HomeMy WebLinkAboutCouncil.Minutes.08-05-2002.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
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REGULAR SESSION—AUGUST 5,2002
The Cape Girardeau City Council convened in regular session on Monday, August 5, 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 Mr. White, and the Pledge of Allegiance was recited.
Prior to the regular session,the City Council convened in closed session for purposes of discussing
litigation, property acquisition, and privileged communications with the City Attorney pursuant to
Sections 610.021(1) and (2) of the Revised Statutes of Missouri, upon Mr. Hopkins' motion, Mr.
Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell,
Ritter,White. Nays,none.
The minutes of the July 15, 2002, regular and closed sessions were approved upon Mr. White'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, Mr. Herbst's second, and the
following vote: Ayes, Boardman,Herbst,Hopkins,Knudtson,Purcell,Ritter, White. Nays,none.
This being the date set for a public hearing regarding 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 hearing was opened. Ms. Rasmussen appeared and stated she has applied
for a group home daycare license for up to 20 children in her home. Mr. Hopkins explained that to
have a daycare with more than 10 children, the property must be rezoned. Following discussion,
City Manager Michael Miller stated that the recommendation of the Planning and Zoning
Commissicn was based on increased traffic and the inconsistency with the neighborhood. There
being no further appearances,the hearing was closed.
BILL NO. 02-150 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO WALTER RASMUSSEN AND
SHEILA RASMUSSEN FOR PURPOSES OF OPENING, MAINTAINING AND OPERATING
A GROUP HOME DAYCARE AT 2740 ADELINE LANE 1N THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
Ms. Ritter made a motion, seconded by Mr. Purcell, to approve the first reading of BILL NO. 02-
150. Ms. Ritter stated that she did not feel there would be a traffic problem if the number of
children were limited to ten or less. Following discussion by the Council Ms. Ritter made a
motion, seconded by Mr. Hopkins, to amend the special use pernut to limit the number of children
in the daycare to ten or less. Mr. White expressed concerns with approving this special use permit
without considering the recommendation of the Planning and Zoning Commission. The amending
motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,
Purcell, Ritter. Nays, White. The original motion was approved as amended upon the following
vote: Ayes, Boardman, Herbst,Hopkins, Knudtson,Purcell,Ritter. Nays, White.
This being the date set for a public hearing regarding the request of Jerry and Kathryn Westbrook
for nomination of the Edward H. Engelmann House at 504 Bellevue for an Historic Landmark
zoning classification, the hearing was opened. Mr. Jerry Westbrook appeared in support of the
request and to answer any questions. Mrs. Ritter recognized Mr. Westbrook for the renovation
Proceedings of the City Council, City of Cape Girardeau, Mo.
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• work he and his wife have done on this home. There being no further appearances, the hearing
was closed.
BILL NO. 02-151 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, BY DESIGNATING THE EDWARD H.
ENGELMANN HOUSE, 504 BELLEVLIE, CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI AS AN"HISTORIC LANDMARK"
The first reading of BILL NO. 02-151 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.
This being the date set for a public hearing regarding the property tax rates proposed to be set by
the City of Cape Girardeau for the fiscal year beginning July 1, 2002, and the real property tax rate
proposed to be set for the Special Business District No. 2 for the fiscal year beginning July 1,
2002, the hearing was opened. Mr. Don Howard appeared and questioned whether this would
� raise his taxes. Mayor Knudtson explained that it would not. There being no further appearances,
the hearing was closed.
� BII.,L NO. 02-155 was given first reading as follows:
AN ORDINANCE PROVIDiNG FOR THE LEVYING OF THE ANNUAL CITY REVENUE
TAX; LIBRARY FUND TAX; PUBLIC HEALTH TAX; DEBT SERVICE FUND TAX;
SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE
30TH DAY OF JUNE, 2003
The first reading of BILL NO. 02-155 was approved upon Mr. Hopkins' motion, Ms. Boardman's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays,none.
Mr. Robert Pastrick, 2321 Perryville Road, appeared and reviewed the history of the sewer
problems in the 2300 block of Perryville Road. He stated he was told that if he would provide an
� easement for the sewer, the city would not include his property in the sewer district. He verbally
agreed to provide an easement and later provided a letter of intent; however, his property is still
proposed to be in the district. He stated he felt that granting an easement was sufficient for him to
� hook onto the city sewer line at a later date. He and Mr. Friese do not need a sewer at this time,
� and they do not feel they should pay for someone else's need.
Ms. Ruth Ann Holdman, 2303 Perryville Road, appeared and stated she and Mr. McDowell need
sewers now. Not everyone in that area needs a sewer at the present time; however, the City
Council needs to look at the benefit to the entire city.
