HomeMy WebLinkAboutCouncil.Minutes.07-17-2006.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session July 17, 2006 FF-117
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REGULAR SESSION—JULY 17,2006
The Cape Girardeau City Council convened in regular session on Monday, July 17, 2005, at 7:00
p.m. with Mayor Jay B. Knudtson presiding and Council Members Matthew Hopkins, Marcia
Ritter,Loretta Schneider, and Debra Tracy present. Charlie Herbst and John Voss were absent.
Rev. Rev. Paul Kabo, First Presbyterian 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 Mrs. Tracy's motion, Mr. Hopkins' second, and the
following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none.
The minutes of the July 5, 2006, regular and closed sessions were approved upon Mrs. Tracy's
motion, Mrs. Schneider's second, and the following vote: Ayes, 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, Hopkins, Knudtson,Ritter, Schneider and Tracy. Nays,none.
COUNCIL COMMUNICATIONS
Mayor Knudtson presented a proclamation declaring October 3, 2006, as Science Day.
Mrs. Schneider commended City staff on their work on the Cape Girardeau Regional Air Festival.
Ms. Ritter stated she rode the Cape County Transit bus on the first day of operation. The routes
were well thought out,and a lot of hard work went into preparation for this service.
Mrs. Tracy participated in the C-SPAN book bus reading event at the Cape Girardeau Public
Library. She thanked the staff for putting in the new sidewalks in Capaha Park through the TTF
Program.
Ms. Ritter stated that on Bloomfield Road project, the sidewalks turned out to be excellent and the
staff did a good job at working with the residents on this issue. She questioned the time frame for
installation of street lights and maintenance of the ditches and weeds. City Manager Doug Leslie
stated that he has contacted the Cape Special Road District about this.
Mrs. Schneider stated that Abby Road is now connected.
Ms. Ritter thanked the Optimist Club for its donations to the parks.
Mr. Hopkins commended Public Works staff for all of their hard work cleaning up after the storm.
Mrs. Tracy commended Jack Wimp and Kevin Eudy for the awards they received from the
Missouri State Police Chief's Association.
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PUBLIC HEARING
This being the date for a public hearing regarding the request of Westside Investments, LLC for a
special use permit to construct a new convenience store with gasoline pumps at the northwest
corner of Lexington Avenue and Perryville Road, Located in an R-1, 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. Kevin Stanfield appeared in support of the request. He said they currently operate a
convenience store with gasoline pumps at the lot next to this new site. There is a need for a new
store because the current location is too small and needs to be updated. It is very narrow, and it is
hard for traffic to get in and out. The current store is very congested and there is a need to expand
the store to accommodate increased use. The present lot is so small that delivery trucks often have
to park on the street. The inability to handle the traffic is making it unsafe. The current location is
worn out. The neighborhood very much loves and uses the store. He presented pictures of the
location as well as two petitions supporting the new store. The first petition contained 390
signatures, with 300 of those living within a one mile radius. The second petition contained 147
signatures with 100 of those living within a one mile radius. The store is only used as a
neighborhood store and will not draw traffic from Kingshighway or Broadway. It will not increase
the traffic flow in that area. The traffic is already there. The new location will make it easier to
accommodate that traffic. There will also be an area behind the store where delivery trucks can
come so they will be able to get off of the street. It will cut down on traffic problems on Perryville
Road. As the new lot is now, it would not be conducive for building a home. After the new store
is built,they will eliminate the existing store and take the gas tanks out of the ground.
Mr. Phillip Smith, the architect for this project, appeared and stated that he had met with the
planning and engineering staff and appeared before the Planning and Zoning Commission. The
entrances have be redesigned to better accommodate parking and traffic flow. The exterior of the
building will be finished with residential-type building materials to help blend in with the
neighborhood. In addition, directional lights will be used in the parking lot so that light will not
spill into residential areas. Mr. Stanfield continued that plans include a lot of landscaping, and the
parking lot lights will shine on their property only. According to their engineer, the lights on
Lexington Avenue will be brighter than the lights from this property. No freestanding sign will be
used. The hours of operation will be from 6 a.m. to 9 p.m.
Mr. Glenn Reeves appeared and stated it is dangerous getting in and out of the parking lot the way
it is presently designed. There are often several cars waiting in line to get gas. This store is a great
asset to the neighborhood, and he knows a lot of people that are in favor of the store.
