HomeMy WebLinkAboutCouncil.Minutes.05-05-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
Reuular Session May 5, 2003 107
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REGULAR SESSION â MAY 5, 2003
The Cape Girardeau City Council convened in regular session on Monday, May 5, 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.
Prior to the regular session, the City Council convened in closed session for purposes of discussing
personnel and litigation pursuant to RSMo. Sections 610.021(1) and 610.021(3), upon Mr.
Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst,
Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
The minutes of the April 21, 2003, regular session were approved upon Ms. Boardman'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. White's motion, Mr. Purcell'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 regarding the request of Agan Alkan to rezone 2605-
2607 Themis Street from R-3, two family residential district, to C-2, general commercial district,
the hearing was opened. (The Planning and Zoning Commission has recommended a special use
permit for a commercial business with sign at 2605-2607 Themis Street in an R-3, two family
residential district, in lieu of the rezoning). The City Planner's Council Letter in the Agenda
Packet presented for the record a certified copy of the following: (1) Section 30-39 entitled
"Special Use Regulations" from the City Code; (2) the application for special use permit; and (3)
the application file. Mr. Agan Alkan appeared before the Council and explained that in order to
comply with State licensing regulations, he needs a special use permit at this location. He had
another location for this purpose; however the State considered it a conflict of interest, and he
closed that location. He stated he has very few people that come to this location; he sells many of
his motorcycle parts on the internet. To help control the noise, he plans on repairing his six-foot
privacy fence, and he built the storage shed behind his residence with 2x6 construction and R-19
insulation. Mr. Alkan stated that if this permit were denied, he would not be able to obtain a
motorcycle dealer license.
Mr. John Campbell appeared in support of the request. He stated he lived in the duplex adjacent
to Mr. Alkan, and he did not have a problem with any noise from this location.
Ms. Cora Griffith appeared and stated she lived at the intersection of Themis and Hazel near this
location. There are numerous people that test drive motorcycles on the streets at high rates of
speed. Mr. Alkan works on motorcycles in his driveway and garage, and it is very noisy and
dangerous. She stated that she felt if this is approved it would hurt her property value.
BILL NO. 03-69 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO AGAN ALKAN FOR THE
PURPOSE OF OPERATING A MOTORCYCLE DEALERSHIP AND PLACING A BUSINESS
SIGN AT 2605-2607 THEMIS STREET, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU
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Regular Session May 5, 2003 108
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Mayor Knudtson called for a motion approving the first reading ofBILL NO. 03-69. Tâ utter
failed due to lack of a motion. Mr. Hopkins made a motion, seconded by Mr. Purcell to deny the
special use permit to Agan Alkan for the purposes of operating a motorcycle dealership at 2605-
2607 Themis and to adopt the findings and conclusions denying the application. Upon the request
of Mr. Hopkins, city attorney Eric Cunningham explained the definition of a salvage operation
under the city code. In addition, Police Chief Steve Strong gave a brief history of noise complaints
in this area. Mr. Hopkins and Ms. Boardman expressed concerns regarding the impact of a
commercial business in a residential neighborhood. Mr. Hopkins stated he felt it was okay for Mr.
Alkan to work on motorcycles inside his accessory building; however, he was not comfortable
approving anything else. He also questioned how an accessory building was legally constructed in
this neighborhood. Following additional discussion, the motion was approved upon the following
vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
This being the date set for a public hearing regarding the filing of an application for funding from
the Missouri Highway and Transportation Department pursuant to Section 5311 of Title 49,
United States Code, to assist in funding and operating the city's taxi coupon public transit
program, the hearing was opened. There being no appearances, the hearing was closed.
BILL NO. 03-67 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION
WITH THE MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR FUNDS
TO AID IN THE FINANCING OF A PUBLIC TRANSPORTATION SYSTEM
The reading of BILL NO. 03-67 was approved and the resolution adopted upon Mr. Purcell's
motion, Mr. White's second, and the following vote: Aye, Boardman, Herbst, Hopkins, Knudtson,
Purcell, Ritter, White. Nays, none. BILL NO. 03-67 is RESOLUTION NO. 1882. Ms. Ritter
stated that public transportation is a key issue in the community. The program needs to be
evaluated to insure it is meeting the needs of the community, especially handicapped individuals.
