HomeMy WebLinkAboutCouncil.Minutes.06-06-2005.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session June 6,2005 1_
REGULAR SESSION—JUNE 6,2005
The Cape Girardeau City Council convened in regular session on Monday, June 6, 2005, at 7:00
p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charlie
Herbst,Matthew Hopkins,Marcia Ritter,Loretta Schneider and Debra Tracy present.
Rev. Sam Ramdial with First General Baptist Church presented the invocation, and the Pledge of
Allegiance was recited.
Prior to and after 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. Section 610.021(1) and (2) upon Mrs. Boardman's motion, Mr.
Hopkins' second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter,
Schneider and Tracy. Nays,none.
The minutes of the May 11, 2005, special session and May 16, 2005, regular and closed sessions
were approved upon Mrs. Schneider's motion,Mrs. Tracy's second, and the following vote: Ayes,
Boardman, Herbst,Hopkins, Knudtson,Ritter, Schneider and Tracy. Nays,none.
The agenda was adopted upon Mrs. Schneider's motion, Mr. Herbst's second, and the following
vote: Ayes,Boardman,Herbst,Hopkins,Knudtson, Ritter, Schneider and Tracy. Nays,none.
COUNCIL COMMUNICATIONS
Mrs. Tracy stated that the Red House Ball will be held on June 25th. This will be a great
fundraiser, and individuals can contact the CVB, Red House or Arena Building for tickets.
Mrs. Boardman stated she completed a ride along with the Police Department on Friday evening.
The officers were very professional, and the night was very quiet. There were many people out,
but no one was breaking the law.
Mrs. Schneider reported on the status of the Bicentennial Committee . Two meetings have been -
held, and activities will start in February of 2006. All other events in the City during 2006 will
join in with the celebration, and there will be a large event in conjunction with Libertyfest.
Mrs. Schneider spoke regarding the Litter Campaign Committee. She is on the Beautification
Sub-Committee. The committee discussed many ideas, including becoming an affiliate of"The
Keep America Beautiful" national campaign and maintaining green spaces. This will be an
ongoing sub-committee to keep Cape clean.
Upon questioning by Mrs. Schneider, City Manager Doug Leslie reported that the contractor
working on the sidewalk/trail project is also working on the Water Street project as well. Some
backfilling and seeding has been completed on Perryville Road, and all the work should be
completed by the end of summer. He will have staff contact the contractor about making
landscaping a priority.
Ms. Ritter stated she represented the City at the Dalhousie Open House last weekend. This area is
very impressive, and it will have 3,500 people in the subdivision once it is completed. Dalhousie
now has 100 employees.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Rpgitlar Session .lune 6, 2005 232
Mayor Knudtson stated he attended the Neighborhood Connections Meeting with Barb Port and
George Jones at the May Greene Garden.
F
Mayor Knudtson read a letter from Prost Builders commending the Inspection Services
Department for working with the company on the development of the Marquette Plaza.
CITY MANAGER'S COMMUNICATIONS
Mr. Leslie introduced Damn Shreeves. He is an intern from SEMO working with Heather
Brooks, Assistant to the City Manager, on the All American City application as well as other
projects within the City.
Mr. Leslie introduced Denise Wimp from First Call for Help services. Ms. Wimp gave a brief
history of the First Call for Help Information and Referral Help Line. She presented statistics on
phone calls and referrals and stated she is working on securing the National Call Center 211 help
line designation. First Call for Help is funded through the United Way.
PUBLIC HEARINGS
This being the date set for a public hearing to discuss the past performance by the City in carrying
out the City's Community Development Block Grant 2000 loan and 2001 grant to construct a
building and water main to support the location of an aircraft manufacturer at the Cape Girardeau
Regional Airport,the hearing was opened. There being no appearances,the hearing was closed.
This being the date set for a public hearing regarding the proposed Annual Operating Budget for
Fiscal Year 2005-2006, the hearing was opened. There being no appearances, the hearing was
closed.
