HomeMy WebLinkAboutCouncil.Minutes.05-01-2006.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session May 1, 2006 FF-63
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REGULAR SESSION—MAY 1,2006
The Cape Girardeau City Council convened in regular session on Monday, May 1, 2006, at 7:00
p.m. with Mayor Jay B. Knudtson presiding and Council Members Matthew Hopkins, Loretta
Schneider and John Voss present. Absent were Council Members Charlie Herbst, Marcia Ritter
and Debra Tracy.
Rev. Paul Short, St. Andrew Lutheran 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. Voss' motion, Mr. Hopkins' second, and the
following vote: Ayes,Hopkins,Knudtson, Schneider and Voss. Nays,none.
The minutes of the April 17, 2006, regular and closed sessions were approved upon Mrs.
Schneider's motion, Mr. Voss' second, and the following vote: Ayes, Hopkins, Knudtson,
Schneider and Voss. Nays,none.
The agenda was adopted upon Mr. Voss' motion, Mr. Hopkins' second, and the following vote:
Ayes,Hopkins, Knudtson, Schneider and Voss. Nays,none.
Mayor Knudtson announced that three council members were not available for the meeting, but
there is still a quorum to conduct business.
COUNCIL COMMUNICATIONS
Mr. Voss stated that he attended a very informative tour of city departments on Friday. All the
employees were passionate in their roll. He commended them for that and looks forward to
working with them.
Mrs. Schneider stated that Fort D Days will be held on May 6 and 7. Scott House has worked with
City employees to renovate Fort D. There will be Civil War reenactments and many events
scheduled. She requested that a sign be placed on S. Sprigg Street directing people to Fort D.
City Manager Doug Leslie will have staff take care of this.
Mrs. Schneider continued that the year 2011 will be the sesquicentennial of the Civil War She
wants to develop a commission to commemorate this event.
Mr. Hopkins thanked the Public Works and Fire Department staff for assistance to the
Caruthersville community. This work will also help prepare our staff for an emergency in our
area.
Mayor Knudtson reminded the community that the Mayor's Prayer Breakfast is this Thursday at
La Croix United Methodist Church at 6:45 a.m.,which is also the National Day of Prayer.
CITY MANAGER COMMUNICATIONS
Airport Manger Bruce Loy announced that Airport Board Member Ervin Arnzen passed away this
past weekend. He was very active as a pilot, in the Pilot's Club, on the Airport Advisory Board,
and with Cape Air Festival.
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Ms. Jane Jackson of the Cape Girardeau County Archive Center appeared and stated she attended
a conference last week of the Missouri Lewis and Clark Bicentennial Committee. At the
conference the Red House Interpretive Center and the mural behind the center both won legacy
awards from the Missouri State Bicentennial Commission. Both of these awards will be displayed
at the Red House.
Mr. Doug Austin presented the Vision 2020 Community Relations Council annual update. He
reviewed that Council's mission statement, strategic plan, and many accomplishments, including
Neighborhood Nights, Awards of Distinction, Anti-Litter Campaign, I Love Cape and All
America Award.
PUBLIC HEARING
This being the date set for a public hearing regarding the request of Milam Masonry and
Contracting, LLC to rezone a 5.16 acre tract on the north side of Brenda Kay Court from M-1,
Light Industrial District, to R-4, Multi-Family Residential District, the hearing was opened. There
being no appearances this hearing was closed.
BILL NO. 06-85 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 THE
NORTHEAST SIDE OF BRENDA KAY COURT, CITY AND COUNTY OF CAPE
GIRARDEAU,MISSOURI, FROM M-1 TO R-4
Mrs. Schneider made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO.
06-85. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider
and Voss. Nays,none.
This being the date set for a public hearing regarding the request of Lonnie and Shirley Moss for a
Special Use Permit for a repair and retail sales business at 833 North Spanish Street, located in a
R-2, 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. Lonnie Moss appeared in support of the
request and to answer questions. The existing business is located at 2833 N. Spanish, and he has
spoken with the neighbors regarding his request. There being no further appearances, the hearing
was closed.
