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Home My WebLink AboutCouncil.Minutes.09-16-2002.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Rp�nlar S@SSIOCI Sentemher 16, 2002 429 __—___._ __.�.__�_.��______�.____ _____.._.._�_.�_.___.__._.__,..__. _ __ ___.._._� __ _. __ __ .._ _ ___._...__._ . __.. � _ _ ._ ... � __. T00111195 . __ ______ _._. __.__......_ _ .__._._.. _. .. .....,_ _ _.,_ .. . ..__.._._.�.__. ,._____. ., . ...____._,__. REGULAR SESSION—SEPTEMBER 16,2002 The Cape Girardeau City Council convened in regular session on Monday, September 16, 2002, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charles Herbst, Jay Purcell, Marcia Ritter and Hugh White present. Matthew Hopkins 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 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. Herbst's motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Knudtson, Purcell, Ritter, White. Nays,none. The minutes of the September 3, 2002, regular and closed sessions were approved upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Knudtson,Purcell, Ritter, White. Nays,none. The agenda was adopted as distributed upon Mr. White's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman,Herbst,Knudtson, Purcell,Ritter,White. Nays,none. This being the date set for a public hearing regarding the necessity to make certain sewer improvements in Lateral Sewer District No. 14-K-7, including the construction of a sanitary sewer eight inches in diameter along with manholes, wyes, pavement restoration and other necessary appurtenances to serve certain properties in lateral Sewer District No. 14-K-7, Mayor Knudtson announced that there was a technical problem regarding the notice for the hearing, and the hearing will not be held at this meeting. City Manager Michael Miller explained that the ordinance setting the public hearing date did not have the correct date of the hearing, and it will be necessary to adopt another ordinance setting a correct date for the public hearing. Following discussion, Mr. Purcell made a motion, seconded by Ms. Boardman, setting a special City Council meeting for September 23 to consider an emergency ordinance declaring it necessary to make certain sewer improvements in Lateral Sewer District No. 14-K-7 and setting a public hearing date. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Knudtson, Purcell, Ritter, White. Nays,none. Ms. Julie Pastrick appeared and expressed her opposition to establishing this sewer district with four property owners in the district when only two property owners need connection to the city sewer. She stated that this project will impose a financial hardship on the two property owners who do not presently have problems with their septic systems. She stated that Ruth Ann Holdman had previously admitted to pumping sewage onto property owned by Mr. Friese, and she should be required to pump her septic system and clean up the property, or be forced to pay a daily fine. Mr. James McDonald appeared regarding the streets in Village on the Green. He requested that the city take over maintenance of all the streets in the subdivision and establish a 15 mph speed limit with no parking on the inside of the circle drive. He stated that the property owners would remove the blockade that is presently in place. Mr. Miller explained that the street is 25 years old, and city staff is not recommending to take over the street maintenance. If the property owners remove the barricade and open the street for public use, the city can enforce speed limits and parking restrictions even if the streets are not accepted for maintenance. Upon questioning by the Mayor, Mr. McDonald stated that all the property owners agreed that if the city will not accept the Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI September 16, 2002 430 _ _._ _ ___ --__----�__ _.__ _ T00111195 - v_��.....� - ----.. .__._.. .�...._ ....__ .. ... . .. .....___ . .. ..___..