HomeMy WebLinkAboutCouncil.Minutes.09-15-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session September 15, 2003 213
700111195
REGULAR SESSION — SEPTEMBER 15, 2003
The Cape Girardeau City Council convened in regular session on Monday, September 15, 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
litigation and personnel pursuant to RSMo. Section 610.021(1) and (3) upon Mr. White's motion,
Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,
Purcell, Ritter, White. Nays, none.
The minutes of the August 28, 2003, closed session, September 2, 2003, regular and closed
sessions, and September 5, 2003, 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 Ms. Boardman's motion, Ms. Ritter's second, and the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
Mayor Knudtson presented a plaque to Frank Dietiker of the Public Works Department honoring
him for his 19 years of service to the city, and recognizing him on his retirement from the city.
Mayor Knudtson announced that after an extensive search, Public Works Director and Interim City
Manager Douglas Leslie was appointed as the new City Manager.
Mayor Knudtson recognized Assistant City Attorney Reagan Holliday for her fine work over the
past several weeks and for handling several important issues during the City Attorney's absence.
Mayor Knudtson announced that there will be a public hearing at the City Council meeting on
October 6, 2003, to receive input from the citizens regarding fireworks. The City Council had
previously requested city staff provide additional information regarding fireworks at the time of
the public hearing. Ms. Ritter also requested information regarding what other cities are doing and
how they are handling fireworks.
Upon the request of the Mayor, Mr. Leslie reported that the curbing has been removed on Mt.
Auburn Road at Independence. Paving should start on Wednesday to widen the driving lane, and
the striping will be completed after that.
Ms. Jane Randol Jackson gave a presentation and distributed a schedule on the Lewis and Clark
Bicentennial Commission event that will take place in the City November 21-23, 2003.
This being the date set for a public hearing to consider vacating the city's interest in a fifteen foot
alley running north/south between Lot 12 and Lots 13 and 16, Block 1, Monticello I" Addition,
the hearing was opened. There being no appearances, the hearing was closed.
BILL NO. 03-162 was given first readings as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session September 15, 2003 214
roonnss
AN ORDINANCE VACATING AN ALLEY RUNNING SOUTH OFF OF DUNKLIN STREET
TO AN EAST/WEST ALLEY BETWEEN ILLINOIS AVENUE AND PARK AVENUE IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 03-162 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.
Mr. Curtis Greer appeared regarding his request for a special use permit to operate a wholesale and
retail grocery -related consignment business from his home at 329 Edgewood, which was denied by
the Planning and Zoning Commission. Mr. Greer explained the type of business he would be
operating, presented a letter and information to the Council, and requested a public hearing before
the City Council.
Mr. Purcell made a motion, seconded by Mr. Hopkins, to set a public hearing at the October 6,
2003, City Council meeting regarding the above request of Curtis Greer. The motion was
approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
Mr. A. M. Spradling, Jr. appeared regarding the proposed ordinance to change the residency
requirement of the municipal judge. He indicated he has spoken to many people in Cape
Girardeau, and most do not see the need to go outside the city to hire a Municipal Judge. He
discussed the other three qualified candidates who interviewed for the position and expressed
concern for the 25 percent increase in salary for only two days of work. Since the person who was
hired does not live in the City, she will be required to continually use a facsimile and telephone to
execute warrants.
Mr. Pat McMenamin appeared in opposition to changing the residency requirement for the
Municipal Judge. He indicated there were three qualified applicants from within the city who
interviewed for the position. In addition, if the increased salary would have been advertised, more
attorneys would have applied for the position. He expressed concern that police officers have not
received a cost of living raise in three years, and the City Council has chosen to give a 25 percent
salary increase to the Judge. He requested the City Council deny the ordinance changing the
residency requirement for the Municipal Judge.
Mr. James Coley, 611 S. Sprigg, appeared and expressed concern that the Council appointed a
Municipal Judge who lives outside the city's tax base area. In addition, the City, through the
Convention and Visitors Bureau, hired a consultant outside the tax base to develop an image for
the city. He stated the city did not need to pay money to outside people and organizations for
services and positions that are available within the city.
Mr. Bryan Greaser appeared in opposition to changing the residency requirement for the
Municipal Judge. He stated he previously sent a letter to the Council members explaining his
stance on this issue. There were qualified candidates from within the city, and the Council is
changing the ordinance to fit the situation. He requested the Council do the right thing and follow
the binding ordinance that is already in effect.
