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HomeMy WebLinkAboutCouncil.Minutes.02-07-2005.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 7, 2005 445— REGULAR 145REGULAR SESSION—FEBRUARY 7,2005 The Cape Girardeau City Council convened in regular session on Monday, February 7, 2005, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charlie Herbst, Matthew Hopkins and Marcia Ritter present. Rev. Wes Wright of Mt. Auburn Christian Church 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 property acquisition, personnel, litigation, confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1), (2) and (3) upon Mr. Herbst's motion, Mr. Hopkins' second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. The minutes of the January 18, 2005, regular and closed sessions, and the January 24, special session were approved upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes, Boardman,Herbst, Hopkins, Knudtson and Ritter. Nays,none. The agenda was adopted upon Ms. Ritter's motion, Mr. Herbst's second, and the following vote: Ayes,Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. Mayor Knudtson presented a plaque to Phyllis Jackson for her retirement from the Cape Public Library and wished her well in her retirement. CITY MANAGER COMMUNICATIONS City Manager Doug Leslie introduced Airport Manager Bruce Loy and members of the Airport Advisory Board to discuss possible additional flights at the airport. Mr. Loy discussed the Essential Air Service Program at the airport. He stated that the City has received a Small Community Air Service Development Grant to establish a fourth round trip to help market the airline. American Airlines downsized in 2003, and as a result there are longer layover times in St. Louis. This has resulted in fewer boardings from the Cape airport. He reviewed the results of the leakage analysis completed in 2000 and the current flight schedules from Cape. Proposing to add a fourth round trip in mid afternoon could reduce wait times by one- half hour to two hours, to destinations from Cape. This is an 80/20 grant and will provide $500,000 to the airline to assist in a fourth round trip. The City's cost would be $125,000. The City's options for this grant are: (1) forego the grant; (2) accept the grant and enhance service; or (3) wait to see what happens with the DOT EAS proposal. There are three airlines that have expressed interest in coming to Cape. Mr. Loy explained he has received an extension of time from DOT to decide what to do in Cape. Mr. Hopkins requested Mr. Loy to provide a comparison of fares to Cincinnati. Mayor Knudtson stated that the Council needs to explore all options in order to reach the 10,000 enplanement mark. COUNCIL COMMUNICATIONS Mr. Hopkins commended the Fire Department staff for responding to an emergency at a neighbor's home. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 7, 2005 146 Mayor Knudtson read a letter from Southeast Missouri Hospital thanking the Police and Fire Departments for assistance received during an incident at the construction site on Broadway. a Mayor Knudtson recently met with representatives from the offices of Jo Ann Emerson, Jim Talent, and Kit Bond. The city is working on a list of projects needed in the area and will be asking for their support and assistance. CITY MANAGER COMMUNICATIONS Mr. Leslie stated he was notified last week that the Silver Springs Road project was awarded to Lappe Cement Finishing. The project is to be underway in late March and finished in late 2005. The City has sent a letter notifying the residents in the area of the project. PUBLIC HEARINGS This being the date set for a public hearing regarding the request of E.W. Geiser for a special use permit for a community unit plan to add four apartment buildings to the existing two apartment buildings, located at 807 North Sprigg Street in an R-4, multiple dwelling district, and a C-1, local commercial district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (1) Section 30-39 entitled "Special Use Regulations" from the City Code, (2)the Application for Special Use Permit; and (3) the Application File. Mr. Tom Holshouser, the architect for project, appeared and presented the plan. He reviewed the present structures and future plans for this development. Before the last Planning and Zoning Commission meeting, he met with the adjoining owners and presented to the Commission the items they were asking for. The developer has agreed to provide a tree barrier and screening, a six-foot wire fence to prevent foot traffic, and a 30-foot green space. This property is now zoned R-4,but they asking for a special use permit to avoid having to subdivide and plat the property. Mayor Knudtson explained that the present zoning is adequate to construct these apartments now. Mr. Mike Ratliff of Ratliff Care Center appeared in opposition to this project, citing issues of safety for residents of the care center. He expressed concerns with emergency services being able to access the area with a steep, narrow