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HomeMy WebLinkAboutCouncil.Minutes.12-06-2004.Regular • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 6,2004 109 REGULAR SESSION—DECEMBER 6,2004 The Cape Girardeau City Council convened in regular session on Monday, December 6, 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. Sam Ramdial, First General Baptist 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 November 4, 2004 special session and November 15, 2004 regular and closed sessions were approved upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst,Hopkins,Knudtson, Purcell, and Ritter. Nays,none. The Agenda was adopted upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson, Purcell, and Ritter. Nays,none. CITY COUNCIL COMMUNICATIONS Mr. Herbst reported on the status of the Animal Task Force. It has met twice, and the members are reviewing possible ordinance changes. The recommendations of the Task Force will be placed in one report and presented to the Council at a later date. The next meeting of the Animal Task Force is December 15t. Mayor Knudtson presented the following: 1. A meeting was held last Wednesday on Downtown Development. Chris Hutson presided over the meeting, which included downtown property owners and businesses. The next meeting will be in February. 2. Steve Williams in Planning Services was elected Chairman of State-Wide Community Development Block Grant Advisory Committee. This is a major policy advisory committee that has significant influence on the direction of the Community Development Block Grant Program in Missouri. PUBLIC HEARINGS This being the date set for a public hearing regarding the petition for annexation from the City of Cape Girardeau for a 1.5 acre portion of Delaware Park located adjacent to the northern City limits east of Old Sprigg Street and north of Lexington Avenue, the hearing was opened. City Manager Doug Leslie stated that this property is owned by the City. The next action will be at the January 3,2005 meeting. There being no further appearances,the hearing was closed. This being the date set for a public hearing regarding the request of Terry Cole for a Special Use Permit for a monument sign, located at 2907 Independence Street, in a C-1, Local Commercial 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. Terry Cole appeared in support of the request and to answer any questions. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 6, 2004 110 • There being no further appearance this hearing was closed. BILL NO. 04-258 was given first reading as follows: F AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO TERRY COLE, CYNTHIA COLE, GARY DEWITT AND DEBBIE DEWITT FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A SIGN LOCATED AT 2907 INDEPENDENCE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU The first reading of BILL NO. 04-258 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. This being the date set for a public hearing regarding the request of AJL Investments, LLC for a Special Use Permit for a monument sign, located at 1417 N. Mt. Auburn Road, in a C-1, Local Commercial 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. There being no appearances the hearing was closed. BILL NO. 04-261 was given the first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO AJL INVESTMENTS, L.L.C., FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A SIGN LOCATED AT 1417 N. MT. AUBURN ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-261 was approved upon Ms. Ritter's motion, Mr. Purcell's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, and Ritter. Nays, none. APPEARANCES Ms. Lauren Tracy appeared regarding property acquisition for the Broadway widening project. She stated she purchased 1310 Broadway approximately two years ago for an art studio and has a rental unit in the basement. She attended a meeting approximately one month ago, and at that time the City indicated to her that it will acquire her property and tear down her house to widen Broadway to "five lanes". Ms. Tracy did not understand why it was necessary to tear down her home for this project. She would be willing to donate a portion of her property for this project. Mr. Leslie reviewed the proposed plans for this project and discussed the purpose of the meeting that was held with the property owners. In addition, individual meetings were held with some of the property owners. Upon questioning by Ms. Ritter, Mr. Leslie further explained that this project was first presented in October, and all adjoining property owners were notified of the meeting. Mayor Knudtson added that that this is the initial step to start the improvement, and this is not final. Ms. Debbie Tracy, mother of Lauren Tracy appeared and stated she felt it is the responsibility of the City to address problems with traffic flow and parking in the areas around the University and to.protect the integrity of the neighborhood around the University. She felt these problems would get worse if Broadway is increased to "five lanes". She expressed concern with both pedestrian Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 6, 2004 1 and automobile traffic. She opposed "five lanes" of traffic at this intersection. She expressed additional concerns with parking by students at the University. Im Mayor Knudtson stated this project is in the early stages of design and now is the time to review is the proposed plan. Mr. Purcell and Ms. Boardman also presented comments on this project. Mr. Terry Cole appeared and requested permission from the Council to install the sign posts at his new building being constructed at 2907 Independence while the parking lot is being put in. He stated he would not put the faces in the sign until the ordinance was finally approved. Mr. Cole stated that the City is presently working on a sign ordinance, and under this new ordinance, as he understands it,he would not need a special use permit to put up the sign. Mr. Leslie stated that legally the special use permit ordinance will be approved at the next Council meeting, and other property owners in this area h ve been forced to comply with the ordinance. Upon questioning by Ms. Ritter, City Planner ent Bratton explained if the proposed sign ordinance was in effect, Mr. Cole would have onl