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Home My WebLink AboutCouncil.Minutes.10-07-2002.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular S@SSIOCI nctnher 7, 2002 441 _ _ _. ._ ___._.�___._.____��________...�__-_--.-- __._..T_._._. .. .__ ..___.__ _. __._ .. _ _____ _�._. ..__.� __..._---__.... T00111195 - - .. _ _.... . .. .... .....__.._---........._._.._ ..--'------_-._�_.___. ..._..._ _.._ REGULAR SESSION—OCTOBER 7, 2002 The Cape Girardeau City Council convened in regular session on Monday, October 7, 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 Council Member Hugh White, and the Pledge of Allegiance was led by VFW Boy Scout Troop 5. Prior to the regular session,the City Council convened in closed session for purposes of discussing litigation, property acquisition, personnel matters and privileged communications with the City Attorney pursuant to Sections 610.021(1) (2) and (3) 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 September 16, 2002, regular and closed sessions and September 23, 2002, special session were approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes,Boardman, Herbst,Hopkins,Knudtson,Purcell, Ritter,White. Nays,none. The agenda was adopted as distributed upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayar Knudtson recognized the Fire and Police Departments for receiving the Chamber of Commerce Commitment to Excellence Award at the annual Industrial Appreciation Dinner. 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, the hearing was opened. Ms. Julie Pastrick appeared in opposition to the district. She stated she was told it was a waste of time to appear before the Council because they did not care. In May she was told by Engineering if she donated an easement for the sewer, her property would not be included in the district. She sent a letter stating her intent to donate the easement after the first reading of the ordinance establishing the district, and in August the Council voted to include the Pastrick property in the district. The City Manager and City Engineer stated this matter could be resolved; however, the Council said otherwise, and her conversations with the City were divulged to her neighbors. Ms. Pastrick stated the Council has the power of the people to do what is right for all the parties involved. She added that she was tired of talking with the Council on this matter when they did not care. She thanked Ms. Boardman, Mr. Herbst and the Mayor for listening to her comments. Mayor Knudtson responded that the Council does care about this matter, and he was , disappointed in her comments. There being no further appearances,the hearing was closed. This being the date set for a public hearing regarding the request of Aaron's Properties, LLC to rezone 2031 Cape LaCroix Road (Lots 5, 6, and 7 of Route W Commercial Center) from R-1, single family residential district (zoning classification upon annexation) to G1, local commercial district,the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 02-201 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOn October 7, 2002 442 �.. _ -------_._.. _____ . T00111195 �- -----�- . . - .. .. _ . _ ___._.� _._... ._ �; AN ORDINANCE ANNEXING LAND TO THE CITY OF�CAPE GIRARDEAU, MISSOURI, ` �; UPON THE REQUEST OF AARON'S PROPERTIES, L.L.C. �( � �� The first reading of BILL NO. 02-201 was approved upon Mr. White's motion, Mr. Purcell's i! ;i second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, �` ;; �i " White. Nays,none. � �; ; li �: ji BII,L NO. 02-208 was given first reading as follows: i� I; " a; ++� AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE j� !� CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 2031 CAPE �j LACROIX ROAD, BEING LOTS 5, 6 AND 7 OF ROUTE W COMMERCIAL CENTER, CITY ; �j AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO C-1 �� The first reading of BILL NO. 02-208 was approved upon Mr. Herbst's motion, Ms. Boardman's ; �' I �� second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. ;: � j� This being the date set for a public hearing regarding the request of Jacquelyn J. Duncan, Lindy �; ;; Brumbaugh, and Birthright of Cape Girardeau, Inc. to rezone 2633 Hopper Road from R-1, single �{ !; family residential district, to G1, local commercial district, the hearing was opened. There being �j (j no appearances,the hearing was closed. �j i; ii BILL NO. 