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HomeMy WebLinkAboutCouncil.Minutes.09-06-2005.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 6, 2005 295 REGULAR SESSION—SEPTEMBER 6,2005 3.12 The Cape Girardeau City Council convened in regular session on Tuesday, September 6, 2005, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charlie Herbst, Matthew Hopkins, Loretta Schneider and Debra Tracy present. Marcia Ritter was absent. Pastor Sam Ramdial of 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 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, Schneider, and Tracy. Nays,none. The minutes of the August 8, 2005, special and closed sessions, and the August 15, 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, Schneider and Tracy. Nays,none. The agenda was adopted upon Mr. Hopkins' motion, Mrs. Schneider's second, and the following vote: Ayes,Boardman,Herbst,Hopkins,Knudtson, Schneider and Tracy. Nays,none. COUNCIL COMMUNICATIONS Mayor Knudtson explained that Ms. Ritter is absent because she is volunteering with the Red Cross in Louisiana to help with the Hurricane Katrina disaster. Mrs. Tracy presented an update on the Beautification Committee. The Southeast Missourian newspaper has offered to match funds to join the Keep America Beautiful Campaign. She encouraged individuals to show their support for this project by making a donation to join this cause. Mayor Knudtson announced that the HOG Rally is this weekend, and the Semo District Fair kicks off this weekend as well. CITY MANAGER'S COMMUNICATIONS City Manager Doug Leslie introduced Jay Stencel as the new City Engineer and commended Abdul Alkadry for filling in during the interim period. Ms. Mary Burton with the American Red Cross appeared and updated the Council on the community's response to the Hurricane Katrina disaster. She explained there are two streams of people coming to Cape. The first have resources with family and friends, and the second are people who are running out of resources and are moving to shelters in Benton and Kennett. The ARC is working on long-term needs of the people who choose to stay in our community. She stated that the best way for people to help the victims is through a financial contribution. Mayor Knudtson continued that the City hosted a meeting this morning to discuss implications on our community and our response. The City is working with Red Cross to meet the needs of the Proceedings of the City Council, City of Cape Girardeau, Mo. • Regular Session September 6, 2005 _�96 people. He asked Ms. Burton what is the best thing people can do for victims. Mr. Leslie stated that the Fire and Police Departments are on standby to provide assistance if the request is made. F Assistant Fire Chief Mark Hasheider presented an update on the Cape Girardeau County 911 system, which covers the cities of Cape Girardeau and Jackson as well as Cape Girardeau County. W The 911 Committee is working towards a goal of having one 911 call center for the entire county. He reviewed a 10-year upgrade plan and how it will positively affect the City's ISO rating. Public Information Officer Tracey Glenn presented an update on the work of the City's Bicentennial Committee. The celebration will begin in February, 2006, with a re-creation of the plat signing event. A contest will be held at the end of the month to select a Town Crier to preside over the Bicentennial Celebrations. PUBLIC HEARINGS This being the date set for a public hearing to consider an addition to the Zoning Ordinances for allowed uses in C-2, General Commercial District, the hearing was opened. There being no appearances,the hearing was closed. BILL NO. 05-186 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO COMPONENT ASSEMBLY REGULATIONS IN GENERAL COMMERCIAL DISTRICTS The first reading of BILL NO. 05-186 was approved upon Mrs. Boardman's motion,Mr. Hopkins' second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. This being the date set for a public hearing to consider the request of Sherman and Syvilla Swan and Frank and Rebecca Stinnett for a Special Use Permit for a day care center for up to twenty-five children at 1200 Ranney Avenue, located in an R-2, Single-Family Residential 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. 05-189 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SHERMAN SWAN, SYVILLA SWAN, FRANK STINNETT, REBECCA STINNETT AND BETH McFERRON, FOR THE PURPOSES OF MAINTAINING AND OPERATING A DAY CARE CENTER AT 1200 RANNEY STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-189 was approved upon Mr. Herbst's motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. This being the date set for a public hearing to consider the request of Drury Land Development Inc., for a Special Use Permit for a Sonic drive-in restaurant at 262 Siemers Drive in a C-2 General 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 6,2005 297 "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. 05-190 was given the first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DRURY LAND DEVELOPMENT, INC., AND D & B PROPERTIES, INC., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A SONIC DRIVE-IN RESTAURANT AT 262 SIEMERS DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-190 was approved upon Mrs. Boardman's motion, Mr. Herbst's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. This being the date set for a public hearing to consider the request of St. Francis Medical Center to rezone a portion of 211 St. Francis Drive from C-2, General Commercial District, to C-3, Central Business District. Mr. Rick Essner appeared on behalf of St. Francis Medical Center and reviewed the hospital's proposed development. He presented information from tenants of the building, adjacent property owners and the hospital Board of Directors. The requested area to be rezoned has been reduced since the Planning and Zoning Commission meeting to include only the hospital