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HomeMy WebLinkAboutCouncil.Minutes.10-04-2004.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 4, 2004 67 REGULAR SESSION—OCTOBER 4,2004 i m The Cape Girardeau City Council convened in regular session on Monday, October 4, 2004, at Z 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, L Charlie Herbst, Matthew Hopkins, Jay Purcell, and Marcia Ritter present. Hugh White was absent. Pastor Mark Martin, St. Andrew Lutheran Church 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, litigation and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1) and (3), upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, none. Absent, White. The minutes of the September 20, 2004, regular and closed sessions were approved upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman,Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays,none. Absent, White. The agenda was adopted as distributed upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, none. Absent,White. CITY COUNCIL COMMUNICATIONS Following comments by Mr. Herbst and the Mayor, City Manager Doug Leslie explained that the City Council previously requested city staff develop a proposal relating to the animal control and nuisance ordinances. Staff is recommending that the review of these ordinances be divided into two separate issues, animals and nuisances, with two separate task force groups to review the issues and develop recommendations. The Community Standards Task Force would be established to review the ordinances on junk vehicles and other nuisances, and would be made up of internal staff, including representatives from Police, Fire, Nuisance Abatement, Inspections, Property Maintenance and Housing. Following discussion by the Council, Mr. Hopkins' made a motion, seconded by Ms. Boardman to proceed with the Community Standards Task Force as recommended by the City Manager. The motion was approved upon the following vote: Ayes, Boardman,Herbst,Hopkins,Knudtson, Purcell,Ritter. Nays,None. Absent, White. Mr. Leslie continued that the Animal Task Force would be established to look at the existing animal ordinances and make recommendations for any needed revisions. It would be made up of the following: a veterinarian, a member of the Humane Society, a pet owner, a non-pet owner, a postal service employee, a city council member, and a member of the city staff. Upon questioning by Mayor Knudtson, Jenny Stigers suggested that this group be established as an ongoing advisory board instead of as a task force to address animal problems over time and not just review the current ordinances. Following discussion, Ms. Boardman made a motion, seconded by Mr. Purcell, to develop an Animal Task Force as recommended by the City Manager. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays,None. Absent,White. Proceedings of the City Council, City of Cape Girardeau, Mo. • Regular Session October 4, 2004 68 Mayor Knudtson presented the following: • 1. Recognized City Clerk Gayle L. Conrad for receiving the Missouri Registered City Clerk designation. 2. A seminar regarding the Sunshine Law was presented at the University today, and there was great attendance today by city staff. 3. Presented a proclamation to John Rust honoring the 100t Anniversary of the Southeast Missourian Newspaper. Mr. John Rust recognized employees of the newspaper and thanked the City Council for the recognition. 4. Thanked Representative JoAnn Emerson and her staff for helping with issues relating to the flood hazard map revisions within the city. 5. Congratulated the City of Roses Music Festival on its success. 6. Reported on discussions in the study session about saving a portion of the old Mississippi River Bridge. The discussions will continue and a report will be presented in the near future. 7. Recognized Greg Springer from Boy Scout Troop 8 who was attending the meeting to earn his advancement in the Boy Scouts. CITY MANAGER COMMUNICATIONS Mr. Leslie reported that approximately 75 Girl Scouts camped out at the Airport over the weekend to earn their aerospace badge. The Radio Controlled Air Show was also held on Sunday, which included free airplane rides for the Girl Scouts PUBLIC HEARINGS This being the date set for a public hearing to consider the request of Rivendell Properties, LLC for a special use permit for a planned unit development for professional retail and office space on Lots 1, 2, 3, 4 and 5 of Lexington Place First Subdivision and Lot 1 of Lexington Place Fourth Subdivision on the east side of Lexington Avenue north of North Church Street in an R-1, single family dwelling