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HomeMy WebLinkAboutCouncil.Minutes.11-01-2004.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 1,2004 8— REGULAR SESSION–NOVEMBER 1,2004 The Cape Girardeau City Council convened in regular session on Monday,November 1, 2004, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charlie Herbst,Matthew Hopkins,Jay Purcell and Marcia Ritter present. Rev. Wes Wright of Mt. Auburn Christian 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 litigation and confidential communications with the City Attorney, pursuant to RSMo. Section 610.021(1), upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman,Herbst,Hopkins,Knudtson,Purcell,and Ritter. Nays,none. The minutes of the October 18, 2004, regular and closed sessions were approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson,Purcell,and Ritter. Nays,none. The agenda was adopted as distributed upon Ms. Ritter's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson,Purcell,and Ritter. Nays,none. CITY COUNCIL COMMUNICATIONS Ms. Boardman commended the Glenn House and the Red House on the recent historical tours at those locations. Ms. Boardman suggested that Cemetery Sexton Terrell Weaver present information to the Council on the history of Old Lorimier Cemetery. Mr. Purcell commended the Parks Department staff on the success of the Haunted House. Dan Muser, Parks and Recreation Director, announced that approximately 6,000 to 7,000 people attended the Haunted House. • Mayor Knudtson presented the following: 1. Sam Welker is working on a Veteran's Day Parade for Saturday, November 13, 9:00 am., at Capaha Park. Ms. Ritter stated that she was impressed with the dedication ceremony and naming of the postal facility after Lt. Rick Wilson from the Cape Area who served in the military. 2. There was discussion in the study session about filling Council vacancies. The Council will call a special meeting on November 4 at noon to address this issue. 3. Monday, November 8, at 5:30 p.m., there will be a special study session to review recommendations relating to the pay plan and salary survey. CITY MANAGER COMMUNICATIONS Tim Gramling, Public Works Director, reported on the leaf pick-up program which will begin November 15,with the City divided into four zones to pick up leaves. Residents are asked to rake their leaves to curb. The City will also have free leaf drop off at the holding area off of 3`i and LaCruz Streets. Bruce Loy, Airport manager, reported on construction projects occurring at the Airport to improve the runways and taxiways. The runways will reopen on November 10. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 1,2004 9D— Mayor Knudtson stated that a draft sign ordinance was presented in the Council packet. If the Council wants to move forward, a public hearing can be set for the December 20th agenda. Upon questioning by Ms. Ritter, Mr. Leslie explained that the City would work with the Chamber to publicize the public hearing. In addition,the City would issue a press release and publish it on the public access channel and City web page. The Council agreed to proceed with the public hearing on December 20t. PUBLIC HEARINGS This being the date set for a public hearing regarding the request of VIP Vocational Services, Inc. for a special use permit for the proposed development of 32 rental residential apartment units and one on-site manager's unit, located in the 1,000 block of Hackberry Street(south side) in an M-1, Light Industrial 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. Rick Pierce with PDC Companies appeared in support of the request. He explained that after their success with the Fort Hope development and funding of Napa Ridge, the company saw a demand and decided to proceed with further housing. Their Company has a contract with VIP to purchase the property. He distributed and reviewed the layout and site plan of the development. Mr. Pierce requested a 24 month period on the special use permit. There being no further appearances,the hearing was closed. BILL NO. 04-233 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO PHILLIPS DEVELOPMENT CORPORATION D/B/A PDC DEVELOPMENT FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING 32 RESIDENTIAL APARTMENT UNITS AND ONE ON- SITE MANAGER'S UNIT IN THE 1000 BLOCK OF HACKBERRY STREET, 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. 04-233 with the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays,none. This being the date set for a public hearing regarding the request of Second Missionary Baptist Church for a special use permit for a 3' x 5' sign with brick foundation, located at 835 Beaudean Lane, in an R-4 Multiple 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. Henry Terry appeared in support of the special use permit and to answer any questions. There being no further appearances, the hearing was closed. BILL NO. 04-234 was given the first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SECOND MISSIONARY BAPTIST CHURCH FOR PURPOSES OF CONSTRUCTING AND MAINTAINING A SIGN AT 835 BEAUDEAN LANE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 1,2004 91--- Mr. Herbst made a motion, seconded by Ms. Boardman,to approve the first reading of BILL NO. 04-234 with the following vote: Ayes,Boardman, Herbst, Hopkins,Knudtson,Purcell,and Ritter. Nays,none. This being the date set for a public hearing regarding the request of First Pentecostal Church for a special use permit for an internally illuminated sign with decorative brick base, located at 3054 Lexington, in an R-1, Residential Zone, 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. There