BILL NO. 05-125 was given the first reading as follows:
AN ORDINANCE ADOPTING THE ANNUAL OPERATING BUDGET FOR THE CITY OF
CAPE GIRARDEAU,MISSOURI, FOR THE FISCAL YEAR BEGINNING JULY 1,2005
The first reading of BILL NO. 05-125 was approved upon Mr. Herbst's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider
and Tracy. Nays, none. Mr. Herbst commended staff on getting information to Council earlier.
Mayor Knudtson stated if the Council decides they want changes it can be amended at the second
and third reading or even after it is adopted.
This being the date set for a public hearing regarding the request of Stacy Lange for a special use
permit for a daycare for up to eight children with one assistant at 733 Watkins Drive, located in an
R-4, multi-family residential district, this 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" fro the City Code; (2) the application for special use
permit; and(3)the application file.
Mr. Scott Browning presented letters signed by residents of Watkins and North Street which
outlined objections to the request. There being no further appearances, the hearing was closed.
BILL NO. 05-117 was given the first reading as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session June 6,2005 _233_
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JEROME SEYER, BRENDA
SEYER AND STACY LANGE FOR PURPOSES OF MAINTAINING AND OPERATING A
Z DAYCARE AT 733 WATKINS DRIVE, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU,MISSOURI
The first reading of BILL NO. 05-117 failed upon Mr. Hopkins' motion,Mr. Herbst's second, and
the following vote: Ayes, none. Nays, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider
and Tracy. Mr. Hopkins then made a motion, seconded by Mrs. Boardman, to adopt findings and
conclusions for denying the request. The motion was approved upon the following vote: Ayes,
Boardman,Herbst,Hopkins,Knudtson,Ritter, Schneider and Tracy. Nays,none.
This being the date set for a public hearing regarding the request of Dalhousie L.L.C. to rezone a
tract of property at the northern end of the proposed development at the Dalhousie Golf Course to
R-4, multi-family residential, and a special use permit for a community unit plan for
condominiums located 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" fro the
City Code; (2) the application for special use permit; and (3) the application file. There
being no appearances,this hearing was closed.
BILL NO. 05-119 was given the first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DALHOUSIE, L.L.C., FOR
THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A COMMUNITY
UNIT PLAN LOCATED ON THE NORTHERN END OF THE PROPOSED DEVELOPMENT
SITE AT THE DALHOUSIE GOLF COURSE, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU,MISSOURI
The first reading of BILL NO. 05-119 was approved upon Ms. Ritter's motion, Mr. Hopkins'
second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider
and Tracy. Nays,none.
BILL NO. 05-120 was given the first reading as follow:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE
NORTHERN END OF THE PROPOSED DEVELOPMENT SITE AT DALHOUSIE GOLF
COURSE, CITY AND COUNTY OF CAPE GIRARDEAU,FROM R-1 TO R-4
The first reading of BILL NO. 05-120 was approved upon Mrs. Boardman's motion, Ms. Ritter's
second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider
and Tracy. Nays,none.
This being the date set for a public hearing regarding the request of the Plunk Family Revocable
Living Trust, Raymond Smith and the City of Cape Girardeau for a special use permit for parking
in a residential district for a commercial establishment at 506 N. West End Boulevard located in an
R-2, single-family residential district, this 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" fro the City Code; (2) the
application for special use permit; and (3) the application file.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session June 6,2005 _234
Ms. Martha Brown, Planner with the City of Cape Girardeau, Planning Services, explained the
request for a parking lot just north of Hardees on Broadway for the Broadway widening project.
Ms. Brown stated the City is working to finalize negotiations with Hardees and working with the F
property owner to the north to eliminate concerns with lighting and the trash dumpster. The City
has not received any comments from Park Street residents. W
Mr. Casey Sheehan appeared and stated he owns the property to the north of the proposed parking
lot. He expressed concerns with green space between his lot and the parking lot. It is not kept up
or cleaned now, and he stated he would be happy to maintain the property. He also asked who
would own the property, where the fence would be located,how far down the fence will go toward
West End, and if the City will provide trees to grow up over the height of the fence so the residents
will not be able to see the parking lot.
