HomeMy WebLinkAboutCouncil.Minutes.05-17-2004.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session May !7, 2004 379
REGULARSESSION — MAY 17, 2004
The Cape Girardeau City Council convened in regular session on Monday, May 17, 2004, 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.
Rev. Sam Ramdial of First General Baptist Church presented the invocation, and the Pledge of
Allegiance was recited.
Prior to the regular session, the Council convened in closed session for purposes of discussing
property acquisition, litigation and confidential communications with the City Attorney, pursuant
to RSMo. Sections 610.021(1) and (2), upon Mr. White's motion, Mr. Herbst's second, and the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
The minutes of the May 3, 2004, regular and closed sessions were approved upon Ms. Ritter's
motion, Mr. Herbst's 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, Mr. Purcell's second, and
the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,
none.
Mayor Knudtson read a proclamation declaring the week of May 16-22, 2004 as National Public
Works Week.
Regarding the traffic study report prepared by the City Engineer, Ms. Ritter requested city staff
contact all the individuals who had concerns regarding traffic issues at the locations addressed in
the report.
Mr. Hopkins thanked the Noon Optimist Club and Charlie Herbst for the Respect for Law Day
barbeque they held at the Cape Girardeau Police Department.
Ms. Boardman stated that there were several individuals in the audience who had signs and
stickers supporting the June 8`' election, and if anyone was interested in posting a sign, to please
contact one of them after the meeting. In addition, she reminded citizens that absentee voting is
now available, and will continue through the day before the election.
Mayor Knudtson presented a certificate of appreciation to Felix Kinsley for his many years of
service on the Historic Preservation Commission.
Mayor Knudtson reported on the following:
1. Commended City Manager Doug Leslie, City Clerk Gayle Conrad, and City staff for
coordinating the annual Optimist Club Youth in Government Day.
2. Police Chief Steve Strong hosted the Kiwanis Club International President in Cape Girardeau,
and he thanked Chief Strong for being an active part of the community.
3. The Police Department and Fire Department will host open houses this Saturday, May 22, from
1:00 to 4:00 p.m., and he encouraged all citizens to visit these facilities.
4. The Public Works Department has begun its mosquito fogging program two to three nights per
week, and this will continue through the summer.
5. The Bill Emerson Memorial Bridge lights are again up and running.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session May 17, 2004 380
6. City Staff will be scheduling a joint meeting with the City Council and the Cape Girardeau
Public School Board of Education in the near future.
7. He attended the VFW Building groundbreaking ceremony and learned that the Cape Girardeau
Post is the largest in the state of Missouri.
City Manager Doug Leslie reported that on Wednesday, May 19, at 10:00 a.m., there will be a
ribbon cutting to officially commemorating the reopening of the Cape Rock Water Treatment Plant
with tours to follow. There will also be an open house at the plant on Saturday, May 22, from
noon to 4:00 p.m.
This being the date set for a public hearing regarding a petition for voluntary annexation from
Drury Land Development, Inc. for a tract of land being a part of Lot Nos. 1 and 2 of
Commissioners Plat of Subdivision of U.S. Private Survey No. 3090, the hearing was opened. Mr.
Chris Bowen appeared in support of the request and to answer any questions. There being no
further appearances, the hearing was closed.
Ms. Sara Guebert appeared regarding her request for a special use permit at 2034 Andrew for a
woodworking business in her home. The request was denied by the Planning and Zoning
Commission on May 12. She said that the Planning and Zoning Commission stated they regularly
deny home business requests; however, at the same meeting the Commission approved a home
appraisal business. She requested that a public hearing be held on this matter. Mayor Knudtson
announced that a public hearing will be held at the City Council meeting on June 7.
Mr. Brandon Williams appeared regarding the record plat of Rock Creek Meadows Townhouses
Phase I and requested emergency reading on the ordinance. The plat was approved by the Planning
and Zoning Commission on April 15 and should have been on the Council agenda on April 19.
When the title company called to pick up the plat, it was informed that there was a problem with
the plat and it had not been presented to the Council for approval. He stated he has two
individuals interested in purchasing lots in this subdivision, and they both have loans for an
interest rate that is locked in until June 6. If this plat is not approved as an emergency, this will
create a hardship on the buyers. City Planner Kent Bratton explained that there was a problem
with the legal description on the plat, and the Commission approved it on the condition that this
error would be corrected. A letter was sent to Mr. Williams on March 29 advising him of the
problem with the plat. The City Council and City Staff discussed the process of notifying
developers and interested parties on actions that are necessary on development issues. The
Council further discussed the regulations on adopting ordinances as emergency measures and
whether this would fall under one of the qualifications.
