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Home My WebLink AboutCouncil.Minutes.03-02-1992.Regular 140 Proceedings of the City Council, City of Cape Girardeau, Mo. �R Session MARCH 2 19 � s...ss�r� REGULAR SESSION - MARCH 2, 1992 Council convened in regular session on Monday, March 2, 1992, at 7:30 p.m. with Mayor Francis E. Rhodes presiding and Council members David Barklage, David Limbaugh, Doug Richards, and A1 Spradling III present. Council member Mary Wulfers arrived at 7:55 p.m. Council member Hugh White was absent. The invocation was presented by Rev. Ed Brasington. i The minutes from the February 20, 1992, Regular Session were approved upon Mr. Barklage's motion, Mr. Spradling's second and the following vote: Ayes, Barklage, Limbaugh, Rhodes, Richards, and Spradling. Nays, none. Mrs. Wulfers was absent when this vote was taken. David Gerlach, appeared before the Council regarding BILL NO 92-41, An Ordinance approving the record plat of Woodland Place Subdivision No. 7. He requested that the ordinance approving the record plat be declared an emergency measure and be given all three readings. BILL NO. 92-41 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF WOODLAND PLACE SUBDIVISION NO. 7 The first reading of BILL NO. 92-41 was approved upon Mr. Spradling's motion, seconded by Mr. Barklage and approved by the following vote: Ayes, Barklage, Limbaugh (abstain), Rhodes, Richards, Spradling. Nays, none. Council member Wulfers was absent when this vote was taken. Mr. Barklage moved and Mayor Rhodes seconded that BILL NO. 92-41 be declared an emergency measure pursuant to Section 3.15, Subsection (a)of the City Charter. Second and third readings of BILL NO. 92-41 were approved and the ordinance adopted upon Mr. Barklage's motion, Mayor Rhodes' second and the following vote: Ayes, Barklage, Limbaugh (abstain), Rhodes, Richards, Spradling. Nays, none. Council member Wulfers was absent when this vote was taken. BILL NO. 92-41 is ORDINANCE NO. 1140. Marshall Shain,attorney, appeared before the Council representing Mike Sprouse, River City Coins, Larry Ward, D & L Coins and Jay Cmsnoe, Crosnoe Jewelry, who are opposed to BILL NO. 92-39, An Ordinance enacting sections of 15-183, 15-184 and 15- 185 of the City Code relating to precious commodities. They are mainly concerned with Section 15-183,Registration of Transactions, Section(a), Subparagraphs 1-6, Section(b), Section (d); Section 15-184, Daily Availablity of Articles for Inspection; and Section 15- 185, Purchasing from Minors. 141 Proceedings of the City Council, City of Cape Girardeau, Mo. REGULAR $@SS1011 MARCH 2 �q 92 , Police Chief Howard Boyd and Detective John Brown, appeared before the Council to give their comments on BILL NO. 92-40, An Ordinance repealing sections 15-179 and 15-180(a) of the City Code and enacting new sections 15-179 and 15-180(a) in lieu thereof and enacting a new section 15-180(c) and (d) of the City Code relating to pawnbrokers and BILL NO. 92-39, An Ordinance enacting sections of 15-183, 15-184, and 15-185 of the City Code relating to precious commodities. Discussion was held between Chief Boyd, Detective Brown and the City Council. � The following people appeared before the Council regarding the ordinances relating to pawnbrokers and precious commodities: i Bob Herbst, Pind's Jewelry, (regarding precious commodities ordinance). � � I Joe Wilson, Money Time Cash Checking and Pawn, (regarding pawnbrokers ordinance sections pertaining to thumbprinting and registering of sales). , Charles Gower, a concerned citizen, (regarding pawnbrokers ordinance). � I I David Creech, Plaza Pawn Shop, (regarding pawnbrokers ordinance). Irene Spinner, Plaza Pawn Shop, (regarding pawnbrokers ordinance pertaining to thumbprinting and registering of sales). ' Shawn Mitchell, Cape Jewelry and Pawn Shop, (regarding pawnbrokers ordinance). BILL NO. 92-40 was given first reading as follows: AN ORDINANCE REPEALING SECTIONS 15-179 AND 15-180 (a) OF THE CITY CODE AND ENACTTNG NEW SECTIONS 15-179 AND 15-180 (a) IN LIEU