HomeMy WebLinkAboutCouncil.Minutes.08-01-2005.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session August 1, 2005 273
REGULAR SESSION—AUGUST 1,2005
The Cape Girardeau City Council convened in regular session on Monday,August 1,2005, 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.
City Attorney Eric Cunningham presented the invocation and the Pledge of Allegiance was
recited.
Prior to the regular session, the City Council convened in closed session for purposes of discussing
property acquisition, litigation,confidential communications with the City Attorney, and personnel
pursuant to RSMo. Section 610.021(1), (2) and (3) upon Mrs. Tracy's motion, Ms. Ritter's
second, and the following vote: Ayes, Boardman, Knudtson, Ritter, Schneider, and Tracy. Nays,
none. [Herbst and Hopkins were absent for this vote.]
The minutes of the July 18, 2005, regular and closed sessions were approved upon Mr. Herbst's
motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson,Ritter, Schneider and Tracy. Nays,none.
The agenda was adopted upon Mrs. Boardman's motion, Mrs. Tracy's second, and the following
vote: Ayes,Boardman, Herbst, Hopkins, Knudtson,Ritter, Schneider,and Tracy. Nays,none.
COUNCIL COMMUNICATIONS
Upon questioning by Mrs. Schneider, City Manager Doug Leslie reported on the status of the
sidewalk project on Lexington. Once the construction is complete, it will be the responsibility of
the property owners in residential areas to mow the area between the curb and sidewalk. The City
will mow the large,open areas.
Mrs. Boardman thanked the Police Department for their work on Hanover Street and for dealing
with the recent heat related deaths.
Mrs. Tracy thanked the City Manager and City Staff for their hard work on the Transportation
Trust Fund election for the benefit of the City.
Mr. Hopkins commended Airport Manager Bruce Loy and staff for a successful air show. He also
commended Inspection Services Director, Robb McClary, for taking care of a recent driveway
situation with a resident.
Mayor Knudtson presented the following:
1. He commended Bruce Loy on a successful air show. With the success of the Friday evening
show,the City may work towards more evening activities in future years.
2. He participated in a conference call on Friday about the announcement of funds earmarked in
the Federal Highway Bill for the LaSalle/East Main interchange. Legislators worked hard on
this funding, and it shows their commitment to Cape. All the parties involved will meet this
week to work out the details. LaSalle is in the TTF 3 proposal,but there are other priorities on
the list to consider in place of this project if necessary. Mr. Hopkins continued that the City of
Jackson is voting on the Inter-Governmental Agreement at their meeting this evening, and the
County Commission has a consensus on the agreement and will vote on it in the near future.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Rpgnlar Session Aug»st 1, 20115 274
3. He commended staff for their hard work on TTF3 and urged all to vote on this issue on
Tuesday.
4. Capaha Pool has been closed due to the inability to get parts to repair the pump. Mr. Leslie
stated that the pump is 50 years old and will take ten weeks to get parts. All activities have
moved to Central Pool. W
CITY MANAGER'S COMMUNICATIONS
Mr. Leslie reported on the following:
1. The Groundbreaking Ceremony will be Friday morning on the Kingshighway turn lane
project at Cape Rock Drive.
2. The Linden Street project open house is scheduled for August 4 at the Cape County
Health Department Office.
PUBLIC HEARINGS
This being the date set for a public hearing regarding the request of the Trust of Robert F. and
Gertrude L. Shuck and Raycom America, Inc., (owner of KFVS-TV) to rezone 229 North
Lorimier Street from R-4, Multi-Family Residential District, to C-3, Central Business District, this
hearing was opened. Mr. Jim Robinson, attorney, appeared on behalf of the Shuck family. The
property has been vacant for years, and the family is selling the property to KFVS. Mr. Mike
Smythe of Raycom Media appeared and explained that Raycom had a lease for a parking area with
Zimmer Radio; however, this was lost this when the business was sold. All employees of KFVS
are now parking on the streets. Raycom is purchasing the Shuck property to turn it into a parking
lot. The Planning and Zoning Commission said they should put up a stockade fence between the
parking lot and the property next to it, and Raycom has agreed to do this. There being no further
appearances, the hearing was closed.
BILL NO. 05-167 was given 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 229 NORTH
LORIMIER STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4
TO C-3
The first reading of BILL NO. 05-167 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.
This being the date set for a public hearing regarding the property tax rates proposed to be set by
the City of Cape Girardeau for the fiscal year beginning July 1, 2005, and the real property tax rate
proposed to be set for the Special Business District No. 2 for the fiscal year beginning July 1,
2005,this hearing was opened. There being no appearances this hearing was closed.
