HomeMy WebLinkAboutCouncil.Minutes.12-06-1993.Regular 297
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SQSSIOII December 6 19 93
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REGULAR SESSION - DECF.MBER 6, 1993
Council convened in regular session on Monday, December 6, 1993, at 7:30 p.m. with
Mayor Pro Tem David Limbaugh presiding and Council Members Melvin Gateley, Doug
Richards, A1 Spradling III, and Mary Wulfers present. Mayor Gene Rhodes and Melvin
Kasten were absent.
Prior to the regular session, council convened in Executive Session for purposes of
discussing real estate issues upon Mr. Spradling's motion, Mr. Richards' second, and the
following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none.
The invocation was presented by Rev. Scott Moon of the Wesley House, and the Pledge
of Allegiance was recited.
The minutes from the November 15, 1993, Regular and Executive Sessions were
approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote:
Ayes, Gateley, L'unbaugh, Richards, Spradling, Wulfers. Nays, none.
The agenda was adopted as distributed to the Council upon Mr. Gateley's motion, Mr.
Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
This being the date set for a public hearing on pmposed amendments to the Zoning
Ordinance to allow residential uses in M-1, Light Industrial Districts, with special use
permits, the hearing was opened. Ms. 5elma Crisler appeared in favor of Bill No. 93-
270, an Ordinance amending Chapter 30 of the City Code relating to zoning, and Bill
No. 93-272, an Ordinance granting a special use permit to Selma M. Crisler for purposes
of maintaining and operating an existing building for a residential use at 624 Commercial
Street. There being no further appearances, the hearing was closed.
This being the date set for a public hearing regarding the request of Selma M. Crisler
for a special use permit for a residential use at 624 Commercial Street in an M-1, Light
Industrial District, the hearing was opened. There being no appearances, the hearing was
closed.
BILL NO. 93-270 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO
ZO1vING
The first reading of BILL NO. 93-270 was approved upon Mr. Spradling's motion, Mr.
Gateley's second, and the following vote: Ayes, Gateley, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 93-272 was given first reading as follows:
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AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SELMA M. CRISLER
FOR PURPOSES OF MAINTAINING AND OPERATING AN EXISTTNG BUILDING
FOR A RFSIDENTIAL USE AT 624 COMMERCIAL STREET, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 93-272 was approved upon Mr. Gateley's motion, Mr.
Spradling's second, and the following vote: Ayes, Gateley, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
This being the date set for a public hearing regarding the request of Bible Missionary
Church for a special use permit to construct a new residence on the same property where
the church and parsonage are currently located at 2885 Hopper Road in an R-1, Single
Family Residential District, the hearing was opened. Rev. Robert Owens, Pastor of
Bible Missionary Church, appeared in favor of Bill No. 93-271, an ordinance granting
a special use permit to Bible Missionary Church for purposes of constructing,
maintaining and operating a new parsonage residence at 2885 Hopper Road. There being
no further appearances, the hearing was closed.
BILL NO. 93-271 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO BIBLE MISSIONARY
BAPTTST CHURCH FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND
OPERATING A NEW PARSONAGE RESIDENCE AT 2885 HOPPER ROAD, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 93-271 was approved upon Mr. Gateley's motion, Ms.
Wulfers' second, and the following vote: Ayes, Gateley, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
This being the date set for a public hearing regarding the request of TCI Cablevision of
Missouri, Inc. for a six month extension of its franchise for operation of a cable
television system in the City of Cape Girardeau, the hearing was opened. Mr. Tom
Karnes, attorney-at-law, appeared before the Council. He stated he is a resident of
Stonebridge Subdivision, which was annexed to the City approximately two years ago.
To date the subdivision has not received cable service through TCI as is required under
City Code. He questioned when the subdivision would be provided cable service, and
requested that the franchise not be extended until this question is answered. There being
no further appearances, the hearing was closed.
BILL NO. 93-281 was given first reading as follows:
AN ORDINANCE EXTENDING THE TERM OF FRANCHISE ORDINANCE NO.
1274, PASSED DECEMBER 7, 1977, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
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Mr. Spradling made a motion, seconded by Mr. Richards, that the first reading of Bill
No. 93-281 be tabled to the December 20, 1993, City Council agenda. The motion was
approved upon the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling,
Wulfers. Nays, none.