� Mr. Purcell expressed concerns that if all four property owners are included in the district,this will
� prolong the completion of the sewers. He questioned whether or not the property owners would be
willing to take measures to mitigate the problems with their septic tanks until the sewer project is
completed.
Proceedings of the City Council, City of Cape Girardeau, Mo.
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Mr. John Heckrotte appeared and stated there are communication problems between the city and
the taxpayers. The Channel 5 public access channel is not being used properly, and meeting
notices need to be posted on the channel three days in advance of the meeting. In addition, all
meeting notices need to be posted on the internet. He expressed concems that the TIF
Commission meeting was canceled for a third time, and he reviewed concerns he had with the TIF
project. He stated the city should not provide fire plugs and valves to contractors, including the
ones needed for the TIF project.
Mayor Knudtson responded it has always been the practice of the city to provide fire plugs and
valves to contractors. The TIF Commission meetings have been canceled due to the fact that the
Commission has not received all the information needed to review the project.
Mr. Purcell stated that the Public Information Advisory Board will review Mr. Hecla-otte's
suggestion to place public meeting notices on public access Channel5.
Mr. Jerry Westbrook appeared and commended the city's Water Department employees. On
August 2 he had a water leak at his house late in the afternoon. A Water Department supervisor
and three employees responded and worked until 9:00 p.m., completing the repair with very little
damage to his property. He presented a letter of commendation to the City Manager. Mayor
Knudtson stated that Public Works Director poug Leslie leads the Water Department, and thanked
him for the work completed by the employees.
Mr. Don Howard appeared and explained a problem he had with a neighbor's dog on Sunday.
The animal control officer declared it was not a vicious dog; however, he feels it needs to be
placed in a pen or removed. He felt the city needs to do a better job enforcing the city ordinances.
Mayor Knudtson reported that the Citizens Finance Task Force has been meeting regularly. They
will hold a special study session on Tuesday, August 13, with the Revenue Team and department
heads to review the available options. Although few citizens attended the town hall meetings, the
members of the task force are dedicated and have given their time on behalf of the city.
The following bills were given second and third readings.
BILL NO. 02-132 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, TO EXECUTE AN AGREEMENT
ON BEHALF OF THE CITY WITH THE MISSOURI DEPARTMENT
OF TRANSPORTATION FOR A GRANT TO FUND A GENERAL
PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER
CHAPTER 53 (5311)OF TITLE 49,LTNITED STATES CODE
BILL NO. 02-122 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH KELLEY TRANSPORTATION CO.,
INC., FOR THE SUBSIDIZED TRANSPORTATION COUPON
SERVICES
BILL NO. 02-143 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED
AND A TEMPORARY CONSTRUCTION EASEMENT FROM
DRURY SOUTHWEST, INC. FOR THE IMPROVEMENT OF SILVER
SPRINGS ROAD BETWEEN MT. AUBURN ROAD AND
KINGSHIGHWAY
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, BILL NO. 02-144 AN ORDINANCE AUTHORIZING THE ACQUISITION OFf
� PROPERTY FOR THE ARENA CREEK SANITARY SEWER
� IMPROVEMENT PROJECT
�
BII.L NO. 02-145 AN ORDINANCE APPROVING THE RECORD PLAT OF DKR gTx
SUBDIVISION
The second and third readings of BILL NOs. 02-132, 02-122, 02-143, 02-144 and 02-145 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.
BILL NO. 02-132 is ORDINANCE NO. 3028; BII,L NO. 02-122 is ORDINANCE NO. 3029;
BILL NO. 02-143 is ORDINANCE NO. 3030; BILL NO. 02-144 is ORDINANCE NO. 3031;
BILL NO. 02-145 is ORDINANCE NO. 3032.
BILL NO. 02-147 was given second and third readings as follows:
AN ORDINANCE AMENDING SECTION 29-63(b) OF THE CITY CODE RELATING TO
SEWER SERVICE CHARGES
The second and third readings of BILL NO. 02-147 were approved and the ordinance adopted
upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman,
� Herbst, Hopkins, Knudtson, Ritter, White. Nays, Purcell. BILL NO. 02-147 is ORDINANCE
NO. 3033
I
BILL NO. 02-97 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, IN THE CITY OF
CAPE GIRARDEAU,MISSOURI
Mr. White made a motion, seconded by Mr. Herbst, to approve the second and third readings of
BILL NO. 02-97 and adopt the ordinance. Mr. White made an amending motion, seconded by Mr.
Purcell,to provide a waiver of the $750 sewer connection fee for 2321 and 2315 Perryville Road.
