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HomeMy WebLinkAboutCouncil.Minutes.09-18-2006.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 18,2006 FF-155 E$'0600'Q7DW REGULAR SESSION—SEPTEMBER 18,2006 The Cape Girardeau City Council convened in regular session on Monday, September 18, 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. Mike Malone, St. Mark 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. Sections 610.021(1), (2) and (3) upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy, and Voss. Nays, none. The minutes of the September 5, 2006,regular and closed sessions were approved upon Mr.-Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. The agenda was adopted as distributed upon Mrs. Schneider's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. COUNCIL COMMUNICATIONS Mayor Knudtson presented to Lisa Begley and Cindy Berry a proclamation declaring September 25th as Family Day—a Day to Eat with Our Children. Mayor Knudtson presented to Heather Brooks, Marcia Ritter and Connie Harmer, on behalf of Vision 2020, a proclamation declaring October as Neighborhood Nights Month and encouraged people in neighborhoods throughout the city to have a block party in the month of October. Mrs. Tracy stated there will be a Ward 3 Neighborhood Picnic in October, in Capaha Park. If anyone wants to participate or help,please call her. Mr. Herbst stated the 2"d Annual Neighborhood Connection Picnic was held last weekend. The open house and block party was a great social event. Mrs. Tracy stated that Dr. Mark Langenfeld presented information in the study session about the Walk to School Program. He hopes the city will continue with the sidewalk program. Mrs. Schneider continued that Dr. Langenfeld attended a worldwide obesity conference and presented information on Cape's Walk to School Program. Mayor Knudtson recently received complaints on MoDOT's lack of mowing maintenance. Starting this week, MoDOT will have prison maintenance crews in town mowing their rights of way. CITY MANAGER COMMUNICATIONS Mr. Leslie stated the City Council will have a joint meeting with the Cape Girardeau School Board on November 13 at 6:00 p.m.. There will be a Council tour on September 29th 8 from 8:00 a.m. to noon. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 18, 2006 x-136 E00600107DW Mayor Knudtson requested staff develop a joint meeting with the County Commission in the near future. APPEARANCES Ms. Mary Richards, 1813 Greenbrier, appeared regarding stormwater problems in and around Arbor Heights Subdivision. She lives adjacent to the development, which is causing problems including mud and water flowing onto neighboring properties and into a few homes. She appeared before the Planning and Zoning Commission last Wednesday. The Commission tabled the record plat for Arbor Heights 5th Mike and Dana Westrich, 1816 Greenbrier, also appeared regarding Arbor Heights stormwater problems. They have approached the developers about erosion control but nothing was done. Many neighbors have water and mud on their properties, and his children's play area is constantly muddy and breeds mosquitoes. The developers tried to put up silt fence, but most of it is already knocked down, and mud and debris have ended up in neighboring yards and streets. Mr. Larry Hendricks, 1812 Greenbrier, distributed a video depicting water problems and a plat plan for Arbor Heights 5th. When a new street was built in 2005, the developer graded and sloped an area that used to be flat. He made a small retention basin in his yard to hold the water; but after the development, this system is overwhelmed and more water now comes into his yard. Mr. Hendricks stated that the developer Mr. Mansfield would not return his calls until the Arbor Heights 5th record plat was tabled. Mr. Mansfield then met with the owners after the Planning and Zoning meeting, but he never gave a permanent solution to the problem. He claimed once the lots are sold, the developer is no longer responsible. Mr. Hendricks asked the council to do something to handle the water problem. Mayor Knudtson explained that tabling of the plat was a separate issue from the stormwater issues. Ms. Melissa Sebaugh, 2208 Nottingham, and Denise Meredith, 2212 Nottingham, appeared regarding water runoff in Arbor Heights. The drains are not large enough to handle the water that is draining to their streets. They always had some water before the development, but now they have more. They requested the City put in larger or more drains in the subdivision to handle the water. Ms. Meredith stated if there was a drain on Steven, then it could catch some water before it hits Nottingham. Nothing has been done by the City for two years until an article appeared in the paper. Ms. Sebaugh stated the silt fence handles the mud, but they still have the water. Upon questioning by Mayor Knudtson, Mr. Leslie stated that engineering worked with the