HomeMy WebLinkAboutCouncil.Minutes.03-17-2009.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session March 19, 2007 FF-259
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REGULAR SESSION—MARCH 19,2007
The Cape Girardeau City Council convened in regular session on Monday March 19,2007, at 7:00
p.m. with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Matthew
Hopkins,Loretta Schneider,Marcia Ritter, Debra Tracy and John Voss present.
Reverend Sam Ramdial of First General Baptist Church presented the invocation, and the Pledge
of Allegiance was led by Boy Scout Jackson Voss of Troop 311.
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 Mrs. Tracy's motion, Mr. Hopkins' second, and the
following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,
none.
The minutes of the March 5, 2007, regular and closed sessions were approved upon Mrs. Tracy's
motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider,Tracy and Voss. Nays,none.
The agenda was adopted upon Mr. Voss' motion, Mrs. Schneider's second, and the following
vote: Ayes,Herbst,Hopkins,Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none.
COUNCIL COMMUNICATIONS
State Representative Nathan Cooper gave an update on the 2007 legislative session. He reviewed
items relating to cable television franchising and contractor labor agreements, and reported on the
following:
• 80,000 new jobs in the State of Missouri
• $400 million budget surplus
• Proposed legislation to eliminate taxes on Social Security Benefits
• Proposed legislation to allow pre-bidding on projects
• Change of efficiency standards in state prisons
• Energy efficient projects in Missouri
• MOHELA funding for projects in the state
Upon questioning by Ms. Ritter, Rep. Cooper explained that proposed HB 788 would exempt
medical professionals from being held individually liable for assistance provided during storm
events. This will be discussed when they return to session next week, and an amendment will be
offered to provide alternate standards of care in emergencies.
Mayor Knudtson, Mr. Dan Muser, Parks and Recreation Director, and Mr. Scott Williams,
Recreation Division Manager, honored Marcia Stone, Parks and Recreation Administrative
Assistant, for receiving the Missouri Parks and Recreation Association Outstanding Support Staff
of the Year Award.
Mayor Knudtson presented a proclamation to Mr. Allen Joumet and Mrs. Cathy Conway for
supporting the'Southeast Missouri Climate Protection Initiative.
Mayor Knudtson stated Broadway re-opened today, March 19, 2007, and there will be a ceremony
on March 20 at 4:00 p.m. He thanked the surrounding business owners who were inconvenienced
by the project for being supportive.
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Mayor Knudtson stated last week City Manager Doug Leslie and Assistant to the City Manager
Heather Brooks spent a day with the Mayor and staff of Paducah, Kentucky. We will be doing a
staff and Council exchange with them to learn about each other's cities. City Manager Doug
Leslie stated the first exchange will be May 23`d with Cape going to Paducah, and then they will
come to Cape several weeks after that.
Mayor Knudtson reported that Commander Premier has now received Parts Manufacturer
Approval from the Federal Aviation Administration.
Mayor Knudtson stated the city is working hard to alleviate trash and litter in the community. He
asked citizens to take responsibility and pick up trash on their own property.
Upon questioning by Mrs. Tracey, Fire Chief Rick Ennis explained that the City has an ordinance
that authorizes the Fire Chief to designate "no burn" days based on environmental conditions.
Citizens can use the city website and KFVS weather reporting to learn about these"no burn"days
CITY MANAGER COMMUNICATIONS
City Manager Doug Leslie introduced Mr. David Seabaugh of Beussink, Hey, Roe, Seabaugh and
Stroder who attended the study session to answer questions regarding the city audit.
APPEARANCES
Mr. Mike Sedlock, 608 S. Ellis, and Mr. Eldon Nattier appeared in support of a liquor license for
the Rose Bed Inn at 611 S. Sprigg Street. Mr. Sedlock's property adjoins the Inn.
Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve a retail liquor by the drink
and Sunday sales license for CLB Enterprises, d/b/a Rose Bed Inn, 611 South Sprigg Street, James
Coley and Eldon Nattier, Managing Officers. The motion was approved upon the following vote:
Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none.
Mrs. Nancy Browne, attorney for Doctor's Park, Inc., appeared in support of and to answer any
questions regarding the record plat of a Re-subdivision of Lots 36 and 38 of Doctor's Park. She
also reviewed the purpose of the plat, which is to create a new lot following the building footprint
for Building 35. Mrs. Sara Holt also appeared in support of this record plat.
BILL NO. 07-52 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF A RESUBDIVISION OF LOTS 36
AND 38 OF DOCTOR'S PARK
Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 07-
52. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays,none.
Mr. Ray Coldry appeared in support of a liquor license for the Discount Smoke Shop at 340 S.
Sprigg Street. Mr. Voss made a motion, seconded by Mr. Herbst, to conditionally approve an
original package liquor and Sunday sales license for Kurt Schimmer, d/b/a Discount Smoke Shop,
340 S. Sprigg Street, Kurt Schimmer, Managing Officer. The motion was approved upon the
following vote: Ayes, Herbst, Hopkins Knudtson,Ritter, Schneider, Tracy and Voss. Nays, none.
