as follows: A RESOLUTION AUTHORIZING TI� CITY MANAGER TO ENTER INTO AN AGREEMENT FOR ENGINEERING DESIGN SERVICES WITH SMITH AND COMPANY FOR THE HOPPER ROAD BRIDGE The reading of BII.L NO. 93-69 was approved and the resolution adopted upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-69 is RFSOLUTION NO. 812. BILL NO. 93-71 was presented as follows: A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI DEPARTMENT OF SOCIAL SERVICES UNDER THE EMERGENCY SHELTER GRANT PROGRAM, FOR SAFE HOUSE FOR WOMEN, INC. AND THE SALVATION ARMY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 93-71 was approved and the resolution adopted upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, 5pradling, Wulfers. Nays, none. BILL NO. 93-71 is RFS OLUTION NO. 813. BII.L NO. 93-73 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A RIGHT-OF-WAY AGREEMENT WITH DRURY DEVELOPMENT CORPORATION FOR CAPE WEST PARKWAY The reading of BILL NO. 93-73 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. 93-73 is RFSOLUTION NO. 814. BILL NO. 93-74 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AMOCO OIL COMPANY TO PURCHASE RIGHT-OF-WAY FOR THE WALKER BRANCH I SEGMENT OF THE CAPE LA CROIX CREEK/ WALKER BRANCH FLOOD CONTROL PROJECT � �� � 72 Proceedings of the City Council, City of Cape Girardeau, Mo. ReQular S@SSIOII April 5 19 93 SL� 13703 --- The reading of BILL NO. 93-74 was approved and the resolution adopted upon Mr. Spradling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-74 is RESOLiJTION NO. 815. BILL NO. 93-72 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEN�NT WITH THE U.S. ARMY CORPS OF ENGINEERS AND AMOCO OIL COMPANY FOR THE WALKER BRANCH I FLOOD CONTROL PROJECT The reading of BILL NO. 93-72 was approved and the resolution adopted upon Mr. Gateley's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, 5pradling, Wulfers. Nays, none. BILL NO. 93-72 is RFSOLUTION NO. 816. Martha Bender, Tom Neumeyer and John Schneider were appointed to the Historic Preservation Commission for terms expiring April 16, 1996, upon Mayor Rhodes motion, Mr. Gateley's second,and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. Approval of an original package liquor license for New Venice Gas & Oil, 340 South Sprigg Street, Cape Girardeau, Missouri, Charlie Gillespie, Managing Officer, was approved upon Mr. Spra.dling's motion, Dr. Kasten's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. Amendments to Section V, Procedural Guidelines, of the City Council Handbook and Policy Statements were approved upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. Mayor Rhodes made a motion, seconded by Ms. Wulfers, that the street improvements as now constructed, without the guazdrail, for Stonebridge Subdivision Phase I be approved. Mayor Rhodes withdrew his motion stating he wished to abstain from voting on the matter. The street improvements as now constructed, without the guardrail, for Stonebridge Subdivision Phase I were then approved upon Mr. Spradling's motion, Ms. Wulfers second, and the following vote: Ayes, Gateley, Kasten, Rhodes (abstain), Richards, Spradling, Wulfers. Nays, none. The City Manager was authorized to execute a letter of intent to the Missouri Department of Natural Resources and the U.S. Environmental Protection Agency to close the City sanitary landfill prior to October 9, 1993, upon Mr. Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. 73 Proceedings of the City Council, City of Cape Girardeau, Mo. RP�i�I ar .S@SSIOCI _�nri 1 5 19 _93 SLL.13703 An out of district sewer permit was granted to Ms. Vonne Reagan to connect her property at 2409 Perryville Road into Sewer District 14-K upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-77 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGFRFM�Iv't' WITH AMOCO OIL COMPANY AND BOATMEN'S NATIONAL BANK OF CAPE GIRARDEAU FOR THE CAPE GIRARDEAU- JACKSON METROPOLITAN AREA FLOOD CONTROL PROJECT The reading of BILL NO. 93-77 was approved and the resolution adopted upon Dr. Kasten's motion, Ms. Wulfer's second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Wulfers. Nays, none. Spradling abstained for fmancial reasons. BILL NO. 93-77 is RESOLUTTON NO. 817. The following bill was given first, second and third readings: BILL NO. 93-76 AN ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE, SALE, AND DFLIVERY OF $3,690,000 PRINCIPAL AMOUNT OF G� OBLIGATION REFiJNDING BONDS, SERIES 1993, OF THE CITY OF CAPE GIRARDEAU, MISSOURI; PRFSCRIBING THE FORM AND DETAILS OF SAID BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION Tf�REWITH The first, second and third readings of BII,L NO. 93-76 were approved and the ordinance adopted upon Ms. Wulfer's motion, Mr. Richards' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Wulfers. Nays, none. Spradling abstained for fmancial reasons. BILL NO. 93-76 is ORDINANCE NO. 1331. There being no further business, the Council adjourned upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. � Francis E. Rhodes, Mayor �. � 'i � Gayle L. Conrad, Deputy City Clerk I, � i � 74 Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular __ S@SSiOt1 A�ril 5 19�_ SLL 13703 - THIS PAGE INTENTIONALLY LEFT BLANK Exhibit A 75 DRIIG PREVENTION PROGRAM3 CAPE GIRARDEAII POLICE DEPARTMENT To effectively attack the drug and alcohol problem (even though crack and cocaine have received much attention recently, alcohol is still the number one abused drug in this country and accounts for more deaths and injuries than all other drugs combined) , it is important to be aggressive with enforcement efforts in order to reduce supply. It is equally important, however, to attack the drug problem thru prevention programs. Thru these educational programs we are able to attack the drug problem from another angle - by reducing demand. It is this combination of both enforcement and educational activities that is key to any effective anti-drug campaign. For these programs to be effective, there must be a community- wide effort and support. For