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Home My WebLink AboutCouncil.Minutes.05-06-2002.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Raanlar Session ��L.�+ �nm 3.5.�— — ---- S31809 -- — -- -- �— - - REGULAR SESSION—MAY 6,2002 The Cape Girardeau City Council convened in regular session on Monday, May 6, 2002, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charles Herbst, Matthew Hopkins, Jay Purcell, and Hugh White present. Marcia Ritter was absent. The invocation was presented by Council Member Hugh White, and the Pledge of Allegiance was recited. Prior to the regular session,the City Council convened in closed session for purposes of discussing confidential or privileged communications with its attorney pursuant to RSMo. Section 610.021(1), upon Mr. White's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson,Purcell,White. Nays,none. The minutes of the April 15, 2002, regular and closed sessions and April 26, 2002, closed session were approved upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes,Boardman,Herbst, Hopkins,Knudtson,Purcell,White. Nays,none. The agenda was adopted as distributed upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell,White. Nays,none. This being the date set for a public hearing regarding the request of AmerenUE for a special use permit for an electrical distribution substation at 7 North Ellis Street in a C-1, local commercial district,the hearing was opened. Ms. Johanna Patton of AmerenUE appeared and explained that this application was previously approved in November of 2000; however, AmerenUE was not authorized to relocate the electric substation until November of 2001, and the previous special use permit had expired. Under the current GSA schedule for the federal building, the relocation of the substation should be complete by the end of 2002. Mr. Bill Joiner, 23 North Ellis, appeared with questions regarding the gravel driveway, the base of the substation, and the proposed green space around the substation. Ms. Patton explained there would be no grass inside the fenced area, and all city requirements for the driveway will be met. There being no further appearances,the hearing was closed. BILL NO. 02-83 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO UNION ELECTRIC COMPANY DB/A AMERENUE FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN ELECTRICAL DISTRIBUTION SUBSTATION AT 7 NORTH ELLIS 1N THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 02-83 was approved upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, White. Nays,none. This being the date set for a public hearing regarding the req�aest of William R. and Kathryn F. Swan for a special use permit for a 160-foot telecommunication tower at 1606 N. Kingshighway in a C-1, local commercial district, the hearing was opened. Reggie and Kathy Swan appeared in support of the request. Mr. Swan explained that the present 120' tower will be replaced with a i Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI Ma�6, 2002 3�p_ 531809 I 160' freestanding tower in the rear of the property. There being no further appearances, the hearing was closed. BILL NO. 02-84 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO WII.LIAM R. AND KATHRYN F. SWAN FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A 160-FOOT TELECOMMUNICATION TOWER AT 1606 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 02-84 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, White. Nays,none. This being the date set for a public hearing regarding proposed amendments to the Zoning Ordinance, Section 30-39(d), regarding placement of temporary manufactured units and modular units, the hearing was opened. Mr. Rick Essner of St. Francis Medical Center appeared and explained that the hospital is beginning a five-year renovation project, and it will be necessary to relocate several rooms to modular units to allow for the construction. This ordinance change is necessary to allow the placement of modular units. There being no further appearances, the hearing was closed. BILL NO. 02-90 was given first reading as follows: AN ORDINANCE ENACTING A NEW SECTION OF CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, RELATING TO PLACEMENT OF MANUFACTURED BUSINESS UNITS The first reading of BILL NO. 02-90 was approved upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, White. INays,none. � This being the date set for a public hearing regarding the request of St. Francis Medical Center for a special use permit for the placement of two temporary modular units at 211 St. Francis