Mr. Bill Reynolds, Cape Girardeau County Treasurer, appeared and stated that he was a firm
believer that anyone who works for the city should live within the city. The person who was hired
for the Judge position does not live in the city or even in the county. He stated rules are bent only
in extenuating circumstances, and this appointment did not qualify.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session eptemher 15, 20 21�
Judge Kim Price appeared and discussed the current case load for Municipal Court as well as the
necessity to be on call 24 hours a day, seven days a week, in order to sign warrants. She stated that
former Municipal Judge Ed Calvin was paid $56,000 per year, and his predecessor Bob Gowen
accepted far less pay for the same position. When she was hired, she simply rolled into the same
salary. She added that when her term came up, a salary review of the position was in process. The
City's Municipal Court handles cases that in most cities are handled in state court. The job
requirements have nothing to do with where a judge lives but rather are based on legal philosophy.
BILL NO. 03-154 was given second and third readings as follows:
AN ORDINANCE AMENDING CHAPTER 16 OF THE CITY CODE RELATING TO THE
RESIDENCY OF THE MUNICIPAL JUDGE
Mr. Herbst made a motion, seconded by Mr. Purcell, to approve the second and third readings of
BILL NO. 03-154 and adopt the ordinance. Mr. Herbst discussed when he was a police officer for
the city, many of the officers did not live within the city. The Council and the City Manager are
required to live within the city. No one else is so required, therefore it is a moot point to change
residency for one position. In the job announcement for the position, it was eluded to that the
salary range was under review and would depend on the qualifications. Mr. Purcell stated he did
not feel it was a matter of changing things after the fact. The job ad was open on both residency
and salary. Ms. Boardman stated she would be voting against the change in the ordinance, but it is
not a vote against the person appointed to the position. Ms. Ritter stated that this change was not a
forgone conclusion before this issue began. The Council is able to disagree and still support the
person selected for the position. Mr. White commented that each Council member voted how they
believed, and he would vote in support of this ordinance to allow the person selected to serve and
to show his support for the candidate selected by a majority of the Council. Following further
discussion, the motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,
Purcell, White. Nays, Boardman, Ritter.
Ms. Marilyn Chapman appeared regarding the request of Curtis Greer for a special use permit at
329 Edgewood. She indicated that he originally indicated he would sell coffee from his home, and
she is okay with this. However, she is not in favor of what he is wanting to do now. Mayor
Knudtson indicated there would be a public hearing on the October 6 agenda, and he suggested
that she speak with Mr. Greer before that time.
Mr. Frank Snider III appeared regarding his special use permit request for a detective agency at
901 S. Benton which was denied by the Planning and Zoning Commission. He stated he was not
given ample time at the meeting to present his case, and one person who had appeared at the
meeting on his behalf was not given the opportunity to speak. His intent is to operate the agency
from the basement of his father's home, and to display a large sign in the front yard. He felt if he
put up a sign for this type of agency, this would help deter speeders on this street. In addition, he
has requested the Police Department investigate activities at 905 and 906 South Benton, and
nothing has been done. Mayor Knudtson explained that at the last Planning and Zoning meeting,
the Commission did not take action on this request. Therefore, this request must be returned to the
Planning and Zoning Commission to either approve or deny. This will be on the October 8
Commission meeting agenda. The Mayor suggested to Mr. Snider that at the meeting he explain
to the Commission the type of business he will be operating and his intent to place a large sign in
the yard.
Proceedings of the City Council,
Regular Session _
City of Cape Girardeau,
September 15, 2003
AM
216
700111195
Mr. Frank Snider, Sr. appeared and explained that there would be adequate off street parking to
operate this in-home business at 901 S. Benton.
Mr. James Barnes, a private investigator for Mr. Snider, appeared in support of the request for a
special use permit to operate the detective agency at 901 S. Benton.
Mr. Wayne Mattes appeared regarding extending the valid period of the improvement plans for
Woodland Place Tenth Subdivision as presented by David Gerlach. He stated he and other
property owners in the area had previously requested the City Council not to allow Mr. Gerlach to
construct a home on Abbey Road next to the detention basin. This residence was allowed to be
built, has been occupied since March, and the property is still a mess. There is drain tile and
masonry work still lying in the yard, the weeds are overgrown, and the place is generally a mess.
He requested that the property owner be required to clean up the mess and bring the property up to
code. City Manager Doug Leslie stated that a contractor has two years from the date of issuance of
a building permit to commence and compete construction of a structure. Inspections Services
Director Robb McClary continued that once a structure is complete, the city can issue an
occupancy permit; however, the building codes do not require completion of the yard. This could
be considered under the Minimum Property Maintenance Code issue, and he will check into this
property. Mayor Knudtson explained that the City Council had pledged to get issues with this
developer worked out, and as of this date have not. The City is currently in litigation with the
developer, and he claims this has deterred his ability to complete the subdivision and necessitates
the extension. Mr. Leslie has a meeting scheduled with the developer within the next week.
Mr. Al Stoverink of Southeast Missouri State University appeared in support of the application for
enhancement funds for the Welcome Center on the River Campus. Following discussion, Mr.
