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HomeMy WebLinkAboutCouncil.Minutes.11-06-2006.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 6, 2006 FF-189 Fnnannl Now • REGULAR SESSION—NOVEMBER 6,2006 The Cape Girardeau City Council convened in regular session on Monday, November 6, 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. Bob Towner of Christ Episcopal Church presented the invocation, and the Pledge of Allegiance was led by Boy Scout Troop 5 sponsored by the VFW. 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. Schneider's motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. The minutes of the October 16, 2006, special session and October 23, 2006, regular and closed .. sessions were approved upon Mrs. Schneider's motion, Mrs. Tracy'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. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. COUNCIL COMMUNICATIONS Ms. Ritter announced there will be a table top exercise on the Pandemic Flu at the Osage Centre on Wednesday, November 8th from 9:30 a.m. to 2:00 p.m. She encouraged City officials to stop by and observe the exercise. Mrs. Schneider stated the Council discussed in study session the number of street lights that are out throughout town. Staff is working with AmerenUE to get these repaired. Mayor Knudtson commended staff on the announcement of the NARS call facility coming to Cape and their assistance in this effort. CITY MANAGER COMMUNICATIONS Mr. Jeff Brune, Executive Director of the Cape County Transit Authority, presented an update on the first quarter results of the transit system in Cape County. CCTA is providing 24-hour service with 60 employees. As of October 30, 2006, 32,776 trips had been completed county-wide, including the bus service. Mr. Brune stated that the most common concern was not having a north-south route. CCTA will be working on securing bus stop shelters, and it will need assistance from the City and various civic groups for the purchase and installation of these shelters. He reported on the current and future fees, the number of"no-shows" on advance notice trips, and possible future software to help manage calls. PUBLIC HEARING This being the date set for a public hearing to consider the request of VIP Vocational Services, Inc., d/b/a Heartland Industries and Breckenridge Nine Limited Partnership for a special use permit for a community unit plan for 32 residential apartments units and one on-site manager unit Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 6, 2006 FF 190 E00600107DW in the 100 block of Hackberry Street, located in an M-1, light industrial district, the hearing was opened. Mr. Bob Whaley, Manager of Fort Hope and Napa Ridge, appeared in support of the project and to answer any questions. He will also be managing this project. There being no further appearances, this hearing was closed. BILL NO. 06-241 was given the first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO V.I.P. VOCATIONAL SERVICES, INC., D/B/A HEARTLAND INDUSTRIES AND BRECKENRIDGE NINE LIMITED PARTNERSHIP FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A COMMUNITY UNIT PLAN IN THE 100 BLOCK OF HACKBERRY STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 06-241. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. This being the date set for a public hearing to consider the request of Southeast Missouri Hospital Association, Inc., for a special use permit to erect a sign at the southeast corner of West End Boulevard and Broadway, located in an R-4, multi-family residential district, the hearing was opened. There being no appearances,this hearing was closed. BILL NO. 06-242 was given the first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SOUTHEAST MISSOURI HOSPITAL ASSOCIATION FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A SIGN AT THE SOUTHWEST CORNER OF WEST END BOULEVARD AND BROADWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Hopkins made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 06-242. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. APPEARANCES Mr. Mike Ingram of 136 Oaks Lane appeared in favor of the Whispering Oaks annexation and thanked the Mayor and Council for their help over the past several weeks. Mr. Ingram felt that most of the issues with the developer can be worked out. He stated he has spoken with many of the residents, and none he spoke to opposed the annexation. Mr. Tom Howard, a resident of Whispering Oaks, also appeared in support of the annexation. BILL NO. 06-234 was given the first reading as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF WHISPERING OAKS OF CAPE GIRARDEAU, L.C., AND NELFM, L.C. Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 06- 234. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 6,2006 FF-191 EVICAOImnw Mr. Dennis McDonald appeared and explained he had been summoned to municipal court for his mattress banner on North Kingshighway that is in violation of the sign ordinance. He appeared in court and was granted a continuance; however, he has to appear in court again. This banner accounts for 90% of his business, so he requested the Council to change the ordinance to allow each business to have one banner, which could be placed anywhere on the property except on right of way. He stated he has applied for a permit for a permanent sign, but he is having problems obtaining a permit. He doesn't want to take down the banner while the permit application is being processed. He questioned why he was the only business that has been cited when many other signs and banners in the City continue to be illegal. Inspection Services Director Tim Morgan stated that Mr. McDonald did submit a sign permit application,but he did not submit all the needed items. He wanted to attach a sign to the billboard, but.that is not allowed under the sign code. MoDOT marked the right of way in front of Mr. McDonald's business to show where a sign could be placed. Mr. McDonald then proposed a sign that would overhang the MoDOT right of way by 5 feet, but that is also not allowed. Once he submits a final design and proposed location for the sign, staff can again review the application. Mayor Knudtson continued that the Council does not want banners in the City and most of these have been made illegal with the adoption of the new sign code. He suggested to Mr. McDonald that he meet with Mr. Morgan to develop a design for the sign that can be approved. In addition, the Mayor explained that the Council has no authority or jurisdiction to address his municipal court case. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 06-203 AN ORDINANCE APPROVING THE RECORD PLAT OF DODD PLACE SUBDIVISION BILL NO. 06-225 AN ORDINANCE APPROVING THE RECORD PLAT OF HSCA SUBDIVISION BILL NO. 06-226 AN ORDINANCE APPROVING THE RECORD PLAT OF ASHLAND COURT PHASE FIVE BILL NO. 06-229 AN ORDINANCE APPROVING THE RECORD PLAT OF LYNWOOD HILLS SOUTH SUBDIVISION BILL NO. 06-224 AN ORDINANCE NAMING THE SOUTH MAIN PARKING LOT THE BOARDMAN-HUTSON MEMORIAL PARKING LOT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 06-230 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 BILL NO. 06-231 AN ORDINANCE AMENDING SECTION 15-4 OF THE CITY CODE RELATING TO THE TELEPHONE BUSINESS LICENSE TAX Proceedings of the City Council, City of Cape Girardeau, Mo. Regular session November 6, 2006 FF-192 E00600107DW Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the second and third readings of BILL NOs. 06-203, 06-225, 06-226, 06-229, 06-224, 06-230 and 06-231 and to adopt the 11 ordinances. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-203 is ORDINANCE NO. 3745; BILL NO. 06-225 is ORDINANCE NO. 3746; BILL NO. 06-226 is ORDINANCE NO. 3747; BILL NO. 06-229 is ORDINANCE NO. 3748; BILL NO. 06-224 is ORDINANCE NO. 3749; BILL NO. 06-230 is ORDINANCE NO. 3750; BILL NO. 06-231 is ORDINANCE NO. 3751. BILL NO. 06-228 was given the second and third readings 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 Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the second and third readings of BILL NO. 06-228. Mr. Hopkins made a motion, seconded by Mr. Voss, to amend the ordinance to eliminate all parking on the west side of Independence from Main to Water. The amendment was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-228 is ORDINANCE NO. 3752. BILL NO. 06-227 was given the second and third reading as follows: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE RELATING TO STORMWATER REGULATIONS Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the second and third reading of BILL NO. 06-227. Mr. Hopkins made a motion, seconded by Mr. Voss, to amend the ordinance to eliminate the last two sentences of Section 23-10(0(3). The amendment was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. The original motion was approved as amended upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-227 is ORDINANCE NO. 3753. Mayor Knudtson thanked the staff for working with developers on this ordinance. NEW ORDINANCES BILL NO. 06-232 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ELIZABETH'S FIRST SUBDIVISION Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 06-232. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-235 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 6,2006 FF-193 vosno+nary AN ORDINANCE DETACHING FROM THE CITY OF CAPE GIRARDEAU, MISSOURI, CERTAIN LAND ABUTTING THE CITY OF JACKSON,MISSOURI Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 06-235. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 06-233 was given first reading as follows: AN ORDINANCE DECLARING IT NECESSARY TO EXTEND CITY WATER SERVICES TO WHITE OAKS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU,MISSOURI Ms. Ritter made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 06- 233. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Leslie stated that the cost of this project will be assessed to the property owners and can be paid back over a ten year period. BILL NO. 06-238 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF TRUNK SEWER DISTRICT NO. 17-D, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Ritter made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-238. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-239 was given first reading as follows: AN ORDINANCE DECLARING IT NECESSARY TO MAKE SEWER IMPROVEMENTS IN SEWER DISTRICT NO. 17-D TO SERVE PROPERTIES IN WHITE OAKS SUBDIVISION,IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-239. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 06-240 was given first reading as follows: AN ORDINANCE ACCEPTING A GRANT OF EASEMENT FROM DALHOUSIE, L.L.C., FOR SANITARY SEWER IMPROVEMENTS TO SERVE THE MEMBERS BUILDING AT DALHOUSIE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 06-240. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-243 was given first reading as follows: AN ORDINANCE AMENDING SECTION 26-349 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU REGARDING DRIVING WHILE INTOXICATED Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 6, 2006 FF 194 E00600107DW Mr. Voss made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-243. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. RESOLUTIONS BILL NO. 06-236 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CRAWFORD, MURPHY AND TILLY, INC., FOR DESIGN OF AIRFIELD SIGNAGE AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 06-236 was approved and the resolution adopted upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-236 is RESOLUTION NO. 2220. BILL NO. 02-237 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FRONABARGER CONCRETERS, INC., FOR FUEL APRON REHABILITATION AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 02-237 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 02-237 is RESOLUTION NO. 2221. Mr. Hopkins abstained for financial reasons due to his business relationship with the contractor. APPOINTMENTS Mrs. Tracy made a motion, seconded by Mrs. Schneider, to reappoint Jackie Ahrens and Jack Watts to the Golf Course Advisory Board for terms expiring on November 12, 2009. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. Mrs. Tracymade a motion, seconded byMr. Herbst, to appointJohn o Voss to the Public Awareness Pp Advisory Board for a term expiring on November 20, 2009. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. OTHER Mrs. Schneider made a motion, seconded by Mr. Hopkins to change the following dates for the Council Meeting in 2007. Monday, January 1,New Years Day change to Monday, January 8. Monday, January 15, M.L. King Jr.,Day change to Monday, January 22. Monday, February 19, President's Day change to Tuesday, February 20. Monday, September 3, Labor Day change to Tuesday, September 4. Ms. Ritter stated that she would be unable to attend the meeting on January 22 and asked if the second meeting could be changed to Tuesday, January 16. Mr. Hopkins made a motion, seconded by Mr. Voss to change to Council meetings in January to the 2nd and the 16`h. Following discussion, the amending motion failed upon the following vote: Ayes, none. Nays, Herbst, Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 6,2006 FF-195 E00600107DW Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. The original motion to change the dates as listed was approved upon the following: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve a taxicab business license for Dale P. LaFont and Alecia LaFont, Cape Financial Services, d/b/a UR Limo.com, 402 Chesley Drive. The motion was approved on the following vote: Ayes,Herbst,Hopkins,Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. Mayor Knudtson encouraged everyone to vote on Tuesday,November 7th 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, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. ‘e„.•i Jay B., udtson, Mayor Xeirl/tAD< Gayle L ' onrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. • Session FF 96 E00600107DW THIS PAGE INTENTIONALLY LEFT BLANK.