Following further discussion, Mr. Hopkins made a motion, seconded by Ms. Boardman, to declare
BILL NO. 04-101 as an emergency measure and proceed with all three meetings. The motion was
approved upon the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter.
Nays, White.
BELL NO. 04-101 was given first, second, and third readings as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF ROCK CREEK MEADOWS
TOWNHOUSES PHASE I
The first, second and third readings of BILL NO. 04-101 were approved and the ordinance
adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes,
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session May 1717004 391—
Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-101 is
ORDINANCE NO. 3315.
Mr. Charles Mattingly appeared and discussed safety concerns of the residents on South Hanover
Street near Ranney Park. Individuals, including drug dealers and users, are walking the streets and
intimidating the residents in the area. When the residents contact the Police Department, the
officers are notified by radio. Since the individuals have scanners, they know when the officers
are coming and then they leave the area. He suggested officers use cell phones instead of radios to
communicate. He also stated that many dog fights are occurring in this area. The Council
discussed the problems in this neighborhood as well as the problems faced by the Police
Department in responding to complaints, including manpower shortage. Police Chief Steve Strong
explained that the city does not have funds to supply cell phones to all police officers, and the
department is short-staffed, including the recent loss of one drug investigator. The Council
discussed the ramifications of the June 8 election for the Fire Sales Tax, and questioned how this
would affect the Police Department if it is approved. Chief Strong explained it would help his
department keep experienced officers, be competitive in hiring new officers, and help to provide
better equipment for the officers. Mayor encouraged all citizens to vote on June 8�h.
Mr. Don Howard appeared and also expressed concerns about drug problems in the southern part
of town. He stated that there needs to be improvement in the services provided by the Police
Department. He expressed his opposition to the tax and encouraged all citizens to vote it down
until improvement is shown in the Police Department.
The following bills were given second and third readings:
BILL NO. 04-90 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
QUIT CLAIM DEED TO MARQUETTE OFFICE BUILDING, L.L.C.,
FOR REAL PROPERTY LOCATED IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 04-89 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
QUIT CLAIM DEED TO ZIMMER PROPERTIES, L.L.C., FOR REAL
PROPERTY LOCATED IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 04-91 AN ORDINANCE AUTHORIZING EXECUTION OF AN AIRPORT
ASSISTANCE AGREEMENT BETWEEN THE STATE HIGHWAYS
AND TRANSPORTATION COMMISSION OF MISSOURI AND THE
CITY OF CAPE GIRARDEAU MISSOURI FOR THE CAPE
GIRARDEAU REGIONAL AIRPORT
BILL NO. 04-93 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
DENNIS PENNINGTON AND WENDY PENNINGTON FOR THE
PURPOSE OF MAINTAINING AND OPERATING A DAYCARE
LOCATED AT 832 SOUTH SPRIGG STREET, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
BILL NO. 04-94 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
BY CHANGING THE ZONING OF 602, 606 AND 608 MAPLE, AND
Proceedings of the City Council, City of Cape Girardeau, Mo.
lar Session May 17, 2004 382
630 AND 634 SOUTH SPRIGG, CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI FROM R-3 TO C-1
The second and third readings of BILL Nos. 04-90, 04-89, 04-91, 04-93 and 04-94 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.
04-90 is ORDINANCE NO. 3316; BILL NO. 04-89 is ORDINANCE NO. 3317; BILL NO. 04-91
is ORDINANCE NO. 3318; BILL NO. 04-93 is ORDINANCE NO. 3319; BILL NO. 04-94 is
ORDINANCE NO. 3320.
BILL NO. 04-95 was given first reading as follows:
AN ORDINANCE ACCEPTING A PERMANENT STORMWATER EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS
FOR THE IMPROVEMENT OF MINNESOTA AVENUE BETWEEN BLOOMFIELD ROAD
AND BRINK STREET
The first reading of BILL NO. 04-95 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. 04-96 was given first reading as follows:
AN ORDINANCE ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM
VARIOUS PROPERTY OWNERS FOR THE CONSTRUCTION OF THE LEXINGTON
TRACE SIDEWALK/TRAIL SYSTEM
The first reading of BILL NO. 04-96 was approved upon Ms. Herbst's motion, Mr. Hopkins'
second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none. Upon questioning by the Council, Mr. Leslie explained that this is a grant
funded project under the MoDOT Enhancement Program and includes construction of a trail
system on Lexington from Cape LaCroix Creek to Perryville Rd, and on Perryville Road from
Lexington to Cape Rock Drive. This is Phase I of the project.
