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HomeMy WebLinkAboutCouncil.Minutes.10-08-2004.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 18,2004 77 REGULAR SESSION—OCTOBER 18,2004 The Cape Girardeau City Council convened in regular session on Monday, October 18, 2004, at Z 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charlie Herbst, Matthew Hopkins, and Marcia Ritter present. Jay Purcell and Hugh White were absent. Rev. Scott Moon of Grace United Methodist 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,property acquisition, litigation and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1), (2) and (3), upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays,none. Absent,Purcell and White. The minutes of the October 4, 2004,regular and closed sessions were approved upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Ritter. Nays,none. Absent,Purcell and White. The agenda was adopted as distributed upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, none. Absent, Purcell and White. CITY COUNCIL COMMUNICATIONS Mayor Knudtson presented a proclamation to Paul Kaneer, Marketing Director of KFVS, recognizing KFVS on its 50th Anniversary. On behalf of General Manager Mike Smythe, Mr. Kaneer thanked the Council for the proclamation. Mayor Knudtson presented a proclamation to Ellen Dillon and Marcia Ritter on behalf of Zonta recognizing United Nations Day. Mayor Knudtson presented the following: 1. He read a letter from Hugh White resigning his position as City Council Member. He was first elected to the Council in 1988. He was elected again in 2000 and 2004 serving nearly 9 years. Mayor Knudtson wished Mr. White the best. 2. With Mr. Purcell running for County Commissioner in the November election, it is possible the Council could have two openings. The Council is looking into how to proceed with filling the present and possible future vacancy. 3. He stated he had a wager with Jackson Mayor Paul Sander on the Cape Central/Jackson football game. He lost the wager and must now wear a red Jackson shirt for the council meeting. 4. Mr. Purcell is absent because he is participating in a debate for the County Commission position. 5. City Manager Doug Leslie is not at the meeting because he is attending the ICMA Conference to receive his 30 year award for service to the City Manger field. CITY MANAGER COMMUNICATIONS Acting City Manager, Heather Brooks introduced Assistant Public Works Director Steve Cook to present information on the Household Hazardous Waste Cleanup Day. Mr. Cook gave a brief Proceedings of the City Council, City of Cape Girardeau, Mo. Rpgnlar Session October 18, 2004 78 update on the results of the cleanup day held this past Saturday. There was slightly lower participation than in previous years. g PUBLIC HEARINGS a d W This being the date set for a public hearing regarding a proposed amendment to the Zoning Ordinance revising the definition of a home occupation, the hearing was opened. John Mehner, Buzz Sutherland, and R.J. McKinney, members of the committee that reviewed this ordinance, were present to answer questions. Mr. Mehner explained that four people from the Small Business Development Center, two from the Planning and Zoning Commission, and City Staff worked together on this review. Upon questioning by Ms. Boardman, Mr. Mehner reviewed the specifics of the definition and how it protects the neighborhood. Mr. Sutherland stated that they reviewed statistics on home-based businesses and restrictions of the IRS and local governments on these businesses. Mr. McKinney stated the intent is for a person to file an application for a business license for a home-based business, and if they don't meet the requirements of the new definition, then the person must still have a special use permit to operate. He felt if this was approved more people would apply for a home-based business license. Ms. Boardman expressed concerns that the definition is too vague, and she liked requiring a special use permit for all home-based businesses. Mr. Sutherland stated this new definition incorporates elements of codes from other cities that have modernized their home-based business ordinances. Protecting neighborhood integrity was the driving force of the review,but they had to address other elements of a new economy. Mr. Jack Rickard appeared and stated he started his business in his home in the late 1980's, and this business would not have been legal under the current ordinance. Zoning laws have changed the character of neighborhoods over the last 50 years. Mr. Richard asked the Council to review in a broader sense all the zoning codes. There being no further appearances,the hearing was closed. BILL NO. 04-201 was given first reading as follows: AN ORDINANCE AMENDING SECTION 30-2 OF THE CITY CODE RELATING TO ZONING DEFINITION "HOME OCCUPATION" Mr. Hopkins' made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 04-201. Ms. Brooks stated the Fire Chief requested information be included in the definition relating to hazardous materials. Following discussion, Mr. Herbst made a motion, seconded by Mr. Hopkins, to include in the definition that