property already developed and this proposed development and not the full 59 acres. He reviewed concerns discussed at the P&Z meeting. In addition, he stated that the distance of the proposed structure from the road has not changed from what was presented to Planning and Zoning. The distance to Mt. Auburn road is greater than what is required in a C-2 zone. There being no further appearances,this hearing was closed. BILL NO. 05-192 was given the first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF A PORTION OF 211 ST. FRANCIS DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM C-2 TO C-3 Mrs. Boardman made a motion, seconded by Mr. Herbst,to approve the first reading of BILL NO. 05-192. Mrs. Tracy questioned if the changes to the rezoning request should be referred back to Planning and Zoning. Following comments by the council, Mrs. Boardman called for a vote: Ayes,Boardman,Herbst,Hopkins,Knudtson and Tracy. Nays: Schneider. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 05-177 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 6,2005 29R BILL NO. 05-178 AN ORDINANCE ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS AND PERMANENT STORMWATER EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR STORMWATER IMPROVEMENTS IN THE ARENA CREEK WATERSHED W BILL NO. 05-179 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 BILL NO. 05-180 AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE BY ADDING A NEW SECTION 26-233 RELATING TO EXHIBITION BILL NO. 05-182 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 BILL NO. 05-183 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 BILL NO. 05-185 AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY CODE RELATING TO THE 2003 INTERNATIONAL CODES Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the second and third readings of BILL NOs. 05-177, 05-178, 05-179, 05-180, 05-182, 05-183 and 05-185 and adopt the ordinances. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays, none. BILL NO. 05-177 is ORDINANCE NO. 3540; BILL NO. 05-178 is ORDINANCE NO. 3541; BILL NO. 05-179 is ORDINANCE NO. 3542; BILL NO. 05-180 is ORDINANCE NO. 3543; BILL NO. 05-182 is ORDINANCE NO. 3544; BILL NO. 05-183 is ORDINANCE NO. 3545; BILL NO. 05-185 is ORDINANCE NO. 3546. NEW ORDINANCES BILL NO. 05-188 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF CHARLIE'S PLACE SUBDIVISION Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 05-188, Mrs. Boardman made a motion, seconded by Mrs. Schneider, to amend the ordinance to grant the requested variance to the subdivision sidewalk requirements. The amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. The original motion was approved as amended upon the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson, Schneider and Tracy. Nays,none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 6,2005 799 BILL NO. 05-191 was given first reading as follows: Z AN ORDINANCE AUTHORIZING EXECUTION OF AN AIR TRAFFIC CONTROL TOWER OPERATING ASSISTANCE GRANT AGREEMENT BETWEEN THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AND THE CITY OF CAPE GIRARDEAU,MISSOURI,FOR THE CAPE GIRARDEAU REGIONAL AIRPORT The first reading of BILL NO. 05-191 was approved upon Mr. Hopkins' motion,Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. BILL NO. 05-193 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ROLLINS PLACE SUBDMSION Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 05-188, Mrs. Boardman made a motion, seconded by Mrs. Schneider, to amend the ordinance to grant the requested variance to the subdivision sidewalk requirements. The amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. The original motion was approved as amended upon the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson, Schneider and Tracy. Nays,none. BILL NO. 05-198 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 15-E, A SUBDMSION OF TRUNK SEWER DISTRICT 15, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 05-198 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. Mr. Hopkins made a motion, seconded by Mrs. Schneider, to accept into the city's system the street, sanitary sewer, storm and water improvements for Sewer District 15-E, Deever's Farm Phase I Subdivision, and to authorize the release of the escrow covering these improvements. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. BILL NO. 05-200 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 29 OF THE CITY CODE RELATING TO APPLICATIONS FOR UTILITIES The first reading of BILL NO. 05-200 was approved upon Mr. Herbst's motion, Mrs. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. BILL NO. 05-204 was given first reading as follows: ORDINANCE AMENDING ORDINANCE NO. 2451 IN CONNECTION WITH CERTAIN OUTSTANDING BONDS OF THE CITY AND PRESCRIBING RELATED MATTERS Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 6, 2005 300 The first reading of BILL NO. 05-204 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays, none. Mr. Leslie stated that this action will save the city one-half million dollars in the refinancing of the bonds. W BILL NO. 05-203 was given the first reading as follows: ORDINANCE APPROVING THE RECORD PLAT OF THE HIGHLANDS AT DALHOUSIE —PHASE III The first reading of BILL NO. 05-203 was approved upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. RESOLUTIONS BILL NO. 05-201 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH DALHOUSIE, L.L.C., AND MONTGOMERY BANK FOR THE HIGHLANDS AT DALHOUSIE PHASE III SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 05-201 was approved and the resolution adopted upon Mrs. Boardman's motion, Mrs. Tracy's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. BILL NO. 05-201 is RESOLUTION NO. 2099. BILL NO. 05-187 was presented as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF ANNEXATION PETITIONS FROM THE SOUTHEAST MISSOURI UNIVERSITY FOUNDATION AND THE MISSOURI STATE HIGHWAY AND TRANSPORTATION