HomeMy WebLinkAboutCouncil.Minutes.08-02-1993.Regular 188
Proceedings of the City Councii, City of Cape Girardeau, Mo.
��ar Session Auyust 2 19 93
LL.13703 -------- - -- -
REGULAR SESSION - AUGUST 2, 1993
Council convened in regular session on Monday, August 2, 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, Mr.
Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richards, Spradling, Wulfers. Nays, none.
The Invocation was presented by Rev. Scott Moon, of the Wesley Foundation and the
Pledge of Allegiance was recited.
The minutes from the July 19, 1993, Regular and Executive Sessions were approved
upon Mr. Limbaugh's motion, Ms. Wulfers' second, and the following vote: Ayes,
Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none.
The agenda was adopted as distributed to the Council upon Mr. Gateley's motion, Ms.
Wulfers' 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 declaration of necessity to
improve that part of Brenda Lane from its beginning at Scotts Lane, 252 feet to its
terminus, in the City of Cape Girardeau, Missouri, the hearing was opened. There being
no appearances, the hearing was closed.
This being the date set for a public hearing regarding the declaration of necessity to
improve that part of Scotts Lane from its intersection with Bertling Street, 1112 feet
north to its terminus, in the City of Cape Girardeau, Missouri, the hearing was opened.
There being no appearances, the hearing was closed.
This being the date set for a public hearing regarding the declaration of necessity to
improve that part of Cape West Parkway from Campster Drive on the north to Siemers
Drive on the south, and Richmond Drive from Cape West Parkway for a distance of 280
LF in the City of Cape Girardeau, Missouri, the hearing was opened. There being no
appearances, the hearing was closed.
i This being the date set for a public hearing regarding the request of Francis E. Rhodes
` Trust and Wanda A. Pipkin for a special use permit for purposes of constructing,
maintaining and operating a veterinary hospital at 1425 Kurre Lane, the hearing was
opened. Dr. Wanda Pipkin appeared before the Council to answer any questions. There
� being no more appearances, the hearing was closed.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SeSSI0I1 August 2 19 93
SLL.�3703
Mr. Kevin Spaeth,Attorney, appeared on behalf of HSCA concerning agenda item#28,
Mount Auburn extension. He asked why the abutting property owners were going to be
tax billed 100% for the construction of this project. A1 Stoverink explained the City has
usually shared part of the cost for arterial streets and collector streets through residential
areas. Mount Auburn is an arterial street, however, the properties abutting the extension
of this street will be developed basically for commercial usage. In recent years the City
has tax billed 100% of the cost to property owners abutting commercial streets. The
same thing will be done with the Silver Springs Road extension.
Charlie Herbst appeared before the Council regarding BILL NOS. 93-173, 93-163, 93-
174, pertaining to 5ix Sister's 5ubdivision.
BILL NO. 93-173 was given first reading as follows:
AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER
DISTRICT NO. 14-1-G, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1,
APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A
SYSTEM OF SAIVITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO.
14-1-G, UNDER A PRIVATE CONTRACT SUBJECT TO CERTAIN PROVISIONS,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
A motion was made by Mr. Spradling to approve first reading of Bill No. 93-173 and
to also include in his motion the approval for improvements for street and storm sewer
construction. The motion was seconded by Ms. Wulfers' and approved upon the
following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes (abstain), Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 93-163 was given second and third reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF SIX SISTER'S
SUBDIVISION
The second and third readings of BILL NO. 93-163 were approved and the ordinance
adopted upon Mr. Spradling's motion, Ms. Wulfers' second and the following vote:
Ayes, Gateley, Kasten, Limbaugh, Rhodes (abstain), Richards, Spradling, Wulfers.
Nays, none. BILL NO. 93-163 is ORDINANCE 1385.
BILL NO. 93-174 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ESCROW AGREEMENT AND IRREVOCABLE LETTER OF CREDIT WITH SIX
SISTERS PROPERTIFS, INC. AND CAPITAL BANK OF CAPE GIRARDEAU
COUNTY FOR SIX SISTERS SUBDIVISION
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SesSi011 August 2 19 93
SIL.13703
The reading of BILL NO. 93-174 was approved and the resolution adopted upon Mr.
