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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session March 21, 2005 179
REGULAR SESSION—MARCH 21,2005
The Cape Girardeau City Council convened in regular session on Monday, March 21, 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. Sam Ramdial with First General Baptist Church, presented the invocation, and Jason Coy of
Boy Scout Troop 2 representing Grace Methodist Church led the Pledge of Allegiance.
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 March 7, 2005, regular and closed sessions were approved upon Mr. Herbst's
motion, Ms. Boardman'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.
Mayor Knudtson welcomed Boy Scout Troop 2 to the Council Meeting and stated that they were
attending to earn a badge.
COUNCIL COMMUNICATIONS
Mr. Hopkins commended the Fire Department for their work over the weekend at the Bella Italia
fire.
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Mayor Knudtson thanked Mark Bliss for recent articles in the Southeast Missourian reporting on
litter issues in the city and bringing the issue to light.
CITY MANAGER COMMUNICATIONS
Mr. Leslie stated that a TTF 3 presentation was recently given to the Cape County Rotary club. A
major educational effort will start in June and July for the TTF 3 tax proposal on the August
ballot.
Upon the request of the Mayor, Mrs. Tracey Glenn, Public Information Manager, reported on the
upcoming upgrades to the Channel 5 public access channel.
Mayor Knudtson explained that over the past eight weeks the Police Department has conducted a
Citizen's Police Academy. This program gives residents the opportunity to learn about the
activities that go on in the Police Department and to see what Police Officers go through on a daily
basis. The graduates are then allowed to volunteer at the Police Department. The Mayor, Police
Captain Carl Kinnison, and Officers Ike Hammonds and Rick Schmidt presented certificates to the
graduates of the Police Academy.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session March 21, 2005 180
PUBLIC HEARINGS
This being the date set for a public hearing to consider vacating the city's interest in a sewer line 3
located within the alley which runs form Houck Place to Matteson Terrace Subdivision, the
hearing was opened. There being no appearances, the hearing was closed.
BILL NO. 05-65 was given first reading as follows:
AN ORDINANCE VACATING A SANITARY SEWER LINE LOCATED WITHIN AN
ALLEY WHICH RUNS FROM HOUCK PLACE TO MATTESON TERRACE SUBDIVISION
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 05-65 was approved upon Ms. Ritter's motion, Mr. Herbst's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,
none. Mr. Bratton, City Planner, stated that the University will take over maintenance of this
sewer.
CONSENT ORDINANCES
The following bills were given second and third readings.
BILL NO. 05-44 AN ORDINANCE VACATING THE CITY'S INTEREST IN A
SANITARY SEWER EASEMENT LOCATED IN CHARLESTON
ESTATES SUBDIVISION IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 05-46 AN ORDINANCE VACATING AN ALLEY RUNNING NORTH
FROM HOUCK PLACE TO MATTESON TERRACE SUBDIVISION
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 05-48 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO STEVE
LEGRAND, MARY LEGRAND AND B.A.C. ENTERPRISES, L.L.C.,
FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND
OPERATING A COMMUNITY UNIT PLAN LOCATED AT 514
AMETHYST STREET, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 05-49 AN ORDINANCE AMENDING SECTION 30-32 OF THE CITY
CODE RELATING TO THE DEFINITION OF MASSAGE SHOP
BILL NO. 05-45 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL
TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS
UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU
BILL NO. 05-50 AN ORDINANCE AUTHORIZING THE ACQUISITION OF
PROPERTY FOR THE IMPROVEMENT OF BROADWAY
BETWEEN PERRY AVENUE AND HOUCK PLACE
BILL NO. 05-52 AN ORDINANCE APPROVING THE RECORD PLAT OF ARBOR
HEIGHTS THIRD ADDITION
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session March 21, 2005 -1S1—
BELL
1111BILL NO. 05-56 AN ORDINANCE ACCEPTING PERMANENT SANITARY SEWER
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EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE
RELOCATION OF A SANITARY SEWER AT 2536 AND 2538
MASTER DRIVE, IN THE CITY OF CAPE GIRARDEAU,MISSOURI
The second and third readings of BILL NOs. 05-44, 05-46, 05-48, 05-49, 05-45, 05-50,05-52 and
05-56 were approved and the ordinances adopted upon Ms. Boardman's motion, Mr. Herbst's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, and Ritter. Nays,
none. BILL NO. 05-44 is ORDINANCE NO. 3462; BILL NO. 05-46 is ORDINANCE NO. 3463;
BILL NO. 05-48 is ORDINANCE NO. 3464; BILL NO. 05-49 is ORDINANCE NO. 3465; BILL
NO. 05-45 is ORDINANCE NO. 3466; BILL NO. 05-50 is ORDINANCE NO. 3467; BILL NO.
05-52 is ORDINANCE NO. 3468; BILL NO. 05-56 is ORDINANCE NO. 3469.
NEW ORDINANCES
BILL NO. 05-57 was given first reading as follows:
AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM
AMERENUE FOR THE IMPROVEMENT OF COMMERCIAL STREET
The first reading of BILL NO. 05-57 was approved upon Ms. Ritter's motion, Mr. Herbst's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,
none.
