HomeMy WebLinkAboutCouncil.Minutes.02-22-2005.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session February 22, 2005 159
REGULAR SESSION—FEBRUARY 22,2005
The Cape Girardeau City Council convened in regular session on Tuesday, February 22, 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. Scott Moon, Grace United Methodist 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, litigation, and confidential communications with the City Attorney, pursuant
to RSMo. Sections 610.021(1) and(2) upon Mr. Herbst's motion, Ms. Boardman's second and the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none.
The minutes of the February 7, 2005, regular and closed sessions were approved upon Ms.
Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst,
Hopkins,Knudtson and Ritter. Nays,none.
The agenda was adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote:
Ayes,Boardman,Herbst, Hopkins, Knudtson and Ritter. Nays,none.
COUNCIL COMMUNICATIONS
Mayor Knudtson presented a proclamation to Rick Hetzel of Downtown Rotary and Rich
Hartmann of Cape County Rotary recognizing Rotary International for its 100th Anniversary. Mr.
Hetzel presented a commemorative coin to the city on behalf of Rotary International.
Mayor Knudtson recognized members of Boy Scout Troop #2 who were present as a requirement
to earn two badges.
Mayor Knudtson stated that a Missouri Uniform Law Enforcement System (MULES) audit was
recently completed at the Cape Police Department. He commended the department for the 97%
compliance rating it received. In addition, Communications Unit Supervisor Kim Conway was
commended for forms she developed for use with the MULES system, and the auditor is
recommending that these forms be made available for use by all agencies in the state, including the
Missouri Highway Patrol.
Regarding litter on area highways and roads in the city, Mayor Knudtson stated that the city has
received many requests to clean up these areas. The Cape Girardeau Police Department is now
developing a program to address this problem. City Manager Doug Leslie explained that the City
will be utilizing municipal prisoners to provide cleanup services in City, and the collected material
will be picked up by the Public Works Department. The department will use a uniformed person
from the Jail Division or Nuisance Abatement Division to supervise the prisoners.
Mayor Knudtson stated that the City has received many phone calls on the return of the 1140` to
Cape Girardeau. He requested Ms. Sheila Gross appear and review what is being done to
welcome the troops home.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session February 22,2005 160
APPEARANCES
Ms. Gross stated that approximately 500 men and women are returning from Iraq. The family a
support group is requesting to place ribbons and flags on all light polls from Interstate 55 to Arena
Park or wherever they come to. The troops are expected to arrive on Friday or Monday of this
week. Ms. Gross stated that the City has an ordinance prohibiting the placement of items on utility
polls, but she requested an exemption for her request. The family support group will put up and
take down all the ribbons. Ms. Gross is working with the State Highway Patrol and City Police
Department to escort the troops into Cape. Mayor Knudtson stated the City will give full support
and welcome the troops home. The City Manager can authorize the placement of ribbons on polls,
as long as the group puts up and takes down the ribbons. Ms. Gross explained that several other
troops will be coming home later in the year and asked if this can be done again. Mayor Knudtson
stated this could be done, and she just needed to contact the City Manager.
Felix Kinsley, former member of the Historic Preservation Commission, appeared in support of the
nomination of the Old Lorimier Cemetery to the National Register of Historic Places
Mr. Henry Terry appeared regarding the ordinance vacating a portion of Spanish Street and
questioned which portion of the street the city is vacating. Following an explanation by the City
Manager, Mr. Terry responded that this will put a hardship on the church property, will make it
impossible to turn around on the church property, and will not allow access by the trash trucks.
Mr. Terry stated he has spoken with Mr. John Wyman about this. He expressed further opposition
to vacating this portion of Spanish Street, stating that this issue has been unclear, and he requested
a map showing the area to be vacated. Mayor Knudtson gave Mr. Terry a map of the area to be
vacated and explained that the developers have acted in good faith on this development. Mr.
Leslie explained that the property can be vacated by petition or by action of the Council.
Mr. Ron Seyer, member of Mr. Terry's church, appeared in opposition to the request to vacate a
portion of Spanish Street. By vacating a portion of the street, he felt the City has devalued the
property. The Church has been in existence for two years and has been in the building since
November of 2004.
Mr. Howard Dillard appeared in support of the ordinance approving the record plat of the Glenn
Kinder Subdivision.
BILL NO. 05-35 was given the first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF GLENN KINDER
SUBDIVISION
The first reading of BILL NO. 05-35 was approved upon Mr. Hopkins' motion, Mr. Herbst's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,
none.
CONSENT ORDINANCES
The following bills were given second and third readings.