Mr. Leslie replied that Ms. Brown met with Mr. Mike Sheehan last Friday and addressed these
issues with him at that time. Ms. Brown continued that since the City is still in negotiations with
Hardees,the issues of ownership and maintenance could not yet be discussed.
Mr. Mike Sheehan, 510 N. West End, appeared and expressed concerns with the location of the
Hardee's dumpster. He suggested it be placed on Dave Sander's property, which is the old clock
shop on Broadway. He presented pictures of the area to the Council and requested the City not
remove the large sugar maple tree. Mr. Sheehan stated he felt the Broadway widening was a good
project, he is willing to work with city, and he wants the City to put in new trees along the fence
row.
There being no further appearance this hearing was closed.
BILL NO. 05-123 was given the first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE CITY OF CAPE
GIRARDEAU FOR PURPOSES OF CONSTRUCTING AND MAINTAINING A PARKING
LOT AT 506 N. WEST END BOULEVARD, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
Mr. Herbst made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 05-
123. Mr. Hopkins made a motion, seconded by Mr. Herbst , to amend the ordinance to include the
conditions in the Special Use Permit as set forth by the Planning and Zoning Commission. The
conditions include that the trash dumpster not be placed on the new parking area as a whole and
that if any lighting is installed on the new area that it be directional and aimed away from the
adjoining residential areas. The amendment was approved with the following vote: Ayes,
Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. The original
motion was approved as amended upon the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Ritter, Schneider and Tracy. Nays,none.
This being the date set for a public hearing to consider vacating the City's interest in a 16' alley
which runs from Herman Street to College Street, between Louis Street and Koch Street, the
hearing was opened. Mr. Art LeGrand appeared to support the vacation of the alley and to answer
any questions. Mayor Knudtson stated that 10 of the 12 residents on the alley signed the petition
to support Mr. LeGrand's request.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session June 6, 2005 235
Mr. Josh Richardson, City Engineer, stated he contacted the two who did not sign the petition.
One of the two did not say that they supported or denied it. The other, Mr. Amos, opposed the
_i 1 vacation of the alley.
i Mr. LeGrand explained that Mr. Amos does not use the alley for traffic,but he does use it to bring
cars into his back yard to repair. He indicated he wanted to put in a driveway,but he has not. Mr.
LeGrand stated that reasons to close the alley include: (1) eliminate noise and dust from kids and
motorbikes; (2) prevent the destruction of the grassy area he has maintained; (3) prevent adverse
affects on the character of the neighborhood; and (4)to prevent conflict with the overall city plan.
He continued that Mr. Amos does have access to a garage from the front of his house; however,he
cannot get a car through to the back yard to work on it. Mr. LeGrand stated that the area is abused
and torn up by the kids putting in bike ramps. He asked if the city could level out the ground and
knock down the ramps.
Upon questioning by Ms. Boardman, Mr. Leslie explained that once the alley is vacated, the
property would revert to the adjoining property owners and they are then responsible for
maintenance of the area. The City could change the curb lines so that it does not look like an
entrance to a street or alley.
Ms. Barbara Narsh, 535 Lewis, appeared and stated that the back of her yard adjoins the alley to
the north of this alley. The kids start riding their bikes in the alley behind her home and progress
to the alley in the 500 block of Herman.
Mr. Darren Harris appeared and stated he lives in a rental house next to Mr. LeGrand on Herman
Street. He expressed support to vacate this alley. He has a problem with the gentleman behind
him who wants to put a driveway in through this alley.
There being no further appearances,the hearing was closed.
BILL NO. 05-126 was given first reading as follows:
AN ORDINANCE VACATING AN ALLEY RUNNING FROM HERMAN STREET TO
COLLEGE STREET BETWEEN LOUIS STREET AND KOCH STREET IN CITY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BILL NO. 05-126 was approved upon Mr. Herbst's motion, Mrs. Boardman's
second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider
and Tracy. Nays,none.
