HomeMy WebLinkAboutCouncil.Minutes.09-08-1993.Regular 218
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $@SSIOt1 September 8 19 93
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REGULAR SESSION - SEPTEMBER 8, 1993
Council convened in regular session on Wednesday, September 8, 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 land acquisition 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 David A. Stewart, Pastor of Hobbs Chapel and Wesley
United Methodist Churches, and the Pledge of Allegiance was recited.
The minutes from the August 16, 1993, Regular and Executive Sessions and the August
25, 1993, Special Session were approved upon Mr. Spradling'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 request of Howard C. and
Frances H. Tooke and William J. and Karen A. Sides to rezone property along the east
side of Giboney Avenue between Elm Street and Hackberry Street from M-1, Light
Industrial District, to M-2, Heavy Industrial District, and for a Special Use Permit for
a metal recycling/salvage center, the hearing was opened. Howard Tooke appeared
before the Council in support of the request for rezoning and special use permit. There
being no further appearances, the hearing was closed.
This being the date set for a public hearing regarding the request of Gilbert Winschel and
Thomas L. Meyer Trust to rezone 133 South Ellis Street from R-4, Multiple Family
Residential District, to G2, General Commercial District, the hearing was opened.
There being no appearances, the hearing was closed.
Mr. Charlie Herbst appeared before the City Council on behalf of the Fraternal Order
of Police. He distributed a report explaining the statistical trends of crime in Cape
Girardeau. Mr. Herbst requested that the Cape Girardeau police force be increased from
� 61 to 66. Currently the national average for police officers is 2.2 for every 1,000
residents, and in the Midwest the average is 1.8 officers per 1,000 residents. The
average in Cape Girardeau is 1.75 per 1,000 residents. Mr. Barry Hovis also appeared
on behalf of the Fraternal Order of Police indicating he had prepared the distributed
� report. Councilman Richards questioned how many officers patrol the streets on each
�
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shift. Police Chief Butch Boyd responded that there are appro�cimately seven patrolman
per shift. After discussion on the issue, it was the consensus of the City Council not to
take any action until the report previously requested from the City Staff is complete.
Mr. Dennis Marchi appeared before the City Council on behalf of the United Way
regarding the Y.E.L.L. fundraising campaign which will take place on September 14.
Mr. Marchi requested permission for the United Way to sell newspapers on city streets
from 6:00 to 10:00 a.m. on September 14. Permission was granted upon Mr. Gateley's
motion, Mr. Limbaugh's second, and the following vote: Ayes, Gateley, Kasten,
L'unbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none.
The following bills were given second and third reading:
BILL NO. 93-175 AN ORDINANCE AMFNDING SCHEDULE J OF SECTION 26-
135 OF THE CITY CODE, ESTABLISHING A ONE-WAY
ALLEY, EASTBOLIND,BETWEEN 344 NORTH HENDERSON
AND HOUCK PLACE IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 93-181 AN ORDINANCE REAFFIRNIING ARTICLE IV OF CHAPTER
2 OF THE CODE OF ORDINANCES ENTITLED "CONFLICTS
OF INTERFST"
BILL NO. 93-182 AN ORDINANCE ACCEPTING A GENERAL WARRANTY
DEED FROM DEWITT W. HARMON AND ALMA K.
HARMON FOR SHAWNEE PARK
BILL NO. 93-187 AN ORDINANCE ESTABLISHING THE BOLTNDARIES OF
LATERAL SEWER DISTRICT NO. 14-1-F-2, A SUBDIVISION
OF TRUNK SEWER DISTRICT NO. 14-1-4, APPROVING THE
PLANS AND AUTHORIZING THE CONSTRUCTION OF A
SY5TEM OF SArTITARY LATERAL SEWERS IN THE SEWER
DISTRICT NO. 14-1-F-2, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 93-189 AN ORDINANCE APPROVING THE RECORD PLAT OF
PARK WEST HOSPITALITY CENTER NO. 2 SUBDIVISION
BILL NO. 93-194 AN ORDINANCE APPROVING THE RECORD PLAT OF
MOUNT AUBURN SUBDIVISION NO. 5
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BILL NO. 93-198 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
$1,320,000 PRINCIPAL AMOUNT OF SEWERAGE SYSTEM
REFUNDING REVENUE BONDS, SERIES 1993, OF THE
CITY OF CAPE GIRARDEAU, MISSOURI; PRESCRIBING
THE FORM AND DETAILS OF SAID BONDS AND THE
COVENANTS AND AGREEMENTS TO PROVIDE FOR THE
PAYMENT AND SECURITY THEREOF;AND AUTHORIZING
CERTAIN ACTIONS AND DOCUMENTS AND PRESCRIBING
OTHER MATTERS RELATING THERETO
BILL NO. 93-197 AN ORDINANCE CALLING AN ELECTION IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
The second and third readings of BILL NOS. 93-175, 93-181, 93-182, 93-187, 93-189,
93-194, 93-198 and 93-197 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. Mr. Spradling
abstained on BILL NO. 93-182. BILL NO. 93-175 is ORDINANCE NO. 1405, BILL
NO. 93-181 is ORDINANCE NO. 1406, BILL NO. 93-182 is ORDINANCE NO. 1407,
BILL NO. 93-187 is ORDINANCE NO. 1408, BILL NO. 93-189 is ORDINANCE NO.