builder to solve the water problem. There are concerns with the need for more drains, but there are also concerns with water in yards. City Engineer Jay Stencel continued that water from this development drains in four directions, but the developer is only detaining water in two directions. To match the new road level, they re-graded the area and changed the water flow. There are a lot of streets in this area that do not have drain inlets, and to this point staff has focused on mud control and not on the quantity of water. Mr. Westrich presented pictures he took today of inadequate silt fencing in Arbor Heights Subdivision. Mr. Leslie stated the staff has been working with the developer on stormwater and mud issues, and the Police Department has worked on enforcement efforts with property owners who have purchased lots. After the recent Sunday rainfall, twenty properties were posted to Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session - September 18, 2006 FF-157 0O0000107DW maintain proper erosion control. Police met with the developer to note areas that needed to be cleaned and seeded, and most of these areas are now in compliance. The City's stormwater requirements only apply to a development as a whole and does not address what happens after lots are sold. Staff is recommending changes to the city's stormwater ordinance that would apply to individual property owners and not just developers, including requirements on slopes in subdivisions. Staff will continue to work with the developer on drainage problems in Arbor Heights and continue with enforcement through the Police Department. In addition, they will continue to address the quantity of water in this area since the streets have been extended and the development completed. Mrs. Schneider asked if the City can still require a retention basin for this area since the development is already approved. Mr. Leslie stated the staff will also check into this. Mayor Knudtson requested staff communicate through Mary Richards about plans to manage the quantity of water in this area as the development progresses. The Council will take action at the next meeting on the proposed stormwater ordinance changes. Mr. Lloyd Moore, 1817 Evondale, stated there are two lots left in Arbor Heights that are vacant that need to be cleaned up and mowed. Contractors need to be careful of the trash they throw out in the yards because it blows around. Mr. Westrich stated that on September 14th he met with Nancy of DNR and developers Stacy Mansfield and Mrs. Holloway. At the end of meeting the developers said they would put up more silt fencing,but this still hasn't been done. Mr. Hendricks questioned if the Council recommends civil action. Mayor Knudtson stated the Council cannot advise on personal issues. The Council has heard the concerns of the neighbors, and staff is working on the issues. Mr. Leslie stated if neighbors have issues to please call City Hall. Mr. Richards questioned if the ordinance changes are approved, whether this will change the regulations for the current slopes in Arbor Heights Subdivision or will the developers be required to bring the old subdivision to the new codes. Mr. Leslie explained that the changes will require private lots to take measures to protect areas from stormwater and mud runoff. This is not retroactive but will apply to lots being developed. The City Engineer is studying ways to make the current retention basins work more efficiently and is working with the developer on the possibility of more retention basins. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 06-187 AN ORDINANCE ACCEPTING FEE SIMPLE INTERESTS, PERMANENT STORMWATER EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS, AND A STORM WATER SEWER EASEMENT FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF BLOOMFIELD ROAD BETWEEN SIEMERS DRIVE AND STONEBRIDGE DRIVE BILL NO. 06-188 AN ORDINANCE APPROVING THE RECORD PLAT OF THE HIGHLANDS AT DALHOUSIE—PHASE V Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 18, 2006 FF 158 00600107DW BILL NO. 06-192 AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE CONSTRUCTION OF A LEFT TURN LANE ON MISSOURI STATE ROUTE K AT NOTRE DAME DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR BILL NO. 06-193 AN ORDINANCE VACATING A 15 FOOT SEWER AND UTILITY EASEMENT AT THE HIGHLANDS AT DALHOUSIE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 06-195 AN ORDINANCE AMENDING SECTION 30-42(F)(10)OF CHAPTER 30 OF THE CITY CODE RELATING TO SIGNS Mr. Herbst made a motion, seconded by Ms. Ritter, to approve the second and third readings of BILL NOs. 06-187, 06-188, 06-192, 06-193, and 06-195 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. 