APPEARANCES
Mr. John Perry, 630 N. Street, appeared regarding the liquor license for 1101 William Street for
JD's Quick Shop. He owns the property behind the building that adjoins JD's property. It is a
rental home, and the tenants are being cited for litter violations. However, all of the litter is from
the patrons at JD's. The residents can pick up the trash one day and it is trashed the next. The
store does not help with the cleanup, and his tenants are frustrated with getting cited. Mr. Perry
stated street lights need to be put up in this area, and he expressed concern with the open
prostitution in the area.
Captain Carl Kinnison from the Cape Girardeau Police Department stated that the City has not
found anything to deny the owner/manager a liquor license. They have complied with all laws
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session June 6,2005 236
inside the establishment. Mr. Herbst added that with the type of license at this business, if a
person purchases alcohol there, it cannot be consumed until the liquor is removed from the
premises.
Mayor Knudtson stated that the Council cannot deny the Liquor License; however, it will have the
Police Department work with the owners regarding the trash problems.
CONSENT ORDINANCES
The following bills were given second and third readings.
BILL NO. 05-103 AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260
OF THE CITY CODE BY ESTABLISHING HANDICAP PARKING
ON A PORTION OF BROADWAY, IN THE CITY OF CAPE
GIRARDEAU,MISSOURI
BILL NO. 05-108 AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE
MEADOWS SECOND
BILL NO. 05-110 AN ORDINANCE ACCEPTING PERMANENT WATERLINE
EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS
FROM VARIOUS PROPERTY OWNERS FOR WATERLINE
IMPROVEMENTS ALONG BERTLING STREET AND OLD SPRIGG
STREET ROAD
BILL NO. 05-111 AN ORDINANCE ACCEPTING TEMPORARY CONSTRUCTION
EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE
IMPROVEMENT OF BROADWAY BETWEEN PERRY AVENUE
AND HOUCK PLACE
The second and third readings of BILL NOs. 05-103, 05-108, 05-110 and 05-111 were approved
and the ordinances adopted upon Mr. Herbst's motion, Mrs. Tracy's second, and the following
vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none.
BILL NO. 05-103 is ORDINANCE NO. 3493; BILL NO. 05-108 is ORDINANCE NO. 3494;
BILL NO. 05-110 is ORDINANCE NO. 3495; BILL NO. 05-111 is ORDINANCE NO. 3496.
NEW ORDINANCES
BILL NO. 05-113 was given first reading as follows:
AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM A & A OF CAPE
GIRARDEAU, INC. FOR PROPERTY ON LISA DRIVE FOR STORM WATER
IMPROVEMENTS
The first reading of BILL NO. 05-113 was approved upon Mr. Herbst's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider
and Tracy. Nays,none.
BILL NO. 05-114 was given first reading as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session June 6,20057_
AN ORDINANCE AMENDING SECTION 22-39(b) OF THE CITY CODE RELATING TO
DISPOSAL OF WASTE CHARGES
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The first reading of BILL NO. 05-114 was approved upon Mr. Herbst's motion, Mrs. Schneider's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider
and Tracy. Nays, none. Mr. Leslie presented a brief history of when fees are set and when these
changes were discussed with Council. These fees are reviewed annually to cover operating
expenses, debt of the enterprise funds, and bond indebtedness. The results of the new rates will be
a $1.35 average increase in monthly utility bill, $2.00 increase in dumping fees at the transfer
station, and$3.25 increase for commercial fees.
BILL NO. 05-118 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 29 OF THE CITY CODE RELATING TO WATER
RATES
The first reading of BILL NO. 05-118 was approved upon Mr. Hopkins' motion, Mrs. Tracy's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider
and Tracy. Nays,none.
BILL NO. 05-121 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 29 OF THE CITY CODE RELATING TO SEWER
SERVICE CHARGES
The first reading of BILL NO. 05-121 was approved upon Mrs. Boardman's motion,Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider
and Tracy. Nays,none.