BILL NO. 06-86 was given the first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LONNIE MOSS AND
SHIRLEY MOSS FOR PURPOSES OF MAINTAINING AND OPERATING A REPAIR AND
RETAIL SALES BUSINESS AT 833 NORTH SPANISH, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU,MISSOURI
Mrs. Schneider made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL
NO. 06-86. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson,
Schneider and Voss. Nays,none.
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This being the date set for a public hearing regarding the request of JJP Investments, LLC to
rezone 1610 North Kingshighway from C-1, Local Commercial District, to C-2, General
Commercial District,and for a Special Use Permit to construct a building to a height of 52 feet,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. Jeff Maurer of JJP Investments appeared in support of the request. The rezoning is
requested because all other property on Kingshighway is C-2 except this, JCS Tel-Link and the
Bank. They intend to build a three story building with retail on the first floor and offices on the
second and third flood, and this building requires a special use permit to construct three floors. He
met with Ms. Morris, the adjacent residential property owner, and she does not oppose the request.
There being no further appearances,the hearing was closed.
Mayor Pro-Tern Hopkins asked questioned if this request is time sensitive. Mr. Maurer stated that
it was, because they wanted to start construction this summer. Mr. Hopkins explained that since
the Mayor has a financial conflict on this matter, the ordinances for the rezoning and special use
• permit could not be acted on at this meeting. City Attorney Eric Cunningham explained that the
staff can reschedule the two ordinances for the next City Council Meeting.
APPEARANCES
There were no appearances.
CONSENT ORDINANCES
The following bills were given second and third readings:
BILL NO. 06-74 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE
GIRARDEAU, MISSOURI, UPON THE REQUEST OF GREGG S.
HALLMAN AND YVONNE M. HALLMAN
BILL NO. 06-75 AN ORDINANCE AUTHORIZING THE ACQUISITION OF
PROPERTY FOR THE IMPROVEMENT OF FOUNTAIN STREET
BETWEEN MORGAN OAK AND WILLIAM STREET
BILL NO. 06-76 AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228
OF THE CITY CODE BY ESTABLISHING A SPEED LIMIT ON A
PORTION OF HOPPER ROAD, IN THE CITY OF CAPE
GIRARDEAU,MISSOURI
BILL NO. 06-77 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121
OF THE CITY CODE, ESTABLISHING A STOP SIGN ON
MARQUETTE DRIVE, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 06-78 AN ORDINANCE AMENDING SCHEDULE 0 OF SECTION 26-216
OF THE CITY CODE, BY ELIMINATING LEFT TURNS ON
THEMIS STREET AT MAIN STREET, IN THE CITY OF CAPE
GIRARDEAU,MISSOURI
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Regular Session May 1, 2006
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BILL NO. 06-79 AN ORDINANCE ACCEPTING ACCESS AND LIFT STATION
EASEMENTS FROM DALHOUSIE, L.L.C., FOR IMPROVEMENTS
TO SERVE DALHOUSIE SUBDIVISIONS, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 06-83 AN ORDINANCE APPROVING THE RECORD PLAT OF FORMER
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PUBLIC WORKS SUBDIVISION
Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the second and third
readings of BILL NOs. 06-74, 06-75, 06-76, 06-77, 06-78, 06-79, and 06-83 and to adopt the
ordinances. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson,
Schneider and Voss. Nays, none. BILL NO. 06-74 is ORDINANCE NO. 3653; BILL NO. 06-75
is ORDINANCE NO. 3654; BILL NO. 06-76 is ORDINANCE NO. 3655; BILL NO. 06-77 is
ORDINANCE NO. 3656; BILL NO. 06-78 is ORDINANCE NO. 3657; BILL NO. 06-79 is
ORDINANCE NO. 3658; BILL NO. 06-83 is ORDINANCE NO. 3659.
NEW ORDINANCES
BILL NO. 06-89 was given first reading as follows:
AN ORDINANCE ESTABLISHING THE CENTERLINE AND RIGHT-OF-WAY FOR THE
WALNUT STREET EXTENSION FROM BEAUDEAN LANE TO WEST END BOULEVARD,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Mrs. Schneider made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO.
06-89. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider
and Voss. Nays,none.
BILL NO. 06-90 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE
IMPROVEMENT OF BROADWAY BETWEEN PERRY AVENUE AND HOUCK PLACE
Mr. Voss made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 06-
90. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider and
Voss. Nays,none.
