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HomeMy WebLinkAboutCouncil.Minutes.12-04-2006.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 4,2006 FF-209 EQ'V'04O7DW REGULAR SESSION—DECEMBER 4,2006 • The Cape Girardeau City Council convened in regular session on Monday, December 4, 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. Paul Kabo of 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 litigation, confidential communications with the City Attorney, and leasing, purchase or sale of real estate pursuant to RSMo. Sections 610.021(1) and (2) upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. The minutes of the November 20, 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. Mrs. Schneider made a motion, seconded by Mr. Herbst, to adopt the agenda as distributed. Mr. Hopkins made a motion, seconded by Mrs. Tracy, to amend item 24 to "accept the improvements" instead of "approving the improvement plans" for Laurel Grove Subdivision. The amending motion 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 on the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. COUNCIL COMMUNICATIONS Mayor Knudtson recognized Beckie Figliolo and J.D. King on their retirement from service for the City of Cape Girardeau and wished them well in their retirement. Mayor Knudtson commended the City Manager and City Staff for planning to host building code seminars for contractors in the Southeast Missouri Area. City Manager Doug Leslie stated that the seminars will be held in February of 2007, and staff is working with other cities to help host the seminars. Mayor Knudtson announced that many of the city staff will be participating in a city-wide disaster exercise this week. Mr. Leslie explained that the full Emergency Operations Center will be set up similar to how it will be set up at the new Fire Station 3. The purpose of the exercise is to review the current Emergency Operations Plan and to discuss the upcoming SONS exercise in the Spring of 2007. CITY MANAGER COMMUNICATIONS City Engineer Jay Stencel stated that the new traffic lights on Siemers Drive may be activated next week. Staff is waiting on an inspection from the state level. In addition, the contractor is in the process of striping Mt. Auburn Road, and MoDOT has been striping Kingshighway and William. • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 4, 2006 -FF-24-0 5006001 07D PUBLIC HEARINGS This being the date set for a public hearing regarding the necessity to make sewer-improvements in Sewer District No. 17-D to serve properties in White Oaks Subdivision, in the City of Cape Girardeau, Missouri, the hearing was opened. There being no appearances this hearing was closed. This being the date set for a public hearing to consider the request of Michael W. Bennett for a Special Use Permit to construct an elevator addition at 1200 North Cape Rock Drive, 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. Tom Holshouser, architect for the project, appeared to answer questions. He stated that the owner will simply be installing an elevator addition to the current office. There being no further appearances this hearing was closed. BILL NO. 06-251 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE GWENDA L. BENNETT REVOCABLE TRUST FOR PURPOSES OF CONSTRUCTING, MAINTAINING, AND OPERATING AN ELEVATOR ADDITION AT 1200 NORTH CAPE ROCK DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-251. 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 Cape Girardeau School District Number 63 for a Special Use Permit to construct an expansion of the Career and Technology Center at 1080 South Silver Springs 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. Rich Payne appeared representing the school and was present to answer questions. Mr. Payne explained that the current Career Center building will be expanded by 12,000 square feet. There being no further appearances this hearing was closed. BILL NO. 06-252 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU SCHOOL DISTRICT NO. 63 FOR PURPOSES OF CONSTRUCTING, MAINTAINING, AND OPERATING AN EXPANSION OF THE CAREER AND TECHNOLOGY CENTER AT 1080 SOUTH SILVER SPRINGS ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Ms. Ritter made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 06- 252. 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 December 4,2006 FF-211 $Oiomw This being the date set for a public hearing to consider the request of John and Shirley Ferguson Revocable Trust for a Special Use Permit to construct a storage garage at 22 South Ellis Street, located in an R-4, Multi-Family Residential District, the hearing was opened. There being no appearances this hearing was closed. BILL NO. 06-253 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE JOHN H. AND SHIRLEY G. FERGUSON REVOCABLE TRUST FOR PURPOSES OF CONSTRUCTING AND MAINTAINING A STORAGE GARAGE AT 22 SOUTH ELLIS STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 06-253. Ms. Ritter stated that one condition of this Special Use Permit is to keep the trees along the property line, and she questioned if this is a usual condition. City Planner Kent Bratton explained that it is common to place additional conditions in special use permits, and in this case the adjoining property owner asked that the trees remain to separate the commercial use from the residential areas. 