BILL NO. 05-169 was given first reading as follows:
AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE
TAX; LIBRARY FUND TAX; PUBLIC HEALTH TAX; SPECIAL BUSINESS DISTRICT
TAX NO. 2; FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, 2006
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session August 1,2005
The first reading of BILL NO. 05-169 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.
APPEARANCES
Mr. James Childers, Manager for Texas Roadhouse, appeared and requested approval of the liquor
license for this establishment. Access to the restaurant will be from Doctor's Park Drive as well as
the rear of Cracker Barrel.
Mrs. Tracey made a motion, seconded by Mrs. Schneider. to conditionally approval a retail liquor
by the drink and Sunday sales liquor license for Cape Roadhouse, d/b/a Texas Roadhouse, 13
Doctor's Park Drive, Brian Judd,Managing Officer.
CONSENT ORDINANCES
The following bills were given second and third readings:
BILL NO. 05-159 AN ORDINANCE ACCEPTING A PERMANENT UTILITY
EASEMENT FROM LOWES HOME CENTER, INC., FOR
WATERLINE IMPROVEMENTS
BILL NO. 05-160 AN ORDINANCE APPROVING THE RECORD PLAT OF DSWD
INDEPENDENCE SUBDIVISION NO. 3
BILL NO. 05-161 AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM THE
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
FOR WORK RELATED TO THE SOUTH RAMSEY BRANCH LIFT
STATION AND FORCE MAIN PROJECT, IN THE CITY OF CAPE
GIRARDEAU,MISSOURI
BILL NO. 05-162 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, TO EXECUTE AN AGREEMENT
ON BEHALF OF THE CITY WITH THE MISSOURI DEPARTMENT
OF TRANSPORTATION FOR A GRANT TO FUND A GENERAL
PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER
CHAPTER 53 (5311)OF TITLE 49,UNITED STATES CODE
BILL NO. 05-157 AN ORDINANCE APPROVING THE RECORD PLAT OF THE
VILLAS OF WEST PARK
Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the second and third readings
of BILL NOs. 05-159,05-160, 05-161, 05-162, and 05-157 and adopt the ordinances. The motion
was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter,
Schneider and Tracy. Nays, none. BILL NO. 05-159 is ORDINANCE NO. 3528; BILL NO. 05-
160 is ORDINANCE NO. 3529; BILL NO. 05-161 is ORDINANCE NO. 3530; BILL NO. 05-
162 is ORDINANCE NO. 3531; BILL NO. 05-157 is ORDINANCE NO. 3532.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session August 1,7005 276
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NEW ORDINANCES
BILL NO. 05-166 was given first reading as follows: F
AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE W
BY ESTABLISHING SPEED LIMITS ON SIEMERS DRIVE, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BILL NO. 05-166 was approved upon Ms. Ritter's motion, Mrs. Tracy's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider,
and Tracy. Nays,none.
BILL NO. 05-171 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A GENERAL WARRANTY
DEED TO ALLIANCE BANK FOR REAL PROPERTY LOCATED IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BILL NO. 05-171 was approved upon Mrs. Boardman's motion, Mrs.
Schneider's second and the following vote: Ayes, Boardman, Herbst, Knudtson, Ritter, Schneider
and Tracy. Nays, none. Mr. Hopkins abstained for financial reasons; he has a business
relationship with Alliance Bank. Upon questioning by Ms. Ritter, Mr. Leslie explained that this is
for property bordering Public Works Property on North Kingshighway at Alliance Bank and will
straighten out the property line.
BILL NO. 05-170 was given first reading as follows:
AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM ALLIANCE
BANK FOR A PROPERTY TRANSFER BETWEEN ALLIANCE BANK AND THE CITY OF
CAPE GIRARDEAU
The first reading of BILL NO. 05-170 was approved upon Mr. Herbst's motion, Mrs. Schneider's
second and the following vote: Ayes, Boardman, Herbst, Knudtson, Ritter, Schneider and Tracy.
Nays, none. Mr. Hopkins abstained for financial reasons; he has a business relationship with
Alliance Bank.