1409, BILL NO. 93-194 is ORDINANCE NO. 1410, BILL NO. 93-198 is
ORDINANCE NO. 1411, BILL NO. 93-197 is ORDINANCE NO. 1412.
BILL NO. 93-195 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF THE CITY
CODE, ESTABLISHING LIlVIITED PARKING ON LOUISIANA AVENUE AND
FRANKLIN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 93-195 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. 93-191 was given first reading as follows:
AN ORDINANCE AMENDING CHAP'TER 30 OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF
ALL OF OUTLOTS 49 AND 50, CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI FROM M-1 TO M-2
i The reading of BILL NO. 93-191 was approved upon Mr. Spradling's motion, Ms.
; Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
I Richards, Spradling, Wulfers. Nays, none.
BILL NO. 93-192 was given first reading as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
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AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO�IOWARD C. TOOKE,
FRANCES H. TOOKE, WILLIAM J. SIDFS AND KAREN A. SIDFS, FOR
PURPOSES OF MAINTAINING AND OPERATING A METAL
RECYCLING/SALVAGE CENTER ON THE EA5T SIDE OF GIBONEY AVENUE
BETWEEN ELM STREET AND HACKBERRY STREET, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 93-192 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. 93-193 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZO1vING OF
133 SOUTH ELLIS STREET, CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI FROM R-4 TO C-2
The reading of BILL NO. 93-193 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. 93-200 was given first reading as follows:
AN ORDINANCE ACCEPTTNG A SPOIL DISPOSAL EASEMENT FROM ITAPCO-
MISSOURI TERNIINAL, INC.
The reading of BILL 93-200 was approved upon Mr. Gateley's motion, Dr. Kasten's
second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 93-203 was given first reading as follows:
AN ORDINANCE ACCEPTING GENERAL W?►R:RANTY DEEDS FROM CLIFFORD
L. BOLLINGER AND SHIRLEY J. BOLLINGER; AND RICHARD E. OWENS AND
MAR5HA K. OWENS FOR THE CAPE LA CROIX CREEK/WALKER BRANCH
FLOOD CONTROL PROJECT
The reading of BILL 93-203 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. 93-204 was given first reading as follows:
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AN ORDINANCE ACCEPTING QUIT CLAIM DEEDS FROM GEORGE R. WEEKS
AND JOAN M. WEEKS; W. TOM TIPTON AND JULIA ANN TIPTON; LINDELL
C. LEWIS, TRUSTEE; NEW LIFE WORLD OUTREACH CFNTER, INC., AND BON
DOZA FOR STREET IMPROVEMENTS ON BRENDA LANE AND SCOTTS LANE
The reading of BILL 93-204 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. 93-201 was given first reading as follows:
AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM JAMES EAKER,
TRUSTEE, AND MARY ALICE EAKER, TRUSTEE, FOR THE DETENTION
RESERVOIR ACCESS ROAD PROJECT
The reading of BILL 93-201 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. 93-202 was given first reading as follows:
AN ORDINANCE ACCEPTING A GENERAL W�►]tRANTY DEED FROM C.
DONALD PRIEST AND LAVONNA SUE PRIEST FOR THE NORTH SPRIGG
STREET EXTENSION PROJECT
The reading of BILL 93-202 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. 93-207 was given first reading as follows:
AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER
DISTRICT NO. 14-1-B-1, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-
1-B, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL 93-207 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. 93-205 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
SUPPLEMENT TO AGREEMENT WITH SMITH AND COMPANY, FOR THE
HOPPER ROAD BRIDGE PROJECT
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The reading of BILL NO. 93-205 was approved and 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. 93-205 is
RESOLUTION NO. 856.
BILL NO. 93-206 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH DUTCH ENTERPRISES, INC. FOR THE BLOOMFIELD
ROAD WATER MAIN EXTENSION ACROSS U.S. HIGHWAY I-55
The reading of BILL NO. 93-206 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. 93-206 is
RESOLUTION NO. 857.