needed to get a building permit for the sign. Following discussion by the Council, Mayor Knudt on asked the City to review Mr. Cole's request and to contact Mr. Cole on Tuesday to work out the,issue. Mr. Scott Tillen, an attorney with the Oliver Law Firm appeared on behalf of The Police Officers Benevolent Association regarding the ordinance appropriating funds for operating expenditures, capital expenditures and operating transfers for the fiscal year ending June 30, 2005. Mr. Tillen stated that he appreciated the communication between the City Manager's Office and the Association. If the Council adopts the pay plan as previously presented, he thinks that it needs to be fully funded. Mr. Tillen stated that the Association wants to facilitate better communication between the Association and the City Manger's office. Ms. Gayle Estes appeared and stated that her husband is a police officer for the City. She reviewed the experience her husband has had as a police officer and expressed concerns that the pay plan does compensate officers for their experience or years of service. Ms. Estes requested the City Manager meet with the Police Officers Association and discuss a compromise to give the officers the raise she believes they deserve. Mr. Rick Kuntze appeared on behalf of Jerry Lipps. He introduced Don Dickerson to bring the Council up to date on the status of the proposed Lipps throught-the-fence project at the airport. Mr. Don Dickerson appeared on behalf of Jerry Lipps and his companies. He discussed proposed development of Mr. Lipps' 100 acres adjacent to the airport and issues relating to annexation of all 100 acres. Mr. Dickerson stated that Mr. Lipps has talked with two companies regarding possible future development on this land. He asked the staff to keep an open mind to help both projects develop in this area. Mayor Knudtson responded that the Council will consider any plan brought before them. Mr. Don Howard appeared and presented a video tape to the Council. Mr. Howard made comments relating to proposed raises for city employees. He stated he is opposed to raising sewer and trash fees to help cover these raises. Mr. Howard asked the City to enforce ordinances fairly and equally, and stated that hew wants to be left alone. There are ways other than raising taxes to get things accomplished. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 6, 2004 112 Mr. Purcell responded to Mr. Howard that the Council takes his complaints seriously and respects the fact that he is willing to present such information. Mr. Purcell stated, however, that he has reviewed previous tapes presented,but there was nothing illegal on the tapes. CONSENT ORDINANCES The following bills were given second and third readings. BILL NO. 04-246 AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM RANDOL FARMS DEVELOPMENT, INC., IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-249 AN ORDINANCE APPROVING THE RECORD PLAT OF THE HIGHLANDS AT DALHOUSIE—PHASE II BILL NO. 04-250 AN ORDINANCE APPROVING THE RECORD PLAT OF DEER VALLEY TOWNHOUSES 2 BILL NO. 04-251 AN ORDINANCE APPROVING THE RECORD PLAT OF CAPAHA CENTER SUBDIVISION BILL NO. 04-252 AN ORDINANCE APPROVING THE RECORD PLAT OF GIBONEY WOODS FOURTH BILL NO. 04-253 AN ORDINANCE APPROVING THE RECORD PLAT OF SAINT FRANCIS HEALTH & WELLNESS CENTER CONDOMINIUMS, REPLAT NO. 1 The second and third readings of BILL NOs. 04-246, 04-249, 04-250, 04-251, 04-252 and 04-253 were approved and the ordinances adopted upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays, none. BILL NO. 04-246 is ORDINANCE NO. 3417; BILL NO. 04-249 is ORDINANCE NO. 3418; BILL NO. 04-250 is ORDINANCE NO. 3419; BILL NO. 04-251 is ORDINANCE NO. 3420; BILL NO. 04-252 is ORDINANCE NO. 3421; BILL NO. 04-253 is ORDINANCE NO. 3422. NEW ORDINANCES BILL NO. 04-254 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF BROADWAY BETWEEN PERRY AVENUE AND HOUCK PLACE The first reading of BILL NO. 04-254 was approved upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. Mr. Purcell abstained from voting due to financial reasons; because he sold a piece of property to Mr. Meystedt, who is part of the acquisition. BILL NO. 04-256 was given first reading as follows: AN ORDINANCE AMENDING THE BOUNDARIES OF TRUNK SEWER DISTRICT NO. 14- 2-E, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 4 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 6, 2001 44-3— The 113The first reading of BILL NO. 04-256 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. 04-257 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO LIGHTED LAMP USAGE The first reading of BILL NO. 04-257 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays, none. Mr. Leslie explained this will bring the city code into compliance with state statute. Ms. Ritter requested the City educate the public on this new law. BILL NO. 04-262 was given first, second and third readings as follows: AN ORDINANCE REPEALING ORDINANCE NO. 3405 AND RESCINDING THE RECORD PLAT OF MERRIWETHER SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first, second and third readings of BILL NO. 04-262 were approved and the ordinance adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. Mr. Purcell abstained from voting due to financial reasons; because he has sold property to John Wyman. Mr. Cunningham explained that emergency reading is necessary because the prior plat was submitted by a person who does not own the property, and that invalid plat has been recorded. BILL NO. 04-262 is ORDINANCE NO. 3423. BILL NO. 04-263 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF WYMAN SUBDIVISION The first reading of BILL NO. 04-263 was approved upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. Mr. Purcell abstained from voting due to financial reasons; becuase he has sold property to John Wyman. BILL NO. 04-264 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, BY REPEALING A CERTAIN HANDICAP PARKING ZONE ON PERRY AVENUE AND ESTABLISHING A NEW HANDICAP ZONE ON PERRY AVENUE, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 04-264 was approved upon Mr. Purcell's 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 December 6, 2004 444— BILL NO. 04-265 was given first reading as follows: AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, F