HomeMy WebLinkAboutCouncil.Minutes.07-01-2002.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI- _ July 1, 2002 383
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REGULAR SESSION—JULY 1,2002
The Cape Girardeau City Council convened in regular session on Monday, July 1, 2002, at 7:00
p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charles
Herbst,Matthew Hopkins, and Jay Purcell present. Marcia Ritter and Hugh White were absent.
The invocation was presented by Rev. Barry Pfanstiel, Good Shepherd Lutheran Chapel, and the
Pledge of Allegiance was recited.
Mayor Knudtson announced that Mr. White would not be attending the meeting due to a death in
the family, and Mrs. Ritter would not be attending due to the illness of her husband.
The minutes of the June 17, 2002, regular session were approved upon Mr. Hopkins' motion, Mr.
Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell.
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. Nays,none.
This being the date set for a public hearing regarding the request of Gary M. Arnold Trust for a
special use permit for a model home at 1493 Cheetah Lane in an R-1, single family residential
district, the hearing was opened. Mr. Gary Arnold appeared in support of the request and to
answer any questions. There being no further appearances,the hearing was closed.
BILL NO. 02-129 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GARY M. ARNOLD TRUST
FOR THE PURPOSE OF PLACING A RESIDENTIAL MODEL HOME AT 2493 CHEETAH
LANE,IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI
The first reading of BILL NO. 02-129 was approved upon Mr. Herbst's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell. Nays,
none.
Mr. Gary Arnold appeared in support of BILL NO. 02-135 and to answer any questions.
BILL NO. 02-135 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF BROOKSHIRE ESTATES FIFTH
SUBDNISION
The first reading of BILL NO. 02-135 was approved upon Mr. Hopkins' motion, Mr. Herbst's
second, and the following vote: Ayes, Boardman, Herbst, Hoplcins, Knudtson, Purcell. Nays,
none.
Mr. Ruth Ellen Holdman, 2309 Perryville Road, appeared regarding BILL NO. 02-97. She
requested the sewer district be approved with all four property owners in the district so that all the
owners will share in the cost of the project. If two owners are left out of the district,they would be
allowed in the future to connect to the sewer for a$750 hook-up fee.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SgSSl011 July 1,2002 384
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--Ciry-lGIanager�lC�IichaeT 1l�iIler stated he met�vv�tFi ll�r:Friese and I�Ir.�astrick; and �otfi�iave �
agreed to donate an easement for the sewer if they were not included in the sewer district. He
recommended that the sewer district be reduced to include only the McDowell and Holdman
property. This will allow the property owners to construct the project themselves and avoid the
condemnation process. Mr. Miller questioned whether the two owners have made arrangements to
have their septic tanks pumped until the sewer project is completed, because presently sewage is
flowing from the septic tanks onto the neighbor's property.
Ms. Holdman stated that the McDowells have their tank pumped approximately once a month, and
she has not pumped her tank since November of 2000 since it is only a short term solution. There
are two tanks serving her property; one is not functional and is not being used. It is not an option
to replace the tanks. She has received a citation from the County Health Department. She filed a
petition with the city for a sewer district in February of 2002.
Mr. Robert Pastrick, 2321 Perryville Road, appeared and stated his property was included in the
sewer district without him being notified. He didn't feel he should have to pay to fix someone
else's sewer problem. He and Mr. Friese are willing to allow the sewer line to go across their
property, but they do not want to have to pay for the sewer line. In addition, he stated that under
the requirements for a petition for a sewer district, a majority of the property owners is required to
sign the petition. Two of the four owners signed the petition, and this is not a majority.
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� Mr. Roger Brown appeared and explained that there used to be a ten-mile garden between Cape
and Jackson, which was removed when the four-lane highway went through. He suggested that if
� roses would be planted along the hiking/biking trail, there would once again be a "ten-mile"
' garden. The City could sell plots for areas along the trail, and the city could use this money to
maintain the garden.
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I� Mayor Knudtson announced that he signed a Proclamation declaring July ADA Awareness Month,
and all the council members are invited to a picnic for ADA Awareness on July 27 in Sikeston.
Regarding the Citizens Finance Task Force, Mayor Knudtson distributed a list of proposed
members that were received from several of the council members. He indicated that he named
Melvin Gateley and Nancy Jernigan as co-chairs of the committee. He requested the authority to
move forward with developing the committee and adding additional members. The committee will
I first develop a mission and meet with city staff and the Revenue Team. Their purpose will be to
review the financial condition of the city and to make the citizens aware of their findings. There is
no time line for the corrunittee. The Council agreed with moving forward with this task force.
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� Mayor Knudtson announced that the Vision 2020 Community Relations Council presented their
survey results to the City Council at an earlier study session. Vision 2020 reviewed the survey and
outlined the results with the City Council.
The following bills were given second and third readings.
