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Home My WebLink AboutCouncil.Minutes.05-20-2002.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Re.aular S@SSIOCI M�2�, 2�02 354— 531809 REGULAR SESSION—MAY 20,2002 The Cape Girardeau City Council convened in regular session on Monday, May 20, 2002, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charles Herbst,Matthew Hopkins, Jay Purcell, Marcia Ritter and Hugh White present. The invocation was presented by Rev. Bob Towner of Christ Episcopal Church, and the Pledge of Allegiance was recited. The minutes of the May 6, 2002, regular and closed sessions were approved upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell, Ritter,White. Nays,none. Mr. White made a motion, seconded by Ms. Boardman, to remove Bill Nos. 02-99 and 02-100 relating to sales tax issues, and item 22 relating to a liquor license for the Pilots Club, from the agenda and to adopt the agenda as amended. The motion was approved upon the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson,Purcell, Ritter, White. Nays,none. BILL NO. 02-99 read as follows: AN ORDINANCE PROVIDING FOR A SALES TAX 1N THE AMOUNT OF ONE-QUARTER OF ONE PERCENT FOR THE PURPOSE OF PROVIDING REVENUES FOR THE OPERATION OF THE CAPE GIRARDEAU MUNICIPAL FIRE DEPARTMENT AND CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF WHETHER TO IMPOSE SUCH SALES TAX BILL NO. 02-100 read as follows: AN ORDINANCE PROVIDING FOR A SALES TAX 1N THE AMOUNT OF ONE-HALF OF ONE PERCENT FOR THE PURPOSE OF PROVIDING FUNDING FOR STORM WATER CONTROL AND LOCAL PARKS AND CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF WHETHER TO IMPOSE SUCH SALES TAX Mayor Knudtson stated that it was the opinion of the City Council that it is too soon to place tax issues on the August election ballot, and all options will need to be explored before the ordinances are put back on the agenda. This being the date set for a public hearing regarding the necessity to improve that part of Silver Springs Road from Missouri Route 74 South to Mt. Auburn Road, for a distance of approximately 3,950 feet,the hearing was opened. There being no appearances,the hearing was closed. This being the date set for a public hearing regarding the necessity to improve that part of Silver Springs Road from Mt. Auburn Road to South Kingshighway, for a distance of approximately 3,800 feet,the hearing was opened. There being no appearances,the hearing was closed. This being the date set for a public hearing regarding the necessity to improve that part of Bloomfield Road from Siemers Drive to the entrance of Stonebridge Subdivision, for a distance of approximately 3,450 feet, the hearing was opened. Mr. Tom Lett appeared and stated he did not know if he was opposed to the project or not because he had not seen the plans for the project. City Engineer Mark Lester explained that the plans are not yet complete; however, there will be a Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SS1011�, Znn2 3�Q_ S31809 —�— meeting with the adjoining property owners to review the plans when they are complete. Ms. Jane Cox appeared and stated that she and her husband own the old Campster School property. She expressed concern that this project would adversely affect the retaining wall, which runs along the length of the property. There being no further appearances,the hearing was closed. � Mr. Don Howard appeared in opposition to Bill Nos. 02-99 and 02-100 relating to the sales tax issues. Mayor Knudtson explained that these two bills had been removed from the agenda, and the Council is obtaining input from City staff and reviewing all issues relating to this matter. Mr. Dave Harper, 933 N. Lorimier, appeared in opposition to a rezoning request at 916 North Fountain Street. Ms. Ruth Holdman, 2309 Perryville Road, appeared in support of Bill No. 02-97 relating to lateral sewer district no. 14-K-7. She stated that her septic tank is not functioning, and this sewer district will help alleviate the problems. BILL NO. 02-97 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-K-7, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-K, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 02-97 was approved upon Mr. White's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. Mr. Charles Mattingly appeared regarding a stormwater problem at 43 South Lorimier. He stated that since the CSO project