HomeMy WebLinkAboutCouncil.Minutes.12-20-2004.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session December 20, 2004 —119—
• REGULAR SESSION—DECEMBER 20,2004
The Cape Girardeau City Council convened in regular session on Monday, December 20, 2004, at
7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman,
Charlie Herbst, Matthew Hopkins, Jay Purcell and Marcia Ritter present.
City Attorney Eric Cunningham presented the invocation, and the Pledge of Allegiance was
recited.
Prior to the regular session, the City Council convened in closed session for purposes of discussing
litigation and confidential communications with the City Attorney, pursuant to RSMo. Section
610.021(1), upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes,
Boardman, Herbst, Hopkins,Knudtson,Purcell, and Ritter. Nays,none.
The minutes of the December 20, 2004 regular and closed sessions were approved upon Mr.
Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst,
Hopkins,Knudtson, Purcell, and Ritter. Nays,none.
The agenda was adopted upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote:
Ayes, Boardman, Herbst,Hopkins, Knudtson, Purcell,and Ritter. Nays,none.
Mayor Knudtson presented a plaque on behalf of Hugh White honoring him for his service on the
City Council.
Mayor Knudtson presented a plaque to Jay Purcell in appreciation for his service on the City
Council. Mayor Knudtson wished Mr. Purcell success in his new position on the County
Commission.
Mayor Knudtson stated that City staff has reviewed emergency measures the City has taken in the
past to help citizens be more ready for emergency situations. He introduced Emergency
Management Director Mark Hasheider to present a brief presentation on outdoor warning systems.
Mr. Hasheider presented information regarding disaster mitigation and the purpose of outdoor
warning systems. He explained how a warning system can be implemented in two phases: first to
protect outdoor park systems and second to protect the rest of the citizens. The City is proposing
an "Adopt a Siren"program to obtain private donations to pay for emergency outdoor sirens. Mr.
Hasheider introduced Pete Poe of the Southeast Missouri District Fair Association. Mr. Poe
explained that 2005 will be 150th anniversary of the fair. The Fair Association wants to give
something back to the community and offered to provide one siren to be placed in Arena Park.
Mayor Knudtson thanked the Fair Association for its contribution to the City.
CITY COUNCIL COMMUNICATIONS
Mayor Knudtson presented the following:
1. He requested City Manager Doug Leslie to present an update on the status of the flood map
designation. Mr. Leslie stated there is a 90 day clock that has started with FEMA to complete the
maps. The City will receive information in early March and work with FEMA to get information
out to the citizens. Mayor Knudtson commended legislators for their assistance in getting this
done.
2. Mr. Al Stoverink, Facilities Manager at Southeast Missouri State University, is resigning and
moving to Arkansas State University. He served on several city committees and is a great advisor
to the City. Mayor Knudtson wished Mr. Stoverink well in his new position.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session December 20, 2004 120
3. A Winter Storm Watch is in effect for Southeast Missouri Tuesday night through Thursday
morning. Tim Gramling, Public Works Director, gave an update on how Public Works is
preparing for this event.
APPEARANCES
Mr. Basil Harrison appeared regarding the motion to approve the preliminary plat of Timber Creek
Subdivision. He stated he is an adjoining property owner, and he wanted to know what it means if
this preliminary plat is approved. Mr. Leslie stated the plat was submitted by Mitch Kinder
Development. This is the normal process to plat a development. It was reviewed by the Planning
and Zoning Commission on December 8 and recommended to the Council for approval. The
developer wants residential development in R-1 zoning with single family dwellings. The next
step is for the developer to submit improvements plans to show water lines, sewer lines and streets.
Mr. Harrison stated he wants to review this plan before the Council approves this. He expressed
his opposition to any development of this property. Mr. Leslie explained this is a private
development, the property is not being rezoned, and therefore no signs were posted. Mayor
Knudtson stated if this is zoned properly, the owner has the right to develop it. Mayor Knudtson
requested city staff sit down with Mr. Harrison and review the plan.
Ms. Fellows appeared and expressed her opposition to this development. She expressed concern
with how this development will affect her well water. She does not want roads paved, and she
thinks this will disturb the atmosphere of the area. She stated she should have been notified before
this development went before the Planning and Zoning Commission.
Mayor Knudtson explained that if anything other than R-1 development would have occurred on
this property, the neighbors would have been notified. However, the city may need to review its
processes for notifying adjoining property owners on developments.
Upon questioning by Ms. Ritter, Mr. Leslie further explained that if a property is properly zoned
for the proposed development, then there is no notice to neighbors. This is a private development
and the owner is developing it in accordance with state and local law. Mayor Knudtson explained
they cannot give a special hearing to just this neighborhood; the Council has no jurisdiction to do
this. However the city can facilitate a meeting for the neighbors to get their questions answered.