BILL NO. 04-99 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 2 OF CITY CODE RELATING TO ADVISORY
BOARDS
The first reading of BILL NO. 04-99 was approved upon Mr. Herbst's motion, Mr. Hopkins'
second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none. Ms. Boardman questioned if the increase in number of members on each
board could also be the cause of many vacancies. Mayor Knudtson stated that in the mid 1990's,
the advisory boards were each increased by two members; however, attendance requirements were
also put into place at that time. This ordinance will extend term limits to three terms and allow an
individual to reapply for a board after he or she has been off the board for a one year period.
BILL NO. 04-100 was given first reading as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regula. Session May 17, 2004 383
ANORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE,
BY PLACING A STOP SIGN ON GREENBRIER DRIVE AT ITS INTERSECTION WITH
PERRYVILLE ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 04-100 was approved upon Mr. Herbst's motion, Ms. Boardman's
second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White (abstain). Nays, none.
BILL NO. 04-102 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF TEXAS ROADHOUSE
SUBDIVISION
The first reading of BILL NO. 04-102 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. 04-97 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND
INDEMNITY AGREEMENT WITH KIDD II, INC., FOR INSTALLATION OF A
GROUNDWATER MONITORING SYSTEM WITHIN THE RIGHT-OF-WAY OF
KINGSHIGHWAY AND THEMIS STREET, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The reading of BILL NO. 04-97 was approved and the resolution adopted upon Mr. Hopkins
motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-97 is RESOLUTION NO. 1970.
Upon questioning by Mr. Ritter, Mr. Leslie explained the purposes of the groundwater monitoring
system at this location. The Missouri Department of Natural Resources is requiring the monitoring
of the soil.
BILL NO. 04-98 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
SUBORDINATION AGREEMENT WITH WOOD & HUSTON BANK FOR A SECOND
DEED OF TRUST FOR PROPERTY OWNED BY DANIEL R. KREITER AND ROSEMARY
N. KREITER
The reading of BILL NO. 04-98 was approved and the resolution adopted upon Mr. Hopkin's
motion, Ms. Boardman's second, and the following vote: ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-98 is RESOLUTION NO. 1971.
Mr. Donald Heuring was appointed to the Ethics Commission for a term expiring June 16, 2009,
upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst,
Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
The following liquor licenses were renewed upon Mr. White's motion, Mr. Hopkins' 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 17, 2004 384
Original Package Liquor and Sunday Sales:
C&R Oil LLC d/b/a D -Mart #6, 263 Farrar Drive, Bradley Smith, Managing Officer.
Drury Petroleum Corp. d/b/a Amoco, 3276 William, Bradley Smith, Managing Officer.
Retail Liquor by the Drink and Sunday Sales:
Edwin E. Rhodes d/b/a VFW Post #3838, 1049 N. Kingshighway, Edwin Rhodes, Managing
Officer.
Two Lexus d/b/a Broussards Cajun Cuisine, 120 N. Main, Michael Clark, Managing Officer
Willy's Beach Club LLC d/b/a Nick's Family Sports Club, 1 N. Main, Robert Dewayne
LaGore
Conditional renewal:
Original Package Liquor and Sunday Sales:
Bi -State Oil Co. d/b/a Bi -State Southern, 400 Morgan Oak
Bi -State Oil Co. d/b/a Bi -State Southern Too, 920 N. Kingshighway
Robert Scott Blank, Managing Officer.