BILL NO. 05-122 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 22 OF THE CITY CODE RELATING TO SOLID
WASTE FEES
The first reading of BILL NO. 05-122 was approved upon Ms. Ritter's motion, Mrs. Schneider's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider
and Tracy. Nays,none.
BILL NO. 05-124 was given the first reading as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH KELLEY TRANSPORTATION CO., INC., FOR SUBSIDIZED TRANSPORTATION
COUPON SERVICES
The first reading of BILL NO. 05-122 was approved upon Mr. Hopkins' motion, Mr. Herbst's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider
and Tracy. Nays, none. Upon questioning by Ms. Ritter, Finance Director John Richbourg
explained the gasoline surcharge included in the contract. Mrs. Tracy expressed concerns with the
liability insurance coverage by Kelley. City Attorney Eric Cunningham explained that the City
normally requires liability limits the same as limits for the City under state law. However, Kelley
reduced the rate to $100,000 and they are the only bidder for this service. Mr. Leslie continued
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session Jnne 6, 2005 238
that this reduction has been approved in all previous contracts with Kelley. In addition, the
County Transit Study will be presented to Council in the fall.
BILL NO. 05-127 was given the first reading as follows:
W
AN ORDINANCE ACCEPTING A PERMANENT CONSTRUCTION EASEMENT FROM ST.
ANDREW LUTHERAN CHURCH TO CONSTRUCT AND MAINTAIN A CUL-DE-SAC AS
PART OF THE KINGSHIGHWAY-CAPE ROCK DRIVE-KINGSWAY TRAFFIC
IMPROVEMENT PROGRAM
The first reading of BILL NO. 05-127 was approved upon Mr. Herbst's motion, Mrs. Schneider's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider
and Tracy. Nays,none.
BILL NO. 05-128 was given the first reading as follows:
AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE
BY ESTABLISHING A NO PARKING ZONE ON NORTH WEST END BLVD. NEAR THE
INTERSECTION OF HIGHLAND DRIVE, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL NO. 05-128 was approved upon Mr. Herbst's motion, Mrs. Schneider's
second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, and
Schneider. Nays,none. Mrs. Tracy abstained for financial reasons because her house is located in
this area.
BILL NO. 05-129 was given the first reading as follows:
AN ORDINANCE ACCEPTING SANITARY SEWER, UTILITY AND ACCESS EASEMENTS
FROM VARIOUS PROPERTY OWNERS FOR B, C AND D 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. 05-129 was approved upon Mr. Herbst's motion, Mr. Hopkins'
second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider
and Tracy. Nays,none.
RESOLUTIONS
BILL NO. 05-115 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 14 TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH JACOBS CIVIL,
INC., FOR THE SOUTH RAMSEY LIFT STATION PROJECT, IN THE CITY OF CAPE
GIRARDEAU, MO
The reading of BILL NO. 05-115 was approved and the resolution adopted upon Mr. Herbst's
motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-115 is RESOLUTION NO.
2077.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session June 6,2005 239
BILL NO. 05-116 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A WEBSITE
DEVELOPMENT AND HOSTING AGREEMENT WITH ELEMENT 74, L.L.C., FOR THE
CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 05-116 was approved and the resolution adopted upon Mr. Herbst's
motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-116 is RESOLUTION NO.
2078.
BILL NO. 05-131 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO CLOSE KINGSWAY DRIVE
PERMANENTLY ADJACENT TO ST. ANDREW LUTHERAN CHURCH, IN THE CITY OF
CAPE GIRARDEAU,MISSOURI
The reading of BILL NO. 05-131 was approved and the resolution adopted upon Mr. Herbst's
motion, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-131 is RESOLUTION NO.
2079.
APPOINTMENTS
Mr. George Peo was appointed as a full member of the Board of Adjustment for a term expiring
March 6, 2009, and Mr. Larry Caldwell was appointed as an alternate member of the Board of
Adjustment for a term expiring September 4, 2005, upon Mrs. Boardman's motion, Mrs.
Schneider's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter,
Schneider and Tracy. Nays,none.