Mr. Steve Strom, developer of Northfield 15th Subdivision, appeared before the Council
in support of the following: BILL NO. 93-276, an Ordinance establishing the boundaries
of Lateral Sewer District No. 14-0-1; a motion approving the improvement plans for
Northfield 15th; a motion approving the preliminary plat of Northfield 15th; and a
motion approving plans for the extension of the water distribution system to serve
Northfield 15th.
BII.L NO. 93-276 was given first reading as follows:
AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER
DISTRICT NO. 14-0-1, A SUBDIVISION OF LATERAL SEWER DISTRICT NO. 14-
0, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A
SYSTEM OF SAIVITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO.
14-0-1, iJNDER A PRIVATE CONTRACT 5UBJECT TO CERTAIN PROVISIONS,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of Bill No. 93-276 was approved, and the improvement plans for street
and storm sewer construction for Northfield Fifteenth Subdivision were approved, upon
Mr. Spradling's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley,
Limbaugh, Richards, Spradling, Wulfers. Nays, none.
The preliminary plat of Northfield Fifteenth Subdivision was approved upon Mr.
Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley,
Limbaugh, Richards, Spradling, Wulfers. Nays, none.
The plans for extension of the water distribution system to serve Northfield Fifteenth
Subdivision were approved upon Mr. Gateley's motion, Ms. Wulfers' second, and the
following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none.
Mr. Gateley made a motion, seconded by Mr. Richards, that the following time schedule
be established to receive public input on excursion riverboat gambling development:
Monday, December 20, 1993, 5:30 p.m.; Monday, January 3, 1994, 5:30 p.m.; and
Monday, February 7, 1994, 5:30 p.m. The motion was approved upon the following
vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none.
� Rev. William Burke appeared before the Council on behalf of the Ministerial Alliance
and indicated he would like to be a part of the public forum scheduled for December 20
to discuss the riverboat gambling issue.
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Regarding the question of residency for an individual who has filed for City Council
Ward 6, Mr. Spradling made a motion, seconded by Ms. Wulfers, to defer determination
to the city staff whether or not the candidate is eligible to run under the terms of the City
Charter. The motion was approved upon the following vote: Ayes, Gateley (abstain),
Limbaugh, Richards, Spradling, Wulfers. Nays, none.
Ms. Wulfers made a motion, seconded by Mr. Spradling, that the City Manager write
a letter of introduction to all riverboat gambling developers throughout the country to
entice them to visit Cape Girardeau and submit a bid proposal, in order to help increase
the number of potential bidders and improve the quality of bids received. The motion
was approved upon the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling,
Wulfers. Nays, none.
Regarding Bill No. 93-274, an Ordinance amending Chapter 22 of the City Code relating
to solid waste fees, Mr. Gateley made a motion, seconded by Mr. Spradling, that the
first reading of this Bill be postponed until December 20, 1993, and that it be placed on
the agenda at that time as a public forum. Also, the staff should prepare background
information for the meeting covering closure and post closure plans for the landfill, cost
analysis of this plan as well as the solid waste program, federal mandates, other funding
methods and additional information relative to this subject. The motion was approved
upon the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers.
Nays, none.
Mr. Doug Leslie announced that a draft Request for Proposal for excursion riverboat
gaming had been given to the Council in their agenda packet, and copies are available
for the public.
Mr. Limbaugh announced that pursuant to the City Council's joint meeting with the
Board of Appeals, Mr. Warren Wells, City Attorney, will revise the minimum housing
standards as discussed with the Board of Appeals and present a draft to the Council
within 30 days.
The following bills were given second and third readings:
BILL NO. 93-262 AN ORDINANCE ESTABLIS�IING TI� BOUNDARIES OF
LATERAL SEWER DISTRICT NO. 12-PP-6 & 14-L-6, A
SUBDIVISION OF TRUNK SEWER DISTRICT NO. 12-PP &
14-1, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 93-267 AN ORDINANCE ACCFP TING GENERAL WARRANTY
DEEDS FROM BARRY W. BERNHARDT AND LAURIE E.
BERNHARDT; MARIE A. HOWELL, MICHAEL G.
McCRATE, AND CHARLOTTE McCRATE; JOHN RICIiARD
ROBINSON AND JUDITH A. ROBINSON; AND JINNY M.
