HomeMy WebLinkAboutCouncil.Minutes.04-07-2008.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session April 7, 2008 GG-83
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REGULAR SESSION—APRIL 7,2008
The Cape Girardeau City Council convened in regular session on Monday, April 7, 2008, at 7:00
p.m., with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst,Matt Hopkins,
Marcia Ritter,Loretta Schneider,Debra Tracy and John Voss present.
Rev. Roy Jones of Lynwood 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, personnel and confidential communications with the City Attorney,
pursuant to RSMo. Sections 610.021(1), (2)and(3)upon Mrs. Tracy's motion,Mr. Voss' second,
and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss.
Nays, none.
The minutes of the March 17, 2008, regular and closed sessions were 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.
Mr. Voss made a motion, seconded by Mrs. Schneider, to adopt the agenda. The motion was
approved upon the following vote: Ayes,Herbst,Hopkins, Knudtson,Ritter,Schneider,Tracy and
Voss. Nays, none.
COUNCIL COMMUNICATIONS
Mr. Herbst recognized the Cape County Health Department for their assistance last Friday during a
large water main break. Mr. Herbst requested staff send a letter of thanks for their service. City
Manager Doug Leslie explained that on Friday a line break caused a reduction in water pressure in
approximately one-third of the City. The leak was going into a creek, and that made it difficult to
locate. Due to recent flooding, the bank of the creek at South West End Boulevard gave way and
caused the line to break. Alliance Water isolated and repaired the water main the same day.
Public Works Director Tim Gramling stated that on Thursday there was also a main break related
to saturation of the ground due to flooding.
Mrs. Tracy thanked everyone who participated in the Story Telling Festival this past weekend. It
drew a good crowd from out of town.
Development Services Director Ken Eftink presented a summary of the City's stormwater
mitigation efforts and how effective these were in reducing the flood damage throughout the City
during the recent rains. These efforts included the Walker Branch/Cape LaCroix Creek Flood
Control Project,the LaSalle Detention Basin, and the Flood Buy-Out Program,which left only 17
homes in the flood plain in the City.
Mrs. Tracy encouraged everyone to vote on the Parks and Recreation and Stormwater Tax
Proposal on Tuesday.
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Mayor Knudtson presented certificates to 13 individuals who participated in and graduated from
the Citizens Police Academy.
Mayor Knudtson presented a plaque to Mr. Matt Hopkins honoring and recognizing him for his
service on the City Council from 2000 to2008.
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PUBLIC HEARINGS
This being the date set for a public hearing regarding the request of Rhett and Jennifer Hendrickson
for a Special Use Permit to operate a management and marketing consulting firm and to install a
monument sign at 1729 William Street, at the corner of William Street and Louis Street, within an 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 There being no appearances,the hearing was closed.
BILL NO. 08-45 was given first readingas follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SHAWN PINCKSTEN,
JENNIFER S. HENDRICKSON AND JAMES RHETT HENDRICKSON FOR PURPOSES OF
OPERATING A CONSULTING FIRM, AND CONSTRUCTING AND MAINTAINING A
MONUMENT SIGN, AT 1729 WILLIAM STREET, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
Mr. Herbst made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 08-
45. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays, none. Mr. Hopkins abstained for financial reasons due to his
office having a business relationship with the applicant.
This being the date set for a public hearing regarding the request of Jeff Jackson to rezone an
existing 1.56-acre lot at 611 Charles Street, at the northwest corner of Charles Street and Hawthorne
Road, from R-1, Single-Family Residential District to R-3, Two-Family Residential District, the
hearing was open.
Mr. Jeff Jackson appeared and presented a drawing requesting that Lot 5 be rezoned as R-2 and
the remainder of the lots be rezoned R3, which is different from the request m the agenda.
Mayor Knudtson asked if this change was reflective of the Planning and Zoning Commission's
suggestion. Mr. Eftink indicated that staff has not had the opportunity to review the amended
plan.
Mr. Aaron Green, 616 Charles, who lives across the street from this address, appeared regarding
the request. He stated the current drawing does not have the location of the structures on the lots.
He requested that all setback requirements be met and that thaevised plan go back to the Planning
and Zoning Commission for review and approval. Mayor Knudtson asked for a show of hands of
the residents who were present regarding this issue.
Mr. Kevin Miles, owner of the proposed property, appeared in support of the request. He stated
that in the past the value of land has increased by removing old structures and cleaning the lot. He
felt this development would improve the value of homes in the area.
