HomeMy WebLinkAboutCouncil.Minutes.06-21-2004.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
Session dans 24, 2004 403
REGULAR SESSION — JUNE 21, 2004
The Cape Girardeau City Council convened in regular session on Monday, June 21, 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.
Mr. White 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
litigation and confidential communications with the City Attorney pursuant to RSMo. Sections
610.021(1), 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 June 7, 2004, regular and closed sessions, and the June 11, 2004, special
session were approved upon Mr. White's motion, Mr. Purcell's second, and the following vote:
Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
The agenda was adopted as distributed, with Bill No. 04-111 being removed, 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. 04-111 reads as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO TIMOTHY JOPLIN AND
DONNA JOPLIN FOR THE PURPOSE OF MAINTAINING AND OPERATING AN
APPRAISAL OFFICE LOCATED AT 226 ALBERT STREET, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU, MISSOURI
Mr. Hopkins commented that he noticed additional police presence in the Hanover Street area.
Mr. White stated he has received questions from citizens regarding the employee salary survey,
including who is completing it and how it is being funded. City Manager Doug Leslie explained
that an outside firm has been contracted to complete a formal salary study and benefits review.
The firm has dedicated 17 people to complete this study within 90 days, and over 50 percent of the
City's workforce will be interviewed. This will be a fair and equitable process to make the city's
salary and benefit package competitive and to achieve compliance with new regulations of the Fair
Labor Standards Act.
Mayor Knudtson presented the following:
1. He thanked the Public Works Department for its quick response in picking up tree limbs from
the recent storm.
2. He received positive comments from a citizen regarding the pleasant and efficient treatment he
received from Martha Brown and John Creutz.
3. A joint meeting with the Cape Girardeau Public School Board of Education has been scheduled
for Monday, July 12, at 6:00 p.m. at the Osage Community Centre.
4. A neighborhood meeting regarding the Broadway/Henderson Street Project has been scheduled
for June 23, 7:00 p.m.
Proceedings of the City Council, City of Cape Girardeau, Mo.
lar Session June 21, 2004 404
APPEARANCES
Ms. Jean Mason, Mr. Tom Slinkard and Mr. Mike Weterall of AmerenUE appeared before the
Council and presented information regarding AmerenUE, including staff levels, recent power
outages, current and pending projects.
Ms. Susan Russell appeared in support of the Development Agreement between the City and Sears
and to answer any questions.
BILL NO. 04-120 was given second and third readings as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
DEVELOPMENT AGREEMENT WITH SEARS, ROEBUCK AND CO., AND THE COUNTY
OF CAPE GIRARDEAU, MISSOURI, FOR THE CONSTRUCTION OF CERTAIN PUBLIC
IMPROVEMENTS, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
The second and third readings of BILL NO. 04-120 were 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. 04-120 is
ORDINANCE NO. 3326.
Mr. Gary Arnold appeared in support of record plat of Brookshire Estates Sixth Subdivision and to
answer any questions.
BILL NO. 04-126 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF BROOKSHIRE ESTATES SIXTH
SUBDIVISION
The first reading of BILL NO. 04-126 was approved upon Mr. Herbst's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
Mr. Kenny Ochs appeared in support of the record plat of Wyandotte Acres Fourth Addition and
to answer any questions.
BILL NO. 04-127 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF WYANDOTTE ACRES FOURTH
SUBDIVISION
Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO.
04-127. Mr. White made a motion, seconded by Mr. Purcell, to grant a variance from Section 25-
88 of the Subdivision Regulations, which requires installation of sidewalks. The amending motion
was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Purcell, Ritter, White.
Nays, none. The original motion was approved as amended upon the following vote: Ayes,
Boardman, Herbst, Hopkins, Purcell, Ritter, White. Nays, none. Mayor Knudtson abstained from
both motions because the financial institution he works for has a working relationship with Mr.
Oaks.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session j„ne 21, 2004 405
Ms. Catherine Dunlap appeared in support of the contract between the City and Old Town Cape
and to answer any questions.
BILL NO. 04-131 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
BETWEEN THE CITY OF CAPE GIRARDEAU AND OLD TOWN CAPE, INC.
The reading of BILL NO. 04-131 was approved and the resolution adopted 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. 04-131 is RESOLUTION NO. 1975.
Ms. McKinney appeared in support of the record plat of McKinney Subdivision and to answer any
questions.
BILL NO. 04-115 was given second and third readings as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF MCKINNEY SUBDIVISION
The second and third readings of BILL NO. 04-115 were approved and the resolution adopted
upon Mr. Purcell's motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst,
Hopkins, Purcell, Ritter, White. Nays, none. Mayor Knudtson abstained for financial reasons
because the financial institution for which he works is making a loan to the applicant's daughter on
the subject property. BILL NO. 04-115 is ORDINANCE NO. 3327.
CONSENT ORDINANCES
The following bills were given second and third readings:
BILL NO. 04-107 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE
GIRARDEAU, MISSOURI, UPON THE REQUEST OF DRURY
LAND DEVELOPMENT, INC.