Drive in a IC-2, general commercial district, the hearing was opened. Mr. Rick Essner appeared in support of � the request and to answer any questions. There being no further appearances, the hearing was � closed. BILL NO. 02-85 was g-iven first reading as follows: � AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ST. FRANCIS MEDICAL I CENTER FOR PURPOSES OF PLACEMENT OF TWO TEMPORARY MODULAR UNITS AT 211 ST. FRANCIS DRNE � The first reading of BILL NO. 02-85 was approved upon Mr. Herbst's motion, Ms. Boardman's � second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, White. Nays,none. This being the date set for a public hearing regarding the filing of an application for funding from � the Missouri Highway and Transportation Department pursuant to Section 5311 of Title 49, E� �� Proceedings of the City Council, City of Cape Girardeau, Mo. #gR»��.- S@SSIOCI -�1�ra�� nm ,3.6i S31809 United States Code, to assist in funding and operating the city's taxi coupon public transit program,the hearing was opened. Ms. Miki Gudermuth of SEMO Alliance for Disability Independence (SADI) appeared before the Council. She explained that SADI provides transportation services to people with disabilities. � SADI has applied for funding from MoDOT to assist in their efforts. She distributed a letter from Kelley Transportation Company in opposition to SADI's request. Regarding the taxi coupon program, she stated that there is a lack of accountability for services provided under the program for people with disabilities. She expressed concerns with the current t�i coupon program and complaints regarding the current taxi provider. SADI would be willing to bid against the current company for taxi service for the disabled; however, they are trying to get an additional van for service. She questioned why the non-disabled and higher income are eligible to purchase taxi coupons and why the taxi company is required to give 24 hour service. She felt that the current taxi company should be more accountable for their actions. City Manager Michael Miller explained that under the grant,the city is required to provide a certain percentage of coupons to the elderly and disabled, and the remainder must be made available to the general public. Mr. Chuck Hensey appeared and stated that he worked as a dispatcher at SADI. Disabled people call daily for rides through their transportation service, and they are just asking for help for those who cannot get out or who are disabled. There being no further appearances,the hearing was closed. BII,L NO. 02-92 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO FII.E AN APPLICATION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR FUNDS TO AID 1N THE FINANCING OF A PUBLIC TRANSPORTATION SYSTEM The reading of BILL NO. 02-92 was approved and the Resolution adopted upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell,White. Nays,none. BILL NO. 02-92 is RESOLUTION NO. 1775. Mr. David Hinton of Mi-Hi Properties appeared to appeal a decision of the City to withhold an insurance payment relating to a home that burned. He gave the history of a house fire that occurred at 838 South Ellis. Since the time of the fire, Mr. Hinton has sold the house. Pursuant to Section 7-278 of the city code, the insurance company issued a check to the City and to Mr. Hinton, and the city is withholding the check until the present owner improves the home. Mr. Hinton requested the City Council act as the Building Commission to reverse the decision of the city officials and reimburse the insurance money to him. Upon questioning by the Council, Mr. Miller reviewed the requirements of the city ordinance relating to withholding the insurance money and what it is to be used for. Once the improvements are complete, the money will be released to Mr. Hinton. Following discussion by the Council, Mayor Knudtson called for question whether the City Council wanted to change the action of the city staf£ There being no response, the City Council let the decision stand. Mr. Gilbert Logel, 1812 LaMesa, appeared regarding the funding for the River Campus Project. He reviewed the history of the restaurant tax election and bond issue election, the contract with the University for the project, and the lawsuit filed against the city. He stated that there is no support for this project, there is no benefit to the city, and the University will build the project whether or Proceedings of the City Council, City of Cape Girardeau, Mo. RPunlar Session Ma�6, Zooa �_ S31809 not the city participates in it. Mayor Knudtson