driveway. In addition, there would increased foot traffic, and use of the drive by residents of the apartment will increase the maintenance costs of the driveway. Mr. Ratliff requested the traffic to the new apartments be rerouted through other property owned by Mr. Geiser. The access easement that the care center has with Mr. Geiser was intended for his own residence and not for use by all of the apartments. Upon questioning by Mayor Knudtson, City Planner Kent Bratton stated he has not seen the access easement to the Geiser property. The current drive would provide access for the new apartments. Mr. John Voss, 834 Alta Vista, appeared and stated he was not opposed to Mr. Geiser's development, but wanted to know how the conditions on the special use permit would be enforced over time. In addition, he expressed concern with emergency vehicles using this driveway to access the new apartments. He requested that the Fire Department review the slope of this drive next to Ratliff Care to see if the area is accessible. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 7, 2005 447— Mr. Holshouser stated that the easement was written into the deed in 1974 to access the two lots owned by Mr. Geiser. He is proposing to widen the drive from the existing 14 feet; however, this is a secondary access to the property. There being no further appearances, the hearing was closed. BILL NO. 05-24 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO E.W. GEISER FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING FOUR ADDITIONAL APARTMENT BUILDINGS AT 807 NORTH SPRIGG, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 05-24. Upon questioning by Ms. Ritter, City Attorney Eric Cunningham stated the primary methods for enforcement of the special use permit are that the Council can void it and abate the special use or can prosecute the individual in Municipal Court for violating the zoning code. Ms. Ritter also questioned the intent of the access easement. Mr. Holshouser read the easement wording to the Council and stated it is for "driveway" purposes. Mayor Knudtson asked if this is enough to legally use as access to this property. Mr. Cunningham stated the term "driveway" in the easement is not as broad as if it had said "for ingress and egress." Mr. Leslie stated this is not a city easement, but is an easement between two property owners. Upon questioning by the Mayor, Fire Chief Rick Ennis stated he was not ready to make a recommendation at this point regarding emergency access to the property. Mr. Leslie continued that emergency vehicles have access now through the alternate drive and not through this easement. Mayor Knudtson again stated that the developer can build these units without any conditions or without getting a special use permit. Regarding Mr. Voss' questions, Mr. Cunningham confirmed that the conditions are specific enough to ensure that the conditions will be completed with the development. Following additional comments by the Council, the first reading was approved on the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. This being the date set for a public hearing regarding the request of North Pointe Center, LLC and D & G Properties for a special use permit for a drive-in Sonic Restaurant, located at lot 2 of the proposed North Pointe Center First Addition in the 1800 block of North Kingshighway, in a C-2, general commercial district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (1) Section 30-39 entitled"Special Use Regulations"from the City Code, (2)the Application for Special Use Permit; and (3) the Application File. Mr. David Donley appeared representing D & G Properties in support of the request. He stated they have submitted improvement plans for the subdivision and the construction has been bid out. He requested the Council waive future readings and approve all three readings of this ordinance at this meeting to avoid construction delays. BILL NO. 05-20 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO D & G PROPERTIES, INC., FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A DRIVE- IN RESTAURANT LOCATED IN THE 1800 BLOCK OF NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 7, 2005 148— Mr. Herbst made a motion, seconded by Ms. Boardman, to approve the first reading of BILL NO. 05-20. Regarding the request for all three readings, Mr. Hopkins stated this does not fall under the regulations to qualify as an emergency measure. However, he questioned if the developer could F still proceed with plans. Mr. Leslie stated that staff was not previously aware of the emergency request. The grading permit has been issued, and so the dirt work can proceed. Following comments by the Council, the first reading was approved with the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,None. This being the date set for a public hearing regarding the request of Richard and Mary Nothdurft to rezone 3215 Bloomfield Road from R-1, single family residential district, to C-1, local commercial district, the hearing was opened. There