02-205 was given first reading as follows: � �i ;, �� !; AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE ;� �� CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 2633 �' i; HOPPER ROAD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO •� li c-i ,1 ;� ,; � �, i; The first reading of BILL NO. 02-205 was approved upon Ms. Ritter's motion, Mr. Herbst's �; i3second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, �� ' White. Nays,none. '� �` II ;: � ;; �� This being the date set for a public hearing regarding the request of David and Patsy Alexander for `! ?; ;; a special use permit for a dog grooming business at 705 Broadway in a C-3, central business i! dish-ict,the hearing was opened. There being no appearances,the hearing was closed. � �': �� BILL NO. 02-206 was given first reading as follows: � I� i; �j AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DAVID ALEXANDER AND � i PATSY ALEXANDER FOR PURPOSES OF OPENING, MAINTAINING AND OPERATING Ii i� A DOG GROOMING BUSINESS AT 705 BROADWAY, IN THE CITY AND COUNTY OF jl �� CAPE GIRARDEAU,MISSOURI �i �� The first reading of BILL NO. 02-206 was approved upon Mr. Purcell's motion, Mr. White's �� !� second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, � ! White. Nays,none. �� I �� ! �� I �( , Proceedings of the City Council, City of Cape Girardeau, Mo. Reu�ilar S2SSIOCI October 7, 2002 4� ____._.__ �.�___ �.__�__.____------�_.__ __._�. _._.__.._._.. . _.__�.__..__._ , _ ._.�__ ___._.__ ___,____..__. .._. . T00111195 .... __....._._, _ .._ __�..,��-_� ��. .__._....___..�_,_.�..�...__..�_...._._._.,__.._ ._.._---.._ .. _______._.,..__.._._...___......__. . .. ...__..._._...__.. _.._ .__....__. . ... _....__ ..._.. ...__...._.. .._e ,___.__ .___.... This being the date set for a public hearing regarding the request of Terry William McDowell and Kim Kurka McDowell to rezone 141 South Louisiana Avenue from R-2, single family residential district, to R-3, two-family residential district, and for a special use permit for a bed and breakfast at that location,the hearing was opened. There being no appearances,the hearing was closed. BILL NO. 02-209 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGiNG THE ZONING OF 141 SOUTH LOUISIANA AVENUE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-2 TO R-3 The first reading of BILL NO. 02-209 was approved upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, White. Nays,none. Mr. Purcell abstained for financial reasons. BILL NO. 02-210 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO TERRY WII.,LIAM McDOWELL AND KIM KURKA McDOWELL FOR PURPOSES OF OPENING, MAINTAINING AND OPERATING A BED AND BREAKFAST AT 141 SOUTH LOUISIANA AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 02-210 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, White. Nays,none. Mr. Purcell abstained for financial reasons. This being the date set for a public hearing regarding the request of William Bird, Sr. and Rosemary Bird and Athisha Booker for a special use permit for a child care center at 825 South Ellis Street in an R-3, two family residential district, the hearing was opened. There being no appearances,the hearing was closed. BILL NO. 02-211 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO WII,LIAM BIRD, SR., ROSEMARY BIRD AND ATHISHA BOOKER FOR PURPOSES OF OPENING, MAINTAINING AND OPERATING A CHILD CARE FACILITY AT 825 SOUTH ELLIS STREET IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 02-211 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 to consider vacating the city's interest in a 15' wide alley, 160' in length running east/west between Perry Avenue and the north/south alley between New Madrid Street and Dunklin Street, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 02-221 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOt1 October 7, 2002 444 - - . _ . _ _.___ .__._----- -__ _ T00111195 � .. ...___ . ... _ -- �--_ . .. _ ___.__ ; AN ORDINANCE VACATING AN ALLEY RUNNING EAST AND WEST BETWEEN ; ;i PERRY AVENUE AND THE NORTH/SOUTH ALLEY BETWEEN NEW MADRID STREET � (; AND DUNKLIN STREET 1N THE CITY OF CAPE GIRARDEAU, MISSOURI � II �I �; The first reading of BILL NO. 02-221 was approved upon Mr. Purcell's motion, Mr. Herbst's i; !' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, {'' � , {; White. Nays,none. i1 y �; 1i li 11 Mr. Jerry Ford of the River Campus Board of Managers appeared and stated that Dr. Stanley �� ` Grand, Director of the River Campus Museum, will present a progress report on the regional �` � museum. He introduced the members of the River Campus Board present at the meeting. i Dr. Stanley Grand, Assistant Professor of Art at Southeast Missouri State University, stated that � the University received a $2.6 million grant from the Federal Government, through � Congresswoman Emerson, to plan the new River Campus Museum. The University has �� accomplished a master plan, functionability plan, and exhibition plan for the museum. The � �! Exhibition Plan includes a theater, changing exhibition and permanent exhibition. The five �i general areas of the permanent exhibit are geologic foundations, first voices and peoples, events in ;� �; the 19"' Century, political and economic factors, and 20"' Century concerns. The River Campus �I jBoard of Managers has endorsed this recommendation. Mayor Knudtson expressed his f+ ! appreciation for the Board's commitment to the project. He indicated he will be requesting a joint !i �, I: meeting between the City Council and River Campus Board of Managers. �i !; ,� �� i ! Mr. James McDonald appeared on behalf of the property owners in Village on the Green. He !; ,: �� assured the City Council that the barricades in the street would be removed when the ordinance �� was approved and the signs were in place. �i i� �i j! BILL NO. 02-198 was given second and third readings as follows: !� I� i� ' AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, ji !� REPEALING CERTAIN SPEED LIMITS ON VILLAGE DRIVE AND ESTABLISHING NEW �E �i SPEED LIMITS ON VILLAGE DRIVE, IN THE CITY OF CAPE GIRARDEAU,MISSOURI {� �` � �� The second and third readings of BILL NO. 02-198 were approved and the ordinance adopted �� ! upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, i� �; Hopkins,Knudtson, Purcell, Ritter, White. Nays,none. ;� a, �; j i '� BII,L NO. 02-199 was given second and third readings as follows: �; ,; ;; il '� AN ORDiNANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, '� � REPEALING CERTAIN NO PARKING ON VILLAGE DRNE AND ESTABLISHING NEW !g 1� �! � NO PARKING ON VILLAGE DRIVE, IN THE CITY OF CAPE GIRARDEAU,MISSOURI ,I� ! '! `� The second and third readings of BILL NO. 02-199 were approved and the ordinance adopted ;� �I upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, �I " Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. i� il �' �� Mr. Randy Reed questioned the proposed ordinance prohibiting parking on Mason Street. Police �� Chief Steve Strong explained the ordinance will prohibit parking in the 600 block of Mason from �� Sprigg Street east to the cul-de-sac at the curve. It does not include the two properties at the end of the street. i ! Proceedings of the City Council, City of Cape Girardeau, Mo. I�P.aU1RY' S2SSIOCI nctnher 7, 2002 445 � ��_�_.��_��_�. __�_..__a�_.�.__�.._ __� _._.__..._ _..._..�. __..__. _ ._�__.....___.. �_____._.--.- _._______ _._.__... .._.__ _ __. . .. T00111195 Mr. Reed again appeared regarding problems he is having with the Bobby McDonald and the White House Bar adjacent to his property on Mason Street. There is a fence across the back yard; however, people are still crossing his carport and going around the fence next to an electrical transformer in his yard. In addition, under the liquor license there was a requirement to place a fence across the alley,but Mr. McDonald has only installed one barbed wire across the alley. Inspection Services Director Robb McClary stated that Mr. McDonald must erect a six-foot fence with 80 percent opacity adjacent to the residential property. Mr. McDonald has been notified of this, and Mr. McClary will meet with him prior to October 15 when the conditional occupancy permit expires. Mr. Reed requested that the fence be installed from the southeast corner of Mr. McDonald's property to where the alley was, and then south to Mason Street. BILL NO. 02-217 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, REPEALING CERTAIN NO PARKING ON MASON STREET AND ESTABLISHING NEW NO PARKING ON MASON STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 02-217 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. Scott Rhodes appeared regarding a special use permit that he received in April of 2000 for mini-storage units in the 2300 block of Bloomfield Road. He has worked on the stormwater