HomeMy WebLinkAboutCouncil.Minutes.08-17-1992.Regular 307
Proceedings of the City Council, City of Cape Girardeau, Mo.
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REGULAR SESSION - AUGUST 17, 1992
Council convened in regular session on Monday, August 17, 1992, 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 litigation and real estate upon Mr. Spradling's motion, Mr. Gateley's second,
and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling,
Wulfers. Nays, none.
The Invocation was presented by Rev. Roy Jones, Baptist Association. The Pledge of
Allegiance was recited.
The minutes from the August 3, 1992, Regular Session and Executive Session were
approved upon Mr. Limbaugh's motion, Ms. Wulfers' second, and the following vote:
Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none.
This being the date set for a public hearing regazding the petition for voluntary
annexation of certain real estate located South of the e�sting Wal-Mart tract on Missouri
Route K, West of Interstate 55 and owned by Wal-Mart Stores, Inc., the hearing was
opened. There being no appearances, the hearing was closed.
Mr. Steve Strom appeared before the City Council in favor of BILL NO. 92-167, An
Ordinance approving the record plat of Northfield Twelfth Subdivision. He also
requested that the City Council accept certain improvements in Northfield Twelfth
Subdivision.
BILL NO. 92-167 was given first, second, and third readings as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF NORTHFIELD TWELFTH
SUBDIVISION
The first, second, and third readings of BILL NO. 92-167 were approved and the
ordinance adopted upon Mr. Limbaugh's motion, Mr. Gateley's second, and the
following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling,
Wulfers (abstain). Nays, none. BILL NO. 92-167 is ORDINANCE NO. 1217.
Streets and sanitary sewer improvements and storm sewers in the street rights-of-way in
Northf'ield Twelfth Subdivision were accepted upon Mr. Spradling's motion, Mr.
Gateley's second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richards, Spradling, Wulfers (abstain). Nays, none.
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Ms. Patricia Strom, President, Safe House for Women, Inc., appeared before the
Council in favor of BILL NO. 92-171, An Ordinance establishi.ng a court cost fee for
victims of domestic violence. She introduced Ms. Rebecca Payne, Executive Director,
and members of the board who were present at the meeting.
BILL NO. 92-171 was given first reading as follows:
AN ORDINANCE ESTABLISHING A COURT COST FEE FOR VIC'TIlVIS OF
DOME,STIC VIOLENCE
A motion was made by Mr. Limbaugh and seconded by Mrs. Wulfers that Line 4 of the
ordinance be amended by changing the word "may" to "shall", and that the first reading
of BILL NO. 92-171 be approved. The motion was approved upon the following vote:
Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none.
Mr. John Martin appeared before the Council with complaints regarding the Police
Department.
Mr. Larry Godfrey appeared before the Council and presented petitions for Charter
amendment. He requested that the ordinance attached to the petitions be given first
reading. Mr. Warren Wells, City Attomey, advised against giving first reading of the
ordinance because he had not had an opportunity to examine it. Wells also noted that
the petitions would need to be verified by the Cape Girardeau County Clerk for
sufficiency. Mr. Godfrey requested that the City Council and City Staff make every
effort to meet the deadline for this measure to be placed on the November ballot.
Mr. Doug Leslie and Mr. Doug Kaminskey were appointed as altemates to the Solid
Waste Management District Board upon Mr. Spradling's motion, Mr. Limbaugh's
second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
Mr. Melvin Gateley was appointed to represent the City of Cape Girardeau on the Cape
Girardeau County Industrial Development Committee upon Mayor Rhodes' motion, Mr.
Richards' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richards, Spradling, Wulfers. Nays, none. Mr. Gateley joins Mayor Rhodes, who was
appointed to represent the City on this committee on 7une 15, 1992.
The following ordinances were given second and third readings as follows:
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BILL NO. 92-157 AN ORDINANCE PROVIDING FOR THE LEVYING OF TI�
F ANNUAL CITY REVENUE TAX; LIBRARY FLJND TAX;
PUBLIC HEALTH TAX; DEBT SERVICE FUND TAX;
SPECIAL BUSINF.SS DISTRICT NO. 2 TAX; FOR THE
FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE 1993
BII.L NO. 92-158 AN ORDINANCE ACCEPTTNG A GFNERAT_. WARRANT'Y
DEED FROM JO ANNE SEABAUGH; AND ACCEPTING
PERMANENT EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS FROM CHICH CHUNG CHEN
AND LEE CHIOU CHEN; AND KFNICHI MUROI AND
MAYiJ1VII MUROI FOR TI� LEXINGTON AVENUE
EXTENSION PROJECT
BILL NO. 92-159 AN ORDINANCE ACCEPTING A GFNF_RAi_� WARRANTY
DEED, A PERMANENT ACCESS EASEMENT, AND A
TEMPORARY CONSTRUCTION EASEMENT FROM SOUTH
K INC.; AND ACCEPTING A TEMPORARY CONSTRUCTION
EASIIVIENT FROM PAUL A. HENDRIX, MARY F.
HENDRIX, PAUL A. SCHERMANN, AND 5ARAH 7.
