HomeMy WebLinkAboutCouncil.Minutes.11-15-1993.Regular 283
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $@SSIOft Nov _mb _r 15 i 9 9�_
SLL.13703
REGULAR SESSION - NOVEMBER 15, 1993
Council convened in regular session on Monday, November 15, 1993, at 7:30 p.m. with
Mayor Francis E. Rhodes presiding and Council Members Melvin Gateley, Melvin
Kasten, David Limbaugh, A1 Spradling III, and Mary Wulfers present. Doug Richards
was absent.
Prior to the regular session, Council convened in Executive Session for purposes of
discussing personnel issues upon Mr. Spradling's motion, Dr. Kasten's second, and the
following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays,
none.
The Invocation was presented by Rev. Kim Ferguson, Cornerstone Assembly Church,
and the Pledge of Allegiance was recited.
The minutes from the November 1, 1993, Regular and Executive Sessions and the
November 9, 1993, 5pecial Session were approved upon Mr. Spradling's motion, Dr.
Kasten's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none.
The agenda was adopted as distributed to the Council upon Mr. Gateley's motion, Mr.
Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none.
Mr. Calvin Wells appeared before the Council in opposition to Bill No. 93-252, an
Ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of
2011-2019 Perryville Road from R-1 to C-1. Mr. Howard Miller appeared before the
Council on behalf of Harold Werner in favor of Bill No. 93-252, stating that the lot on
Perryville Road is not suitable for residential development
Dr. Micbael Wulfers appeared before the Council requesting that when a contract is
entered into for a riverboat gambling company, that a stipulation be placed in the contract
that a percentage of gross receipts be applied towards the treatment of pathological
gambling and other disorders that may come about due to gambling.
Mr. Hugh Stone appeared representing the Gibson Recovery Center. He stated that the
Center is ready to submit a proposal for counseling and treatment of people with
disorders brought about by riverboat gambling. He submitted to the Council a Synopsis
from the Gibson Recovery Center, which is attached hereto and made a part of these
minutes (Exhibit A).
Rev. Roy Jones of the Ministerial Alliance appeared before the Council expressing his
concerns about the impact of riverboat gambling on the community, and stated that the
Ministerial Alliance would like to be a part of the process. Mayor Rhodes explained that
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Regular $@SSIOCI November 15 19 93
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it was the consensus of the Council to hold a public hearing one time per month at the
regularly scheduled Council study session to receive input on the issue from citizens.
Mr. David Knight appeared before the Council on behalf of the "Yes Group" requesting
the process to obtain a riverboat gambling company be implemented at an accelerated
rate because the Gaming Commission will soon be issuing licenses for riverboat gambling
companies in Missouri.
Mr. Scott Bechtold appeared before the Council and requested the following related to
riverboat gambling: 1) that billboard advertising for riverboat gambling be limited; 2)
that entertainment on the boat be regulated; and 3) that persons on public aid not be
allowed to enter the boat as a passenger.
Mr. Harold Kuehle appeared before the Council representing Grace United Methodist
Church in opposition to the conditional approval of a liquor license for Howard Glenn
Kinder, 7r. at 1865 Broadway. Mr. Kuehle submitted a letter to the Council on behalf
of the church, which is attached hereto and made a part of these minutes (Exhibit B).
Mr.Malcolm Montgomery, Attorney-at-Law, appeared before the Council representing
Howard Glenn Kinder, Jr., in favor of the conditional approval of a liquor license for
Howard Glenn Kinder, Jr. at 1865 Broadway.
Ms. Debra Willis, Community Action Chairman for the National Association for the
Advancement of Colored People, appeared before the Council regarding a minimum
property maintenance code for the city. She stated that the amendments proposed by the
Council would be better off left out because they take out the enforcement regulations
of the code. Mayor Rhodes directed the staff to schedule a joint meeting with the Board
of Appeals within the next two weeks to discuss minimum property standards.