plan for the property; however,he had not begun work on the storage units and the permit has expired. He is now ready to begin construction on the storage units and asked if there is a way to get the special use permit renewed. Mayor Knudtson requested the city staff look into this matter and contact Mr. Rhodes. Mr. Jim Goggin appeared on behalf of Lynnwood Baptist Church regarding a proposed sports bar that may be located at 2005 North Kingshighway adjacent to Super 8 Motel and across from the church property. Mr. Goggin opposed this bar on behalf of the church for three reasons. First, it creates a bad image for the city for all the people coming into Cape. In addition, it is located directly across from a planned entrance to the church. Second, there is a large amount of traffic on this road that travels at a high rate of speed, and there is very little parking at this location. Most bars in the city are on back streets and not on a main thoroughfare through the city. Third, there is the issue of morality, and nothing good comes from a bar. He requested the City Council consider this matter in their heart and deny the request. Mr. Randy Reed appeared regarding the location of three dumpsters on the property of the White House Bar on North Sprigg Street. The dumpsters are located at the edge of the property next to his property, and he requested the city move the dumpsters to the other end of the property near Olive Street due to the noise. Mayor Knudtson stated that Mr. McClary will look into this matter and address the situation; however, the City Council cannot enfarce the location of a dumpster on private property. Mr. Dwight Armor, 1015 Good Hope, appeared regarding loitering problems in the Hanover, Jefferson and Bloomfield area. Since his initial complaint, the Police Department has worked to combat the problem, and he commended them for their efforts and responding to the complaints. However, the lighting in this area is very poor, and this condones illegal activity. Several of the Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI October 7, 2002 446 .y - _ _ _ _._. ___ .___.. ___ ___ _ T00111195 � .....� _ .,___ .. ._..__.. _ _.__...__-�-�--.. _,.__ . ._.___ .__.._ _.. _-_ ... _. _ . _._.._ .. . _ � ... ,! g ts have been intentionally broken. He pre�sented several street light request fo�s for new li h „ li hts in this area. Public Works Director pou Leslie stated that at least one of the li hts in this �� ' area is a private light owned by an individual property owner and not the city. ''� 1� ;i '� Ms. Anita Nocera, 520 South Hanover, stated she has talked with Sgt. Rick Schmidt as well as !I I' AmerenUE regarding lights in this area. She was told that the previous owners at 525 S. Hanover �', �' owned the streetlight, and the residents at 518 and 520 South Hanover would be responsible for �; �� turning the light on and paying the utility bill. Ms. Nocera requested the city take over the '' �� maintenance and utility bill for the streetlights from 518 to 525 South Hanover. Mayor Knudtson jl �; i stated city staff will look into this and report back to the Council. �� Mr. Herbst thanked Mr. Armor for his support to combat the problems in this part of town. He � ; !� commended the Police Department for working to resolve the problems in this area. � i} (� Mr. Herbst thanked Health Officer Aaron Baughn and Inspections Services Director Robb �i McClary for their quick response on City Council complaints. Mr. McClary has been very i �� proactive in meeting with the neighbors regarding issues in their areas. , , �� Mayor Knudtson stated the Citizens Finance Task Force will be presenting their recommendation � i; at the October 21 City Council study session. �� i �i Mr. Leslie announced that it was the first day of free solid waste disposal at the transfer station for i� �' city residents. There were over 140 loads with over 33 tons of extra trash disposed o£ The �� i program will end on Saturday with the household hazardous waste cleanup program at Arena Park �; ;� from 9:00 a.m. to 12:00 p.m. '' �; f; �s Mayor Knudtson commended the Fire Department for cooperating with area fire departments on I� i� the Fire Truck Rally, which was held at Capaha Park. It was a great success. ;� ; �i '' �� The following bills were g-iven second and third readings. I� � i i i' ;j BIL,L NO. 02-184 AN ORDINANCE APPROVING THE RECORD