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HomeMy WebLinkAboutCouncil.Minutes.09-07-2004.Regular • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 7, 2004 43 REGULAR SESSION—SEPTEMBER 7,2004 I/ i The Cape Girardeau City Council convened in regular session on Tuesday, September 7, 2004, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Matthew Hopkins, Jay Purcell, and Hugh White present. Charlie Herbst and Marcia Ritter were absent. Rev. Wes Wright of Mt. Auburn Christian Church presented the invocation, and the Pledge of Allegiance was recited. The minutes of the August 10, 2004, special session and August 16, 2004, regular and closed sessions were approved upon Mr. Hopkins'motion, Mr. Purcell's second, and the following vote: Ayes, Boardman,Hopkins, Knudtson,Purcell, White. Nays,none. Absent, Herbst,Ritter. The agenda was adopted as distributed, upon Mr. White's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays, none. Absent, Herbst, Ritter. Mr. Hopkins announced that tomorrow is the grand opening of the Marquette Tower, and he recognized current and previous Council members who were part of making this project possible. Mayor Knudtson commented that they have tried to contact previous Council members to be a part of the Grand Opening Ceremony. CITY COUNCIL COMMUNICATIONS Mayor Knudtson presented the following: 1. He complimented City Manager Doug Leslie for the nice job updating the Council on activities of the bridge demolition. Mr. Leslie stated that the Police, Fire, and Public Works Departments have been working closely with MoDOT. The next phase of demolition is scheduled for September 8 at 6:30 a.m. The span closest to Cape is to be demolished. This is the ceremonial "push of button"event to bring down the bridge. Police Chief Steve Strong continued that a number of streets are going to be closed in the area. All closings have been coordinated with the schools for bus traffic. There will be 20 officers on duty in the area,because of safety. If there are people out in that area, it could result in a delay in blowing up the bridge until the area is determined safe. 2. He announced that the City has received a Homeland Security Grant through SEMA for approximately $184,000. Mr. Leslie further explained that this is one of two grants approved for Homeland Security Measures for Police, Fire and Water. Fire Chief Rick Ennis stated that one grant is for $184,800, with funding for communications and security equipment for Police and Water,night vision equipment,a table top exercise, and gas detection equipment. 3. He read a letter from the President of the Cape Youth Baseball Leagues commending the Parks Department for maintenance of the baseball fields over the last summer. 4. Regarding the flood plain map revisions, he sent a letter to Representative JoAnn Emerson. She responded and indicated she has spoken with the Corps to try to get the flood maps modified as soon as possible. CITY MANAGER COMMUNICATIONS Mr. Leslie introduced Nancy Jernigan to discuss Cape Neighborhood Nights sponsored by the Vision 2020 Community Relations Council. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 7, 2004 44_ Ms. Jernigan introduced Vision 2020 members present. She announced that Vision 2020 is introducing a new community promotion — Cape Neighborhood Nights. The strength of a community relates to the strength of its neighborhoods. Vision 2020 is encouraging F neighborhoods to hold block parties throughout the month of October. Promotional packets will be offered to hosts of block parties. The Police and Fire Departments will be available to attend the block parties of the first five groups that register. Through this effort, neighbors will get to know each other. Each Vision 2020 member will host a party, and she asked the Council to host a party in their neighborhood. Mayor Knudtson read a proclamation declaring October Cape's Neighborhood Nights Month. Mr. Skip Smallwood, Chairman of the Planning and Zoning Commission stated that the commission had no issues with any of the special use permits or requests, and presented the following to the Council: 1. The Commission is working on a new sign ordinance. A committee is making a recommendation to the full Commission on September 8, and then the information will be presented to Council. 2. The TTF Committee met last week. One item discussed was an outer belt for the city. The final project list will be presented to the full Commission in November, and then it will be presented to the Council. 3. The Home-Based Business Committee will make a presentation to the full Commission on September 8. Any proposed ordinance changes will be presented to the Council. PUBLIC HEARINGS This being the date set for a public hearing regarding the request of the City of Cape Girardeau for a special use permit to construct a 3-bay fire station, communications center, emergency operations center, 200-foot tall communications tower and erection of a temporary four-foot by eight-foot sign announcing the construction of the fire station at 1975 North Sprigg Street in a R-1 single family residential district, the hearing was opened. The file presented for the record certified copies of the following items: (1) the application for special use permit; (2) Section 30-39 of the City Code entitled"special use regulations"; and(3)the application file. Ms. Martha Brown of Planning Services appeared and discussed the details of the three components: 1. The new Fire Station will replace Station 3 on Olive Street, and include a 911 communication center and emergency operations center. 