HomeMy WebLinkAboutCouncil.Minutes.10-04-1993.Regular 242
Proceedings of the City Council, City of Cape Girardeau, Mo.
REGULAR S2SSIOt1 October 4 19 �_
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REGULAR SESSION - OCTOBER 4, 1993
Council convened in regular session on Monday, October 4, 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 personnel and real estate acquisition upon Mr. Richards' motion, Dr. Kasten's
second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
The Invocation was presented by James Caughlan, Pastor, Evangelical United Church
of Christ, and the Pledge of Allegiance was recited.
The minutes from the September 20, 1993, Regular Session were approved as amended,
and the September 16, 1993, Special Session were approved upon Ms. Wulfers' motion,
Mr. Limbaugh's 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, Mr.
5pradling'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 Clyde A. and
Dorothy M. McDonald for a special use permit for a recycling center at 80 North
Broadview Street, the hearing was opened. Mr. Bill Sides of Sides Steel Supply
appeared before the City Council and stated he will be leasing the building at this
location from Mr. and Mrs. McDonald. There being no further appearances, the hearing
was closed.
This being the date set for a public hearing regarding the request of First Assembly of
God Church for a special use permit for a church sign at 750 Mount Auburn Road, 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 William �-I. and
Betty J. Kuss, 7ames H. and Rita V. Kuss, Joseph R. and 7oNea1 G. Kuss, and Chazles
P. and Laura A. McGinty to rezone property in the 2800 block of William Street (Route
K) from R-1 to R-4 and C-2, the hearing was opened. Mr. Thomas L. Meyer appeared
before the Council in support of the rezoning request. The McGinty and Kuss families
have reached an agreement restricting the placement of a funeral home at this site and
i have agreed to a 2500' green belt running north and south on the east line of the tract
� of land. Mr. C.R. Talbert appeared before the Council in opposition to the zoning
� request. Mr. Talbert objected to placing this commercial area in a residential district and
to the types of projects that could be put in this area under a C-2 zoning classification.
In addition, he was concerned with putting another exit onto Route K due to the heavy
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Reqular $QSSIOII October 4 19 93
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traffic. Mr. John Sander appeared before the Council on behalf of his mother in
opposition to the zoning request.
This being the date set for a public hearing regarding the request of Finley Burke for a
special use permit for a mobile home at 2822 Big Bend Road, the hearing was opened.
Mr. Finley Burke appeared before the Council and stated that his house at this address
had sustained 90 percent damage from the flood and was torn down; therefore, he is
requesting a mobile home for this site. There being no further appearances, the hearing
was closed.
Mr. Keith Deimund appeared before the Council in favor of approval of the preliminary
plat of Mt. Auburn Subdivision No. 6. The preliminary plat of Mt. Auburn Subdivision
No. 6 was approved upon Mr. Spradling's motion, Mr. Gateley's second, and the
following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling,
Wulfers. Nays, none.
Ms. Debra Willis, 418 Themis, Apt. 6, appeared before the Council to bring to their
attention unwritten policies of the City regarding the payment of water bills for rental
units. If the owner of a rental unit does not pay the water/sewer/trash bill, the water can
be disconnected for all tenants in the unit. If this is the policy of the city, then she felt
that all tenants should be notified before the water is shut off instead of just the landlord
being notified. After discussion, Mr. Limbaugh made a motion, seconded by Dr.
Kasten, that a policy be implemented whereby each tenant in a rental unit be given a five
day notice before the water is disconnected for the unit. The motion was approved upon
the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling,
Wulfers. Nays, none.
Mr. Doug Richards requested that discussion and/or approval of Police Chief Butch
Boyd's recommendation that was presented in the study session be placed on the
November 18 City Council agenda. In addition, he requested that city staff prepare for
that meeting a report indicating the financial impact to the city of hiring two additional
police officers on April 1, 1994, and the financial impact if they were hired on January
l, 1994.
Mayor Gene Rhodes announced that the Delta Queen will be docking in Cape Girardeau
on October 11 from 9:00 a.m. to 12:00 noon. Representatives of the TNN television
station will be on the boat and will tour the historical sites in Cape Girardeau.
Mr. David Limbaugh stated he and other City Council members had received
correspondence that Mr. Roger Harms of TCI Cablevision had sent to City Attorney
Warren Wells in response to Mr. Robert Penrod's request for cable service in
Stonebridge Subdivision. Mr. Limbaugh made a motion, seconded by Mr. Gateley, that
City staff prepare a letter to Roger Harms requesting that TCI Cablevision comply with
the cable franchise agreement and provide cable service in a tunely manner to
Stonebridge Subdivision. The motion was approved upon the following vote: Ayes,
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSiOn October 4 19 �_
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Gateley, Kasten, Limbaugh, Richards, Spradling, Wulfers. Nays, none. Rhodes
abstained for financial reasons.