CAPITAL EXPENDITURES, AND OPERATING TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2005, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 04-265. Upon questioning by the Council, Mr. Leslie explained that the pay plan is a budget issue. This ordinance appropriates funds for the pay plan, for increased hours at park facilities, and for changes to the spring cleanup program. These changes are the result of comments received from Council members since the last budget cuts. Public Works Director Tim Gramling explained the changes to the spring cleanup program and the associated costs. Mr. Purcell expressed concerns with raising sewer and solid waste fees to cover personnel costs. Mr. Leslie discussed how enterprise funds work and that he did not agree with depleting fund balances. Mayor Knudtson commented that the Public Works and Parks Department bore the brunt of the $500,000 budget cuts last February, and he did not feel there are enough areas to cut to cover the raises for the enterprise funds. Upon questioning by Ms. Ritter, Mr. Leslie discussed the increased number of steps in the pay plan and the equity steps to be provided to employees to ease the compression. Each step equals a two percent increase. The Mayor questioned the Police Chief, Fire Chief, Public Works Director and Parks and Recreation Director if they were comfortable with the pay plan. Each responded with positive comments. The Mayor continued that the Public Safety Trust Fund was to give $558,000 for public safety salaries, and this plan provides $688,000. The goal of recruitment and retention of officers has been met. He stated that Doug Leslie did an excellent job of bringing department heads into the process. Mr. Leslie stated his goal was to get the pay plan implemented as soon as possible after starting to receive the tax revenue. Ms. Ritter indicated she will support this as a work in progress. She would like to the see the City further consider performance based and cost of living increases, and look at markets for various positions in the future. Mayor Knudtson explained that Condrey and Associates will complete an update in one year, and these points should be provided to them for their review. Following discussion, the original motion to approve the first reading of BILL NO. 04-265 was approved with the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays,none. RESOLUTIONS BILL NO. 04-255 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT CO., INC., FOR THE ARENA CREEK STORM WATER IMPROVEMENT The reading of BILL NO. 04-255 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays, none. BILL NO. 04-255 is RESOLUTION NO. 2018. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 6,2004 — BILL NO. 04-259 was presented as follows: $ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL FROM THE REGIONAL EMPLOYEE ASSISTANCE PROGRAM, IN THE CITY OF CAPE g GIRARDEAU,MISSOURI The reading of BILL NO. 04-259 was approved and the resolution adopted upon Ms. Boardman's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell and Ritter. Nays,none. BILL NO. 04-259 is RESOLUTION NO. 2019. BILL NO. 04-260 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LEMONS WASTE SYSTEMS, INC., FOR SOLID WASTE TRANSPORTATION AND DISPOSAL, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The reading of BILL NO. 04-260 was approved, and the resolution adopted, upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays, none. BILL NO. 04-260 is RESOLUTION NO. 2020. Mr. Leslie reviewed the contract and explained this will be a 2.6 percent increase over the previous contract. BILL NO. 04-266 was presented as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION FROM MARK RADEMAKER, AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION The reading of BILL NO. 04-266 was approved and the resolution adopted upon Ms. Ritter's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell and Ritter. Nays,none. BILL NO. 04-266 is RESOLUTION NO. 2021. APPOINTMENTS Mr. Dennis Vollink was appointed to the River Campus Board of Managers for a term expiring December 1, 2007, upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes,Boardman, Herbst,Hopkins, Knudtson, Purcell and Ritter. Nays,none. Mr. Bill Hinckley was appointed to the Planning and Zoning Commission for a term expiring November 1, 2008, upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman,Herbst,Hopkins,Knudtson Purcell and Ritter. Nays,none. OTHER A motion to file the recommendation of the Planning and Zoning Commission to deny 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 Dwelling District, 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 December 6, 2004 116 Transportation Projects and Needs Statements of the Cape Girardeau County Sub-Committee of the Regional Transportation Advisory Committee were approved upon Mr. Hopkins' motion, Mr. Herbst second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays, none. The improvement plans for the relocation of a sanitary sewer in Suburban Heights serving the residence at 2536 Master Drive 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 request by Bob Bohnsack for a time extension on improvement plans for Lainie's First Subdivision was approved upon Ms. Boardman's motion, Mr. Hopkins' second and the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson, Purcell and Ritter. Nays,none. The improvements to the Bloomfield Road Bridge over Ramsey Creek were accepted, and final payment to Penzel Construction Company, Inc. was authorized upon Ms. Ritter's motion, Mr. Hopkins' second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, and Ritter. Nays,none. A letter of authorization for a Contract Obligation with the Missouri Department of Natural Resources for landfill financial assurance was approved upon Mr. Hopkins' motion, Mr. Herbst's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays,none. The improvement plans for a sanitary sewer to serve The Meadows of Whispering Oaks D Sewer was approved contingent upon receipt of inspection fees upon Ms. Ritter's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays,none. There being no further business, the meeting adjourned upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays, none. Ja :. Knudtson, Mayor 4/ /V'' �1rrl04 Gayle L. Coin ad, City Clerk