2. Telecommunications tower. 3. Temporary 4' x 8' sign to announce the construction of the new station. The Planning and Zoning Commission voted 9-0 to support this request. In June 2004 the citizens voted for a '/4 cent sales tax which will fund this project. Chief Ennis presented specifics about the fire station; reviewed current conditions of Station 3 and proposed changes to correct the problems, and explained how this new station will give better coverage to the northern part of the city and easier access to the building. There being no further appearances, the hearing was closed. BILL NO. 04-182 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 7,2004 45 AND OPERATING A FIRE STATION, COMMUNICATIONS CENTER, EMERGENCY OPERATIONS CENTER, COMMUNICATIONS TOWER AND A TEMPORARY SIGN LOCATED AT 1975 NORTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-182 was approved upon Ms. Boardman's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays,none. Absent,Herbst,Ritter. This being the date set for a public hearing regarding the request of Patrick and Amy Higgins for a special use permit to place two free-standing signs at 2917 Independence Street, located in a C-1 local commercial district, the hearing was opened. The file presented for the record certified copies of the following items: (1) the application for special use permit; (2) Section 30-39 of the City Code entitled "special use regulations"; and (3) the application file. Mr. Patrick Higgins appeared in support on the request and to answer any questions. There being no further appearances,the hearing was closed. BILL NO. 04-183 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO PATRICK HIGGINS AND AMY HIGGINS FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING TWO SIGNS LOCATED AT 2917 INDEPENDENCE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 04-183 was approved upon Mr. Purcell's motion, Mr. White's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays, none. Absent, Herbst,Ritter. This being the date set for a public hearing regarding the request of Narvol A. Randol, Jr., to rezone a 9.11-acre tract of land located on the south side of Brenda Kay Court, from an MH-1, mobile home park district, to an R-4,multi-family residential district, the hearing was opened. Mr. Narvol Randol appeared and explained that the nine acres to be rezoned will allow MACO Development to construct 75 units of senior citizen housing. There being no further appearances, the hearing was closed. BILL NO. 04-184 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,BY CHANGING THE ZONING OF A TRACT OF LAND LOCATED ON THE SOUTH SIDE OF BRENDA KAY COURT, LOCATED IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM MH-1 TO R-4 The first reading of BILL NO. 04-184 was approved upon Mr. Purcell's motion, Mr. Hopkins' second and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell. Nays, none. Absent, Herbst, Ritter. Mr. White abstained for financial reasons because the firm that he works for is handling the real estate transactions for this property. APPEARANCE Mr. Dillard Dale appeared regarding the Commercial Street project. He did not object that the street needs improvement, however, the project is set up for property owners to pay 100% of the Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 7, 2004 46 improvements. The street has had little improvements for many years, and he felt the city should help with the improvements. He presented a remonstrance petition with almost 100% of the property owner signatures. There is one property in a trust, and the trustee has not signed the F petition. Mr. Leslie explained the process to be followed with the filing of the remonstrance petition. City staff will verify that the petition has been properly signed by the affected property owners. If the petition is found sufficient, then the Council has the option to (1) not proceed with the project, or (2) proceed with the project, and the City will bear 50 percent of the cost of the improvement. Upon questioning by Mayor Knudtson, Mr. Dale stated that the intent of the petition was to obtain financial assistance from the city for the project. Mr. Cunningham stated that the filing of this petition does not affect the second and third readings of the ordinance of necessity. This ordinance does not address the dollar amount of the tax bills for the project. Mr. Dan Stitz stood in support of this petition. The following bill was given second and third readings: BILL NO. 04-177 AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE COMMERCIAL STREET FROM WALNUT STREET TO HICKORY STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NO. 04-177 were approved and the ordinance adopted upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays, none. Absent, Herbst, Ritter. BILL NO. 04-177 is ORDINANCE NO. 3372. Ms. Kimberly Necas, of 316 S. Louisiana appeared regarding the pet limitation ordinance. She stated that limiting the number of dogs is an ineffective tool to address irresponsible pet owners. Limit laws will be difficult to enforce, and will force the Police to obtain search warrants to enter homes. This ordinance will overcrowd animal shelters and people will hide their animals. The City's previous nuisance laws were adequate if properly enforced. She continued that the limit law is unconstitutional, and several states have banned these type of ordinances. CONSENT ORDINANCES The following bills were given second and third readings as follows: BILL NO. 04-170 AN ORDINANCE ACCEPTING A COLLECTOR'S DEED FROM DIANE DIEBOLD, CAPE GIRARDEAU COUNTY COLLECTOR FOR A COUNTY TAX SALES PROPERTY BILL NO. 04-172 AN ORDINANCE APPROPRIATING MONIES FROM THE CONVENTIONNISITORS SPECIAL REVENUE FUND FOR IMPROVEMENTS TO THE GLENN HOUSE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND IMPOSING A MORATORIUM ON FURTHER APPROPRIATION FROM THAT FUND UNTIL AFTER DECEMBER 31, 2004 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 7,2004 AI_ BILLNO. 