HomeMy WebLinkAboutCouncil.Minutes.11-04-2002.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session November 4, 2002 1
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REGULAR SESSION — NOVEMBER 4, 2002
The Cape Girardeau City Council convened in regular session on Monday, November 4, 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 led by VFW Boy
Scout Troop 5, Post 3838.
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. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst,
Hopkins, Knudtson, Ritter, White. Nays, none.
The minutes of the October 21, 2002, regular and closed sessions, the October 28, 2002, closed
session, and the October 29, 2002, special session 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. Herbst's motion, Ms. Boardman's second, and
the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,
none.
Mr. Mike Richey, attorney for the Cape Girardeau County Industrial Development Authority,
appeared on behalf of St. Francis Medical Center in support of a resolution approving an
expansion project for the hospital.
BILL NO. 02-244 was presented as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, APPROVING A PROJECT OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE COUNTY OF CAPE GIRARDEAU, MISSOURI, TO BE LOCATED IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 02-244 was approved and the resolution adopted upon Mr. White's
motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-244 is RESOLUTION NO. 1835.
Mr. Vaughn Prost of Prost Builders appeared in support of a renovation project for the Marquette
Hotel. Two critical needs that need to be addressed before the project can move forward are
parking and the redevelopment plan. The resolution on the agenda this evening will address some
of the parking issues, and the preliminary redevelopment plan will be on the next City Council
agenda.
BILL NO. 02-249 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PARKING
LEASE AGREEMENT AND MEMORANDUM OF LEASE WITH MARQUETTE OFFICE
BUILDING, L.L.C.
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Regular Session November 4, 2002 2
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The reading of BILL NO. 02-249 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, Ritter, White. Nays, none. BILL NO. 02-249 is RESOLUTION NO. 1836.
Mr. Scott Bechtold appeared regarding a request for a liquor license at 2005 N. Kingshighway. He
expressed concerns with the amount and speed of traffic on this street, and suggested this may not
be the best location for the business. He requested the Council consider the traffic issues when
deciding on the conditional approval of this license.
Mr. Thomas Scruggs appeared and requested the Police Chief make a statement regarding the
traffic issues at this location. Mayor Knudtson stated that the Police Department has approved the
criteria on this application. Mr. Scruggs continued that too much time has been spent on this
issue. He said that a public hearing has never been held on another liquor license application. He
stated that he has suffered monetary losses on this project due to the time delays. He thanked Mr.
Hopkins for his support.
Mayor Knudtson explained that the purpose in holding a public hearing was to communicate with
the property owners in the area and get the facts out in the open. The hearing has helped everyone
to better understand this business and the owner.
Mr. Bill Foster appeared and stated he felt what has been done to Mr. Scruggs was wrong. He met
all city requirements, and the city can't legislate morality. Mr. Scruggs has a legal right to open
this business. Mr. Foster expressed his disappointment in the Council when the motion was not
seconded at the previous meeting to conditionally approve the liquor license for Mr. Scruggs.
Mr. John Casebolt appeared in support of the liquor license. He stated he is not a resident of Cape
but travels North Kingshighway often. The traffic is hazardous there, but it is unlawful to deny a
liquor license when all of the requirements have been met. He suggested that the City Council
consider reducing the speed limit in this area.
Mr. Hopkins made a motion, seconded by Ms. Boardman, to conditionally approve a retail liquor
by the drink and Sunday sales license for Thomas Charles Scruggs, III, d/b/a Big's, 2005 N.
Kingshighway, Thomas Charles Scruggs, III, Managing Officer.
Mr. Purcell explained that the public hearing on this matter was an opportunity to respond to a
large group of citizens in the city. No other liquor license application has had this type of citizen
response over the past five years. The hearing allowed concerned citizens to appear before the
Council and speak their opinion.
Mr. Hopkins explained that in the past several years, there was a controversial liquor license that
was revoked, and there was also a liquor license on Independence Street that produced a large
group of opposing residents.
Ms. Ritter called for the question on the motion. The motion was approved upon the following
vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Herbst
abstained for financial reasons.
Mr. Herbst stated that on November 1 Kevin and Susan Stanfield were presented the International
Blimpie Franchisee of the Year Award for their three successful Blimpie stores in Cape and
Jackson. They were the number one Blimpie franchise business in the world last year. Due to the
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Reuular Session November 4, 2002 3
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City's support of the Stanfields, International Blimpie presented to the City the first annual
Franchise City of the Year Award, and Mr. Herbst presented the plaque to Mayor Knudtson.