The following bills were given second and third readings:
BILL NO. 93-251 AN ORDINANCE AMENDING SCHEDiTLE C OF SECTION
26-121 OF THE CITY CODE, BY PLACING A STOP SIGN ON
STEVENS DRIVE AT LEXINGTON AVENUE, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
BILL NO. 93-254 AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO
HOWARD E. METI�NY AND LINDA METFiENY, FOR
PURPOSES OF MAINTAII�ING AND OPERATING A
BUSINESS OFFICE WITH ONE EMPLOYEE AT 2541
RANCHITO DRIVE, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
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BILL NO. 93-258 AN ORDINANCE VACATING THE CITY'S INTERFST IN A
SEWER EASEMENT IN NORTHFIELD THIIZTEENTH
SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 93-256 AN ORDINANCE REPEALING ORDINANCE NO. 1430 AND
AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES
RFi"ATING TO TAMPERING WITH EQUIPMENT OR
APPURTENANCES OF THE SEWAGE WORKS
BILL NO. 93-257 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF
LATERAL SEWER DISTRICT NO. 14-2-E, A SUBDIVISION
OF TRUNK SEWER DISTRICT NO. 14-2, APPROVING TI�
PLANS AND AUTHORIZING TI� CONSTRUCTION OF A
SYSTEM OF SAIVITARY LATERAL SEWERS IN LATF T.
SEWER DISTRICT NO. 14-2-E, UNDER A PRIVATE
CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
The second and third readings of BILL NOS. 93-251, 93-254„ 92-258, 93-256 and 93-
257, were approved and the ordinances adopted upon Mr. Spradling's motion, Ms.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none. BILL NO. 93-251 is ORDINANCE NO. 1448. BILL
NO. 93-254 is ORDINANCE NO. 1449. BILL NO. 93-258 is ORDINANCE NO. 1450.
BILL NO. 93-256 is ORDINANCE NO. 1451. BILL NO. 93-257 is ORDINANCE NO.
1452.
BILL NO. 93-252 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 ZOrTING OF
2011-2019 PERRYVILLE ROAD, CITY AND COUNTY OF CAPE GIl2ARDEAU,
MISSOURI, FROM R-1 TO C-1
After discussion, the first reading of BILL NO. 93-252 was not approved upon the
following vote: Ayes, Spradling. Nays, Gateley, Kasten, Limbaugh, Rhodes (abstain),
Wulfers.
BILL NO. 93-262 was given first reading as follows:
AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER
DISTRICT NO. 12-PP-6 AND 14-L-6, A SUBDIVISION OF TRLTNK SEWER
DISTRICT NO. 12-PP AND 14-L, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
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Proceedings of the City Council, City of Cape Girardeau, Mo.
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The first reading of BILL 93-262 was approved upon Mr. Spradling's motion, Dr.
Kasten's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none.
BILL NO. 93-267 was given first reading as follows:
AN ORDINANCE ACCEPTING GENERAL WA►IZRANTY DEEDS FROM BARRY W.
BERNHARDT AND LAURIE E. BERNHARDT; MARIE A. HOWELL, MICHAEL
G. McCRATE, AND CHARLOTTE McCRATE; JOHN RICHARD ROBINSON AND
JUDITH A. ROBINSON; AND JINNY M. SCHENIMANN; ACCEPTING A
TEMPORARY CONSTRUCTION EASEMENT FROM JOHN RICHARD ROBIN50N
AND JUDITH A. ROBINSON; AND ACCEPTING A QUIT CLAIM DEED FROM
ROBERT D. SCHENIMANN FOR THE CAPE LA CROIX CREEK/WALKER
BRANCH FLOOD CONTROL PROJECT
The first reading of BILL NO. 93-267 was approved upon Mr. Spradling's motion, Mr.
Gateley's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none.
Mr. Gateley made a motion, seconded by Dr. Kasten, to authorize City staff to proceed
with solicitation of proposals and selection regarding applicants for license for excursion
gambling boat in the City of Cape Girardeau as outlined in Council Letter No. 387. The
motion was approved upon the following vote: Ayes, Gateley, Kasten, Limbaugh,
Rhodes, Spradling, Wulfers. Nays, none.
