HomeMy WebLinkAboutCouncil.Minutes.05-18-1992.Regular 222
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $eSSion May 18, 1992
SLI�9975
REGULAR SESSION - MAY 18, 1992
Council convened in regular session on Monday, May 18, 1992, at 7:30 p.m. with
Mayor Francis E. Rhodes presiding and Council members Melvin Gateley, Melvin
Kasten, Doug Richards, A1 Spradling III, and Mary Wulfers present. Council member
David Limbaugh was absent.
Prior to the regular session, Council convened in executive session for purposes of
discussing real estate and litigation upon Mrs. Wulfers' motion, Mr. Gateley's second,
and the following vote: Ayes, Gateley, Kasten, Rhodes, Ric��ards, Spradling, Wulfers.
Nays, none.
The invocation was presented by Capt. Elmer Trapp, Salvation Army.
The minutes from the May 4, 1992, Regular Session and Executive Session were
approved upon Mr. Spradling's motion, Mr. Gateley's second, and the following vote:
Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none.
Ms. Deborah Willis and Mr. Michael Sterling, representing the National Association
for the Advancement of Colored Persons (NAACP) appeared before the Council with
comments regarding the content of BILL NO. 92-101, An Ordinance regulating parades.
Following discussion, the City Council instructed the City Staff to amend the bill and
place it on the June 1, 1992, City Council agenda as an emergency measure.
Additionally, the City Attorney was instructed to research the legality of "de-hooding"
ordinances, and, if such ordinances are legal, prepare one to be considered at the June
1, 1992, regular City Council meeting.
Discussion was held regarding the revenues from Fly Cape Aviation Days '92. Mr.
Doug Leslie, Public Works Director thanked all those who had helped with the event.
Additionally, complimentary remarks were made by members of the Council regarding
the success of the event.
The following ordinances were given second and third readings as follows:
BILL NO. 92-75 AN ORDINANCE GRAN'TING A SPECIAL USE PERNIIT TO
FIRST ASSIIVIBLY OF GOD, INC., FOR PURPOSES OF
CONSTRUCTING, MAINTAIrTING AND OPERATING AN
ADDITTONAL PARKING LOT IN FRONT OF A CHURCH AT
750 MOUNT AUBURN ROAD, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU, MISSOURI
BILL NO. 92-82 AN ORDINANCE AMENDING CHAPTER 25 OF TI� CITY
CODE RELATING TO SUBDIVISION REGULATIONS
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BILL NO. 92-74 AN ORDINANCE REPEALING SECTTON 26-262 OF THE
CITY CODE AND ENACTING A NEW SECTION 26-262 IN
LIEU THEREOF RELATING TO PARI�NNG FINES
BILL NO. 92-71 AN ORDINANCE ENACTTNG A NEW SECTTON 17-215 OF
THE CITY CODE RELATING TO CANINES
BILL NO. 92-77 AN ORDINANCE REPEALING SECTIONS 19-4, 19-6, 19-7
AND 19-13 OF THE CITY CODE AND ENACTING NEW
SECTIONS IN LIEU THEREOF, RELATING TO PERSONNEL �
i POLICIES f�
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BILL NO. 92-83 AN ORDINANCE ACCEPTING A GENERAL WA,��tANTY
DEED AND A STORM DRAINAGE EASEMENT FROM WEST
CAPE DEVELOPMENT CORPORATIGN FOR THE �
STREET EXTENSION PROJECT i I
BILL NO. 92-84 AN ORDINANCE ACCEPTING PERMANENT EASIIVIENTS '�
AND TEMPORARY CONSTRUCTION EASEMENTS FROM ��
NELDA L. BOREN, DAVID WAYNE BOREN, LINDA D.
