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HomeMy WebLinkAboutCouncil.Minutes.12-20-2004.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 20, 2004 —119— • REGULAR SESSION—DECEMBER 20,2004 The Cape Girardeau City Council convened in regular session on Monday, December 20, 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. City Attorney Eric Cunningham 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 December 20, 2004 regular and closed sessions were approved upon Mr. Hopkins' motion, Ms. Boardman'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, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson, Purcell,and Ritter. Nays,none. Mayor Knudtson presented a plaque on behalf of Hugh White honoring him for his service on the City Council. Mayor Knudtson presented a plaque to Jay Purcell in appreciation for his service on the City Council. Mayor Knudtson wished Mr. Purcell success in his new position on the County Commission. Mayor Knudtson stated that City staff has reviewed emergency measures the City has taken in the past to help citizens be more ready for emergency situations. He introduced Emergency Management Director Mark Hasheider to present a brief presentation on outdoor warning systems. Mr. Hasheider presented information regarding disaster mitigation and the purpose of outdoor warning systems. He explained how a warning system can be implemented in two phases: first to protect outdoor park systems and second to protect the rest of the citizens. The City is proposing an "Adopt a Siren"program to obtain private donations to pay for emergency outdoor sirens. Mr. Hasheider introduced Pete Poe of the Southeast Missouri District Fair Association. Mr. Poe explained that 2005 will be 150th anniversary of the fair. The Fair Association wants to give something back to the community and offered to provide one siren to be placed in Arena Park. Mayor Knudtson thanked the Fair Association for its contribution to the City. CITY COUNCIL COMMUNICATIONS Mayor Knudtson presented the following: 1. He requested City Manager Doug Leslie to present an update on the status of the flood map designation. Mr. Leslie stated there is a 90 day clock that has started with FEMA to complete the maps. The City will receive information in early March and work with FEMA to get information out to the citizens. Mayor Knudtson commended legislators for their assistance in getting this done. 2. Mr. Al Stoverink, Facilities Manager at Southeast Missouri State University, is resigning and moving to Arkansas State University. He served on several city committees and is a great advisor to the City. Mayor Knudtson wished Mr. Stoverink well in his new position. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 20, 2004 120 3. A Winter Storm Watch is in effect for Southeast Missouri Tuesday night through Thursday morning. Tim Gramling, Public Works Director, gave an update on how Public Works is preparing for this event. APPEARANCES Mr. Basil Harrison appeared regarding the motion to approve the preliminary plat of Timber Creek Subdivision. He stated he is an adjoining property owner, and he wanted to know what it means if this preliminary plat is approved. Mr. Leslie stated the plat was submitted by Mitch Kinder Development. This is the normal process to plat a development. It was reviewed by the Planning and Zoning Commission on December 8 and recommended to the Council for approval. The developer wants residential development in R-1 zoning with single family dwellings. The next step is for the developer to submit improvements plans to show water lines, sewer lines and streets. Mr. Harrison stated he wants to review this plan before the Council approves this. He expressed his opposition to any development of this property. Mr. Leslie explained this is a private development, the property is not being rezoned, and therefore no signs were posted. Mayor Knudtson stated if this is zoned properly, the owner has the right to develop it. Mayor Knudtson requested city staff sit down with Mr. Harrison and review the plan. Ms. Fellows appeared and expressed her opposition to this development. She expressed concern with how this development will affect her well water. She does not want roads paved, and she thinks this will disturb the atmosphere of the area. She stated she should have been notified before this development went before the Planning and Zoning Commission. Mayor Knudtson explained that if anything other than R-1 development would have occurred on this property, the neighbors would have been notified. However, the city may need to review its processes for notifying adjoining property owners on developments. Upon questioning by Ms. Ritter, Mr. Leslie further explained that if a property is properly zoned for the proposed development, then there is no notice to neighbors. This is a private development and the owner is developing it in accordance with state and local law. Mayor Knudtson explained they cannot give a special hearing to just this neighborhood; the Council has no jurisdiction to do this. However the city can facilitate a meeting for the neighbors to get their questions answered. Richard Renfrow appeared regarding this development. He stated his property does not adjoin the development but it is close to the south side. He wanted to know how the streets will affect his neighborhood. Mr. Leslie stated the preliminary plat shows access off of Old Sprigg Street road and Lexington only. Mayor Knudtson requested each person in attendance regarding this development to give their name and phone number to the City Clerk, and the City will facilitate a meeting with the developer to address questions of the neighbors. CONSENT ORDINANCES The following bills were given second and third readings. BILL NO. 04-256 AN ORDINANCE AMENDING THE BOUNDARIES OF TRUNK SEWER DISTRICT NO. 14-2-E, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-257 AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO LIGHTED LAMP USAGE Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 20, 2004 121 BILL NO. 04-258 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 BILL NO. 04-261 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 BILL NO. 04-263 AN ORDINANCE APPROVING THE RECORD PLAT OF WYMAN SUBDIVISION BILL NO. 04-264 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 BILL NO. 04-265 AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, CAPITAL EXPENDITURES, AND OPERATING TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2005, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOs. 04-256, 04-257, 04-258, 04-261, 04-263, 04-264 and 04-265 were approved and the ordinances adopted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays, none. Mr. Purcell