BILL NO. 05-173 was given first reading as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 3520 APPROPRIATING FUNDS FOR
OPERATING EXPENDITURES, DEBT SERVICE PAYMENTS, CAPITAL EXPENDITURES,
AND TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2005, IN THE CITY OF
CAPE GIRARDEAU,MISSOURI
The first reading of BILL NO. 05-173 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. 05-174 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF DEEVERS FARM-PHASE I
SUBDIVISION
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session August 1, 2005 277
The first reading of BILL NO. 05-174 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.
i
RESOLUTIONS
BILL NO. 05-175 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW
AGREEMENT WITH CAPE CUSTOM HOMES, L.L.C., AND REGIONS BANK FOR THE
DEEVERS FARM-PHASE I SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The reading of BILL NO. 05-175 was approved and the resolution adopted 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. 05-175 is RESOLUTION NO.
2090. Ms. Ritter asked how many acres are in the entire subdivision development, including all
phases. Mr. Michael Jones stated there are 48 acres.
BILL NO. 05-163 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENGINEERING SERVICES CONTRACT WITH HENEGHAN AND ASSOCIATES, P.C.,
FOR INDEPENDENCE STREET IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The reading of BILL NO. 05-163 was approved and the resolution adopted upon Mrs. Boardman's
motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-163 is RESOLUTION NO.
2091.
BILL NO. 05-165 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROPOSAL TO
MANAGE RECYCLABLE MATERIALS WITH ISI ENVIRONMENTAL & RECYLING,
L.L.C./INTER-RAIL SYSTEMS, INC.
The reading of BILL NO. 05-165 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. 05-165 is RESOLUTION NO.
2092. Mayor Knudtson stated he has had numerous phone calls from commercial entities asking
why they can't participate in the recycling program. He requested Mr. Leslie to look into the
feasibility of working on a recycling program for commercial businesses. Mr. Leslie stated that
this contract will provide approximately$10,000 more in annual revenue and allow the addition of
plastic grocery bags for pickup. In addition, approximately seven or eight years ago the City
stopped offering commercial solid waste pickup. and the recycling program is supported by
residential solid waste fees. Public Works will look into accepting cardboard from commercial
businesses after the move to the new building.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session August 1,2005 27R
BILL NO. 05-168 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A a
SUPPLEMENTAL LEASE AGREEMENT WITH THE U. S. GENERAL SERVICES
ADMINISTRATION FOR OFFICE SPACE AT THE CAPE GIRARDEAU REGIONAL W
AIRPORT
The reading of BILL NO. 05-168 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-168 is RESOLUTION NO.
2093.
BILL NO. 05-172 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CLAIMS
ADMINISTRATION AGREEMENT WITH CORPORATE CLAIMS MANAGEMENT, INC.,
FOR THE ADMINISTRATION OF WORKERS' COMPENSATION CLAIMS FOR THE CITY
OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 05-172 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. 05-172 is RESOLUTION NO.
2094. Mr. Leslie explained the function of this company and the services it provides. Ms. Ritter
would like to see the trends of the City's workers' compensation claims.
LIQUOR LICENSE
Mrs. Boardman made a motion, seconded by Mrs. Schneider, to approve a temporary 5% beer by
the drink license for Southeast Missouri Hospital Foundation d/b/a Southeast Showcase Food and
Beverage Party to be held at the Show Me Center October 28-30, 2005. The motion was approved
upon the following vote: Ayes, Boardman, Herbst, Hopkins, Ritter, Schneider and Tracy. Nays,
none. Mayor Knudtson abstained for financial reasons; he is a trustee at the hospital.
OTHER
Mr. Herbst made a motion, seconded by Mrs. Tracy, to grant a request for an out-of-district sewer
connection from George H. Wrape, Jr., at 2320 Perryville Road in Sewer District 14-R-3. The
motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,
Ritter, Schneider and Tracy. Nays,none.
Mr. Herbst made a motion, seconded by Mrs. Schneider,to approve the preliminary plat of Willow
Park Neighborhood. The motion was approved upon the following vote: Ayes, Boardman,
Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none.
Mr. Herbst made a motion, seconded by Mrs. Schneider to accept into the city's system the streets,
sanitary sewers, water lines and storm sewers in the dedicated right-of-way in Ashland Court
Phase III and authorizing the release of the escrow covering these improvements. 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 August 1,2005 279
Mrs. Tracy made a motion, seconded by Ms. Ritter, to set the date for a special City Council
meeting for Monday, August 8, 2005, at 4 p.m., to declare the results of the August 2, 2005,
special municipal election. The motion was approved upon the following vote: Ayes, Boardman,
Herbst,Hopkins, Knudtson,Ritter, Schneider and Tracy. Nays,none.
There being no further business, the City Council adjourned upon Mrs. Tracy's motion, Mrs.
Boardman's second and the following vote: Ayes,Boardman, Herbst, Hopkins, Knudtson,Ritter,
Schneider and Tracy. Nays,none.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Session 280
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