BILL NO. 93-220 was given second and third readings as follows:
AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY
CODE, FSTABLISHING A 25 MILE PER HOUR SPEED LIlVIIT IN TWIN LAKES
SUBDIVISION ON NORTH LAKE DRIVE, SOUTH LAKE DRIVE, EAST LAKE
DRIVE, RED BUD DRIVE, LEWIS DRIVE, DOGWOOD DRIVE AND TWIN LAKE
COURT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Ms. Wulfers made a motion, seconded by Mr. Gateley, to amend BILL NO. 93-220 by
changing Red Bud Drive to Garnet Lane, and changing Dog Wood Drive to Rockport
Drive. The motion was approved upon the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-220 was
approved as amended and the Ordinance adopted upon Ms. Wulfers' motion, Mr.
Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-220 is ORDINANCE NO.
1427.
BILL NO. 93-221 was given second and third readings as follows:
AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY
CODE, BY PLACING STOP SIGNS IN TWIN LAKES SUBDIVISION ON TWIN
LAKES COURT, HOPPER ROAD, NORTH LAKE DRIVE, RED BUD DRIVE,
DOGWOOD DRIVE, LEWIS DRIVE AND EAST LAKE DRIVE, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
Ms. Wulfers made a motion, seconded by Mr. Gateley, to amend BILL NO. 93-221 by
changing Red Bud Drive to Garnet Lane, and changing Dog Wood Drive to Rockport
Drive. The motion was approved upon the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-221 was
approved as amended and the Ordinance adopted upon Ms. Wulfers' motion, Mr.
Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-221 is ORDINANCE NO.
1428.
The following bills were given second and third readings:
BILL NO. 93-218 AN ORDINANCE VACATING THE CITY'S INTEREST IN A
PORTION OF FRANK AVENUE, IN THE CITY OF CAPE
� GIRARDEAU, MISSOURI
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BILL NO. 93-223 AN ORDINANCE AMENDING CHAPT'ER 29 OF THE CODE
OF ORDINANCES RELATTNG TO TAMPERING WITH
EQUIPMENT OR APPURTENANCES OF THE SEWAGE
WORKS
BILL NO. 93-225 AN ORDINANCE ACCEPTING THREE EASEMENTS FROM
CAPE RETIItEMENT COMMUIVITY, INC. FOR EXTENSION
OF A WATER DISTRIBUTION SYSTEM TO SERVE THE
CHATEAU GIRARDEAU COTTAGE COMPLEX
The second and third readings of BILL NOS. 93-218, 93-223, and 93-225, were
approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Spradling's
second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards,
Spradling, Wulfers. Nays, none. Kasten abstained on Bill No. 93-218. BILL NO. 93-
218 is ORDINANCE NO. 1429. BILL NO. 93-223 is ORDINANCE NO. 1430. BILL
NO. 93-225 is ORDINANCE NO. 1431.
BILL NO. 93-231 was declared an emergency measure 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. 93-231 was given first,
second and third readings as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CLYDE A.
MCDONALD AND DOROTHY M. MCDONALD FOR PURPOSES OF
CONSTRUCTING,MAINTAINING AND OPERATING A RECYCLING CENTER AT
80 NORTH BROADVIEW STREET, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
The first, second and third readings of BILL NO. 93-231 were 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-
231 is ORDINANCE NO. 1432.
BILL NO. 93-230 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO FIRST ASSEMBLY OF
GOD OF CAPE GIRARDEAU, INC., FOR PURPOSES OF CONSTRUCTTNG,
MAINTAIIVING AND OPERATING A SIGN AT 750 MOUNT AUBURN ROAD, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 93-230 was approved upon Mr. Gateley's motion, Mr.
Spradling's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richazds, Spradling, Wulfers. Nays, none.
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Regular $eSS1011 October 4 19 93
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BILL NO. 93-228 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
PART OF THE 2800 BLOCK OF ROUTE K, CITY AND COLTNTY OF CAPE
GIRARDEAU, MISSOURI, FROM R-1 TO R-4 AND C-2
Mr. Spradling expressed his concerns that adding commercial development to this area
will increase the traffic hazards along Route K. Upon questioning by Ms. Wulfers, City
Planner Kent Bratton read from the City Code what types of structures can be placed on
this property if it was zoned commercial. After further discussion, the first reading of
BILL NO. 93-228 was approved upon the following roll call vote: Gateley, aye; Kasten,
nay; Limbaugh, nay; Rhodes, aye; Richards, aye; Spradling, nay; Wulfers, aye.