Mr. Herbst thanked the Public Works and Police Departments for their quick efforts in placing the
additional street lights in the southern part of the city that were requested at previous meetings. In
addition, Mayor Knudtson commended the Police Department, Public Works Department and the
Airport Manager for they way they handled the visit from Vice President Dick Cheney.
Ms. Boardman recognized Dr. Jenny Moore who was present at the meeting. She teaches courses
at the University on women in government, and she and her students will be attending the City
Council meetings from time to time.
The following bills were given second and third readings.
BILL NO. 02-224 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED
FROM DSW DEVELOPMENT CORPORATION FOR THE
EXTENSION OF INDEPENDENCE STREET BETWEEN MT.
AUBURN ROAD AND FARRAR DRIVE
BILL NO. 02-227 AN ORDINANCE APPROVING THE RECORD PLAT OF
GEORGELL SUBDIVISION
BILL NO. 02-228 AN ORDINANCE APPROVING THE RECORD PLAT OF
DAVIDSON SUBDIVISION
BILL NO. 02-229 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121,
OF THE CITY CODE, BY REPEALING STOP SIGNS AT NORMAL
AVENUE AND NORTH SPRIGG STREET AND AMENDING
SCHEDULE H OF SECTION 26-126 OF THE CITY CODE, BY
PLACING ELECTRIC TRAFFIC CONTROL SIGNALS AT NORMAL
AVENUE AND NORTH SPRIGG STREET, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 02-232 AN ORDINANCE AMENDING THE BOUNDARIES OF LATERAL
SEWER DISTRICT NO. 14-F, A SUBDIVISION OF TRUNK SEWER
DISTRICT NO. 14, AS ESTABLISHED BY ORDINANCE NO. 492, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 02-233 AN ORDINANCE APPROVING THE AMENDED RECORD PLAT
OF SPANISH STREET CONDOMINIUMS, PLAT NO. 1
The second and third readings of BILL Nos. 02-224, 02-227, 02-228, 02-229, 02-232, and 02-233
were approved and the ordinances adopted upon Mr. White's motion, Ms. Ritter's second, and the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
BILL NO. 02-224 is ORDINANCE NO. 3088; BILL NO. 02-227 is ORDINANCE NO. 3089;
BILL NO. 02-228 is ORDINANCE NO. 3090; BILL NO. 02-229 is ORDINANCE NO. 3091;
BILL NO. 02-232 is ORDINANCE NO. 3092; BILL NO. 02-233 is ORDINANCE NO. 3093.
BILL NO. 02-238 was given first reading as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session November 4, 2002 4
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AN ORDINANCE AtMTfOR=G THE ISSUANffW SPECIAL—= BILLS FOR THE N�
DEMOLITION OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7
OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU
The first reading of BILL NO. 02-238 was approved upon Ms. Ritter's motion, Mr. Herbst's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
BILL NO. 02-239 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF PHYSICIANS ALLIANCE
SUBDIVISION
The first reading of BILL NO. 02-239 was approved upon Mr. Purcell's motion, Ms. Boardman's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
BILL NO. 02-240 was given first reading as follows:
AN ORDINANCE ACCEPTING PERMANENT SEWER EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE
ARENA CREEK SANITARY SEWER PROJECT
The first reading of BILL NO. 02-240 was approved 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. 02-245 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE
BY ESTABLISHING NO PARKING ON WATER STREET IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BILL NO. 02-245 was approved 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. 02-246 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE
BY ESTABLISHING HANDICAP PARKING ON NORTH SPRIGG STREET IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 02-246 was approved upon Mr. Herbst's motion, Ms. Ritter's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
BILL NO. 02-247 was given first reading as follows:
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Regular Session November 4, 2002 5
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AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE,
BY PLACING A YIELD SIGN ON INDEPENDENCE STREET AT ITS INTERSECTION
WITH FARRAR DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 02-247 was approved upon Mr. Herbst's motion, Mr. White's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
BILL NO. 02-248 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE,
BY REPEALING STOP SIGNS ON MT. AUBURN ROAD AND INDEPENDENCE STREET,
AND AMENDING SCHEDULE E OF SECTION 26-283 BY ENACTING A FOUR-WAY
STOP AT MT. AUBURN ROAD AND INDEPENDENCE STREET, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BILL NO. 02-248 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. 02-252 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE
BY ESTABLISHING NO PARKING ON NORMAL AVENUE AND WASHINGTON STREET
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 02-252 was approved 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. 02-241 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH CRAWFORD, MURPHY & TILLY, INC., FOR AIRCRAFT MANUFACTURING
FACILITY T -HANGAR TAXIWAY REHABILITATION AT THE CAPE GIRARDEAU
REGIONAL AIRPORT
The reading of BILL NO. 02-241 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. 02-241 is RESOLUTION NO. 1837.