being no appearances, the hearing was closed. BILL NO. 04-235 was given the first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FIRST PENTECOSTAL CHURCH FOR THE PURPOSES OF CONSTRUCTING AND MAINTAINING A SIGN AT 3054 LEXINGTON,IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI Mr. Hopkins made a motion, seconded by Ms. Boardman, to approve the first reading of BILL NO. 04-235 with the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, and Ritter. Nays,none. This being the date set for a public hearing regarding the request of Tamra Nunley for a special use permit for a group home daycare with a sign, located at 609 Maple Street, in an R-3, two-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. Tamra Nunley appeared stating she currently has a daycare in her home licensed for ten children, and she wants to increase this to 10 to 20 children. There being no further appearances,this hearing was closed. BILL NO. 04-236 was given the first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DELORES SCHULTZ AND TAMRA NUNLEY FOR PURPOSES OF MAINTAINING AND OPERATING A GROUP HOME DAYCARE AND CONSTRUCTING AND MAINTAINING A SIGN AT 609 MAPLE STREET,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. 04-236 with the following vote: Ayes, Boardman,Herbst,Hopkins, Knudtson,Purcell,and Ritter. Nays,none. This being the date set for a public hearing regarding the request of Shafiq Malik for a special use permit for a clerical office, located at 2732 Bloomfield Road, in an R-1, Residential Zone, 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. Malik appeared in support of the request. He explained the business is located out of town, and he will simply do paperwork in this home. There being no further appearances,this hearing was closed. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 1,2004 — BILL NO. 04-240 was given the first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SHAFIQ MALIK AND F FARIDA MALIK FOR PURPOSES OF MAINTAINING AND OPERATING A CLERICAL OFFICE AT 2732 BLOOMFIELD ROAD,IN THE CITY OF CAPE GIRARDEAU,MISSOURI Ms. Boardman made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 04-240 with the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays, none. Upon questing by Ms. Ritter, Kent Bratton, City Planner, stated there was a notice posted on this property. APPEARANCES Jane Cox appeared regarding the ordinance authorizing the acquisition of property for the improvement of Bloomfield Road between Siemers Drive and Stonebridge Drive. She presented background information on this project and expressed concerns with safety of the road and the wall at Campster School. She requested the Council consider the safety of the curve when reviewing the plans for the street. Mr. Leslie explained that the new road will be 36' wide with a textured surface, a banked curve and an 8"curb to address the safety issues. It is possible that the improvement of the bridge has increased speed of traffic. Police presence will be increased in this area to help reduce the speed City Engineer Mark Lester further explained that the alignment of the street will be the same but will be wider with banked curves, an 8"curb on Ms. Cox's side of the road and 6" curbs on other side. Following discussion by the Council, Mayor Knudtson requested staff prepare for the next City Council meeting a drawing of the two designs layered on the top of each other and a list of the property that is available on the other side of street. BILL NO. 04-228 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF BLOOMFIELD ROAD BETWEEN SIEMERS DRIVE AND STONEBRIDGE DRIVE Mr. Herbst made a motion, seconded by Ms. Boardman to approve the first reading of BILL NO. 04-228. Upon questioning by Ms. Boardman, Mr. Leslie stated this project will be bid in the Spring, and all the information requested will be available at the next meeting. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, and Purcell. Nays,Ritter. Mark Johnson appeared in support of the ordinance approving the record plat of New River Development Subdivision and to answer questions. Mr. Johnson stated plans are to build a Iaw office at the corner of Main and Broadway. BILL NO. 04-238 was given the first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF NEW RIVER DEVELOPMENT SUBDIVISION Ms. Boardman made a motion, seconded by Mr. Purcell to approve the first reading of BILL NO. 04-238, with the following vote: Boardman, Hopkins, Knudtson, Purcell and Ritter. Nays, none. Mr. Herbst abstain for financial reasons, because his father owns the architect firm that drew up the plans. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 1,2004 .93 CONSENT ORDINANCES I m BILL NO. 04-201 was given second and third readings as follows: a AN ORDINANCE AMENDING SECTION 30-2 OF THE CITY CODE RELATING TO ZONING DEFINITION"HOME OCCUPATION" Mr. Herbst made a motion, seconded by Ms. Boardman, to approve the second and third readings of BILL NO. 04-201 and adopt the ordinance. Following comments by Ms. Boardman, Mr. Hopkins made a motion, seconded by Ms. Boardman, to amend the ordinance by adding the following language at the end of subparagraph (5): "Semi-tractor-trailer use for deliveries is not permitted." The amending motion was approved upon the following vote: Boardman, Herbst, Hopkins, Knudtson, Purcell, and Ritter. Nays, none. The original motion was approved as amended upon the vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays, none. BILL NO. 04-201 is ORDINANCE NO. 3398. Upon questioning by Ms. Ritter. Mr. Leslie stated that existing businesses are grandfathered, but all future new