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HomeMy WebLinkAboutCouncil.Minutes.07-17-2006.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 17, 2006 FF-117 FnnRnninmw 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. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 17, 2006 FF-118 E00600107DW 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. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Juky 17, 2006 FF-119. FnnRnmmnw 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. Proceedings of the City Council, City of Cape Girardeau, Mo. Rcgular Session July 17, 2006 FF 120 E00600107DW 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 17, 2006 FF-12t Fnonmmn7nw 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 17, 2006 FF-122 tUUbUU1U/UW 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: Proceedings of the City Council, City of Cape Girardeau, Mo. BegLilar Session July 17,2006 FF-121 E00600107DW 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. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 17, 2006 FF 124 E00600107DW 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