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HomeMy WebLinkAboutCouncil.Minutes.02-22-2005.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 22, 2005 159 REGULAR SESSION—FEBRUARY 22,2005 The Cape Girardeau City Council convened in regular session on Tuesday, February 22, 2005, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charlie Herbst,Matthew Hopkins and Marcia Ritter present. Rev. Scott Moon, 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 property acquisition, litigation, and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1) and(2) upon Mr. Herbst's motion, Ms. Boardman's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. The minutes of the February 7, 2005, regular and closed sessions were approved upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson and Ritter. Nays,none. The agenda was adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes,Boardman,Herbst, Hopkins, Knudtson and Ritter. Nays,none. COUNCIL COMMUNICATIONS Mayor Knudtson presented a proclamation to Rick Hetzel of Downtown Rotary and Rich Hartmann of Cape County Rotary recognizing Rotary International for its 100th Anniversary. Mr. Hetzel presented a commemorative coin to the city on behalf of Rotary International. Mayor Knudtson recognized members of Boy Scout Troop #2 who were present as a requirement to earn two badges. Mayor Knudtson stated that a Missouri Uniform Law Enforcement System (MULES) audit was recently completed at the Cape Police Department. He commended the department for the 97% compliance rating it received. In addition, Communications Unit Supervisor Kim Conway was commended for forms she developed for use with the MULES system, and the auditor is recommending that these forms be made available for use by all agencies in the state, including the Missouri Highway Patrol. Regarding litter on area highways and roads in the city, Mayor Knudtson stated that the city has received many requests to clean up these areas. The Cape Girardeau Police Department is now developing a program to address this problem. City Manager Doug Leslie explained that the City will be utilizing municipal prisoners to provide cleanup services in City, and the collected material will be picked up by the Public Works Department. The department will use a uniformed person from the Jail Division or Nuisance Abatement Division to supervise the prisoners. Mayor Knudtson stated that the City has received many phone calls on the return of the 1140` to Cape Girardeau. He requested Ms. Sheila Gross appear and review what is being done to welcome the troops home. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 22,2005 160 APPEARANCES Ms. Gross stated that approximately 500 men and women are returning from Iraq. The family a support group is requesting to place ribbons and flags on all light polls from Interstate 55 to Arena Park or wherever they come to. The troops are expected to arrive on Friday or Monday of this week. Ms. Gross stated that the City has an ordinance prohibiting the placement of items on utility polls, but she requested an exemption for her request. The family support group will put up and take down all the ribbons. Ms. Gross is working with the State Highway Patrol and City Police Department to escort the troops into Cape. Mayor Knudtson stated the City will give full support and welcome the troops home. The City Manager can authorize the placement of ribbons on polls, as long as the group puts up and takes down the ribbons. Ms. Gross explained that several other troops will be coming home later in the year and asked if this can be done again. Mayor Knudtson stated this could be done, and she just needed to contact the City Manager. Felix Kinsley, former member of the Historic Preservation Commission, appeared in support of the nomination of the Old Lorimier Cemetery to the National Register of Historic Places Mr. Henry Terry appeared regarding the ordinance vacating a portion of Spanish Street and questioned which portion of the street the city is vacating. Following an explanation by the City Manager, Mr. Terry responded that this will put a hardship on the church property, will make it impossible to turn around on the church property, and will not allow access by the trash trucks. Mr. Terry stated he has spoken with Mr. John Wyman about this. He expressed further opposition to vacating this portion of Spanish Street, stating that this issue has been unclear, and he requested a map showing the area to be vacated. Mayor Knudtson gave Mr. Terry a map of the area to be vacated and explained that the developers have acted in good faith on this development. Mr. Leslie explained that the property can be vacated by petition or by action of the Council. Mr. Ron Seyer, member of Mr. Terry's church, appeared in opposition to the request to vacate a portion of Spanish Street. By vacating a portion of the street, he felt the City has devalued the property. The Church has been in existence for two years and has been in the building since November of 2004. Mr. Howard Dillard appeared in support of the ordinance approving the record plat of the Glenn Kinder Subdivision. BILL NO. 05-35 was given the first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF GLENN KINDER SUBDIVISION The first reading of BILL NO. 05-35 