Mrs. Boardman made a motion, seconded by Mr. Hopkins, to appoint Ms. Sara Appel and Ms.
Lisa Graham to the Historic Preservation Commission for terms expiring April 16, 2007, and to
appoint Felix Kinsley emeritus status to this Commission. The motion was approved upon the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,
none.
Mr. Michael Buckley was appointed to the Cable Television Advisory Committee for a term
expiring February 20, 2007, upon Mr. Herbst's motion, Mr. Hopkins' second and the following
vote: Ayes,Boardman,Herbst, Hopkins,Knudtson,Ritter, Schneider and Tracy. Nays,none.
Ms. Nikki Stallion was appointed to the Vision 2020 Community Relations Council for a term
expiring December 31, 2005, upon Mrs. Schneider's motion, Mrs. Tracy's second and the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,
none.
LIQUOR LICENSES
Mr. Hopkins made a motion, seconded by Mr. Herbst to approve the liquor licenses listed below.
The motion was approved upon the following vote: Ayes, Boardman,Herbst, Hopkins,Knudtson,
Ritter, Schneider and Tracy. Nays,none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session June 6,2005 240
5% beer by the drink license for MidAmerica Hotels, Corp., d/b/a Holiday Inn Express, 3253
William,Daniel M. Drury,Managing Officer.
Renewal of the following liquor licenses:
Original Package Liquor and Sunday Sales:
Martin & Bayley, Inc. d/b/a Hucks Food & Fuel #271, 353 S. Kingshighway, Robert
Schaefnocker, Managing Officer
Sam's East Inc. d/b/a Sam's Club#6479, 232 Shirley, Janet Lynn,Managing Officer
Cassandra Lee Gibson d/b/a JD's Quick Shop, 1101 William, Cassandra Gibson, Managing
Officer
Retail Liquor by the Drink:
Jerel Lichtenegger d/b/a Taqueria Fiesta Mexicana, 3049 William, Jerel Lichtenegger,
Managing Officer
Mid America Trading LLC d/b/a Saffron, 97 N. Kingshighway, Supaporn Hill, Managing
Officer
Mark J. Weber d/b/a Rude Dog Pub, 123 N. Main,Mark Weber,Managing Officer
Fred Glueck d/b/a Player's, 632 Broadway,Fred Glueck, Managing Officer
Independence Place Inc. d/b/a Main Street Bar, 701 N. Main, Rick Werner, Managing
Officer
Independence Place Inc. d/b/a Independence Place, 5 S. Henderson, Rick Werner, Managing
Officer
Autumn Demopoulos d/b/a California Juice Club, 1034 Broadway, Autumn Demopoulos,
Managing Officer
Craig Horky d/b/a Daytimer's Lounge, 829 S. Kingshighway, Craig Horky, Managing
Officer
Retail Liquor by the Drink and Sunday Sales:
Rockhouse Entertainment d/b/a Show-Me's, 1751 Independence, Donald Harris, Managing
Officer
Gourmet Systems Inc. d/b/a Applebee's Neighborhood Grill & Bar, 202 S. Broadview, Gary
Tauscher, Managing Officer
Loi Ha d/b/a The Billiard Center, 26 N. Main,Loi Ha, Managing Officer
Drury Lodge Inc., 104 Vantage, Larry Welker,Managing Officer
5%Beer by the Drink& Wine Tasting
Debra Martin d/b/a Patricia Ann's LLC, 130 N. Main,Debra Martin, Managing Officer
Conditional renewal of the following liquor licenses:
Original Package Liquor:
Pajco, Inc. d/b/a Rhodes 101 Stop, 1620 N. Kingshighway, Paul Dirnberger, Managing
Officer
Original Package Liquor and Sunday Sales:
Bi-State Oil Co. d/b/a Bi-State/Southern, 400 Morgan Oak, Robert Scott Blank, Managing
Officer
Wal-Mart Stores East LP d/b/a Wal-Mart Supercenter #188, 3439 William, Janet Lynn,
Managing Officer
Retail Liquor by the Drink:
Rodney Pobst d/b/a Pourhouse Pub, 113 Broadway, Rodney Pobst,Managing Officer
Tamara Zellers Buck d/b/a The Phat Cat, 731 Broadway, Tamara Buck,Managing Officer