Before the next contracting cycle, she requested city staff study and review alternatives such as
separating the providers for handicapped and non -handicapped users.
Eric Marquart appeared in support of the improvement plans for Ashland Court Phase Two and
Forest Hills Estates Second Addition Subdivision.
Mr. White made a motion, seconded by Mr. Hopkins, to approve the improvement plans for
streets, sanitary sewers and water improvements for Ashland Court Phase Two, Sewer District 14-
1-B-5. The motion was approved upon the following vote: Aye, Boardman, Herbst, Hopkins,
Knudtson, Purcell, Ritter, White. Nays, none.
Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the improvement plans for
streets, sanitary sewers and water improvements for Forest Hills Estates Second Addition,
Subdivision, Sewer District 8-m. The motion was approved upon the following vote: Aye,
Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
Mr. Tyrone Henderson appeared in support of a request for a liquor license at 823 S.
Kingshighway. He discussed his plans for operating and maintaining the facility. Mr. Knudtson
stated that there is a lengthy list of violations from previous nightclubs that were in this facility.
Following discussion, Mr. White made a motion, seconded by Ms. Boardman, to conditionally
approve a retail liquor by the drink license for Tyrone Henderson d/b/a Tee Jay's, 823 S.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Reuular Session May 5, 2003 109
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Kingshighway, Tyrone Henderson, Managing Officer. The motion was approved upon the
following vote: Aye, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
Upon questioning by Ms. Ritter, City Manager Michael Miller discussed the status of the Fountain
Street extension to the new bridge route. The finances and preliminary engineering are being
reviewed. There is federal funding involved in this project, and additional information is required.
Mayor Knudtson announced that on Monday, May 12, the City Council would hold a round -table
forum to assemble citizens and obtain feedback regarding the April 8 election issues. This will be
used as one final assessment of the vote, and then the City can move forward.
Mayor Knudtson announced that there would be a TIF Commission meeting on May 15 at 8:00
p.m. at the Osage Community Centre to review the Prestwick Proposal.
The Mayor thanked city staff, MoDOT and Notre Dame High School for meeting last week to
discuss traffic issues around the school.
The Mayor commended the Parks Department staff at Shawnee Park for working this past
weekend in the inclement weather to prepare the baseball fields for a tournament that lasted
through the weekend.
Upon questioning by the Council, Mr. Miller stated that regarding the lease/purchase agreement
for a new fire truck, the city would have ownership of the truck at the end of the lease term.
At the request of the Council, Police Chief Steve Strong reported on the recommended changes to
the City Code relating to fireworks. During 2002, the Police Department responded to
approximately 350 fireworks complaints. Staff met with the City Attorney and six changes to the
present city code are recommended: (1) clarify the provision allowing the Fire Chief to issue
permits for public fireworks displays; (2) eliminate the prohibition of sale or discharge of
fireworks within 600 feet of school or church property; (3) clarify the provision prohibiting
throwing fireworks at a motor vehicle; (4) clarify the provision prohibiting throwing fireworks at
an individual; (5) prohibit discharge of fireworks from a building; and (6) prohibit discharge of
fireworks at or onto another person's property. Upon questioning by the Council, Interim Fire
Chief Mark Hasheider explained that he does require licensed professionals for the discharge of
commercial fireworks.
BILL NO. 03-68 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE RELATING TO
FIREWORKS
Following discussion, the first reading of BILL NO. 03-68 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.
The following bills were given second and third readings.
BILL NO. 03-54 AN ORDINANCE APPROPRIATING FUNDS FOR A DESTINATION
MARKETING STUDY AT THE CONVENTION AND VISITORS
BUREAU, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Proceedings of the City Council, City of Cape Girardeau,
Regular Session May 5, 2003
700111195
BILL NO. 03-59
Mo.