Mr. White explained that these two properties do not need or want the sewer project at the present
� time, and this waiver may provide some consolation to them since the other two properties do need
� the sewer district. Mr. Herbst stated the city needs to identify all the septic tanks that are located
in the city and develop a comprehensive plan to remove the septic tanks. Mayor Knudtson
explained that initially Ms. Holdman and Mr. McDowell agreed that if Mr. Friese and Mr. Pastrick
would provide a sewer easement, they would be agreeable to removing them from the district. He
stated he could not support this amendment, but he would support an amendment removing the
Friese and Pastrick properties from the sewer district. Mr. Purcell commented that many city
ordinances relating to septic tanks and sewer districts conflict, and these need to be reviewed.
Upon questioning by Ms. Ritter, Mayor Knudtson explained that the health code violations are
governed by another governmental body. Following discussion, the amending motion was
approved upon the following roll call vote: Knudtson, nay; Purcell, aye; Ritter, aye; White, aye;
Boardman, nay; Herbst, nay; Hopkins, aye. The original motion was approved as amended upon
the following vote: Purcell, aye; Ritter, nay; White, aye; Boardman, nay; Herbst, aye; Hopkins,
aye; Knudtson, aye. BILL NO. 02-97 is ORDINANCE NO. 3034.
Proceedings of the City Council, City of Cape Girardeau, Mo.
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BILL NO. 02-148 was given first reading as follows:
AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI,
UPON THE REQUEST OF PRESTWICK HOLDING,L.L.C.
The first reading of BILL NO. 02-148 was approved upon Mr. Hopkins' motion, Mr. Herbst's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays,none.
BILL NO. 02-149 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE ARENA
CREEK SANITARY SEWER IMPROVEMENT PROJECT
The first reading of BILL NO. 02-149 was approved upon Mr. Herbst's motion, Mr. Purcell's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays,none.
BILL NO. 02-125 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CAPE GIRARDEAU CHAMBER OF COMMERCE, INC., AND THE CITY
OF CAPE GIRARDEAU, MISSOURI, FOR THE OPERATION OF THE CONVENTION AND
VISITORS BUREAU
Mr. White made a motion, seconded by Mr. Hopkins, to approve the reading of BILL NO. 02-125
and adopt the resolution.
Mr. Purcell made a motion, seconded by Mr. Hopkins, to change the last sentence of subparagraph
F of Article I of the proposed Agreement to read as follows: "One (1) representative of the City
Council shall be an ex-officio member of this Committee." The amending motion was approved
upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White.
Nays,none.
In addition Ms. Ritter made a motion, seconded by Mr. Hopkins to additionally require under
subparagraph F of Article I that one member of the City Council be appointed as an ex-officio
member of the Cape Girardeau Chamber of Commerce Board of Directors. Mayor Knudtson
explained that John Mehner was confident the Board of Directors would agree with this, and if
they do not, then the matter will be brought back to the City Council. 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. Hopkins, to make the following amendments to the
proposed Agreement with the Chamber:
(1) Following the word "process"in the seventh line of Article III, the following sentences would
be added: "Any administrative expenses must be included in the proposed Annual Budget. The
total charge for administrative expenses may not exceed ten (10) percent of the proposed Annual
Budget including those administrative expenses."
(2) The sentence in the center of Article III which currently states "City shall pay to Chamber one-
twelfth (1/12) of the approved Annual Budget on or before the tenth (10) day of each month for
which services are to be rendered" shall be deleted, and a new sentence shall be added to read as
Proceedings of the City Council, City of Cape Girardeau, Mo.
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follows: "City shall pay to Chamber one-fourth(1%4) of the approved Annual Budget on or before��
the tenth(10) day of July, October, January and April for each quarter for which services are to be
rendered."
(3) In the fourth line of Article VI, the word"semi-annual" shall be added immediately preceding
the words "performance review."
(4) After the word "City" in the tenth line of Article VII, the following sentence shall be added:
"Any changes regarding the building and parking areas which may be used by the Chamber under
this Agreement must be specifically agreed upon in writing by the parties."
Ms. Ritter expressed concerns with building in an increase in the administrative costs in the annual
budget. She would be more comfortable annually discussing an increase in the total budget and
not just the administrative costs. Following additional discussion, the amending motion was
approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none. The original motion was approved as amended upon the following vote:
Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, White. Nays, Ritter. BILL NO. 02-125 is
RESOLUTION NO. 1806.
BII,L NO. 02-152 was presented as follows:
A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION AND
SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION
The reading of BII,L NO. 02-152 was approved and the resolution adopted upon Mr. Herbst's
motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell,Ritter, White. Nays,none. BILL NO. 02-152 is RESOLUTION NO. 1807.
