HomeMy WebLinkAboutCouncil.Minutes.06-17-2002.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI June 17, 2002 375
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REGULAR SESSION—JiJNE 17,2002
The Cape Girardeau City Council convened in regular session on Monday, June 17, 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. Paul Kabo, Jr., First Presbyterian Church, and the Pledge of
Allegiance was recited.
The minutes of the June 3, 2002, regular session were approved upon Mrs. Ritter's motion, Mr.
Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell,
Ritter,White. Nays,none.
The agenda was adopted as distributed upon Mr. Hopkins' motion, Ms. Boardman's second, and
the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,
none.
Mr. David Gerlach, President of Randol Farms Development, appeared regarding tax bills for
Kent Drive. He stated that approximately ten years ago when Lexington Avenue was developed it
affected his property on Kent Drive. At that time he reviewed the design plans for Lexington and
used this information as the basis for his decision to purchase the land. After he purchased the
land and donated 80 feet of property for the street, the design changed and adversely affected his
property along Lexington and Kent Drive. Now the church wants to buy a lot from Randol Farms
for additional parking; however, he cannot sell the rest of the lots. The tax bill is against all of the
property and not against each individual lot. Therefore,he would have to pay off the entire t�bill
in order to sell a lot to the church. He has prepared a record plat for this area, and it has been
presented to the city, although it has not yet been approved by the Council. He requested the city
assist him in this matter as presented in his letter to the City Council dated June 11, or he may be
forced to walk away from the property and the tax bills. Mayor Knudtson requested city staff
provide additional information on this matter to the Council for review.
Mr. James Coley, 623 S. Sprigg, appeared regarding the noise problems in the city, including the
honking of car horns. There is a good noise ordinance in place; however, it is not enforced. He
described an incident that occurred at his residence on South Sprigg relating to a neighbor using a
car horn. The police were contacted, an officer responded, but he did not know of a report being
written. He stated that the police officers were not properly trained on the city ordinances, and the
noise ordinance is not enforced in the city.
Mr. Don Howard appeared regarding the lack of enforcement of the fireworks, nuisance and weed
ordinances. He presented a petition and a video tape to the City Council which he stated contained
the incidents that occurred on July 4, 2001. In addition, he indicated that an officer told him
individuals can shoot fireworks at each other if it is consensual. He expressed concerns with the
way he is treated by the police officers. He requested the City Council make it illegal to start
shooting fireworks until July 1. The present ordinance states that fireworks sales and discharge
can begin June 20. Mayor Knudtson responded that the Police Department will enforce the
fireworks ordinance as written. He suggested to Mr. Howard that when he calls the Police
Department he treat the officers and employees with respect. Mr. Purcell stated that he was
pleased to see residents from the neighborhood sign their names to a petition, and suggested they
come before the Council with their concerns as a group.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SgSSIOtI June 17, 2002 376
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r. omas umn, �b�3 �aruiey, appearedJand con�rmed fhat tTie incidents on Ju�y 4,������,did � �
� occur with individuals shooting fireworks at each other, and he gave specific examples. He
I requested that the fireworks ordinance be enforced this year.
Mr. Jean LaFont appeared regarding stormwater problems on his property at the southeast corner
of Bloomfield and South Kingshighway. He explained that he gets the stormwater from a large
portion of Bloomfield Road all the way up to K's Merchandise. The ditch in front of his properly
was cleaned out;however,it is the ditch downstream near the A-framed building that runs between
Kingshighway and Commercial Street that needs to be cleaned out. He presented pictures of the
ditch. Mayor Knudtson responded that Public Works will review this matter and get back with the
Council.
Regarding the suggestion by Mr. Hopkins and Mr. White to develop a Citizens Task Force to
review the finances of the city,Mayor Knudtson explained that he has contacted Melvin Gateley to
serve as Co-Chair of the Task Force, and requested the Council Members submit names of
individuals to him that they felt would also be willing to serve. Once he receives all the names, he
will submit a list to the Council for approval. The task force will review the current status of the
city finances and make recommendations to the city council regarding future tax issues. If t�
issues are presented to the voters,the task force will develop the educational campaign that will be
needed. Matt Hopkins explained that many citizens feel that there is a tax issue on the November
ballot. That is not the case at the present time, and more than likely will not happen. Mayor
Knudtson responded that no decisions have been made at this point.
The following bills were given second and third readings.
