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HomeMy WebLinkAboutCouncil.Minutes.05-15-2006.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 15,2006 FF-73 E^0600,07PW REGULAR SESSION—MAY 15,2006 The Cape Girardeau City Council convened in regular session on Monday, May 15, 2006, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Matthew Hopkins, Marcia Ritter, Loretta Schneider, Debra Tracy and John Voss present. Rev. Sam Ramdial of First General Baptist 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, Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. The minutes of the May 1, 2006, regular and closed sessions were approved upon Mr. Hopkins' motion, Mrs. Schneider' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. The agenda was adopted upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes,Herbst,Hopkins, Knudtson,Ritter, Schneider, Tracy and Voss. Nays,none. COUNCIL COMMUNICATIONS Mayor Knudtson presented a proclamation recognizing the May 21-27, 2006, as Public Works Week. Mrs. Schneider stated that last weekend Fort D days turned out to be a great event and was well attended. Mrs. Schneider questioned.the status of the City's new fence ordinance. City Manager Doug Leslie responded that staff will report on this at a future meeting. Mayor Knudtson stated that he received a letter from Mr. Beggs thanking the Fire and Police Departments for their assistance in responding to the tractor accident at the trailer park. APPEARANCES Bud and Beckie McMillan appeared in support of a license and indemnity agreement at 2201 Kent Drive. A swimming pool, deck and fence was built on a city easement in 1984, and they have since purchased the property and would like to improve the deck. They presented a letter from their neighbor Jim Mirly supporting this agreement. BILL NO. 06-101 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH CLYDE McMILLAN AND REBECCA McMILLAN FOR IMPROVEMENTS AT 2201 KENT DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Rcgular Session May 15, 2006 FF-74 E00600107DW Mrs. Schneider made a motion, seconded by Mr. Herbst, to approve the reading of BILL NO. 06- 101 and to adopt the resolution. Following discussion by the council, the motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-101 is RESOLUTION NO. 2174. 111 Mr. Kevin Stanfield and Mr. Bill Stanfield of Westside Investments appeared regarding their request for a special use permit for a new convenience store at the intersection of Lexington and Perryville Road that was recommended for denial by the Planning and Zoning Commission. Mayor Knudtson explained that since new information has been presented, the Commission has requested that this issue be referred back to them for additional review. Following discussion, Mr. Hopkins made a motion, seconded by Mrs. Schneider to refer back to the Planning and Zoning Commission the request of Westside Investments, LLC for a special use permit to construct a new convenience store with gasoline pumps at the northwest corner of Lexington Avenue and Perryville Road, located in an R-1, single-family residential district. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 06-85 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 BILL NO. 06-86 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 BILL NO. 06-89 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 BILL NO. 06-90 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF BROADWAY BETWEEN PERRY AVENUE AND HOUCK PLACE BILL NO. 06-92 AN ORDINANCE ACCEPTING VARIOUS EASEMENTS FROM DALHOUSIE, L.L.C., AND ROBERT W. ERLBACHER, II, AND JOANNE ERLBACHER, FOR IMPROVEMENTS TO SERVE DALHOUSIE, L.L.C., SUBDIVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 15,2006 FF-75 Fnnnnni n7nw BILL NO. 06-96 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 BILL NO. 06-97 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. Hopkins made a motion, seconded by Mr. Voss, to approve the second and third readings of BILL NOs. 06-85, 06-86, 06-89, 06-90, 06-92, 06-96, and 06-97 and to adopt the ordinances. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-85 is ORDINANCE NO. 3660; BILL NO. 06-86 is ORDINANCE NO. 3661; BILL NO. 06-89 is ORDINANCE NO. 3662; BILL NO. 06-90 is ORDINANCE NO. 3663; BILL NO. 06-92 is ORDINANCE NO. 3664; BILL NO. 06-96 is ORDINANCE NO. 3665; BILL NO. 06-97 is ORDINANCE NO. 3666. NEW ORDINANCES BILL NO. 06-87 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 1610 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM C-1 TO C-2 Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 06-87. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons because the applicant has a fmancial relationship with the bank where he works. BILL NO. 06-88 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JJP INVESTMENTS, LLC, FOR PURPOSES OF CONSTRUCTING, MAINTAINING, AND OPERATING A BUILDING FOR OFFICE, SERVICE, AND RETAIL USES AND 1610 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Voss made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-88. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons because the applicant has a financial relationship with the bank where he works. BILL NO. 06-103 was given first reading as follows: AN ORDINANCE OPTING OUT OF STATE IMPOSED SALES TAX HOLIDAY Mr. Herbst made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 06- 103. Mayor Knudtson discussed the financial implications if the city participates in the holiday and questioned the city's obligation to the citizens. The County, and the Cities of Jackson and Proceedings of the City Council, City of Cape Girardeau, Mo. Rcgular Session May 15, 2006 FF-76 E00600107DW Cape should be united in the decision whether or not to participate. They have verbally agreed to do what Cape does,but there is no formal written agreement. Following discussion by the council, the motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-104 was given first reading as follows: AN ORDINANCE AMENDING SECTION 15-16 OF THE CITY CODE RELATING TO PROHIBITING SELLING OR SOLICITING ON PUBLIC STREETS, INTERSECTIONS OR SIDEWALKS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-104. Mr. Leslie explained that the purpose of this ordinance is to clarify a definition in the ordinance which will close a loophole relating to soliciting for sales that are to occur away from the site. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. RESOLUTIONS BILL NO. 06-99 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A BANKING SERVICES PROPOSAL SUBMITTED BY U. S. BANK, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 06-99 was approved and the resolution adopted upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-99 is RESOLUTION NO. 2175. BILL NO. 06-100 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR PLACEMENT OF WATER LINES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 06-100 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-100 is RESOLUTION NO. 2176. BILL NO. 06-102 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL FROM EASTERN MISSOURI INDUSTRIES, INC., FOR THE INSTALLATION OF STREET LIGHTS ON SHAWNEE PARKWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 06-102 was approved and the resolution adopted upon Mrs. Tracy's motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-102 is RESOLUTION NO. 2177. Mr. Hopkins reported that there are street lights which have been knocked down at the intersection of Independence and Kingshighway and at Albert and William. • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 1g, 2006 FF-77 FnnW)fll n711w Mayor Knudtson made a motion, seconded by Mrs. Schneider, to appoint Marcia Ritter as Mayor Pro Tempore for a two-year term to serve until the next regular City Council general election. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. LIQUOR LICENSE The following liquor licenses were approved upon Mr. Hopkins' motion, Mrs. Schneider's second and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons on all of the Pajco, Inc. liquor licenses due to his family's financial relationship with the company. New liquor licenses: Retail liquor by the drink and Sunday sales: RNO Cape LLC d/b/a 2 North Bistro, 2 N. Main St.,Kirstin A. Lynch,Managing Officer Lynn Dale Shoemake, LLC d/b/a Cue & Brew, 470 S. Kingshighway, Dale Lynn Shoemake,Managing Officer Renewal liquor licenses: Retail Liquor by the Drink Marx LLC, d/b/a D'Ladium, 1127 Broadway, Mark Dimberger,Managing Officer Janet Mae Bierschwal, d/b/a Recovery Room Lounge, 1611 Independence, Janet Mae Bierschwal,Managing Officer Patricia A. Allen, d/b/a Celebrations, 615 Bellevue,Patricia A. Allen,Managing Officer Craig C. Horky, d/b/a Daytimer's Lounge, 829 S. Kingshighway, Craig C. Horky, Managing Officer C. Littge&Co., d/b/a Pockets, 1444 Independence,Carol Jean Littge,Managing Officer Retail Liquor by the Drink and Sunday Sales: GMRI, Inc., d/b/a The Olive Garden Italian Restaurant #1676, 3259 William, Elizabeth Hicks Bolin,Managing Officer West Park Bowling Lanes, Inc., 354 S. Silver Springs,Daryl James,Managing Officer Ruby Tuesday, Inc., d/b/a Ruby Tuesday, 3069 William, Nathan W. Downing, Managing Officer Dianne Delapaz, d/b/a Casa Mexicana, 1015 N. Kingshighway, Dianne Delapaz, Managing Officer Logan's Roadhouse, Inc., d/b/a Logan's Roadhouse