SCHENIlVIANN; ACCEPTING A TEMPORARY CONSTRUC-
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TION EASEMENT FROM JOHN RICHARD ROBINSON 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
BILL NO. 93-269 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A
SPECIAL TAX BILL FOR THE DEMOLITION OF A
DANGEROUS BUILDING UNDER Tf� PROVISIONS OF
CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY
OF CAPE GIRARDEAU
The second and third readings of BILI.NOS. 93-262, 93-267 and 93-269 were approved
and the ordinances adopted upon Mr. Spradling's motion, Mr. Richards' second, and the
following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none.
BILL NO. 93-262 is ORDINANCE NO. 1453; BILL NO. 93-267 is ORDINANCE NO.
1454; BILL NO. 93-269 is ORDINANCE NO. 1455
BILL NO. 93-277 was given first reading as follows:
AN ORDINANCE ACCEPTING A SEWER EASIIVIENT FROM LILLIAN U.
JOINER, IN CRITES FTRST ADDITION
The first reading of BILL NO. 93-277 was approved upon Mr. Spradling's motion, Mr.
Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 93-278 was given first reading as follows:
AN ORDINANCE ACCFP'TING A QUIT CLAIM DEED FROM DRURY INNS, INC.
FOR CAPE WEST PARKWAY RIGHT-OF-WAY
The first reading of BILL NO. 93-278 was approved upon Mr. Gateley's motion, Mr.
Spradling's second, and the following vote: Ayes, Gateley, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 93-275 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF A RE-SUBDIVISION OF
� LOT 7 OF MT. AUBURN SUBDIVISION NO. 3
The first reading of BILL NO. 93-275 was approved upon Mr. Spradling's motion, Mr.
Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards,
5pradling, Wulfers. Nays, none.
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BILL NO. 93-273 was given first reading as follows:
AN ORDINANCE ACCEPTING GENERAL WARRANTY DEED FROM JOE D.
LOWES AND DEBRA J. LOWES FOR THE CAPE LA CROIX CREEK/WALKER
BRANCH FLOOD CONTROL PROJECT
The first reading of BILL NO. 93-273 was approved upon Mr. Spradling's motion, Mr.
Gateley's second, and the following vote: Ayes, Gateley, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 93-279 was given first reading as follows:
AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM THE MISSOURI
HIGHWAY AND TRANSPORTATION DEPARTMENT FOR RIGHT-OF-WAY FOR
CAPE WEST PARKWAY
The first reading of BILL NO. 93-279 was approved upon Mr. Gateley's motion, Mr.
Spradling's second, and the following vote: Ayes, Gateley, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 93-280 was given first reading as follows:
AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER
DISTRICT NO. 12-C-4, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 12-C,
APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A
5YSTEM OF SAIVITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO.
12-C-4, UNDER A PRIVATE CONTRACT SUBJECT O CERTAIN PROVISIONS, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 93-280 was approved upon Mr. Spradling's motion, Mr.
, Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 93-282 was given first reading as follows:
AN ORDINANCE REAFFIRMING THE ACTION OF TI� CITY COUNCIL
DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE
IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A
CONTRACT TO DO THE WORK, PROVIDING FOR THE PAYMENT OF TI�
WORK, AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BII.LS IN AN
AMOLTNT NOT TO EXCEED $10.00 PER FRONT FOOT IN PAYMENT OF THE
COST OF SAME ON THAT PART OF 5COTTS LANE FROM ITS INTERSECTION
WITH BERTLING STREET NORTH 1112 FEET TO IT TERMINUS AND BRENDA
LANE FROM ITS BEGIIVIVING AT SCOTTS LANE 25 FEET TO ITS TERNIINUS
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
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The first reading of BILL NO. 93-282 was approved, and the improvements to Scotts
Lane, Brenda Lane and the parking lot in Capaha Park were approved, upon Mr.
Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley,
Limbaugh, Richards, Spradling, Wulfers. Nays, none.
BILL NO. 93-283 was given first reading as follows:
AN ORDINANCE REPEALING ORDINANCE NO. 1326 AND AUTHORIZING TFiE
MAYOR TO EXECUTE TWO EASEMENTS FOR HIGHWAY CONSTRUCTION TO
TI-� MISSOURI HIGHWAY AND TRANSPORTATION COMIVIISSION, FOR
IMPROVEMENTS AT TI� INTERCHANGE OF ROUTE I-55 AND RELOCATED
ROUTE 74
The first reading of BILL NO. 93-283 was approved upon Mr. Spradling's motion, Mr.
Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
Mr. Edward E. Calvin was appointed Municipal Judge for the City of Cape Girardeau
for a term expiring December 31, 1998, and the salary of the municipal judge was set
at $2,000 bi-weekly, upon Mr. Spradling's motion, Mr. Richards' second, and the
following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none.
Dr. Melvin Kasten was appointed to the Board of Directors of the Cape Girardeau Area
Industrial Recruitment Association for a term expiring December 31, 1994, upon Mr.
Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley,
Limbaugh, Richards, Spradling, Wulfers. Nays, none.
The January 17, 1993, City Council meeting was changed to January 19, 1993, due to
the Martin Luther King Jr. Holiday, and the February 21, 1993, City Council meeting
was changed to February 23, 1993, due to the President's Day Holiday, upon Mr.
Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley,
Limbaugh, Richards, Spradling, Wulfers. Nays, none.
The annual city audit for fiscal year ending June 30, 1993, prepared by Earley, Janssen,
Begley and Company, was approved upon Mr. Spradling's motion, Mr. Richards'
second, and the following vote: Ayes, Gateley, Limbaugh, Richards, Spradling,
Wulfers. Nays, none.
The water main extension and sanitary sewer improvements to serve the Bruening
property on Dixie Street were accepted into the City's system upon Mr. Gateley's
motion, Mr. Spradling's second, and the following vote: Ayes, Gateley, Limbaugh,
Richards, Spradling, Wulfers. Nays, none.
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The water main extension to serve Lowes Home Center was accepted into the City's
system upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote:
Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none.
The water main extension to serve Ashland Hills Eighth Subdivision was accepted into
the City's system upon Mr. Gateley's motion, Mr. Richards' second, and the following
vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none.
The improvement plans for the street and sidewalk improvements for Lacey Street were
approved upon Mr. Spradling's motion, Mr. Richards' second, and the following vote:
Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none.
Mr. Spradling made a motion, seconded by Ms. Wulfers, to file the recommendation of
the Planning and Zoning Commission to deny the request from Pauline L. Suttles for a
special use permit for a mobile home at 1015 North Spanish Street in an R-2, single
family residential district. The motion was approved upon the following vote: Ayes,
Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none.
The plans for the extension of the water distribution system to serve the Gwenn Frietag
property located along County Road 620, north of the Route W/County Road 620
intersection, were approved upon Mr. Gateley's motion, Mr. Richards' second, and the
following vote: Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none.
The improvements to the Public Works Recycling Center were accepted and final
payment to E.R. Thompson Construction, Inc. was authorized upon receipt of fmal lien
waivers upon Mr. Spradling's motion, Ms. Wulfers' second, and the following vote:
Ayes, Gateley, Limbaugh, Richards, Spradling, Wulfers. Nays, none.
The Essential Air Service Program for the municipal airport was approved upon Mr.
Gateley's motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley,
Limbaugh, Richards, Spradling, Wulfers. Nays, none.
The improvement plans for the extension of Abbey Road were approved upon Mr.
Spradling's motion, Mr. Richards second, and the following vote: Ayes, Gateley,
Limbaugh (abstain), Richards, Spradling, Wulfers. Nays, none.
Mr. Gateley presented to the City a plaque on behalf of the Bicentennial Commission.
Mr. Gateley made a motion, seconded by Mr. Spradling, directing city staff to prepare
a letter to Martha Bender, Chainman of the Bicentennial Commission, commending the
Commission for the work they have done to help celebrate the bicentennial of Cape
Girardeau. The motion was approved upon the following vote: Ayes, Gateley,
Limbaugh, Richards, Spradling, Wulfers. Nays, none.
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There being no further business, the Council adjourned upon Mr. Spradling's motion,
Mr. Richards' second, and the following vote: Ayes, Gateley, Limbaugh, Richards,
Spradling, Wulfers. Nays, none.
� �; � , :Gm�ic�� �
David S. Limbaugh, Mayor o Tem
�Zc,
ayle . Conrad, Deputy City Clerk
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