McGroarty's, Inc d/b/a Jeremiah's, 127 N. Water, Donald Ganim,Managing Officer
Misty Thrower d/b/a Bel Air Grill, 24 S. Spanish,Misty Thrower, Managing Officer
Carol Jean Littge d/b/a Pockets, 1444 Independence, Carol Littge, Managing Officer
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session June 6,2005 241_
Retail Liquor by the Drink and Sunday Sales:
Doc Cain, Inc. d/b/a Port cape Girardeau, 19 N. Water,Dennis R.H. Cain,Managing Officer
Somchai Prasanphanich d/b/a Pagoda Gardens, 329 S. Kingshighway, Somchai
Prasanphanich,Managing Officer
Mollie's Café Bar of Cape Girardeau, Inc., 11 S. Spanish,Michael Risch,Managing Officer
Drury Inns, Inc d/b/a Drury Suites, 3303 Campster,Randy Kluge,Managing Officer
S. Cordell Dombrowski d/b/a Dalhousie Golf Club LLC, 5670 Bloomfield Rd., Cordell
Dombrowski,Managing Officer
Cape Girardeau Country Club Trust,250 Country Club,Cathy Fowler, Managing Officer
Marx LLC d/b/a Bella Italia,20 N. Spanish, Mark Dirnberger, Managing Officer
Phillip Brinson d/b/a Cape Girardeau Brewing Co. LLC, 132 N. Main, Phillip Brinson,
Managing Officer
5%Beer by the Drink:
P.H. of Cape Girardeau, Inc. d/b/a Pizza Hut, 215 S. Kingshighway, Sheri Coerver,
Managing Officer
5%Beer by the Drink and Sunday Sales:
SEMO Pizza, Inc. d/b/a Imo's Pizza, 1201 Broadway, Scott Bucher,Managing Officer
Manufacturer of Beer
Phillip Brinson d/b/a Cape Girardeau Brewing Co. LLC, 132 N. Main, Phillip Brinson,
Managing Officer
OTHER
Mr. Herbst made a motion, seconded by Mrs. Schneider to accept into the city's system the B, C,
and D sanitary sewer to serve Whispering Oaks Subdivision and The Meadows of Whispering
Oaks Subdivision, except for lift station C 1, manhole C29, and the gravity sewer and manholes
from manhole C29 to lift station Cl and the 8"force main from lift station Cl to B23. The motion
was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter,
Schneider and Tracy. Nays,none.
The Council discussed their options and ideas for establishing a Charter Review Committee.
Following discussion, the Mayor stated he feels that Hugh White would be a great chairman, and
the following individuals were recommended to serve on the Committee.
Mrs. Schneider recommended Dan Niswonger and Jim Limbaugh
Mr. Herbst recommended Thomas M. Meyer and Beckie Richey
Mrs. Boardman recommended Chris Hutson
Mrs. Tracy recommended Ron Hahs
Mr. Hopkins recommended John Layton
Mrs. Ritter recommended Kathy Swan.
Mr. Hopkins made a motion, seconded by Mrs. Boardman to appoint the recommended
individuals to serve on the Charter Review Committee. The motion was approved upon the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,
none.
The council then discussed a possible timeline for the Committee, and it was agreed to allow the
committee to develop its own timeline, but to consider a possible November election date. Mayor
Knudtson stated the four issues previously discussed by the Council will be presented to the
Committee for review.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session June 6, 2005 247
There being no further business, the City Council adjourned to closed session for purposes of
discussing property acquisition, litigation, and confidential communications with the City
Attorney, pursuant to RSMo. Section 610.021(1) and (2) upon Mr. Hopkins' motion,Mr. Herbst's
second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider
and Tracy. Nays,none.
Ja :. Knudtson Mayor
111 i9 enmed
Gayle L. d, City Clerk