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HomeMy WebLinkAboutCouncil.Minutes.03-07-2005.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 7, 2005 169 REGULAR SESSION—March 7,2005 rn The Cape Girardeau City Council convened in regular session on Monday, March 7, 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. Pastor Mark Martin, St. Andrew Lutheran 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 22, 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. Mr. Hopkins made a motion, seconded by Mr. Herbst, to remove item number 27 from the agenda and to adopt the rest of the agenda. The motion was approved upon the following vote: Ayes, Boardman, Herbst,Hopkins,Knudtson and Ritter. Nays,none. BILL NO. 05-55 read as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN UNDERWRITING AGREEMENT WITH EDWARD D. JONES &CO., L.P. Ms. Kathy Swan appeared on behalf of the local chapter of Zonta International, and stated that Tuesday is International Women's Day and Zonta Rose Day. Ms. Swan presented yellow roses to the Council to wear Tuesday recognizing this day. Ms. Swan read a Resolution from Representative Nathan Cooper honoring and recognizing Zonta Rose Day. On behalf of the Council, Mayor Knudtson thanked Zonta for the recognition. Ms. Ritter announced that the district Zonta meeting will be held in Cape Girardeau in September. Mayor Knudtson and Ms. Boardman presented a Proclamation to Mary Spell honoring her for her dedication to the City of Cape Girardeau and for volunteering her time and efforts to the community. COUNCIL COMMUNICATIONS Mr. Hopkins commended the staff on their craftsmanship in constructing the new tables and podium for the council chambers. Ms. Ritter stated the publication from the Southeast Missourian on the Haarig area was a great article, and she encouraged citizens to read about the history of Cape. Upon questioning by Ms. Boardman, Public Works Tim Gramling explained that the one time annual solid waste pickups started on March 1. Ms. Boardman stated this is available for all residents of the City to have one pickup per year. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 7, 2005 170 Mr. Herbst stated that the final Animal Task Force meeting will be held on Wednesday. A recommendation will be brought before the Council for discussion on March 215t. The team had great discussion from all members, and they reviewed ordinances from other cities. 9 Mayor Knudtson welcomed back the 1140`h from their tour of duty in Iraq. The ceremony held on 1 the day of their return was memorable, and it was a great day for the region. Regarding the city's flood plain areas, Mayor Knudtson stated he received a letter today from FEMA reporting that the City's flood plain designation had been revised. This will have a great impact on commercial and residential flood insurance rates in the City. Many people will also be entitled to a refund of past insurance premiums. Mayor Knudtson commended staff and federal legislators for their assistance on this letter of map revision. CITY MANAGER COMMUNICATIONS City Manager Doug Leslie reported on the following: 1. Police Officer David Gilbertson returned from Iraq and is back to work. 2. Public Safety Trust Fund has allowed for many improvements and changes in the City. The passage of the sales tax has made a great impact on personnel and equipment, including: a) Filling of the vacant air traffic controller position b) Received 79 applications for a fireman position c) Upgraded 20 new police cars and one 4 X 4 vehicle d) Purchased three new fire trucks 3. The Public Information Office is now publishing a city e-newsletter available through the city web page. This replaces the newsletter that was previously distributed quarterly through utility bills. APPEARANCES Mr. Buz Sutherland, Director of the Small Business Development Center, appeared to request an annual investment in the Center by City. The investment would be used to leverage against SBA grants and funding. He presented statistics on services provided to the City of Cape and the surrounding areas. Mayor Knudtson stated that the Council backed off the request in last year's budget. The request before the Council is for$6,000. Following discussion, Ms. Boardman made a motion, seconded by Mr. Hopkins, to include the requested amount within the fiscal budget for this year. The motion was approved with the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, and Ritter. Nays, none. Mr. Howard Dillard appeared in support of the record plat of Glenn Kinder Subdivision and to answer questions. BILL NO. 05-35 was given second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF GLENN KINDER SUBDIVISION The second and third readings of BILL NO. 05-35 were approved and the ordinance adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson, Ritter. Nays,none. BILL NO. 05-35 is ORDINANCE NO. 3457 