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Mrs. Stephanie Grise appeared to answer questions regarding the ordinances on the Town Plaza
Community Improvement District and the designation of a Chapter 353 Redevelopment Project.
Mr. Don Howard of 1100 S. Ranney asked for an explanation of the Town Plaza CID.
Mayor Knudtson explained that Greater Missouri Builders, who owns the Town Plaza, has
requested the Council to support a community improvement district for the Town Plaza Area.
Once a district is established, a separate sales tax can be imposed in the district, which would be
used to help redevelop and revitalize certain properties within this area. This will not be expanded
outside of the Town Plaza. Staff will be working on the development agreement for the next
agenda.
BILL NO. 07-56 was given first reading as follows:
AN ORDINANCE FINDING THAT BY REASON OF AGE, OBSOLESCENCE,
INADEQUATE OR OUTMODED DESIGN OR PHYSICAL DETERIORATION A CERTAIN
AREA IN THE CITY OF CAPE GIRARDEAU MISSOURI, HAS BECOME AN ECONOMIC
AND SOCIAL LIABILITY, AND THAT SUCH CONDITIONS ARE CONDUCIVE TO ILL
HEALTH, TRANSMISSION OF DISEASE, CRIME OR INABILITY TO PAY REASONABLE
TAXES, AND THAT THE REDEVELOPMENT OF SUCH AREA IS NECESSARY AND IN
THE PUBLIC INTEREST
Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO.
07-56. The motion was approved upon the following vote: Ayes, Herbst Hopkins, Knudtson,
Ritter, Schneider, Tracy and Voss. Nays,none.
BILL NO. 07-57 was given first reading as follows:
AN ORDINANCE APPROVING THE DEVELOPMENT PLAN SUBMITTED FOR THE
REDEVELOPMENT OF THAT CERTAIN TRACT OF LAND IN THE CITY OF CAPE
GIRARDEAU, MISSOURI, WHICH AREA HAS BEEN PREVIOUSLY FOUND TO BE IN
NEED OF REDEVELOPMENT IN THE PUBLIC INTEREST, SAID TRACT BEING
DESCRIBED IN EXHIBIT A; INCORPORATING BY REFERENCE CHAPTER 353,
REVISED STATES OF MISSOURI 2000, AS AMENDED; AND CONTAINING A
SEVERABILITY CLAUSE
Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO 07-
57. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider,Tracy and Voss. Nays,none.
BILL NO. 07-58 was given first reading as follows:
AN ORDINANCE ESTABLISHING THE TOWN PLAZA COMMUNITY IMPROVEMENT
DISTRICT AND APPROVING APPOINTMENT OF THE INITIAL BOARD OF DIRECTORS
THERETO
Mr. Voss made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 07-
58. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider,Tracy and Voss. Nays,none.
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Mr. Don Howard appeared and expressed concerns with problems in the Ranney Street
neighborhood with children hitting rocks with baseball bats and hanging out in the streets. He
requested that the police increase patrols in this area. In addition, he commented that he does not
feel school resource officers should show how to shoot tazers at school for Show and Tell.
Mr. Don Shelton, 408 Penrod Place, appeared and questioned why the rezoning request of the
Community Counseling Center was denied by the Planning and Zoning Commission and is being
set for a public hearing by the Council. Mayor Knudtson explained the applicant issued a letter to
staff requesting a public hearing before the Council. The hearing will be open to the public and
anyone can appear to voice their opinions.
A motion was made by Mrs. Tracy and seconded by Mr. Herbst to set a public hearing for April
16, 2007 on the request of the Community Counseling Center, Inc., to rezone a 3.88-acre lot at 402
South Silver Springs Road, at the southeast corner of South Silver Springs Road and Bloomfield
Road, from R-1, single family residential district, to R-4, multi-family residential district. The
motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider,Tracy and Voss. Nays,none.
A motion was made by Mr. Hopkins and seconded by Mr. Voss to postpone consideration of a
record plat for Silver Springs Apartments to April 16, 2007. 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. 07-39 AN ORDINANCE APPROVING THE RECORD PLAT OF HSCA
SUBDIVISION NO. 2
BILL NO. 07-42 AND ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
BY CHANGING THE ZONING OF A PORTION OF AN EXISTING
LOT IN THE 200 BLOCK OF MT AUBURN ROAD, IN THE CITY OF
CAPE AND COUNTY OF CAPE GIRARDEAU, MISSOURI FORM C-
4 TO C-2
BILL NO. 07-43 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JJP
INVESTMENTS, LLC, FOR PURPOSES OF CONSTRUCTING AND
MAINTAINING A COMMERCIAL PARKING LOT LOCATED ON
THE SOUTH SIDE OF KINGSWAY DRIVE, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU,MISSOURI
BILL NO. 07-45 AN ORDINANCE AMENDING THE BOUNDARIES OF WARDS 1, 4
AND 6 TO INCLUDE PROPERTIES ANNEXED BY THE CITY OF
CAPE GIRARDEAU, MISSOURI.
Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the second and third readings of
BILL NOs. 07-39, 07-42, 07-43, and BILL NO. 07-45 and to adopt the ordinances. The motion
was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,
Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons on BILL NO. 07-
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Regular Session March 19, 2007 FF-263
43 due to the applicant having a financial relationship at the bank where he works. BILL NO. 07-
39 is ORDINANCE NO. 3794; BILL NO. 07-42 is ORDINANCE NO. 3795; BILL NO. 07-43 is
ORDINANCE 3796;BILL NO 07-45 is ORDINANCE NO 3797.
NEW ORDINANCES
BILL NO. 07-53 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF ROCK CREEK MEADOWS
TOWNHOUSES PHASE VI
Mrs. Schneider made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO.
07-53. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Ritter,
Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons due to
the applicant having a financial relationship at the bank where he works.
BILL NO. 07-54 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF FOREST HILLS ESTATES
FOURTH ADDITION
Mr. Voss made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 07-
54. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,Ritter,
Schneider,Tracy and Voss. Nays,none.
BILL NO. 07-55 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF THE FORMER PUBLIC WORKS
SUBDIVISION-PHASE 2
Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL
NO. 07-55. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Ritter,
Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons due to
the applicant having a financial relationship at the bank where he works.
BILL NO. 07-59 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF KINDER PLACE
Mrs. Schneider made a motion to approve the first reading of BILL NO. 07-59. The motion failed
for lack of a second.
RESOLUTIONS
BILL NO. 07-50 was presented as follows:
A RESOLUTION ADOPTING THE FISCAL 2007-2012 CAPITAL IMPROVEMENTS
PROGRAM
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Regular Session March 19, 2007 FF 264
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The reading of BILL NO. 07-50 was approved and the resolution adopted upon Mr. Voss' motion,
Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays,none. BILL NO. 07-50 is RESOLUTION NO. 2258.
BILL NO. 07-51 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH ZOELLNER CONSTRUCTION FOR ROOF REPAIRS AND EXTERIOR
IMPROVEMENTS AT FIRE STATION NO. 2, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The reading of BILL NO. 07-51 was approved and the resolution adopted upon Ms. Ritter's
motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 07-51 is RESOLUTION NO. 2259.
APPOINTMENTS
Mrs. Schneider made a motion, seconded by Ms. Ritter, to appoint Kee Park to the Airport
Advisory Board for a term expiring October 29, 2007. The motion was approved upon the
following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,
none.
LIQUOR LICENSE
Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve a temporary 5% beer by the
drink license for John Yallaly, d/b/a American Legion Post 63, for an event to be held June 8-10,
2007, at the A.C. Brase Arena Building. The motion was approved upon the following vote:
Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none.
OTHER
Mrs. Tracy made a motion, seconded by Mrs. Schneider, to accept the annual City audit prepared
by Beussink, Hey, Roe, Seabaugh and Stroder, LLC, for the fiscal year ending June 30, 2006. The
motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays,none.
Ms. Ritter made a motion, seconded by Mr. Hopkins, to accept the improvements completed on
the Bloomfield Road Phase III project from Siemers Drive to just west of the Stonebridge
Subdivision Entrance, and to authorize final payment to Nip Kelley Equipment, Inc. The motion
was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,
Tracy and Voss. Nays, none.
Mrs. Tracy made a motion, seconded by Mr. Hopkins, to file the recommendation of the Planning
and Zoning Commission to deny the request of the Gary M. Arnold Trust to rezone an 8,250
square foot vacant lot at 1323 West End Boulevard between Wayne Street and Stoddard Street,
from R-2, single family residential district, to R-3, two family residential district. The motion was
approved upon the following vote: Ayes,Herbst,Hopkins, Knudtson,Ritter, Schneider, Tracy and
Voss. Nays, none.
•
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Mr. Hopkins made a motion, seconded by Mr. Voss, to file the recommendation of the Planning
and Zoning Commission to deny the request of Jerry and Carol McGuire for a special use permit to
construct and operate a wedding chapel and banquet hall on the existing vacant lot in the 1900
block of North Sprigg Street, on the west side of the street, between Lexington Avenue and
Bertling Street, within an R-2, single family residential district. 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 Mr. Voss,to set a public hearing for April 16th,2007, on
the request of Drury Southwest Signs, Inc., for a special use permit and variance to construct a
billboard at the northeast corner of I-55 and Highway 74, within a C-2, general commercial
district. 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.
A°-10'
(C'Emmis042,11
Jay B. udtson, Mayor
Gayle onrad, City Clerk
Proceedings of the City Council, City of Cape Girardeau, Mo.
Session 6
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