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HomeMy WebLinkAboutCouncil.Minutes.08-15-2005.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 15, 2005 287 REGULAR SESSION—AUGUST 15,2005 The Cape Girardeau City Council convened in regular session on Monday, August 15, 2005, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charlie Herbst,Matthew Hopkins,Marcia Ritter,Loretta Schneider and Debra Tracy 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 property acquisition, litigation, confidential communications with the City Attorney, and personnel pursuant to RSMo. Section 610.021(1), (2) and (3) upon Mr. Herbst's motion, Mrs. Tracy's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider, and Tracy. Nays,none. The minutes of the August 1, 2005, regular and closed sessions were approved upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson,Ritter, Schneider and Tracy. Nays,none. The agenda was adopted upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes,Boardman,Herbst,Hopkins,Knudtson,Ritter, Schneider, and Tracy. Nays,none. COUNCIL COMMUNICATIONS Mrs. Tracy commended the Park Board and Park Staff on the recent tour of the various City parks. He also stated that on August 20, 2005, there will be a softball tournament and dedication ceremony honoring Cary Flanigan for his commitment to the City parks. Ms. Ritter complimented the Public Works Department for responding over the weekend to repair a ditch that had filled up from the rain. Upon questioning by Ms. Ritter, City Manager Doug Leslie stated that he and Inspection Services Director Robb McClary had met today to discuss the status of the proposed sign ordinance. Staff will be reviewing a proposed strategy and will present an amended draft to the Planning and Zoning commission for review. A final recommendation will then be submitted to the City Council. Mr. Leslie also stated that the signs on city right of way are being collected by the Police Department. CITY MANAGER'S COMMUNICATIONS Mr. Leslie reported on the following: 1. The rain has delayed the North Kingshighway right turn lane project at Cape Rock Drive. The contractor is working to pave the lane before the end of the week. The paving will take place during nighttime hours. 2. Broadway opened for light two-way traffic this morning. The west lane will be poured on Tuesday,and it should be ready for students coming back on Thursday. 3. He introduced Mitch Robinson, Executive Director of Cape Area MAGNET Association, to present information regarding this association. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 14, 2005 288__ Mr. Robinson explained that the association changed names in September of 2004 with a goal to attract business and industry to Cape Girardeau. He presented a history of the organization,how it was formed, reviewed legislation which positively changed the business market in Missouri, and reviewed the brochure marketing the airport manufacturing facility. PUBLIC HEARINGS This being the date set for a public hearing to consider vacating the city's interest in a 16' alley which runs from Good Hope Street to Bloomfield Road, between West End Boulevard and Park Street, the hearing was opened. Mr. Jerry Keele from the Church of Christ appeared in support of the request and to answer any questions. There being no further appearances, the hearing was closed. BILL NO. 05-182 was given first reading as follows: AN ORDINANCE VACATING AN ALLEY RUNNING FROM GOOD HOPE STREET TO BLOOMFIELD ROAD BETWEEN WEST END BOULEVARD AND PARK STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-182 was approved upon Ms. Ritter's motion, Mr. Hopkins' second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. APPEARANCES Mr. Rick Essner appeared representing St. Francis Medical Center on the request to rezone a portion of 211 St. Francis Drive from C-2, General Commercial District, to C-3, Central Business District and to request a public hearing on the request. Mayor Knudtson stated the public hearing will be held at the September 6, 2005, City Council meeting. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 05-166 AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE BY ESTABLISHING SPEED LIMITS ON SIEMERS DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 05-167 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 229 NORTH LORIMIER STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R- 4 TO C-3 BILL NO. 05-169 AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; LIBRARY FUND TAX; PUBLIC HEALTH TAX; SPECIAL BUSINESS DISTRICT TAX NO. 2; FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, 2006 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 15,2005 _789 BILL NO. 05-171 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A GENERAL WARRANTY DEED TO ALLIANCE BANK FOR REAL PROPERTY LOCATED IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 05-170 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM ALLIANCE BANK FOR A PROPERTY TRANSFER BETWEEN ALLIANCE BANK AND THE CITY OF CAPE GIRARDEAU BILL NO. 05-173 AN ORDINANCE AMENDING ORDINANCE NO. 3520 APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, DEBT SERVICE PAYMENTS, CAPITAL EXPENDITURES, AND TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2005, IN THE CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. 