explained that if there is any movement on the project,there will be an education process for the citizens. Mr. Herbst thanked Airport Manager Bruce Loy for his hard work on the Shawnee District Boy � Scout Jamboree which was held at the Airport. Nineteen troops participated in the event, which was a great success. City Manager Michael Miller introduced the Revenue Issues Team. He explained that this team was formed to review additional revenue sources available to the city as compared to city needs. He explained that the team's recommendation involves holding an election in August, and an Ordinance will be presented on the next City Council Agenda for review and consideration. On behalf of the team, Tim Gramling presented a proposal, including needs of the city, and recommendations of the Revenue Issues Team. The team recommended submitting to the voters in August a 1/2¢ parks/stormwater sales tax and a 1/4¢ fire sales tax. These will generate approximately$6 million per year, which will provide funds for most of the identified needs in the proposal. Mayor Knudtson commended the team on their report. He stated that by putting an ordinance on the next City Council agenda, the Council is not yet endorsing the project. It is necessary to consider it at the next Council meeting in order to meet time constraints for an August election. IThe following bills were given second and third readings: BII.L NO. 02-77 AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF BLOOMFIELD ROAD FROM SIEMERS DRIVE TO THE ENTRANCE OF STONEBRIDGE SUBDNISION, BEING A PART OF THE TRANSPORTATION TRUST FUND PROGRAM � BILL NO. 02-78 AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF SILVER SPRINGS ROAD FROM MT. AUBURN ROAD TO KINGSHIGHWAY, BE1NG A PART OF THE TRANSPORTATION TRUST FUND PROGRAM BII,L NO. 02-79 AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF SILVER SPRINGS FROM MISSOURI ROUTE 74 (SHAWNEE PARKWAY) SOUTH TO MT. AUBURN ROAD, BEING A PART OF THE TRANSPORTATION FUND PROGRAM BILL NO. 02-81 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF SII.VER SPRINGS ROAD BETWEEN MT. AUBURN ROAD AND KINGSHIGHWAY BILL NO. 02-82 AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO INCLUDE PROPERTIES OF WILLIAM O.L. SEABAUGH VOLUNTARY TRUST AND PATRICIA L. SEABAUGH TRUST AND k WARD 6 TO INCLUDE PROPERTIES OF PRESTWICK HOLDINGS, L.L.C., AND PATRICK F. EVANS �i Proceedings of the City Council, City of Cape Girardeau, Mo. �P�u�a�- Session �;br2002 �— - - - ----- S31809 ---- --- - The second and third readings of BII,L NOs. 02-77, 02-78, 02-79, 02-81 and 02-82 were approved and the ordinances adopted upon Mr. White's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, White. Nays, none. BILL NO. 02- 77 is ORDINANCE NO. 3000; BILL NO. 02-78 is ORDINANCE NO. 3001; BII.,L NO. 02-79 is ORDINANCE NO. 3002; BILL NO. 02-81 is ORDINANCE NO. 3003; BILL NO. 02-82 is ORDINANCE NO. 3004. BILL NO. 02-86 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH L. E. HAEFNER ENTERPRISES, INC. FOR MASTER TRANSPORTATION PLANNING, HIGHWAY CORRIDOR AND PROJECT IMPLEMENTATION AND GOVERNMENT AFFAIRS CONSULTATION The reading of BILL NO. 02-86 was approved and the resolution adopted upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell,White. Nays,none. BII,L NO. 02-86 is RESOLUTION NO. 1776. BILL NO. 02-87 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE UNITED STATES OF AMERICA ACTING THROUGH THE FEDERAL AVIATION ADMINISTRATION The reading of BILL NO. 02-87 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell, White. Nays,none. BILL NO. 02-87 is RESOLUTION NO. 1777. BILL NO. 02-88 was presented as follows: A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI DEPARTMENT OF SOCIAL SERVICES UNDER THE EMERGENCY SHELTER GRANT PROGRAM, FOR SAFE HOUSE FOR WOMEN, INC. AND THE SALVATION ARMY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS The reading of BII.L NO. 02-88 was approved and the resolution adopted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell,White. Nays,none. BILL NO. 02-88 is RESOLUTION NO. 1778. BILL NO. 02-89 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH APEX PAVING COMPANY FOR THE 2002-1 STREET OVERLAY PROGRAM The reading of BII,L NO. 02-89 was approved and the resolution adopted upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell, White. Nays,none. BILL NO. 02-89 is RESOLUTION NO. 1779. BILL NO. 02-91 was presented as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI Ma� 6, 2002 3�_ 531809 A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH THE "COMMUNITY