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 7,2005 l�7ll PUBLIC HEARINGS This being the date set for a public hearing regarding the proposed 2005-2010 Capital Improvements Program for the City of Cape Girardeau, the hearing was opened. There being no appearances,the hearing was closed. This being the date set for a public hearing to consider vacating the city's interest in a sanitary sewer easement in Charleston Estates Subdivision, the hearing was opened. There being no appearances,the hearing was closed. BILL NO. 05-44 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A SANITARY SEWER EASEMENT LOCATED IN CHARLESTON ESTATES SUBDIVISION IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-44 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. This being the date set for a public hearing to consider vacating the City's interest in a 15' alley which runs in a general northerly direction from Houck Place to the Northern boundary of Matteson Terrace Subdivision, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 05-46 was given first reading as follows: AN ORDINANCE VACATING AN ALLEY RUNNING NORTH FROM HOUCK PLACE TO MATTESON TERRACE SUBDIVISION IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-46 was approved upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. This being the date set for a public hearing regarding the request of Steve and Mary LeGrand for a special use permit for a community unit plan for a six-unit apartment building and renovation of an existing house for management quarters on one lot at 514 Amethyst Street located 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. Steve LeGrand appeared in support of the request and to answer questions. There being no further appearances this hearing was closed. BILL NO. 05-48 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO STEVE LEGRAND, MARY LEGRAND AND B.A.C. ENTERPRISES, L.L.C., FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A COMMUNITY UNIT PLAN LOCATED AT 514 AMETHYST STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 7, 2005 172 The first reading of BILL NO. 05-48 was approved upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes: Boardman, Herbst, Hopkins, Knudtson, and Ritter. Nays, none. F This being the date set for a public hearing regarding a proposed amendment to the Zoning Ordinance, Section 30-32,relating to the definition of massage shop (amendment will provide that massage therapists licensed by the State of Missouri would be excluded from C-X zoning requirements), the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 05-49 was given first reading as follows: AN ORDINANCE AMENDING SECTION 30-32 OF THE CITY CODE RELATING TO THE DEFINITION OF MASSAGE SHOP Following comments by Ms. Ritter, the first reading of BILL NO. 05-49 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. 05-28 AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF NORTH SPANISH STREET RIGHT-OF-WAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 05-33 AN ORDINANCE APPROVING THE RECORD PLAT OF A SUBDIVISION OF LOT 64 OF CLARKTON PLACE SUBDIVISION PHASE IV BILL NO. 05-34 AN ORDINANCE APPROVING THE RECORD PLAT OF VOLLINK CONDOMINIUMS BILL NO. 05-36 AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE, BY PLACING A YIELD SIGN ON LOUISIANA STREET AT JEFFERSON STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOs. 05-28, 05-33, 05-34 and 05-36 were approved and the ordinances adopted upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, none. BILL NO. 05-28 is ORDINANCE NO. 3458; BILL NO. 05-33 is ORDINANCE NO. 3459; BILL NO. 05-34 is ORDINANCE NO. 3460; BILL NO. 05-36 is ORDINANCE NO. 3461. NEW ORDINANCES BILL NO. 05-45 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 7,2005 AD_ Thefirst reading of BILL NO. 05-45 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. 05-50 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. 05-50 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-52 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ARBOR HEIGHTS THIRD ADDITION The first reading of BILL NO. 05-52 was approved upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-56 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT SANITARY SEWER EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE RELOCATION OF A SANITARY SEWER AT 2536 AND 2538 MASTERS DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-56 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. RESOLUTIONS BILL NO. 05-47 was presented as follows: A RESOLUTION ADOPTING A PROPOSED FIVE-YEAR TRANSPORTATION TRUST FUND PROGRAM 2006-2010(TTF-3)FOR THE CITY OF CAPE GIRARDEAU,MISSOURI Mr. Hopkins made a motion, seconded by Ms. Boardman, to approve the reading of BILL NO. 05- 47 and adopt the resolution. Mayor Knudtson stated the Capital Improvement Program Public Hearing did not require action on this agenda; however, this TTF-3 program goes along with the Capital Improvement Program. Mr. Herbst stated that the work on West End Boulevard from Bloomfield to Shawnee Parkway is an alternate project. Parents and teachers have expressed concern that there is no sidewalk now, and it is very dangerous to walk this area. He also stated that the TTF includes widening of Linden which adjoins West End, and this could increase traffic in this area. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 7, 2005 174 Mr. Kent Bratton, City Planner stated the Planning and Zoning Commission spent over a year prioritizing these projects and made hard decisions. If the fund has extra money at the end of all of the projects, this will support doing this project. Mr. Leslie stated the staff has had discussions about possible alternate funding for TTF projects which could free up funds for alternate projects. Upon questioning by Ms. Ritter, City Planner Kent Bratton stated that the projects as listed were not in priority order. Mayor Knudtson asked if the council should prioritize or how this should be addressed. Mr. Bratton suggested discussing these priorities at the City Council Retreat. Mayor Knudtson stated the Council will set the priorities for this list prior to the election. Mr. Leslie stated on the April 18`h City Council agenda, there will be an ordinance on the agenda setting the election for August 2nd. Mr. Bratton stated that on agenda item number 6 (public hearing regarding the proposed 2006- 2010 Capital Improvement Program for the City of Cape Girardeau), the staff has made some minor changes to the Capital Improvements Program. Mr. Hopkins stated that in the Community Development section, the city was able to eliminate updates to the current Public Works facility through the purchase of the Jim Wilson building. The original motion to approve BILL NO. 05-47 and adopt the resolution was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-47 is RESOLUTION NO. 2045. BILL NO. 05-51 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR AN HISTORIC STRUCTURE INVENTORY IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 05-51 was approved and the resolution adopted upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. BILL NO. 05-51 is RESOLUTION NO. 2046. BILL NO. 05-54 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BANNER FIRE EQUIPMENT, INC., FOR THE PURCHASE OF THREE FIRE ENGINES Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the reading of BILL NO. 05-54 and adopt the resolution. Mr. Leslie stated the purchase of these trucks will help on the City's ISO rating. Chief Ennis explained that two of three trucks will be here by the end of the year. Delivery of the third will be delayed until the new Station 3 is built. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-54 is RESOLUTION NO. 2047. BILL NO. 05-53 was presented as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 7, 2005 5— A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH STAGE DEVELOPMENT, L.L.C., AND MONTGOMERY BANK,N.A., FOR ARBOR HEIGHTS THIRD ADDITION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 05-53 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. 05-53 is RESOLUTION NO. 2048. OTHER Regarding the Water Street/Main Street project, Mayor Knudtson stated the Council heard from Skip Smallwood of the Planning and Zoning Commission during the study session. Mr. Blattner has worked closely on this project with the downtown businesses, and this can improve on the assets downtown. To complete the improvements, the City must make Water Street one way. The Planning and Zoning Commission and the Council are completing a deeper analysis and coming back with a final plan. Following discussion, Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve proceeding with preparing final design engineering, bid specification and cost estimates for the initial phase of phase 1 of the Water Street/Mural Project. Upon questioning by Ms. Ritter, Mr. Leslie stated they must work with MoDOT to remove the truck route designation from this area. This motion was approved with the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. Mr. Hopkins made a motion, seconded by Ms. Boardman, to accept into the City's system the effluence from the Holiday Inn Express sanitary sewer line, Sewer District 14-1-C-1. The motion was approved with the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. Mr. Herbst made a motion, seconded by Ms. Ritter to accept into the City's system the street, storm and sanitary sewer, and water improvements as shown on the plans for Arbor Heights Third Addition, Sewer District 14-R-3. The motion was approved with the following vote: Ayes, Boardman,Herbst, Hopkins,Knudtson and Ritter. Nays,none. There being no further business, the meeting adjourned upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. Knudtson Mayor uy�=" Qtr (; Gayle Conrad, City Clerk