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HomeMy WebLinkAboutCouncil.Minutes.04-21-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 21, 2003 101 T00111195 REGULAR SESSION — APRIL 21, 2003 The Cape Girardeau City Council convened in regular session on Monday, April 21, 2003, 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. Mr. Hugh White presented the invocation, and the Pledge of Allegiance was recited. The minutes of the April 7, 2003, regular session 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. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Herb Nance appeared and presented to the City Council the Flags Across America Program sponsored by the National Flag Foundation of Pittsburgh, Pennsylvania. The goal of this program is to place a 120' flagpole and flag in every county in the country. He is volunteering to promote the program to place this flag in the City of Cape Girardeau. He presented a packet of information to each City Council member, and indicated he had also contacted the Chamber of Commerce, Southeast Missourian, and Old Town Cape. He suggested the flag be placed on the city and university property near the new Highway 74 and the new bridge. He stated he would be seeking funding from private organizations for the Flags Across America Program. Mayor Knudtson commended Mr. Nance for his work on promoting patriotism and for helping to maintain Cape Rock Park. Mayor Knudtson requested Todd Long, Vice Chairman of the Cable Television Advisory Committee, to appear before the Council to discuss an issue addressed by the Cable Board relating to a particular show that was airing on the Public Access Channel. Mr. Long explained that the Board had received complaints that on a particular show being aired, the host had called an elected official an improper name. The Board did review some tapes of the show; however, they found no evidence to support the complaints. The Board reviewed the guidelines for airing shows on the Public Access Channel, and they found no violation of any portion of the guidelines. Therefore, there was no reason to remove the show from the channel. Mayor Knudtson stated he felt the board made the right decision, and he appreciated their work in continuing to monitor the program. Mayor Knudtson commented on the results of the April 8 city election. The Council, City staff, and the Task Force committed a large amount of time and resources to the proposals over the last year. He stated he would like to dissect the vote and let the citizens tell the Council why they voted no and what drove their decision making process. Ms. Ritter commented that she would like to see what lessons the city has learned and what message the citizens are trying to tell the city. She questioned what other cities have done following an election to receive citizen input. In addition she suggested that the Task Force be used to identify comments they have heard in the community. Mayor Knudtson continued that he would like to create an insert for the utility bills to question why the citizens did not vote in favor of the proposals, as well as put a question and answer section on the web site. A section should also be included to allow citizens to sign their name and Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 21, 2003 102 700111195 _ welcome them to visit wit t e City Manager or Mayor and talk with them as to w yy they voted against the proposals. City Manager Michael Miller suggested having round -table discussions with the Mayor, City Manager and ordinary citizens to get their input on the issues. Following discussion Mayor Knudtson stated that it was the general agreement of the Council to place an insert in utility bills to receive input from citizens relating to the ballot proposals. Mayor Knudtson requested the TIF Commission meet, evaluate the proposal before them, and make a recommendation to the City Council. Mr. Herbst stated that he has received numerous phone calls regarding noise violations in the city, and he was pleased to hear that the Police Department had issue citations for approximately 27 violations over the past three to four weeks. In addition, he commended the Police Department for including the Inspection Services Office on a recent search warrant in a home that had numerous property standards violations. Mr. Herbst congratulated James Coley, owner of the Rose Bed Inn, for receiving the 2003 Preserve Missouri Award and receiving commendation from the Missouri House and Senate for preserving historic property. Mr. Coley purchased a condemned piece of property, and with the assistance through the Community Development Block Grant Program, he was able to renovate the structure, and now operates a bed and breakfast. Mr. Miller announced that Inspection Services Director Robb McClary recently underwent surgery. He is doing better; however, he will be working from home for several weeks. The following bills were given second and third readings. BILL NO. 03-51 AN ORDINANCE APPROVING THE RECORD PLAT OF ST. JUDE'S FIRST SUBDIVISION BILL NO. 03-52 AN ORDINANCE APPROVING THE RECORD PLAT OF CLARKTON PLACE SUBDIVISION PHASE SIX BILL NO. 03-55 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE RETIREMENT COMMUNITY FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING AN ON-SITE BANKING FACILITY AT 3120 INDEPENDENCE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 03-56 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MIDAMERICA HOTELS CORPORATION FOR PURPOSES OF RAZING THE EXISTING HOLIDAY INN MOTEL AND CONSTRUCTING A HOLIDAY INN EXPRESS MOTEL AT 3257 WILLIAM STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 21, 2003 103 T00111195i BILL NO. 03-57 AN ORDINANCE ACCEPTING A PERMANENT WATERLINE EASEMENT FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A PERMANENT WATER MAIN EXTENSION TO SERVE INDEPENDENCE WEST COMMERCIAL SUBDIVISION IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 03-58 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CAPE GIRARDEAU JAYCEES FOR THE DONATION OF THE REAL ESTATE COMPRISING THE CAPE GIRARDEAU JAYCEE MUNICIPAL GOLF COURSE AND THE ADJACENT PROPERTY TO THE CITY OF CAPE GIRARDEAU, MISSOURI Ms. Ritter made a motion, seconded by Ms. Boardman, to approve the second and third