Mr. Mike Masey, 767 Cedar, stated he does not want the proposed single resident home and
duplexes to turn into low income property.
There being no further appearances the public hearing was closed.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
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Mrs. Tracy made a motion, seconded by Ms. Ritter, to refer back to the Planning and Zoning
Commission the revised request of Jeff Jackson to rezone an existing 1.56-acre lot at 611 Charles
Street, at the northwest corner of Charles Street and Hawthorne Road. The motion was approved
upon the following vote: Ayes, Herbst,Hopkins,Knudtson,Ritter, Schneider,Tracy and Voss.Nays,
none.
This being the date set for a public hearing regarding the request of Brandon O. Williams
Development, LLC, to rezone an existing three-acre lot at 1902 North Kingshighway from C-2,
General Commercial District and R-1, Single-Family Residential District to C-2, General
Commercial District,the hearing was opened.
Mr. Brandon Williams appeared in support of the request and to answer any questions. Mr.
Williams is selling the property and thenew owner is planning to build a car wash.
There being no further appearances,the hearing was closed.
BILL NO. 08-47 was given first readingas follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF AN
EXISTING LOT AT 1902 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI FROM C-2 AND R-1 TO C-2
Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO.
• 08-47. 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 an interest at the bank where he works.
This being the date set for a public hearing regarding the request of Riverwest Partners, LC, to
rezone 14.57 acres known as Walden Park Phase I from R-1, Single-Family Residential District to R-
4, Multi-Family Residential District and for a Special Use Permit for a community center,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 the application file
Mr. Gerry Jones appeared in support of the application and to answer any questions. This phase
will have ten apartment buildings and will adjoin other R-2 properties in future phases.
There being no further appearances,the hearog was closed.
BILL NO. 08-49 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 WALDEN
PARK PHASE I, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM
R-1 TO R-4
Mr. Voss made a motion,seconded by Mr. Hopkins to approve the first reading of BILL NO. 08-
49. 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 an interest at the bank where he works.
Proceedings of the City Council, City of Cape Girardeau, Mo.
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BILL NO. 08-50 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RIVERWEST PARTNERS, LC,
FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A REAL
ESTATES SALES OFFICE IN THE COMMUNITY CENTER IN WALDEN PARK PHASE I,
IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 08-50 was approved upon Mr. Herbst's motion, Mrs. Schneider's
second, and the following vote: Ayes,Herbst, Hopkins, Ritter,Schneider,Tracy and Voss. Nays,
none. Mayor Knudtson abstained for financial reasons because the applicant has an interest at the
bank where he works.
APPEARANCES
Mr. Brandon Williams appeared and stated he received a letter from the Department of Natural
Resources about his desire to burn the trees at 1902 North Kingshighway. He had obtained a burn
permit from the City and was told that was sufficient Now, however, he has had to haul off all the
trees at a greater expense. The Fire Chief indicated he would take care of the Department of
Natural Resources letter. Mr. Williams stated he wanted to dig a pit and burn all the trees, but he
was told he couldn't do that. It has been a week, and Mr. Williams still has not received a
response. He would like to see the Department of Natural Resources letter suspended.
Fire Chief Rick Ennis stated he has been in contact with the Department of Natural Resources, but
he still has not resolved the issue. Mayor Knudtson requested the Fire Chief get in contact with
Mr. Williams within two days.
Mr. Don Howard appeared in opposition to the proposed Parks and Stormwater sales tax on the
ballot for vote on Tuesday, April 8, 2008
CONSENT ORDINANCES
The following bills were given second and third readings:
BILL NO. 08-42 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO A FEDERAL AID SUPPLEMENTAL AGREEMENT
WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION
COMMISSION FOR THE LEWIS AND CLARK PARKWAY PHASE
I, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 08-43 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO A FEDERAL AID SUPPLEMENTAL AGREEMENT
WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION
COMMISSION FOR THE FOUNTAIN STREET PHASE II PROJECT,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO.08-40 AN ORDINANCE AUTHORIZING ACCEPTANCE OF FEE SIMPLE
INTEREST, PERMANENT EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS FROM NORWALD, INC., AND
MEYR PROPERTIES, L.P. FOR THE CONSTRUCTION OF
LASALLE AVENUE, AND OTHER ACTIONS RELATING TO THE
PROJECT
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Regular Session April 7,2008 GG-87
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BILL NO.08-44 AN ORDINANCE APPROPRIATING MONIES FROM THE
GENERAL FUND/DEVELOPMENT SERVICES FOR PAYMENT TO
THE CAPE GIRARDEAU COUNTY TRANSIT AUTHORITY FOR
TRANSPORTATION SERVICES FOR THE FISCAL YEAR ENDING
JUNE 30, 2008, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Mr. Herbst made a motion, seconded by Mr. Voss, to approve the second and third readings of
BILL NOs. 08-42, 08-43, 08-40 and 08-44, 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. 08-42 is ORDINANCE NO. 3905; BILL NO. 08-43 is
ORDINANCE NO. 3906; BILL NO. 08-40 is ORDINANCE NO. 3907; BILL NO. 08-44 is
ORDINANCE NO. 3908.
