HomeMy WebLinkAboutCouncil.Minutes.09-18-2006.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
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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.
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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
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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
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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
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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
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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.
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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.
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Knudtson, Mayor
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� City L� nrad,C ty Clerk
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