BILL NO. 02-119 AN ORDINANCE APPROVING THE RECORD PLAT OF B AND E
WEST THIRD SUBDNISION
BILL NO. 02-124 AN ORDINANCE APPROPRIATING FUNDS FOR PUBLIC WORKS,
1NTERNAL SERVICES, PUBLIC SAFETY, PARKS AND
RECREATION, ADMINISTRATNE SERVICES 1NTERDEPART-
ENTAL, GENERAL FUND TRANSFERS, CONTINGENCY,
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOn July 1, 2002 385
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CAPITAL PROJECTS, DEBT SERVICE, TRANSPORTATION
TRUST I AND DEVELOPMENTAL SERVICES, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
BILL NO. 02-120 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
PERMANENT ACCESS AND UTILITIES EASEMENT TO TERRY
ABBOTT AND DORINDA ABBOTT
The second and third readings of BILL NOs. 02-119, 02-124 and 02-120 were approved and the
ordinances adopted upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote:
Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell. Nays, none. BILL NO. 02-119 is
ORDINANCE NO. 3018; BILL NO. 02-124 is ORDINANCE NO. 3019; BILL NO. 02-120 is
ORDINANCE NO. 3020.
BILL NO. 92-97 was given second and third readings as follows:
AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT
NO. 14-K-7, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-K, 1N THE CITY OF
CAPE GIRARDEAU,MISSOURI
Mr. Herbst made a motion, seconded by Mr. Purcell, to approve the second and third readings of
BII,L NO. 02-97 and adopt the ordinance.
Upon questioning by Mr. Purcell, Mr. Robert McDowell requested the Council approve the
ordinance as submitted with the four property owners in the sewer district.
Mr. Herbst questioned why it has taken since February to put together the sewer district. Mr.
Miller explained that the city had to develop the design of the project and has attempted to work
out the easements with the property owners.
Mr. Pastrick stated in December of 2001 he had questions regarding the sewer project and said no
to the easement at that time. He did not hear from the City until the ordinance was on the agenda
for first reading. On that day he submitted a letter to the city indicating he would donate an
easement for the sewer line if his property was not included in the sewer district. He will be
inconvenienced by the construction in his yard, and he is getting no compensation for this.
Ms. Holdman stated that if the owners build the sewer line,the owners will either have to maintain
it or give it to the city to maintain. Once the sewer line is given to the city, anyone can tap into the
line for a $750 fee. She stated that the other two property owners will probably eventually hook
into this sewer line. She questioned if the ordinance is required with four owners in the sewer
district, who will construct the project? Mr. Miller explained that the city can acquire the two
easements and the property owner can build the sewer; however, it cannot be paid over a ten year
period. Or in the alternative,the city can bid out the project,build the sewer, and assess the cost to
the property owners over a ten year period.
Ms. Sharon McDowell appeared and stated that she and her husband have incurred approximately
$3,000 in engineering costs as well as costs of continually pumping their septic tank. She stated
that she felt all four property owners should share in the cost of construction of the sewer line. Mr.
McDowell questioned whether there is a city ordinance that requires a property owner to hook up
to a city sewer if the property is within 200 feet of a city sewer.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOII July 1, 2002 386
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- -�ity-Engirieer 1GI'ark Lester indicated tfiaf tTieieis an ordinarice that requires this; �iowever,�iere �^
are also two other ordinances that conflict. Upon questioning by the Council, Mr. Miller
explained that property owners have been forced into a sewer district if they did not have an
operating septic system.
Mayor Knudtson expressed concerns with voting on this ordinance at this time. He stated that all
four parties need to commit to meet and discuss this issue.
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� Following additional discussion by the City Council, Mr. Purcell made a motion, seconded by Ms.
I Boardman, to table approval of BILL NO. 02-97. The motion to table was approved upon the
following vote: Ayes, Boardman, Herbst,Hopkins,Knudtson, Purcell. Nays,none.
BILL NO. 02-126 was given first reading as follows:
AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, PERMANENT
EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM SHELTER
MUTUAL INSURANCE COMPANY, DRURY PROPERTIES, INC., DSW DEVELOPMENT
CORPORATION, AND ZIMMER PROPERTIES, L.L.C., FOR THE WIDENING OF MT.
AUBURN ROAD BETWEEN INDEPENDENCE STREET AND WILLIAM STREET AND
THE IMPROVEMENT OF THE MT. AUBURN ROAD/INDEPENDENCE STREET
INTERSECTION
The first reading of BILL NO. 02-126 was approved upon Mr. Herbst's motion, Mr. Purcell's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell. Nays,
none.
� Ms. Boardman made a motion, seconded by Mr. Hopkins, to declare BILL NO. 02-130 an
emergency measure and to give the ordinance three readings. The motion was approved upon the
ifollowing vote: Ayes,Boardman,Herbst, Hopkins,Knudtson,Purcell. Nays,none.