Mr. Dan Little, 2022 Evergreen Drive, stated that Mr. Stanfield is a very good neighbor. Traffic
on Perryville Road will increase due to other development in the city and the new interchange on
I-55, but allowing this new location would make it less congested and safer.
Mr. Steve Wilson, 2009 Perryville Road, appeared and stated he has been fighting zoning issues at
this location for ten years. The Stanfields sold this property and bought it back in 2004. They
should have known the limitations. Representations have been made in the past that Lexington
would not be developed for business. Bo Shantz owned property across the street, and his
rezoning request to place a business was previously denied by the Council. There are other uses
that are more fitting for this location.
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Mr. Robin Cole appeared and stated that his family owns property in this area. There has been a
lot of growth in this area. The current store is old and a new one would be positive for the
neighborhood. The need for a store will not go away, and the new store will be an enormous
benefit to the area.
Mr. Richard Harder with Pure Ice Company appeared and stated he is the supplier of ice for this
store. Right now the way the store looks hurts the neighborhood, and the site is hard for delivery
trucks to get into and out of.
There being no further appearances,this hearing was closed.
BILL NO. 06-148 was given the first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO WESTSIDE INVESTMENTS,
LLC, FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, AND OPERATING A
CONVENIENCE STORE WITH GAS PUMPS AT THE NORTHWEST CORNER OF
LEXINGTON AVENUE AND PERRYVILLE ROAD, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
Mrs. Schneider made a motion, seconded by Ms. Ritter, to approve the first reading of BILL NO.
06-148. Ms. Ritter stated the Council discussed this in the study session. The Mayor continued
that the Planning and Zoning Commission reviewed this application on two occasions. There is
already a store at this location, and this is an opportunity to upgrade the facility. The applicant has
worked with the staff and fixed the concerns that were previously expressed by the Council. He
also stated that there is concern on what will happen to the existing facility. Mr. Stanfield stated
they will take out the gas tanks and current canopy. They may gut the current building and
remodel for another business or tear down the building to construct apartments. He has no intent
to develop this area for a high commercial use that could create a high traffic volume. The motion
was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider and Tracy.
Nays,none.
APPEARANCES
Mr. Felix Kinsley appeared and stated he is very pleased with the new bus system.
Mr. Dru Reeves appeared regarding the enforcement of the new sign ordinance and presented
handouts showing violations of the ordinance. The changes to the ordinance are anti-small
business. Instead of enforcing the previous ordinance, the Council made the ordinance more
stringent. The Police Department has spent 40 hours of overtime on enforcement, and the ten day
written notice is not happening. People can no longer make money on garage sales due to this
ordinance.
Mr. Glenn Reeves also appeared regarding the new sign regulations. He agrees that torn and
tattered banners should not be allowed on highways. Non-profit groups and small business cannot
have signs, but the banner at Bank of America is still up. The new regulations need to be enforced
the same on everyone. He suggested the council consider allowing a web page sign with real
estate signs,and allowing banners for a short period as businesses open.
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The Mayor explained that this ordinance is a work in process, and the Council is working to
identify areas that may need to be revisited. The Chamber will soon be issuing a statement
regarding banners.
Ms. Ritter stated that she rode with the Police Department when they were working on sign
enforcement on Kingshighway. The department is working to educate businesses when they talk
with them about the new sign regulations.
Mrs. Schneider explained that the newspaper is now doing a map of garage sales, and she thinks
that the ordinance is reasonable.