BOREN, JERRY ALLEN BOREN, AND PHYLLIS L. BOREN; �
BETTY FRANCIS; MICHAEL J. MATVY AND LINDA
MATVY; WILLIAM E. MEANS AND SUSAN K. MEANS;
KATHRYN L. SEAWEL; HAZEL A. TIiOMAS; AND
ACCEP'TING TEMPORARY CONSTRUCTION EASEMENTS
FROM CLETIS D. HANEBRINK AND RUTHANNE
HANEBRINK; AND WILLIAM M. LEWIS, LINDA C. LEWIS,
MARY E. SCHAEFER, AND THOMAS SCHAEFER FOR THE
COLLEGE-JEFFERSON COMMiJNITY BLOCK GRANT
SEWER PROJECT
BILL NO. 92-85 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS �
AND TIIVIPORARY CONSTRUCTION EASEMENTS FROM
SOUTHEAST GOLF, INC.; CAPE GIRAT.''�EAU JUI�TIOR
CHAMBER OF COMMERCE; THOMAS E. i�AMILTON AND
CECILIA A. LAMP-HANIILTON; AND SHARON DEAN
I YOUNG FOR THE UPPER CAPE LA CROIX TRUNK SEWER
PROJECT, PHASE 4, SECTIONS I AND II
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Regular $ession May 18, �9 92
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BII.L NO. 92-86 AN ORDINANCE ACCFPTING QUIT CLAIM DEEDS FROM
CAPE SPECIAL ROAD DISTRICT; DAI�TIEL G. EAKER AND
MARTHA K. EAKER; JESSE G. E�,KER, TRUSTEE, AND
MARJORIE L. EAKER, TRUSTEE; SAFETY KLRFN
CORPORATION; AND NATHAN L. 5TOUT AND
MARGARET A. STOUT FOR'I��DETENTION RESERVOIR
ACCESS ROAD PROJECT
BILL NO. 92-87 AN ORDINANCE APPROVING THE RECORD PLAT OF
WOODLAND PLACE SUBDIVISION NO. 6 (AMENDED)
BILL NO. 92-88 AN ORDINANCE APPROVING THE RECORD PLAT OF
WOODLAND PLACE SUBDIVISION NO. S
The second and third readings of BILL NOS. 92-75, 92-82, 92-74, 92-71, 92-77, 92-83,
92-84, 92-85, 92-86, 92-87, and 92-88 were approved and the ordinances adopted upon
Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley,
Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-75 is
ORDINANCE NO. 1165, BILL NO. 92-82 is ORDINANCE NO. 1166, BILL NO. 92-
74 is ORDINANCE NO. 1167, BILL NO. 92-71 is ORDINANCE NO. 1168, BILL NO.
92-77 is ORDINANCE NO. 1169, BILL NO. 92-83 is ORDINANCE NO. 1170, BILL
NO. 92-84 is ORDINANCE NO. 1171, BILL NO. 92-85 is �RDINANCE NO. 1172,
BILL NO. 92-86 is ORDINANCE NO. 1173, BILL NO. 92-87 is ORDINANCE NO.
1174, and BILL NO. 92-88 is ORDINANCE NO. 1175.
BILL NO. 92-90 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY
CODE, ESTABLISHING NO PARKING ON CLARK STREET, IN THE CITY OF
I CAPE GIRARDEAU, MISSOURI
� The first reading of BILL NO. 92-90 was approved upon Mr. Spradling's motion, Mr.