BII.,L NO. 02-130 was given first, second and third readings as follows:
AN ORDINANCE AMENDING SECTION 29-63(b) OF THE CITY CODE RELATING TO
I SEWER SERVICE CHARGES
� Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the first, second and third
readings of BILL NO. 02-130 and adopt the ordinance. The motion failed upon the following
vote: Ayes,Boardman, Herbst, Hopkins,Knudtson. Nays,Purcell.
BII.L NO. 02-131 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE
BY ESTABLISHING HANDICAP PARKING ON SOUTH ELLIS STREET IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
The first reading of BII,L NO. 02-131 was approved upon Mr. Herbst's motion, Ms. Boardman's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell. Nays,
none.
BILL NO. 02-133 was given first reading as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI July 1, 2002 387
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AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE MT. AUBURN ROAD
EXTENSION FROM BLOOMFIELD ROAD TO MISSOURI ROUTE 74, IN THE CITY OF
CAPE GIlZARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX
BII.,LS THEREFOR
The first reading of BILL NO. 02-133 was approved upon Mr. Herbst's motion, Mr. Purcell's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell. Nays,
none.
BILL NO. 02-134 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE OF
PREMISES WITH THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION
FOR THE RIGHT-OF-WAY ON HIGHWAY 61 IN FRONT OF THE PUBLIC WORKS
BUILDING
The first reading of BILL NO. 02-134 was approved upon Mr. Hopkins' motion, Ms. Boardman's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell. Nays,
none.
BII,L NO. 02-136 was given first reading as follows:
AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, A QUIT CLAIM DEED,
PERMANENT DRAINAGE EASEMENTS, A PERMANENT STORM SEWER EASEMENT,
A PERMANENT DETENTION EASEMENT, A PERMANENT WATERLINE AND
UTILITIES EASEMENT AND TEMPORARY CONSTRUCTIN EASEMENTS FROM THE
CAPE GIRARDEAU SCHOOL DISTRICT NO. 63, E &R LEASING COMPANY, THE EARL
H. NORMAN REVOCABLE LN1NG TRUST OF DECEMBER 4, 1987, AND MIDAMERICA
HOTELS CORPORATION FOR THE IMPROVEMENT OF SILVER SPRINGS ROAD
BETWEEN MT. AUBURN ROAD AND KINGSHIGHWAY
The first reading of BILL NO. 02-136 was approved upon Mr. Herbst's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell. Nays,
none.
BILL NO. 02-127 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A T-HANGAR
RENTAL AGREEMENT WITH GENE BROCKETT
The reading of BILL NO. 02-127 was approved and the resolution adopted upon Mr. Herbst's
motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson,Purcell. Nays,none. BILL NO. 02-127 is RESOLUTION NO. 1797.
BII,L NO. 02-128 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AVIATION
FUELS CONTRACT AND REFUELER LEASE AGREEMENT WITH EASTERN AVIATION
FUELS, LLC.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SgSSl011 July 1, 2002 388
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e rea mg o L . - was approve3 ana t�e reso uhon a opte�upo�- n�Gli. op ms
motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell. Nays,none. BILL NO. 02-128 is RESOLUTION NO. 1798.
BILL NO. 02-137 was presented as follows:
A RESOLUTION AMENDING RESOLUTION NO. 1786 IN ORDER TO RESCHEDULE A
PUBLIC HEARING REGARDING A PROPOSED ANNEXATION
The reading of BILL NO. 02-137 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson,Purcell. Nays,none. BILL NO. 02-137 is RESOLUTION NO. 1799.
BILL NO. 02-138 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH COLUMBIA CONSTRUCTION CORP. FOR THE AIRCRAFT HANGAR
MANUFACTURING FACILITY PHASE II CONSTRUCTION AT THE CAPE GIRARDEAU
REGIONAL AIItPORT
The reading of BILL NO. 02-138 was approved and the resolution adopted upon Mr. Herbst's ,
motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson,Purcell. Nays,none. BILL NO. 02-138 is RESOLUTION NO. 1800.
A retail liquor by the drink license was conditionally renewed and the change in managing officer
was approved for McGroarty's, Inc. d/b/a Jeremiah's, 127 North Water, Donald M. Ganim II,
Managing Officer.
The water main improvements to the Jefferson Street area water system were accepted and final
payment to Monroe Plumbing and Heating, Inc. was authorized upon Ms. Boardman's motion,
Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,
Purcell. Nays,none.
Mr. Herbst made a motion, seconded by Mr. Hopkins' to amend the City's Special Assessment
Procedures for Street Projects by including the term "alley" as set out in•the Council agenda
materials. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson,Purcell. Nays,none.
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. Nays,
none.
Jay B udtson,Mayor
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Gayle L: . onrad, City Clerk