being no appearances,the hearing was closed. BILL NO. 05-21 was given the first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 3215 BLOOMFIELD ROAD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R- 1 TO C-1 The first reading of BILL NO. 05-21 was approved on Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, None. This being the date set for a public hearing regarding the request of the City of Cape Girardeau to rezone the south side of Bloomfield Road on either side of Mt. Auburn from R-1, single family residential district, to C-1, local commercial district, the hearing was opened. There being no appearances,the hearing was closed. BILL NO. 05-25 was given the first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF TWO TRACTS OF LAND LOCATED ON EITHER SIDE OF MT. AUBURN ROAD, SOUTH OF BLOOMFIELD ROAD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R- 1 TO C-1 Following comments by the Council, the first reading of BILL NO. 05-25 was approved on Ms. Ritter's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, None. This being the date set for a public hearing regarding the request of Kenny and Judy Foeste for a special use permit for mini-warehouses across the street from 2525 State Highway 177, in an R-1, single-family residential district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (1) Section 30-39 entitled "Special Use Regulations" from the City Code, (2)the Application for Special Use Permit; and (3) the Application File. Mr. Kenny Foeste appeared in support of the request and to answer any questions. He stated there will be approximately 20 storage units. There being no further appearances, the hearing was closed. BILL NO. 05-22 was given the first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Rcgular Session February 7, 2005 449-- AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO KENNY FOESTE AND JUDY FOESTE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING STORAGE UNITS LOCATED IN THE 2500 BLOCK OF STATE HWY 177, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI li The first reading of BILL NO. 05-22 was approved upon Mr. Herbst's motion, Ms. Boardman's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, None. This being the date set for a public hearing regarding the request of Scott and Ashli Rowland and Allan and Danette Gocio for a special use permit for a day spa including a styling salon, facials, therapeutic massage, manicures/pedicures and related retail, located at 151 South Spanish Street, in an R-4,multiple dwelling district,the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (1) Section 30- 39 entitled "Special Use Regulations" from the City Code, (2) the Application for Special Use Permit; and(3)the Application File. Ms. Karen Oliver, Spa Manager, appeared and presented the request. She stated she is turning the house into a day spa. She has received written permission from St. Vincent's Church to use their parking lot, and has a written letter from the adjoining property owner on William Street to purchase his property. She plans to use the property for future parking. Mr. Nelson Sparks, 301 Good Hope, appeared and stated he has been before the Council before on commercial property on Good Hope. He expressed concern with increased traffic in the neighborhood, lack of off-street parking for the day spa, hours of operation, and use of adjoining lots for parking. Mr. Sparks stated that if they constructed new facilities, all building codes must be met and all of these should be included in the special use permit. He stated he did not feel this is a wise investment to put a commercial business in a residential zone. It is spot zoning and should not be allowed. Ms. Oliver reviewed with the Council the proposed hours of operation and discussed a proposal for adding parking on the adjoining lot on William Street. Ms. Oliver introduced Ashli Rowland and Jamie Grimm, both in support of the request. At one time this building was an antique shop and a bed and breakfast. There being no further appearances,the hearing was closed. BILL NO. 05-23 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SCOTT ROWLAND AND ASHLI ROWALND FOR THE PURPOSE OF MAINTAINING AND OPERATING A DAY SPA LOCATED AT 151 SOUTH SPANISH STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 05-23. Upon questioning by Mr. Herbst, Mr. Leslie stated that a change of use does trigger many different building codes. These are being reviewed by the Inspection Services Office and Fire Department. Council members commended the applicants on the thorough special use permit application they submitted. Mr. Sparks stated if the business did not operate after 8:00 p.m., he would support it. He is concerned with the possible increase in the amount of traffic. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Fcbruary 7, 2005 150 Council members questioned the requirements for the employees of the business to be licensed to meet the zoning requirements. Mr. Cunningham explained that the business must be operated by a medical practitioner or a professional physical therapist licensed by the State in order to comply B with the Zoning Ordinance, but these terms are not defined in the City Code. Ms. Oliver explained they will have a licensed massage therapist and licensed cosmetologist on staff. Mr. Cunningham W responded that these licensed therapists do fall under the guidelines as set out in the zoning ordinance and are in conformity with how City staff has enforced this ordinance in the past, and he is comfortable if they are licensed by the state that this is a legal business. Mr. Bratton continued that the ordinance states if employees are licensed by the State of Missouri, then this would meet the requirement of the zoning code. Following discussion, the motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins and Knudtson. Nays, Ritter. This being the date set for a public hearing regarding proposed amendments to the zoning ordinance reorganizing the listing of zoning districts in Section 30-21 and renaming the R-4 district from multiple dwelling to multi-family dwelling, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 05-26 was given the first reading as follows: AN ORDINANCE AMENDING SECTION 30-21 OF THE CITY CODE RELATING TO DISTRICTS AND BOUNDARIES The first reading of BILL NO. 05-26 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-32 was given the first reading as follows: AN ORDINANCE AMENDING SECTIONS 15, 25 AND 30 OF THE CITY CODE BY CHANGING THE TERM "MULTIPLE DWELLING" DISTRICT TO "MULTI-FAMILY DWELLING"DISTRICT The first reading of BILL NO. 05-32 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. APPEARANCES Mr. John Oliver appeared regarding Bill No. 05-28 on behalf of the Iglessia El-Shaad Church that is purchasing the church property on Spanish at Broadway. Mr. Oliver stated that the City granted a Special Use Permit to Spanish Court LLC based on a Memorandum of Agreement of June 4, 2004, between Spanish Court LLC and Stephen Limbaugh. The Agreement was given to the City Council when it approved the Special Use Permit. Mr. Oliver stated that this was not an active Church when the Special Use Permit was approved. The Church just recently moved there and city staff was not aware of this. Mr. Oliver continued that efforts have not been met to reach an agreement with Ms. Younghouse as was stated in the agreement. The Church uses both sides of this portion of Spanish Street for parking. Abandoning this portion of Spanish Street will put an undue burden on people attending church. Mr. Oliver requested the Council table the ordinance to the next meeting to give the parties involved the ability to discuss this situation and try to reach an agreement. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 7, 2005 -.151 Following comments, Mr. Herbst made a motion, seconded by Mr. Hopkins,to table BILL NO 05- 28. The motion was approved with the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. Mayor Knudtson stated he hopes the Church will discuss and reach a compromise with the other parties. Ms. Boardman asked if Mr. Terry had informed the i Church of the street vacation request when they bought the building. Mr. Oliver stated that the Church was not made aware of this. BILL NO. 05-28 reads as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF NORTH SPANISH STREET RIGHT-OF-WAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI CONSENT ORDINANCES The following bills were given second and third readings. BILL NO. 05-7 AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST 12TH SUBDIVISION BILL NO. 05-8 AN ORDINANCE ACCEPTING SANITARY SEWER, UTILITY, ACCESS AND MAINTENANCE EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE SANITARY TRUNK SEWER TO SERVE WHISPERING OAKS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 05-9 AN ORDINANCE APPROVING THE RECORD PLAT OF ASHLAND COURT PHASE THREE BILL NO. 05-10 AN ORDINANCE ACCEPTING SANITARY SEWER, UTILITY AND ACCESS EASEMENTS FROM VARIOUS PROPERTY OWNERS TO SERVE WHISPERING OAKS SUBDIVISION AND THE MEADOWS OF WHISPERING OAKS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 05-11 AN ORDINANCE VACATING THE CITY'S INTEREST IN CERTAIN UTILITY EASEMENTS IN SILVERTHORNE SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOs. 05-07,05-08, 05-09, 05-10 and 05-11 were approved and the ordinances adopted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-07 is ORDINANCE NO. 3437; BILL NO. 05-08 is ORDINANCE NO. 3438; BILL NO. 05-09 is ORDINANCE NO. 3439; BILL NO. 05-10 is ORDINANCE NO. 3440; BILL NO. 05-11 is ORDINANCE NO. 3441. NEW ORDINANCES BILL NO. 05-15 was given first reading as follows: AN ORDINANCE ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF COMMERCIAL STREET Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 7, 2005 152 The first reading of BILL NO. 05-15 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. F BILL NO. 05-16 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF BLOOMFIELD ROAD BETWEEN SIEMERS DRIVE AND STONEBRIDGE DRIVE The first reading of