BILL NO. 02-112 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY �
COUNCIL DECLARING IT NECESSARY TO IMPROVE,
PROVIDiNG FOR THE IMPROVEMENT, DIRECTING THE CITY
MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK,
AND PROVIDING FOR THE MANNER OF PAYMENT OF THE
WORK OF SII.VER SPRINGS ROAD FROM MISSOURI ROUTE 74
I (SHAWNEE PARKWAY) SOUTH TO MOUNT AUBURN ROAD,
FOR A DISTANCE OF APPROXIMATELY 3,950 FEET IN THE CITY
� OF CAPE GIRARDEAU, MISSOURI
i�
� BILL NO. 02-113 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY
COUNCII. DECLARING IT NECESSARY TO IlVIPROVE,
PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY
MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK,
AND PROVIDING FOR THE MANNER OF PAYMENT OF THE
WORK OF BLOOMFIELD ROAD FROM SIEMERS DRNE TO THE
ENTRANCE OF STONEBRIDGE SUBDNISION, FOR A DISTANCE
OF APPROXIMATELY 3,450 FEET 1N THE CITY OF CAPE
GIRARDEAU,MISSOURI
BILL NO. 02-114 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY
COUNCIL DECLARING IT NECESSARY TO IMPROVE,
PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY
MANAGER TO ENTER 1NT0 A CONTRACT TO DO THE WORK,
AND PROVIDING FOR THE MANNER OF PAYMENT OF THE
WORK OF SILVER SPRINGS ROAD FROM MT. AUBURN ROAD
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Reg�ilar S@SSIOII___--June 17, 2002 377
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TO KINGSHIGHWAY, FOR A DISTANCE OF APPROXIMATELY
3,800 FEET 1N THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 02-105 AN ORDINANCE AMENDING SECTION 29-302 OF THE CITY
CODE RELATING TO WATER RATES
The second and third readings of BILL NOs. 02-112, 02-113, 02-114 and 02-105 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, Ritter, White. Nays, none. BILL
NO. 02-112 is ORDINANCE NO. 3013; BII.L NO. 02-113 is ORDINANCE NO. 3014; BILL
NO. 02-114 is ORDINANCE NO. 3015; BILL NO. 02-105 is ORDINANCE NO. 3016.
BILL NO. 02-115 was given second and third readings as follows:
AN ORDINANCE ADOPTING THE ANNUAL OPERATING BUDGET FOR THE CITY OF
CAPE GIRARDEAU,MISSOURI,FOR THE FISCAL YEAR BEGINNING JULY 1, 2002
Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the second and third readings of
BILL NO. 02-115 and adopt the ordinance.
Mr. Hopkins made a motion, seconded by Mrs. Ritter, to amend the budget by requiring the sewer
and golf funds to repay the general fund as recommended by the City Revenue Team by increasing
the golf fees by five percent and increasing the sewer rates by.75 percent. Upon the request of the
Council, City Manager Michael Miller explained that many years ago the general fund loaned
money to the sewer and golf funds. The sewer and golf funds have paid interest on the loans over
the years but have never repaid the principal. This will allow the funds to repay the debt to the
general fund over a fifteen year period for approximately$37,000 per year. Following discussion,
the amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson,Purcell,Ritter, White. Nays,none.
Mr. Purcell made a motion, seconded by Mr. Herbst, that the one percent employee COLA be
eliminated from the budget until the City Council deems that the City can afford it. Mr. Purcell
explained his reasons for this motion, stating that the city is in its third year of flat sales tax
revenue, and he felt it would be irresponsible to build this amount into the budget when the record
shows that it can't be met. He commented on the cost of the one percent COLA and explained
that 2/3 of the employees will still receive a step raise on their anniversary date. Upon questioning
by the Council, Mr. Miller stated that the employees have not received a COLA for two years;
however, one of those years they received an upgrade in their retirement plan. Mrs. Ritter
commented that according to the wage and salary comparison, the city has fallen behind the
salaries of the four comparable cities. Mayor Knudtson stated that some departments have cut
budgets so other departments could get what they need, and the city has been fiscally responsible.
He expressed concerns with the message the Council would send to the employees by cutting the
COLA to save $110,000 in a $35 million budget. Mr. Purcell responded that he is also concerned
about the message the Council will send the citizens by knowingly spending the budget in the red
and then asking for a tax increase. Mr. Hopkins suggested that the Council review the status of the
budget in six months, and if the revenues are not there, then make adjustments at that time.
Following additional discussion by the Council, Mr. Purcell's amending motion failed upon the
following vote: Ayes,Purcell. Nays,Boardman,Herbst,Hopkins,Knudtson,Ritter,White.
Mrs. Ritter made a motion, seconded by Mr. Purcell, to remove the Step L salary increase on the
pay plan and give a one time payment to those at the top of the pay scale equal to 2.65 percent as
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SgSSIOtI June 17, 2002 378
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as�een cT�one m previous years so as nof to add a�ditiona�expense to fufure budgets. �Mrs.Ritter�^
explained that her intent was to give the employees at Step K some type of additional pay without
building the expense into future years' budgets. Upon the request of the Council, Finance Director
John Richbourg explained the budget impact by completing this option. Mr. Miller stated that he �
felt a professional study of the city's pay plan and pay scale should be completed in a future year.
