HomeMy WebLinkAboutCouncil.Minutes.11-18-2002.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
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REGULAR SESSION —NOVEMBER 18, 2002
The Cape Girardeau City Council convened in regular session on Monday, November 18, 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 Rev. Jay White of First Baptist Church, and the Pledge of
Allegiance was recited.
Prior to the regular session, the City Council convened in closed session for purposes of discussing
litigation and privileged communications with it's attorneys pursuant to Section 610.021(1) of the
Revised Statutes of Missouri, upon Mr. Hopkins' motion, Mr. Herbst's second, and the following
vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, White. Nays, none.
The minutes of the November 4, 2002, regular and closed sessions were approved upon Mr.
White's motion, Ms. Boardman's 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 on the application for approval of a Preliminary
Development plan filed by Marquette Plaza 353 Redevelopment Corporation for the Marquette
Hotel and parking areas at 338 Broadway and 221 North Fountain Streets, the hearing was opened.
Rev. Bob Towner of Christ Episcopal Church appeared and questioned whether the parking plan
would affect Fountain Street from Themis to Broadway. City Manager Michael Miller responded
that the redevelopment area is only for property north of Broadway. Upon questioning by Ms.
Ritter, Mr. Miller explained that any changes to street parking must be approved by the City
Council at a later date. Mr. Charlie Hutson, President of the Downtown Redevelopment
Corporation, appeared and expressed his support for this plan. There being no further
appearances, the hearing was closed.
Mr. White made a motion, seconded by Mr. Herbst, finding that the Marquette Hotel and Parking
Areas Redevelopment Area is blighted. 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, to approve the Preliminary Redevelopment
Plan for the Marquette Hotel and Parking Areas submitted by the Marquette Plaza 353
Redevelopment Corporation dated September 30, 2020. Ms. Ritter questioned whether the 000
block of North Fountain needed to be removed from page 4 of the plan. City Attorney Eric
Cunningham explained that this is just a preliminary plan, and the final plan will be presented to
the Council later. The motion was approved upon the following vote: Ayes, Boardman, Herbst,
Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
Ms. Ritter made a motion, seconded by Ms. Boardman, setting March 19, 2003, as the deadline for
submission of a final development plan for the Marquette Hotel and Parking Areas Redevelopment
Areas by the Marquette Plaza 353 Redevelopment Corporation. The motion was approved upon
the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,
none.
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Mr. Purcell read excerpts from a Training Tip Memo issu� Police Lt. Tracy Lemonds
regarding HUD Section 8 Housing Zero Tolerance. The memo explained that the Police
Department is working with HUD Supervisor Bill Tucker to handle drug problems in HUD
Housing. Mr. Purcell explained that it is every citizen's duty to report any drug activity, especially
in HUD housing, and he thanked the Police Department and the HUD office for their cooperative
effort in combating this problem.
Mayor Knudtson read a letter he received from Jim Wente of Southeast Missouri Hospital
thanking the city staff for their efforts in completing the street construction work on Lacey Street
in front of the hospital.
Regarding the Mount Auburn widening project from William to Independence, Mayor Knudtson
stated that the bids came in under estimate which will allow the city to make the best decision for
the width of the street. City staff will be preparing a list of property owners affected by this
project, and Scott Meyer of MoDOT is meeting with city staff regarding the Mt. Auburn/William
Street intersection. Comments from affected property owners will be taken into consideration.
Mayor Knudtson questioned the Council members what direction they wanted to take regarding
the recommendation of the Citizens Finance Task Force. Mr. White expressed support for placing
tax issues before the voters in April, although he was reluctant to place the aquatic center issue on
the same ballot with critical needs. Ms. Boardman supported an election in April for all issues
including an aquatic center. Mr. Purcell favored an election in April for all issues. If the citizens
receive all of the information the Task Force had regarding the aquatics center, he felt the citizens
would support it. This is a proactive step for the city and the community. Mr. Herbst agreed with
Mr. Purcell. Ms. Ritter requested more details on city operational costs before the issues are
placed on a ballot. She preferred the phasing in approach rather than placing four issues on one
ballot. Mr. Hopkins agreed with the majority. Mayor Knudtson stated he felt the statements of the
Council gave direction to Mr. Miller on how to proceed. He, too, questioned the aquatic center;
however, the focus needs to shift on what needs to be done to take the city to the next level.
Mr. Miller reported on the weather alerting system in Cape. In April a weather transmitter was
installed to transmit weather warnings through weather radios. The radios are available at many
retail stores in Cape, and they can be programmed to receive weather for specific counties.
The following bills were given second and third readings.