the home occupation not involve any hazardous materials as outlined in Chapter 27 of the International Fire Code. The amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, None. Absent, Purcell and White. The original motion was approved as amended upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, none. Absent, Purcell and White. This being the date set for a public hearing regarding the request of Alan and Ruth Langston and Stephen and Veronica Langston for a special use permit to construct a new child-care center on the northwest corner of Mt. Auburn Road and Old Hopper Road in an R-1, single family residential 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. Proceedings of the City Council, City of Cape Girardeau, Mo. Reg]"1ar Session October 18,2004 7— Mr. Lee Gattis, 3401 Glenview, appeared and stated he also attended the Planning and Zoning Commission meeting. He opposed this request due to the traffic at the intersection of Old Hopper = and Mt. Auburn Road This is a residential neighborhood; there is no guarantee of success of this business and the building could be vacant. Mr. Gattis also expressed concerns with drainage in the area and aesthetics of the neighborhood. He requested the Council deny the request of Ms. Langston and he presented an updated petition to the Council opposing this request. Mr. Mike Masterson, 3413 Glenview, stated this street is a cul-de-sac with one way in and out via Old Hopper Road. There are approximately 100 residents who drive Old Hopper Road. He expressed concern if this special use permit is approved, more commercial uses will be approved in the future. He is also concerned with depreciation of property values, increased traffic in the area, and drainage with increased development of the area. He wants to maintain the integrity of the neighborhood. Ms. Veronica Langston presented a petition supporting the daycare. She presented a revised proposal to put a street in the back of the property to alleviate traffic congestion. Ms. Hunze would allow a driveway through her private drive. In addition, Ms. Langston proposed to put in a drainage basin behind the property. She requested to change the original special use permit by adding a street to the rear of the property. Mayor Knudtson asked the neighbors present if this revised proposal changed their opinions. Ms. Langston stated she would be willing to meet with all residents. Police Chief Steve Strong explained that over 1300 cars pass this intersection each day. Upon questioning by Ms. Ritter,Ms. Langston stated she would be caring for 60 children at this facility. Following discussion by the Council, Ms. Ritter made a motion, seconded by Ms. Boardman, to refer to the Planning and Zoning Commission for review the revised request of Veronica Langston. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays,None. Absent, Purcell and White. Regarding the preservation of a section of the Old Mississippi Bridge, Mayor Knudtson stated that there are many questions to be answered before a decision can be made. Staff consulted with Smith and Company regarding the integrity of the remaining portion of the bridge, and a representative is here to present the findings. Chris Layton of Smith and Company reviewed with the Council the feasibility study to preserve a portion of the bridge. He reviewed the structural integrity, historic preservation, and estimated costs. He discussed five options to consider to preserve portions of the bridge or to relocate the overlook: (1)utilize all six remaining spans of the bridge - $255,000; (2) utilize three spans of the bridge - $205,000; (3) utilize first span of the bridge - $94,000; (4) Move the archway to another location; and(5)construct a new overlook. Mayor Knudtson stated the council must make a decision on whether to retain the arch and the first span in order for MoDOT to proceed with the project. Mr. Cunningham stated that if the Council chooses to preserve a portion of the bridge, MoDOT will be required to make an amendment to the current demolition contract, and this needs to be done as soon as possible. In addition, if the Council chooses to preserve a portion of the bridge, Mr. Cunningham explained that MoPERM has agreed to add this property to the City's insurance coverage at no charge and to add MoDOT as an additional insured. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Octoher 18,2004 Mr. Al Stoverink, Facilities Manager for Southeast Missouri State University, presented information regarding the Terrace Park Project on the River Campus. The University has designed an access point off of Aquamsi, and this ties into a ramp at the street-grade level of the bridge approach. If the City chooses to preserve any portion of the existing bridge,this will fit in with the Terrace Project. The University could make some changes to the plan to connect the trail to this portion of bridge. Mr. Stoverink suggested the Council consider preserving the arch at the existing location. He further discussed property grading that would be needed to tie together the Terrace Project with the bridge preservation overlook. Mayor Knudtson stated