BILL NO. 04-108 AN ORDINANCE AUTHORIZING THE ACQUISITION OF
PROPERTY FOR THE IMPROVEMENT OF BLOOMFIELD ROAD
BETWEEN SIEMERS DRIVE AND STONEBRIDGE DRIVE
BILL NO. 04-110 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
BY CHANGING THE ZONING OF PROPERTY LOCATED WEST OF
SHIRLEY DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI, FROM R-1 TO C-3
BILL NO. 04-112 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE
RETIREMENT COMMUNITY, INC., D/B/A CHATEAU
GIRARDEAU FOR THE PURPOSE OF CONSTRUCTING,
MAINTAINING AND OPERATING A SIGN LOCATED AT 3120
INDEPENDENCE STREET, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
Proceedings of the City Council, City of Cape Girardeau, Mo.
ular
BILL NO. 04-114
Session June 21, 2004 406
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
SPANISH COURT, L.L.C., FOR THE PURPOSE OF
CONSTRUCTING, MAINTAINING AND OPERATING
TOWNHOUSES LOCATED AT 210 NORTH SPANISH STREET, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 04-116 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A SUPPLEMENTAL MUNICIPAL AGREEMENT WITH
THE MISSOURI HIGHWAYS AND TRANSPORTATION
COMMISSION FOR IMPROVEMENTS ON ROUTE K, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 04-117 AN ORDINANCE ADOPTING THE ANNUAL OPERATING
BUDGET FOR THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR
THE FISCAL YEAR BEGINNING JULY 1, 2004
BILL NO. 04-105 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH KELLEY TRANSPORTATION
CO., INC., FOR SUBSIDIZED TRANSPORTATION COUPON
SERVICES
BILL NO. 04-118 AN ORDINANCE APPROVING THE RECORD PLAT OF
LEXINGTON VILLA SUBDIVISION
BILL NO. 04-121 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEVELOPMENT AGREEMENT WITH DRURY LAND
DEVELOPMENT, INC., AND THE COUNTY OF CAPE
GIRARDEAU, MISSOURI, FOR THE IMPROVEMENTS, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
The second and third readings of BILL Nos. 04-107, 04-108, 04-110, 04-112, 04-114, 04-116,
04-117, 04-105, 04-118 and 04-121 were approved and the ordinances adopted upon Mr. Herbst's
motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell, Ritter, White. Nays, none. Mr. Purcell abstained for financial reasons on
BELL NO. NO. 04-114 due to his agreement with John Wyman for purchase of other property.
BILL NO. 04-107 is ORDINANCE NO. 3328; BILL NO. 04-108 is ORDINANCE NO. 3329;
BILL NO. 04-110 is ORDINANCE NO. 3330; BILL NO. 04-112 is ORDINANCE NO. 3331;
BILL NO. 04-114 is ORDINANCE NO. 3332; BILL NO. 04-116 is ORDINANCE NO. 3333;
BILL NO. 04-117 is ORDINANCE NO. 3334; BILL NO. 04-105 is ORDINANCE NO. 3335;
BILL NO. 04-118 is ORDINANCE NO. 3336; BILL NO. 04-121 is ORDINANCE NO. 3337.
NEW ORDINANCES
BILL NO. 04-106 was given first reading as follows:
AN ORDINANCE ACCEPTING PERMANENT STORM WATER EASEMENTS FROM
CHRIS J. JANET, JILL A. JANET AND TED D. LOSO FOR STORM WATER
IMPROVEMENTS AT 2419 AND 2415 GLENDRIDGE DRIVE, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session kro „ 2004 407
Following comments by Mr. Purcell, the first reading of BILL NO. 04-106 was 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. 04-122 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 17-74 OF THE CITY CODE REGARDING
PASSING OF BAD CHECKS
The first reading of BILL NO. 04-122 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.
BILL NO. 04-124 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF MARQUETTE TOWERS
SUBDIVISION
The first reading of BILL NO. 04-124 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. 04-125 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF KINDER LYNWOOD
TOWNHOUSE NUMBER 3
The first reading of BILL NO. 04-125 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. 04-128 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE
BY ESTABLISHING HANDICAP PARKING ON A PORTION OF ELLIS STREET, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 04-128 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. 04-129 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE,
BY REMOVING A YIELD SIGN ON INDEPENDENCE STREET AT ITS INTERSECTION
WITH FARRAR DRIVE AND AMENDING SCHEDULE C OF SECTION 26-121 BY
PLACING A STOP SIGN AT THAT LOCATION, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session June 21, 2004 408
The first reading of BILL NO.
second, and the following vote:
White. Nays, none.