BILL NO. 02-242 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH ROBINSON MECHANICAL CONTRACTORS, INC., D/B/A ROBINSON
CONSTRUCTION FOR THE ARENA CREEK REPLACEMENT SEWER, A PART OF THE
COMBINED SEWER OUTFALL PROGRAM, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The reading of BILL NO. 02-242 was approved and the resolution adopted upon Mr. Purcell's
motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
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Regular Session November 4, 2002 6
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Knu tson, Purcell, Ritter, White. Nays, none. BILL NO. 02-242 is RESOLUTION NO. 1838.
Upon questioning by Mr. Hopkins, City Engineer Mark Lester stated that construction will begin
after approval from the Department of Natural Resources.
BILL NO. 02-243 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH HENEGHAN AND ASSOCIATES, P.C., FOR THE RECONSTRUCTION OF
MINNESOTA AVENUE FROM BLOOMFIELD ROAD TO COLLEGE STREET IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 02-243 was approved and the resolution adopted upon Mr. Purcell's
motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins
Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-243 is RESOLUTION NO. 1839.
BILL NO. 02-251 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTING
AGREEMENT WITH THE KIEHL HENDRICKSON GROUP FOR AIR SERVICE AND
TICKET TRUST DEVELOPMENT AT THE CAPE GIRARDEAU REGIONAL AIRPORT
The reading of BILL NO. 02-251 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. 02-251 is RESOLUTION NO. 1840.
Mr. Charles Wagoner was appointed to the Golf Course Advisory board for a term expiring
November 12, 2005, upon Mr. White's motion, Mr. Herbst's second, and the following vote:
Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
Mr. Bo Shantz and Ms. Patricia Pauley were appointed to the Airport Advisory Board for terms
expiring April 30, 2003, upon Ms. Ritter's motion, Mr. White's second, and the following vote:
Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
Mr. Luke Landgraf was appointed to the Show Me Center Board of Managers for a term expiring
December 1, 2005, upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote:
Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
The following City Council meeting dates were changed for calendar year 2003 upon Mr. White's
motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell, Ritter, White. Nays, none.
Monday, January 20, M.L. King, Jr., Day, changed to Tuesday, January 21
Monday, February 17, Presidents Day, changed to Tuesday, February 18
Monday, September 1, Labor Day, changed to Tuesday, September 2
Regarding the 2002 Building Codes, City Manager Michael Miller explained that the Board of
Appeals has been reviewing the codes in depth, and is recommending that the 2000 International
Codes and the 2002 National Electrical code be adopted by the City. In addition, the Board
recommends that a public hearing be held to allow the public to appear regarding adoption of the
codes. If the Council wishes to hold the public hearing, the city will notify all interested parties,
including all licensed contractors, of the date of the public hearing. The Council agreed to the
public hearing.
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Regular Session November 4, 2002 7
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Mr. Hopkins made a motion, seconded by Ms. Ritter, to accept the improvements completed under
the 2002-1 Overlay Program and to authorize final payment to Apex Paving Company. 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, to approve the improvement plans for the
widening of a portion of New Madrid Street between Sprigg Street and Henderson Avenue. The
motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,
Purcell, Ritter, White. Nays, none.
Regarding amendments to the city code relating to the duty of owners to connect to public sewers,
Mayor Knudtson stated that City staff will develop options for the City Council to review at the
next meeting.
There being no further business, Mr. Hopkins made a motion, seconded by Mr. Herbst, to convene
in closed session for purposes of discussing personnel matters, litigation, property acquisition and
privileged communications with its attorneys pursuant to Sections 610.021(1), (2) 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. dtson, Mayor
Gayle L.In—rad, City Clerk
Proceedings of the City Council, City of Cape Girardeau, Mo.
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