that the Council has two objectives: (1) save all, none or some portion of the bridge; and (2)how to preserve it. The Council should look to choose an option depending on what part they want to save. Mr. John Mehner appeared and stated many people in the community feel this should be an overlook; however, if it is too costly, this information should be conveyed to the public now. He stated there could be some non-cost community support to renovate this concrete structure. The CVB Committee sees the overlook as more marketable for tourism and more feasible for the use of CVB funds. Jack Rickard, 14 Morgan Oak, appeared and stated he owns all the property on the north side of the bridge. He stated he doesn't agree with the cost estimate to save all six spans of the bridge, and feels the overlook is a key element of the University project that is a benefit to the public. Mr. Rickard discussed having a grade-level overlook over Aquamsi Street which would enhance the view of the park. The arch might be able to be moved, but it would probably fall into pieces. Mr. Rickard didn't see any merit in saving all six spans of the bridge. If the Council chooses to preserve the arch and the street up to the first pylon, this would preserve options for the future. To preserve past the first pylon would be a mistake by the city. Ms. Marge Louiseau appeared and stated she felt the arch and bridge are important to save where they are. An overlook could be a great tourist attraction. Following comments by the Mayor, she stated she is more interested in the historic portion of the bridge, especially the arch, and not the overlook. In addition, Ms. Louiseau stated that the city has been kind enough to help her with a community garden on South Fountain, and she thanked City Manager Doug Leslie for his help. Mr. Scott Moon appeared and stated the new Mississippi River Bridge was constructed with great excitement for the future of Cape. The arch of old bridge ties the city to its past, and an overlook should represent the values of the city. He stated he felt the current remains of the old bridge would just be an eyesore. Following comments by the Council on the options presented by Smith and Company, Mayor Knudtson made a motion, seconded by Mr. Hopkins, to request that the Missouri Department of Transportation take action to preserve the concrete Mississippi River Bridge approach at the end of Morgan Oak Street, extending one bent section east, for public use as an observation platform. The City Staff is authorized to work with MoDOT to arrange the transfer of the structure to the City and to develop a plan for stabilizing, improving and using the structure. Ms. Ritter commented that the City needs to find funds elsewhere, such as the CVB, community and grants, and general funds should not be used for this project. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Ritter. Nays,none. Absent,Purcell and White. Proceedings of the City Council, City of Cape Girardeau, Mo. llegnlar Session October 18,2004 Si-- APPEARANCES ni Ms. Meg Davis appeared to answer any questions regarding the record plat of Meg Subdivision. This subdivision is located on the Northwest corner of Independence and Spanish at the old L bakery. BILL NO. 04-224 was given first reading as followed: AN ORDINANCE APPROVING THE RECORD PLAT OF MEG SUBDIVISION The first reading of BILL NO. 04-224 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson,Ritter. Nays,None. Absent,Purcell and White. Chris Layton appeared to answer any question regarding Bill No. 04-227. BILL NO. 04-227 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4 TO THE MASTER SERVICES AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU AND SMITH & CO., INC., FOR THE RIVER OVERLOOK EVALUATION PROJECT The reading of BILL NO. 04-227 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, None. Absent, Purcell, White. BILL NO. 04-227 is RESOLUTION NO. 2008. CONSENT ORDINANCES The following bills were given second and third readings as follows: BILL NO. 04-208 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 PROPERTIES WITH DELINQUENT TAX BILLS. BILL NO. 04-207 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 BILL NO. 04-209 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. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 18, 2004 _82_ BILLNO. 04-210 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RWENDELL PROPERTIES, L.L.C., FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING AN OFFICE 2 AND RETAIL UNIT LOCATED AT THE ENTRACE OF LEXINGTON PLACE SUBDIVISION, IN THE CITY AND COUNTY W OF CAPE GIRARDEAU,MISSOURI BILL NO. 04-211 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 BILL NO. 04-212 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO STEPHEN WINSTON STIGERS AND JENNY ISON STIGERS FOR THE PURPOSE OF MAINTAINING AND OPERATING A KENNEL LOCATED AT 1343 BIG BEND ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI BILL NO. 04-215 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 The second and third readings of BILL NOs. 04-208, 04-207, 04-209, 04-210, 04-211,04-212 and 04-215 were approved and the ordinances