BILL NO. 93-229 was declared an emergency measure upon Mr. Spradling's motion,
Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh,
Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-229 was given first,
second and third readings as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FINLEY BURKE AND
HILDEGARDE YOUNG FOR PURPOSES OF MAINTAINING AND OPERATING A
MOBILE HOME A5 A RESIDENCE AT 2822 BIG BEND ROAD, IN THE CITY AND
COLTNTY OF CAPE GIRARDEAU, MISSOURI
The first, second and third readings of BILL NO. 93-229 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. BILL NO. 93-.
229 is ORDINANCE NO. 1433.
BILL NO. 93-222 was given first reading as follows:
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
The first reading of BILL 93-222 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. 93-235 was given first reading as follows:
� AN ORDINANCE AMENDING THE CITY CODE RELATING TO PEACE
DISTURBANCE
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Regular SQSSIOn October 4 19 93
SLL.13703
The first reading of BILL 93-235 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. 93-233 was given first, second and third readings as follows:
AN ORDINANCE RENAMING RED BUD DRIVE AND DOG WOOD DRIVE IN
TWIN LAKFS SUBDIVISION, CITY OF CAPE GIRARDEAU, MISSOURI
The first, second and third readings of BILL 93-233 were 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. 93-232 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH ASA ASPHALT, INC. FOR THE IMPROVEMENT OF SCOTTS
LANE, BRENDA LANE AND A PARKING LOT IN CAPAHA PARK
The reading of BILL NO. 93-232 was approved and resolution adopted upon Mr.
Spradling's motion, Ms. Wulfers' second and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Richards, Spradling, Wulfers. Nays, none. Mayor Rhodes abstained for
financial reasons. BILL NO. 93-232 is RFSOLUTION NO. 868.
BILL NO. 93-234 was presented as follows:
A RESOLUTTON DETERNII1vING THE INTENT OF THE CITY OF CAPE
GIRARDEAU, MISSOURI TO REIlVIBURSE ITSELF FROM THE PROCEEDS OF A
BORROWING FOR CERTAIN EXPENDITURES TO BE MADE IN CONNECTION
WITH A CAPITAL IMPROVEMENT PROJECT
The reading of BILL NO. 93-234 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. 93-234 is
RFSOLUTION NO. 869.
BILL NO. 93-236 was presented as follows:
A RESOLUTTON REGARDING STATE AND FEDERALLY MANDATED
GOVERNMENTAL ACTIVITIES
The reading of BILL NO. 93-236 was approved and the resolution adopted upon Dr.
Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 93-236 is
RFSOLUTION NO. 8'70.
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Dr. Kasten was appointed to represent the City of Cape Girardeau, Missouri, in the
delegation to Shaoxing, China, upon Mayor Rhodes motion, Mr. Spradling's second, and
the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling,
Wulfers. Nays, none.
A temporary 5 percent beer by the drink license for Jim Maurer, d/b/a St. Vincent's
Home and School Association, for an event to be held on November 12, 1993, at the A.
C. Brase Arena Building, James D. Maurer, Managing Officer, was approved upon Mr.
Spradling's motion, Mr. Richards' second and the following vote: Ayes, Gateley,
Kasten, Limbaugh, Rhodes (abstain), Richards, Spradling, Wulfers. Nays, none.
A temporary 5 percent beer by the drink license for Southeast Missouri Hospital
Foundation for an event to be held on November 11, 1993, at the Show Me Center, John
C. Stotz, Managing Officer, was approved upon Mr. Limbaugh's motion, Ms. Wulfers'
second, and the following vote: Ayes, Gateley, Kasten (abstain), Limbaugh, Rhodes,
Richards, 5pradling, Wulfers. Nays, none.
A retail liquor by the drink, Sunday sales license for Eateries, Inc., d/b/a Garf'ield's
Restaurant & Pub, 211 West Park Mall, Shannon Michelle Scoper, Managing Officer,
was conditionally approved upon Dr. Kasten's motion, Mr. Spradling's second, and the
following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling,
Wulfers. Nays, none.
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.
. es, May r �„%�
l.�w,�� S'. ���.,,�txugh
Gayl L. Conrad, Deputy City Clerk
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Proceedings of the City Council, City of Cape Girardeau, Mo.
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