was complete and the street was overlayed, he has had water problems in the basement of his building. He stated he has spoken with Mr. Miller and Mr. Leslie, and they are supposed to be looking into the problem. He stated that the entire downtown area has had water problems since the CSO project was completed, and the Council needs to review the problems and take corrective action. City Manager Michael Miller responded that the City staff is looking at installing an additional storm drain near the driveway area. I Mr. Darren Brooks, who lives at 43 South Lorimier, appeared and requested the Council speed up the process to correct the stormwater problem at this address. � Mr. Don Howard appeared and questioned whether the fireworks ordinance was going to be enforced this year. He discussed issues that he felt occurred last year with the Police and Fire � � Departments. Mr. Miller explained that according to the Police Department audiotapes, the � �� response times were adequate, and he would provide this information to the Council. Mayor iKnudtson applauded the Police Department for the work they did last year. He indicated to Mr. � Howard that the City Council will listen to his complaints but they will stand behind the decisions of the City Manager and City staf£ The Council will review the information from the incidents �� that occurred the previous year, and the Police Department will do what it can to enforce the ; ordinance. � IMr. Felix Kinsley appeared in support of the actions of the City Council. � Mr. Herbst thanked the city employees for their work during the recent heavy rains. He icommended all the departments for their cooperation in working together for the good of the city. � �I � Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI May 20, 2002 361 ___. ._________�___._,___.___.P __...__ .._ __... ..,____. __.__ _. . _ _�_ _ _ _--______ ._ .. _ T00111195 Ms. Boardman also commended the departments for their work with the recent rains and stormwater problems. Mr. Hopkins thanked the Police Department for handling the traffic issues in the city that were caused from the construction work on Interstate 55. Mayor Knudtson commended the City staff for their prompt response to citizen complaints. Upon the request of Mayor Knudtson, Public Works Director poug Leslie gave an update on the recent flooding issues in the city. He explained that the major flood improvements in the city, including the detention basin, the Cape LaCroix Creek project, and the flood buyout, helped immensely to save employee time in dealing with the floodwaters and save money from property damage. The following ordinances were given second and third readings: BIL.L NO. 02-83 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 IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI BILL NO. 02-84 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO WILLIAM 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 BILL NO. 02-90 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 BILL NO. 02-85 AN ORDINANCE GRANTiNG A SPECIAL USE PERMIT TO ST. FRANCIS MEDICAL CENTER FOR PURPOSES OF PLACEMENT OF TWO TEMPORARY MODULAR UNITS AT 211 ST. FRANCIS DRIVE The second and third readings of BILL NOs. 02-83, 02-84, 02-90 and 02-85 were approved and the ordinances adopted upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BII,L NO. 02- 83 is ORDINANCE NO. 3005; BILL NO. 02-84 is ORDINANCE NO. 3006; BILL NO. 02-90 is ORDINANCE NO. 3007; BILL NO. 02-85 is ORDINANCE NO. 3008. BILL NO. 02-94 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF SILVER SPRINGS ROAD BETWEEN MT. AUBURN ROAD AND KINGSHIGHWAY Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SgSSIOCI May 20, 2002 362 T00711195 The first reading of BII,L NO. 02-94 was approved upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. BILL NO. 02-95 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF COMMERCE BANK SUBDNISION The first reading of BII.L NO. 02-95 was approved upon Mr. White's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson (abstain), Purcell, Ritter,White. Nays,none. BILL NO. 02-96 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF CRITES ELEVENTH ADDITION AMENDED The first reading of BILL NO. 02-96 was approved upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. BILL NO. 02-98 was given first reading as follows: AN ORDINANCE APPROViNG THE RECORD PLAT OF DSWD