THEREOF AND ENACTING A NEW SECTTON 15-180 (c) AND (d) OF THE CITY CODE RELATING TO PAWNBROKERS. Mrs. Wulfers moved to approve the first reading of BILL NO. 92-40 and Mr. Limbaugh seconded. Mrs. Wulfers moved to amend BILL 92-40, Section 15-180 (d), by deleting Subparagraphs 2 & 5 and amend Section 15-180 (b) in the existing ordinance to only allow the police department, sheriff's department or highway patrol or any person i authorized in writing for that purpose to inspect the records. Mr. Spradling seconded � the motion. Mr. Limbaugh moved to amend BILL NO. 92-40 by deleting Section 15-180 (d) entirely and Section 15-180 (a), Subparagraph 11. After discussion, Mr. Limbaugh withdrew his � amendment. 142 Proceedings of the City Council, City of Cape Girardeau, Mo. REGULAR $ession MARCH 2 19 _92— ;� After further discussion, Mrs. Wulfers accepted inspection by the Cape Girardeau Police Department or their designee. Mrs. Wulfers and Mr. Spradling withdrew their motion. A motion was made by Mrs. Wulfers, to amend BILL NO. 92-40, Section 15-180 (d), by deleting Subparagraphs 2 & 5. Mr. Barklage seconded the motion. Mr. Barklage stated that he would like to see registering of purchases on higher priced items. Mrs. Wulfers and Mr. Limbaugh both felt this was an invasion of privacy. The motion passed on the following roll call vote: Mr. Barklage, Nay; Mr. Limbaugh, Aye; Mayor Rhodes, Aye; Mr. Richards, Aye; Mr. Spradling, Nay; Mrs. Wulfers, Aye. A motion was made by Mrs. Wulfers, seconded by Mr. Barklage to amend BILL NO. 92-40, by amending Section 15-180 (b) in the existing ordinance to limit inspections to the Cape Girardeau Police Department or their designee. The motion passed on the following roll call vote: Mr. Barklage, Aye; Mr. Limbaugh, Aye; Mayor Rhodes, Aye; Mr. Richards, Aye; Mr. Spradling, Aye; Mrs. Wulfers, Aye. A motion was made by Mr. Limbaugh, seconded by Mr. Spradling to amend BILL NO. 92-40 by deleting Section 15-180 (d) entirely. The motion passed on the following roll call vote: Mr. Barklage, Nay; Mr. Limbaugh, Aye; Mayor Rhodes, Aye; Mr. Richards, Aye, Mr. Spradling, Aye; Mrs. Wulfers, Nay. A motion was made by Mr. Limbaugh, seconded by Mr. Richards to amend BII.L NO. 92-40, by deleting Section 15-180 (a), Subparagraph 11. The motion passed on the following roll call vote: Mr. Barklage, Aye; Mr. Limbaugh, Aye; Mayor Rhodes, Aye; Mr. Richards, Aye, Mr. Spradling, Aye; Mrs. Wulfers, Nay. The first reading of BILL NO. 92-40 as amended failed upon the following roll call vote: Mr. Barklage, Nay; Mr. Limbaugh, Aye; Mayor Rhodes, Nay; Mr. Richards, Aye, Mr. Spradling, Aye; Mrs. Wulfers, Nay. A motion to reconsider the ordinance as amended was approved upon Mr. Barklage's motion, Mrs. Wulfers' second and the following roll call vote: Mr. Barklage, Aye; Mr. Limbaugh, Aye; Mayor Rhodes, Nay; Mr. Richards, Aye; Mr. Spradling, Aye; Mrs. Wulfers, Aye. Discussion was held on the amendments being presented for BII.L NO. 92-40 . It was clarified that sales to minors would not be prohibited but purchasing from them would be prohibited. The first reading of BII.L NO. 92-40 as amended was approved upon the following vote: Ayes, Barklage, Limbaugh, Rhodes, Richazds, Spradling, Wulfers. Nays, none. BILL NO. 92-39 was given first reading as follows: 143 Proceedings of the City Council, City of Cape Girardeau, Mo. REGULAR Session MARCH 2 �9 92 - :, AN ORDINANCE ENACTTNG SECTIONS 15-183, 15-184 AND 15-185 OF THE CITY CODE RELATING TO PRECIOUS COMMODITIES t Mrs. Wulfers moved to approve the first reading of BILL NO. 92-39 and Mr. Barklage seconded. A motion by Mrs. Wulfers, seconded by Mr. Barklage to amend BII.L 92-39, Section 15-183 (b) to make information available to the local Police Department or any other authorized person designated and to also change the typographical enor in this section which refers to pawnbroker was approved upon the following vote: Ayes, Barklage, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. I A motion by Mrs. Wulfers, seconded by Mr. Barklage to amend BILL NO. 