PLAT OF �I �i WYANDOTTE ACRES THIRD SUBDNISION �, �; � ;' BILL NO. 02-185 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 i ;� OF THE CITY CODE, BY REPEALING A STOP SIGN ON MAIN I; �e STREET AT ITS INTERSECTION WITH ROBERTS STREET, IN �� s THE CITY OF CAPE GIRARDEAU, MISSOURI '1 EE �; I� (. �� BILL NO. 02-186 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 ; i� OF THE CITY CODE BY PLACING STOP SIGNS ON MAIN ?! STREET AT ITS 1NTERSECTION WITH INDEPENDENCE STREET, �� II IN THE CITY OF CAPE GIRARDEAU,MISSOURI �� ,�?4 BILL NO. 02-190 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF TRUNK 4i SEWER DISTRICT NO. 18, IN THE CITY OF CAPE GIRARDEAU, �J� �j MISSOURI ;I �� f ; , ! Proceedings of the City Council, City of Cape Girardeau, Mo. Re,�UTA*' S@SSIOII nctnher 7, 2002 447 ---�_.___ _ �.__..M.�__�___.�_�._.____.��,._,__.�___.___ ____...__,,. ._ _..�-- _ _.. _.._ .____...�_. _____.___.�___ .__... T00111195 __.._ _.a�_._..__. --�.___.�____.__._�___�___._.___._._.___..._ ___,_-. _._...____.__�_.,. ..._�__.__._._.�_---_.__�...._,_ _ __._------ BILL NO. 02-191 AN ORDINANCE AMENDING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-F-7, A SUBDNISION OF TRUNK SEWER DISTRICT NO. 14-1-F,AS ESTABLISHED BY ORDINANCE NO. 2221, 1N THE CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. 02-192 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A GENERAL WARRANTY DEED TO RETURN A PORTION OF RIGHT-OF-WAY ACQUIRED FOR THE PERRYVILLE ROAD PROJECT BII..L NO. 02-193 AN ORDINANCE REPEALING SECTION 16-33 OF THE CITY CODE RELATING TO MOTORCYCLES SAFETY TRUST FUND The second and third readings of BILL NOs. 02-184, 02-185, 02-186, 02-190, 02-191, 02-192, and 02-193 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, Ritter, White. Nays, none. BILL NO. 02-184 is ORDINANCE NO. 3060; BII,L NO. 02-185 is ORDINANCE NO. 3061; BILL NO. 02-186 is ORDINANCE NO. 3062; BILL NO. 02-190 is ORDINANCE NO. 3063; BII,L NO. 02-191 is ORDINANCE NO. 3064; BILL NO. 02-192 is ORDINANCE NO. 3065; BILL NO. 02-193 is ORDINANCE NO. 3066. BILL NO. 02-196 was given second and third readings as follows: AN ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE, SALE AND DELIVERY OF $3,200,000 PRINCIPAL AMOLJNT OF SPECIAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2002, OF THE CITY OF CAPE GIIZARDEAU, MISSOURI; AND APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH Mr. Purcell made a motion, seconded by Mr. Herbst, to approve the second and third readings of BILL NO. 02-196 and adopt the ordinance. Mr. Hopkins made a motion, seconded by Mr. White, to amend the ordinance by incorporating provisions which include the final principal amount of $3,125,000, maturity amounts, interest rates and call provisions for the Series 2002 Bonds as included in the amended ordinance. 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, Ritter,White. Nays,none. BILL NO. 02-200 was given first reading as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF JONES &KENNON DEVELOPMENT,L.L.C. The first reading of BILL NO. 02-200 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. BILL NO. 02-181 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI October 7, 2002 448 _ _ . _. _.�_ �_ _. . __.. T00111195 � ,._._..._ . .;�_ - _ ___ _ �� AN ORDINANCE ANIEIVDING CHAPTERT30 OF�THE CODE OF ORDINANCES OF THE� � � !i CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF LOT 18 OF �� LYNWOOD HILLS SECOND AMENDED SUBDNISION, CITY AND COUNTY OF CAPE � i� GIRARDEAU, MISSOURI FROM R-1 TO R-3 AND R-4 �j I� ;, �' The first reading of BILL NO. 02-181 was approved upon Ms. Boardman's motion, Mr. Herbst's �i !� '; second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, j; �� White. Nays,none. j� I� I I ? BII,L NO. 02-203 was given first reading as follows: � �i � � AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE HOPPER ROAD I EXTENSION, PHASE I, FROM MT. AUBURN ROAD TO KAGE ROAD, 1N THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR � The first reading of BILL NO. 02-203 was approved upon Ms. Ritter's motion, Mr. Hopkins' ; second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, �� White. Nays,none. 9j � �� ,i The improvements completed under the Hopper Road Extension, Phase I, from Mt. Auburn Road i� �� to Kage Road, were accepted into the city's system, and final payment was authorized to j i� Fronabarger Concreters upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: j; il Ayes,Boardman,Herbst,Hopkins,Knudtson, Purcell,Ritter,White. Nays,none. ;i ;j � �' BILL NO. 02-204 was given first reading as follows: �� !' �' � AN ORDINANCE ACCEPTING A PERMANENT SEWER EASEMENT FROM RHODES 101 ji !1 CONVENIENCE STORES, INC., AND SOUTHEAST MISSOURI SIGMA CHI FRATERNITY i� i; ASSOCIATION FOR CONSTRUCTION AND MAINTENANCE OF A SANITARY SEWER I� {� ',i j; The first reading of BILL NO. 02-204 was approved upon Mr. Herbst's motion, Mr. Hopkins' � �' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, �I j� White. Nays,none. ;� �� jF i� BILL NO. 02-207 was given first reading as follows: ;i I� '� � AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE IMPROVEMENT OF �� ;� SILVER SPRINGS ROAD FROM MISSOURI ROUTE K TO THE END OF EXISTING �� ' i� i� PAVEMENT SOUTH OF INDEPENDENCE STREET, IN THE CITY OF CAPE GIRARDEAU, ; �� MISSOURI,AND AUTHORIZ1NG THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR �! �, ;I i The first reading of BILL NO. 02-207 was approved upon Mr. Herbst's motion, Mr. Hopkins' ii �I � �� second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, �; ! White. Nays,none. �! �; iI� ;� The improvements completed under the Silver Springs Road project from Missouri Route K to the !; �� end of the existing pavement south of Independence were approved, and final payment to Lappe � 'i Cement Finishing was authorized, upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes,Boardman,Herbst, Hopkins,Knudtson,Purcell, Ritter,White. Nays,none. I e I i Proceedings of the City Council, City of Cape Girardeau, Mo. R.e�ular S@SSIOCI nctnher 7, 2002 449 _._._____�___��____�.��._._.________w.__._.._�..----_____.__�._.__._,. _ _ _�_ ._. _._...� . _ __...____---..__. ___... ___. _._..___��._.____. ._.... T00111195 -.. . _ _ _. _ .._.,.. _ .__. _._,____�.___�..__.. . ._..___. ., BILL NO. 02-213 was given first reading as follows: AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM DANNY STRATTON FOR PROPERTY AT 522 COLLEGE STREET The first reading of BILL NO. 02-213 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. 02-214 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT STORM SEWER EASEMENTS FROM BARBARA MASON AND JOHNNIE CARTER FOR A DRAINAGE PROJECT ON NORTH WATER STREET The first reading of BILL NO. 02-214 was approved upon Ms. Ritter's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. BILL NO. 02-218 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE BY ESTABLISHING NO PARKING ON MT. AUBURN ROAD 1N THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BII,L NO. 02-218 was approved upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. BILL NO. 02-219 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY TO OPERATE A MAINTENANCE AND STORAGE FACILITY AT GOOD HOPE AND AQUAMSI STREETS IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 02-219 was approved upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. BILL NO. 02-220 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY TO OPERATE A RAILROAD AND OTHER RELATED ACTIVITIES ON CITY PROPERTY ALONG THE RIVERFRONT IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 02-220 was approved upon Ms. Boardman's motion, Mr. Hopkins' 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@SSIOt1 October 7, 2002 450 _� _ _ __ --_____ --_____, . _,____ roo,,,,ss ___ . .,:.. __ . - _ - - _ _ --- - _ _ . _.._ . _ . __ __. ____ _ _-- _______ _� _..___... ._ �_ � BILL NO. 02-222 was given first reading as follows: '� I I �i 3� �f AN ORDINANCE APPROVING THE RECORD PLAT OF EMERALD FOREST 9� a; i; i; The first reading of BII,L NO. 02-222 was approved upon Mr. Purcell's motion, Mr. Herbst's �� ;I second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, �� White. Nays,none. �' , ,; i; ;! �= BILL NO. 02-212 was presented as follows: !; � �f (� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT , i GROUND LEASE WITH BRAXTON TRANSPORT SERVICES, INC. j a � f The reading of BII.,L NO. 02-212 was approved and the resolution adopted upon Mr. Herbst's �I �I� I� motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell,Ritter, White. Nays,none. BII.,L NO. 02-212 is RESOLUTION NO. 1823. � �i BILL NO. 02-215 was presented as follows: I �� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT i �' WITH MEAD ENVIRONMENTAL ASSOCIATES, INC., FOR ENVIRONMENTAL I! jI ENGINEERING SERVICES FOR LEAD BASED PAINT RISK ASSESSMENT FOR THE i, II GOOD HOPE—BLOOMFIELD NEIGHBORHOOD RESTORATION PROJECT i 1 +i jj The reading of BILL NO. 02-215 was approved and the resolution adopted upon Mr. Herbst's �' '� motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, i+ ��; Knudtson,Purcell,Ritter,White. Nays,none. BILL NO. 02-215 is RESOLUTION NO. 1824. 