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HomeMy WebLinkAboutCouncil.Minutes.10-03-2005.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 3, 2005 315.— REGULAR SESSION—OCTOBER 3,2005 rn F. The Cape Girardeau City Council convened in regular session on Monday, October 3, 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. Rev. Robert Towner of Christ Episcopal 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 Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. The minutes of the September 19, 2005, regular and closed sessions were approved upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. The agenda was adopted upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Boardman, Herbst,Hopkins,Knudtson,Ritter, Schneider and Tracy. Nays,none. COUNCIL COMMUNICATIONS Mayor Knudtson welcomed Ms. Ritter back from volunteering with the hurricane relief efforts in Mississippi. Ms. Ritter asked the community to continue to keep victims in their prayers. She stated that being able to help in the hurricane relief gave her the opportunity to see first hand the best in people. It also gave her a good perspective on disaster relief, and she encouraged city staff to continue to prepare for any future disaster that could occur in this area. Mayor Knudtson stated that the Project Katrina Committee worked here through the disaster, and the EMAC group will continue to provide assistance as needed. Mayor Knudtson congratulated Police Chief Steve Strong on his upcoming retirement, commended him on his accomplishments over the past 29 years,and wished him well. Mrs. Tracy stated that the CERT training class starts October 19 and will be held on Wednesday mornings for four weeks. Anyone interested in participating can call the Fire Department. She encouraged everyone to participate in this training. Mrs. Schneider congratulated the Southeast Missourian on 100th anniversary celebration this past weekend. Mr. Herbst thanked the staff for putting in a 4-way stop at Spanish and William. The new section of Fountain has increased traffic through this area, which has also helped to refurbish this area. Mrs. Boardman stated that Sears Grand had a soft opening today and was very busy. The Grand Opening would be held October 15. Ms. Ritter spoke regarding open burning regulations and comments received from Mrs. Boyer. She encouraged the council to review current regulations and review the possibility of imposing specific requirements in certain areas, Upon questioning by the Mayor, City Manager Doug. Leslie Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 1, 20fl5 316 stated that the suggestions from Mrs. Boyer listed three options for burning limitations for the Council to consider; however, he expressed concerns with establishing no burning zones in specific areas of the city and the ability to enforce these no burn zones. Council members discussed options for regulating burning in the city and around schools. Mr. Leslie explained that citizens can burn leaves without a permit, but they must have a permit to burn limbs and bushes. W Following additional discussion by the Council, Fire Chief Rick Ennis stated that Ms. Boyer had previously indicated she would like to be present at meetings where this issue is discussed. Mayor Knudtson stated the Council will continue to discuss this at future meetings. CITY MANAGER'S COMMUNICATIONS Mr. Scott Meyer, Facilities Manager for Southeast Missouri State University, gave a presentation and an update on the University River Campus facility and reviewed the construction schedule. The facility is scheduled for completion in the fall of 2007. Fire Chief Rick Ennis gave a presentation on the status of the grant for development of a comprehensive smoke detector program and the work the department is doing to get working smoke detectors in homes in high risk areas of the city. PUBLIC HEARINGS This being the date set for a public hearing regarding a petition for voluntary annexation from Southeast Missouri University Foundation for the University Farm property east of Interstate 55, and a petition for voluntary annexation from the Missouri State Highway and Transportation Commission for the Interstate 55 right-of-way from the current City limits to the north line of the Foundation property, the hearing was opened. Ms. Julie Welch appeared and stated she lives one-half mile from the University Farm and is currently in the Jackson School District. She asked if this would change and how the annexation would affect utilities and her property. Mayor Knudtson gave Ms. Welch a map of the area to be annexed. Mr. Leslie stated that the annexation will not affect school districts, and this will only affect the University and MoDOT property. The city is required to notify adjoining owners of annexation which gives her the opportunity to connect to utilities; however, this will not affect her property taxes. There being no further appearances,the hearing was closed. The first reading of BILL NO. 05-212 was presented as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF THE SOUTHEAST MISSOURI UNIVERSITY FOUNDATION AND THE MISSOURI STATE HIGHWAY AND TRANSPORTATION COMMISSION The first reading of BILL NO. 05-212 was approved upon Mr. Hopkins' motion, Mr. Herbst's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. This being the date set for a public hearing regarding the request of R. Hetzel Properties, LLC for a special use permit for an apartment on the second floor of 20 North Pacific Street, located in a C- 1, Local Commercial District. 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,this hearing was closed. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 3,2005 _317____ The first reading of BILL NO. 05-215 was presented as follows: Z AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO R. HETZEL PROPERTIES, L.L.C., FOR PURPOSES OF CONSTRUCTING AND MAINTAINING AN APARTMENT AT 20 NORTH PACIFIC STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-215 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 This being the date set for a public hearing regarding the request of Kenneth and Teresa Campbell for a special use permit for a day care center for 40 children at 449 Jefferson Avenue, located in an R-3, Two-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. Teresa Campbell appeared in support of the request and to answer questions. Under state regulations, she can have up to 34 children with 2 adults per 10 children. There being no further appearances,this hearing was closed. The first reading of BILL NO. 05-216 was given as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO KENNETH CAMPBELL AND TERESA CAMPBELL FOR PURPOSES OF MAINTAINING AND OPERATING A DAY CARE CENTER AT 449 JEFFERSON AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 05-216 was approved upon Mr. Herbst's motion, Mrs. Boardman's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. This being the