BILL NO. 05-15 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 22,20051
BILL NO. 05-16 AN ORDINANCE AUTHORIZING THE ACQUISITION OF
PROPERTY FOR THE IMPROVEMENT OF BLOOMFIELD ROAD
BETWEEN SIEMERS DRIVE AND STONEBRIDGE DRIVE
a BILL NO. 05-18 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE
GIRARDEAU, MISSOURI, UPON THE REQUEST OF MARK
RADEMAKER
BILL NO. 05-19 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
BILL NO. 05-20 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
BILL NO. 05-21 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
BILL NO. 05-25 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 JUST
SOUTH OF BLOOMFIELD ROAD, CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI FROM R-1 TO C-1
BILL NO. 05-22 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
I/ THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 05-26 AN ORDINANCE AMENDING SECTION 30-21 OF THE CITY
CODE RELATING TO DISTRICT AND BOUNDARIES
BILL NO. 05-32 AN ORDINANCE AMENDING SECTIONS 15, 25 AND 30 OF THE
CITY CODE BY CHANGING THE TERM "MULTIPLE
DWELLING" DISTRICT TO "MULTI-FAMILY DWELLING"
DISTRICT
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session February 22005 162
BILL NO. 05-27 AN ORDINANCE APPROPRIATING MONIES FOR OPERATING
EXPENDITURES AND CAPITAL EXPENDITURES FROM THE
CONVENTION AND VISITORS FUND FOR THE FISCAL YEAR F
ENDING JUNE 30, 2005, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 05-30 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
The second and third readings of BILL NOs. 05-15, 05-16, 05-18, 05-19, 05-20, 05-21, 05-25, 05-
22, 05-26, 05-32, 05-27 and 05-30 were approved and the ordinances adopted upon Mr. Herbst's
motion, Ms. Boardman's second, and the following vote: ayes, Boardman, Herbst, Hopkins,
Knudtson, Ritter. Nays, none. BILL NO. 05-15 is ORDINANCE NO. 3442; BILL NO. 05-16 is
ORDINANCE NO. 3443; BILL NO. 05-18 is ORDINANCE NO. 3444; BILL NO. 05-19 is
ORDINANCE NO. 3445; BILL NO. 05-20 is ORDINANCE NO. 3446; BILL NO. 05-21 is
ORDINANCE NO. 3447; BILL NO. 05-25 is ORDINANCE NO. 3448; BILL NO. 05-22 is
ORDINANCE NO. 3449; BILL NO. 05-26 is ORDINANCE NO. 3450; BILL NO. 05-32 is
ORDINANCE NO. 3451; BILL NO. 05-27 is ORDINANCE NO. 3452; BILL NO. 05-30 is
ORDINANCE NO. 3453.
BILL NO. 05-24 was given second and third 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 STREET, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
Mr. Hopkins made a motion, seconded by Ms. Boardman, to approve the second and third
readings of BILL NO. 05-24 and adopt the ordinance. The Council discussed concerns relating
to emergency access to this development. Mr. Leslie stated the Fire Department made a trial
run to access the area using the driveway to Ratliff's residential care facility. The truck did
drag going into the drive and had encountered some difficulty getting in the driveway. Mr.
Tom Holshouser, architect for the proposed development, stated that Mr. Geiser spoke with
Mr. Ratliff and other neighbors about improving the slope of the driveway. Mr. Mike Ratliff
appeared and stated he did speak with Mr. Holshouser after the last meeting about improving
the slope of the drive; however, he did not agree to any improvements at that time. If the slope
of the drive is modified, this will affect the number of parking spaces in his parking lot.
Mayor Knudtson explained that there is another way to access this property, and staff has
reassured that emergency vehicles can access the area. Mr. Leslie continued that the main
access to this development is to the north of the Ratliff drive. It is possible that cars could
temporarily block this drive if they are leaving the area while a fire truck is trying to get in.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session February 22, 2005
Following discussion, the original motion to approve BILL NO. 05-24 was approved upon the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO.
05-24 is ORDINANCE NO. 3454.
BILL NO. 05-23 was given second and third readings as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SCOTT ROWLAND AND
ASHLI ROWLAND 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. Hopkins made a motion, seconded by Mr. Herbst, to approve the second and third readings of
BILL NO. 05-23 and adopt the ordinance. Mr. Hopkins made a motion, seconded by Mr. Herbst,
to amend the ordinance and special use permit to include two on-premise advertising signs. The
amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson and Ritter. Nays, none. The original motion was approved as amended upon the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO.
05-23 is ORDINANCE NO. 3455. Mayor Knudtson apologized to Ms. Rowland and Ms. Oliver
for comments made at the last City Council meeting.
NEW ORDINANCES
BILL NO. 05-28 was given first reading 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
Following comments by the City Council,the first reading of BILL NO. 05-28 was approved upon
Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst,
Hopkins, Knudtson and Ritter. Nays, none. Mr. Leslie stated that the city has re-striped and re-
signed the parking lot at the Convention and Visitors Bureau, and there are now 55 parking spaces
available for public use.
BILL NO. 05-33 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF A SUBDIVISION OF LOT 64
OF CLARKTON PLACE SUBDIVISION PHASE IV
The first reading of BILL NO. 05-33 was approved upon Mr. Herbst's motion, Ms. Ritter's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,
none.
BILL NO. 05-34 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF VOLLINK CONDOMINIUMS
The first reading of BILL NO. 05-34 was approved upon Mr. Hopkins' motion, Ms. Boardman's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,
none.