BILL NO. 02-153 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF
LIEN FOR THE COMMUNITY BLOCK GRANT PROGRAM
The reading of BII,L NO. 02-153 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. BILL NO. 02-153 is RESOLUTION NO. 1808.
BILL NO. 02-154 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION
CONTRACT WITH NIP KELLEY EQUIPMENT CO., 1NC.
The reading of BII,L NO. 02-154 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. 02-154 is RESOLUTION NO. 1809.
BII.,L NO. 02-156 was presented as follows:
� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
DEVELOPMENT AGREEMENT WITH DSW DEVELOPMENT CORPORATION AND
DRURY SOUTHWEST, INC. FOR THE DONATION OF RIGHT-OF-WAY AND THE
CONSTRUCTION OF 1NDEPENDENCE STREET BETWEEN MT. AUBURN ROAD AND
FARRAR DRIVE 1N THE CITY OF CAPE GIRARDEAU,MISSOURI
�
Proceedings of the City Council, City of Cape Girardeau, Mo.
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The reading of BILL NO. 02-156 was approved and the resolution adopted upon Nir. White's
motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell,Ritter, White. Nays,none. BILL NO. 02-156 is RESOLUTION NO. 1810.
BILL NO. 02-157 was presented as follows:
' A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI AUTHORIZING
APPLICATION TO THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE
1NNOVATIVE FINANCE PROGRAM AND AUTHORIZING EXECUTION OF ALL
NECESSARY FUNDING DOCUMENTS
The reading of BILL NO. 02-157 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. BILL NO. 02-157 is RESOLUTION NO. 1811.
Ms. Shirley Patterson was appointed to the Vision 2020 Community Relations Council for a term
expiring December 31, 2004, upon Mr. Hopkins' motion, Ms. Boardman'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 conditionally approve a retail liquor
by the drink license for McDonald and McDonald Investments LLC, d/b/a The White House
Sports Bar, 820 N. Sprigg Suite 6, Bobby McDonald, Managing Officer. Mr. Randy Reed
appeared and stated he owns the house at 640 Mason Street and is opposed to granting this liquor
license. His house is within 200 feet of the proposed establishment, and he has filed a written
objection as required by Section 5-16 of the City Code. He expressed concerns with traffic, noise
and trash that would be generated from this establishment, as well as the location of the access to
the parking lot. Mr. Bobby McDonald appeared and explained that he is the developer of this
strip mall. If the liquor license is not approved,he will be obtain a private club liquor license from
the state. He explained the history of his attempt to acquire Mr. Reed's property. He will have the
employees clean the parking lot each night, and he can change the access driveway if that is
necessary. In addition, he had planned to place a stairway on both ends of the building to lead
from the front parking lot to the rear parking lot; however, if this will create too much noise for the
resident,he would be willing to eliminate one stairway. He stated he has an option to purchase the
three acres of land behind this property, and he intends to develop this area for parking and would
donate the remainder to the University for a parking lot for them in the future. Upon questioning
by Mr. Herbst, Mr. Cunningham explained that the City Council can place some conditions on the
issuance of a liquor license. Mr. Purcell made an amending motion, seconded by Mr. Hopkins, to
place a condition on this liquor license to remove the driveway access from Mason Street to this
parking lot. Following discussion by the council regarding future development, Mr. Purcell
withdrew his motion, and Mr. Hopkins withdrew his second. Mr. Purcell made a motion,
seconded by Mr. Herbst to table approval of this liquor license to the August 19 agenda. The
motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,
Purcell, Ritter, White. Nays, none. Mayor Knudtson requested City staff review the location of
this establishment and present suggestions to the Council at the next meeting.
The improvement of New Madrid Street from Perry Avenue to Henderson Avenue was accepted,
and final payment to Tom Beussink Excavating, Inc. was authorized, upon Mr. Herbst's motion,
Ms. Boardman'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@SSIO11 August 5, 2002 404
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An out-of-district sewer connection was granted to Mr. and 1VIrs. Carl Murray at 155 Cougar Run,
connecting to Sewer District 16A, upon Mr. White's motion, Mr. Hopkins' second ,and the
following vote: Ayes, Boardman, Herbst,Hopkins,Knudtson,Purcell,Ritter,White. Nays,none.
IT'here being no further business, the Council adjourned upon Mr. White's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays,none.
�
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�' Jay B udtson, Mayor
�-
. �P,_�"_:,��� / f. '�;,�_��
Gayle L. �bnrad, City Clerk
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