Richard Renfrow appeared regarding this development. He stated his property does not adjoin the
development but it is close to the south side. He wanted to know how the streets will affect his
neighborhood. Mr. Leslie stated the preliminary plat shows access off of Old Sprigg Street road
and Lexington only. Mayor Knudtson requested each person in attendance regarding this
development to give their name and phone number to the City Clerk, and the City will facilitate a
meeting with the developer to address questions of the neighbors.
CONSENT ORDINANCES
The following bills were given second and third readings.
BILL NO. 04-256 AN ORDINANCE AMENDING THE BOUNDARIES OF TRUNK
SEWER DISTRICT NO. 14-2-E, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 04-257 AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE
RELATING TO LIGHTED LAMP USAGE
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session December 20, 2004 121
BILL NO. 04-258 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO TERRY
$ COLE, CYNTHIA COLE, GARY DEWITT AND DEBBIE DEWITT
FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A
SIGN LOCATED AT 2907 INDEPENDENCE STREET, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU
BILL NO. 04-261 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO AJL
INVESTMENTS, L.L.C., FOR THE PURPOSE OF CONSTRUCTING
AND MAINTAINING A SIGN LOCATED AT 1417 N. MT. AUBURN
ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 04-263 AN ORDINANCE APPROVING THE RECORD PLAT OF WYMAN
SUBDIVISION
BILL NO. 04-264 AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260
OF THE CITY CODE, BY REPEALING A CERTAIN HANDICAP
PARKING ZONE ON PERRY AVENUE AND ESTABLISHING A
NEW HANDICAP ZONE ON PERRY AVENUE, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
BILL NO. 04-265 AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING
EXPENDITURES, CAPITAL EXPENDITURES, AND OPERATING
TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2005, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
The second and third readings of BILL NOs. 04-256, 04-257, 04-258, 04-261, 04-263, 04-264 and
04-265 were approved and the ordinances adopted upon Mr. Herbst's motion, Ms. Boardman's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter.
Nays, none. Mr. Purcell abstained for financial reasons on BILL NO. 04-263 because he has sold
property to John Wyman. BILL NO. 04-256 is ORDINANCE NO. 3424; BILL NO. 04-257 is
ORDINANCE NO. 3425; BILL NO. 04-258 is ORDINANCE NO. 3426; BILL NO. 04-261 is
ORDINANCE NO. 3427; BILL NO. 04-263 is ORDINANCE NO. 3428; BILL NO. 04-264 is
ORDINANCE NO. 3429; BILL NO. 04-265 is ORDINANCE NO. 3430.
BILL NO. 04-254 was given second and third readings as follows:
AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE
IMPROVEMENT OF BROADWAY BETWEEN PERRY AVENUE AND HOUCK PLACE
Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the second and third readings of
BILL NO. No. 04-254. Upon questioning by Ms. Ritter, Mr. Leslie explained that there will be
sidewalks on both sides of Broadway with a parkway between the sidewalk and street. Standard
walk width for sidewalks is four feet, and the parkway will allow room for utilities. All of this will
depend on the property acquisition. In addition,there will be two lanes each direction with a center
turn lane up to Henderson. Following discussion by the Council, the motion was approved upon
the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, and Ritter. Mr. Purcell
abstained because he sold property to Jay Meystedt who is involved in this property acquisition.
BILL NO. 04-254 is ORDINANCE NO. 3431.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session December 20, 2004 122—
NEW ORDINANCES
BILL NO. 04-267 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF SILVERTHORNE SECOND
SUBDIVISION
The first reading of BILL NO. 04-267 was approved upon Ms. Ritter's motion, Mr. Herbst's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter.
Nays,none.
BILL NO. 04-268 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT WITH THE MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION FOR CONSTRUCTION OF A LEFT TURN LANE AT
MISSOURI ROUTE K AND NOTRE DAME DRIVE
Following discussion, the first reading of BILL NO. 04-268 was approved upon Mr. Herbst's
motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell and Ritter. Nays,none.
RESOLUTIONS
BILL NO. 04-269 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A BROKER
PROPOSAL SUBMITTED BY FINCH AND MARCHBANKS FOR SHORT AND LONG
TERM DISABILITY INSURANCE FOR THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 04-269 was approved and the resolution adopted upon Ms. Boardman's
motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell and Ritter. Nays,none. BILL NO. 04-269 is RESOLUTION NO. 2022.
BILL NO. 04-270 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL
SUBMITTED BY HEALTHY ALLIANCE FOR LIFE AND ACCIDENTAL DEATH AND
DISMEMBERMENT INSURANCE FOR THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 04-270 was approved and the resolution adopted upon Mr. Purcell's
motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson,Purcell and Ritter. Nays,none. BILL NO. 04-270 is RESOLUTION NO. 2023.