BILL NO. 93-209 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH FRONABARGER CONCRETERS, INC. FOR PAVING CAPE
WEST PARKWAY
The reading of BILL NO. 93-209 was approved and the resolution 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. 93-209 is
RFSOLUTION NO. 858.
BILL NO. 93-208 was presented as follows:
A RESOLUTTON OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
AUTHORIZING AN APPLICATTON FOR GRANT FUNDING UNDER THE
HISTORIC PRESERVATION PROGRAM OF THE MISSOURI DEPARTMENT OF
NATURAL RESOURCES
The reading of BILL NO. 93-208 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-
208 is RFSOLUTION NO. 859.
A 5% Beer By Drink license for VirCo Inc., d/b/a H.R.H. Dumplin's, 280 S. Mount
Auburn, Cape Girardeau, Missouri, John Johnson, Managing Officer, was conditionally
approved upon Mr. Limbaugh's motion, Ms. Wulfers' second and the following votee
Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none.
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The plans for the extension of the water distribution system to serve the Bruening
property on Dixie Street were approved upon Mr. Gateley's motion, Mr. Spradling's
second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
The plans for the extension of the water distribution system to serve the Brown property
on Jasmine Lane were approved upon Mr. Gateley's motion, Ms. Wulfers' second and
the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling,
Wulfers. Nays, none.
The preliminary plat for Court I Subdivision was approved upon Ms. Wulfers' motion,
Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh,
Rhodes, Richards, Spradling, Wulfers. Nays, none.
The specifications and bid documents for solid waste hauling and disposal contract were
approved upon Dr. Kasten's motion, Ms. Wulfers' second, and the following vote:
Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none.
An Original Package Liquor, Sunday Sa1es License for Midwest Energy, Inc., d/b/a
Amerimart #5, 865 North Kingshighwa�, Cape Girardeau, Missouri, Laura Burris
Younghouse, Managing Officer, was conditionally 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. 93-212 was given first reading as follows:
AN ORDINANCE AMENDING 5CHEDULE F OF SECTION 26-247 OF THE CITY
CODE, ESTABLISHING NO PARKING ON EMERALD STREET, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 93-212 was approved upon Mr. Gateley's motion, Ms.
Wulfers' second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richards (abstain), Spradling, Wulfers. Nays, none.
The improvements for the sanitary trunk sewer improvements for Upper Cape La Croix
Sewer System Phase IV, Section I, Project Number L00401W0, were accepted and the
final payment to Emery Sapp & Sons, Inc. was authorized upon Mr. Spradling's motion,
Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh,
Rhodes, Richards, Spradling, Wulfers. Nays, none.
The street improvements in Clarkton Subdivision Phase III were accepted and partial
release of escrow was authorized upon Mr. Gateley's motion, Ms. Wulfers' second, and
the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling
(abstain), Wulfers. Nays, none.
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BILL NO. 93-213 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT WITH THE FEDERAL AVIATION ADMIIVISTRATION FOR AN
AIRCRAFT RESCUE FIREFIGHTING VEHICLE AT THE CAPE GIRARDEAU
MUIVICIPAL AIRPOR�:
The reading of BILL NO. 93-213 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. 93-213 is
RFSOLLTTTON NO. 860.
BILL NO. 93-214 was presented as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT WITH THE FEDERAL AVIATION ADMIIVISTRATION FOR
IMPROVEMENTS AT THE CAPE GIRARDEAU MUIVICIPAL AIRPORT
The reading of BILL NO. 93-214 was approved and the resolution adopted upon Mr.
Gateley's motion, Mr. Richards' second and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes, Richazds, Spradling, Wulfers. Nays, none. BILL NO. 93-214 is
RESOLUTION NO. 861.
BILL NO. 93-210 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH J. W. STRACK CONSTRUCTION FOR DEMOLITION OF
STRUCTURES ON SOUTH BENTON STREET
The reading of BILL NO. 93-210 was approved and the resolution 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-
210 is RFSOLiTTION NO. 862.
BILL ON. 93-211 was presented as follows:
A RESOLUTTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH J. W. STRACK CONSTRUCTION FOR DEMOLITION OF
STRUCTURES ON LAURA STREET
The reading of BILL NO. 93-211 as 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. 93-211 is
RFSOLUTION NO. 863.
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There being no further business before the Council, the meeting was adjourned upon Mr.
Gateley's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none.
>
_.�..
G�l /
Francis E. Rhodes, Mayor
A
�
Gayle . Conrad, Deputy City Clerk
!
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Proceedings of the City Council, City of Cape Girardeau, Mo.
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