NEW ORDINANCES
BILL NO. 08-52 was given first readingas follows:
AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE EXTENSION OF
WATER SERVICES TO WHITE OAKS SUBDIVISION IN THE CITY OF CAPE
GIRARDEAU, MISSOURI,AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS
THEREFOR
Mrs. Schneider made a motion,seconded by Mrs. Tracy, to approve the first reading of BILL NO.
08-52. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter,Schneider,Tracy and Voss. Nays, none.
BILL NO. 08-53 was given first reading as follows:
AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE SANITARY SEWER
IMPROVEMENTS IN SEWER DISTRICT 17-D TO SERVE WHITE OAKS SUBDIVISION,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE
OF SPECIAL TAX BILLS THEREFOR
Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO.
08-53. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider,Tracy and Voss. Nays, none.
Mrs. Ritter made a motion,seconded by Mr. Herbst, authorizing final payment to Jokerst,Inc. for
sanitary sewer and water system improvements completed in White Oaks Subdivision. The
motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider,Tracy and Voss. Nays, none.
RESOLUTIONS
BILL NO. 08-48 was presented as follows: •
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session April 7,2008 GG-88
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A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 1 TO ADDENDUM NO. 5 TO THE GENERAL ENGINEERING SERVICES
AGREEMENT WITH WATERS ENGINEERING, INC., FOR THE SOUTH RAMSEY LIFT
STATION, SANITARY SEWER IMPROVEMENT PROGRAM, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve the reading of BILL NO. 08-
48 and to adopt the Resolution subject to approval by the Missouri Department of Natural
Resources. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter,Schneider,Tracy and Voss. Nays, none. BILL NO. 08-48 is RESOLUTION NO.2343.
BILL NO. 08-51 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF
AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR HISTORIC
RESOURCE SURVEY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Mrs. Tracy made a motion,seconded by Mr. Voss,to approve the reading of BILL NO. 08-51 and
to adopt the Resolution. The motion was approved upon the following vote: Ayes, Herbst,
Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-51 is
RESOLUTION NO. 2344.
BILL NO. 08-54 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT WITH RED LETTER COMMUNICATIONS FOR A PORTION OF THE
BUILDING LOCATED AT 100 BROADWAY, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
Mr. Herbst made a motion, seconded by Mr. Hopkins,to approve the reading of BILL NO. 08-54
and to adopt the Resolution. The motion was approved upon the following vote: Ayes, Herbst,
Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-54 is
RESOLUTION NO. 2345.
Mayor Knudtson stated that Red Letter Communications presently operates in a building adjacent
to the City facility at 100 Broadway. The rental of this building will assist Red Letter in
maintaining their presence in the downtown area.
BILL NO. 08-55 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 6 TO THE MASTER SERVICES AGREEMENT WITH S. H. SMITH & COMPANY,
INC., FOR LASALLE AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Mr. Voss made a motion, seconded by Mr. Hopkins, to approve the reading of BILL NO. 08-55
and to adopt the Resolution. The motion was approved upon the following vote: Ayes, Herbst,
Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-55 is
RESOLUTION NO. 2346.
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Regular Session April 7,2008 GG-89
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LIQUOR LICENSE
Mr. Herbst made a motion,seconded by Mrs. Schneider to approve a retail liquor by the drink and
Sunday sales license for Joanne Kwok, d/b/a Showgun Japanese Sushi & Grill Restaurant, Inc.,
289-A South Broadview, Joanne Kwok, Managing Officer. The motion was approved upon the
following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,
none.
OTHER
Mayor Knudtson made a motion, seconded by Mr. Hopkins, to reappoint Ms. Marcia Ritter and
Mr. Harry Rediger to the Tax Increment Financing Commission for terms expiring April 1, 2012.
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.
ggih
Jay B. dtson, Mayor
Li
Asp, // Aisymak
Gayle it,onrad,City Clerk
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