I Richards' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
�
BILL NO. 92-91 was given first reading as follows:
i
� AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH KELLEY TRANSPORTATION CO., INC. FOR SUBSIDIZED
TAXI COUPON SERVICE
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The first reading of BILL NO. 92-91 was approved upon Mr. Spradling's motion, Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 92-92 was given first reading as follows:
AN ORDINANCE AUTFIORIZING TI�CITY MANAGER OF THI: CITY OF CAPE
GIItARDEAU, MISSOURI, TO EXECUTE AN AGFFF�MRIv'T ON BEHALF OF TI�
CITY WITH Tf�MISSOURI HIGHWAY AND TRANSPORTATION CONIlVIISSION
FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATON PROJECT TO
BE FUNDED UNDER SECTION 8 OF THE FEDERAL TRANSIT ACT, AS
AMEI�TDED
The first reading of BILL NO. 92-92 was approved upon Mr. Spradling's motion, Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
� BILL NO. 92-96 was given first reading as follows:
AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND A TEMPORARY
CON5TRUCTION EASEMENT FROM ST. MARY'S CHURCH, SPRINGFIELD-
CAPE GIRARDEAU DIOCESE; AND ACCEP'TING A TEMPORARY
CONSTRUCTION EASEMENT FROM JOSEPH E. THOMPSON AND SHARON
THOMPSON FOR THE COLLEGE-JEFFERSON COMMiTNITY BLOCK GRANT
SEWER PROJECT
The first reading of BII.L NO. 92-96 was approved upon Mr. Gatei�y's motion, Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 92-95 was given first reading as follows:
AN ORDINANCE ACCEPTING A PERMANENT EASIIVIENT AND A TEMPORARY
CONSTRUCTION EASEMENT FROM PAUL A. KUNTZE AND DRUCILLA
KUNTZE FOR THE UPPER CAPE LA CROIX TRUNK SEWER PROJECT, PHASE
4, SECTIONS I AND II ��
The first reading of BILL NO. 92-95 was approved upon Mr. Spradling's motion, Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, i f
Spradling, Wulfers. Nays, none. I�
BILL NO. 92-94 was given first reading as follows:
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Regular Session May 18, 19 92
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AN ORDINANCE ACCEPTING QUIT CLAIM DEEDS FROM WILLIAM D. VIED
AND SHARON VIED; AND GORDON WRIGHT, SHEILA WRIGHT, TERRY
SHACKLFS, AND CHARLOTTE SHACKLES FOR THE DETENTION RESERVOIR
ACCESS ROAD PROJECT
The first reading of BILL NO. 92-94 was approved upon Mr. Spradling's motion, Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spra.dling, Wulfers. Nays, none.
BILL NO. 92-93 was given first reading as follows:
AN ORDINANCE ACCEPTING GFNF_RAi_� WAR:RANTY DEEDS AND
TEMPORARY ACCESS EASEMENTS FROM KEMPER-T}iEMIS PARTNERS FOR
THE CAPE LA CROIX/WALKER BRANCH FLOOD CONTROL PROJECT
The first reading of BILL NO. 92-93 was approved upon Mr. Spra.dling's motion, Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 92-98 was given first reading as follows:
AN ORDINANCE AUTHORIZING TI�CITY MANAGER TO EXECUTE A LEASE
OF PREMISES WITH THE MISSOURI HIGHWAY AND TRANSPORTATION
COMIVIISSION FOR RIGHT-OF-WAY ON HIGHWAY 61 IN FRONT OF THE
PUBLIC WORKS BUILDING
The first reading of BILL NO. 92-98 was approved upon Mr. Spradling's motion, Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 92-97 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF ENGRAM FARMS
SECOND SUBDIVISION
The first reading of BILL NO. 92-97 was approved upon Mr. Spradling's motion, Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
BILL NO. 92-99 was given first reading as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Re�u�ar Session May 18, �9 92
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AN ORDINANCE G 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 THE
WORK, AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BII.LS IN AN
AMOUNT NOT TO EXCEED $10.00 PER FRONT FOOT IN PAYMENT OF THE
COST OF SAME ON PART OF HAZEL STREET AND DUMAIS DRIVE; WITH THE
BALANCE TO BE PAID FROM GFNF_R�i_ REVENUE FUNDS, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 92-99 was approved upon Mr. Gateley's motion, Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes (abstain),
� Richards, Spradling, Wulfers. Nays, none. �
Improvements to Hazel Street, south of Themis, and Dumais Drive were accepted upon
� Mr. Spradling's motion, Mr. Richards' second, and the following vote: Ayes, Gateley,
Kasten, Rhodes (Abstain), Richards, Spradling, Wulfers. Nays, nor���. I
BILL NO. 92-100 was given first reading as follows: I
AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER
DISTRICT NO. 16-A, A SUBDIVISION OF LATERAL SEWER DISTRICT NO.
14-2-B,APPROVING TI�PLANS AND AUTHORIZING TI�CONSTRUCTION OF
A SYSTEM OF SArTITARY LATERAL SEWERS IN SEWER DISTRICT NO. 16-A,
UNDER A PRIVATE CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BII.L NO. 92-100 was approved upon Mr. Spradling's motion, Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling,
Wulfers. Nays, none. Mayor Rhodes abstained for fmancial reasons.