CONSENT ORDINANCES
The following bills were given second and third readings:
BILL NO. 06-139 AN ORDINANCE APPROVING THE RECORD PLAT OF SPANISH
STREET CONDOMINIUMS PLAT NO. 2
BILL NO. 06-140 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
SOUTHEAST MISSOURI STONE COMPANY FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A
PETROLEUM PRODUCTS TERMINAL IN THE 2500 BLOCK OF
SOUTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 06-142 AN ORDINANCE ACCEPTING FEE SIMPLE INTERESTS,
PERMANENT EASEMENTS, TEMPORARY CONSTRUCTION
EASEMENTS, A TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT, AND A RETAINING WALL CONSTRUCTION AND
EASEMENT AGREEMENT FROM VARIOUS PROPERTY
OWNERS FOR THE IMPROVEMENT OF MT. AUBURN ROAD
BETWEEN WILLIAM STREET AND BLOOMFIELD ROAD
BILL NO. 06-144 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247
OF THE CITY CODE, BY REPEALING NO PARKING ZONES ON
PORTIONS OF MORGAN OAK STREET, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 06-145 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121
OF THE CITY CODE, BY REPEALING STOP SIGNS ON LINDEN
STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 06-146 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121
OF THE CITY CODE, BY ESTABLISHING STOP SIGNS ON
BENTON STREET, PACIFIC STREET AND ELLIS STREET, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 06-141 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH THE CAPE GIRARDEAU
COUNTY TRANSIT AUTHORITY FOR PUBLIC
TRANSPORTATION SERVICES
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Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the second and third
readings of BILL NOs. 06-139, 06-140, 06-142, 06-144, 06-145, 06-146 and 06-141 and to adopt
the ordinances. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson,
Ritter, Schneider and Tracy. Nays, none. BILL NO. 06-139 is ORDINANCE NO. 3688; BILL
NO. 06-140 is ORDINANCE NO. 3689; BILL NO. 06-142 is ORDINANCE NO. 3690; BILL
NO. 06-144 is ORDINANCE NO. 3691; BILL NO. 06-145 is ORDINANCE NO. 3692; BILL
NO. 06-146 is ORDINANCE NO. 3693 and BILL NO. 06-141 is ORDINANCE NO. 3694.
NEW ORDINANCES
BILL NO. 06-147 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO
THE BOARD OF REGENTS FOR SOUTHEAST MISSOURI STATE UNIVERSITY FOR
REAL PROPERTY LOCATED IN THE CITY OF CAPE GIRARDEAU,MISSOURI
Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO.
06-147. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter,
Schneider and Tracy. Nays,none.
BILL NO. 06-149 was given first reading as follows:
AN ORDINANCE APPROVING AND ADOPTING THE FINAL SCHEMATIC PLAN FOR
THE RIVER CAMPUS PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Mrs. Schneider made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL
NO. 06-149. Upon questioning by the Council, Mr. Leslie explained that the target completion
date is August 2007. The River Campus Board of Managers has approved this schematic plan.
The Mayor further explained that removing the visitors center from the original design created a
need for modifications and reconfiguration of the inside. The motion was approved upon the
following vote: Ayes,Hopkins, Knudtson,Ritter, Schneider and Tracy. Nays,none.
BILL NO. 06-155 was given first reading as follows:
AN ORDINANCE ACCEPTING VARIOUS EASEMENTS AND A SPECIAL
WARRANTY DEED FROM DRURY LAND DEVELOPMENT, INC., FOR KELL
FARM DRIVE IMPROVEMENTS FROM RICHMOND DRIVE TO ARNOLD DRIVE,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO.
06-155. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter,
Schneider and Tracy. Nays,none.
BILL NO. 06-156 was given first reading as follows:
A ORDINANCE ACCEPTING A WATER LINE AND FIRE HYDRANT EASEMENT FROM
SILVER SPRINGS OFFICE BUILDING, L.P., FOR THE SILVER SPRINGS MEDICAL
CENTER, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
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Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO.
06-156. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter,
Schneider and Tracy. Nays, none.
BILL NO. 06-157 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF GAIL OCHS SUBDIVISION
Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL
NO. 06-157. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson,
Ritter, Schneider and Tracy. Nays,none.
RESOLUTIONS
BILL NO. 06-152 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE SALVATION ARMY OF CAPE GIRARDEAU FOR EMERGENCY SHELTER
GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES —
DIVISION OF FAMILY SERVICES
The reading of BILL NO. 06-152 was approved and the resolution adopted upon Mrs. Tracy's
motion, Mrs. Schneider's second, and the following vote: Ayes, Hopkins, Knudtson, Ritter,
Schneider and Tracy. Nays, none. BILL NO. 06-152 is RESOLUTION NO. 2195.
BILL NO. 06-153 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE SAFE HOUSE FOR WOMEN, INC., FOR EMERGENCY SHELTER GRANT
FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES — DIVISION OF
FAMILY SERVICES
The reading of BILL NO. 06-153 was approved and the resolution adopted upon Mrs. Tracy's
motion, Mrs. Schneider's second, and the following vote: Ayes, Hopkins, Knudtson, Ritter,
Schneider and Tracy. Nays, none. BILL NO. 06-153 is RESOLUTION NO. 2196.
