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HomeMy WebLinkAboutCouncil.Minutes.10-23-2006.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 23,2006 FF-179 E19o+07ow REGULAR SESSION—OCTOBER 23,2006 The Cape Girardeau City Council convened in regular session on Monday, October 23, 2006, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Matthew Hopkins, Marcia Ritter, Loretta Schneider, Debra Tracy and John Voss present. Charlie Herbst was absent. 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, confidential communications with the City Attorney and personnel pursuant to RSMo. Sections 610.021(1), (2) and (3) upon Mr. Hopkins' motion, Mr. Voss' second, and the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. The minutes of the October 9, 2006, regular and closed sessions were approved upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. The agenda was adopted as distributed upon Mrs. Tracy's motion, Mr. Hopkins' second, and the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. COUNCIL COMMUNICATIONS Ms. Ritter reported on the establishment of a Medical Reserve Corps in the Southeast Missouri Area. This area has a large medical community, and in an emergency, the medical personnel cannot be removed from the medical facilities. The Medical Reserve Corps will consist of lay people with both medical and public health backgrounds, as well as many other non-medical volunteers to assist in a disaster. Anyone interested in volunteering should contact the Cape Girardeau County Public Health Center. There will be an orientation session on November 8. Mr. Leslie stated that the Mississippi Queen docked in Cape today, and many passengers onboard were ill with some type of 24-hour virus. The boat was evacuated, and the ill passengers were transported to a local hotel and other medical facilities. The remaining passengers were transported by bus to St. Louis. The State and County Health Departments are working with this issue. Upon the request of Mrs. Schneider, Public Works Director Tim Gramling explained the City Leaf Pickup Program,which will begin in November. Mr. Hopkins stated the Commander Premier Annual Fly-In was held at the Cape Girardeau Regional Airport with 60 planes flying in and over 120 guests visiting Cape. Ms. Ritter commended staff for the joint meeting with the Airport Advisory Board. There are many renovations occurring at the airport in large part due to matching grant programs. Ms. Ritter suggested the City Tree Advisory Board look into the possibility of a tree replacement program where people could donate trees to the City to plant. Mr. Voss recognized the Fire Department for the Capaha Fire Truck Rally, and he commended the Police and Fire Departments for the work they do to support the City. Proceedings of the City Council, City of Cape Girardeau, Mo. • Regular Session Oetobcr 23, 2006 FF 180 E00600107DW CITY MANAGER COMMUNICATIONS At the request of Mayor Knudtson, Police Chief Carl Kinnison updated the Council on the status of the recent random shootings that have occurred in the City. Local, state and federal law officials are investigating. Several warrants have been issued with more to come, but no arrests have yet been made. APPEARANCE Dr. C. Nelson Ringer of White Oaks Subdivision appeared in support of the ordinance annexing this area. BILL NO. 06-213 was given second and third readings: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF THE LARRY EDWARD FRANKUM REVOCABLE TRUST DATED THE 23RD DAY OF MAY, 2001, JUDY A KOCH, TRUSTEE OF THE JUDY ANN (THROCKMORTON) KOCH REVOCABLE TRUST AGREEMENT OF JANUARY 10, 1997; JOHN C. TLAPEK, TRUSTEE OF THE JOHN C. TLAPEK REVOCABLE TRUST U/A DATED MAY 2, 1995; R. A. MILLER AND PRISCILLA S. MILLER; J. MARSHALL JUNG AND ELIZABETH T. JUNG; DONALD E. EDWARDS AND CHARLOTTE A EDWARDS; JOHN P. HALL AND JERRE A HALL, TRUSTEES OF THE JERRE A. HALL REVOCABLE TRUST DATED JANUARY 31, 2001; CARL NELSON RINGER AND RITA JANE RINGER; JERRY L. KINDER AND JERI L. KINDER; AND CHARLES PATRICK GODWIN AND NANCY K. GODWIN Mr. Voss made a motion, seconded by Mr. Hopkins, to approve the second and third readings of BILL NO. 06-213 and to adopt the ordinance. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-213 is ORDINANCE NO. 3730. Mr. Joseph Ingram of Whispering Oaks appeared and stated that the residents of Whispering Oaks are opposed to any R-4 zoning in the subdivision. This contradicts what the subdivision developers promised them. The Planning and Zoning denied the developer's request, and the residents hope the Council will support this decision. Mayor Knudtson stated the developer has reduced the scope of the request to R-3 zoning, and at the request of the developer, the Council will set a public hearing on the matter for December 4. Mr. Ingram continued that the issue at hand is that the developer is continuing construction on a multi-family development, including a tri-plex, before the annexation is complete, and this is in opposition to the wishes of the property owners. Mayor Knudtson asked if the City has any mechanism or ability to curtail construction on premises outside the City limits. City Attorney Eric Cunningham explained that prior to annexation the City has no control over the property or any new development. Mayor Knudtson requested staff review the situation and develop a status report. Ms. Vicki Lance, 2763 County Road 618, lives on property owned by her parents the Hales. Mr. Arnold bought this land from her parents and said he would develop only six homes. Now there is much more development, and her family is not happy with anything the Arnolds are doing. • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 23,2006 FF-181 Eon+o+o7ow Ms. Linda Suedekem, 131 Bay Stone, bought the first home in the subdivision. Mr. Arnold told her that it was in the County and zoned R-1. Mr. Arnold never told her that the property was going to be annexed into the City. Ms. Suedekem stated she currently has City water but still has a septic tank because it was put in before the city sewers were extended to this area. Mr. Leslie explained that for several years the City had an interest in annexing areas between the current limits and the new interchange and extending water and sewer services to the area. At that time the developer signed a petition for annexation of the entire area, and these petitions run with the land when it is sold. The petitions are recorded documents, and they should have shown up when the title search was done on each property. Subdivision covenants are not city related and the City cannot enforce these. Mayor Knudtson further explained that the City does not extend services without the owner signing a petition for annexation, and presently this area has no zoning because it is in the County. Mr. Mark Jackson, 192 Bristle Ridge,bought a home in Whispering Oaks this year. He was told it would be annexed into the City, and that the entire Subdivision would be zoned R-1. Mr. Hopkins made a motion, seconded by Mr. Voss, to set a public hearing for December 4 regarding the request of Cloverdale Ranch, LC to rezone Lots 116 through 129, and 131 though 134, The Meadows of Whispering Oaks, from R-1, Single-Family Residential District, to R-3, Multi-Family Residential District. The motion was approved upon the following vote: Ayes, Hopkins,Knudtson,Ritter, Schneider, Tracy and Voss. Nays,none. Ms. Sherry Johnson, 1427 N. Clark, stated that at the last Planning and Zoning Commission meeting. Mr. Hartle requested to rezone an area from R-4 to R-1 on North Clark Street. This request was denied by the Commission, and she wanted to know why it was not on the Council agenda. Mayor Knudtson stated that Mr. Hartle has rescinded this request for rezoning. Mr. Leslie continued that there is an area presently zoned C-2 west of the Public Library and accessed off Clark Street that is also owned by Mr. Hartle. He has mentioned that may be proposing a development for senior housing in this area. Ms. Mary Richards, 1813 Greenbrier, thanked Doug Leslie for coming to the Arbor Heights area when it was raining. There has been some engineering done on Arbor Heights to help with water drainage in their area and a new berm has been built by Mr. Holloway. At a previous meeting she was designated as the primary contact for the neighborhood. However, the neighbors are not receiving return phone calls from city staff. Ms. Candy Hendricks, 1812 Greenbrier, said that she has not received a report or a return phone call from City staff regarding her concerns for water drainage in Arbor Heights Subdivision. Ms. Patricia Williams, 2538 Masters, appeared in opposition to #34 on the agenda, a special use permit request on Albert Rasche, and asked the Council to accept the recommendation of the Planning and Zoning