04-173 AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST ELEVENTH SUBDIVISION II m 9 = BILL NO. 04-174 AN ORDINANCE APPROVING THE RECORD PLAT OF JULIE i SUBDIWSION NO. 3 BILL NO. 04-175 AN ORDINANCE APPROVING THE RECORD PLAT OF SPANISH COURT The second and third readings of BILL NOs. 04-170, 04-172, 04-173, 04-174, and 04-175 were approved and the ordinances adopted upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays, None. Absent, Herbst, Ritter. BILL NO. 04-170 is ORDINANCE NO. 3373; BILL NO. 04-172 is ORDINANCE NO. 3374; BILL NO. 04-173 is ORDINANCE NO. 3375; BILL NO. 04-174 is ORDINANCE NO. 3376; BILL NO. 04-175 is ORDINANCE NO. 3377. NEW ORDINANCES BILL NO. 04-180 was given first reading as follows: AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM THE UNITED STATES OF AMERICA FOR THE CAPE GIRARDEAU-JACKSON METROPOLITAN AREA MISSOURI FLOOD CONTROL PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-180 was approved upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays, None. Absent, Herbst,Ritter. BILL NO. 04-181 was given first, second, and third readings as follows: AN ORDINANCE AMENDING SECTION 5-13 OF THE CITY CODE RELATING TO ALCOHOLIC BEVERAGES The first, second and third readings of BILL NO. 04-181 were approved and the ordinance adopted upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays, None. Absent, Herbst, Ritter. BILL NO. 04-181 is ORDINANCE NO. 3378. Mr. Leslie stated that a change in state laws went into effect August 28, and this is necessary as an emergency measure so the city ordinance will be in line with II state statute. BILL NO. 04-185 was given first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT WATERLINE EASEMENT FROM JAMES AND GAYLE LINCOLN AND A TEMPORARY CONSTRUCTION EASEMENT FROM WANDA CONRAD FOR THE IMPROVEMENT OF MINNESOTA AVENUE BETWEEN BLOOMFIELD ROAD AND BRINK STREET The first reading of BILL NO. 04-185 was approved upon Mr. White's motion, Mr. Purcell's second and the following vote: Ayes,Boardman, Hopkins, Knudtson,Purcell,White. Nays,None. V Absent,Herbst, Ritter. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 7,2004 A8_ BILL NO. 04-187 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT F WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE TRANSFER OF MAINTENANCE OF VANTAGE DRIVE LOCATED IN THE CITY OF W CAPE GIRARDEAU, FROM THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TO THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-187 was approved upon Mr. Purcell's motion, Mr. White's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays, None. Absent, Herbst, Ritter. BILL NO. 04-188 was given first reading as follows: AN ORDINANCE ACCEPTING TWO PERMANENT SEWER EASEMENTS FROM DRURY DEVELOPMENT CORP. AND A WATER LINE EASEMENT FROM DRURY LAND DEVELOPMENT, INC., FOR IMPROVEMENTS TO THE KOHL'S SITE LOCATED IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-188 was approved upon Ms. Boardman's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays, None. Absent, Herbst, Ritter. RESOLUTIONS BILL NO. 04-178 was presented as follows: A RESOLUTION ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, APPROVING THE CITY OF CAPE GIRARDEAU'S PARTICIPATION IN THE GREATER CAPE GIRARDEAU AREA METROPOLITAN PLANNING ORGANIZATION The reading of BILL NO. 04-178 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays, None. Absent, Herbst, Ritter. BILL NO. 04-178 is RESOLUTION NO. 1991. Mr. Leslie explained that after the 2000 census, this area was hopeful it would be designated as an MPO for transportation issues, but this did not happen due to density issues and flood plain areas. It has been discovered that other cities have overcome similar problems, and it may still be possible to get the MPO designation. This would allow transportation planning opportunities to be undertaken by Cape County, Jackson, and the City of Cape for air, highway and public transportation. The MPO would also have greater input in the planning that is now done by MoDOT. BILL NO. 04-179 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PR DEVELOPERS, INC., FOR THE GREATER CAPE WATER MAIN NASH ROAD AND AIRPORT EXTENSIONS, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The reading of BILL NO. 04-179 was approved and the resolution adopted upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Hopkins, Purcell, U Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 7, 2004 49 White. Nays, None. Absent, Herbst, Ritter. Mayor Knudtson abstained for financial reasons because the financial institution he works for has a business relationship with PR Developers. BILL NO. 04-179 is RESOLUTION NO. 1992. BILL NO. 04-186 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The reading of BILL NO. 04-186 was approved and the