readings of BILL Nos. 03-51, 03-52, 03-55, 03-56, 03-57 and 03-58. Mr. Purcell made a motion, seconded by Mr. White, to amend BILL NO. 03-58 by including the updated property description. The amending motion was approved upon the following vote: Ayes, Boardman, Knudtson, Purcell, Ritter, White. Nays, none. Council Members Hopkins and Herbst abstained for financial reasons. The original motion was approved as amended upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson abstained for financial reasons on BILL NO. 03-55. Council Members Hopkins and Herbst abstained for financial reasons on BILL NO. 03-58. BILL NO. 03-51 is ORDINANCE NO. 3157; BILL NO. 03-52 is ORDINANCE NO. 3158; BILL NO. 03-55 is ORDINANCE NO. 3159; BILL NO. 03-56 is ORDINANCE NO. 3160; BILL NO. 03-57 is ORDINANCE NO. 3161; BILL NO. 03-58 is ORDINANCE NO. 3162. BELL NO. 03-54 was given first reading as follows: AN ORDINANCE APPROPRIATING FUNDS FOR A DESTINATION MARKETING STUDY AT THE CONVENTION AND VISITORS BUREAU, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-54 was approved upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Hopkins stated that the funds for this study will come from the hotel/motel/restaurant funds, and cannot be used for general operating purposes. BILL NO. 03-59 was given first reading as follows: AN ORDINANCE AMENDING SECTION 22-87 OF THE CITY CODE RELATING TO POSTING NOTICES The first reading of BILL NO. 03-59 was approved upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BELL NO. 03-62 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 MAIN STREET IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 21, 2003 104 700111195 The first reading of BILL NO. 03-62 was approve upd onTVlr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Ms. Ritter asked if the City completes surveys to find out whether or not there are adequate handicap parking spaces in the city. Police Chief Steve Strong responded that the City does work with SADI and does periodically complete surveys. This particular request is unusual because it is for a handicap space in the middle of the block. BILL NO. 03-63 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE WIDENING OF MT. AUBURN ROAD BETWEEN INDEPENDENCE AND WILLIAM STREETS The first reading of BILL NO. 03-63 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. 03-60 was presented as follows: A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI DEPARTMENT OF SOCIAL SERVICES UNDER THE EMERGENCY SHELTER GRANT PROGRAM, FOR SAFE HOUSE FOR WOMEN, INC. AND THE SALVATION ARMY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 03-60 was approved and the resolution adopted upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, White. Nays, none. Purcell abstained for financial reasons. BILL NO. 03-60 is RESOLUTION NO. 1880. BILL NO. 03-61 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH APEX PAVING COMPANY FOR THE 2003 STREET OVERLAY AND ASPHALT PROGRAM IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 03-61 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. 03-61 is RESOLUTION NO. 1881. Mr. Bo Shantz, Ms. Patricia Pauley, and Dr. Kee Park were appointed to the Airport Advisory Board for terms expiring April 30, 2005, upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Tom Phillips was appointed as an alternate member to the Board of Appeals for a term expiring May 4, 2008, upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Joe Burton was appointed to the Board of Appeals for a term expiring June 4, 2008, upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 21, 2003 10.5 700111185 A retail liquor by the drink license was conditionally approved for Alfred L. McCain, d/b/a Our House, 2 North Main, Alfred McCain, Managing Officer, upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. A retail liquor by the drink license was conditionally approved for Brenda S. LaRose and Penny Deason, d/b/a Brothers Again, 2023 Independence, Brenda S. LaRose, Managing Officer, upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The 8" water main extension to serve Independence West Commercial Subdivision was accepted into the city's system, upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The 6" water main extension to serve Dux Landing Subdivision was accepted into the city's system upon Ms. Ritter's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The water and sanitary sewer lines relocated under a Utility Agreement with the Missouri Highways and Transportation Commission for work on Route 74 were accepted into the city's system upon Ms. Boardman's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The improvement plans for sanitary sewers, storm sewers and streets for Randol Farms Ninth Subdivision were approved upon Mr. Purcell's motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Lester Sample appeared before the Council regarding his special use permit at 503 Maple Street, which contains special conditions to remove all the cars from his property at 212 South Spanish. He stated he will not be able to meet the conditions of the special use permit, and wanted to know the procedures to change the conditions in the permit. He indicated that he received a ticket from the Police Department and received a summons to appear in Municipal Court. While in court the Judge did not treat him appropriately and asked him to leave her courtroom. The Judge gave him one week to clear the property on Spanish Street, and if he did not, he would be placed in jail. He stated that he should have received a letter from the city before he was issued a ticket. Mayor Knudtson responded that Mr. Sample was given more than adequate opportunity to rectify the situation on Spanish Street and clean up the cars. If he presents a legitimate request to amend the special use permit, the Council will consider it. Mr. Purcell requested city staff prepare a report on the events that have occurred since the time the special use permit was issued. Mr. Miller explained to Mr. Sample that in order to amend the permit, he would need to submit an application to the Planning Department. 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. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 21, 2003 106 700111195 -_- Mayor Gayle L. Conrad, City Clerk