110
AN ORDINANCE AMENDING SECTION 22-87 OF THE CITY 1
CODE RELATING TO POSTING NOTICES
BILL NO. 03-62 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
BILL NO. 03-63 AN ORDINANCE AUTHORIZING THE ACQUISITION OF
PROPERTY FOR THE WIDENING OF MT. AUBURN ROAD
BETWEEN INDEPENDENCE AND WILLIAM STREETS
Thee second and third readings of BILL Nos. -03-54, 03-59, 03-62 and 03-63. were 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. 03-54 is ORDINANCE NO.
3163; BILL NO. 03-59 is ORDINANCE NO. 3164; BILL NO. 03-62 is ORDINANCE NO. 3165;
BELL NO. 03-63 is ORDINANCE NO. 3166.
BILL NO. 03-65 was given first reading as follows:
AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS FROM SUSAN B.
WILLIAMS, VINCENT L. KELLEY, JAN KELLEY, TERRENCE L. KELLEY AND KIM
KELLEY FOR PROPERTY AT 25 THROUGH 37 S. FREDERICK
The first reading of BILL NO. 03-65 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. 03-70 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE/PURCHASE
AGREEMENT AND RELATED DOCUMENTS IN CONNECTION WITH THE
ACQUISITION OF CITY VEHICLES
The first reading of BILL NO. 03-70 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. 03-64 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE MISSOURI STATE EMERGENCY MANAGEMENT AGENCY FOR UPDATING
AND REVISING THE LOCAL EMERGENCY OPERATIONS PLAN IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The reading of BELL NO. 03-64 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-64 is RESOLUTION NO. 1883.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Reuular Session May 5, 200-3 III
700111195
Mayor Knudtson stated he attended a meeting regarding emergency response to acts of terrorism or
disasters at the County Emergency Preparedness Office along with representatives of the Cities of
Sikeston and Jackson. He questioned why Jackson has a partnership with Sikeston, and Cape
Girardeau is not part of this group. Chief Hasheider explained that this group is the Semo
Regional Haz-Mat Team and only deals with hazardous materials response. Cape was part of the
original planning process for this group. Former Fire Chief White elected to proceed forward with
an agreement; however, the Fire Department was uncomfortable with some of the wording in the
agreement relating to equipment ownership. In addition, funding was and still is an issue. Cape
does have initial haz-mat response up to a certain level using our haz-mat trailer.
BILL NO. 03-66 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE GROW AMERICA FUND, INC., FOR THE ESTABLISHMENT OF THE "GROW
MISSOURI FUND"
The reading of BILL NO. 03-66 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. 03-66 is RESOLUTION NO. 1884.
BILL NO. 03-71 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL
FROM BROTCKE WELL AND PUMP, INC., TO PERFORM A HYDROLOGIC
ENGINEERING INVESTIGATION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND
TO EXECUTE ALL NECESSARY CONTRACT DOCUMENTS
The reading of BILL NO. 03-71 was approved and the resolution adopted upon Mr. Hopkins'
motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-71 is RESOLUTION NO. 1885.
Upon questioning by the Council, City Engineer Mark Lester explained that under this contract
there is no penalty related to completion, and a completion date is not listed. Public Works
Director Doug Leslie continued that this company did preliminary work in a timely manner, and
the city controls the time frame. Mr. Miller further explained that the City has not had a problem
with this company in the past. The cost of this project is within the means of the bonds.
Mr. Dan Timpe was appointed to the Cable Television Advisory Committee for a term expiring
February 20, 2006, upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote:
Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
Mr. Kenn Stilson was appointed to the Vision 2020 Community Relations Council for a term
expiring December 31, 2005, upon Ms. Ritter's motion, Ms. Boardman's second, and the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
The following liquor licenses were given conditional approval upon Hr. Hopkins' motion, Mr.
Purcell's second, and the following vote: Ayes: Boardman, Herbst, Hopkins, Knudtson, Purcell,
Ritter, White. Nays, none.