- -- . ._. ._. _ _. ... .. _. .._._--- --_ -_ _._ __ .. i street for maintenance but will enforce no parking and speed limits, they would be willing to If �i remove the barricade in the street and allow public use. Following discussion and pursuant to this �! �i agreement, Mr. Purcell made a motion, seconded by Mr. Herbst, directing the city staff to prepare ,; �; the appropriate ordinances for the September 23 special City Council meeting amending the speed j� i; limits and establishing no parking on the inside of the circle drive. The motion was approved �� i upon the following vote: Ayes,Boardman,Herbst,Knudtson,Purcell,Ritter,White. Nays,none. ;i ;� �� i; Mr. Herbst announced that there will be a neighborhood watch meeting on September 17 at Fort �' ;" i; Hope and another meeting on Thursday, September 19. + ,! , , ,� ;� Regarding the starling bird problem in the Jewell Street/Hillview Street area,Mr. Purcell requested j� �� that all City Council members view the problem before the next regular meeting. �� (� 1., I� i� Mayor Knudtson explained that Charles Schoen had previously appeared at a City Council I meeting regarding the extension of the hiking/biking trail to the new Central High School. City i staff has prepared a report listing three separate options for this project. This project will be ! ,j included in the Capital Improvements Program for review by the City Council. !� �j '; �; Mayor Knudtson requested the Police Chief review with the City Council the staff report presented �; ;; !� regarding criminal and drug activity in the city. Police Chief Steve Strong reviewed the report �� with the City Council and explained that there are two city police officers on the Southeast I il Missouri Drug Task Force. The department is focusing efforts on education programs in the +I �j schools. Chief Strong did not recommend any changes in present city ordinances. He did explain �i �! that in this area there is a lack of treatment for drug users. �; il i� �� Mayor Knudtson stated he recently attended several activities remembering the tragic events of i' „ ii 9/11/O1, and he commended the Police and Fire Departments for participating in many ceremonies �' ;! as well as handling their daily activities working with the fair and battling several local fires. ij ;; i; I; The following bills were given second and third readings. !� �: , �; 1; ;i BILL NO. 02-176 AN ORDINANCE AMENDING SECTION 25-77(3) OF THE CITY ±; CODE RELATING TO MULTIPLE-DWELLING UNIT SUBDNISION �` f; DESIGN STANDARDS ;� BILL NO. 02-178 AN ORDINANCE AMENDING SECTION 30-39(d)(41) OF THE CITY ;; �; CODE RELATING TO SPECIAL USE REGULATIONS FOR THE !� 'i PLACEMENT OF TEMPORARY MANUFACTURED BUSiNESS ;� �� iJNITS ;i i; i I ;' ' BILL NO. 02-173 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO �; �i ! LACROIX UNITED METHODIST CHURCHFOR PURPOSES OF ;! j� PLACEMENT OF A TEMPORARY MODULAR S1NGLE-WIDE !; �� OFFICE UNIT AT 3102 LEXINGTON AVENUE IN THE CITY AND !! �� COUNTY OF CAPE GIRARDEAU,MISSOURI ;� 1� �j i! BILL NO. 02-179 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF '� �� ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, ;j � BY CHANGING THE ZONING OF 600, 601, 610, 633, 635, 636, 637, ?f 643, 646, 656, 678, 689 AND 690 HIGHLAND DRIVE, CITY AND j; � COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-3 TO R-2 '� i I; 1{ �i ;o �� ; Proceedings of the City Council, City of Cape Girardeau, Mo. �te�alar SG'SSIOtI Sertember 16, Znn2 4�1 __..�______�_____�..___.._._..____-----��__.__.___.____ . _W .__.. ___.___ ___ .�. _. ___. _____,_.____..� _ T00111195 _ . __.. _, .._._.____ ._ ___._..__. _. .. __._ BILL NO. 02-182 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 1217, 1223, 1235, 1237, 1243, 1257 AND 1220 ROCKWOOD DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI FROM R-3 TO R-2 BILL NO. 02-180 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 1201, 1202, 1211, 1208, 1222 AND 1225 HILLCREST DRIVE AND 615 AND 621 NORTH HENDERSON AVENUE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-3 AND R-4 TO R-2 BILL NO. 02-183 AN ORDINANCE AMENDING SECTION 30-41 OF THE CITY CODE RELATING TO BILLBOARDS BILL NO. 02-174 AN ORDINANCE ACCEPTING PERMANENT SEWER EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE ARENA CREEK SANITARY SEWER PROJECT BILL NO. 02-177 AN ORDINANCE APPROVING THE RECORD PLAT OF PHYSICIANS ALLIANCE SUBDNISION T'he second and third readings of BILL NOs. 02-176, 02-178, 02-173, 02-179, 02-182, 02-180, 02-183, 02-174 and 02-177 were approved and the ordinances adopted upon Mr. Purcell's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-176 is ORDINANCE NO. 3048; BII,L NO. 02-178 is ORDINANCE NO. 3049; BILL NO. 02-173 is ORDINANCE NO. 3050; BILL NO. 02-179 is ORDINANCE NO. 3051; BILL NO. 02-182 is ORDINANCE NO. 3052; BILL NO. 02-180 is ORDINANCE NO. 3053; BII,L NO. 02-183 is ORDINANCE NO. 3054; BILL NO. 02-174 is ORDINANCE NO. 3055; BILL NO. 02-177 is ORDINANCE NO. 3056. BILL NO. 02-184 was given first reading as follows: AN ORDiNANCE APPROVING THE RECORD PLAT OF WYANDOTTE ACRES THIItD SUBDIVISION The first reading of BILL NO. 02-184 was approved upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Knudtson,Purcell, Ritter, White. Nays, none. BILL NO. 02-185 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING A STOP SIGN ON MAIN STREET AT ITS INTERSECTION WITH ROBERTS STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 02-185 was approved upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman,Herbst, Knudtson, Purcell,Ritter, White. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI September 16, 2002 432 ----- T00111195 � -� � ��y.:..�� . ._e._.._.,_. �'. BILL NO�. 02-186 was given�rst reading as follows: . _ _ ... . _ _,{ _ ;� �� i! jj AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE !; !; BY PLACING STOP SIGNS ON MA1N STREET AT ITS INTERSECTION WITH �3 ?i 1NDEPENDENCE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI �� ;'. a; The first reading of BILL NO. 02-186 was approved upon Ms. Ritter's motion, Ms. Boardman's ;� i second, and the following vote: Ayes, Boardman, Herbst, Knudtson, Purcell,Ritter, White. Nays, '' j� none. �; ;I �; �� BILL NO. 02-190 was given first reading as follows: �� i ;' AN ORDINANCE ESTABLISHING THE BOUNDARIES OF TRUNK SEWER DISTRICT NO. �i 18, IN THE CITY OF CAPE GIRARDEAU,MISSOURI ;, 1� !, ;1 The first reading of BILL NO. 02-190 was approved upon Mr. Herbst's motion, Mr. White's �; i! second, and the following vote: Ayes, Boardman, Herbst, Knudtson, Purcell, Ritter, White. Nays, �i �� none. ;� ' i; j, The sanitary sewer improvements completed under the Upper Cape LaCroix Trunk Sewer, Phase j; � N, Section II, were accepted into the city's system upon Mr. Herbst's motion, Mr. Purcell's !; �; second, and the following vote: Ayes, Boardman, Herbst, Knudtson, Purcell, Ritter, White. Nays, � �; ;, �, '� none. ;; ij ii BILL NO. 02-191 was given first reading as follows: i; !' !' �4 AN ORDINANCE AMENDING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. �j ;� !? 14-1-F-7, A SUBDNISION OF TRUNK SEWER DISTRICT NO. 14-1-F, AS ESTABLISHED !i i! BY ORDINANCE NO. 2221,IN THE CITY OF CAPE GIRARDEAU,MISSOURI �� ;; �i � The first reading of BILL NO. 02-191 was approved upon Mr. Ritter's motion, Mr. White's �' �; � ;� second, and the followin vote: A es Boardman Herbst Knudtson Purcell Ritter White. Na s ;� g Y , , , , , , Y � i " none. �' II ii ii ;� �� !i The improvement plans for Rock Creek Meadows Subdivision were approved upon Mr. Purcell's �� ; motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Knudtson, Purcell, �, ;; Ritter,White. Nays,none. !; ;a i, �i !� BILL NO. 02-192 was given first reading as follows: s; '�' i i , ;� AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A GENERAL WARRANTY ;; ;� DEED TO RETURN A PORTION OF RIGHT-OF-WAY ACQUIRED FOR THE PERRYVII.,LE ;� �! ROAD PROJECT !� f'' 'i �� The first reading of BILL NO. 02-192 was approved upon Mr. White's motion, Ms. Boardman's � } i� �� second, and the following vote: Ayes, Boardman, Herbst, Knudtson, Purcell, Ritter, White. Nays, �i �i none. i� �� i� 'i �� ; I �� ;I f' �� ;I Proceedings of the City Council, City of Cape Girardeau, Mo. ��gular S@SSIOCI SeTte.mbex 16, 2002 4'�� _� ___.�_N____..T.__..____.__.__.�------_--. ____._______�__ .._..._,_ �__.__ ..._._._____._. ._. _ _ . _ ____ ._. T00,,,,95 �-- � . . . . ...... _,_.._. . . . . _ . __.__ ..._ . .. .,.._..._. _....... BILL NO. 02-193 was given first reading as follows: AN ORDINANCE REPEALING SECTION 16-33 OF THE CITY CODE RELATING TO MOTORCYCLES SAFETY TRUST FUND The first reading of BILL NO. 02-193 was approved upon Mr. Herbst's motion, Mr. Purcell's - second, and the following vote: Ayes, Boardman, Herbst, Knudtson,Purcell, Ritter, White. Nays, none. BILL NO. 02-196 was given first reading as follows: AN ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE, SALE AND DELIVERY OF $3,200,000 PRINCIPAL AMOUNT OF SPECIAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2002, OF THE CITY OF CAPE GIRARDEAU, MISSOURI; AND APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH The first reading of BII.L NO. 02-196 was approved upon Ms. Boardman's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Knudtson, Purcell,Ritter, White. Nays, none. BII,L NO. 02-187 was presented as follows: A RESOLUTION AUTHORIZiNG THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND ALL NECESSARY GRANT DOCUMENTS WITH THE FEDERAL AVIATION ADMINISTRATION TO RECONSTRUCT T-HANGAR TAXIWAYS AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 02-187 was approved and the resolution adopted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Knudtson, Purcell,Ritter,White. Nays,none. BII,L