businesses will fall under new guidelines. If a home-based business wants to put up a sign,this will require a special use permit. The following bills were given second and third readings. BILL NO. 04-216 AN ORDINANCE ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM DUNEALL LANE,TONIA LANE,B. H. WHITE AND FLORA WHITE FOR THE FERNDALE DRIVE CONNECTION BILL NO. 04-217 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 BILL NO. 04-218 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 BILL NO. 04-221 AN ORDINANCE APPROVING THE RECORD PLAT OF RNENDELL COURT SUBDIVISION BILL NO. 04-223 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 BILL NO.04-224 AN ORDINANCE APPROVING THE RECORD PLAT OF MEG SUBDIVISION BILL NO.04-225 AN ORDINANCE APPROVING THE RECORD PLAT OF MERRIWETHER SUBDIVISION Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 1,2004 The second and third readings of BILL NOs.04-216,04-217,04-218,04-221,04-223,04-224 and 04-225 were approved and the ordinances adopted upon Ms. Ritter's motion,Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell Ritter. Nays,None. BILL NO. 04-216 is ORDINANCE NO. 3399; BILL NO. 04-217 is ORDINANCE NO. 3400; BILL NO. 04-218 is ORDINANCE NO. 3401; BILL NO. 04-221 is ORDINANCE NO. 3402; BILL NO. 04-223 is ORDINANCE NO. 3403; BILL NO. 04-224 is ORDINANCE NO. 3404; BILL NO. 04-225 is ORDINANCE NO.3405. NEW ORDINANCES BILL NO. 04-229 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE QUIT CLAIM DEEDS TRANSFERRING PROPERTY TO ADJACENT PROPERTY OWNERS FOR MELODY LANE The first reading of BILL NO. 04-229 was approved upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, and Ritter. Nays,None. BILL NO. 04-230 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 PERRY AVENUE,IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 04-230 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays,None. BILL NO. 04-231 was given first reading as follows: AN ORDINANCE REPEALING SECTION 5-17 AND ENACTING A NEW SECTION 5-17 OF THE CITY CODE RELATING TO AFTER-HOURS CLUBS The first reading of BILL NO. 04-231 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays,None. BILL NO. 04-241 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO EXECUTE A BRIDGE RELINQUISHMENT AGREEMENT ON BEHALF OF THE CITY WITH THE MISSOURI DEPARTMENT OF REVENUE The first reading of BILL NO. 04-241 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays,None. • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 1,2004 _ RESOLUTIONS i BILL NO. 04-232 waspresented as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION FROM THE CITY OF CAPE GIRARDEAU, MISSOURI, AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION The reading of BILL NO. 04-232 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell,and Ritter. Nays,None. BILL NO. 04-232 is RESOLUTION NO. 2011. BILL NO. 04-237 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH NIP KELLEY EQUIPMENT CO.,INC. The reading of BILL NO. 04-237 was approved and the resolution adopted upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, and Ritter. Nays, None. BILL NO. 04-237 is RESOLUTION NO. 2012. Mayor Knudtson asked if the staff ever looked at the possibility of making sites available to Habitat for Humanity. Mr. Bratton stated they have done that in the past and have 28 condemned houses now. APPOINTMENTS Matt Hopkins was appointed to the Public Awareness Advisory Board for a term expiring November 20, 2006, upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes,Boardman,Herbst,Hopkins,Knudtson,Purcell,Ritter. Nays,none. Mr. Kee Park was appointed to the Airport Advisory Board for a term expiring April 30,2006,and Mr. James Fred Waltz was appointed for a term expiring April 30, 2007, upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell and Ritter. Nays,None. Mr. Kenneth Bramlett and Mr. Michael Seabaugh were appointed to the Golf Course Advisory Board for terms expiring November 12, 2007, upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson Purcell and Ritter. Nays, None. LIQUOR LICENSES Mr. Hopkins made a motion, seconded by Mr. Herbst, to conditionally approve a change in managing officer for Gourmet Systems, Inc. d/b/a Applebee's Neighborhood Gill and Bar, 202 S. Broadview,Gary Paul Tauscher, Managing Officer. The motion was approved upon the following vote: Ayes,Boardman,Herbst,Hopkins,Knudtson,Purcell and Ritter. Nays,none. Mr. Herbst made a motion, seconded by Ms. Boardman, to approve a temporary 5% beer by the drink license for Mary Kathleen Patterson d/b/a St. Vincent De Paul Home and School for an event to be held November 6-7, 2004, at the A.C. Brase Arena Building. The motion was Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 1,2004 _96_ approvedupon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, and Ritter. Nays,none. B OTHER 1 Ms. Ritter made a motion seconded by Mr. Purcell to change the following dates for City Council Meetings in 2005: Monday,January 17,M.L.King Jr. Day Tuesday,January 18 Monday, February 21,President's Day Tuesday,February 22 Monday,July 4,Independence Day Tuesday,July 5 Monday, September 5,Labor Day Tuesday, September 6 The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell,and Ritter. Nays,none. Ms. Boardman made a motion seconded by Mr. Hopkins to accept the annual city audit for fiscal year ending June 30, 2003, prepared by Beussink, Hey, Roe, Seabaugh and Stroder, LLC. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell,Ritter. Nays,none. 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, Purcell, Ritter. Nays,None. „0,00-- vi. Knudtson,Mayor C .I CMAA....04_ ayle�. onrad,City Clerk