Following additional discussion, Mrs. Ritter withdrew her motion, and Mr. Purcell withdrew his
second.
�
The original motion to approve the second and third readings of BII,L NO. 02-115 and adopt the
ordinance as amended was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Ritter,White. Nays, Purcell. BII.,L NO. 02-115 is ORDINANCE NO. 3017.
BILL NO. 02-119 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF B AND E WEST THIRD
SUBDNISION
The first reading of BII,L NO. 02-119 was approved upon Mr. Hopkins' motion, Mr. Herbst's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays,none.
BII,L NO. 02-124 was given first reading as follows:
AN ORDINANCE APPROPRIATING FUNDS FOR PUBLIC WORKS, INTERNAL
SERVICES, PUBLIC SAFETY, PARKS AND RECREATION, ADMINISTRATNE
SERVICES INTERDEPARTMENTAL, GENERAL FUND TRANSFERS, CONTINGENCY,
CAPITAL PROJECTS, DEBT SERVICE, TRANSPORTATION TRUST I AND
DEVELOPMENTAL SERVICES, IN THE CITY OF CAPE GIRARDEAU,MISSOURI
The first reading of BILL NO. 02-124 was approved upon Mr. Herbst's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays,none.
BII.,L NO. 02-120 was given first reading as follows: I
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PERMANENT ACCESS
AND UTILITIES EASEMENT TO TERRY ABBOTT AND DORINDA ABBOTT
The first reading of BILL NO. 02-120 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. 02-121 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT I
FOR THE PROVISION OF A PERMANENT ACCESS AND UTILITIES EASEMENT TO
TERRY ABBOTT AND DORINDA ABBOTT
The reading of BII,L NO. 02-121 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,Ritter,White. Nays,none. BILL NO. 02-121 is RESOLUTION NO. 1792.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI June 17, 2002 379
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BILL NO. 02-116 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH COTNER ELECTRIC CO., 1NC., FOR THE PLACEMENT OF TRAFFIC SIGNALS AT
THE INTERSECTION OF SPRIGG STREET AND NORMAL AVENUE IN THE CITY OF
CAPE GIlZARDEAU,MISSOURI
The reading of BILL NO. 02-116 was approved and the resolution adopted upon Mr. Herbst's
motion, Mrs. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson,Purcell,Ritter,White. Nays,none. BILL NO. 02-116 is RESOLUTION NO. 1793.
BILL NO. 02-117 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
FOR AUDITING SERVICES WITH BEUSSINK, HEY, ROE, SEABAUGH & STRODER,
L.L.C.
The reading of BILL NO. 02-117 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,Ritter,White. Nays,none. BILL NO. 02-117 is RESOLUTION NO. 1794.
BILL NO. 02-118 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE CAPE GIRARDEAU REDEVELOPMENT CORPORATION, FOR ADDITIONAL
DOWNTOWN IMPROVEMENT PROJECTS
The reading of BILL NO. 02-118 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, Ritter, White. Nays,none. BIL,L NO. 02-118 is RESOLUTION NO. 1795.
BILL NO. 02-123 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH LAPPE CEMENT FINISHING, INC., FOR SILVER SPRINGS ROAD PHASE III, NEW
PAVEMENT CONSTRUCTION FROM U. S. HIGHWAY 61 TO MT. AUBURN ROAD 1N
THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 02-123 was approved and the resolution adopted upon Ms. Boardman's
motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson,Purcell,Ritter, White. Nays,none. BII.,L NO. 02-123 is RESOLUTION NO. 1796.
Mr. Ronald"lke"Carlton,Mr. Sam Blackwell, and Ms. Dianne Meyr were appointed to the Public
Library Board for terms expiring June 30, 2005, upon Mr. Purcell's motion, Mr. Herbst's second,
and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White.
Nays,none.
Mr. Steve Mueller and Mr. Kent Zickfield were appointed to the Special Business District
Advisory Commission for terms expiring June 30, 2005, upon Mr. Hopkins' motion, Mr. Purcell's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays,none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI June 17, 2002 380
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Mr. George Reutzel was appointed to the Board of Examiners for a term expiring July 1, 2005,
upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman,
Herbst,Hopkins,Knudtson,Purcell,Ritter,White. Nays,none.
The change in managing officer was approved for the following liquor licenses upon Mr. White's
motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
I Knudtson,Purcell,Ritter, White. Nays,none.
; American Retail Services LLC d/b/a Wink's Stores, 1803 Independence, 2861 Themis and
2021 Perryville Road,Bobbi J. Hadley(Pike)Managing Officer
Cape Girardeau Country Club Trust d/b/a Cape Girardeau Country Club, 250 country Club
Drive,Carole S. Clayton, Managing Officer
Night Clubs Inc. d/b/a Regina House of Dolls, 805 Enterprise, Terry G. Eubanks, Managing
Officer
Sam's East Inc. d/b/a Sam's,223 Shirley, Jason Michael Lee,Managing Officer
The following liquor licenses were conditionally approved upon Mr. Purcell's motion, Mr.