district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (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. Greg Deimund appeared in support of the project, explained that he has talked with the neighbors about this development, and will continue to work with them on the project. Mr. Brad Haertling presented information to the Council regarding the proposed professional office development. He reviewed the design and proposed use of the building and presented a petition representing 95% of the property owners of Lexington Place First Subdivision who support this development. Mayor Knudtson stated that the Council received a letter from 2216 Abbey opposing the development. Mr. Haertling responded that the developers have worked out the issues with this landowner. There being no further appearances,the hearing was closed. BILL NO. 04-210 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RIVENDELL PROPERTIES, L.L.C., FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING AN OFFICE AND RETAIL UNIT LOCATED AT THE ENTRANCE OF LEXINGTON PLACE SUBDIVISION, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 04-210. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell, Ritter. Nays,None. Absent, White. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 4,2004 69 This being the date set for a public hearing regarding the request of First General Baptist Church / m of Cape Girardeau, Inc. for a special use permit to construct a monument sign on the rear of their = lot at 1812 Cape La Croix Road, next to their driveway onto Lexington Avenue in an R-1, single family dwelling district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (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. Jess Rutherford, Chairman of the Board of First General Baptist Church appeared in support of the request and to answer any question. There being no further appearances,the hearing was closed. BILL NO. 04-211 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FIRST GENERAL BAPTIST CHURCH FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A SIGN AT 1812 CAPE LACROIX ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Ms. Boardman made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 04-211. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell,Ritter. Nays,None. Absent, White. This being the date set for a public hearing regarding the request of Jenny and Stephen Stigers for a special use permit for a commercial kennel operation at 1343 Big Bend Road in an R-2, single family dwelling district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (1) Section 30-39 entitled "Special Use Regulations"from the City Code; (2)the Application for Special Use Permit; and(3) the application file. Ms. Jenny Stigers appeared and stated the application was for an unlimited special use permit, but the Planning and Zoning Commission added the 90 day temporary status. She explained that since the City Council changed the ordinance relating to animal limitations she was forced to apply for this special use permit due to the number of animals that she has. She contacted all 29 of her neighbors and explained that her intent was simply to help animals and not to establish a commercial kennel. Mr. Harold Ridings, 660 Sylvan Lane, stated he had several questions relating to commercial kennels and questioned the basic reason for zoning in a community. His main concern is using the term"commercial"in his neighborhood. Mr. Ridings feels this sets a precedent for allowing other commercial ventures in this neighborhood. Upon questioning by the Mayor, City Attorney Eric Cunningham explained that the City can remove the term "commercial" from the special use permit and simply limit the Stigers' to no sale of animals. Mr. Gaylen Smith, 663 Sylvan, appeared and opposed the term "commercial kennel" and the precedent it may set. He stated the animal ordinance needs to be changed so it does not require a "commercial kennel" to do what the Stigers want to do. Mr. Smith asked that the request be denied for a commercial kennel but find a way to take care of situations such as the Stigers'. Dr. Stephen Stigers appeared and stated he does not intend to set up a commercial kennel. The City needs to address the pet population issue and develop a sanctuary to find a way to discourage breeding of these animals. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 4,2004 70— Mr. Richard Willett, 604 Pieronett, expressed concern with property values by using the term commercial kennel for the special use permit. He questioned if there is an upper limit on the number of animals that can be kept on this property. There being no further appearances,the hearing was closed. BILL NO. 04-212 was giving first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO STEPHEN WINSTON STIGERS AND JENNY ISON STIGERS FOR THE PURPOSE OF MAINTAINING AND OPERATING A COMMERCIAL KENNEL LOCATED AT 1343 BIG BEND ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI Mr. Herbst made a motion, seconded by Ms. Ritter, to approve the first reading of BILL NO. 04- 212. Mr. Herbst stated he was confused with the term commercial kennel in the ordinance. Neighbors should have a say in what happens in a neighborhood, but he does support the animal limitation. Mayor Knudtson asked if council can grant a special use permit to allow the Stigers more than four dogs but less than twelve and remove the term commercial kennel? Mr. Cunningham stated that there is no trouble with that. Following discussion,Ms. Boardman made a motion, seconded by Mr. Hopkins' to amend BILL NO. 04-212 by removing the term "commercial" from the ordinance and special use permit and allowing the kennel for 90 days. The amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, None. Absent, White. The original motion was approved as amended upon the following vote: Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, None. Absent, White. APPEARANCES Mr. Bill Whitlow appeared in support of the liquor license for Lodo's at the Marquette. Mr. Mike Risch appeared and stated he and Brad Pool intend to maintain the integrity of the Marquette. Mr. Purcell made a motion, seconded by Mr. Hopkins, to conditionally approve a retail liquor by the drink license for J. B. Pool,Inc.,d/b/a Lodo's at the Marquette, 338 Broadway, Suite 110, Michael T. Risch, Managing Officer. The motion was approved upon the following vote: Ayes, Boardman,Herbst,Hopkins, Knudtson,Purcell,Ritter. Nays,None. Absent,White. Mr. Mark Lanzotti appeared regarding the liquor license for King William Management and stated the letter "A" should be removed from the address. Mr. Herbst made a motion, seconded by Ms. Boardman, to conditionally approve a retail liquor.by the drink and Sunday sales license for King William Management, Inc., d/b/a Fresco, 1036 N. Sprigg, Kirsten Ann Benson Lynch, Managing Officer. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell,Ritter. Nays,None. Absent,White. Aladdin Garris appeared in support of a liquor license for Roxbury at 832 S. Kingshighway. He stated he currently has an establishment in Perryville and has had no police intervention. Mr. La Mont rents two of the rooms in his building at this address and he will operate his business in those two rooms on Thursday evenings only. Mr. Garris will operate Roxbury on Thursday and Saturday evenings only if Mr. La Mont closes his business. Mr. Herbst expressed concerns with a teen club operating at the same building where alcohol is being served. Following discussion, Mr. Herbst made a motion, seconded by Mr. Hopkins, to conditionally approve a retail liquor by the drink license for Aladdin W. Garris d/b/a Roxbury, 823 S. Kingshighway, Aladdin W. Garris, Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 4, 2004 71— Managing Officer. Mr. Herbst made an amending motion, seconded by Mr. Purcell, to add the condition that this liquor establishment cannot operate on the same night as a teen club within any portion of the same building. The amending motion was approved upon the following vote: Ayes, Z Boardman, Herbst, Hopkins, Knudtson, Purcell,Ritter. Nays,None. Absent, White. The original motion was approved as amended upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays,None. Absent, White. Mr. Dillard Dale appeared representing the property owners on Commercial Street. Mr. Dale questioned if the Ordinance reaffirming the necessity to improve Commercial provided for the manner of payment of the work. Mr. Leslie stated with the filing of the valid remonstrance petition,the assessment to the property owners will be 50 percent of the cost of the project. CONSENT ORDINANCES The following bills were given second and third readings as follows: BILL NO. 04-190 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF VANTAGE DRIVE WEST OF FARRAR DRIVE AND FARRAR DRIVE BETWEEN WILLIAM STREET AND THE EXISTING 40-FOOT WIDE SECTION OF FARRAR DRIVE BILL NO. 04-193 AN ORDINANCE ACCEPTING A PERMANENT UTILITY EASEMENT FROM SPANISH COURT, L.L.C., FOR RELOCATION OF UTILITIES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-199 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 TO THE ENGINEERING SERVICES CONTRACT WITH BOWEN ENGINEERING & SURVEYING, INC., FOR THE WATER STREET RENOVATIONS PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-206 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM RANDOL FARMS DEVELOPMENT, INC., FOR