06-187 is ORDINANCE NO. 3719; BILL NO. 06-188 is ORDINANCE NO. 3720; BILL NO. 06-192 is ORDINANCE NO. 3721; BILL NO. 06-193 is ORDINANCE NO. 3722; BILL NO. 06-195 is ORDINANCE NO. 3723. NEW ORDINANCES BILL NO. 06-198 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING STOP SIGNS ON FREDERICK STREET, AND AMENDING SCHEDULE E OF SECTION 26-283 OF THE CITY CODE, BY ENACTING A FOUR-WAY STOP AT FREDERICK STREET AND BELLEVUE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 06-198. Mayor Knudtson stated with the reopening of the post office the four-way stop is warranted to help lower the number of accidents. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,Ritter, Schneider,Tracy and Voss. Nays, none. BILL NO. 06-201 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING STOP SIGNS AT FARRAR DRIVE AND PERCY, AND AMENDING SCHEDULE E OF SECTION 26-283 OF THE CITY CODE, BY ENACTING A FOUR-WAY STOP AT FARRAR DRIVE AND PERCY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-201. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-200 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF JANSCO'S 1ST SUBDIVISION Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 18,2006 FF-159 E^0600+Q D1N Mrs. Schneider made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 06-200. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,-Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-202 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF NORTH POINTE CENTER SECOND ADDITION Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-202. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 06-204 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF PAT'S PLACE SUBDIVISION Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-204. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. BILL NO. 06-205 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF STEVEN ROBERTS SUBDIVISION Mrs. Schneider made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 06-205. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. RESOLUTIONS BILL NO. 06-196 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FEDERAL AID PROGRAM AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE FOUNTAIN STREET PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Following discussion the reading of BILL NO. 06-196 was approved and the resolution adopted upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-196 is RESOLUTION NO. 2214. BILL NO. 06-197 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH COTNER ELECTRIC CO., INCORPORATED, FOR THE DOWNTOWN LIGHTING — PHASE I PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 18, 2006 -FF-1-60 e006001070W Following discussion, the reading of BILL NO. 06-197 was approved and the resolution adopted upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-197 is RESOLUTION NO. 2215. BILL NO. 06-199 was presented as follows: A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI HOUSING DEVELOPMENT COMMISSION FOR HOME GRANT FUNDING FOR THE GOOD HOPE- BLOOMFIELD AND BLOOMFIELD-JEFFERSON NEIGHBORHOOD RESTORATION PROJECTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 06-199 was approved and the resolution adopted upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-199 is RESOLUTION NO. 2216. BILL NO. 06-206 was presented as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF ANNEXATION PETITIONS FROM WHISPERING OAKS OF CAPE GIRARDEAU, L.C., AND AN ANNEXATION PETITION FROM NELFM, L.C., AND SETTING A PROPOSED HEARING REGARDING THE PROPOSED ANNEXATIONS The reading of BILL NO. 06-206 was approved and the resolution adopted upon Mrs. Tracy's motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-206 is RESOLUTION NO. 2217. APPOINTMENTS Mr. Voss made a motion, seconded by Mr. Herbst, to appoint Marc Wicks to the Board of Examiners for a term expiring on January 1, 2009. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudson, Ritter, Schneider, Tracy and Voss. Nays,none. LIQUOR LICENSES Mr. Herbst made a motion, seconded by Mr. Hopkins, to conditionally approve three temporary liquor by the drink licenses for Donald Ganim, d/b/a City of Roses Music Heritage Association for an event to be held September 29-30, 2006, in Downtown Cape Girardeau. 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. Voss, to conditionally approve an original package liquor and Sunday sales license for Pajco, Inc., d/b/a Rhodes 101 Stop, 546 S. Sprigg Street, Paul Dirnberger, Managing Officer. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons because of Pajco's financial interests in the bank where he works. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Septemher 1R, 2006 FF-161 Fnnrnnl n7llw There being no further business, Mr. Voss made a motion, seconded by Ms. Ritter's, to adjourn to a closed session for purposes of discussing personnel issues pursuant to RSMo. Section 610.021(3). The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,Ritter, Schneider, Tracy and Voss. Nays,none. illt3K p r----- __ Knudtson, Mayor Zt 10 A6)4Aaor � City L� nrad,C ty Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session FF 162 E00600107DW THIS PAGE INTENTIONALLY LEFT BLANK.