Hopkins' second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell,
Ritter,White. Nays,none.
Retail Liquor by the Drink:
CNR Enterprises d/b/a Pockets,2021 Independence, Carol Jean Littge,Managing Officer
Leliva Hotel&Management d/b/a Town House Inn, 505 N. Kingshighway, John Wasikowski,
Managing Officer
Maverick Nightclub LLC d/b/a Kaos, 823 S. Kingshighway, Eric A. Haas, Managing Officer
Alfred L. McCain d/b/a Mac's Tavern, 1 S. Frederick,Alfred L. McCain,Managing Officer
Night Clubs Inc. d/b/a Regina House of Dolls, 805 Enterprise, Terry G. Eubanks, Managing
Officer
Jody Ann Omohundro d/b/a The Brothers Lounge, 2023 Independence, Jody Ann
Omohundro,Managing Officer
Robert A. Schott d/b/a Columbus Club Association, 318 S. Spanish and Grounds, Robert A.
Schott,Managing Officer
Retail Liquor by the Drink and Sunday Sales:
American Retail Stores LLC d/b/a Wink's, 2021 Perryville Rd., Bobbi J. Hadley (Pike),
Managing Officer
American Retail Stores LLC d/b/a Wink's, 1803 Independence, Bobbi J. Hadley (Pike),
Managing Officer
American Retail Stores LLC d/b/a Wink's, 2861 Themis, Bobbi J. Hadley (Pike), Managing
Officer
Cape Girardeau Country Club Trust d/b/a Cape Girardeau Country Club, 250 country Club
Drive, Carole S. Clayton, Managing Officer
Casa Mexicana Inc. d/b/a Casa Mexicana 1015 N. Kingshighway Dianne Delapaz, Managing
Officer
Jan's Wine Cellar LLC d/b/a In the Wine Cellar, 31 N. Main, Janice S. Wilkins, Managing
Officer
S. Stock LLC d/b/a Broussard's, 120 N. Main, Stephanie Stockard, Managing Officer
Delia Trejo El Torero Inc. d/b/a El Torero, 2120 William,Delia Trejo,Managing Officer I
S%Beer by the Drink and Sunday Sales:
Siebert Nine Inc. d/b/a Breaudeaux Pizza, 14555 N. Kingshighway, Richard A. Siebert,
Managing Officer
Original Package Liquor and Sunday Sales:
Sam's East d/b/a Sam's, 232 Shirley, Jason Michael Lee, Managing Officer
Proceedings of the City Council, City of Cape Girardeau, Mo.
Reg�ilar S@SSIOCI June 17, 2002 381
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Mr. Purcell made a motion, seconded by Ms. Boardman, to file the recommendation of the
Planning and Zoning Commission to deny the request of Walter and Sheila Rasmussen for a
special use permit for a group home daycare at 2740 Adeline Avenue in an R-1, single family
residential district. The motion was approved upon the following vote: Ayes, Boardman, Herbst,
Hopkins, Knudtson, Purcell, Ritter,White. Nays,none.
The improvement plans for a sanitary sewer extension to serve the Jehovah Wimess property along
Route W were approved upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote:
Ayes, Boardman,Herbst, Hopkins,Knudtson,Purcell,Ritter,White. Nays,none.
The improvement plans for a sanitary sewer extension to serve the George Webber property along
Hopper Road were approved upon Mr. Purcell's motion, Mr. Hopkins' second, and the following
vote: Ayes,Boardman,Herbst, Hopkins,Knudtson,Purcell,Ritter,White. Nays,none.
Ms. Boardman made a motion, seconded by Mr. Hopkins, to waive the liquidated damages
regarding the Biokyowa Rail Spur Extension, Phase I, CDBG No. 97-ED-14, to accept the
improvements, and to authorize final payment to AM-RAIL, Inc. The motion was approved upon
the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,
none.
The preliminary plat of Melrose Place Fifth Subdivision with the Lisa Drive Connection was
disapproved upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes,
Boardman, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Herbst abstained for
financial reasons.
The preliminary plat of Melrose Place Fifth Subdivision without the Lisa Drive Connection was
approved upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes,
Boardman, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Herbst abstained for
financial reasons.
There being no further business, the Council adjourned upon Mr. Hopkins' motion, Mr. Herbst's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays,none.
�-��
`' j;'C ,_,__��, '--�--_
�ay B. Knudtson,Mayor
�-� � � � _�
_, �%< � '�" �fi� t ;, ,:��,,:
U~ayle L., onrad, City Clerk