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HomeMy WebLinkAboutCouncil.Minutes.04-17-2006.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 17, 2006 FF-53 Encr-^On7Dw REGULAR SESSION—APRIL 17,2006 The Cape Girardeau City Council convened in regular session on Monday, April 17, 2006, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Matthew Hopkins,Marcia Ritter,Loretta Schneider, Debra Tracy and John Voss present. Rev. Paul Kabo, First Presbyterian Church presented the invocation, and Andrew Hommand with Boy Scout Troop 2 led the Pledge of Allegiance. 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. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. The minutes of the April 3, 2006, regular and closed sessions and April 7, 2006, special session were approved upon Mr. Hopkins' motion, Mrs. Schneider's second, and the following vote: Ayes,Herbst,Hopkins,Knudtson,Ritter, Schneider,Tracy and Voss. Nays,none. The agenda was adopted upon Ms. Ritter's motion, Mrs. Tracy's second, and the following vote: Ayes,Herbst,Hopkins,Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. COUNCIL COMMUNICATIONS Mayor Knudtson announced that visitation for former Mayor Howard Tooke is Wednesday, April 19, at Ford and Sons, with the funeral Thursday at 1:00 p.m. The Mayor and Council members presented comments on Mr. Tooke as an outstanding leader of the City. Mayor Knudtson asked that all businesses lower flags to half-mast from Wednesday morning through Thursday afternoon. Mayor Knudtson welcomed John Voss to his first full meeting of the City Council. Mr. Hopkins stated that on Thursday Cape was announced as a finalist in the All America City Process. Mrs. Heather Brooks, Assistant to the City Manager, explained that a group will travel to Anaheim, California, June 9-12 to give a ten minute presentation to the All America City selection panel. Ten cities will then be selected to receive the All America City designation. Cape Girardeau received this designation in 1967. Mr. Hopkins stated that this past weekend members of the U.S. Submarine Veterans of World War II dedicated a story board at the Southeast Missouri State River Campus gazebo highlighting the submarines that were transported down the Mississippi River from Wisconsin to New Orleans during the war. Mayor Knudtson presented a proclamation to City Communications Supervisor Kim Conway to honor the City's Public Safety telecommunicators and the work and dedication they provide to the city. Mayor Knudtson stated with warm weather comes concerns with outdoor activities on the south side.of town. The city is committed to making sure that the neighborhoods are safe. Mr. Leslie stated that Chief Kinnison talked to citizens in these areas and have increased presence and enforcement in areas that were problems last year. Mr. Kinnison stated that some of the activities Proceedings of the City Council, City of Cape Girardeau, Mo. Rcgular Session April 17, 2006 FF 54 E00600107DW people have complained about are not illegal, but the Police Department is very attentive to concerns of neighborhoods. CITY MANAGER COMMUNICATIONS Public Works Director Tim Gramling reported on work that the Public Works Department and Alliance Water has provided to assist Caruthersville in recovering from tornado damage. PUBLIC HEARING This being the date set for a public hearing regarding the petition for annexation from Gregg and Yvonne Hallman for a tract of land adjacent to the City of Cape Girardeau, the hearing was opened. There being no appearances,this hearing was closed. BILL NO. 06-74 was presented as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF GREGG S. HALLMAN AND YVONNE M. HALLMAN Ms. Ritter made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-74. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. APPEARANCES Mr. Glenn Reeves and Mr. Dru Reeves of Horizon Screen Printing appeared regarding the ordinance amending Chapter 30 of the City Code relating to signs. Mr. Glenn Reeves expressed his opposition to the ordinance, especially relating to signs for small businesses and not-for-profit organizations. He presented photos of present business signs that he said would not be allowed under the new ordinance. In addition, he indicated he spoke with Joel Neikirk of Drury Companies, and he did not support the ordinance either. Mr. Dru Reeves also expressed opposition to the ordinance, stating that this would put more restrictions on issues that were not enforced under the old ordinance. He felt that this more restrictive ordinance will not be enforced either. If the ordinance warranted a year to review,then the City should spend more time enforcing it. Upon questioning by Ms. Ritter, Planner Martha Brown explained the requirements for signs placed directly on buildings, as well as on canopies. Mr. Leslie continued that a committee reviewed this ordinance in detail and tried to regulate the size of the sign based on the size of the building. Existing signs will be grandfathered under this code. Mayor Knudtson stated that the police must prioritize enforcements and police needs in the city. There will still be violators, but this ordinance creates an ordinance the Council wants. The City is developing an affiliation with Keep America Beautiful, and this Council is dedicated to cleaning up the city, including signs. BILL NO. 06-43 was given the third reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO SIGNS Mr. Herbst made a motion, seconded by Mrs. Tracy, to approve the third reading of BILL NO. 06- 43 and to adopt the ordinance. Mr. Herbst explained that staff sent out approximately 200 letters Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 17, 2006 FF-SS FOO600107DW to interested parties after the first reading of the ordinance. Then, the Council delayed the third reading to allow more citizen input. The staff will develop a flier to distribute that outlines the requirements of this ordinance, and will distribute it to all new business license applicants. Following additional comments, Mr. Herbst made a motion, seconded by Mrs. Schneider, to amend Section 30-42(f)(10)(c) of the proposed ordinance to include provisions for non-profit organizations to advertise special events as outlined in City Council Letter Number 102. The motion was approved on the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-43 is ORDINANCE NO. 3643. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 06-59 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FORD & SONS FUNERAL HOME, INC., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A MAUSOLEUM AT 2315 HIGHWAY 61 NORTH, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 06-60 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MACO PROPERTIES, L.L.C., AND CAPE GIRARDEAU PROPERTIES, L.P., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING MULTI-FAMILY HOUSING FOR SENIOR CITIZENS AT 1400 WEST END BOULEVARD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI BILL NO. 06-61 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE UNIVERSITY RESEARCH PARK/UNIVERSITY VILLAGE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI,FROM R-1 TO C-2 BILL NO. 06-63 AN ORDINANCE APPROVING THE RECORD PLAT OF IRELAND SUBDIVISION BILL NO. 06-71 AN ORDINANCE AMENDING SCHEDULE G OF SECTION 26-249 OF THE CITY CODE, ESTABLISHING TWO HOUR PARKING ON A PORTION OF BELLEVUE STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. 06-64 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, BY ESTABLISHING A NO PARKING ZONE ON A PORTION OF MAIN STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. 06-65 AN ORDINANCE AMENDING SCHEDULE V OF SECTION 26-31 OF THE CITY CODE BY ESTABLISHING LOADING ZONES ON • INDEPENDENCE STREET, THEMIS STREET AND MAIN STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI Proceedings of the City Council, City of Cape Girardeau, Ma. Regular Session April 17, 2006 FF 56 E00600107DW BILL NO. 06-70 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING A STOP SIGN ON MAIN STREET AT THEMIS STREET AND ESTABLISHING STOP SIGNS ON MAIN STREET, WILLIAM STREET AND AQUAMSI STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. 06-72 AN ORDINANCE ACCEPTING UTILITY EASEMENTS FROM DALHOUSIE, L.L.C., FOR IMPROVEMENTS TO SERVE DALHOUSIE SUBDIVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mr. Herbst, to approve the second and third readings of BILL NOs. 06-59, 06-60, 06-61, 06-63, 06-71, 06-64, 06-65, 06-70 and 06-72 and to adopt the ordinances. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-59 is ORDINANCE NO. 3644; BILL NO. 06-60 is ORDINANCE NO. 3645; BILL NO. 06-61 is ORDINANCE NO. 3646; BILL NO. 06-63 is ORDINANCE NO. 3647; BILL NO. 06-71 is ORDINANCE NO. 3648; BILL NO. 06-64 is ORDINANCE NO. 3649; BILL NO. 06-65 is ORDINANCE NO. 3650; BILL NO. 06-70 is ORDINANCE NO. 3651; BILL NO. 06-72 is ORDINANCE NO. 3652. Regarding Bill No. 06-65, Mr. Voss stated that one loading zone on Main Street includes a fire hydrant, and a citizen received a ticket for parking in front of the hydrant when parked there outside the loading zone time frame. Mr. Voss suggested marking the fire hydrant area in red and loading zone in yellow to identify the area. Mr. Leslie explained that in order to minimize the loss of parking spaces, staff incorporated the areas of the fire hydrant in the loading zone area. Staff will be reviewing this and can come back with a recommendation if it needs to be changed. NEW ORDINANCES BILL NO. 06-75 was given first reading as follows: AN ORDINANCE ACCEPTING UTILITY EASEMENTS FROM DALHOUSIE, L.L.C., FOR IMPROVEMENTS TO SERVE DALHOUSIE SUBDIVISIONS, IN THE CITY OF CAPE GIRARDEAU,MISSOURI Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-75. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-76 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE BY ESTABLISHING A SPEED LIMIT ON A PORTION OF HOPPER ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion, seconded by Ms. Ritter, to approve the first reading of BILL NO. 06- 76. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Ms. Ritter stated that speed is a problem on New Hopper and that the Police are working the area. Proceedings of the City Council, City of Cape Girardeau, Mo.' Regular Session April 17, 2006 FF-57 Fnnfnnlmnw BILL NO. 06-77 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, ESTABLISHING A STOP SIGN ON MARQUETTE DRIVE, IN THE CITY OF CAPE GIRARDEAU,MISSOURI Mrs. Schneider made a motion, seconded by Mr. Herbst,to approve the first reading of BILL NO. 06-77. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 06-78 was given the first reading as follows: AN ORDINANCE AMENDING SCHEDULE 0 OF SECTION 26-216 OF THE CITY CODE, BY ELIMINATING LEFT TURNS ON THEMIS STREET AT MAIN STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI Mr. Herbst made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 06- 78. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 06-79 was given the first reading as follows: AN ORDINANCE ACCEPTING ACCESS AND LIFT STATION EASEMENTS FROM DALHOUSIE, L.L.C., FOR IMPROVEMENTS TO SERVE DALHOUSIE SUBDIVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 06-79. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. Mr. Hopkins made a motion, seconded by Mr. Herbst to accept into the city's system the street, water, sanitary sewers, storm sewer improvements excluding detention basin, and lift station as shown on the plans approved for the Highlands at Dalhousie in Sewer District 17-1-A, and authorizing the release of$3,399,276 of the escrow agreement covering these improvements. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 06-83 was given the first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF FORMER PUBLIC WORKS SUBDIVISION Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 06-83. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Ms. Ritter questioned what happens to the abandoned railroad right-of-way. Mr. Leslie stated this was abandoned many years ago, and the right-of-way reverted to the adjoining property owners. All the issues were settled when it was abandoned. • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 17, 2006 FF-58 E00600107DW RESOLUTIONS BILL NO. 06-80 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ARCHITECTURAL SERVICES WITH WHITE & BORGOGNONI ARCHITECTS, P. C., FOR REPAIR OF BRICK AT THE POLICE DEPARTMENT HEADQUARTERS BUILDING, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 06-80 was approved and the resolution adopted upon Mrs. Tracy's motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-80 is RESOLUTION NO. 2167. BILL NO. 06-84 was presented as follows: A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI DEPARTMENT OF REVENUE OF SOCIAL SERVICES UNDER THE EMERGENCY SHELTER GRANT PROGRAM, FOR SAFE HOUSE FOR WOMEN, INC., AND THE SALVATION ARMY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 06-84 was approved and the resolution adopted upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-84 is RESOLUTION NO. 2168. APPOINTMENTS Mr. Robert Rollins and Mr. Bo Shantz were appointed to the Airport Advisory Board for terms expiring April 30, 2009, upon Mr. Herbst's motion, and Mr. Voss second. The motion was approved with the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. Mayor Knudtson stated that the Council needs time to review options in appointing members to the Historic Preservation Commission. Ms. Ritter made a motion, seconded by Mr. Herbst, to postpone the appointments to the Historic Preservation Commission to the next City Council agenda. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. Mr. Herbst made a motion, seconded by Mr. Hopkins to appoint Council Member John Voss as an ex-officio member to the Cape Girardeau Chamber of Commerce Board of Directors and as the City Council Liaison to the Convention and Visitors Bureau Task Force. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. LIQUOR LICENSE Mr. Hopkins made a motion, seconded by Mr. Herbst, to conditionally approve an original package liquor and Sunday sales license for Capeland, LLC, d/b/a AM PM, 1101 William Street, Alam Zahed, Managing Officer. Upon questioning by Mr. Hopkins, City Attorney Eric Cunningham explained that the city has an ordinance which prohibits a liquor license within 200 feet of a church or school. The ordinance is clear that a church must be in a building specifically Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 17,2006 EF-59 Goor.,00,07nw constructed for that purpose and which existed prior to the time a liquor license was applied for. New Beginnings Church is meeting in a building within 200' of this business; however, the building does not meet the requirements of the ordinance and the license can be issued. The Council expressed concerns with the number of incidents that have occurred at this location under previous ownership and discussed the possibility of issuing a probationary license for a set period of time. Mr. Cunningham explained that all city liquor licenses must be renewed by the City Council before July 1 of each year, and the Council could review incidents at the location at the time of renewal. Following additional discussion, Mrs. Tracy made an amending motion, seconded by Mr. Hopkins, to conditionally approve this liquor license until June 30, 2006 and to reexamine activity at this location at the time of the renewal. The amending motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson suggested the Police Chief have a conversation with the owner and make it clear that this is not a reflection on him,but rather on the activities that have previously occurred at that location. OTHER Mr. Herbst made a motion, seconded by Mrs. Schneider, to accept the improvements to the Police Department retaining wall on South Frederick Street, and authorizing final payment to Foeste Nursery, Inc. The motion was approved on the following vote: Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. Mrs. Schneider made a motion, seconded by Ms. Ritter, to approve the improvement plans for Ashland Court 4`h Subdivision. The motion was approved upon the following vote: Ayes, Herbst, Hopkins,Knudtson,Ritter, Schneider, Tracy and Voss. Nays,none. Mr. Voss made a motion, seconded by Mr. Herbst, to decommission two Fire Department reserve pumper trucks. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. Mr. Leslie explained that the City will first try to sell the vehicles. If no viable bids are received,then the trucks will be donated to a rural area fire department. There being no further business, the City Council adjourned upon Mr. Voss' motion, Mr. Hopkins' second and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. / / j:. Knudtson,Mayor / ' Gayle L. fb ad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session -tee E00600107DW THIS PAGE INTENTIONALLY LEFT BLANK.