BILL NO. 05-58 was given first reading as follows:
AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS AND A TEMPORARY
CONSTRUCTION EASEMENT FROM VARIOUS PROPERTY OWNERS FOR THE
IMPROVEMENT OF BROADWAY BETWEEN PERRY AVENUE AND HOUCK PLACE
The first reading of BILL NO. 05-58 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. 05-43 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MUNICIPAL
AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION
COMMISSION FOR IMPROVEMENTS ON MISSOURI ROUTE 61 FROM THE CAPE
GIRARDEAU CITY LIMITS TO INTERSTATE 55
The first reading of BILL NO. 05-43 was approved upon Ms. Boardman's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,
none.
BILL NO. 05-66 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE,
BY PLACING A YIELD SIGN ON LEMING LANE AT ITS INTERSECTION WITH
MERRIWETHER STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session March 21, 2005 1R2
Following comments by Ms. Ritter, the first reading of BILL NO. 05-66 was approved upon Mr.
Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, a
Hopkins, Knudtson and Ritter. Nays,none.
BILL NO. 05-61 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF BLATTNER DRIVE FOURTH
WEST MINOR SUBDIVISION
The first reading of BILL NO. 05-61 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. 05-62 was given first reading as follows:
AN ORDINANCE ACCEPTING SANITARY SEWER,UTILITY AND ACCESS EASEMENTS
FROM VARIOUS PROPERTY OWNERS FOR SANITARY SEWERS TO SERVE
WHISPERING OAKS SUBDIVISION AND THE MEADOWS OF WHISPERING OAKS
SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 05-62 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. 05-67 was presented as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, DIRECTING THE CITY MANAGER TO MAKE RECOMMENDATIONS TO
THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR CARRIER
SELECTION PERTAINING TO ESSENTIAL AIR SERVICE AT THE CAPE GIRARDEAU
REGIONAL AIRPORT
Mr. Leslie stated the Airport Advisory Board unanimously recommended that the Council should
support Regions Air. The Board interviewed two carriers and chose to stay with same carrier.
Following comments by the Council, the reading of BILL NO. 05-67 was approved and the
resolution adopted upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote:
Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-67 is
RESOLUTION NO. 2049.
BILL NO. 05-68 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH FRONABARGER CONCRETERS, INC., FOR THE COMMERCIAL STREET
RECONSTRUCTION PROJECT IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 05-68 was approved and the resolution adopted upon Mr. Herbst's
motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Knudtson and
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session March 21,2005 _1$
Ritter. Mr. Hopkins abstained for financial reasons due to a business relationship with
Fronabarger Concreters Nays,none. BILL NO. 05-68 is RESOLUTION NO. 2050.
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BILL NO. 05-63 was presented as follows:
A RESOLUTION AUTHORIZING THE FILING OF ALL NECESSARY DOCUMENTS WITH
THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, STATE REVOLVING FUND
PROGRAM FOR LOANS UNDER THE MISSOURI SAFE DRINKING WATER LAW
(SECTION 640, RSMo.)
The reading of BILL NO. 05-63 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. 05-63 is RESOLUTION NO. 2051.
BILL NO. 05-64 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A T-HANGAR
RENTAL AGREEMENT WITH DON AND TRISH PAULEY AT THE CAPE GIRARDEAU
REGIONAL AIRPORT
The reading of BILL NO. 05-64 was approved and the resolution adopted upon Mr. Herbst's
motion, Ms. Ritter's second,and the following vote: Ayes, Boardman,Herbst,Hopkins,Knudtson
and Ritter. Nays,none. BILL NO. 05-64 is RESOLUTION NO. 2052.
BILL NO. 05-60 was presented as follows:
A RESOLUTION ADOPTING THE FISCAL 2005-2010 CAPITAL IMPROVEMENTS
PROGRAM
The reading of BILL NO. 05-60 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. 05-60 is RESOLUTION NO. 2053
APPOINTMENTS
Mr. Ralph Maxton was appointed to the Planning and Zoning Commission for a term expiring
November 1, 2006, upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote:
Ayes,Boardman,Herbst, Hopkins,Knudtson and Ritter. Nays, none.
Mr. Scott House, David Rutherford and Mr. Jerry Lee Westbrook were appointed to the Historic
Preservation Commission for terms expiring April 16, 2008, upon Mr. Herbst's motion, Mr.
Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and
Ritter. Nays,none.
LIQUOR LICENSES
Mr. Herbst made a motion, seconded by Mr. Hopkins, to conditionally approve an original
package liquor license for Pajco, Inc. d/b/a Rhodes 101 Stop, 1620 North Kingshighway. The
motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and
Ritter. Nays,none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session March 21, 2005 184
Ms. Boardman made a motion, seconded by Mr. Hopkins, to approve a temporary 5% beer by the
drink license for the Humane Society of Southeast Missouri for an event to be held April 16, 2005,
at the A.C. Brase Arena. 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 approve a retail liquor by the drink and
Sunday sales license for Jerel Lichtenegger, d/b/a Taqueria Fiesta Mexicanna, 3049 William Street
Ste. 115. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson and Ritter. Nays,none.
OTHER
The preliminary plat of Orchard Park Subdivision, was approved upon Mr. Herbst's motion, Ms.
Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and
Ritter. Nays,none.
The Clark Avenue sewer improvements were accepted into the City's system, and final payment to
Robinson Construction Company was authorized, upon Mr. Herbst's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,
none.
The improvement plans for the street, storm sewers, sanitary sewers and detention basin serving
Coyote Creek Estates Subdivision were approved upon Mr. Herbst's motion, Ms. Ritter's second,
and the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson 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 and Ritter. Nays,
none.
o
ay B. udtson Mayor
Gayle .(onrad, City Clerk