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HomeMy WebLinkAboutCouncil.Minutes.10-17-2005.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 17,2005 323— REGULAR SESSION–OCTOBER 17,2005 The Cape Girardeau City Council convened in regular session on Monday, October 17, 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. Paul Short of 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, confidential communications with the City Attorney, and personnel pursuant to RSMo. Section 610.021(1), (2) and (3) upon Mrs. Schneider's motion, Mrs. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Ritter, Schneider and Tracy. Nays,none. Mayor Knudtson presented a proclamation to Juanita Penfield, Cheryl Hill and Marcia Ritter of Zonta International in recognition of United Nations Day. Mayor Knudtson presented a plaque to Ken Leimer to recognize and honor him on his retirement from the city and wished him well. Mayor Knudtson put on a red Jackson Indians shirt to honor a wager with Jackson Mayor Paul Sander on the Jackson/Central High School football game. The minutes of the October 3, 2005, regular and closed sessions were approved upon Ms. Ritter's motion, Mr. Herbst'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 Ms. Ritter stated she has recently received feedback about the Council conducting a study session before the regular meeting which gives the impression at the regular meetings that the Council is rubber-stamping issues. The Council members discussed this issue and possible ways to adjust the study session and council meeting to better inform the citizens. City Manager Doug Leslie reported that as the meetings are aired on the public access channel, each item on the agenda will be scrolled on the television screen. Mayor Knudtson commented on the administrative nature of most city council meetings. Mrs. Schneider discussed how sessions were conducted when she previously served on the council. Upon the suggestion by Mrs. Schneider, the Mayor agreed to read the first reading of the new ordinances and resolutions. The Council further discussed issues relating to the format of the council meetings. Mrs. Boardman thanked the Public Works staff for the open house last weekend at the new facility and commended the department on a wonderful building. Mrs. Tracy reminded everyone of the Community Emergency Response Training (CERT) courses which start this Wednesday at Fire Station Number 1. The courses run for five weeks on each Wednesday morning. "roceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 17,2005 324 Mayor Knudtson stated he attended the Sears Grand grand opening Saturday and commended the City Staff for their work to bring this project to fruition. He also announced that the grand opening of Steve and Berry will be held this Wednesday at Westfield Shoppingtown. This store fills the third anchor at the mall. 6 NI Mr. Leslie stated that the city received notice that the ISO rating for the Inspection Services Division was reduced from a Class 5 to a Class 4, which will provide significant savings to commercial buildings in the community that fall under the 2003 building codes. Mayor Knudtson welcomed Carl Kinnison as the new Police Chief for the City of Cape Girardeau and wished him good luck in his new position. Mr. Hopkins stated the Fire Truck Rally was held Saturday, and he commended the Police and Fire Departments for displaying new equipment which was purchased through funding from the Fire Sales Tax. He also recognized former Council Member Butch Eggimann who was attending the meeting. APPEARANCES Mr. Thomas Gaffigan, 1371 East View Ridge, appeared and expressed opposition to the request of SEMO Land, LLC to rezone a 12.11 acre tract in Ashland Court from R-1 to R-4. He also attended the Planning and Zoning Commission meeting last week in opposition to the requested rezoning. Mr. Butch Eggimann, 1340 East View Drive, appeared and expressed opposition to the same rezoning request. Upon questioning by Mr. Eggimann, Mayor Knudtson stated that the developer chose not to withdraw the request. Mrs. Schneider explained that the city is currently working on a master development plan for the City, which will include a review of zoning throughout the city. Mr. Kenneth Bramlett appeared and stated that the posting of this land to be rezoned was not adequate because the notice was placed on the land at the end of a dead end street. Upon questioning by Mr. Bramlett, Mr. Hopkins explained that the applicant has ten days to request a public hearing before the City Council. Mayor Knudtson explained that the city does follow a set procedure for posting properties to be rezoned; however, he did challenge staff to develop better ways to notify adjoining property owners. Ms. Ritter questioned why the City can't require developers to notify surrounding property owners of proposed zoning changes. Mr. Leslie explained that developers and property owners have land rights under state laws. City Attorney Eric Cunningham continued that the City's zoning ordinances are enacted pursuant to State Statue. If an area is zoned a particular way, the developer has a use of right for the land and the City cannot take that away. Council and staff continued discussions on notification procedures for surrounding property owners. Mrs. Carolyn Bramlett appeared and stated if it is left up to a developer to notify residents, it will not get done. She suggested to post all proposed rezonings on the City's web site as well as an explanation of the rezoning process. Ms. Shannon Urhahn, 1320 Platinum Court, stated she could take charge of notifying the neighbors if changes to this property are to occur. Mayor Knudtson requested staff to communicate with Ms. Urhahn on any proposed zoning changes to this land. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 17, 2005 325 Mr. Gordon Glaus, 1345 East View, appeared to thank Ms. Ritter for her support and for attending the Planning and Zoning Commission meeting to listen to the residents' concerns. z Ms. Ritter made a motion, seconded by Mrs. Schneider to file the recommendation of the Planning and Zoning Commission to deny the request of SEMO Land, LLC to rezone a 12.11 acre tract in Ashland Court from R-1, Single Family Residential District, to R-4, Multi-Family Residential District. The motion was approved with the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Ritter, Schneider and Tracy. Nays,none. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 05-213 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 BILL NO. 05-214 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 BILL NO. 05-215 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 BILL NO. 05-216 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 BILL NO. 05-217 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 BILL NO. 05-212 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 17, 2005 326 Mr. Herbst made a motion, seconded by Mrs. Tracy, to approve the second and third readings of BILL NOs. 05-213, 05-214, 05-215, 05-216, 05-217 and 05-212 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. 05-213 is ORDINANCE NO. 3565; BILL NO. 05-214 is ORDINANCE NO. 3566; BILL NO. 05-215 is ORDINANCE NO. 3567; BILL W NO. 05-216 is ORDINANCE NO. 3568; BILL NO. 05-217 is ORDINANCE NO. 3569; BILL NO. 05-212 is ORDINANCE NO. 3570. NEW ORDINANCES BILL NO. 05-223 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM ST.ANDREW LUTHERAN CHURCH FOR THE KINGSWAY DRIVE CUL-DE-SAC, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Following comments by Mr. Herbst, the first reading of BILL NO. 05-223 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. 05-222 was given first reading as follows: ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO ST. ANDREW LUTHERAN CHURCH FOR REAL PROPERTY LOCATED IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-222 was approved upon Mrs. Boardman's motion, Mr. Hopkins' second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-220 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF MT. AUBURN ROAD BETWEEN WILLIAM STREET AND BLOOMFIELD ROAD The first reading of BILL NO. 05-220 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. Mayor Knudtson stated this is the final project in TTF-2 and includes two traffic signals. BILL NO. 05-221 was given the first reading as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATERWORKS SYSTEM REFUNDING BONDS, SERIES 2005A, OF THE CITY OF CAPE GIRARDEAU, MISSOURI; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND THE COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY THEREOF; AND AUTHORIZING CERTAIN ACTIONS AND DOCUMENTS AND PRESCRIBING OTHER MATTERS RELATING THERETO Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 17, 2005 327 The first reading of BILL NO. 05-221 was 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. Ms. Ritter requested staff provide an updated report on total city indebtedness at the present time as it relates to bond issues. BILL NO. 05-224 was given the first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH SHIFRIN & ASSOCIATES TO PLACE A GROUNDWATER MONITORING WELL AT 2201 BROADWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-224 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. APPOINTMENTS Mr. Scott Rhodes, Ms. Kathy Swan, and Mr. Kevin Willsey were appointed to serve on the Planning and Zoning Commission for terms expiring November 1, 2009, upon Mrs. Schneider's motion, Mrs. Boardman's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Ritter, Schneider and Tracy. Nays,none. Ms. Lori Lynn, Mr. Scott Blank and Mr. Danny Essner were appointed to serve on the Parks and Recreation Advisory Board for terms expiring on October 29, 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. OTHER Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve the improvements plans for street, storm sewers, water main extension and sanitary sewers to serve Emerald Forest Subdivision Phase H. 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 file the recommendation of the Planning and Zoning Commission to deny the request of Dale Patrick LaFont and Roscoe Newbern to rezone 402 South Kingshighway from M-1, Light Industrial District, to M-2, Heavy Industrial District, and for a Special Use Permit for a manufactured office unit at that location. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. BILL NO. 05-225 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GROWING TOGETHER AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR IMPROVEMENTS AT THE INTERSTATE 55/ROUTE K INTERCHANGE LOCATED IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 17, 2005 328 The reading of BILL NO. 05-225 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. 05-225 is RESOLUTION NO. F 2109. Mr. Leslie stated that this agreement is for the landscape project at the Route K/I-55 a interchange northwest quadrant, and Sears is participating in the landscaping through a donation. 1- Mrs. Mrs. Schneider made a motion, seconded by Mr. Hopkins, to authorize the City Manager to enter into Change Order No. 1 with Drury Land Development, Inc., and the County of Cape Girardeau to construct Kell Farm Drive from Richmond Drive to Arnold Drive. The motion was passed with the following vote: Ayes: Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. Ms. Ritter commented on open burning and concerns with health issues relating to current burning laws. Mr. Leslie stated because there are varying concerns on open burning, he feels it would be prudent to follow the same process as the animal ordinance by developing a citizen task force to look into this issue. Mayor Knudtson suggested the Fire Marshall, City Prosecuting Attorney, Mr. Eric Marquart and Ms. Boyer, as well as four other citizens, serve on the Task Force. Individuals may contact City Hall if they are interested in serving on the task force. 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. a .y B. r, dtson Mayor .4:1,Gayle L. rad, City Clerk