BILL NO. 05-16 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-18 was given first reading as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF MARK RADEMAKER The first reading of BILL NO. 05-18 was approved upon Ms. Boardman's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-19 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT FROM SOUTHEAST MISSOURI STONE COMPANY FOR THE IMPROVEMENT OF SILVER SPRINGS ROAD AND KINGSHIGHWAY INTERSECTION The first reading of BILL NO. 05-19 was approved upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, None. BILL NO. 05-27 was given first reading as follows: AN ORDINANCE APPROPRIATING MONIES FOR OPERATING EXPENDITURES AND CAPITAL EXPENDITURES FROM THE CONVENTION AND VISITORS FUND FOR THE FISCAL YEAR ENDING JUNE 30, 2005, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-27 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-30 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR CONSTRUCTION OF STREET IMPROVEMENTS AND FOR RECONFIGURING THE BROADWAY-HENDERSON STREET INTERSECTION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 7, 2005 153 Following comments, the first reading of BILL NO. 05-30 was approved upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. RESOLUTIONS BILL NO. 05-17 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5 TO THE MASTER SERVICES AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU AND SMITH & CO., INC., FOR THE RIVER OVERLOOK EVALUATION PROJECT The reading of BILL NO. 05-17 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. BILL NO. 05-17 is RESOLUTION NO. 2037. BILL NO. 05-29 was presented as follows: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SERVICES WITH CAPE GIRARDEAU AREA MAGNET FOR INDUSTRIAL RECRUITMENT SERVICES The reading of BILL NO. 05-29 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. BILL NO. 05-29 is RESOLUTION NO. 2038. BILL NO. 05-31 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE ROMAN CATHOLIC DIOCESE OF SPRINGFIELD-CAPE GIRARDEAU FOR THE CONSTRUCTION OF A LEFT TURN LANE ON ROUTE K AT NOTRE DAME DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 05-31 was approved and the resolution adopted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. Mayor Knudtson stated that Notre Dame Regional High School requested this turn lane quite some time ago. This is a State Highway project, and all the parties were able to come together and cover the costs for construction of the project. BILL NO. 05-31 is RESOLUTION NO. 2039. APPOINTMENTS Mr. J. Ronald Fischer was appointed to serve on the TIF Commission for a term expiring April 1, 2006, upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. Mr. Lance Gragg and Mr. James Banken were appointed to the Golf Course Advisory Board for terms expiring January 18, 2008, upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson and Ritter. Nays,none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 7, 2005 154 Mr. Michael Wells, Mr. Peter Hirschburg, Mr. Paul Mingus and Ms. Fannie Ray were appointed to serve on the Cable Television Advisory Committee for terms expiring February 20, 2008, upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, a Hopkins, Knudtson and Ritter. Nays,none. 1 W LIQUOR LICENSE Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve a temporary 5% beer and wine by the drink license for Larry R. Essner d/b/a Community Counseling Center Foundation for an event to be held April 15, 2005, at Deerfield Lodge. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. OTHER Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the improvement plans for the revised improvements in North Pointe Center First Addition contingent upon receipt of all necessary fees. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. Ms. Boardman made a motion, seconded by Mr. Herbst, to accept into the City's system the sanitary trunk sewer improvements, as shown on the record plans, serving Whispering Oaks Properties. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. Mr. Hopkins made a motion, seconded by Mr. Herbst, to accept the improvements completed under the t-hanger taxiway reconstruction and taxiway finger construction projects, and authorizing final payment to Gregory Construction contingent upon receipt of correct paperwork. Mr. Leslie stated that this authorizes final payment on the project, but Mr. Gregory must still submit paperwork for the grant. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. Mr. Herbst made a motion, seconded by Mr. Hopkins, to accept into the City's system the sanitary sewer improvements, known as the "A" sewer, as shown on the record plans for Whispering Oaks Subdivision and the Meadows of Whispering Oaks. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. Mr. Leslie thanked the Park Department staff for the new tables constructed for the Council Chambers. 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 and Ritter. Nays, none. ,,A . ..51-4(04,00/e /el. 4......4. All '�Knudtson Mayor .,...... ayle Ljonrad, City Clerk