Spradling's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes (abstain), Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-
174 is RESOLUTION NO. 845.
Mr. Fischer announced that the City Council will be having a special luncheon meeting
at the Golden Dragon Restaurant on Friday, August 6, 1993, 12 noon, to canvas the
August 3, 1993, election results and to discuss the Sister City Program with China.
David L'unbaugh made a motion that the City Council endorse the ward system that the
citizens will be voting on tomorrow (Tuesday, August 3). The motion was seconded by
Ms. Wulfers' and approved on the following vote: Ayes, Gateley, Kasten, Limbaugh,
Rhodes, Richards, Spradling, Wulfers. Nays, none.
The following bills were given second and third readings:
BILL NO. 93-149 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE
OF ORDINANCES RELATING TO ADDRESS NLTMBERS
BILL NO. 93-151 AN ORDINANCE AMENDING 5CHEDULE F OF SECTION
26-247 OF THE CITY CODE, ESTABLISHING NO PARKING
ON WHITENER STREET FORM PINDWOOD LANE TO
SILVER SPRINGS ROAD, IN THE CITY OF CAPE
GIRARDEAU, NIISSOURI
BILL NO. 93-157 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
SPECIAL TAX BILLS FOR THE DEMOLITION OF
DANGEROUS BUILDINGS UNDER THE PROVISIONS OF
CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY
OF CAPE GIRARDEAU
BILL NO. 93-159 AN ORDINANCE VACATING THE CITY'S INTERFST IN A
PORTION OF A SAIVITARY SEWER EASEMENT ON
FARRAR DRIVE, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 93-160 AN ORDINANCE ACCEPTTNG A SEWER EASEMENT FROM
DRURY DEVELOPMENT CORPORATTON FROM SIEMERS
DRIVE WEST TO KELL FARM DRIVE
j BILL NO. 93-155 AN ORDINANCE ACCEPTING A PERMANENT EASEMENT
I AND A TEMPORARY CONSTRUCTION EASEMENT FROM
THOMAS E. HAMILTON FOR THE UPPER CAPE LA CROIX
TRUNK SEWER PROJECT, PHASE 4, SECTION II
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BILL NO. 93-158 AN ORDINANCE REAFFIRNIING THE ACTTON 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, AND PROVIDING FOR THE ISSUANCE OF
SPECIAL TAX BILLS IN AN AMOUNT NOT TO EXCEED
$102.29 PER FRONT FOOT IN PAYMENT OF THE COST OF
SAME ON WHITENER STREET FROM ITS INTERSECTION
WITH EXISTING WHITENER STREET, WEST FOR A
DISTANCE OF 278.6 FEET TO ITS INTERSECTION WITH
SILVER SPRINGS ROAD; WITH THE BALANCE TO BE PAID
FROM GENERAL REVENUE FUNDS, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
BILL NO. 93-148 AN ORDINANCE AMENDING THE BOUNDARIFS OF
LATERAL SEWER DISTRICT NO. 14-X-6, A SUBDIVISION
OF LATERAL SEWER DISTRICT NO. 14-X-3, AUTHORIZING
THE CONSTRUCTION OF A SYSTEM OF SAIVITARY
LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14-
X-6, UNDER A PRIVATE CONTRACT SUBJECT TO
CERTAIN PROVISIONS, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The second and third readings of BILL NOS. 93-149, 93-151, 93-157, 93-159, 93-160,
93-155, 93-158, 93-148 were approved and the ordinances adopted upon Mr. Spradling's
motion and Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes, Richards, 5pradling, Wulfers. Nays, none. BILL NO. 93-149 is
ORDINANCE 1386, BILL NO. 93-151 is ORDINANCE 1387, BILL NO. 93-157 is
ORDINANCE 1388, BILL NO. 93-159 is ORDINANCE 1389, BILL NO. 93-160 is
ORDINANCE 1390, BILL NO. 93-155 is ORDINANCE 1391, BILL NO. 93-158 is
ORDINANCE 1392, BILL NO. 93-148 is ORDINANCE 1393.