92-39 by deleting 15-183 (d), Subparagraphs 2 & 5. The motion failed upon the following roll call vote: Mr. Barklage, Nay; Mr. Limbaugh, Nay; Mayor Rhodes, Aye; Mr. Richards, � Nay; Mr. Spradling, Nay; Mrs. Wulfers, Aye. The first reading of BILL NO. 92-39 as arnended failed upon the following roll call vote: Mr. Barklage, Nay; Mr. Limbaugh, Nay; Mayor Rhodes, Nay; Mr. Richards, Nay; Mr. '! Spradling, Nay; Mrs. Wulfers, Aye. + Mr. Barklage moved and Mr. Spradling seconded that David Ross be appointed to the Convention/Tourism Advisory Board to fill the position left vacant by the resignation of Mr. Narvol Randol. This term will expire January 1, 1995. The motion was approved upon the following vote: Ayes, Barklage, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. The following ordinances were given second and third readings: BILL NO. 92-30 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS FOR THE DEMOLITION OF � DANGEROUS BUII.DINGS UNDER TI� PROVISIONS OF CHAPTER 7 OF TI�CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU BILL NO. 92-29 AN ORDINANCE APPROVING THE EASIIVIENT PLAT, ASHLAND HILLS ESTATES 6TH SUBDIVISION � � I 1 f If 144 Proceedings of the City Council, City of Cape Girardeau, Mo. REGULAR $e551011 MARCH 2 �9 92 sLr,ss�.� BILL NO. 92-32 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM WILLIAM F. SEABAUGH, TRUSTEE; THE HUMANE SOCIETY OF SOUTHEAST MISSOURI; THE CAPE GIRARDEAU CARE CENTER;BARBARA DODD 5HOFF AND RONALD I. SHOFF; SO SIM WII.LIAMS; WILLIAM BRAD JONES AND KATHI R. JONES; GERMAINE L. DAVIS AND GEORGE EUGENE DAVIS; AND BOBBY J. BUSCHE AND SHIRLEY A. BUSCI�E FOR THE UPPER CAPE LA CROIX TRUNK SEWER PHASE 4, SECTION I AND II PROJECT BILL NO. 92-33 AN ORDINANCE ACCEPTTNG GF�—RAi. WA,��tANTY DEEDS FROM THE CAPE GIRARDEAU MASONIC TEMPLE ASSOCIATION; GEORGE KEE AND EVELYN KEE; CLARENCE R. HAERTI ING; TRUSTEE; STUART G. HILL AND MARGUERITE HILL; VERNON E. RHODES AND CAROLE S. RHODES; AND KAREN E. RICE; AND ACCEP'TING A TEMPORARY ACCESS EASIIVIENT FROM VERNON E. RHODES AND CAROLE S. RHODES FOR THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The second and third readings of BILL NOS. 92-30, 92-29, 92-32, and 92-33 were approved and the ordinances adopted upon Mr. Spradling's motion, Mr. Limbaugh's second, and the following vote: Ayes, Barklage, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-30 is ORDINANCE 1141, BILL NO. 92-29 is ORDINANCE 1142, BII.L NO. 92-32 is ORDINANCE 1143, and BII.L NO. 92-33 is ORDINANCE 1144. Upon a motion by Mr. Limbaugh, seconded by Mr. Spradling, it was requested to remove BII.L NO. 92-28 from the regular consent ordinances in order for Mr. Limbaugh to abstain. This was approved upon the following vote: Ayes, Barklage, Limbaugh, Rhodes, Richards, Spradling and Wulfers. The following ordinance was given second and third reading: BILL NO. 92-28 AN ORDINANCE APPROVING TI� RECORD PLAT OF � RANDOL FARMS FOURTH ADDITION �i The second and third reading of BILL NO. 92-28 was approved and the ordinance adopted upon Mr. Barklage's motion, Mr. Spradling's second and the following vote: Ayes, Barklage, Limbaugh (abstain), Rhodes, Richards, Spradling, and Wulfers. Nays, none. BILL NO. 92-28 is ORDINANCE 1145. BILL NO. 92-38 was presented as follows: 145 Proceedings of the City Council, City of Cape Girardeau, Mo. REGULAR $@SSIOfI 1KARCH 2 �(� 92 _ � A RE50LUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR PURCHASE OF WATER BUSINESS WITH UIVION ELECTRIC COMPANY The reading of BILL NO. 92-38 was approved and the resolution adopted upon Mr. Barklage's motion, Mr. Limbaugh's second, and the following vote: Ayes, Barklage, Limbaugh, Rhodes, Richards, Spradling and Wulfers. Nays, none. BILL NO. 92-38 is RFSOLiJTION NO. 701. BILL NO. 92-36 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ESCROW AGP:EEIV�NT AND IRREVOCABLE LETTER OF CREDIT WITH RANDOL FARMS DEVELOPMENT INC. AND BOATMENS BANK FOR RANDOL FARMS FOURTH ADDITION The reading of BILL NO. 92-36 was approved and the resolution adopted upon Mr. Barklage's motion, Mr. Richazds' second