Purcell made a motion, seconded by Ms. Boardman, endorsing the application of Southeast
Missouri State University for Enhancement Funds from the Missouri Department of
Transportation for design and construction of an affiliated Welcome Center on the River Campus.
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 Mr. White, referring back to the Planning and Zoning
Commission the request of Frank Snider III for a special use permit to operate a private detective
agency out of the home of Frank Snider, Sr., and a request for an advertising sign at 901 S.
Benton. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell, Ritter, White. Nays, none.
Mr. John Goff, Pastor of Cape Girardeau Church of God at 620 S. Ellis, appeared and presented a
petition in opposition to a request that was approved by the Planning and Zoning Commission to
place a convenience store at the southeast corner of Sprigg and Highway 74. Members of the
church and parents of the children at the daycare who are opposed to the request signed the
petition. There are concerns with the sale of alcohol near the church as well as traffic safety and
congestion at this intersection. He requested the Council vote in opposition to this request.
Mr. Eldon Nattier appeared in opposition to the request for a convenience store at Sprigg and
Highway 74. Many citizens appeared at the commission in opposition to the request; however, the
Commission still voted unanimously for the request. Mr. Bob Blank, who has an interest in the
business, did recuse himself from voting. Mr. Nattier expressed concerns with increased crime,
increased traffic congestion, and possible adverse affects on property values. With the new
extension of Fountain Street being completed, there could be a sign placed on Highway 74
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session September 15, 2003 217
T00111195
directing the traffic to the convenience stores on Morgan Oak. He requested the council f l
reconsider this issue. II
Mr. James Coley, 611 S. Sprigg, also appeared regarding the request for a convenience store. He
gave a brief history of the awards and acclamations he has received for renovating the structure at
611 South Sprigg. He questioned the integrity of all of the members of the Planning and Zoning
Commission. He called for an investigation of each member of the commission for their actions at
the October 8 meeting. There was a conflict of interest on this issue by Commission member Bob
Blank. In the draft version of the minutes he did abstain from voting; however, he did not disclose
his conflict of interest. This questions whether he properly recused himself. He also said there
were violations of procedure by Chairman Harry Rediger, and these issues need to be investigated.
Mayor Knudtson directed Mr. Coley to put his allegations in writing and present them to the City
Council.
Mr. Mary Skelton, 635 S. Sprigg, appeared in opposition to the request for the convenience store
at Sprigg and Highway 74, and requested the other residents of the neighborhood who opposed the
request to introduce themselves. They were Dwayne Winemiller; Billy Newsome, 623 South
Sprigg; Patsy and Charles Langston, 703 South Sprigg.
Mayor Knudtson announced that there would be a public hearing on the October 6 City Council
agenda regarding the request for a special use permit for a convenience store at the southeast
corner of Sprigg and Highway 74.
The following bills were given second and third readings:
BILL NO. 03-151 ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS,
PERMANENT UTILITY EASEMENTS, AND TEMPORARY
CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY
OWNERS FOR THE IMPROVEMENT OF SILVERS SPRINGS ROAD
BETWEEN MISSOURI ROUTE 74 AND MT. AUBURN ROAD
BILL NO. 03-155 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247
OF THE CITY CODE, BY REPEALING CERTAIN NO PARKING ON
NEW MADRID STREET AND ESTABLISHING NEW NO PARKING
ON NEW MADRID STREET, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 03-156 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DSW
DEVELOPMENT CORPORATION AND AAT COMMUNICATIONS
CORPORATION FOR THE PURPOSE OF MAINTAINING AND
OPERATING A 195 FOOT CELLULAR COMMUNICATION TOWER
AND EQUIPMENT PAD, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU
BILL NO. 03-157 AN ORDINANCE ENACTING A NEW SECTION 26-49 OF THE
CITY CODE RELATING TO SPECIAL ASSESSMENT PROJECTS
BILL NO. 03-158 AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE
RELATING TO ALCOHOLIC BEVERAGES AND HOURS OF SALE
Proceedings of the City Council, City of Cape Girardeau,
Regular Session September 15, 2003
Mo.
218
Toon 11 ss
The secondand third readings of BILL Nos. 03-151, 03-155, 03-I3b, 0-7376fid 03-158 were
approved and the ordinances 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. 03-151 is ORDINANCE NO. 3221; BILL NO. 03-155 is ORDINANCE NO. 3222;
BILL NO. 03-156 is ORDINANCE NO. 3223; BILL NO. 03-157 is ORDINANCE NO. 3224;
BILL NO. 03-158 is ORDINANCE NO. 3225.