COMMISSION, AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATIONS The reading of BILL NO. 05-187 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Hopkins' second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. BILL NO. 05-187 is RESOLUTION NO. 2100. BILL NO. 05-194 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FOESTE NURSERY, INC., FOR THE I-55/ROUTE K LANDSCAPE PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 05-194 was approved and the resolution adopted upon Mr. Hopkins' motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. BILL NO. 05-194 is RESOLUTION NO. 2101. BILL NO. 05-195 was presented as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 6,2005 301 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL AGREEMENT FOR ENGINEERING SERVICES WITH WATERS ENGINEERING, INC., IN THE CITY OF CAPE GIRARDEAU,MISSOURI The reading of BILL NO. 05-195 was approved and the resolution adopted upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, • Knudtson, Schneider and Tracy. Nays,none. BILL NO. 05-195 is RESOLUTION NO. 2102. BILL NO. 05-196 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 1 TO THE AGREEMENT FOR ENGINEERING SERVICES WITH WATERS ENGINEERING, INC., FOR A FACILITIES PLAN STUDY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 05-196 was approved and the resolution adopted upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. BILL NO. 05-196 is RESOLUTION NO. 2103. BILL NO. 05-197 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ARCHITECTURAL SERVICES WITH WHITE AND BORGOGNONI ARCHITECTS, P.C. FOR MASONRY REPAIRS OT THE POLICE DEPARTMENT HEADQUARTERS BUILDING, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The reading of BILL NO. 05-197 was approved and the resolution adopted upon Mrs. Schneider's motion, Mrs. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. BILL NO. 05-197 is RESOLUTION NO. 2104. APPOINTMENTS Ms. Patti House was appointed to the Historic Preservation Commission for a term expiring April 16, 2007, upon Mrs. Schneider's motion, Mr. Herbst's second and the following vote: Ayes, Boardman,Herbst,Hopkins,Knudtson, Schneider and Tracy. Nays,none. Mr. Gregg Choate was appointed as the Jaycee representative to the Golf Course Advisory Board for a term expiring September 4, 2008, upon Mrs. Tracy's motion, Mr. Hopkins' second and the following vote: Ayes,Boardman,Herbst,Hopkins,Knudtson, Schneider and Tracy. Nays,none. LIQUOR LICENSES Mrs. Schneider made a motion, seconded by Mrs. Boardman, to approve a temporary 5% beer by the drink license for Donald M. Ganim, d/b/a City of Roses Music Heritage Association, at two locations for an event to be held in Downtown Cape Girardeau on September 23-24, 2005. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve a change in managing officer for Glueck's Bar LLC d/b/a Players, 632 Broadway, Judith A. Dannenmueller, Managing Officer. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 6, 2005 302 The motion was approved upon the following vote: Ayes, Boardman,Herbst, Hopkins,Knudtson, Schneider and Tracy. Nays,none. 2 OTHER ii W The Council discussed issues relating to the recommendations of the Charter Review Committee, including proposed dates for an election on the proposed charter amendments. Upon the request of the Mayor, Mr. Thomas M. Meyer, Chairman of the Charter Review Committee, appeared and discussed the recommendations. He stated that the Committee members reviewed the four issues referred to them and did not discuss other issues. The current Charter does allow citizens to petition charter changes to the Council. Mrs. Schneider commented that she feels the Charter Committee should have been able to discuss other issues, and maybe this discussion will come about in the future. Mayor Knudtson stated that in the Study Session,the Council generally agreed to the recommendations, and they will continue the discussion at the next meeting. The Council discussed the Small Community Air Service Development Grant and Fourth Round Trip at the Cape Girardeau Regional Airport. Following comments, the Council agreed to place this issue on the next agenda for consideration. Mr. Hopkins made a motion, seconded by Mr. Herbst, releasing $212,000 of the escrow covering the improvements in The Highlands of Dalhousie. The motion was approved upon the following vote: Ayes, Boardman,Herbst,Hopkins, Knudtson, Schneider and Tracy. Nays,none. BILL NO. 05-202 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF COYOTE CREEK ESTATES The first reading of BILL NO. 05-202 was approved upon Mr. Hopkins' motion, Mr. Herbst's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,None. BILL NO. 05-199 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-F-11, A SUBDIVISION OF TRUNK SEWER DISTRICT 14-1-F, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 05-199 was approved upon Mrs. Boardman's motion,Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. Mr. Hopkins made a motion, seconded by Mr. Herbst, to accept into the city's system the street, storm sewer, sanitary sewer and water improvements as shown on the approved plans for Coyote Creek Estates Subdivision, contingent upon receipt of the bond from the contractor for the sewer line warranty. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson, Schneider and Tracy. Nays,none. There being no further business, the City Council adjourned to closed session for purposes of discussing property acquisition, litigation, confidential communications with the City Attorney, pursuant to RSMo. Section 610.021(1), (2) and (3) upon Mrs. Schneider's motion, Mr. Hopkins' Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 6,2005 103_ secondand the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. m 2 . ...-- ----- 4K,106601/01411..„, J. ':. Knudtson Mayor r, li OVPItaai Gayle L.SI nrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session _ 304 THIS PAGE INTENTIONALLY LEFT BLANK. E d W