resolution adopted upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays, None. Absent, Herbst, Ritter. BILL NO. 04-186 is RESOLUTION NO. 1993. BILL NO. 04-189 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE INFLIGHT CORPORATION OFFICE AND HANGAR LEASE WITH INFLIGHT CORPORATION D/B/A CAPE AIR CHARTER AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 04-189 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays, None. Absent, Herbst, Ritter. BILL NO. 04-189 is RESOLUTION NO. 1994. LIQUOR LICENSES Mr. Purcell made a motion, seconded by Mr. Hopkins, to conditionally approve a retail liquor by the drink license for Mark B. Lamont d/b/a The Mix, 823 S. Kingshighway, Mark B. Lamont, Managing Officer. Upon request of the Mayor, Chief Strong explained the reasons for recommending that this license be denied and discussed the manner in which all license license applications are reviewed and investigated. The Mayor continued that the application was not completed accurately. Since March of 2004,this business has been operated as a teen club with no alcohol sales, and the Police have responded to the facility 34 times. There are concerns with operating this business as a teen club on some nights and an adult nightclub on others. Mr. Cunningham explained that under City Ordinances, the Council can deny the application if it does not feel that the applicant can conduct a safe, orderly and legitimate business. Following further discussion, the motion failed upon the following vote: Nays, Boardman, Hopkins, Knudtson, Purcell,White. Ayes,None. Absent, Herbst, Ritter. OTHER Mr. Hopkins made a motion, seconded by Mr. White, to accept the Boardman Pavilion on South Main Street from the Downtown Merchants Association. The motion was approved upon the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays, None. Absent, Herbst,Ritter. Mr. Purcell made a motion, seconded by Mr. Hopkins, to accept into the city's system a water main extension to serve Cape Camping and RV Park at 1900 North Kingshighway. The motion was approved upon the following vote: Ayes, Boardman, Hopkins, Purcell, White. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Reg»lar Session September 7, 2004 50— Absent, Herbst, Ritter. Mayor Knudtson abstained for financial reasons because the financial institution he works for has a financial relationship with Cape Camping. F Mr. White made a motion, seconded by Mr. Purcell, to accept into the city's system the effluent from an extension of the sanitary sewer system to serve Cape Camping and RV Park at 1900 North Kingshighway. The motion was approved upon the following vote: Ayes, Boardman, Hopkins, Purcell, White. Nays, None. Absent, Herbst, Ritter. Mayor Knudtson abstained for financial reasons because the financial institution he works for has a financial relationship with Cape Camping. Ms. Boardman made a motion, seconded by Mr. Hopkins, to accept into the City's system a water main extension to serve Misty Hollow Lane off of County Road 620. The motion was approved upon the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays, none. Absent, Herbst, Ritter. Mr. White made a motion, seconded by Mr. Purcell, to accept into the city's system improvements on Silver Springs Road, Phase IV, from Missouri Route 74 (Shawnee Parkway) to South Mt. Auburn Road, and to authorize final payment to Lappe Cement Finishing, Inc. contingent upon receipt of final paperwork. The motion was approved upon the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays,None. Absent, Herbst, Ritter. Mr. Hopkins made a motion, seconded by Mr. White, to approve the improvement plans for a sanitary sewer to serve Whispering Oaks and the Meadows of Whispering Oaks contingent upon receipt of inspection fees. The motion was approved upon the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays,None. Absent, Herbst,Ritter. Mr. Hopkins made a motion, seconded by Mr. Purcell, to approve the improvement plans for street, water, sanitary sewer, storm sewer and detention basin improvements to serve The Villas of West Park, Sewer District 14-EE-2, contingent upon receipt of inspection fees, DNR fees and completed water main extension request. The motion was approved upon the following vote: Ayes, Boardman, Hopkins, Knudtson,Purcell, White. Nays,none. Absent,Herbst,Ritter. Mr. White made a motion, seconded by Mr. Hopkins, to authorize the City Manager to execute a Release of Land Subdivision Bond for Cape West Village 2"d Subdivision. The motion was approved upon the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays, none. Absent, Herbst, Ritter. Ms. Boardman made a motion, seconded by Mr. Hopkins, to authorize the City Manager to execute a Release of Land Subdivision Bound for St. Judes Subdivision. The motion was approved upon the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays, none. Absent, Herbst, Ritter. There being no further business, Mr. Purcell made a motion, seconded by Mr. Hopkins, for the Council to adjourn and go into closed session for purposes of discussing property acquisition, personnel, litigation and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1), (2) and (3). The motion was approved upon the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, White. Nays,none. Absent, Herbst, Ritter. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 7, 2004 _SI_ (Z---- 1-7C— , I I :. Knudtson, Mayor i 1 li /,e0gif Cts-x4a& Gayle L.gonrad, City Clerk