'i �� i; �, �s �� BILL NO. 02-216 was presented as follows: ij I j'� i � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF �� 'I LIEN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM �� ! i; The reading of BILL NO. 02-216 was approved and the resolution adopted upon Ms. Boardman's �� ; motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins' ;i j' Knudtson,Purcell,Ritter, White. Nays,none. BILL NO. 02-216 is RESOLUTION NO. 1825. �; !E � BILL NO. 02-223 was presented as follows: �' `� !I ii j� A RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A �� GRANT OFFER AND AGREEMENT BETWEEN THE U. S. DEPARTMENT OF i! �+ TRANSPORTATION AND THE CITY OF CAPE GIIZARDEAU, MISSOURI, ACTING ON I! ;, BEHALF OF THE CAPE GIRARDEAU REGIONAL AIRPORT UNDER THE SMALL �� j� COMMUNITY AIR SERVICE DEVELOPMENT PILOT PROGRAM �� ; The reading of BII,L NO. 02-223 was approved and the resolution adopted upon Mr. White's �, + motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, ;� i Knudtson,Purcell,Ritter,White. Nays,none. BILL NO. 02-223 is RESOLUTION NO. 1826. �� ,) _ E A temporary 5% beer by the drink license for Mary Kathleen Patterson, d/b/a St. Vincent DePaul j School, for an event to be held November 1-3, 2002 at the A. C. Brase Arena Building, was i Proceedings of the City Council, City of Cape Girardeau, Mo. l�eg,»1ar S@SSIOCI nctober 7}2002 451 __�. _�__..��---_________---_�____.__. _____-------_____,.________.____ ___.___..--- _ �-----.._ .._____._. ______---._,____ __._ roo,,,,ss � ��.�. ___�__.._____.____. .._._____. ___._..____ _._,.. ._ __,._. _ .____._ _----__---._.___._��__�_. . _.._.__... .__.___._.__ conditionally approved upon Mr. Purcell's motion, Mr. Herbst'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, accepting a sanitary sewer line to serve the Rhodes 101 Convenience Store at 1132 North Sprigg Street, and authorizing the release of $10,000 escrow, less actual inspection fees of $764.46. The 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, accepting the street, storm sewer and sanitary sewer improvements to serve the Cape West Mobile Home Park, Cape West Village Subdivision, sewer District 16-G. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell, Ritter, White. Nays,none. Mr. Herbst made a motion, seconded by Ms. Ritter, accepting the street, storm sewer and sanitary sewer improvements constructed to serve the McDonalds Restaurant area on Broadway. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,White. Nays,none. Mr. White made a motion, seconded by Mr. Purcell, approving the improvement plans for streets, storm and sanitary sewers, and stormwater improvements for Emerald Forest Subdivision. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell,Ritter, White. Nays,none. Ms. Boardman made a motion, seconded by Mr. Herbst, approving the improvement plans for sanitary sewer and water improvements for Clarkton Place Subdivision Phase Six. T'he motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. Ms. Ritter made a motion, seconded by Mr. White, accepting improvements completed under the Lexington Avenue/North Sprigg Street/Melody Lane water main extension, and authorizing final payment to Monroe Plumbing and Heating, Inc. The motion was approved upon the following vote: Ayes, Boardman, Herbst,Hopkins,Knudtson, Purcell, Ritter,White. Nays,none. Mr. Herbst made a motion, seconded by Mr. Purcell, accepting improvements completed under the Perryville Road/I..exington Avenue 12-inch water main extension, and authorizing final payment to Dutch Enterprises, Inc. The motion was approved upon the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson, Purcell,Ritter, White. Nays,none. Mr. White made a motion, seconded by Mr. Herbst, to adjourn the regular session and convene in closed session for purposes of discussing personnel, litigation and privileged communications with the City Attorney pursuant to Sections 610.021(1) and (3) of the Revised Statutes of Missouri. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. (.� Jay B. udtson, Mayor � � Gayle . onrad, City Clerk