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. CONSENT ORDINANCES The following bills were given second and third readings. BILL NO. 05-15 AN ORDINANCE ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF COMMERCIAL STREET Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 22,20051 BILL NO. 05-16 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF BLOOMFIELD ROAD BETWEEN SIEMERS DRIVE AND STONEBRIDGE DRIVE a BILL NO. 05-18 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF MARK RADEMAKER BILL NO. 05-19 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND A TEMPORARY CONSTRUCTION EASEMENT FROM SOUTHEAST MISSOURI STONE COMPANY FOR THE IMPROVEMENT OF SILVER SPRINGS ROAD AND KINGSHIGHWAY INTERSECTION BILL NO. 05-20 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO D & G PROPERTIES, INC., FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A DRIVE-IN RESTAURANT LOCATED IN THE 1800 BLOCK OF NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 05-21 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 3215 BLOOMFIELD ROAD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-1 TO C-1 BILL NO. 05-25 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF TWO TRACTS OF LAND LOCATED ON EITHER SIDE OF MT. AUBURN ROAD JUST SOUTH OF BLOOMFIELD ROAD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO C-1 BILL NO. 05-22 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO KENNY FOESTE AND JUDY FOESTE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING STORAGE UNITS LOCATED IN THE 2500 BLOCK OF STATE HWY. 177, IN I/ THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 05-26 AN ORDINANCE AMENDING SECTION 30-21 OF THE CITY CODE RELATING TO DISTRICT AND BOUNDARIES BILL NO. 05-32 AN ORDINANCE AMENDING SECTIONS 15, 25 AND 30 OF THE CITY CODE BY CHANGING THE TERM "MULTIPLE DWELLING" DISTRICT TO "MULTI-FAMILY DWELLING" DISTRICT Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 22005 162 BILL NO. 05-27 AN ORDINANCE APPROPRIATING MONIES FOR OPERATING EXPENDITURES AND CAPITAL EXPENDITURES FROM THE CONVENTION AND VISITORS FUND FOR THE FISCAL YEAR F ENDING JUNE 30, 2005, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 05-30 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR CONSTRUCTION OF STREET IMPROVEMENTS AND FOR RECONFIGURING THE BROADWAY-HENDERSON STREET INTERSECTION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOs. 05-15, 05-16, 05-18, 05-19, 05-20, 05-21, 05-25, 05- 22, 05-26, 05-32, 05-27 and 05-30 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. BILL NO. 05-15 is ORDINANCE NO. 3442; BILL NO. 05-16 is ORDINANCE NO. 3443; BILL NO. 05-18 is ORDINANCE NO. 3444; BILL NO. 05-19 is ORDINANCE NO. 3445; BILL NO. 05-20 is ORDINANCE NO. 3446; BILL NO. 05-21 is ORDINANCE NO. 3447; BILL NO. 05-25 is ORDINANCE NO. 3448; BILL NO. 05-22 is ORDINANCE NO. 3449; BILL NO. 05-26 is ORDINANCE NO. 3450; BILL NO. 05-32 is ORDINANCE NO. 3451; BILL NO. 05-27 is ORDINANCE NO. 3452; BILL NO. 05-30 is ORDINANCE NO. 3453. BILL NO. 05-24 was given second and third reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO E. W. GEISER FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING FOUR ADDITIONAL APARTMENT BUILDINGS AT 807 NORTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Hopkins made a motion, seconded by Ms. Boardman, to approve the second and third readings of BILL NO. 05-24 and adopt the ordinance. The Council discussed concerns relating to emergency access to this development. Mr. Leslie stated the Fire Department made a trial run to access the area using the driveway to Ratliff's residential care facility. The truck did drag going into the drive and had encountered some difficulty getting in the driveway. Mr. Tom Holshouser, architect for the proposed development, stated that Mr. Geiser spoke with Mr. Ratliff and other neighbors about improving the slope of the driveway. Mr. Mike Ratliff appeared and stated he did speak with Mr. Holshouser after the last meeting about improving the slope of the drive; however, he did not agree to any improvements at that time. If the slope of the drive is modified, this will affect the number of parking spaces in his parking lot. Mayor Knudtson explained that there is another way to access this property, and staff has reassured that emergency vehicles can access the area. Mr. Leslie continued that the main access to this development is to the north of the Ratliff drive. It is possible that cars could temporarily block this drive if they are leaving the area while a fire truck is trying to get in. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 22, 2005 Following discussion, the original motion to approve BILL NO. 05-24 was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-24 is ORDINANCE NO. 3454. BILL NO. 05-23 was given second and third readings as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SCOTT ROWLAND AND ASHLI ROWLAND FOR THE PURPOSE OF MAINTAINING AND OPERATING A DAY SPA LOCATED AT 151 SOUTH SPANISH STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the second and third readings of BILL NO. 05-23 and adopt the ordinance. Mr. Hopkins made a motion, seconded by Mr. Herbst, to amend the ordinance and special use permit to include two on-premise advertising signs. The amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-23 is ORDINANCE NO. 3455. Mayor Knudtson apologized