Original Package Liquor and Sunday Sales:
Food Giant Supermarkets, Inc., d/b/a Food Giant #73, 1120 N. Kingshighway, Ronnie J.
Watkins, Managing Officer
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session
May 5, 2003
112
r_o_otlltss
Sam's East, Inc. d/b/a Sam's Club #6479, 232 Shirley, Jason Michael Lee, Managing Officer
Wal-Mart Stores East LP d/b/a Wal-Mart Supercenter, 3439 William, Charles Louis Bezonie,
Managing Officer
Original Package Liquor, Sunday Sales, & Wine Tasting:
Schnucks Markets Inc. d/b/a Schnucks, 19 S. Kingshighway, Robert Francis Wiegert, Managing
Officer
Wholesalers of Malt Liquor Not in Excess of 5%:
Thilenius Distributing Co., d/b/a River Eagle Distributing Co., 2346 Rust Ave., Gene H.
Patterson, Managing Officer
5% Beer by the Drink:
Chan Po Chun d/b/a Chan's Restaurant, 1159 N. Kingshighway, Chan Po Chun, Managing
Officer
Salamy Twins, Inc. d/b/a Phoenicia Restaurant, 1000 N. Sprigg, Emad P Salamy, Managing
Officer
Retail Liquor by the Drink:
Patricia A. Allen d/b/a Celebrations, 615 Bellevue, Patricia A. Allen, Managing Officer
Janet Bierschwal d/b/a Recovery Room, 1611 Independence, Janet Bierschwal, Managing
Officer
Carol Jean Littge d/b/a Pockets, 2021 Independence, Carol Jean Littge, Managing Officer
Retail Liquor by the Drink and Sunday Sales:
Ray Drury d/b/a Cape Elks Lodge #639, 639 Limbaugh, Ray Drury, Managing Officer
Gary J. Helwege d/b/a BG's Olde Tyme Deli, 205 S. Plaza Way, Gary Helwege, Managing
Officer
Efren Montano d/b/a El Acapulco Restaurant, 202 S. Mt. Auburn, Efren Montano, Managing
Officer
Outback/Missouri-II, Limited Partnership d/b/a Outback Steakhouse #2615, 101 Cape West
Parkway, Andrew Hancock, Managing Officer
Rockhouse Entertainment LLC d/b/a Show-Me's, 1751 Independence, Don Harris, Managing
Officer
Ruby Tuesday Inc. d/b/a Ruby Tuesday, 3069 William, Kevin Patrick O'Connell, Managing
Officer
Zellmer LLC d/b/a Buffalo Wild Wings, 2136 William Suite 120, William Christopher Zellmer,
Managing Officer
Wholesalers of Intoxicating Liquor - All Kinds
Major Brands, Inc. d/b/a Major Brands, 334 N. Broadview, Robert Norman Epsten, Managing
Officer
The trickling filter rehabilitation improvements completed under SRF Loan C295229-03, 1994
Sewer Bond Phase Il were accepted and final payment was authorized to Robinson Construction
Company upon Mr. White's motion, Mr. Herbst's second, and the following vote: Ayes,
Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
The improvements completed for the realignment of Main Street from approximately 20 feet south
of Mill Street to a point 226 feet north of Mill Street were accepted and final payment was
authorized to Fronabarger Concreters, Inc. upon Mr. Hopkins' motion, Ms. Boardman's second,
and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White.
Nays, none.
The bids received for the Kingsway Drive Sewer Project were rejected and city staff was
authorized to rebid the project upon Mr. White's motion, Mr. Purcell'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 May 5, 2ow 113
An 8" sanitary sewer line relocation in Lexington Place 2" d Subdivision was accepted into the
city's system upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes,
Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
A permit to allow a travel trailer to be located and occupied in Star-Vue Mobile Home Park, 1927
North Kingshighway, Lot 14 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.
There being no further business, the Council adjourned upon Mr. Purcell's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
,Jay . Knudtson, Mayor
Gayle L. Conrad, City Clerk
Proceedings of the City Council, City of Cape Girardeau, Mo.
Session 114