BILL NO. 06-92 was given first reading as follows:
AN ORDINANCE ACCEPTING VARIOUS EASEMENTS FROM DALHOUSIE, L.L.C., AND
I/
ROBERT W. ERLBACHER, II, AND JOANNE ERLBACHER, FOR IMPROVEMENTS TO
SERVE DALHOUSIE, L.L.C., SUBDIVISIONS, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
Mrs. Schneider made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO.
06-92. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider
and Voss. Nays,none.
BILL NO. 06-96 was given the first reading as follows:
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AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE,
BY ESTABLISHING A NO PARKING ZONE ON A PORTION OF BELLEVUE STREET, IN
THE CITY OF CAPE GIRARDEAU,MISSOURI
Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL
NO. 06-96. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson,
Schneider and Voss. Nays,none.
BILL NO. 06-97 was given the first reading as follows:
AN ORDINANCE AMENDING SCHEDULE S OF SECTION 26-248 OF THE CITY CODE
BY ESTABLISHING A 15 MINUTE ANGLED PARKING ZONE IN FRONT OF A PORTION
OF HOUCK STADIUM, IN THE CITY OF CAPE GIRARDEAU,MISSOURI
Mr. Voss made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO.
06-97. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider
and Voss. Nays,none.
RESOLUTIONS
BILL NO. 06-91 was presented as follows:
A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI DEPARTMENT OF
TRANSPORTATION FOR SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT
TRANSPORTATION ACT: A LEGACY FOR USERS (SAFETEA-LU) FUNDS FOR THE
FOUNTAIN STREET PHASE II ENHANCEMENT PROJECT, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS
The reading of BILL NO. 06-91 was approved and the resolution adopted upon Mrs. Schneider's
motion, Mr. Hopkins' second, and the following vote: Ayes, Hopkins, Knudtson, Schneider and
Voss. Nays,none. BILL NO. 06-91 is RESOLUTION NO. 2169.
BILL NO. 06-93 was presented as follows:
A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI DEPARTMENT OF •
TRANSPORTATION FOR SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT
TRANSPORTATION ACT: A LEGACY FOR USERS (SAFETEA-LU) FUNDS FOR THE
NORTH PARK TRAIL ENHANCEMENT PROJECT, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS
The reading of BILL NO. 06-93 was approved and the resolution adopted upon Mrs. Schneider's
motion, Mr. Voss' second, and the following vote: Ayes, Hopkins, Knudtson, Schneider and
Voss. Nays, none. BILL NO. 06-93 is RESOLUTION NO. 2170. Mr. Leslie explained that this
project will connect the existing Cape La Croix Trail from Lexington to the trail system at North
County Park.
BILL NO. 06-94 was presented as follows:
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Regular Session May 1, 2006 FF-68
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A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI DEPARTMENT OF
TRANSPORTATION FOR SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT
TRANSPORTATION ACT: A LEGACY FOR USERS (SAFETEA-LU) FUNDS FOR THE
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RIVERWALK PHASE III ENHANCEMENT PROJECT, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS
The reading of BILL NO. 06-94 was approved and the resolution adopted upon Mr. Voss' motion,
Mrs. Schneider's second, and the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss.
Nays, none. BILL NO. 06-94 is RESOLUTION NO. 2171. Mr. Leslie explained that this project
will connect the existing trail along the river into the Red Stone area that is currently under
construction by the Missouri Department of Conservation.
BILL NO. 06-95 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH ASA ASPHALT, INC., FOR THE 2006 OVERLAY PROGRAM, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 06-95 was approved and the resolution adopted upon Mrs. Schneider's
motion, Mr. Hopkins' second and the following vote: Ayes, Hopkins, Knudtson, Schneider and
Voss. Nays, none. BILL NO. 06-95 is RESOLUTION NO. 2172. Upon questioning by Mrs.
Schneider, Mr. Leslie explained that generally new streets are concrete, but in this case the City is
trying to overlay existing asphalt with new asphalt. The city's policy for paving streets has not
changed. Generally the City doesn't overlay concrete unless it is a small section. Concrete is
usually repaired with a concrete patch unless there is need for a short-term fix. Mr. Leslie also
stated that the program was reduced this year due to the size of overlay projects from the State and
direct competition for contractors and materials.