Food Giant Supermarkets Inc. d/b/a Food Giant #73, 1120 N. Kingshighway, Ronnie
Watkins, Managing Officer
DSW Development Corp d/b/a Shell Cape, 3415 William, Bradley Smith, Managing Officer
Semo Gas Inc d/b/a Sprigg Street Station 40 N. Sprigg, Toni Asif Majeed-Farmer, Managing
Officer
American Retail Services LLC d/b/a Wink's Convenience Store #1, 2021 Perryville Rd.,
Bobbi Hadley, Managing Officer
Retail Liquor by the Drink and Sunday Sales:
Gourmet Systems Inc d/b/a AppleBee's Neighborhood Grill & Bar, 202 S. Broadview,
Robert Steinkamp, Managing Officer
Gary Helwege d/b/a BG's Olde Tyme Deli, 205 S. Plaza Way, Gary Helwege, Managing
Officer
Michael Hess d/b/a Breakaways, 15 N. Main, Michael Hess, Managing Officer
Zellmer LLC d/b/a Buffalo Wild Wings, 2136 William, William Zellmer, Managing Officer
Cape Girardeau Country Club Trust, 250 Country Club Drive, Cathy Johnson Fowler,
Managing Officer
Drury Lodge Inc, 3624 William, Larry Dean Welker, Managing Officer
El Torero Inc, 2120 William, Delia Trejo, Managing Officer
Logan's Roadhouse Inc, 3012 William, John Todd King, Managing Officer
Outback Missouri II LLP d/b/a Outback Steakhouse #2615, 101 Cape West Parkway,
Andrew Hancock, Managing Officer
Somchai Prasanphanich d/b/a Pagoda Gardens, 329 S. Kingshighway, Somchai
Prasanphanich, Managing Officer
Ruby Tuesday Inc, 3069 William, Nathan Downing, Managing Officer
Mid America Trading LLC d/b/a Saffron, 97 N. Kingshighway #10, Supaporn Hill,
Managing Officer
Rockhouse Entertainment LLC d/b/a Show-Me's, 1751 Independence, Don Harris, Managing
Officer
Darryl James d/b/a West Park Bowling Lanes, 354 S. Silver Springs Rd., Darryl James,
Managing Officer
Retail Liquor by the Drink:
Brenda S. LaRose d/b/a Brothers Again, 2023 Independence, Brenda LaRose, Managing
Officer
Drury Inns Inc d/b/a Drury Suites, 3303 Campster, Randy Kluge, Managing Officer
McGroarty's Inc d/b/a Jeremiah's, 127 N. Water, Donald Ganim, Managing Officer
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session M. 3, 17 7004
David McAllister d/b/a Mac's Smokehouse, 525 N. Silver Springs, David McAllister,
Managing Officer
Tamara Zellars Buck d/b/a The Phat Cat, 731 Broadway, Tamara Buck, Managing Officer
Glueck's Bar LLC d/b/a Players, 632 Broadway, Fred Glueck, Managing Officer
Night Clubs Inc d/b/a Stephanie's Cabaret, 805 Enterprise, Carol Kellison, Managing Officer
Wholesaler of Intoxicating Liquor — Under 22%:
William H. Bess d/b/a Bluff City Beer Co., 450 Siemers Dr., William Bess, Managing
Officer
Wholesaler of Intoxicating Liquor — All Kinds:
Major Brands Inc, 334 N. Broadview, Robert Epsten, Managing Officer
S% Beer By The Drink:
Salamy Twins Inc d/b/a Phoenicia, 1000 N. Sprigg, Emad Salamy, Managing Officer
Midwest Energy Inc d/b/a Ye Ole House, 120 Broadway, Laura Younghouse, Managing
Officer
S% Beer By The Drink and Wine Tasting:
Debra Martin d/b/a Patricia Ann's, 130 N. Main, Debra Martin, Managing Officer
S% Beer By The Drink and Sunday Sales:
R & V Enterprises Inc d/b/a Pagliai's Pizza & Pasta, 1129 Broadway, Ronald Bohnert,
Managing Officer
The preliminary plat of Prestwick Plantation was approved upon Mr. Hopkin's motion, Mr.
Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell,
Ritter, White. Nays, none.
The sanitary sewer improvements completed under the Arena Creek Replacement Sewer CSO
Program Phase II were accepted, and final payment to Robinson Construction Company was
authorized upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes,
Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
The improvement plans for Arbor Heights Third Addition, Sewer District 14-R-3 were approved
upon Ms. Boardman'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 because he lives adjacent to this subdivision.
Mr. White made a motion, seconded by Mr. Hopkins, to participate in Sales Tax Holiday on
August 13-15, 2004. The motion was approved upon the following vote: ayes, Boardman, Herbst,
Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Ms. Ritter stated that the Council had
discussed this issue at previous meetings. The Council was waiting on support from the Chamber
of Commerce Board of Directors, and they have now given their support. Mayor Knudtson
thanked Joyce Hunter and Brandon Ivey of Westfield Shoppingtown and Catherine Dunlap from
Old Town Cape for the information they provided on this issue.
Mr. White made a motion, seconded by Mr. Purcell, to table acceptance the 2004-2005 proposed
budget and performance measures for the Convention and Visitors Bureau. Mayor Knudtson
explained this was discussed in the study session. The Chamber of Commerce is going to provide
additional information on salaries, and then final action will coincide with approval of the City's
annual budget. The motion was approved upon 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 17, 2004 386
Regarding the request of Sara Jane and Perry Lee Guebert for a special use permit to operate a
small woodworking business from their home located at 2034 Andrew, Mr. Herbst requested that
all adjoining property owners be notified about the public hearing on this matter.
There being no further business, the meeting adjourned upon Mr. Hopkins' motion, Ms.
Boardman's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell,
Ritter, White. Nays, none.
Jay B. udtson, Mayor
Gayle L. C nr d, City Clerk