BILL NO. 93-169 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE CAPE GIRARDEAU (MISSOURI) PUBLIC
FACILITTES AUTHORITY TO ISSUE $8,095,000 PRINCIPAL AMOUNT OF
BUILDING AND EQUIPMENT LEASEHOLD REFUNDING AND IMPROVEMENT
REVENUE BONDS (CITY OF CAPE GIRARDEAU, MISSOURI, CAPITAL
IMPROVEMENTS PROJECTS), SERIES 1993, FOR THE PURPOSE OF PROVIDING
FUNDS TO PAY THE COSTS OF A PROJECT FOR THE CITY OF CAPE
GIRARDEAU, MISSOURI, AND TO ADVANCE REFUND CERTAIN PRIOR
OBLIGATIONS OF THE AUTHORITY; AUTHORIZING AND APPROVING
CERTAIN DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF THE
SERIES 1993 BONDS; AND AUTHORIZING CERTAIN OTHER ACTIONS IN
CONNECTION WITH THE I5SUANCE OF SAID SERIES 1993 BC�NDS.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Sessl011 Auqust 2 1 g 93
SLL.13703
The first reading of BILL NO. 93-169 was approved upon Mr. Spradling's motion, Mr.
Richards' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richards, Spradling, Wulfers. Nays, none.
BILL NO. 93-171 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF $500,000 PRINCIPAL
AMOUNT OF SEWERAGE SYSTEM REVENUE BONDS (STATE REVOLVING
FLTND PROGRAM) SERIES 1993A, OF THE CITY OF CAPE GIRARDEAU,
MISSOURI FOR THE PURPOSE OF EXTENDING AND IMPROVING THE CITY'S
SEWERAGE SY5TEM; PRESCRIBING THE FORM AND DETAILS OF SAID
BONDS AND THE COVENANTS AND AGREEMENTS MADE BY THE CITY TO
FACILITATE AND PROTECT THE PAYMENT THEREOF; PROVIDING FOR THE
COLLECTION, SEGREGATION AND APPLICATION OF THE REVENUES OF THE
SEWERAGE SYSTEM OF THE CITY FOR PURPOSE OF PAYING THE COST OF
OPERATION AND MAINTENANCE OF SAID SYSTEM, PAYING THE PRINCIPAL
OF AND IrdTEREST OF SAID BONDS, AND PROVIDING REASONABLE AND
ADEQUATE RESERVE FUNDS; AND AUTHORIZING A NON-INTEREST
BEARING LOAN FORM THE WASTEWATER LOAN FUND OF THE STATE OF
MISSOURI AND PRESCRIBING OTHER MATTERS RELATING THERETO.
The first reading of BILL NO. 93-171 was approved upon Mr. Gateley's motion, Mr.
Spradling's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richards, Spradling, Wulfers. Nays, none.
BILL NO. 93-164 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST FIFTH
SUBDIVISION
The first reading of BILL NO. 93-164 was approved upon Mr. Spradling's motion, Ms.
Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richards, Spradling, Wulfers. Nays, none.
BILL NO. 93-165 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FRANCIS E. RHODES
TRUST AND WANDA A. PIPKIN, FOR PURPOSES OF CONSTRUCTING,
MAINTAIIVING AND OPER.ATING A VETERINARY HOSPITAL AT 1425 KURRE
LANE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
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; The first reading of BILL NO. 93-165 was approved upon Mr. Limbaugh's motion, Ms.
� Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes
(abstain), Richards, Spradling, Wulfers. Nays, none.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session August 2 1 g 93
SLL.1370
BILL NO. 93-167 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY
CODE, BY PLACING STOP SIGNS ON ACCESS STREET AND KEYSTONE
DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 93-167 was approved upon Mr. Gateley's motion, Ms.
Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richards, Spradling, Wulfers. Nays, none.