BILL NO. 02-238 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL
TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS
UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU
BILL NO. 02-239 AN ORDINANCE APPROVING THE RECORD PLAT OF
PHYSICIANS ALLIANCE SUBDIVISION
BILL NO. 02-240 AN ORDINANCE ACCEPTING PERMANENT SEWER
EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS
FROM VARIOUS PROPERTY OWNERS FOR THE ARENA CREEK
SANITARY SEWER PROJECT
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BILL NO. 02-245 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
BILL NO. 02-246 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
BILL NO. 02-247 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
BILL NO. 02-248 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
BILL NO. 02-252 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 second and third readings of BILL Nos. 02-238, 02-239, 02-240, 02-245, 02-246, 02-247,
02-248, and 02-252 were approved and the ordinances adopted 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. 02-238 is ORDINANCE NO. 3094; BILL NO. 02-239 is
ORDINANCE NO. 3095; BILL NO. 02-240 is ORDINANCE NO. 3096; BILL NO. 02-245 is
ORDINANCE NO. 3097; BILL NO. 02-246 is ORDINANCE NO. 3098; BILL NO. 02-247 is
ORDINANCE NO. 3099; BILL NO. 02-248 is ORDINANCE NO. 3100; BILL NO. 02-252 is
ORDINANCE NO. 3 10 1.
BILL NO. 02-230 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO
DRIVING WHILE INTOXICATED AND DRIVING WITH EXCESSIVE BLOOD ALCOHOL
CONTENT
The first reading of BILL NO. 02-230 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. 02-253 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 26-224 OF THE CITY CODE RELATING TO
SCHOOL BUSES
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The first reading of BILL NO. 02-253 was approved upon Ms. Boardman's motion, Ms. Ritter's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
BILL NO. 02-254 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 26-262 OF THE CITY CODE RELATING TO
PARKING VIOLATION PENALTIES
The first reading of BELL NO. 02-254 was approved upon Mr. Herbst's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
BILL NO. 02-256 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 16-32 OF THE CITY CODE RELATING TO
COURT COSTS FOR DOMESTIC VIOLENCE
The first reading of BILL NO. 02-256 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. 02-257 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF HILLCREST PLACE 2ND
SUBDIVISION
The first reading of BILL NO. 02-257 was approved upon Ms. Boardman's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
BILL NO. 02-259 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE,
REPEALING CERTAIN SPEED LIMITS ON WILLIAM STREET AND ESTABLISHING
NEW SPEED LIMITS ON WILLIAM STREET, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL NO. 02-259 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. Upon questioning by Mr. Herbst, Police Chief Steve Strong explained that
due to concerns from Notre Dame High School and Eagle Ridge Christian School, MoDOT
performed a traffic study in this area. After meeting with representatives of the schools, city and
elected officials, MoDOT recommended the speed be reduced from 55 to 50 m.p.h. MoDOT has
talked with the schools about placing flashing school zone signs to further reduce the speed in this
area. The Police Department is conducting training at Notre Dame High School relating to traffic
safety and other driving issues.
BILL NO. 02-260 was given first reading as follows:
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AN ORDINANCE AUTHORIZING EXECUTION OF AN AIRPORT ASSISTANCE
AGREEMENT BETWEEN THE STATE HIGHWAY AND TRANSPORTATION
COMMISSION OF MISSOURI AND THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 02-260 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. 02-261 was given first reading as follows:
AN ORDINANCE AMENDING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO.
14 -ZZ, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BILL NO. 02-261 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.
BILL NO. 02-262 was given first reading as follows:
AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO INCLUDE
PROPERTIES OF JONES AND KENNON DEVELOPMENT, L.L.C., AND AARON'S
PROPERTIES, L.L.C., AND WARD 6 TO INCLUDE PROPERTIES OF PRESTWICK
HOLDINGS, L.L.C.
The first reading of BILL NO. 02-262 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. 02-267 was given first reading as follows:
AN ORDINANCE RELATED TO THE ACQUISITION, CONSTRUCTION, FURNISHING
AND EQUIPPING OF THE ST. VINCENT SEMINARY PROPERTY AND OTHER ACTIONS
RELATED THERETO
Ms. Boardman made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO.
02-267. Mayor Knudtson stated that the Council is united to move forward on this project. The
objective of the Council was to make a finding that says the financial integrity for the project is in
place. The University has now come forward with a proposal setting forth the necessary
commitments to allow the Council to make this finding and to move forward with the project. Ms.
Ritter commented that is has been a long four years since the concept of the project began, and
there are many misconceptions on the vision and what the project actually is. The citizens need to
be reeducated so they will realize what the project is.
BILL NO. 02-255 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH FRONABARGER CONCRETERS, INC., FOR THE EARLEEN DRIVE
STORMWATER IMPROVEMENTS IN THE CITY OF CAPE GIRARDEAU, MISSOURI
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The reading of BILL NO. 02-255 was approved and the resolution adopted upon Mr. White's
motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-255 is RESOLUTION NO. 1841.
Upon questioning by Mr. Herbst, Mr. Miller explained that this contract is to replace the railroad
cars installed in the storm drain by the contractor. The State is paying 50 percent of the project.
BILL NO. 02-258 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE U.S. GENERAL SERVICES ADMINISTRATION FOR TEMPORARY OFFICE
SPACE RENTAL FOR THE TRANSPORTATION SECURITY ADMINISTRATION AT THE
CAPE GIRARDEAU REGIONAL AIRPORT
The reading of BILL NO. 02-258 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. 02-258 is RESOLUTION NO. 1842.