NO. 02-187 is RESOLUTION NO. 1818. BILL NO. 02-188 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT UTILITY CONTRACT WITH DUTCH ENTERPRISES,INC. The reading of BILL NO. 02-188 was approved and the resolution adopted upon Mr. Purcell's motion,Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst,Knudtson,Purcell, Ritter,White� Nays,none. BILL NO. 02-188 is RESOI,UTION NO. 1819. BILL NO. 02-189 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A VEHICLE LOCKOUT SERVICE AGREEMENT �'VITH SPERLII�IG'S GARAGE AND WRECKER SERVICE The reading of BILL NO. 02-189 was approved and the resolution adopted upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Knudtson, Purcell, Ritter, White. Nays,none. BILL NO. 02-189 is RESOLUTION NO. 1820. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOCI September 16, 2002 434 e�_ _ - -- ---._ _,__ _. roo,,,,ss -- __..�._... _ _ __�. _ _. _____ _ _ _ _ _. _ _ ____ _ _ _..____ -- ——— fi— _._ _._. _ �._ s �� `i BILL NO. 02-194 was presented as follows: ij !' �I � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN �j ij ENGINEERING AGREEMENT WITH BOONE CONSULTING FOR LAGOON CLOSURE '; �I PLANNING AND DESIGN SERVICES ii I '! �i �i �; Mr. Herbst made a motion, seconded by Ms. Ritter, to approve the reading of BILL NO. 02-194 ;' i; �� and to adopt the resolution. Upon questioning by Ms. Ritter, Public Works Director explained the I� i; history of this project,which ties in with the detention basin project north of the city. This project �� i� is funding by the flood control capital improvement sales tax. The motion was approved upon the " '! following vote: Ayes, Boardman, Herbst, Knudtson, Purcell, Ritter, White. Nays, none. BII,L � � NO. 02-194 is RESOLUTION NO. 1821. I! ' �� ,j BILL NO. 02-195 was presented as follows: �; �� ') �� A RESOLUTION AUTHORIZING THE REFUNDING OF CERTAIN OUTSTANDING �! ;! OBLIGATIONS OF THE CAPE GIRARDEAU (MISSOURI) PUBLIC FACILITIES ,� ;' AUTHORITY AND THE CITY OF CAPE GIIZARDEAU, MISSOURI; AUTHORIZING AND '; ii APPROVING CERTAIN DOCUMENTS IN CONNECTION WITH THE REFUNDING; AND �; �� AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE REFUNDING �; il �� ;a The reading of BILL NO. 02-195 was approved and the resolution adopted upon Mr. Purcell's ii i! motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Knudtson, '.i ;i j� Purcell, White. Nays, none. Ms. Ritter abstained for financial reasons. BILL NO. 02-195 is ;� I� RESOLUTION NO. 1822. '� �; ;; ;� A retail liquor by the drink license for Rocky J. Brown d/b/a Rock's Basic Bar, 2100 Big Bend ;! i; Road, Rocky J. Brown, Managing Officer, was conditionally approved upon Mr. White's motion, !� �� Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Knudtson, Purcell, Ritter, i; '� � ;1 White. Nays,none. I I� �� Ms. Boardman made a motion, seconded by Mr. Purcell, to conditionally approve a temporary 5% �; !i beer by the drink license for the City of Roses Music Heritage Association for an event to be held ;� j! in Riverfront Park in downtown Cape Girardeau September 27-28, 2002, with the condition that ;� �i alcohol be served only until midnight on each evening of the event. The motion was approved �' ! ;� upon the following vote: Ayes,Boardman,Herbst,Knudtson,Purcell,Ritter, White. Nays,none. ;i `i ' �; The preliminary plat of Rock Creek Meadows Subdivision was approved upon Mr. Purcell's '' i` motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Knudtson, Purcell, '! �i Ritter,White. Nays,none. 4{ :I ;I ,j ;. ;! The preliminary plat of Emerald Forest was approved upon Mr. White's motion, Mr. Herbst's 'i ,� �= second, and the following vote: Ayes, Boardman, Herbst,Knudtson, Purcell, Ritter, White. Nays, ;� il none. �' i� I; if �j The improvements completed under the 2001 Sidewalk Program, Public School Zones, were ;� �� approved and final payment to Nip Kelley Equipment Company, Inc. was authorized, upon Mr. iI � Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, ;� ` Knudtson,Purcell,Ritter, White. Nays,none. ;i �I � ,E i� � �� Proceedings of the City Council, City of Cape Girardeau, Mo. �2PRn�ar S@SSIOII �entemher 16, 2002 435 ---� —_____._.____ __._�____.___e-----�_ .___.._ . _ _,__._.__..__..._ ___.. _..__..._.____._.._. .. __ _ .._. .__.__ . __ ___ _._. ._.__.__. .___ rooiiiiss There being no further business, the Council adjourned upon Mr. White's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Knudtson, Purcell, Ritter, White. Nays,none. �L�.� Jay B udtson, Mayor �--�' ,� Gayle L.' onrad, City Clerk