BILL NO. 93-170 was presented as follows:
A RESOLUTION AUTHORIZING THE EXECUTTON OF A BOND PURCHASE
AGREEMENT IN CONNECTION WITH THE SALE BY THE CAPE GIRARDEAU
(NIISSOURI)PUBLIC FACILITTES AUTHORITY OF APPRO�ATEI.Y$8,095,000
PRINCIPAL AMOUNT OF BUILDING AND EQUIPMENT LEASEHOLD
REFUNDING AND IMPROVEMENT REVENUE BONDS (CITY OF CAPE
GIRARDEAU, MISSOURI, CAPITAL IMPROVEMENTS PROJECTS), SERIFS 1993;
APPROVING THE PRELIlVIINARY OFFICIAL STATEMENT AND AUTHORIZING
THE EXECUTION OF A FINAL OFFICIAL STATEMENT FOR SAID SERIES 1993
BONDS; AND PRESCRIBING OTHER MATTERS RELATING THERETO
The reading of BILL NO. 93-170 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. BII.L NO. 93-
170 is RFSOLUTION NO. 846.
BILL NO. 93-166 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
WITH MARY F BERGEN FOR A RESTAURANT AND LOUNGE AT THE CAPE
GIRARDEAU MLTIVICIPAL AIRPORT TERNIINAL BUILDING
The reading of BILL 93-166 was approved and the resolution adopted upon Mr.
Gateley's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-166 is
RFSOLUTION NO. 847.
BILL NO. 93-168 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH PENZEL CONSTRUCTION COMPANY FOR
THE ENTRANCE ROAD AT THE CAPE GIRARDEAU MLTIVICIPAL AIRPORT
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session Au�st 2 1 g 93
SLL.13703
The reading of BILL NO. 93-168 was approved and the resolution adopted upon Dr.
Kasten's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-168 is
RESOLUTION NO. 848.
A temporary 5% beer by the drink license for the Noon Optimist Club of Cape for an
event to be held at the A.C. Brase Arena Building in Arena Park on August 20 and 21,
1993, Bruce Scherer, Managing Officer, was approved upon Mr. Spradling's motion,
Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richards, Spradling, Wulfers. Nays, none.
A retail liquor by the drink license for Rodney Pobst, d/b/a/ River's Edge, 701 N. Main,
Cape Girardeau, Missouri, Rodney Pobst, Managing Officer, was conditionally approved
upon Mr. Spradluig's motion, Ms. Wulfers' second and the following vote: Ayes,
Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none.
Engineering services and right-of-way acquisition were authorized and the allowance of
special assessments for costs equivalent to 40' width for the Mount Auburn extension to
Route 74 was approved upon Mr. Spradling's motion, Ms. Wulfers' second and the
following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling,
Wulfers. Nays, none. Costs for width beyond 40' will be borne by the City.
BILL NO 93-172 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF BLATTNER THIRD WEST
SUBDIVISION
The first reading of BILL NO. 93-172 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.
The preliminary plat of Blattner Third West Subdivision was approved upon Dr. Kasten's
motion, Mr. Spradling's second the following vote: Ayes, Gateley, Kasten, Limbaugh,
Rhodes, Richards, Spradling, Wulfers. Nays, none.
A temporary 5% beer by the drink license for the Notre Dame Booster Club for an event I
to be held at the Notre Dame High School, 1912 Ritter Drive, Cape Girardeau, �
September 3 to September 6, 1993, Jim Maurer, Managing Officer, was approved upon
Mr. Spradling's motion, Mr. Limbaugh's second and the following vote: Ayes, Gateley,
, Kasten, Limbaugh, Rhodes (abstain), Richards, Spradling, Wulfers. Nays, none.
; There being no further business, the meeting was adjourned upon Mr. Gateley's motion,
I Mr. Spradling's second and the following vote: Ayes, Gateley, Kasten, Limbaugh,
Rhodes, Richards, Spradling, Wulfers. Nays, none.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $@SSIOtI August 2 1 g 93
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Francis E. Rhodes, Mayor
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Kimb�e _.r Aly ���ruett, Deputy City Clerk