INDEPENDENCE SUBDNISION NO. 1 The first reading of BILL NO. 02-98 was approved upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. BILL NO. 02-101 was presented as follows: A RESOLUTION AUTHORIZING THE DISTRIBUTION OF A REQUEST FOR PROPOSALS BY THE TAX INCREMENT FINANCING COMMISSION OF THE CITY OF CAPE GIRARDEAU,MISSOURI The reading of BILL NO. 02-101 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-101 is RESOLUTION NO. 1782. Regarding the Prestwick project, Mr. Hopkins explained that the Council has not given is final approval. Consideration of this project will come before the City Council at a future date. BILL NO. 02-102 was presented as follows: A RESOLUTION AUTHORIZING A PRELIMINARY FUNDING AGREEMENT WITH PRESTWICK GROUP, LTD. AND ESTABLISHING AN ESCROW FOR FUNDING COSTS IN CONNECTION WITH A PROPOSED TAX 1NCREMENT FINANCING PROJECT Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI May 20, 2002 363 _��._.____.___..._��________________..r___�_.______,--- ,_.__. . -- . _._ _. _.._..,._. ___ ...... _ _._._ _.__ __ .-,---_..._ __ T00111195 �.. .............�.--- �______._.._.__.._. �.�_�_-___a......,_.....--_______ __..._...__.�,_____ _...._._.__.._..___......_____.._.._.,._.._...._,..._. . __...... ___.._...._ _.�__._....._ ...._._.._.. ._... _...__. _.. ._... ...___..___ The reading of BILL NO. 02-102 was approved and the resolution adopted upon Mr. White's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-102 is RESOLUTION NO. 1783. Mayor Knudtson explained that the cost of exploring the TIF options for the Prestwick project are being covered by the developer through this agreement. William Dunn was appointed to the Airport Advisory Board for a term expiring April 30, 2005, upon Mr. Hopkins' motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst,Hopkins,Knudtson,Purcell,Ritter,White. Nays,none. Paul Grebe was appointed to the Board of Appeals for a term expiring June 4, 2007, upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson,Purcell, Ritter,White. Nays,none. A retail liquor by the drink and Sunday sales liquor license was conditionally approved for Mollie's Cafe and Bar LLC, d1b/a Mollie's Cafe and Bar, 11 S. Spanish, Michael T. Risch, Managing Officer, upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes,Boardman,Herbst, Hopkins, Knudtson,Purcell,Ritter,White. Nays,none. The following liquor licenses were approved upon Mr. White's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Original Package Liquor and Sunday Sales: Bi-State Oil Co. d/b/a Bi-State Southern Too, 920 N. Kingshighway, Robert Paul Blank, Managing Officer C&R Oil LLC d/b/a D-Mart#6, 263 Farrar Dr., Bradley E. Smith,Managing Officer Gates Crew LLC d/b/a Dwight's Amoco, 2148 William, Dwight Reece Gates, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 407 Morgan Oak, Paul Richard Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 10 S. West End, Paul Richard Dirnberger, Managing Officer Pajco Inc. d1b/a Rhodes 101 Stop, 2109 William,Paul Richard Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 449 S. Kingshighway, Paul Richard Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 1610 N. Kingshighway, Paul Richard Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 1008 N. Kingshighway, Paul Richard Dirnberger, Managing Officer Retail Liquor by the Drink and Sunday Sales: Michael Hess d/b/a Breakaways, 15 N. Main,Michael Hess, Managing Officer Edwin E. Rhodes d/b/a VFW Post 3838, 1049 N. Kingshighway, Edwin Rhodes, Managing Officer Rockhouse Entertainment d/b/a Show-Me's, 1751 Independence, Don Harris, Managing Officer Wholesalers of Malt Liquor Not in Excess of 5%: Thilenius Distributing Co., d/b/a River Eagle Distributing Co., 2346 Rust Ave., Gene H. Patterson,Managing Officer Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI May 20, 2002 364 _ _—____�_. _.______.____,__.___.___ T00111195 ..----_....----._.