adopted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, None. Absent, Purcell and White. BILL NO. 04-208 is ORDINANCE NO. 3391; BILL NO. 04-207 is ORDINANCE NO. 3392; BILL NO. 04-209 is ORDINANCE NO. 3393; BILL NO. 04-210 is ORDINANCE NO. 3394; BILL NO. 04-211 is ORDINANCE NO. 3395; BILL NO. 04-212 is ORDINANCE NO. 3396; BILL NO. 04-215 is ORDINANCE NO. 3397. NEW ORDINANCES BILL NO. 04-216 was given first reading as follows: AN ORDINANCE ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM DUNEALL LANE, TONIA LANE, B.H. WHITE AND FLORA WHITE FOR THE CONNECTION OF FERNDALE DRIVE The first reading of BILL NO. 04-216 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays,None. Absent, Purcell and White. BILL NO. 04-217 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 18,2004 113_ AN ORDINANCE ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS, A QUIT CLAIM DEED AND A GENERAL WARRANTY DEED FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF VANTAGE DRIVE WEST OF FARRAR DRIVE : AND FARRAR DRIVE NORTH OF WILLIAM STREET The first reading of BILL NO. 04-217 was approved upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson, Ritter. Nays,None. Absent,Purcell and White. BILL NO. 04-218 was given first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FOR THE CONSTRUCTION OF A WATER MAIN EXTENSION AS PART OF THE GREATER CAPE WATER MAIN PROJECT, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 04-218 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson, Ritter. Nays,None. Absent,Purcell and White. .....) BILL NO. 04-221 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF RIVENDELL COURT SUBDIVISION. The first reading of BILL NO. 04-221 was approved upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, None. Absent, Purcell and White. BILL NO. 04-223 was given first reading as follows: AN ORDINANCE APPROPRIATING FUNDS FOR EQUIPMENT FOR CABLE ACCESS CHANNEL 5 FOR THE FISCAL YEAR ENDING JUNE 30, 2005, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-223 was approved upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, None. Absent, Purcell and White. Public Information Officer Tracey Glenn discussed the specifics of the proposed upgraded equipment to operate Public Access Channel 5. Ms. Ritter stated the Public Awareness Advisory Board and the Cable Board have both recommended this. BILL NO. 04-225 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF MERRIWETHER SUBDIVISION. The first reading of BILL NO. 04-225 was approved upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, None. Absent,Purcell and White. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 18,2004 84 RESOLUTIONS BILL NO. 04-220 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A W SUBORDINATION AGREEMENT WITH NOVASTAR MORTGAGE, INC., FOR A SECOND DEED OF TRUST FOR PROPERTY OWNED BY SARAH W. HALE The reading of BILL NO. 04-220 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, None. Absent, Purcell and White. BILL NO. 04-220 is RESOLUTION NO. 2009. BILL NO. 04-222 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $349,0003.00 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY, FOR FIRE SAFETY EQUIPMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 04-222 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, None. Absent, Purcell and White. BILL NO. 04-222 is RESOLUTION NO. 2010. APPOINTMENTS Mr. Philip Nacy was appointed to the Vision 2020 Community Relations Council for a term expiring December 31, 2004, and Mr. James Williamson was appointed for a term expiring December 31, 2005 upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes,Boardman, Herbst,Hopkins, Knudtson, Ritter. Nays,None. Absent, Purcell and White. Mr. Richard Fehr, Mr. Jeff Glenn, Mr. Rocky Hayes, and Mr. Michael Keefe were appointed to the Parks and Recreation Advisory Board for terms expiring October 29, 2007, upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, None. Absent, Purcell and White. Mr. Glenn Smallwood, Mr. Robert Blank, and Mr. Raymond Buhs were appointed to the Planning and Zoning Commission for terms expiring November 1, 2008, upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays,None. Absent, Purcell and White. OTHER The improvement plans for a sanitary sewer to serve The Meadows of Whispering Oaks were approved contingent upon receipt of inspection fees upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, None. Absent,Purcell and White. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 1R,2004 85 The preliminary plat of North Pointe Center Subdivision was approved upon Ms. Boardman's motion, Mr. Hopkins' second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Ritter. Nays,None. Absent,Purcell and White. Mayor Knudtson requested the Council review the information relating to changing dates of City Council meetings in 2005, and to review the information regarding the appointments to the Community Standards Task Force and the Animal Task Force. There being no further business, the meeting adjourned upon Ms. Ritter's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, None. Absent, Purcell and White. 't. Knudtson, Mayor (m J Gayle . onrad, City Clerk