to Ms. Rowland and Ms. Oliver for comments made at the last City Council meeting. NEW ORDINANCES BILL NO. 05-28 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF NORTH SPANISH STREET RIGHT-OF-WAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Following comments by the City Council,the first reading of BILL NO. 05-28 was approved upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. Mr. Leslie stated that the city has re-striped and re- signed the parking lot at the Convention and Visitors Bureau, and there are now 55 parking spaces available for public use. BILL NO. 05-33 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF A SUBDIVISION OF LOT 64 OF CLARKTON PLACE SUBDIVISION PHASE IV The first reading of BILL NO. 05-33 was approved upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-34 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF VOLLINK CONDOMINIUMS The first reading of BILL NO. 05-34 was approved upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-36 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 22, 2005 164 AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE, BY PLACING A YIELD SIGN ON LOUISIANA STREET AT JEFFERSON F STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Following comments by the Mayor, the first reading of BILL NO. 05-36 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson and Ritter. Nays,none. RESOLUTIONS BILL NO. 05-37 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH SUNNY HILL GARDEN CENTER TO OCCUPY A CERTAIN PORTION OF THE RIGHT-OF-WAY ACQUIRED FOR THE CAPE LACROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT The reading of BILL NO. 05-37 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-37 is RESOLUTION NO. 2040. BILL NO. 05-38 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT CONTRACT AND CONCESSION AGREEMENT WITH HERTZ CORPORATION FOR AUTOMOBILE RENTAL SERVICES AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 05-38 was approved and the resolution adopted upon Ms. Ritter's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. BILL NO. 05-38 is RESOLUTION NO. 2041. BILL NO. 05-39 was presented as follows: A RESOLUTION DETERMINING THE INTENT OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO REIMBURSE ITSELF FOR CERTAIN CAPITAL EXPENDITURES The reading of BILL NO. 05-39 was approved and the resolution adopted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-39 is RESOLUTION NO. 2042. BILL NO. 05-40 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH SMS REAL ESTATE COMPANY, L.L.C., FOR SANITARY IMPROVEMENTS ON MARIA LOUISE LANE The reading of BILL NO. 05-40 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. BILL NO. 05-40 is RESOLUTION NO. 2043. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 27,2005 1.65_ BILL NO. 05-41 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE OZARK AIRCRAFT MAINTENANCE OFFICE AND HANGAR LEASE AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 05-41 was approved and the resolution adopted upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, and Ritter. Nays, none. BILL NO. 05-41 is RESOLUTION NO. 2044. APPOINTMENTS Mr. Gerald Bryan was appointed to serve on the University of Missouri Extension Council for a term expiring February 28, 2007, upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes,Boardman, Herbst,Hopkins, Knudtson and Ritter. Nays,none. Mr. Mark Buerch was appointed to the Board of Adjustment for a term expiring March 6, 2010, upon Ms. Boardman's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. Mr. Rick Lambert was appointed to serve on the Cable Television Advisory Committee for a term expiring February 20, 2008, upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. Mr. Herbst made a motion, seconded by Mr. Hopkins, to amend his previous motion relating to the University of Missouri Extension Council by appointing Mr. Dale Kester to the Council instead of Mr. Gerald Bryan. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson and Ritter. Nays,none. OTHER Ms. Boardman made a motion, seconded by Mr. Hopkins, to approve the nomination of the Old Lorimier Cemetery to the National Register of Historic Places. The motion was approved upon the following vote: Ayes,Boardman,Herbst,Hopkins, Knudtson and Ritter. Nays,none. Mr. Hopkins made a motion, seconded by Ms. Ritter, to approve the preliminary plat of Coyote Creek Estates Subdivision. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. Mr. Hopkins made a motion, seconded by Mr. Herbst, to accept the improvements completed at the intersection of Missouri Route 61, Mt. Auburn Road, and Lexington Avenue, and to authorize final payment to Lappe Cement Finishing, Inc. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-42 was given first, second,and third readings as follows: AN ORDINANCE AUTHORIZING THE CITY OF CAPE GIRARDEAU, MISSOURI TO EXECUTE A PROMISSORY NOTE TO MONTGOMERY BANK Proceedings of the City Council, City of Cape Girardeau, Mo. RPgitlar Session February 22, 2005 166 The first, second, and third readings of BILL NO. 05-42 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. BILL NO. 05-42 is F ORDINANCE NO. 3456. There being no further business, the meeting adjourned upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. 70- ay B udtson Mayor O'Q'i-)AkrAcie Gay e L. 1d,ad, City Clerk