Loading...
HomeMy WebLinkAboutCouncil.Minutes.05-21-2007.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 21,2007 FF-301 EO^600naDW REGULAR SESSION—MAY 21,2007 The Cape Girardeau City Council convened in regular session on Monday May 21, 2007, 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 Reverend Scott Moon of Grace United Methodist 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 discussiig property acquisition,personnel, litigation and confidential communications with the City Attorney pursuant to RSMo. Sections 610.021(1), (2) and (3) upon Mr. Hopkins' motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. The minutes of the May 7, 2007, regular and closed sessions were approved upon Mr. Hopkins' motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Vo$. Nays, none. The agenda was adopted upon Mrs. Schneider's motion, Mr. Voss' second, and the following vote:Ayes,Herbst,Hopkins,Knudtson,Ritter,Schneider,Tracy and Voss. Nays,none. COUNCIL COMMUNICATIONS Mayor Knudtson presented a Proclamation designating May 20-26 as Public Works Week, and he honored Public Works employees for the work they do. Mrs. Pam Sanders of the Public Works Department presented information on activities that will take placaiuring the week. Ms. Denise Wimp, Director of First Call for Help, presented an update on the services they provide to a five-county area in Southeast Missouri. She presented statistics on calls received through the help line. Over 22,000 calls have been handled over the last 8 years with a 33% increase in calls over the last two years. A new website which contains a full database of services has also been established. Presently the Cape office is partnering with the St. Louis United Way on a 211 service line for an information and referral network. Mr. Voss announced that Tunes at Twilight started last Friday night on the Courthouse lawn and will continue through the summer. Reverend Cecil Thomas had appeared at the last City Council meeting with concerns on the south side of the City. Mr. Herbst stated that Rev. Thomas did a ride-along with the Nuisance Supervisor, a Police Officer and Steve Williams of Planning Services to show them his areas of concern and to become more aware of how cityhandles various issues. Mr. Herbst stated he received a reply from Senator Crowell regarding his concerns with the appearance of the walking bridge on Highway 74. There is presently a bill on the Governor's desk to name Highway 74 the John Oliver Highway, and once that is completed, he will look into possibly placing signage on this bridge. Mrs. Tracy commerded the Arts Council on the ArtScape Project last weekend at Capaha Park. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 7.1, 7007 FF-302 E00600107DW CITY MANAGER COMMUNICATION City Manager Doug Leslie reported the Mississippi River flooding has been relieved due to a levy breaking on the Missouri River. The river gates were not closed, and crews manned the pumping stations for a week. Fire Chief Rick Ennis presented an update on the status of the new Fire Station No. 3 and Emergency Operations Center. Fire staff will move into the new station in the first part of June, and the 911 center will move around September. The building cost is $2.1 million,and the entire project including site preparation,tower and phone linexost approximately$2.7 million. PUBLIC HEARINGS This being the date set for a public hearing to consider vacating the City's interest in a portion of a sanitary sewer easement between Lots 9 and 10 in Golden Eagle Subdivision, the hearing was opened. There being no appearances, the hearing wasciosed. BILL NO 07-97 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A SANITARY SEWER EASEMENT LOCATED IN GOLDEN EAGLE SUBDIVISION, IN THE CITY OF CAPE GARARDEAU, MISSOURI Mr. Herbst made a motion,seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-97. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. APPEARANCES Mr. Richard Francis Jr., 1601 North Spanish, appeared and stated it was his understanding that newly hired firemen are not given the same time off as other firemen,and that firemen cannot add family to their health insurance coverage. Mr. Leslie explained that fire fighters hired after October, 2006, receive different accrual rates than existing firefighters, but it is still more than other employees receive based on the number of hours worked. Family insurance coverage is available for all new employees, and the family rate is the same for all new firemenas it is for the other employees. Mr. Felix Kinsley appeared questioned any further progress on the mental health facility proposed by Community Counseling Center. I/ Mrs. Christa Francis, 1601 North Spanish, appeared and stated that on July 27th the fire department responded to her home and delivered her baby. She commended them for their response and the care and support she received from them while she was in the hospital. She presented a newspaper article to the Mayor regarding the care she received from the Fire Department employees Mayor Knudtson stated that no firefighter in the newspaper photo was affected by the change in the benefits. The decision on the change in benefits has been made and is final, and the City Council stands united behind the City Manager's decision. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 21,2007 FF-303 E0n600107DW CONSENT ORDINANCES The following bills were given second and third readings as follows; BILL NO. 07-77 AN ORDINANCE ACCEPTING FEE SIMPLE INTERESTS, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF INDEPENDENCE STREET BETWEEN PACIFIC STREET AND KINGSHIGHWAY BILL NO. 07-79 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO PALMER AND PALMER, L.L.C., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A SENIOR CITIZEN HOUSING PROJECT AT 1400 WEST CAPE ROCK DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 07-85 ORDINANCE ACCEPTING PERMANENT UTILITY EASEMENTS FROM NORTH POINT CENTER, L.L.C., AND THOMPSON AND WESBECHER, INC., FOR IMPROVEMENTS TO NORTH POINT CENTER SECOND ADDITION SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 07-86 ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, BY ESTABLISHING NO PARKING ZONES ON WEST END BOULEVARD AT THE INTERSECTION OF BROADWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Voss made a motion, seconded by Mr. Herbst, to approve the second and third readings of BILL NOs. 07-77, 07-79, 07-85 and 07-86 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 on BILL NO. 07-85 for financial reasons because the applicant has a financial relationship with the bank where he works. BILL NO. 07-77 is ORDINANCE NO. 3810, BILL NO. 07-79 is ORDINANCE NO. 3811, BILL NO. 07-85 is ORDINANCE NO. 3812, BILL NO. 07-86 is ORDINANCE NO. 3813. NEW ORDINANCES BILL NO. 07-87 was given first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT STORMWATER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR STORMWATER IMPROVEMENTS AT THE SILVER SPRINGS ROAD/THEMIS STREET INTERSECTION Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-87. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,Ritter, Schneider,Tracy and Voss. Nays, none. - BILL NO. 07-88 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 21, 2007 FF-304 E00600107DW AN ORDINANCE ACCEPTING FEE SIMPLE INTEREST FROM JOHN R. AND PATRICIA A. ECK FOR THE FOUNTAIN STREET II IMPROVEMENTS Mrs. Tracy made a motion,seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-88. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nit's, none. BILL NO. 07-89 was given first reading as follows: AN ORDINANCE ACCEPTING FEE SIMPLE INTEREST FROM WILLIAM AND SOON JO PLEDGER FOR BEND ROAD/MASON STREET/MAIN STREET IMPROVEMENTS Mrs. Schneider made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 07-89. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-91 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT EASEMENTS FROM BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY FOR SANITARY SEWER IMPROVEMENTS AND A WATER TRANSMISSION LINE Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 07-91. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-92 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE CONSTRUCTION OF LASALLE AVENUE BETWEEN INTERSTATE 55 AND STATE ROUTE W IN CAPE GIRARDEAU COUNTY Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 07- 92. The motion was approved upon the following vote: Ayes, Herbst,Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-95 was given first reading as follows: AN ORDINANCE ACCEPTING A WATER LINE EASEMENT FROM CAPE GIRARDEAU PROPERTIES III, L.P., AND MACO PROPERTIES, L.L.C. TO SERVE WEST COURT MANOR APARTMENTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 07-95 was approved upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-96 was given first reading as follows: • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session - May 21,2007 FF-305 E^0600'07DW AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, BY REPEALING NO PARKING ZONES ON BROADWAY AND CLARK STREETS, AND ESTABLISHING NO PARKING ZONES ON BROADWAY AND CLARK STREETS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 07-96. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO.07-99 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ZIEBA SUBDIVISION Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-99. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. RESOLUTIONS BILL NO. 07-81 was presented as follows: A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT, TRANSPORTATION EQUITY 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. 07-81 was approved and the resolution adopted upon Mr. Herbst's motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 0781 is RESOLUTION NO.2274. BILL NO. 07-90 was presented as follows A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH THE CAPE GIRARDEAU COMMUNITY SHELTERED WORKSHOP, INC. TO CONSTRUCT AND MAINTAIN A FENCE AND PARKING LOT ON THE EASTERNMOST 30 FEET OF THE SOUTH WEST END BOULEVARD RIGHT-OF- WAY NORTH OF SOUTHERN EXPRESSWAY The reading of BILL NO. 07-90 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. BILL NO. 07-90 is RESOLUTION NO.2275. BILL NO. 07-93 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN ON PROPERTY LOCATED AT 541 SOUTH BENTON STREET FOR THE COMMUNITY BLOCK GRANT PROGRAM Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 21,2007 FF-306 E00500107DW The reading of BILL NO. 07-93 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. 0793 is RESOLUTION NO. 2276. BILL NO. 07-94 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 5 TO THE GENERAL ENGINEERING SERVICES AGREEMENT WITH WATERS ENGINEERING, INC., FOR THE SOUTH RAMSEY LIFT STATION-SEWER IMPROVEMENT PROGRAM, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 07-94 was approved and the resolution adopted upon Mrs. Tracy's motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-94 is RESOLUTION NO.2277. BILL NO. 07-98 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN STP-URBAN PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR INSTALLATION OF UNINTERRUPTED POWER SOURCES AT VARIOUS INTERSECTIONS ON KINGSHIGHWAY AND ROUTE K, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 07-98 was approved and the resolution adopted upon Mr. Voss' motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 0798 is RESOLUTION NO.2278. APPOINTMENTS Mrs.Tracy made a motion,seconded by Mr. Hopkins, to reappoint Mr. Paul Grebe to the Board of Appeals for a term expiring June 4, 2012. The motion was approved upon the following vote: Ayes, Herbst, Hopkins,Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. LIQUOR LICENSES Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the liquor licenses listed below. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,None. Conditional renewal of the following liquor licenses: Retail liquor by the drink: 2 N Main LLC, d/b/a 2 North Bistro, 2 N. Main,Nathan Smith, Managing Officer Out of Bounds, d/b/a Bel Air Grill, 24 S. Spanish, Misty Thrower, Managing Officer Autumn Demopoulos, d/b/a California Juice Club, 1034 Broadway, Autumn Demopoulos, Managing Officer C. Littge& Company,d/b/a Pockets, 1444 Independence, Carol Littge, Managing Officer BR& BR, LLC, d/b/a Royal N'Orleans, 300 Broadway, Charles Ray, Managing Officer Mark Weber, d/b/a Rude Dog Pub, 123 N. Main, Mark Weber, Managing Officer Retail liquor by the drink and Surrlay Sales: T.W.O. Lexus, LLC, d/b/a Broussard's Cajun Cuisine, 120 N. Main, Michael Clark Managing Officer • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 21,2007 FF-307 Fppanmtnnw Cape Girardeau Brewing Co., d/b/a Buckner Brewing, 132 N. Main, Phillip Brinson, Managing Officer Dalhousie Golf Club, 5670 Bloomfield,Cordell Dombowski, Managing Officer Drury Inns, Inc.,d/b/a Drury Suites, 3303 Campster, Randy Kluge, Managing Officer Outback/Missouri II, Limited Partnership, d/b/a Outback Steakhouse#2615, 101 Cape West Parkway, Christopher Jemison, Managing Officer RT St. Louis Franchise, LLC, d/b/a Ruby Tuesday, 3069 William, Nathan Downing, Managing Officer Original Package Liquor and Sunday Sales: Bi-State Oil Co.,d/b/a Hot Spot, 400 Morgan,Oak, Robert Blank, Managing Officer Food Giant Supermarkets, 1120 N. Kingshighway, lbnnie Watkins, Managing Officer Semo Gas, Inc.,40 N. Sprigg,Toni Majeed, Managing Officer Original Package Liquor, Wine Tasting, and Sunday Sales: Schnucks Markets, 19 