BILL NO. 06-98 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 1 TO THE GENERAL SERVICES AGREEMENT WITH S. H. SMITH & COMPANY,
INC., FOR THE DESIGN OF THE SILVER SPRINGS ROAD AND THEMIS STREET
INTERSECTION AND OTHER STORMWATER IMPROVEMENTS, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The reading of BILL NO. 06-98 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mr. Voss' second and the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss.
Nays, none. BILL NO. 06-98 is RESOLUTION NO. 2173.
APPOINTMENTS
Mr. Voss made a motion, seconded by Mrs. Schneider, to postpone the appointment for Mayor
Pro-Tempore to the next meeting due to absence of Council Members. The motion was approved
upon the following vote: Ayes,Hopkins,Knudtson, Schneider and Voss. Nays, none.
Mr. Bill Eddlemann, Ms. Connie Hanner, Ms. Joan Kissel, and Mr. Samuel Sampson were
appointed to the Historic Preservation Commission for terms expiring on April 16, 2009, upon Mr.
Voss' motion, Mrs. Schneider's second and the following vote: Ayes, Hopkins, Knudtson,
Schneider and Voss. Nays,none.
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LIQUOR LICENSE
Mr. Hopkins made a motion, seconded by Mrs. Schneider to approve the renewal of the following
liquor licenses:
Retail Liquor by the Drink
Rodney Pobst,d/b/a Pour House Pub, 113 Broadway, Rodney Pobst, Managing Officer
Compass Group USA, Inc. d/b/a Chartwells, One University Plaza, Timothy Weatherly,
Managing Officer
Mid America Hotels, d/b/a Victorian Inn,I-55 &Route K,Daniel Drury,Managing Officer
Brenda Hicks d/b/a Brothers Again, 2023 Independence, Brenda Hicks Managing Officer
Retail Liquor by the Drink and Sunday Sales:
Marx LLC d/b/a Bella Italia, 20 N. Spanish,Mark Dirnberger,Managing Officer
Cape Girardeau Country Club Trust, d/b/a Cape Girardeau Country Club, 250 Country Club
Drive,David Kaesheimer,Managing Officer
R & V Enterprises, d/b/a Pagliai's Pizza & Pasta, 1129 Broadway, Ronald Bohnert,
Managing Officer
Cape Roadhouse LLC, d/b/a Texas Roadhouse, 13 Doctors Parkway, Brian Judd, Managing
Officer
Ray Drury, d/b/a Cape Girardeau Elks Lodge #639, 639 Elks Lane, Ray Drury, Managing
Officer
William Stoffel, d/b/a Fraternal Order Eagles, 321 N. Spring, William Stoffel, Managing
Officer
Delia Trejo, d/b/a El Torero, 2120 William,Delia Trejo, Managing Officer
Wholesalers Liquor-Under 22%
Gene Patterson, d/b/a River Eagle Dist. Co., 2346 Rust Avenue, Gene Patterson, Managing
Officer
Original Package Liquor and Sunday Sales:
Capeland LLC,d/b/a Quick& Save, 2861 Themis, Alam Zahed,Managing Officer
The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider and
Voss. Nays,none.
OTHER
Mrs. Schneider made a motion, seconded by Mr. Voss, to accept into the city's system the street,
water, sanitary sewer, street lights and storm sewer improvements as shown on the approved plans
for Arbor Heights 4th Addition in Sewer District 14-R-3 and release the $10,000 escrow. The
motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss.
Nays, none. Mayor Knudtson commended staff for working with the developer and neighbors on
this project.
Mrs. Schneider made a motion, seconded by Mr. Hopkins, to accept the improvements completed
under the 2005 Overlay Program and to authorize final payment to ASA Asphalt, Inc. The motion
was approved upon the following vote: Ayes, Herbst, Knudtson, Schneider and Voss. Nays,none.
Mayor Knudtson introduced Semo Students from Professor Skinner's Political Science 103 class
who were attending the meeting to complete a project for the class.
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Regular Session May 1, 2006 -FF-70
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There being no further business, the City Council adjourned upon Mr. Hopkins' motion, Mr.
Voss' second and the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays,
none.
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Gayle onrad, City Clerk