BILL NO. 04-271 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM
TO THE AGREEMENT FOR ENGINEERING SERVICES WITH STRICKLAND
ENGINEERING, L.C., FOR THE POLICE DEPARTMENT HVAC MODIFICATION, IN THE
CITY OF CAPE GIRARDEAU,MISSOURI
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session December 20, 2004 123
The reading of BILL NO. 04-271 was approved, and the resolution adopted, upon Mr. Herbst's
motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell and Ritter. Nays,none. BILL NO. 04-271 is RESOLUTION NO. 2024.
Ei
• is BILL NO. 04-272 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 13 TO THE AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI
AND JACOBS CIVIL, INC., FOR THE RAMSEY CREEK SEWER LINE PROJECT, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 04-272 was approved and the resolution adopted upon Mr. Purcell's
motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson,Purcell and Ritter. Nays,none. BILL NO. 04-272 is RESOLUTION NO. 2025.
BILL NO. 04-274 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL
FROM BANNER FIRE EQUIPMENT, INC., FOR THE PURCHASE OF AN AERIAL
LADDER TRUCK AND TO EXECUTE ALL NECESSARY CONTRACT DOCUMENTS
The reading of BILL NO. 04-274 was approved and the resolution adopted upon Mr. Herbst's
motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell and Ritter. Nays, none. BILL NO. 04-274 is RESOLUTION NO. 2026. Mr.
Hopkins commended staff of the Fire Department and Finance Department for working with the
City of Memphis and saving approximately$100,000 on this purchase.
BILL NO. 04-275 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE 2005 STOP
VIOLENCE AGAINST WOMEN GRANT FROM THE MISSOURI DEPARTMENT OF
PUBLIC SAFETY AND TO EXECUTE ALL NECESSARY GRANT DOCUMENTS
Following comments by the Police Chief, the reading of BILL NO. 04-275 was approved and the
resolution adopted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote:
Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays, none. BILL NO. 04-275
is RESOLUTION NO. 2027.
APPOINTMENTS
Mr. Bill Eddleman was appointed to the Historic Preservation Commission for a term expiring
April 16, 2006, upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes,
Boardman, Herbst,Hopkins, Knudtson, Purcell and Ritter. Nays, none.
Mr. Doug Austin, Mr. Philip Nacy, Ms. Shirley Patterson, and Mr. Wes Wright were appointed to
the Vision 2020 Community Relations Council for a term expiring December 31, 2007 and Mr.
Scott Johnson was appointed for a term expiring December 31, 2006, upon Mr. Purcell's motion,
Mr. Hopkins' second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,
Purcell and Ritter. Nays,none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session December 20, 2001 124—
Mr. Jess Hopple was appointed to the Board of Adjustment for a term expiring March 6, 2009,
upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman,
Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays,none. a
Mr. Paul Mingus was appointed to the Cable Television Advisory Committee for a term expiring 1
February 20, 2005, upon Ms. Ritter's motion, Ms. Boardman's second, and the following vote:
Ayes,Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays, none.
Mayor Knudtson was appointed to the Cape Girardeau Parks Development Foundation for a term
expiring December 31, 2005, upon Mr. Hopkins' motion, Mr. Herbst's second, and the following
vote: Ayes,Boardman,Herbst, Hopkins,Knudtson, Purcell and Ritter. Nays,none.
Mr. Hopkins and Mayor Knudtson were appointed to the Cape Girardeau Area MAGNET for a
term expiring December 31, 2005, upon Mr. Purcell's motion, Ms. Boardman's second, and the
following vote: Ayes,Boardman, Herbst,Hopkins,Knudtson,Purcell and Ritter. Nays,none.
LIQUOR LICENSE
Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve a temporary 5% beer by the
drink liquor license for Hugh J. McGowan IV d/b/a Southeast Missouri Hospital Foundation for an
event to be held December 31, 2004 to January 1, 2005 at the A.C. Brase Arena Building. The
motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,
Purcell and Ritter. Nays,none.
OTHER
The preliminary plat of Timber Creek Subdivision was approved upon Mr. Hopkins' motion, Mr.
Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell
and Ritter. Nays,none. Mayor Knudtson asked the staff to arrange a meeting with the neighbors.
Improvements to Independence Street from Pacific Street to Sprigg Street were accepted and final
payment to Lappe Cement Finishing Inc. was authorized upon Mr. Herbst's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter.
Nays, none.
There being no further business, the meeting adjourned upon Mr. Hopkins' motion, Mr. Herbst's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter.
Nays, none.
4 f
Knudtson, Mayor
dif I
Gayle L. NZ ad, City Clerk