abstained for financial reasons on BILL NO. 04-263 because he has sold property to John Wyman. BILL NO. 04-256 is ORDINANCE NO. 3424; BILL NO. 04-257 is ORDINANCE NO. 3425; BILL NO. 04-258 is ORDINANCE NO. 3426; BILL NO. 04-261 is ORDINANCE NO. 3427; BILL NO. 04-263 is ORDINANCE NO. 3428; BILL NO. 04-264 is ORDINANCE NO. 3429; BILL NO. 04-265 is ORDINANCE NO. 3430. BILL NO. 04-254 was given second and third readings as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF BROADWAY BETWEEN PERRY AVENUE AND HOUCK PLACE Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the second and third readings of BILL NO. No. 04-254. Upon questioning by Ms. Ritter, Mr. Leslie explained that there will be sidewalks on both sides of Broadway with a parkway between the sidewalk and street. Standard walk width for sidewalks is four feet, and the parkway will allow room for utilities. All of this will depend on the property acquisition. In addition,there will be two lanes each direction with a center turn lane up to Henderson. Following discussion by the Council, the motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, and Ritter. Mr. Purcell abstained because he sold property to Jay Meystedt who is involved in this property acquisition. BILL NO. 04-254 is ORDINANCE NO. 3431. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 20, 2004 122— NEW ORDINANCES BILL NO. 04-267 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF SILVERTHORNE SECOND SUBDIVISION The first reading of BILL NO. 04-267 was approved upon Ms. Ritter's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays,none. BILL NO. 04-268 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR CONSTRUCTION OF A LEFT TURN LANE AT MISSOURI ROUTE K AND NOTRE DAME DRIVE Following discussion, the first reading of BILL NO. 04-268 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays,none. RESOLUTIONS BILL NO. 04-269 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A BROKER PROPOSAL SUBMITTED BY FINCH AND MARCHBANKS FOR SHORT AND LONG TERM DISABILITY INSURANCE FOR THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 04-269 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. 04-269 is RESOLUTION NO. 2022. BILL NO. 04-270 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL SUBMITTED BY HEALTHY ALLIANCE FOR LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE FOR THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 04-270 was approved and the resolution adopted upon Mr. Purcell's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell and Ritter. Nays,none. BILL NO. 04-270 is RESOLUTION NO. 2023. BILL NO. 04-271 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE AGREEMENT FOR ENGINEERING SERVICES WITH STRICKLAND ENGINEERING, L.C., FOR THE POLICE DEPARTMENT HVAC MODIFICATION, IN THE CITY OF CAPE GIRARDEAU,MISSOURI • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 20, 2004 123 The reading of BILL NO. 04-271 was approved, and the resolution adopted, upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays,none. BILL NO. 04-271 is RESOLUTION NO. 2024. Ei • is BILL NO. 04-272 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 13 TO THE AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI AND JACOBS CIVIL, INC., FOR THE RAMSEY CREEK SEWER LINE PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 04-272 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell and Ritter. Nays,none. BILL NO. 04-272 is RESOLUTION NO. 2025. BILL NO. 04-274 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL FROM BANNER FIRE EQUIPMENT, INC., FOR THE PURCHASE OF AN AERIAL LADDER TRUCK AND TO EXECUTE ALL NECESSARY CONTRACT DOCUMENTS The reading of BILL NO. 04-274 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays, none. BILL NO. 04-274 is RESOLUTION NO. 2026. Mr. Hopkins commended staff of the Fire Department and Finance Department for working with the City of Memphis and saving approximately$100,000 on this purchase. BILL NO. 04-275 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE 2005 STOP VIOLENCE AGAINST WOMEN GRANT FROM THE MISSOURI DEPARTMENT OF PUBLIC SAFETY AND TO EXECUTE ALL NECESSARY GRANT DOCUMENTS Following comments by the Police Chief, the reading of BILL NO. 04-275 was approved and the resolution adopted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays, none. BILL NO. 04-275 is RESOLUTION NO. 2027. APPOINTMENTS Mr. Bill Eddleman was appointed to the Historic Preservation Commission for a term expiring April 16, 2006, upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson, Purcell and Ritter. Nays, none. Mr. Doug Austin, Mr. Philip Nacy, Ms. Shirley Patterson, and Mr. Wes Wright were appointed to the Vision 2020 Community Relations Council for a term expiring December 31, 2007 and Mr. Scott Johnson was appointed for a term expiring December 31, 2006, upon Mr. Purcell's motion, Mr. Hopkins' 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 20, 2001 124— Mr. Jess Hopple was appointed to the Board of Adjustment for a term expiring March 6, 2009, upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays,none. a Mr. Paul Mingus was appointed to the Cable Television Advisory Committee for a term expiring 1 February 20, 2005, upon Ms. Ritter's motion, Ms. Boardman's second, and the following vote: Ayes,Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays, none. Mayor Knudtson was appointed to the Cape Girardeau Parks Development Foundation for a term expiring December 31, 2005, upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes,Boardman,Herbst, Hopkins,Knudtson, Purcell and Ritter. Nays,none. Mr. Hopkins and Mayor Knudtson were appointed to the Cape Girardeau Area MAGNET for a term expiring December 31, 2005, upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes,Boardman, Herbst,Hopkins,Knudtson,Purcell and Ritter. Nays,none. LIQUOR LICENSE Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve a temporary 5% beer by the drink liquor license for Hugh J. McGowan IV d/b/a Southeast Missouri Hospital Foundation for an event to be held December 31, 2004 to January 1, 2005 at the A.C. Brase Arena Building. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays,none. OTHER The preliminary plat of Timber Creek Subdivision was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays,none. Mayor Knudtson asked the staff to arrange a meeting with the neighbors. Improvements to Independence Street from Pacific Street to Sprigg Street were accepted and final payment to Lappe Cement Finishing Inc. was authorized upon Mr. Herbst's motion, Mr. Hopkins' 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. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell and Ritter. Nays, none. 4 f Knudtson, Mayor dif I Gayle L. NZ ad, City Clerk