THE KENT STREET EXTENSION PROJECT, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The second and third readings of BILL NOs. 04-190, 04-193, 04-199, and 04-206 were approved and the ordinances adopted upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, None. Absent, White. Mr. Purcell abstained for financial reasons on BILL NO. 04-193 because he has sold property to Mr. Wyman. BILL NO. 04-190 is ORDINANCE NO. 3387; BILL NO. 04-193 is ORDINANCE NO. 3388; BILL NO. 04-199 is ORDINANCE NO. 3389; BILL NO. 04-206 is ORDINANCE NO. 3390. NEW ORDINANCES BILL NO. 04-208 was presented as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 4,2004 72— AN ORDINANCE ACCEPTING QUIT CLAIM DEEDS AND GENERAL WARRANTY DEEDS FROM VARIOUS PROPERTY OWNERS AND COLLECTOR'S DEEDS FROM THE CAPE GIRARDEAU COUNTY COLLECTOR FOR VARIOUS PROPERTIES WITH DELINQUENT TAX BILLS The first reading of BILL NO. 04-208 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays,None. Absent, White. BILL NO. 04-207 was given first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT UTILITY EASEMENT AND TEMPORARY ACCESS EASEMENT FROM MITCH KINDER DEVELOPMENT, L.L.C., FOR THE IMPROVEMENT OF RANDOL FARMS NINTH SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 04-207 was approved upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays,None. Absent, White. BILL NO. 04-209 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A RELINQUISHMENT OF ROADWAY AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR WORK RELATED TO THE SOUTH RAMSEY BRANCH LIFT STATION AND FORCE MAIN PROJECT The first reading of BILL NO. 04-209 was approved upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays,None. Absent,White. BILL NO. 04-215 was given first reading as follows: AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK OF COMMERCIAL STREET FROM WALNUT STREET TO HICKORY STREET, FOR A DISTANCE OF APPROXIMATELY 3,149 FEET IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 04-215 was approved upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays,None. Absent,White. RESOLUTIONS BILL NO. 04-213 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 MARGARET N. SHEPPARD Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 4, 2004 7�- The reading of BILL NO. 04-213 was approved and the resolution adopted upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, None. Absent, White. BILL NO. 04-213 is RESOLUTION NO. 2006. BILL NO. 04-214 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH RHODES 101 STOP FOR PERMISSION TO PLACE AND MAINTAIN GROUNDWATER MONITORING WELLS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 04-214 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. Nays,None. Absent, White. BILL NO. 04-214 is RESOLUTION NO. 2007. APPOINTMENTS Mr. Denny Reeves was appointed to the Cable Television Advisory Committee for a term expiring February 20, 2007, upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays,None. Absent,White. LIQUOR LICENSES Mr. Herbst made a motion, seconded by Mr. Hopkins, to conditionally approve a retail liquor by the drink and Sunday Sales license for VanMatre Management, LLC d/b/a Kreigers' Hometown Sports Grill, 2406 William, Mark S. VanMatre, Managing Officer. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, None. Absent,White. OTHER The effluence from the sanitary sewer extension to serve Napa Ridge Development located on Jefferson Street between West End Boulevard and Missouri Street, Sewer District 13-M, 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. Nays,None. Absent,White. The street, sanitary and storm sewers and water improvements to serve Randol Farms Ninth Subdivision, Sewer District 14-1-D-1, 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. Absent,White. Mayor Knudtson stated the City Council discussed in study session information regarding the Main Street transportation improvements. The City Manager will make an attempt to get a better cross section of people affected by this project together for a meeting. No decisions have been made on the issue. Mayor Knudtson requested Mr. Steve Hoffman of Old Town Cape to share with members of the group what is going on down there. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 4,004 _74_ There being no further business, Mr. Purcell made a motion, seconded by Mr. Herbst, for the Council to adjourn and go into closed session for purposes of discussing personnel, litigation and confidential communications with the City Attorney, pursuant to RSMo. Section 610.021(1) and F. (3). The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell,Ritter. Nays,None. Absent, White. W 400/ f . :!Knudtson, Mayor , /E' Gayle L.�dnrad, City Clerk