SCHER:MANN FOR THE CAPE LA CROIX CREEK/WALKER
BRANCH FLOOD CONTROL PROJECT, CAPE LA CROIX
CREEK SEGMENT
BILL NO. 92-160 AN ORDINANCE ACCEPTING A GENERAL WAR:RANTY
DEED AND A TEMPORARY ACCESS EASEMENT FROM
R.B.C.G.,INC. FORTHE CAPELA CROIX CREEK/WALKER
BRANCH FLOOD CONTROL PROJECT, WALKER BRANCH,
SECTION I
BILL NO. 92-162 AN ORDINANCE AMENDING THE CITY CODE RELATING
TO TRUCK LOADS CAUSING LITTER
I BILL NO. 92-163 AN ORDINANCE APPROVING THE RECORD PLAT OF
I� STONEBRIDGE SUBDIVI5ION, PHASE 1
BILL NO. 92-148 AN ORDINANCE REPEAI ING SECTION 26-333 OF THE
CITY CODE AND ENACTING A NEW SECTION 26-333 IN
LIEU THEREOF RELATING TO UNLICENSED MOTOR
VII3ICLE OPER.ATORS
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The second and third readings of BII.L NOS. 92-157, 92-158, 92-159, 92-160, 92-162,
92-163, and 92-148 were approved and the ordinances adopted upon Mr. 5pradling's
motion, Ms. Wulfers' second, and the following vote: Ayes, Gateley, Kasten,
Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. Mayor Rhodes
abstained from voting on BILL NO. 92-163 for financial reasons. BILL NO. 92-157 is
ORDINANCE NO. 1218, BILL NO. 92-158 is ORDINANCE NO. 1219, BILL NO. 92-
159 is ORDINANCE NO. 1220, BII.L NO. 92-160 is ORDINANCE NO. 1221, BILL
NO. 92-162 is ORDINANCE NO. 1222, BILL NO. 92-163 is ORDINANCE NO. 1223,
and BILL NO. 92-148 is ORDINANCE NO. 1224.
BILL NO. 92-168 was given first reading as follows:
AN ORDINANCE ANNEXING LAND TO TI� CITY OF CAPE GIRARDEAU, ;
MISSOURI, UPON THE REQUE5T OF THE iJrTION ELECTRIC COMPANY AND
THOMAS E. HAMII.TON AND CECILIA A. LAMP-HANIILTON
The first reading of BILL NO. 92-168 was approved upon Mr. Spradling's motion, Ms.
Wulfers' second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes,
Richards, Spradling, Wulfers. Nays, none.
BII.L NO. 92-166 was given first reading as follows:
AN ORDINANCE ACCEPTING A GENERAL WA,�tRANTY DEED FROM iTNITED
INVESTORS LIlVIITED PARTNERSHIP FOR THE WHITENER STREET
EXTENSION PROJECT
The first reading of BILL NO. 92-166 was 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. 92-169 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED �
TO SOUTH K INC., FOR THE CAPE LA CROIX CREEK/WALKER BRANCH
FLOOD CONTROL PROJECT, CAPE LA CROIX CREEK SEGMENT
The first reading of BII.L NO. 92-169 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. 92-170 was presented as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
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A RESOLUTTON AUTHORIZING THE ASSISTANT CITY MANAGER TO ENTER
INTO AN AGREII��ENT WITH WOLOHAN LUMBER COMPANY FOR THE
TRANSFER OF RIGHT OF WAY FOR TI� WALKER BRANCIi SEGMENT OF
THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT
The reading of BII.L NO. 92-170 was approved and the resolution adopted upon Mr.
Spradling's motion, Mr. Gateley's second, and the following vote: Ayes, Gateley,
Kasten, L'unbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none. BILL NO. 92-
170 is RESOLUTION NO. 744.
The following liquor licenses were approved upon Ms. Wulfers' motion, Mr. Spradling's
second, and the following vote: Ayes, Gateley, Kasten, Limbaugh, Rhodes, Richards,
Spradling, Wulfers. Nays, none.
Temporary 5% Beer by Drink License to Notre Dame Booster Club for a picnic
to be held on September 4-7, 1992, on the grounds of Notre Dame High School.
(Mayor Rhodes abstained from voting on this liquor license.)
5% Beer by Drink with Wine up to 14% License to Salamy 1�vins, Inc., d/b/a
Phoenicia Restaurant, 1000 N. Sprigg, Emad P. Salamy, Managing Officer.
Conditional Retail Liquor by the Drink License to Ash-Mor Enterprises, Inc.,
d/b/a Rutherford's, 2001 Independence, Ronald Mix, Managing Officer.
A motion was made by Mr. Spradling and seconded by Ms. Wulfers to approve plans
for extension of the water distribution system to serve the Chateau Girardeau Cottage
Complex development. The motion was approved upon the following vote: Ayes,
Gateley, Kasten, Limbaugh, Rhodes, Richards, Spradling, Wulfers. Nays, none.
Mayor Rhodes invited anyone to appear before the Council regarding Agenda Item No.
22, discussion regarding the possibility of bidding out trash service.
Ms. Miki Gudermuth appeared before the Council in favor of bidding out the trash
service.
Ms. Opal McManus appeared before the Council and requested that something be done
about a junk yard on Spanish Street near Old St. Vincents Church. She also expressed
concern regarding the elderly in the south end of the City who were afraid to open their
doors and windows. She noted that they have no air conditioning. She urged the City
Council and City 5taff to work together with interested citizens to solve problems.
Mr. Charles Woodford appeared before the Council against bidding out trash service.
He also requested that recycling be voluntary.
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1VIr. John Stevenson, of SEMO Waste Management, appeared before the Council in
favor of bidding out the trash service.
Mayor Rhodes thanked everyone who assisted with the beautification project over the
weekend.
There being no further business, the meeting adjourned upon Mr. Spradling's motion,
Dr. Kasten's second, and the following vote: Ayes, Gateley, �asten, Limbaugh,
Rhodes, Richards, Spradling, Wulfers. Nays, none.
rancis E. Rhodes, Mayor
Julie A Dale, Deputy City Clerk
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