S. Kingshighway, Robert Wiegert, Managing Officer 5%Beer by the Drink and Sunday Sales: • Kimberly Robinson, d/b/a Cup 'N' Cork, 46 N. Main, Kimberly Robinson, Managing Officer Denise Salmon, d/b/a All About You, 1750 N. Kingshighway Suite A, Denise Salmon, Managing Officer Manufacturers of Beer: Cape Girardeau Brewing Co., d/b/a Buckner Brewing, 132 N. Main, Phillip Brinson, Managing Officer Final renewal of the following liquor licenses: Retail liquor by the drink: Whiskey Business LLC, d/b/a Last Call, 632 Broadway, Robert Schloss, Managing Officer Mid America Trading LLC, d/b/a Saffron, 97 N. Kingshighway, Supaporn Hill, Managing Officer Craig Horky, d/b/a Daytimers Lounge, 829 S. Kingshighway, Craig Horky, Managing Officer Erika Amacker, d/b/a 8 Seconds, 1000 N. Sprigg, Erika Amacker, Managing Officer Retail liquor by the drinkand Sunday Sales: SCM Plus, Inc., d/b/a Joey's Seafood &Grill, 155 Siemers, Stephen Mills, Managing Officer ESVR, Inc., d/b/a El Acapulco Mexican Restaurant, 202 S. Mt. Auburn, Efren Montano, Managing Officer Doc Cain, Inc., d/b/a Port Cape Girardeau Restaurant& Lounge, 19 N. Water, Dennis Cain, Managing Officer BQ Partners, LLC, d/b/a Mollie's Café& Bar, 11 S. Spanish, Brian Noto, Managing Officer Edwin Rhodes, d/b/a VFW Post 3838, 1049 N. Kingshighway, Edwin Rhodes, Managing Officer Somchai Prasanphanich, d/b/a Pagoda Gardens Restaurant, 329 S. Kingshighway, Somchai Prasanphanich, Managing Officer Logan's Roadhouse, 3012 William,James Paul, Managing Officer GMRI, Inc.,d/b/a Red Lobster, 3269 William, Mark Luhring, Managing Officer GMRI, Inc., d/b/a The Olive Garden Italian Restaurant,3259 William,Troy Mool, Managing Officer GMT Enterprises, LLC,d/b/a River Nick's, 1 N. Main, Rene Tomasino, Managing Officer Columbus Club Association d/b/a Knights of Columbus, 318 S. Spanish, Gilbert Martin, Managing Officer Drury Lodge, Inc., 104 S. Vantage, Larry Welker, Managing Officer Dianne Delapaz, d/b/a Casa Mexicana, 1015 N. Kingshighway, Dianne Delapaz, Managing Officer El Durango#2 LLC, 3049 William Suite 115, Ricky Draughon, Managing Officer Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 21, 2007 FF 308 E00600107DW Original Package Liquor and Sunday Sales: Aldi #98, 2145 Independence, Paul Piorkowski, Managing Officer Bi-State Oil Co., d/b/a Bi-State Southern, Scott Blank, Managing Officer Bi-State Oil Co., d/b/a Bi-State Southern TOO, 920 N. Kingshighway,Scott Blank, Managing Officer Capeland, LLC, d/b/a AM PM, 1101 William, Alam Zahed, Managing Officer Capeland, LLC, d/b/a Quick& Save, 2861 Themis, Alam Zahed, Managing Officer Midwest Energy, Inc,. d/b/a Amerimart #5, 865 N. Kingshighway, Laura Younghouse, Managing Officer Midwest Energy, Inc., d/b/a Amerimart #7, 1320 W. Cape Rock, Laura Younghouse, Managing Officer Martin & Bayley, Inc., d/b/a Huck's Food & Fuel, 353 S. Kingshighway, Gerald Ewing, Managing Officer Phillip McClellan, d/b/a CRS Gas & Liquor, 102 Mason, PhillipMcClellan, Managing Officer Kurt M. Schimmer, d/b/a Discount Smoke Shop, 340 S. Sprigg, Kurt Schimmer, Managing Officer 5% Beer by the Drink: Debra Martin, d/b/a Patricia Ann's, 130 N. Main, Debra Martin, Managing Officer 5% Beer by the Drink cud Sunday Sales: Semo Pizza, Inc., d/b/a Imo's Pizza, 1201 Broadway, Scott Bucher, Managing Officer Wholesalers of Intoxicating Liquor—All Kinds: Major Brands, Inc., 334 N Broadview, Todd Epsten, Managing Officer Mr. Herbst made a motion, seconded by Mrs. Tracy to approve the liquor license for Affiliated Investments d/b/a House Party, 820 N. Sprigg Suite 6, John Baltz, Managing Officer. The City Council discussed concerns with the number of incidents at this location, including the serving of alcohol to underage students. Mr. Herbst requested to include in the motion a clear statement that the Council is concerned with the activities at this location and that the area needs to be monitored closely. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Ms. Ritter requested a report within the next six months on the activities at this location OTHER Mr. Voss made a motion, seconded by Mrs. Tracy, to accept into the City's system the street, water, storm sewer, sanitary sewer and water main extension improvements as shown on the approved plans for the Highlands at Dalhousie Phase 3 in Sewer District 17-1-A. 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. Hopkins' motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. * 'Knudtson, Mayor ee(Y61E4- Gayle L(ionrad, City Clerk