Commission to deny the request for a child daycare. Mr. Hopkins made a motion, seconded by Mr. Voss, to file the recommendation of the Planning and Zoning Commission to deny the request of James and Keisha McReynolds for a Special Use Permit for a group home day care for up to 20 children at 2533 Albert Rasche Drive, located in R- 1, Single-Family Residential District. The motion was approved upon the following vote: Ayes, Hopkins,Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Octobcr 23, 2006 FF 182 E00600107DW CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 06-207 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR WATER SYSTEM IMPROVEMENTS BILL NO. 06-208 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR THE INSTALLATION OF HISTORIC LIGHTS AT THE BROADWAY AND HENDERSON INTERSECTION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 06-210 AN ORDINANCE APPROVING THE RECORD PLAT OF BIRD HILL SUBDIVISION BILL NO. 06-212 AN ORDINANCE APPROVING THE RECORD PLAT OF RANDOL FARMS TENTH SUBDIVISION BILL NO. 06-211 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU BILL NO. 06-219 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 06-214 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF INDEPENDENCE STREET BETWEEN PACIFIC AND KINGSHIGHWAY BILL NO. 06-215 AN ORDINANCE VACATING AN ALLEY LOCATED IN KIMMEL'S ADDITION SUBDIVISION RUNNING BETWEEN NEW MADRID STREET AND DUNKLIN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 06-216 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND SOUTHEAST MISSOURI STATE UNIVERSITY, FOR THE INSTALLATION OF FIBER OPTIC CABLE AND CONDUIT, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 02-217 AN ORDINANCE ACCEPTING A SEWER AND UTILITY EASEMENT FROM MIDAMERICA HOTELS CORPORATION, FOR MAINTENANCE OF SEWER DISTRICT 14-1-C-1, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 23,2006 FF-183 EnOF00,07Dw BILL NO. 02-218 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR TECHNOLOGY PARK DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 02-220 AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE, BY REMOVING YIELD SIGNS ON ABBEY ROAD AT ITS INTERSECTION WITH KENNETH STREET AND AMENDING SCHEDULE C OF SECTION 26-121 BY PLACING STOP SIGNS AT THAT LOCATION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 02-221 AN ORDINANCE AMENDING SCHEDULE H OF SECTION 26-126 OF THE CITY CODE, BY PLACING ELECTRIC TRAFIC CONTROL SIGNALS AT THE INTERSECTION OF SIEMERS DRIVE AND LAMBERT DRIVE, SIEMERS DRIVE AND BLOOMFIELD ROAD, MT. AUBURN ROAD AND BLOOMFIELD ROAD, AND MT. AUBURN ROAD AT ITS INTERSECTION WITH THE MALL ENTRANCE AND DOCTOR'S PARK ENTRANCE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 02-222 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING STOP SIGNS AT SIEMERS DRIVE, LAMBERT DRIVE, BLOOMFIELD ROAD AND MT. AUBURN ROAD, AND AMENDING SCHEDULE E OF SECTION 26-283 OF THE CITY CODE, BY REPEALING A FOUR-WAY STOP AT MT. AUBURN ROAD AND BLOOMFIELD ROAD, IN THE CITY OF CAPE GIRARDEAU,MISSOURI Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the second and third readings of BILL NOs. 06-207, 06-208, 06-210, 06-212, 06-211, 06-219, 06-214, 06-215, 06-216, 06-217, 06-218, 06-220, 06-221 and 06-222 and to adopt the ordinances. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-207 is ORDINANCE NO. 3731; BILL NO. 06-208 is ORDINANCE NO. 3732; BILL NO. 06-210 is ORDINANCE NO. 3733; BILL NO. 06-212 is ORDINANCE NO. 3734; BILL NO. 06-211 is ORDINANCE NO. 3735; BILL NO. 06-219 is ORDINANCE NO. 3736; BILL NO. 06-214 is ORDINANCE NO. 3737; BILL NO. 06-215 is ORDINANCE NO. 3738; BILL NO. 06-216 is ORDINANCE NO. 3739; BILL NO. 06-217 is ORDINANCE NO. 3740; BILL NO. 06-218 is ORDINANCE NO. 3741; BILL NO. 06-220 is ORDINANCE NO. 3742; BILL NO. 06-221 is ORDINANCE NO. 3743; BILL NO. 06-222 is ORDINANCE NO. 3744. NEW ORDINANCES BILL NO. 06-203 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF DODD PLACE SUBDIVISION Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 06-203. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 23, 2006 FE 184 E00600107DW BILL NO. 06-225 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF HSCA SUBDIVISION Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 06- 225. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-226 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ASHLAND COURT PHASE FIVE Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-226. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-229 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF LYNWOOD HILLS SOUTH SUBDIVISION Mr. Voss made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 06- 229. The motion was approved upon the following vote: Ayes, Hopkins, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained from voting for financial reasons because the applicant has an economic relationship with the bank where he works. BILL NO. 06-224 was given first reading as follows: AN ORDINANCE NAMING THE SOUTH MAIN PARKING LOT THE BOARDMAN- HUTSON MEMORIAL PARKING LOT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Voss made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 06- 224. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-228 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, BY ESTABLISHING A NO PARKING ZONE ON A PORTION OF INDEPENDENCE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 06-228. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-230 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 BY PLACING STOP SIGNS ON PALOMINO DRIVE AT ITS INTERSECTION WITH KENNETH DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 23,2006 FF-185 EOOcQO'OnDW Mr. Voss made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 06- / • 230. The Council commended the staff on the City's GIS system and the good use of maps for the Council agenda and for public meetings. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson,Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-227 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE RELATING TO STORMWATER REGULATIONS Mr. Voss made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 06- 227. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. City Engineer Jay Stencel reviewed the proposed changes to the stormwater ordinance relating to individual lots and overall commercial development relating to erosion control, slope requirements, detention basins, vegetation requirements and easements for drainage ways. Ms. Ritter questioned if the ordinance addressed runoff from one individual lots to another. Mr. Stencel responded this is not addressed because it is a civil matter between the two property owners. Mr. Leslie further explained that the proposed ordinance changes will only apply to developments from this point forward and will be applicable to any new plats. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-231 was given first reading as follows: AN ORDINANCE AMENDING SECTION 15-4 OF THE CITY CODE RELATING TO THE TELEPHONE BUSINESS LICENSE TAX Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 06- 231. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, None. Upon questioning by Ms. Ritter, Mr. Leslie explained there is no accurate account of how many phone companies are in the City at this point, but a request for this information has been filed. We do know there are providers in the City now that are not paying the current fee. APPOINTMENTS Mrs. Tracy made a motion, seconded by Mr. Voss, to reappoint Dana Deisher, Pat Elfrink, Bill Kiel, and Bruce Utley to the Parks and Recreation Advisory Board for terms expiring on October 29, 2009. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. Mrs. Schneider made a motion, seconded by Mr. Hopkins, to appoint Kevin Govero, Scott McClanahan and Ralph Maxton to the Planning and Zoning Commission for terms expiring November 1, 2010, and to appoint Kathy Swan for a term expiring November 1, 2009. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. Mr. Voss made a motion, seconded by Mr. Hopkins,to appoint Tim Kelley to the Cable Television Advisory_Committee for a term expiring February 20, 2008. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson,Ritter, Schneider, Tracy and Voss. Nays,none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 23, 2006 FF-186 E00600107DW OTHER Mr. Hopkins made a motion, seconded by Mr. Voss to approve the improvement plans for the construction of street, storm sewers, sanitary sewers and water main extension, to serve Arbor Heights 5th Subdivision in Sewer District 14-R-3. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. There being no further business, Mr. Hopkins made a motion to adjourn, seconded by Mr. Voss. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. ,,,,'" -'41.171(0:$41141° 1 udtson, Mayor 1 (6) Gayle L. nrad, City Clerk