BILL NO. 02-263 was presented as follows:
A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT
TO SEEK FUNDING THROUGH THE HAZARD MITIGATION GRANT PROGRAM,
AUTHORIZING THE CITY MANAGER TO PURSUE ACTIVITIES IN AN ATTEMPT TO
SECURE FUNDING AND IDENTIFYING A PROJECT MANAGER
The reading of BILL NO. 02-263 was approved and the resolution adopted upon Ms. Boardman's
motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins Knudtson,
Purcell, Ritter, White. Nays, none. BILL NO. 02-263 is RESOLUTION NO. 1843.
BILL NO. 02-264 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH
OZARK MAINTENANCE, LLC, FOR OFFICE SPACE AT THE CAPE GIRARDEAU
REGIONAL AIRPORT
The reading of BELL NO. 02-264 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. 02-264 is RESOLUTION NO. 1844.
BILL NO. 02-266 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH HORNER & SHIFRIN, INC., FOR PROFESSIONAL SERVICES RELATED TO
DRAFTING OF A STORMWATER UTILITY ORDINANCE
The reading of BILL NO. 02-266 was approved and the resolution adopted upon Mr. White's
motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-266 is RESOLUTION NO. 1845.
Mr. Jerry Ford was appointed to the River Campus Board of Managers for a term expiring
December 1, 2005, upon Mr. Purcell's motion, Mr. White's second, and the following vote: Ayes,
Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
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Mayor Knudtson was appointed to the Cape Girardeau Parks Development Foundation for a term
expiring December 31, 2003, upon Mr. Hopkins' motion, Ms. Boardman's second, and the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
Mr. Hopkins and Mayor Knudtson were appointed to the Cape Girardeau Area Industrial
Recruitment Association for terms expiring December 31, 2003, upon Mr. Herbst's motion, Ms.
Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell,
Ritter, White. Nays, none.
Ms. Ritter was appointed to the Public Awareness Advisory Board for a term expiring November
20, 2005, upon Mr. Purcell's motion, Mr. White's second, and the following vote: Ayes,
Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
A retail liquor by the drink license for Autumn Demopoulos, d/b/a California Juice Club, 1034
Broadway, Autumn Demopoulos, managing officer, was conditionally approved upon Mr.
Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes: Boardman, Herbst,
Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
A retail liquor by the drink and manufacturers of beer license for Cape Girardeau Brewing
Company, LLC d/b/a Cape Brewing Company, 132 North Main, Phillip Brinson, managing
officer, was conditionally approved upon Mr. White's motion, Ms. Boardman's second, and the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
Ms. Ritter made a motion, seconded by Mr. Herbst, to approve the plans and authorize
construction of a system of sanitary lateral sewers in Lateral Sewer District No. 14 -ZZ to serve
Lainie's First Subdivision located on Hopper Road. The motion was approved upon the following
vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
Mr. Hopkins made a motion, seconded by Mr. White, to approve the improvement plans for the
relocation of a sanitary sewer serving a portion of Lexington Place 2nd Subdivision. The motion
was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell,
Ritter, White. Nays, none. Mr. Hopkins requested staff report on why the house was originally
built over the sewer line.
Mr. Herbst made a motion, seconded by Mr. Hopkins, to accept the street, sanitary sewer,
stormwater and water improvements, as shown on the plans approved for Melrose Place Fifth
Subdivision, and the storm sewers in the street right of way, and to authorize the release of the
escrow agreement. The motion was approved upon the following vote: Ayes, Boardman, Herbst,
Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
Regarding the Master Plan update for the Cape Girardeau Regional Airport, Mayor Knudtson
announced there would be a public meeting on November 26 at the Osage Centre to receive input
from the public on the master plan.
On the issue of connecting septic tanks to city sewers, Mr. Miller stated that city staff will develop
a draft ordinance to bring conflicting ordinance provisions into conformity and to grandfather
existing septic tanks within 200 feet of a public sewer. Ms. Ritter explained that the Planning and
Zoning Commission is developing a comprehensive plan also for septic tanks to present to the
Council in the spring. In addition, she questioned whether the city has set up the procedure to
notify all property owners before they are placed into a sewer district, which was discussed at a
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previous meeting. Mr. Miller explained that there are no provisions for a public hearing to
establish a sewer district. If there is a sewer project within the district, then a public hearing is
required and all owners in the district are notified. Normally, citizens will request the
establishment of a sewer district; however, the city can establish a sewer district to take care of a
faulty septic tank. Mayor Knudtson stated he wanted measures to be taken to inform citizens they
are being placed in a sewer district before the issue comes before the City Council.
Ms. Boardman made a motion, seconded by Ms. Ritter, to approve the Conceptual Design Plan for
the River Campus Museum. The motion was approved upon the following vote: Ayes, Boardman,
Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
There being no further business, the Council adjourned upon Mr. Hopkins' motion, Ms.
Boardman's second, and the following vote: Ayes: Boardman, Herbst, Hopkins, Knudtson,
Purcell, Ritter, White. Nays, none.
JOBudtson, Mayor
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Gayle L. nrad, City Clerk