DEVELOPMENT BLOCK GRANT" ; PROGRAM AND AUTHORIZING THE CITY MANAGER TO PURSUE ACTIVITIES 1N AN ATTEMPT TO SECURE FLINDING FOR A NEIGHBORHOOD REHABILITATION � PROJECT � � The reading of BILL NO. 02-91 was approved and the resolution adopted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell,White. Nays,none. BILL NO. 02-91 is RESOLUTION NO. 1780. BILL NO. 02-93 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENT NO. 2 TO AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR ADDITIONAL PERSONNEL SECURITY MEASURES AT THE CAPE GIRARDEAU REGIONAL AIRPORT T'he reading of BII,L NO. 02-93 was approved and the resolution adopted upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell,White. Nays,none. BII,L NO. 02-93 is RESOLUTION NO. 1781. William Gerry Keene III, James Trickey and Larry Jackson were appointed to the Airport Advisory Board for terms expiring Apri130, 2005, Frederick Schmucker was appointed for a term expiring April 30, 2004, and Kenneth Myles was appointed for a term expiring April 30, 2003, upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson,Purcell, White. Nays,none. Ann Porter Gifford, Laura Ritter and Todd Miller were appointed to the Vision 2020 Community Relations Council for terms expiring December 31, 2003, upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, White. Nays,none. Jeff Glenn was appointed to the Parks and Recreation Advisory Board for a term expiring October � i 29, 2004, upon Mr. White's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst,Hopkins,Knudtson,Purcell,White. Nays,none. The following liquor licenses were approved upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes,Boardman,Herbst,Hopkins, Knudtson, Purcell,White. Nays, none. � Original Package Liquor and Sunday Sales: Kidds Inc. d/b/a Kidd's, 1325 Broadway, Ernestine Kidd, Managing Officer Kidds II Inc. d/b/a Kidd's II, 103 N. Kingshighway, Ernestine Kidd, Managing Officer Retail Liquor by the Drink and Sunday Sales: Fraternal Order of Eagles d/b/a Eagles, 321 N. Spring, William D. Stoffel, Managing Officer ' GMRI Inc. d/b/a Red Lobster, 3269 William,Roger J. Bresnahan,Managing Officer The following liquor licenses were conditionally approved upon Ms. Boardman's motion,Mr. f Hopkins' second and the following vote: Ayes,Boardman,Herbst,Hopkins, Knudtson,Purcell, � � White. Nays,none. Original Package Liquor and Sunday Sales: j Food Giant Supermarkets Inc. d/b/a Food Giant #73, 1120 N. Kingshighway, Ronnie J. I� i� Proceedings of the City Council, City of Cape Girardeau, Mo. lteaular S@SSIOCI a� �_ Znn2 3�4_ 531809 Watkins,Managing Officer Phillip T. McClellan d/b/a CRS, 102 Mason,Phillip T. McClellan,Managing Officer Original Package Liquor, Sunday Sales and Wine Tasting: Schnuck Markets Inc d/b/a Schnucks, 19 S. Kingshighway, Robert Francis Wiegert, Managing Officer Retail Liquor by the Drink and Sunday Sales: Ray Drury d/b/a Cape Elks Lodge #639, 639 Elks Lane/Limbaugh Lane, Ray Drury, Managing Officer Outback/Missouri-II Limited Parinership olb/a Outback Steakhouse #2615, 101 Cape West Parkway, Andrew P. Hancock,Managing Officer Ruby Tuesday Inc. d/b/a Ruby Tuesday, 3069 William, Kevin Patrick O'Connell, Managing Officer West Park Bowling Lanes Inc. d/b/a West Park Bowling Lanes, 354 S. Silver Springs Rd., Darryl James,Managing Officer Willy's Beach Club LLC d/b/a Willy Jak's, 1 N. Main, Robert Dewayne Lagore, Managing Officer Bill Zellmer d/b/a Buffalo Wild Wings, 2136 William(Town Plaza), Bill Zellmer, Managing Officer S%Beer by the Drink: Salamy Twins Inc. d/b/a Phoenicia Restaurant, 1000 N. Sprigg, Emad P. Salamy, Managing Officer Wholesales of Intoxicating Liquor Under 22% Bluff City Beer Co. Inc. d/b/a Bluff City Beer, 450 Siemers, William H. Bess, II, Managing Officer Mr. Purcell made a motion, seconded by Mr. Herbst, to accept into the city's system the street improvements on Broadway from Clark Avenue east to Perry Avenue, and to authorize final payment to Monroe Plumbing and Heating Co., Inc. The motion was approved upon the following vote: Ayes, Boardman,Herbst,Hopkins,Knudtson, Purcell,White. Nays,none. Mr. White made a motion, seconded by Mr. Herbst, to adopt the amended Street Light Policy for the city. The motion was approved upon the following vote; Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell, White. Nays,none. There being no further business, the Counci] adjourned upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, White. Nays,none. :- _�� . .4 .`f /.--' Jay B, udtson, Mayor � ��; , � x.; �� :,::i. Gayle L1 Conrad, City Clerk