04-129 was approved upon Ms. Ritter's motion, Mr. White's
Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
BILL NO. 04-130 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE R OF SECTION 26-248 OF THE CITY CODE
BY ESTABLISHING A 30 -MINUTE PARKING ZONE ON THE CORNER OF BROADWAY
AND FOUNTAIN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Following comments by Mr. Herbst, the first reading of BILL NO. 04-130 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. 04-132 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE G OF SECTION 26-249 OF THE CITY CODE,
BY REPEALING A CERTAIN 2 HOUR PARKING ZONE ON BROADWAY AND
ESTABLISHING A NEW 2 HOUR PARKING ZONE ON BROADWAY, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 04-132 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. 04-133 was given first reading as follows:
AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, DEBT
SERVICE PAYMENTS, CAPITAL EXPENDITURES, AND TRANSFERS FOR THE FISCAL
YEAR ENDING JUNE 30, 2004, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 04-133 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. 04-134 was given first reading as follows:
AN ORDINANCE AUTHORIZING EXECUTION OF AN AMENDMENT TO THE
SUBLEASE AGREEMENT DATED AS OF SEPTEMBER 1, 2001, BETWEEN THE CITY
AND RENAISSANCE AIRCRAFT LLC
The first reading of BILL NO. 04-134 was approved upon Ms. Boardman's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
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BILL NO. 04-123 was presented as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session �nP „ Anna 409_
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH ROBINSON CONSTRUCTION COMPANY FOR THE CLARK AVENUE RELIEF
SEWER PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 04-123 was approved and the resolution 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. 04-123 is RESOLUTION NO. 1976,
APPOINTMENTS
Ms. Teresa Wildman was appointed to the Vision 2020 Community Relations Council for a term
expiring December 31, 2006, upon Mr. Purcell's motion, Mr. Herbst's second, and the following
vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
Mr. Rich Behring and Ms. Kristi Bowers were appointed to the Historic Preservation Commission
for terms expiring April 16, 2007, upon Mr. White's motion, Mr. Herbst's second, and the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
Mr. Harold Hagger, Ms. Donna Maguire and Ms. Esther Hartmann were appointed to the Public
Library Board for terms expiring June 30, 2007, upon Mr. Purcell's motion, Mr. Hopkins' second,
and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White.
Nays, none.
LIQUOR LICENSES
The following liquor licenses were conditionally approved upon Mr. Hopkins' motion, Mr.
Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell,
Ritter, White. Nays, none.
Retail Liquor by the Drink:
Autumn Demopoulos d/b/a California Juice Club, 1034 Broadway, Autumn Demopoulos,
Managing Officer
Mark Weber d/b/a Rude Dog Pub, Inc., 123 N. Main, Mark Weber, Managing Officer
Jerel Lichtenegger d/b/a Shangrila, 3049 William Suite 115, Jerel Lichtenegger, Managing
Officer
Spence Tollison d/b/a Mac's Tavern, 1 S. Frederick, Spence Tollison, Managing Officer
Retail Liquor by the Drink and Sunday Sales:
Capashco d/b/a The Pasta House Company, 155 West Park Mall, Edward N. Goergen,
Managing Officer
Phillip Brinson d/b/a Cape Girardeau Brewing Co., LLC, 132 N. Main, Phillip Brinson,
Managing Officer
Michael T. Risch d/b/a Mollie's Caf6 & Bar, 11 S. Spanish, Michael Risch, Managing
Officer
Manufacturers of Beer:
Phillip Brinson d/b/a Cape Girardeau Brewing Co., LLC, 132 N. Main, Phillip Brinson,
Managing Officer
Original Package Liquor and Sunday Sales:
Cassandra Gibson d/b/a JD's Quick Shop, 1101 William, Cassandra Gibson, Managing
Officer
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session June 21, 2004 410
OTHER BUSINESS
The 2004-2005 proposed budget and performance measures for the Convention and Visitors
Bureau were accepted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote:
Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
The street, sanitary and storm sewer, stormwater detention basin and water improvements as
shown on the approved plans for Wyandotte Acres Fourth Addition, Sewer District 14-1-D-5,
were accepted into the city's system upon Mr. White's motion, Mr. Hopkins' second, and
the following vote: Ayes, Boardman, Herbst, Hopkins, Purcell, Ritter, White. Nays, none. Mayor
Knudtson abstained for financial reasons because the financial institution which he works for has a
financial relationship with the owner of the subdivision.
The street, sanitary sewer, storm sewers and water improvements as shown on the approved plans
for Arbor Heights Second Addition, Sewer district 14-R-3, were accepted into the city's system,
and the escrow agreement covering these improvements was released upon Mr. Herbst's motion,
Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,
Purcell, Ritter. Nays, none. Mr. White abstained for financial reasons because he owns property
adjacent to this development.
The water main extension to Serve Carpet Connection LLC along Commercial Street was accepted
into the city's system upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote:
Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
The improvement plans for Whispering Oaks Trunk Sewer were approved contingent upon receipt
of inspection fees and corrected plans upon Mr. Hopkin's motion, Mr. Herbst's second, and the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
There being no further business, the meeting adjourned upon Mr. Hopkins' motion, Mr. White's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
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ay B. I�fiudtson, Mayor
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