and the following roll call vote: Mr. Barklage, Aye; Mr. Limbaugh, abstain; Mr. Rhodes, Aye; Mr. Richards, Aye; Mr. Spradling, i Abstain; Mrs. Wulfers, Aye. BILL NO. 92-36 is RFSOLUTION NO. 702. The request to allow no parking on the west side of the 200 block of North Clark Street was approved upon Mr. Spradling's motion, Mr. Richards second, and the following vote: Ayes, Barklage, Limbaugh, Rhodes, Richards, Spradling. Nays, Wulfers. Mr. Spradling moved, Mr. Richards seconded, to approve the request for no parking on the south side of Bertling between Oak Hills and West End Boulevazd. Mr. J. Ronald Fischer, City Manager, informed the Council that the staff was recommended to move the center line on Bertling to the north and not prohibit parking on the south side of Bertling between West End Boulevard and Oak Hills. After discussion, Mr. Spradling and Mr. Richards withdrew their motion. i� � Upon Mr. Spradling's motion, Mayor Rhodes' second, it was recommended for the staff , to look at redesigning the center line for better adequate traffic flow and bring their �j recommendation back to the Council. The motion was approved upon the following i vote: A es Barkla e Limbau h Rhodes Richards S radlin Wulfers. Na s none. � Y , g , g , � , P g� Y � Mr. Limbaugh moved, Mrs. Wulfers seconded, to reconsider the request for no parking i Ion the west side of the 200 block of North Clark Street. Mr. Tom Holshouser, Holshouser and Associates, who has a business on North Clark � Street appeared before the Council asking their support of the request to allow no parking on the west side of North Clark Street. 146 Proceedings of the City Council, City of Cape Girardeau, Mo. REGULAR $ession �RCH 2 �9 92 - ,, The motion to reconsider the request for no parking on the west side of the 200 block of North Clark Street was approved by the following vote: Ayes, Barklage, L'unbaugh, Rhodes, Wulfers. Nays, Spradling, Richards. A motion by Mr. Limbaugh, seconded by Mrs. Wulfers, to follow the staff's recommedation to not remove parking on the west side of the 200 block of North Clark Street failed upon the following roll call vote: Mr. Barklage, Nay; Mr. Limbaugh, Aye; Mayor Rhodes, Aye; Mr. Richards, Nay; Mr. Spradling, Nay; Mrs. Wulfers, Aye. BILL NO. 92-37 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ESCROW AGRFFMFN'�' AND IRREVOCABLE LETTER OF CREDIT WITH RANDOL FARMS DEVELOPMENT INC. AND BOATMENS BANK FOR WOODLAND PLACE NO. 7. The reading of BII.L NO. 92-37 was approved and the resolution adopted upon Mr. Barklage's motion, Mr. Richards' second, and the following vote: Ayes, Barklage, Limbaugh, Rhodes, Richards, Spradling (abstain), Wulfers. Nays, none. BII.L NO. 92- 37 is RFSOLLTTION NO. 703. Conditional approval of a retail liquor by the drink license for John Boyer, d/b/a The Rumor Mill, 701 N. Main, John Boyer, Managing Officer, was granted upon Mr. Limbaugh's motion, Mayor Rhodes second, and the the following roll call vote: Mr. Barklage, Abstain; Mr. Limbaugh, Aye; Mayor Rhodes, Aye; Mr. Richards, Aye; Mrs. Wulfers, Aye. Mr. Spradling abstained because he is a director at Boatmen's Bank and the bank owns the building. Conditional approval for a temporary retail by the drink liquor license for Susan Weekly, d/b/a Country Village Inn, Perryville, Missouri, 5usan Weekly, Managing Officer, for March 14 at Magnetic Collectibles, 1220 S. West End Boulevard, was granted upon Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Barklage, Limbaugh (abstain), Rhodes, Richards, Spradling, and Wulfers. Nays, none. There being no further business, the Council meeting adjourned upon Mr. Limbaugh's motion, Mr. Spradling's second and the following vote: Ayes, Barklage, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays ne. �� - 4 Francis E. Rhodes, Mayor ' berly . Pruett, Deputy City Clerk 147 Proceedings of the City Council, City of Cape Girardeau, Mo. RSiGULAR Session MARCH 2 �9 92 , � ii I" f� � (THIS PAGE LEFT INTENTIONALLY BLANK) i � i ' � � f� � � i � � i � I � � , I i � �i 1 � I � �I,