Restaurant, 3012 William, James Michael Paul, Managing Officer Original Package Liquor and Sunday Sales: DSW Development Corp., d/b/a Shell Cape, 3415 William, Bradley Smith, Managing Officer Pajco, Inc., d/b/a Rhodes 101 Stop, 449 S. Kingshighway, Paul Dimberger, Managing Officer Pajco,Inc.,d/b/a Rhodes 101 Stop, 1126 N. Sprigg,Paul Dimberger,Managing Officer Pajco,Inc.,d/b/a Rhodes 101 Stop, 2109 William,Paul Dimberger,Managing Officer Pajco,Inc.,d/b/a Jaspers,407 Morgan Oak,Paul Dimberger,Managing Officer Drury Petroleum Corp., d/b/a Amoco, 3276 William,Bradley Smith,Managing Officer Original Package Liquor: Pajco, Inc., d/b/a Rhodes 101 Stop, 1620 N. Kingshighway, Paul Dimberger, Managing Officer Wholesalers of Intoxicating Liquor— Under 22%:Package Liquor: Bluff City Beer Co., Inc., d/b/a Bluff City Beer, 450 Siemers, William H. Bess II, Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 15, 2006 FF-78 E00600107UW Managing Officer 5%Beer by the Drink: Gary Johnson, d/b/a Memories Made in Missouri and More, 110 Themis, Gary G. Johnson, Managing Officer Conditional Renewal liquor licenses: Retail Liquor by the Drink Columbus Club Assn., d/b/a Knights of Columbus, 318 S. Spanish, Gilbert Martin, Managing Officer Jaynne Brown, d/b/a Ed's Bar, 519 Good Hope, Jaynne Brown, Managing Officer Retail Liquor by the Drink and Sunday Sales: Cape Girardeau Brewing Co., LLC, d/b/a Buckner Brewing Co., 132 N. Main, Phillip Brinson, Managing Officer GMRI, Inc. d/b/a Red Lobster#0707, 3269 William,Roger Bresnahan,Managing Officer Show-Me's Rock House Entertainment, LLC, d/b/a Show-Me's, 1751 Independence, Donald E. Harris, Managing Officer Drury Inns, Inc. d/b/a Drury Suites, 3303 Campster, Randy Kluge, Managing Officer Willy's Beach Club, LLC, d/b/a Nick's Family Sports Pub, 1 N. Main, Robert Lagore, Managing Officer Outback/Missouri II Limited Partnership, d/b/a Outback Steakhouse #2615, 101 Cape West Parkway, Christopher A. Jemison, Managing Officer ESVR, Inc., d/b/a El Acapulco Mexican Restaurant, 202 S. Mt. Auburn, Efren Montano, Managing Officer RNO Cape LLC, d/b/a The Royal N'Orleans, 300 Broadway, Kirsten A. Lynch,Managing Officer Zellmer LLC, d/b/a Buffalo Wild Wings, 2136 William, William Zellmer, Managing Officer Doc Cain, Inc. d/b/a Port Cape Girardeau Restaurant & Lounge, 19 N. Water, Dennis R. Cain, Managing Officer Min Jet Shi, d/b/a Shogun Japanese Steakhouse, Inc., 289-A S. Broadview, Min Jet Shi, Managing Officer Aldi, Inc. #98, d/b/a Aldi, 2145 Independence, Paul F. Piorkowski,Managing Officer Drury Lodge, Inc., d/b/a Drury Lodge, 104 S. Vantage, Larry Dean Welker, Managing Officer Original Package Liquor and Sunday Sales: Pajco, Inc., d/b/a Rhodes 101 Stop, 1624 N. Kingshighway, Paul Dirnberger, Managing Officer Pajco, Inc., d/b/a Jaspers, 1008 N. Kingshighway, Paul Dirnberger, Managing Officer Pajco, Inc., d/b/a Jaspers, 10 S. West End , Paul Dirnberger, Managing Officer Westside Investments, LLC, d/b/a Westside Convenience Store, 2021 Perryville, Bill Stanfield, Managing Officer Phillip T. McClellan, d/b/a CRS Gas & Liquor, 102 Mason, Phillip McClellan, Managing Officer Food Giant Supermarkets, Inc., d/b/a Food Giant #73, 1120 N. Kingshighway, Ronnie J. Watkins,Managing Officer Manufacturers of Beer: Cape Girardeau Brewing Co., LLC, d/b/a Buckner Brewing Co., 132 N. Main, Phillip Brinson, Managing Officer Wholesalers of Intoxicating Liquor—All Kinds: Major Brands, Inc., d/b/a Major Brands, 334 N. Broadview, Robert Norman Epsten, Managing Officer Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 1 S, 2006 FF-79 006n0107nw OTHER Mr. Herbst made a motion, seconded by Mr. Hopkins, to accept the improvements completed on the Arena Creek Stormwater Project on Peach Tree Street and Ranchito Drive, and to authorize final payment to Nip Kelley Equipment Company, Inc. Following comments by the council, the motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. Mr. Hopkins made a motion, seconded by Ms. Tracy to accept the improvements for the I- 55/Route K Northwest Quadrant Landscape Project and to authorize final payment to Foeste Nursery, Inc. Mr. Leslie announced that the dedication ceremony will be held on Tuesday morning at 8:30 a.m. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,Ritter, Schneider,Tracy and Voss. Nays,none. There being no further business, the City Council adjourned upon Mr. Voss' motion, Mr. Hopkins' second and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. 413' . Knudtson,Mayor 4,' //A Gayle . L. ad,City Clerk�aV . Proceedings of the City Council, City of Cape Girardeau, Mo. Session 0 E00600107DW THIS PAGE INTENTIONALLY LEFT BLANK.