BILL NO. 03-160 was given first reading as follows:
AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, PERMANENT SLOPE
EASEMENTS, A PERMANENT INGRESS/EGRESS EASEMENT, A TEMPORARY ACCESS
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS
PROPERTY OWNERS FOR THE IMPROVEMENT OF BLOOMFIELD ROAD AND THE
REPLACEMENT OF THE RAMSEY BRANCH BRIDGE
The first reading of BILL NO. 03-160 was approved upon Mr. Hopkins' motion, Ms. Boardman's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
BILL NO. 03-165 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO
BRECKENRIDGE THREE LIMITED PARTNERSHIP FOR UNNEEDED RIGHT-OF-WAY
ON LOUISIANA AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 03-165 was approved upon Mr. Purcell's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
BILL NO. 03-166 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 39-302(c) OF THE CITY CODE RELATING TO
INDUSTRIAL WATER RATES
The first reading of BILL NO. 03-166 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. 03-167 was given first reading as follows:
AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CAPCO
INVESTMENTS LTD FOR THE CONSTRUCTION OF A PEDESTRIAN BRIDGE OVER
MISSOURI ROUTE 74 AT ELLIS STREET
The first reading of BILL NO. 03-167 was approved upon Mr. Hopkins' motion, Mr. Herbst's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
BILL NO. 03-159 was presented as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session September 14, 2003 219
- - _--_ - 700111195
A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A
LICENSE AND INDEMNITY AGREEMENT WITH CAPAHA BANK FOR CONSTRUCTION
AND MAINTENANCE OF A SERVICE DRIVE DESIGNED TO BE USED FOR MOTOR
VEHICLE ACCESS OVER AND ACROSS A PART OF THE CAPE LA CROIX
CREEK/WALKER BRANCH FLOOD CONTROL PROJECT RIGHT-OF-WAY
Mr. White made a motion, seconded by Mr. Herbst, to approve the reading of BILL NO. 03-159
and to adopt the resolution. Mr. Herbst made a motion, seconded by Mr. Hopkins, to amend the
resolution by removing the word "Interim". 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. 03-159 is RESOLUTION NO.
1916.
BILL NO. 03-161 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A T -HANGAR
RENTAL AGREEMENT WITH ANDREW HILL, AT THE CAPE GIRARDEAU REGIONAL
AIRPORT
The reading of BILL NO. 03-161 was approved and the resolution adopted upon Ms. Ritter's
motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-161 is RESOLUTION NO. 1917.
BILL NO. 03-164 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH LAPPE CEMENT FINISHING, INC., FOR SILVER SPRINGS ROAD PHASE IV
PAVEMENT CONSTRUCTION FROM SOUTH OF SHAWNEE PARKWAY TO SOUTH MT
AUBURN ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 03-164 was approved and the resolution adopted 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. 03-164 is RESOLUTION NO. 1918.
Mr. Leslie explained that at the intersection of Silver Springs and Mt. Auburn there is a need to
transition to a four-way intersection. In order to do this, there will be a sharp curve; however, staff
is aware of this and will have corrective elevations to help alleviate the sharpness of the curve.
A 5% beer by the drink license for Minkin Enterprises, LLC d/b/a Caf6 Azu, 1315 Broadway, Erik
Viktor Minkin, Managing Officer, was approved upon Mr. Herbst's motion, Mr. Hopkins' second,
and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White.
Nays, none.
A temporary 5% beer by the drink license for the City of Roses Music Heritage Association for an
event to be held September 26-27, 2003, at three locations in downtown Cape Girardeau,
including two in Riverfront Park and one on the Main Street parking lot, 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.
Mr. Hopkins made a motion, seconded by Mr. White, to extend the valid period of the
improvement plans for Woodland Place Tenth Subdivision. Upon questioning by Ms. Ritter, Mr.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular
Session
September 15, 2003 220
700111195
Leslie explained that he has a meeting scheduled with the developer to attempt to resolve many
issues that have developed over the last several years. Mr. Leslie proposed a one-year extension to
allow time for the litigation to be resolved and the development to move forward. City Engineer
Mark Lester further explained that if the extension is not approved, the developer will be required
to resubmit the improvement plans and to start the approval process over again. Following further
discussion by the Council, Mr. Hopkins and Mr. White withdrew their motion and second
respectively. Ms. Ritter made a motion, seconded by Mr. Boardman, to table action on the request
of David Gerlach to extend the valid period of the improvement plans for Woodland Place Tenth
Subdivision. The motion to table was approved upon the following vote: Ayes, Boardman,
Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Leslie and Mr. Lester will
report back to the Council on this issue.
The improvement plans for Arbor Heights Second Addition, Sewer District 14-R-3, were
approved upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes,
Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, none. Mr. White abstained for
financial reasons since his residence is adjacent to this subdivision.
Police Chief Steve Strong announced that there will be a Neighborhood Watch Picnic at 401 South
Ellis at 6:00 p.m. on September 16, and all City Council members are invited to attend.
There being no further business, the meeting adjourned upon Mr. Purcell's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
Knudtson, Mayor
Gayle L. Conrad, City Clerk