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HomeMy WebLinkAboutCouncil.Minutes.05-01-2006.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 1, 2006 FF-63 cnnanmrnnw REGULAR SESSION—MAY 1,2006 The Cape Girardeau City Council convened in regular session on Monday, May 1, 2006, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Matthew Hopkins, Loretta Schneider and John Voss present. Absent were Council Members Charlie Herbst, Marcia Ritter and Debra Tracy. Rev. Paul Short, 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, and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1) and (2) upon Mr. Voss' motion, Mr. Hopkins' second, and the following vote: Ayes,Hopkins,Knudtson, Schneider and Voss. Nays,none. The minutes of the April 17, 2006, regular and closed sessions were approved upon Mrs. Schneider's motion, Mr. Voss' second, and the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays,none. The agenda was adopted upon Mr. Voss' motion, Mr. Hopkins' second, and the following vote: Ayes,Hopkins, Knudtson, Schneider and Voss. Nays,none. Mayor Knudtson announced that three council members were not available for the meeting, but there is still a quorum to conduct business. COUNCIL COMMUNICATIONS Mr. Voss stated that he attended a very informative tour of city departments on Friday. All the employees were passionate in their roll. He commended them for that and looks forward to working with them. Mrs. Schneider stated that Fort D Days will be held on May 6 and 7. Scott House has worked with City employees to renovate Fort D. There will be Civil War reenactments and many events scheduled. She requested that a sign be placed on S. Sprigg Street directing people to Fort D. City Manager Doug Leslie will have staff take care of this. Mrs. Schneider continued that the year 2011 will be the sesquicentennial of the Civil War She wants to develop a commission to commemorate this event. Mr. Hopkins thanked the Public Works and Fire Department staff for assistance to the Caruthersville community. This work will also help prepare our staff for an emergency in our area. Mayor Knudtson reminded the community that the Mayor's Prayer Breakfast is this Thursday at La Croix United Methodist Church at 6:45 a.m.,which is also the National Day of Prayer. CITY MANAGER COMMUNICATIONS Airport Manger Bruce Loy announced that Airport Board Member Ervin Arnzen passed away this past weekend. He was very active as a pilot, in the Pilot's Club, on the Airport Advisory Board, and with Cape Air Festival. Proceedings of the City Council, City of Cape .Girardeau, Mo. Regular Session May 1, 2006 FF 61 E00600107DW Ms. Jane Jackson of the Cape Girardeau County Archive Center appeared and stated she attended a conference last week of the Missouri Lewis and Clark Bicentennial Committee. At the conference the Red House Interpretive Center and the mural behind the center both won legacy awards from the Missouri State Bicentennial Commission. Both of these awards will be displayed at the Red House. Mr. Doug Austin presented the Vision 2020 Community Relations Council annual update. He reviewed that Council's mission statement, strategic plan, and many accomplishments, including Neighborhood Nights, Awards of Distinction, Anti-Litter Campaign, I Love Cape and All America Award. PUBLIC HEARING This being the date set for a public hearing regarding the request of Milam Masonry and Contracting, LLC to rezone a 5.16 acre tract on the north side of Brenda Kay Court from M-1, Light Industrial District, to R-4, Multi-Family Residential District, the hearing was opened. There being no appearances this hearing was closed. BILL NO. 06-85 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 THE NORTHEAST SIDE OF BRENDA KAY COURT, CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI, FROM M-1 TO R-4 Mrs. Schneider made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 06-85. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays,none. This being the date set for a public hearing regarding the request of Lonnie and Shirley Moss for a Special Use Permit for a repair and retail sales business at 833 North Spanish Street, located in a 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. Mr. Lonnie Moss appeared in support of the request and to answer questions. The existing business is located at 2833 N. Spanish, and he has spoken with the neighbors regarding his request. There being no further appearances, the hearing was closed. BILL NO. 06-86 was given the first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LONNIE MOSS AND SHIRLEY MOSS FOR PURPOSES OF MAINTAINING AND OPERATING A REPAIR AND RETAIL SALES BUSINESS AT 833 NORTH SPANISH, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI Mrs. Schneider made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 06-86. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays,none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 1,2006 FF-65 Fnnanni n7nw This being the date set for a public hearing regarding the request of JJP Investments, LLC to rezone 1610 North Kingshighway from C-1, Local Commercial District, to C-2, General Commercial District,and for a Special Use Permit to construct a building to a height of 52 feet,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. Mr. Jeff Maurer of JJP Investments appeared in support of the request. The rezoning is requested because all other property on Kingshighway is C-2 except this, JCS Tel-Link and the Bank. They intend to build a three story building with retail on the first floor and offices on the second and third flood, and this building requires a special use permit to construct three floors. He met with Ms. Morris, the adjacent residential property owner, and she does not oppose the request. There being no further appearances,the hearing was closed. Mayor Pro-Tern Hopkins asked questioned if this request is time sensitive. Mr. Maurer stated that it was, because they wanted to start construction this summer. Mr. Hopkins explained that since the Mayor has a financial conflict on this matter, the ordinances for the rezoning and special use • permit could not be acted on at this meeting. City Attorney Eric Cunningham explained that the staff can reschedule the two ordinances for the next City Council Meeting. APPEARANCES There were no appearances. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 06-74 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF GREGG S. HALLMAN AND YVONNE M. HALLMAN BILL NO. 06-75 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF FOUNTAIN STREET BETWEEN MORGAN OAK AND WILLIAM STREET BILL NO. 06-76 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 BILL NO. 06-77 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 BILL NO. 06-78 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 Proceedings of the City Council, City of Cape Girardeau, Mo-. Regular Session May 1, 2006 E00600107DW BILL NO. 06-79 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 BILL NO. 06-83 AN ORDINANCE APPROVING THE RECORD PLAT OF FORMER II PUBLIC WORKS SUBDIVISION Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the second and third readings of BILL NOs. 06-74, 06-75, 06-76, 06-77, 06-78, 06-79, and 06-83 and to adopt the ordinances. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays, none. BILL NO. 06-74 is ORDINANCE NO. 3653; BILL NO. 06-75 is ORDINANCE NO. 3654; BILL NO. 06-76 is ORDINANCE NO. 3655; BILL NO. 06-77 is ORDINANCE NO. 3656; BILL NO. 06-78 is ORDINANCE NO. 3657; BILL NO. 06-79 is ORDINANCE NO. 3658; BILL NO. 06-83 is ORDINANCE NO. 3659. NEW ORDINANCES BILL NO. 06-89 was given first reading as follows: AN ORDINANCE ESTABLISHING THE CENTERLINE AND RIGHT-OF-WAY FOR THE WALNUT STREET EXTENSION FROM BEAUDEAN LANE TO WEST END BOULEVARD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 06-89. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays,none. BILL NO. 06-90 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF BROADWAY BETWEEN PERRY AVENUE AND HOUCK PLACE Mr. Voss made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 06- 90. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays,none. BILL NO. 06-92 was given first reading as follows: AN ORDINANCE ACCEPTING VARIOUS EASEMENTS FROM DALHOUSIE, L.L.C., AND I/ ROBERT W. ERLBACHER, II, AND JOANNE ERLBACHER, FOR IMPROVEMENTS TO SERVE DALHOUSIE, L.L.C., SUBDIVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 06-92. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays,none. BILL NO. 06-96 was given the first reading as follows: • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 1, 21106 FF-67 cnnann+n7nw AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, BY ESTABLISHING A NO PARKING ZONE ON A PORTION OF BELLEVUE STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-96. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays,none. BILL NO. 06-97 was given the first reading as follows: AN ORDINANCE AMENDING SCHEDULE S OF SECTION 26-248 OF THE CITY CODE BY ESTABLISHING A 15 MINUTE ANGLED PARKING ZONE IN FRONT OF A PORTION OF HOUCK STADIUM, IN THE CITY OF CAPE GIRARDEAU,MISSOURI Mr. Voss made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-97. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays,none. RESOLUTIONS BILL NO. 06-91 was presented as follows: A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION ACT: A LEGACY FOR USERS (SAFETEA-LU) FUNDS FOR THE FOUNTAIN STREET PHASE II ENHANCEMENT PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 06-91 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Hopkins' second, and the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays,none. BILL NO. 06-91 is RESOLUTION NO. 2169. BILL NO. 06-93 was presented as follows: A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI DEPARTMENT OF • TRANSPORTATION FOR SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION ACT: A LEGACY FOR USERS (SAFETEA-LU) FUNDS FOR THE NORTH PARK TRAIL ENHANCEMENT PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 06-93 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Voss' second, and the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays, none. BILL NO. 06-93 is RESOLUTION NO. 2170. Mr. Leslie explained that this project will connect the existing Cape La Croix Trail from Lexington to the trail system at North County Park. BILL NO. 06-94 was presented as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 1, 2006 FF-68 E00600107DW A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION ACT: A LEGACY FOR USERS (SAFETEA-LU) FUNDS FOR THE II RIVERWALK PHASE III ENHANCEMENT PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 06-94 was approved and the resolution adopted upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays, none. BILL NO. 06-94 is RESOLUTION NO. 2171. Mr. Leslie explained that this project will connect the existing trail along the river into the Red Stone area that is currently under construction by the Missouri Department of Conservation. BILL NO. 06-95 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ASA ASPHALT, INC., FOR THE 2006 OVERLAY PROGRAM, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 06-95 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Hopkins' second and the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays, none. BILL NO. 06-95 is RESOLUTION NO. 2172. Upon questioning by Mrs. Schneider, Mr. Leslie explained that generally new streets are concrete, but in this case the City is trying to overlay existing asphalt with new asphalt. The city's policy for paving streets has not changed. Generally the City doesn't overlay concrete unless it is a small section. Concrete is usually repaired with a concrete patch unless there is need for a short-term fix. Mr. Leslie also stated that the program was reduced this year due to the size of overlay projects from the State and direct competition for contractors and materials. BILL NO. 06-98 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE GENERAL SERVICES AGREEMENT WITH S. H. SMITH & COMPANY, INC., FOR THE DESIGN OF THE SILVER SPRINGS ROAD AND THEMIS STREET INTERSECTION AND OTHER STORMWATER IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 06-98 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Voss' second and the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays, none. BILL NO. 06-98 is RESOLUTION NO. 2173. APPOINTMENTS Mr. Voss made a motion, seconded by Mrs. Schneider, to postpone the appointment for Mayor Pro-Tempore to the next meeting due to absence of Council Members. The motion was approved upon the following vote: Ayes,Hopkins,Knudtson, Schneider and Voss. Nays, none. Mr. Bill Eddlemann, Ms. Connie Hanner, Ms. Joan Kissel, and Mr. Samuel Sampson were appointed to the Historic Preservation Commission for terms expiring on April 16, 2009, upon Mr. Voss' motion, Mrs. Schneider's second and the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays,none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 1, 2006 FF-69 cnonnn+n7nw LIQUOR LICENSE Mr. Hopkins made a motion, seconded by Mrs. Schneider to approve the renewal of the following liquor licenses: Retail Liquor by the Drink Rodney Pobst,d/b/a Pour House Pub, 113 Broadway, Rodney Pobst, Managing Officer Compass Group USA, Inc. d/b/a Chartwells, One University Plaza, Timothy Weatherly, Managing Officer Mid America Hotels, d/b/a Victorian Inn,I-55 &Route K,Daniel Drury,Managing Officer Brenda Hicks d/b/a Brothers Again, 2023 Independence, Brenda Hicks Managing Officer Retail Liquor by the Drink and Sunday Sales: Marx LLC d/b/a Bella Italia, 20 N. Spanish,Mark Dirnberger,Managing Officer Cape Girardeau Country Club Trust, d/b/a Cape Girardeau Country Club, 250 Country Club Drive,David Kaesheimer,Managing Officer R & V Enterprises, d/b/a Pagliai's Pizza & Pasta, 1129 Broadway, Ronald Bohnert, Managing Officer Cape Roadhouse LLC, d/b/a Texas Roadhouse, 13 Doctors Parkway, Brian Judd, Managing Officer Ray Drury, d/b/a Cape Girardeau Elks Lodge #639, 639 Elks Lane, Ray Drury, Managing Officer William Stoffel, d/b/a Fraternal Order Eagles, 321 N. Spring, William Stoffel, Managing Officer Delia Trejo, d/b/a El Torero, 2120 William,Delia Trejo, Managing Officer Wholesalers Liquor-Under 22% Gene Patterson, d/b/a River Eagle Dist. Co., 2346 Rust Avenue, Gene Patterson, Managing Officer Original Package Liquor and Sunday Sales: Capeland LLC,d/b/a Quick& Save, 2861 Themis, Alam Zahed,Managing Officer The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays,none. OTHER Mrs. Schneider made a motion, seconded by Mr. Voss, to accept into the city's system the street, water, sanitary sewer, street lights and storm sewer improvements as shown on the approved plans for Arbor Heights 4th Addition in Sewer District 14-R-3 and release the $10,000 escrow. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays, none. Mayor Knudtson commended staff for working with the developer and neighbors on this project. Mrs. Schneider made a motion, seconded by Mr. Hopkins, to accept the improvements completed under the 2005 Overlay Program and to authorize final payment to ASA Asphalt, Inc. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Schneider and Voss. Nays,none. Mayor Knudtson introduced Semo Students from Professor Skinner's Political Science 103 class who were attending the meeting to complete a project for the class. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 1, 2006 -FF-70 E00600107DW There being no further business, the City Council adjourned upon Mr. Hopkins' motion, Mr. Voss' second and the following vote: Ayes, Hopkins, Knudtson, Schneider and Voss. Nays, none. 40„.... .,,,,,. ,,,,,, , ,..,,,,./ . ., r / -. .- ,n ---,..._ i >> udtson, 'ayor , 4 A<�ce Gayle onrad, City Clerk