BILL NO. 93-265 was presented as follows:
A RESOLUTION ADOPTING THE SOLTTHEAST MISSOURI SOLID WASTE
MANAGEMENT DISTRICT'S SOLID WASTE MANAGEMENT PLAN AND
IMPLEMENTATION TIlVIETABLE
The reading of BILL NO. 93-265 was approved and the resolution adopted upon Mr.
Spradling's motion, Dr. Kasten's second and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 93-265 is
RFSOLU'TION NO. 881.
BILL NO. 93-264 was presented as follows:
A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING
INTENT TO SEEK FUNDING THROUGH THE U. S. ECONOMIC DEVELOPMENT
ADMIIVISTRATION UNDER THE TITLE IX SPECIAL ECONOMIC
DEVELOPMENT AND ADJUSTMENT ASSISTANCE PROGRAM, AND
AUTHORIZING THE CITY MANAGER TO PUR5UE ACTIVITIES IN AN
ATTEMPT TO SECURE FUNDING
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SeSSIOtI November 15 1 g 93
SLL.13703
The reading of BILL NO. 93-264 was approved and the resolution adopted upon Mr.
Spradling's motion, Dr. Kasten's second and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 93-264 is
RE50LUTTON NO. 882.
BILL NO. 93-266 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH SVERDRUP ENVIRONMENTAL, INC. FOR CONDITION
AND REUSE EVALUATION SERVICES OF THE FORMER ST. FRANCIS
HOSPITAL
The reading of BILL NO. 93-266 failed due to lack of a motion.
BILL NO. 93-268 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AIRPORT CONTRACT AND CONCESSION AGREEMENT WITH HOWARD
WILLIAMS, D/B/A ACE RENT A CAR, FOR SPACE AT THE MUI�TICIPAL
AIRPORT
The reading of BILL NO. 93-268 was approved and the resolution adopted upon Mr.
Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley,
Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays, none. BILL NO. 93-268 is
RESOLUTION NO. 883.
Mr. Cordell Dombrowski was appointed to the Show Me Center Board of Managers for
a term expiring November 29, 1996, upon Mr. Gateley's motion, Mr. Spradling's
second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling,
Wulfers. Nays, none.
Payment of annual membership dues for 1994 to the Solid Waste Management District
R in the amount of $11,999,96 was approved upon Mr. Spradling's motion, Ms.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none.
The plans for the extension of the water distribution system to serve Crites Eighth
Subdivision were approved upon Mr. Spradling's motion, Dr. Kasten's second, and the
following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays,
none.
The plans for the extension of the water distribution system to serve Mount Auburn Fifth
Subdivision were approved upon Dr. Kasten's motion, Mr. Spradling's second, and the
following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling, Wulfers. Nays,
none.
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The extension of the water distribution system to serve Northfield Thirteenth and
Fourteenth Subdivisions was accepted into the City's system upon Mr. Gateley's motion,
Mr. Spradling's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh,
Rhodes, Spradling, Wulfers. Nays, none.
BILL NO. 93-269 was given first reading as follows:
AN ORDINANCE AUTHORIZING TI�ISSUANCE OF A SPECIAL TAX BILL FOR
THE DEMOLITION OF A DANGEROUS BUILDING UNDER THE PROVISIONS OF
CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE
GIRARDEAU
�I The first reading of BILL NO. 93-269 was approved upon Mr. Spradling's motion, Ms.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none.
After discussion, an original package liquor license for Howard Glenn Kinder, Jr., 1865
Broadway, was conditionally approved upon Mr. Spradling's motion, Mr. Limbaugh's
second, and the following vote: Ayes, Kasten, Limbaugh, Rhodes, Spradling, Wulfers.
Nays, Gateley.
After discussion, Mr. Spradling made a motion, seconded by Dr. Kasten, to approve the
request of Evelyn Kee to allow one travel trailer on Lot 23 within Kee's Mobile Home
Park located at 555 South Spring Street. The motion was approved upon the following
vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Spradling. Nays, Wulfers.
There being no further business, the Council adjourned upon Mr. Spradling's motion,
Dr. Kasten's second and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Spradling, Wulfers. Nays, none.