years the police department has been involved in this educational process. Within the past few years the police department has become even more involved in the educational component. Listed below are some of the educational and awareness activities the police department has been, and is currently involved in: DARE (DRIIG ABIISE RESISTANCE EDIICATION) In December, 1990, an officer has hired full time to instruct the DARE Program. The DARE Program involves havirtg a police officer go into all sixth grade classrooms (both public and private) every week for fourteen weeks to teach students how to refuse drugs and alcohol. DARE teaches the children that popularity can be found in positive behavior and that self- conf idence and self-worth come from asserting themselves and resisting destructive temptations. Lessons focus on four major areas: providing� accurate information about alcohol and drugs; teaching students decision- making skills; showing them how to resist peer pressure and giving them ideas for alternatives to drug use. The curriculum for the DARE Program is designed to be taught by police officers who have seen how drugs and alcohol can destroy lives and can answer students ' questions based on their training and experience. Fxhibit A 76 DRIIG AWARENE38 PRESENTATIONS Officers within our department, primarily our crime prevention officer and DARE officer, also do a number of drug education and awareness programs each year to civic, church and school groups. During calendar year 1992, these officers did a total of 24 drug/alcohol programs to more than 1,400 people. f, 4 EDIICATIONAL/AWARENE33 DI3PLAY3 �, Each year our department participates in a number of � activities where we provide educational materials and displays, as well as provide personnel to discuss drug related issues. These annual events include an Alcohol Awareness Fair at SEMO University, � Health Fairs at local elementary schools, Lock-Ins at schools and churches, Law Enforcement Day at West Park Mall, Criminal Justice . Day at SEMO University, Safety Fair at West Park Mall, and just last week-end an officer participated in a National Guard lock-in for local 7th grade students focussing on drug and alcohol prevention. COMMIINITY TRAFFIC SAFETY PROGRAM (CT3P) Project Graduation - Day long workshops were provided to area high schools on implementing alcohol and drug free parties after prom and graduation. We continue to act as a resource to schools who wish to sponsor this type of event. �Docu Drama - Each year the CTSP participates in the Alcohol •Awareness Week held on SEMO .campus. This year we initiated the Docu Drama Project during this week. This program involved university students acting out a drunk driving accident in the middle of campus to demonstrate the seriousness of drinking and driving. Members of the community including the Police Department, Coroner, and Fire Department responded to the scene as if it were an actual crash. University students played the roles of drunk driver and victims. In recognition of the Docu Drama, the University Housing Officers Organization was awarded the 1992 Safety Awareness Program of the . Year by the Upper Midwest Region - Association of College and University Housing Officers. This region, made up of North Dakota, Missouri, Kansas, Nebraska, Wisconsin, Iowa, South Dakota, Minnesota and Manitoba, selects one program per year for outstanding efforts in Safety Awareness. � � � Exhibit A 77 JR. CHIEF OF POLICE PROGRAM This project is a joint effort between the Cape Girardeau Public Schools, Ford Groves Motor Co. and the Cape Girardeau Police Department. Bob Neff of Ford Groves and Chief Boyd along with Officer Jeannie Dailey visited all the 3rd grade classrooms in the Cape Public Schools promoting drug and alcohol abuse prevention. Each student was sworn in as a Jr. Chief of Police. They were asked to pledge to remain alcohol and drug free, to obey all laws and to be model citizens of our community. DRIIG FREE RALLY Each year the CTSP is represented on the planning committee of the Healthy Lifestyles Conference at Southeast Missouri State University. This year in conjunction with the Conference we are also involved in the planning of a drug free rally to be held at the Show Me Center. Both the youth and adult population of our community will be taking a public stand against drug and alcohol abuse at this rally. PROJECT C.H.A.R.L.I.E. (CHEMICAL ABIISE RESOLIITION LIES IN EDUCATION) Project Charlie was implemented in the Cape Girardeau schools in January of 1985 by the Area Wide Task Force. Project Charlie is as drug and alcohol prevention program targeting 2nd and 4th grade students. Donna Boardman, who is with the CTSP Program, was one of the original founders of this program. Randon Grissom of the Police Department has served as President of the Advisory board and also serves as a classroom facilitator. Also Donna and Sharee Galnore have served as facilitators. The Police Department continues to support this project as an ongoing educational effort within our community which serves as a counterpart to the DARE Program. COMMUNITY TEAM TRAINING FOR DRUG AND ALCOHOL ABIISE PREVENTION This project is a school and community based program focusing on drug and alcohol prevention programs for each school. � Each team is made up of 6 persons including school administrators, teachers, counselors, parents, and community representatives. Our DARE Officer and Crime Prevention Officer are trained team members and continue to act as a resource to all teams in Cape Girardeau. Sharee and Donna serve as team members and are part of the training staff for the state of Missouri. A team has been trained in each of our public and private schools over the past five years. As part of this project, an annual Redevelopment Workshop is held to maintain local team involvement. This years workshop is scheduled for February 26-27, at the Holiday Inn. Each year a new team from Cape Girardeau is sent to the state-wide training.