05-174 AN ORDINANCE APPROVING THE RECORD PLAT OF DEEVERS FARM-PHASE I SUBDIVISION Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the second and third readings of BILL NOs. 05-166, 05-167, 05-169, 05-171, 05-170, 05-173 and 05-174 and adopt the ordinances. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-166 is ORDINANCE NO. 3533; BILL NO. 05-167 is ORDINANCE NO. 3534; BILL NO. 05-169 is ORDINANCE NO. 3535; BILL NO. 05-171 is ORDINANCE NO. 3536; BILL NO. 05-170 is ORDINANCE NO. 3537; BILL NO. 05-173 is ORDINANCE NO. 3538; BILL NO. 05-174 is ORDINANCE NO. 3539. Mr. Hopkins abstained on Bill Nos. 05-171 and 05-170 for financial reasons,due to his business relationship with Alliance Bank. NEW ORDINANCES BILL NO. 05-177 was given first reading as follows: AN ORDINANCE AMENDING SECTION F OF SECTION 26-247 OF THE CITY CODE BY ESTABLISHING A NO PARKING ZONE AT THE SOUTHWEST CORNER OF BROADWAY AND LORIMIER, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 05-177 was approved upon Mrs. Boardman's motion, Mrs. Tracy's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider, and Tracy. Nays,none. BILL NO. 05-178 was given first reading as follows: AN ORDINANCE ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS AND PERMANENT STORMWATER EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR STORMWATER IMPROVEMENTS IN THE ARENA CREEK WATERSHED The first reading of BILL NO. 05-178 was approved upon Mr. Herbst's motion, Mr. Hopkins' second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. Mr. Hopkins thanked staff for their work in getting the project to this point. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 15,2005 290 BILL NO. 05-179 was given first reading as follows: AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT AND A PERMANENT STORMWATER EASEMENT FROM PATRICIA L. RAY AND JOEL W. RAY, TRUSTEES OF THE PATRICIA L. RAY REVOCABLE TRUST U/A DATED SEPTEMBER 5, 2001,FOR ARENA CREEK STORMWATER IMPROVEMENTS The first reading of BILL NO. 05-179 was approved upon Mr. Herbst's motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. BILL NO. 05-180 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE BY ADDING A NEW SECTION 26-233 RELATING TO "EXHIBITION DRIVING." The first reading of BILL NO. 05-180 was approved upon Mr. Hopkins' motion, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. Upon questioning by the Council, Police Captain Carl Kinnison explained that some driving behaviors were not covered under city ordinance for careless and imprudent driving, and this ordinance will cover these violations. Once this ordinance is approved, press releases will be issued to update the public on the changes, and the school resource officers will distribute the information through the schools BILL NO. 05-183 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE TO ESTABLISH REDUCED SPEED LIMITS WHEN ELECTRIC SIGNAL LIGHTS ARE FLASHING ON A PORTION OF ROUTE K, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-183 was approved upon Mrs. Tracy's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. Mr. Leslie stated the city is working on placing flashing signals for the intersection of Route K and Notre Dame Drive. BILL NO. 05-185 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY CODE RELATING TO THE 2003 INTERNATIONAL CODES The first reading of BILL NO. 05-185 was approved upon Mr. Hopkins' motion, Mrs. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. Mr. Hopkins commended the Board of Adjustment for its review of these new building codes. The adoption of these codes will clear up issues with the old codes, such as requirements for seismic designs. Mayor Knudtson stated that it has become difficult to fill all the positions on this board due to the limited requirements. It may be necessary to look at reviewing board policies to help in these situations. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 15,2005 291 RESOLUTIONS IIZ BILL NO. 05-164 was presented as follows: i A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 6 TO THE MASTER SERVICES AGREEMENT WITH SMITH & CO., INC., FOR SUSSEX DRIVE IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The reading of BILL NO. 05-164 was approved and the resolution adopted upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-164 is RESOLUTION NO. 2096. Mr. Leslie stated that Mr. Chris Layton of Smith and Company is present to answer any questions. BILL NO. 05-181 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE ENGINEERING SERVICES CONTRACT WITH KOEHLER ENGINEERING AND LAND SURVEYING, INC., FOR BROADWAY IMPROVEMENTS PHASE II, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 05-181 was approved and the resolution adopted upon Mr. Herbst's motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Knudtson, Ritter, Schneider and Tracy. Nays, none. Mr. Hopkins abstained for financial reasons due to a business relation with contractor. BILL NO. 05-181 is RESOLUTION NO. 2097. BILL NO. 05-184 was presented as follows: A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI STATE HISTORIC PRESERVATION OFFICE AND THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, FOR A GRANT TO BE USED FOR A PUBLIC WORKSHOP ON THE MAINTENANCE AND CONSERVATION OF CEMETERY GRAVESTONES, AND OTHER RELATED MATTERS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 05-184 was approved and the resolution adopted upon Mr. Herbst's motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-184 is RESOLUTION NO. 2098. Upon questioning by Mrs. Schneider, Mr. Leslie stated that applications are submitted through the recommendation of the Historic Preservation Commission, and the matching funds are all in-kind donations and no cash. APPOINTMENTS Mr. Charles Heady was appointed to the Golf Course Advisory Board for a term expiring September 4, 2008, upon Ms. Ritter's motion, Mrs. Schneider's second and the following vote: Ayes, Boardman,Herbst, Hopkins,Knudtson,Ritter, Schneider and Tracy. Nays,none. Mr. Farris Nabors was appointed to the Board of Appeals for a term expiring September 4, 2010, upon Mr. Hopkins' motion,Mr. Herbst's second and the following vote: Ayes,Boardman,Herbst, Hopkins,Knudtson,Ritter, Schneider and Tracy. Nays,none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 15, 2005 292 Mr. David Hinton, Mr. Larry Caldwell, and Mr. Edward Hart were appointed to the Board of Adjustment for terms expiring September 4, 2010, upon Mrs. Tracy's motion, Mrs. Boardman's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider 2 and Tracy. Nays,none. LIQUOR LICENSE Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve a temporary 5% beer by the drink license for Amy R. Copen, d/b/a Court Appointed Special Advocates, for an event to be held at 210 Deerfield Lane (County Road 313) August 19-20, 2005. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. • Mr. Herbst made a motion, seconded by Mrs. Schneider, to conditionally approve a retail liquor by the drink and Sunday sales license for Ricky Scott Draughon d/b/a El Durango # 2 LLC, 3049 William, Suite 115. The motion was approved upon the following vote: Ayes, Boardman,Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. Mrs. Schneider made a motion, seconded by Mrs. Boardman, to conditionally approve an original package liquor and Sunday sales license for Pajco, Ins., d/b/a Rhodes 101 Stop #170, 1624 N. Kingshighway. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Ritter, Schneider and Tracy. Nays,none. OTHER Mr. Herbst made a motion, seconded by Mrs. Schneider, to accept into the city's system the water main extension to serve The Meadows of Whispering Oaks. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. Mrs. Boardman made a motion, seconded by Mrs. Tracy, to deny the request for variance to the sidewalk requirements for Rock Creek Meadows Subdivision. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. Ms. Ritter stated it is important to be consistent in interpreting ordinances, and the Planning and Zoning Commission did a good job in reviewing this request. Mr. Hopkins made a motion, seconded by Mrs. Tracy, to file the recommendation of the Planning and Zoning Commission to deny the request of R.A. Ritter, Jr., and Ann W. Ritter to rezone the northeast corner of Kingshighway and Southern Expressway from M-2, Heavy Industrial District, to R-4, Multi-Family Residential District. The motion was approved upon the following vote: Ayes,Boardman,Herbst,Hopkins, Knudtson,Ritter, Schneider and Tracy. Nays,none. There being no further business, the City Council adjourned to closed session for purposes of discussing confidential communications with the City Attorney, pursuant to RSMo. Section 610.021(1) upon Mr. Hopkins' motion, Mrs. Tracy's second and the following vote: Ayes, Boardman,Herbst,Hopkins, Knudtson, Ritter, Schneid- .nd Tracy. Nays,none. aJ' toktad •y B udtson ' ayor Gayle L. Conran City Clerk