Francis E. Rhodes, Mayor
�
Gayle . Conrad, Deputy City Clerk
= Exhibit A
. 289
- :.,;.�,�•�- , ,. � . -
� SYNOPSIS
1. 0 The Gibson Recovery Center, Inc. proposes to take -a
leadership role in developing a case management plan to
provide treatment and referral for psychiatric disorders
associated with gaming activities, i.e. Impulse Control
Disorders, other family problems including domestic
violence, marital problems, substance abuse disorders and
possibly crimin�l activities.
2. 0 The City Council has the opportunity to incorporate a
contracting mechanism with the gaming corporation to
dedicate a percentage of gaming entertainment revenues to
treatment . In order to ensure the adequate protection of
its citizens and show leadership responsibility in _forming a
partnership to ensure the well being of regional citizens.
3 .0 A comprehensive menu should include the fo].lowing elements :
3 . 1 Case Management.
3 . 2 Crisis Intervention.
3 .3 Emergency funds for purchase of temporary shelter.
3 .4 Funds for transportation to home area.
3 . 5 Suicide Prevention.
3 . 6 Assessment.
3 . 7 Counseling.
3 . 8 Family Counseling.
3 . 9 Educational �Process
4 . 0 Self Help Group (s) .
4 .0 The above menu items would be used as individually needed,
when needed. Prevention menu items will be chosen by the
client and case manager as indicated by the assessment.
Confidentiality and professional quality services will be
essential . Along with placement of services that are easily
assessable but discrete.
4 .1 Financial :
a4
�- 4 . 1 . 1 Budgeting counseling.
4 . 1 .2 Debt Service.
290
_ :.�,,, - �.� . , .
5.0 Accountability: �
5 .1 O�rersight by City Council or their�appointees, - .
5 .2 Pre and Post evaluation of treatment, cycle.
. � �5 .3 Evaluation of quality and quantity and satisfaction of `
service. , � �
5 .4 Annual independent financial audit of use of the funds. �
6. 0 Gibson Recovery Center, Inc. would submit a contract plan �
including provisions and development of service, management,
the use of Iocal resources for treatment and evaluation.
�
� � �
4
�� � Exhibit B
291
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. Dear Members of Cape Girardeau City Council: - .
Grace United Methodist Church's Administrative Council in
regular session November 14, 1993, requested our Lay Delegate to
Annual Conference, Harold Kuehle, represent us at the meeting of
the City Council on Monday, November 15, 1993. Mr. Kuehle wi11
be present in response to the request the City Council has
received for a liquor license hy the owner of the business,
formerly "Backyard Barbecue," at the corner of Broadway and
Caruthers. ���}-�����f��
Thank you for notifying us of this application and giving us
the opportunity to respond.
With you, we are supportive of all that wi11 benefit o�r
community. ,
We do not support the licensing of liquor sales at this
location for the following reasons:
1) The intersection is a high traffic corner and is difficult to
maneuver at times due to the irregular pattern; heavy congestion
could result during peak traffic, particulaxly if extra turn
lanes are used.
2) The entrance and exit are dangerous; exits wi11 cross three
traffic lanes and may cause traffic accidents.
3) If the business requires an entrance from Broadway, a delayed
traffic Zight signal would further hinder the flow of Broadway
Street traffic.
4) The business does not have adequate parking for customers.
5) The location is very close to two churches, three schools, and
a child care facility.
6) Several establishments which se11 liquor are already on
Broadway Street.
7) We foresee a potential problem with their customers cutting
through our parking 1ot to avoid the traffic lights both entering
and exiting the business and loitering on our parking 1ot
afterward.
Exhibit B
292 �
- In suum�ary, this particular corner, which �s already heavily
trav2led and at times congested with young people, could possibZy
be one of the most restricted intersections in Ca�e'Girardeau. A
business whieh se11s liquor and/or alco�olic �riiiks` should not be �
located near schools and churches. Adding a husiness that would �
lend itself to persons who would or could be influenced mentally � �
and/or physically_by alcohol would not be in the best interest of �
the residents of our couanunity. •
We appreciate your thoughtful consideration in this matter.
Sincerely,
Rev. Brnest Swartz
Pastor
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