date set for a public hearing regarding the request of Craig and Elizabeth Thomas for a special use permit for an art gallery and art studio at 124 South Spanish Street, located in at R-4, Multi-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,this hearing was closed. The first reading of BILL NO. 05-217 was presented as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CRAIG THOMAS AND ELIZABETH THOMAS FOR THE PURPOSE OF MAINTAINING AND OPERATING AN ART GALLERY AND AN ART STUDIO AT 124 SOUTH SPANISH STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-217 was approved upon Mr. Herbst's motion, Ms. Ritter'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 October 1, 7005 31R APPEARANCES Mr. Eric Marquart of SEMO Land LLC appeared regarding the previous discussion on open burning in the city. This type of burning does affect the City especially with large construction projects which require land clearing. With Transportation Trust Fund III there will be a large amount of clearing and burning required. He stated that open burning regulation changes will have a large impact on commercial development in the city, including the amount and cost of development. Mr. Leslie stated that Ron Duff, who televises the City Council meetings, is placing wording on the screen describing the item that is being discussed by the Council on the live broadcast of the meeting. This is being done in an effort to help citizens follow along with the meeting. Mr. Eric Marquart, 2718 Peachtree, appeared regarding the Arena Creek stormwater project. There is a large amount of water in his front yard that will not flow off his property from the construction project, and he requested city staff look into this. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 05-205 AN ORDINANCE ACCEPTING A WATER LINE EASEMENT AND SANITARY SEWER EASEMENTS FROM VARIOUS PROPERTY OWNERS, FOR THE IMPROVEMENT OF DEEVERS FARM SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 05-206 AN ORDINANCE APPROVING THE RECORD PLAT OF THE LOCHS AT DALHOUSIE—PHASE II BILL NO. 05-207 AN ORDINANCE APPROVING THE RECORD PLAT OF THE LOCHS AT DALHOUSIE—CORRECTED AMENDED BILL NO. 05-208 AN ORDINANCE APPROVING THE RECORD PLAT OF DEER VALLEY TOWNHOUSES 3 BILL NO. 05-209 AN ORDINANCE AMENDING SCHEDULE R OF SECTION 26-248 OF THE CITY CODE BY ESTABLISHING A 30-MINUTE PARKING ZONE ON MERRIWETHER STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI Ms. Ritter made a motion, seconded by Mr. Hopkins, to approve the second and third readings of BILL NOs. 05-205, 05-206, 05-207, 05-208, and 05-209 and to adopt the ordinances. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-205 is ORDINANCE NO. 3560; BILL NO. 05- 206 is ORDINANCE NO. 3561; BILL NO. 05-207 is ORDINANCE NO. 3562; BILL NO. 05- 208 is ORDINANCE NO. 3563; BILL NO. 05-209 is ORDINANCE NO. 3564. NEW ORDINANCES BILL NO. 05-213 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 3, 2005 319 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE BY ESTABLISHING A NO PARKING ZONE ON A PORTION OF SPANISH STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI a The first reading of BILL NO. 05-213 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. 05-214 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING STOP SIGNS ON WILLIAM STREET AND SPANISH STREET AND AMENDING SCHEDULE E OF SECTION 26-283 OF THE CITY CODE BY ENACTING A FOUR-WAY STOP AT WILLIAM STREET AND SPANISH STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 05-214 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. RESOLUTIONS BILL NO. 05-210 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH CAPAHA BANK FOR WALKER BRANCH CHANNEL IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The reading of BILL NO. 05-210 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. 05-210 is RESOLUTION NO. 2105. BILL NO. 05-211 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 15 TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH JACOBS CIVIL, INC., FOR THE SOUTH RAMSEY LIFT STATION PROJECT, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The reading of BILL NO. 05-211 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Herbst's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-211 is RESOLUTION NO. 2106. BILL NO. 05-218 was presented as follows: A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI HOUSING DEVELOPMENT COMMISSION FOR GRANT FUNDING UNDER THE MISSOURI HOUSING DEVELOPMENT TRUST FUND PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Octnb-P.r c/005 _320 The reading of BILL NO. 05-218 was approved and the resolution adopted upon Mrs. Schneider's motion, Mrs. Tracy's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-218 is RESOLUTION NO. 2 2107. Mr. Herbst thanked the staff for pursuing and securing grants under this program, making a great impact on the neighborhoods. The reading of BILL NO. 05-219 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ZOELLNER CONSTRUCTION COMPANY, INC., FOR INTERIOR RENOVATIONS AT FIRE STATION NO.4, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 05-219 was approved and the resolution adopted 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. 05-219 is RESOLUTION NO. 2108. Upon questioning by Ms. Ritter, Chief Ennis stated that staff removed the HVAC unit and duct work from the project to reduce the amount of the bid. This until will eventually have to be replaced. Mr. Leslie stated the system has not reached the end of its life, and staff can plan on the replacement at a future date when it is absolutely needed. OTHER Mrs. Tracy made a motion, seconded by Mrs. Schneider to reject the bids for the roof replacement of Fire Station No. 2, and authorize the City staff to re-bid the project. Mr. Leslie stated that they will make modifications to change the sprinkler system that will affect roof trusses and reduce the cost of the project. 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 approve the revised Exhibit G to the Development Agreement with Sears Roebuck and Company for construction of certain public improvements in connection with the development of the Sears Grand Store on Siemers Drive. Mr. Leslie stated that the initial costs are coming in lower than anticipated and this revised Exhibit G reflects more closely the actual costs of the project. The motion was approved upon the following: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. The Council discussed the recommendations of the Charter Review Committee and the possible time frame for placing these issues before the voters. Following discussion, Mayor Knudtson directed the staff to put the proposed ordinance on the December 19`h City Council agenda for the purpose of calling an April election. There being no further business, the City Council adjourned upon Mr. Hopkins' motion, Mr. Herbst's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. r diry Knudtson Mayor 6547 // CAga Gayle L.t,onrad, City Clerk