BILL NO. 06-154 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
SUBORDINATION AGREEMENT WITH CITIMORTGAGE, INC., FOR A SECOND DEED
OF TRUST FOR PROPERTY OWNED BY ROY L. JOYCE, SR.
The reading of BILL NO. 06-154 was approved and the resolution adopted upon Mrs. Schneider's
motion, Mrs. Tracy's second, and the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider
and Tracy. Nays,none. BILL NO. 06-154 is RESOLUTION NO. 2197.
BILL NO. 06-158 was presented as follows:
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A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND
INDEMNITY AGREEMENT WITH JJP INVESTMENTS, L.L.C., FOR IMPROVEMENTS TO
AN ALLEY LOCATED AT THE CORNER OF SOUTH SPRIGG STREET AND HIGHWAY
74, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 06-158 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mrs. Schneider's second, and the following vote: Ayes, Hopkins, Ritter, Schneider and
Tracy. Nays, none. Mayor Knudtson abstained for financial relations because the applicant has a
financial relation with the bank where he works. BILL NO. 06-158 is RESOLUTION NO. 2198.
BILL NO. 06-159 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH CREATIVE SCULPTURE & RESTORATION, INC., TO CONDUCT A CEMETERY
RESTORATION AND MAINTENANCE WORKSHOP, AND OTHER RELATED SERVICES,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 06-159 was approved and the resolution adopted upon Mrs. Schneider's
motion, Mrs. Tracy's second, and the following vote: Ayes,Hopkins, Knudtson, Ritter, Schneider
and Tracy. Nays,none. Upon questioning by the Mayor,Mr. Leslie explained that staff is looking
into other security measures and lighting to prevent further vandalism. BILL NO. 06-159 is
RESOLUTION NO. 2199.
BILL NO. 06-160 was presented as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, SUPPORTING AND ENDORSING THE APPLICATION FOR DESIGNATION
AS A D-R-E-A-M COMMUNITY
The reading of BILL NO. 06-160 was approved and the resolution adopted upon Mrs. Tracy's
motion, Mrs. Schneider's second, and the following vote: Ayes, Hopkins, Knudtson, Ritter,
Schneider and Tracy. Nays, none. The Mayor stated that Tim Arbeiter with the Chamber of
Commerce gave a presentation in the study session on the DREAM initiative and the application.
BILL NO. 06-160 is RESOLUTION NO. 2200.
BILL NO. 06-161 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH FRONABARGER CONCRETERS, INC., FOR THE MAIN STREET PARKING LOT
IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU,MISSOURI
The reading of BILL NO. 06-161 was approved and the resolution adopted upon Mrs. Tracy's
motion, Mrs. Schneider's second, and the following vote: Ayes, Knudtson, Ritter, Schneider and
Tracy. Nays, none. Mr. Hopkins abstained because he has a business relationship with
Fronabarger Concreters. Mr. Leslie provided an overview of the project and stated it will be
completed prior to the holiday season. BILL NO. 06-161 is RESOLUTION NO. 2201.
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APPOINTMENT
Mrs. Schneider made a motion, seconded by Mr. Hopkins, to reappoint Mr. Frank Kinder and Mr.
Phil Brinson to the Special Business District Advisory Commission for terms expiring June 30,
2009. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter,
Schneider and Tracy. Nays, none.
OTHER
Mrs. Tracy made a motion, seconded by Mrs. Schneider, to accept the improvements to Broadway
from Park Avenue to Houck Place, and to the intersection of Broadway and Henderson Avenue,
and authorizing the reimbursement of the engineering and construction costs to Southeast Missouri
State University. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson,
Ritter, Schneider and Tracy. Nays, none.
Mrs. Schneider made a motion, seconded by Ms. Ritter, to reject the bids for the South Ramsey
Lift Station and Force Main Projects in the City of Cape Girardeau, Missouri. The motion was
approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,
none.
Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the improvement plans for The
Highlands at Dalhousie Phase III. The motion was approved upon the following vote: Ayes,
Hopkins,Knudtson,Ritter, Schneider and Tracy. Nays,none.
There being no further business, the City Council adjourned upon Mrs. Tracy's motion, Mr.
Hopkins' second and the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider and Tracy.
Nays,none.
Knudtson, Mayor
dc42 CGayle L. Cd, City Clerk