BILL NO. 05-36 was given first reading as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session February 22, 2005 164
AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY
CODE, BY PLACING A YIELD SIGN ON LOUISIANA STREET AT JEFFERSON F
STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Following comments by the Mayor, the first reading of BILL NO. 05-36 was approved upon Mr.
Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst,
Hopkins,Knudtson and Ritter. Nays,none.
RESOLUTIONS
BILL NO. 05-37 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE
AND INDEMNITY AGREEMENT WITH SUNNY HILL GARDEN CENTER TO OCCUPY
A CERTAIN PORTION OF THE RIGHT-OF-WAY ACQUIRED FOR THE CAPE
LACROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT
The reading of BILL NO. 05-37 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. 05-37 is RESOLUTION NO. 2040.
BILL NO. 05-38 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT
CONTRACT AND CONCESSION AGREEMENT WITH HERTZ CORPORATION FOR
AUTOMOBILE RENTAL SERVICES AT THE CAPE GIRARDEAU REGIONAL AIRPORT
The reading of BILL NO. 05-38 was approved and the resolution adopted upon Ms. Ritter's
motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson and Ritter. Nays,none. BILL NO. 05-38 is RESOLUTION NO. 2041.
BILL NO. 05-39 was presented as follows:
A RESOLUTION DETERMINING THE INTENT OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, TO REIMBURSE ITSELF FOR CERTAIN CAPITAL EXPENDITURES
The reading of BILL NO. 05-39 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. BILL NO. 05-39 is RESOLUTION NO. 2042.
BILL NO. 05-40 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE
AND INDEMNITY AGREEMENT WITH SMS REAL ESTATE COMPANY, L.L.C., FOR
SANITARY IMPROVEMENTS ON MARIA LOUISE LANE
The reading of BILL NO. 05-40 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. 05-40 is RESOLUTION NO. 2043.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session February 27,2005 1.65_
BILL NO. 05-41 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE OZARK AIRCRAFT MAINTENANCE OFFICE AND HANGAR
LEASE AT THE CAPE GIRARDEAU REGIONAL AIRPORT
The reading of BILL NO. 05-41 was approved and the resolution adopted upon Ms.
Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman,
Herbst, Hopkins, Knudtson, and Ritter. Nays, none. BILL NO. 05-41 is RESOLUTION NO.
2044.
APPOINTMENTS
Mr. Gerald Bryan was appointed to serve on the University of Missouri Extension Council for a
term expiring February 28, 2007, upon Mr. Herbst's motion, Mr. Hopkins' second, and the
following vote: Ayes,Boardman, Herbst,Hopkins, Knudtson and Ritter. Nays,none.
Mr. Mark Buerch was appointed to the Board of Adjustment for a term expiring March 6, 2010,
upon Ms. Boardman's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman,
Herbst, Hopkins, Knudtson and Ritter. Nays, none.
Mr. Rick Lambert was appointed to serve on the Cable Television Advisory Committee for a term
expiring February 20, 2008, upon Ms. Boardman's motion, Mr. Hopkins' second, and the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none.
Mr. Herbst made a motion, seconded by Mr. Hopkins, to amend his previous motion relating to the
University of Missouri Extension Council by appointing Mr. Dale Kester to the Council instead of
Mr. Gerald Bryan. The motion was approved upon the following vote: Ayes, Boardman, Herbst,
Hopkins,Knudtson and Ritter. Nays,none.
OTHER
Ms. Boardman made a motion, seconded by Mr. Hopkins, to approve the nomination of the Old
Lorimier Cemetery to the National Register of Historic Places. The motion was approved upon the
following vote: Ayes,Boardman,Herbst,Hopkins, Knudtson and Ritter. Nays,none.
Mr. Hopkins made a motion, seconded by Ms. Ritter, to approve the preliminary plat of Coyote
Creek Estates Subdivision. 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 at
the intersection of Missouri Route 61, Mt. Auburn Road, and Lexington Avenue, and to authorize
final payment to Lappe Cement Finishing, Inc. The motion was approved upon the following
vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none.
BILL NO. 05-42 was given first, second,and third readings as follows:
AN ORDINANCE AUTHORIZING THE CITY OF CAPE GIRARDEAU, MISSOURI TO
EXECUTE A PROMISSORY NOTE TO MONTGOMERY BANK
Proceedings of the City Council, City of Cape Girardeau, Mo.
RPgitlar Session February 22, 2005 166
The first, second, and third readings of BILL NO. 05-42 were approved and the ordinance
adopted upon Mr. Herbst's motion, Mr. Hopkins' second and the following vote: Ayes,
Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-42 is F
ORDINANCE NO. 3456.
There being no further business, the meeting adjourned upon Mr. Hopkins' motion, Ms.
Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and
Ritter. Nays,none.
70-
ay B udtson Mayor
O'Q'i-)AkrAcie
Gay e L. 1d,ad, City Clerk