___�_ e� oIlov�nng iquorw�Ticenses were conaitionalI-y approved��upon�Mr. Hop m�c`�-s' motion, Ms. Boardman's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell,Ritter, White. Nays,none. Original Package Liquor and Sunday Sales: Bi-State Oil Co. d/b/a Bi-State Southern, 400 Morgan Oak, Robert Paul Blank, Managing Officer Drury Petroleum Corp. d/b/a Amoco, 3276 William,Bradley L. Smith,Managing Officer DSW Development Corp. d/b/a Shell-Cape, 3415 William, Bradley L. Smith, Managing Officer Cassandra Gibson d/b/a JD's Quick Shop, 1101 William, Cassandra Gibson, Managing Officer Martin & Bayley, Inc. d/b/a Hucks #271, 353 S. Kingshighway, Robert Craig Scheafnocker, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 1126 N. Sprigg, Paul Richard Dirnberger, Managing Officer Wal-Mart Stores East LP d/b/a Wal-Mart, 3439 William, Charles Louis Bezoni, Managing Officer Retail Liquor by the Drink: Patria A. Allen, d/b/a Celebrations, 615 Bellevue,Patricia A. Allen,Managing Officer Janet Bierschwal d/b/a Recover Room, 1611 Independence, Janet Bierschwal, Managing Officer Blue Sun, Inc. d/b/a Bel Air Grill, 24 S. Spanish, Robert Franklin Guard,Managing Officer Tamara Zellers Buck d/b/a Phat Cat, 731 Broadway, Tamara Zellers Buck,Managing Officer Craig C. Horky d/b/a Daytimers Lounge, 829 S. Kingshighway, Craig C. Horky, Managing Officer David D. McAllister d/b/a Mac's Smokehouse, I-55 & Airport Rd., David McAllister, Managing Officer Michael C. Schmidt d/b/a The Playdium, 1127 Broadway, Michael C. Schmidt, Managing Officer Mark Weber d/b/a Rude Dog Pub, 123 N. Main, Mark J. Weber,Managing Officer Retail Liquor by the Drink and Sunday Sales: Capaschco Inc. d/b/a The Pasta House, 3049 William Suite 155, Edward N. Goergen, Managing Officer Doc Cain Inc. d/b/a Port Cape Girardeau, 19 N. Water, Dennis R. Cain, Managing Officer Drury Lodge Inc. d/b/a Drury Lodge, 3624 William, Larry Dean Welker,Managing Officer Eateries, Inc. d/b/a Garfield's Restaurant and Pub, 3049 William Suite 211, Carla Jean Williams, Managing Officer Loi H. Ha d/b/a The Billiard Center, 26 N. Main,Loi Hung Ha, Managing Officer Gary Helwege d/b/a B G's Olde Tyme Deli, 205 S. Plaza Way, Gary Joseph Helwege, Managing Officer MidAmerica Hotels Corp. d/b/a Holiday Inn Complex, 3265 and 3267 William, Daniel Marion Drury, Managing Officer Mollie's Cafe & Bar LLC d/b/a Mollie's Cafe & Bar, 11 S. Spanish, Michael T. Risch, Managing Officer Efren Montano d/b/a El Acapulco, 202 Mt. Auburn Road, Efren Montano,Managing Officer Somchai Prasanphanich d/b/a Pagoda Gardens Restaurant, 329 S. Kingshighway, Somchai Prasanphanich,Managing Officer Thomas and King, Inc. dlb/a Applebee's Neighborhood Grill & Bar, 202 S. Broadview, Gretchen Zellmer-Griggs,Managing Officer Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI May 20, 2002 365 ____�____._________._.______.._._._ _�_.___ .__,_.- ------------ ____-- - ___._------___._.____._,____ T00111195 . . . ..� _.__.......__......_. _._._.��._..____.._�__._.._.._.._.__.__._._ ._._.,..__.. .. ._._._.._._._......_...,..__._._.__.._ .._ ....___._..�._. __.._ _.._...._. _.__._.. S%Beer by the Drink: Chan Po Chun d!b/a Chan's Restaurant, 1159 N. Kingshighway, Chan Po Chun, Managing Officer Missouri Parks Development Foundation d/b/a Shawnee Park Sports Complex, 1157 S. West End,Daniel D. Muser,Managing Officer S%Beer by the Drink and Sunday Sales: R & V Enterprises, Inc. d/b/a Pagliai's Pizza, 1129 Broadway, Ronald Bohnert, Managing Officer Wholesales of Intoxicating Liquor-All Kinds: Major Brands, Inc. d/b/a Major Brands, 334 N. Broadview, Robert Norman Epsten, Managing Officer 3.2%Non-Intoxicating Beer by the Drink: Scott Bucher d/b/a Imo's Pizza, 1201 Broadway, Scott Robert Bucher,Managing Officer Pizza Enterprises d/b/a Cape Pizza#2, 215 S. Kingshighway, Dewayne Severs, Jr., Managing Officer Mayor Knudtson called for a motion adopting a policy for the placement of beautification and recognition items on the properties, easements, or rights-of-way of the City of Cape Girardeau. The matter failed for lack of a motion. The preliminary plat of Wyandotte Acres Fourth Addition was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell,Ritter,White. Nays,none. Mr. Hopkins' made a motion, seconded by Ms. Boardman, to file the recommendation of the Planning and Zoning Commission to deny the request of Charles and Rosemary Wiseman to rezone 916 North Fountain Street from R-2, single family residential district, to R-4, multiple family residential business district. The motion was approved upon the following vote: Ayes, Boardman,Herbst,Hopkins,Knudtson, Purcell,Ritter,White. Nays,none. There being no further business, the Council adjourned upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell,Ritter,White. Nays,none. y ' . ` �/ �j� . ��( _. _--,.._.--� ,%' Jay . udtson,Mayor � � �_.....__-� �:�.,_,�. � l �:a ,u-,_�� Gayle L.' ,onrad, City Clerk