The following liquor licenses were renewed upon Mr. Spradling's motion, Mrs. Wulfers'
second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling,
Wulfers. Nays, none. Mayor Rhodes abstained on the licenses for Rhodes City Truck
Plaza at 1008 N. Kingshighway and Rhodes City Truck Plaza at 1610 N. Kingshighway.
3.2% Non-into�cating Beer By Drink:
Watson, Mark, d/b/a Pagliai's Pizza & Pasta, 1129 Br�adway,
Mark E. Watson, Managing Officer
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $eSSIOn May 18. 19 ��
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Original Package 5� Beer:
Burge, Randall, M & H Drugs, Inc., d/b/a Super D Drugs #7,
2281 Broadway, Randol Keith Burge, Managing Officer
Sikeston General Oil Co, d/b/a Fast Gas, 111F Broadway,
Robert M. Jenkins, Sr., Managing Officer
Original Package Liquor:
Lemmon, David K., d/b/a Lemmon Oil Co., 103 N. Kingshighway,
David K. Lemmon, Managing Officer
Obermiller, Jesse, d/b/a/ Travelers Garage, 104 N. Sprigg,
Jesse E. Obermiller, Managing Officer
Rhodes City Truck Plaza, d/b/a Rhodes 101 Stop, 1008 N. Kingshighway,
Paul Richard Dirnberger, Managing Officer
Rhodes City Truck Plaza, d/b/a Rhodes 101 Stop, 1610 N. Kingshighway,
Paul Richard Dimberger, Managing Officer
Shop'N Save Warehouse Foods Inc., d/b/a Shop'N Save, 254 S. Silver
Springs, Richard 7. Ruess, Managing Officer
I Wa1-Mart Stores, d/b/a Wal-Mart Supercenter, 3439 William,
� Terry G. Godwin, Managing Officer
Retail Liquor by the Drink:
Schnuck Markets, 19 S. Kingshighway, Mr. James C. Leech, Managing
Officer
Retail Liquor by the Drink, Sunday Sa1es:
Barnes, Basil, d/b/aJ Mr. B's Pancakes & Steaks, 3254 William,
Basil Barnes, Managing Officer
Mid America Hotels Corporation, d/b/a Victorian Inn, I-55 & Route K,
Daniel M. Drury, Managing Officer
Wholesaler of Intoxicating Liquor:
Griffin, Glyndale Gene, d/b/a Paramount Liquor Company, 2333 Rusmar
Avenue, Glyndale Gene Griffm, Managing Officer
Wholesalers of Ma1t Liquor Not in F�ccess of 5%:
Bluff City Beer Co., d/b/a Bluff City Beer, 450 Siemers,
Joda L. Bess, Managing Officer
Approval of temporary 5� beer by drink license for Cape Shrine Club for the Cape
Shrine Club Rodeo to be held at Arena Park, May 20-25, 1992, was granted upon Mr.
Spradling's motion, Mrs. Wulfers' second, and the following vote: Ayes, Gateley,
Kasten, Rhodes, Richards, Spradling, Wulfers. Nays, none.
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Regular $ession May 18, �9 92
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Improvement plans for street improvements for Rust Avenue were approved upon Mr.
Spradling's motion, Mrs. Wulfers' second, and the following vote: Ayes, Gateley,
Kasten, Rhodes, Richards, �Spradling, Wulfers. Nays, none.
Improvement plans for streets, storm sewers, and sanitary sewers to serve Summit
Estates II Subdivision were approved upon Mr. Gateley's motion, Mrs. Wulfers' second,
and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards, Spradling, Wulfers.
Nays, none.
Improvement plans for sanitary sewers, streets, and related storm�v�ter facilities for
Stonebridge First Subdivision were approved upon Mr. Spradling's motion, Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Richards, Spradling,
Wulfers. Nays, none. Mayor Rhodes abstained for fmancial reasons.
A motion was made by Mr. Gateley and seconded by Mrs. Wulfers to issue a temporary
permit to Ms. Evelyn Kee to authorize her to allow the use of Lot Number 38 in Kee's
Mobile Home Park for a recreational vehicle for a period of six months. The motion
was approved upon the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
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There being no further business, the meeting adjourned upon Mr. Gateley's motion,Mrs.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
'�� Francis E. Rhodc: ��Mayor
Juli e, Deputy City Clerk
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