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 vacating the City's interest in a portion of Old Silver Springs Road right-of-way and retaining a utility easement, the hearing was opened. There being no appearances this hearing was closed. BILL NO. 06-255 was given the first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF RIGHT-OF- WAY ON OLD SILVER SPRINGS ROAD AND RETAINING A UTILITY EASEMENT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 06-255. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. APPEARANCES Mr. Mike Deimund appeared in support of approval of the record plat for Laurel Grove Subdivision. BILL NO. 06-245 was given the second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF LAUREL GROVE SUBDIVISION Mrs. Schneider made a motion, seconded by Mr. Voss,to approve the second and third readings of BILL NO. 06-245 and to adopt the ordinance. The motion was approved upon the following vote: Ayes, Herbst, Ritter, Schneider, Tracy and Voss. Mayor Knudtson abstained for financial reasons because the applicant has a financial interest in the bank where he works. Mr. Hopkins also abstained for financial reasons due to his business relationship with Trifecta. BILL NO. 06-245 is ORDINANCE NO. 3764. Proceedings of the City Council, City of Cape Girardeau, Mo. Regala' Session December 4, 2006 FF-212 E00600107UW CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 06-248 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR PAVEMENT MAINTENANCE OF THE FUEL APRON AT THE CAPE GIRARDEAU REGIONAL AIRPORT BILL NO. 06-249 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR TERMINAL BUILDING REHABILITATION AT THE CAPE GIRARDEAU REGIONAL AIRPORT Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the second and third readings of BILL NOs. 06-248 and 06-249 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. 06-248 is ORDINANCE NO. 3765; BILL NO. 06-249 is ORDINANCE NO. 3766. NEW ORDINANCES BILL NO. 06-250 was given first reading as follows: AN ORDINANCE ADOPTING A NEW CHAPTER 31 OF THE CITY CODE RELATING TO BOATING AND DOCKING REGULATIONS Mr. Voss made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-250. After discussion, the motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Leslie explained there will be signage on the riverfront notifying visitors who to contact if they plan to dock for more than 24 hours. BILL NO. 06-256 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 22 OF THE CITY CODE RELATING TO DISPOSAL OF WASTE FEES Mrs. Schneider made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 06-256. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Leslie stated that this fee change applies to the tipping fee at the transfer station due to contractual obligations for disposal of solid waste. BILL NO. 06-257 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 Proceedings of the City Council, City of Cape Girardeau, Mo. • Regular Session December 4,2006 FF-213 6006001070W Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 06- 257. Mrs. Tracy made an amending motion, seconded by Mr. Voss, to declare this bill an emergency and to give the ordinance second and third readings. The amending motion 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. 96-257 was then given second and third readings. Mrs. Schneider made a motion, seconded by Mr. Herbst, to approve the second and third readings of BILL NO. 06-257. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 96-257 is ORDINANCE NO. 3767. RESOLUTIONS BILL NO. 06-254 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT COMPANY, INC., FOR THE HISTORIC CAPE GIRARDEAU BRIDGE RESTORATION PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 06-254 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson stated that the original bids were rejected and the project was rebid with two alternates. He wants to make sure that these changes are not compromising the project. Mr. Leslie explained the history of the bids and the two alternates to the project relating to lighting enhancements on Morgan Oak. These alternates are not critical to the completion of the bridge restoration project. BILL NO. 06-254 is RESOLUTION NO. 2225. APPOINTMENTS Mr. Herbst made a motion, seconded by Mrs. Schneider,to reappoint Leonard Jansen to the Board of Examiners for a term expiring on January 1, 2010. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson stated this board requires expertise in the form of professional licensing, and two positions on the Board have remained vacant for quite some time. Council requested the Board and staff review the member requirements and provide input on ways to obtain additional applicants or recommendations to change the requirements to allow more people to qualify for the board. OTHER Mr. Voss made a motion, seconded by Mrs. Schneider,to approve the sanitary sewer improvement plans for the Members Building at the Dalhousie Golf Course. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Voss made a motion, seconded by Mrs. Schneider, to approve the street, storm sewers, sanitary sewers and water main extension improvement plans for the Highlands at Dalhousie Phase 4 Subdivision. 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 December 4, 2006 FF 214 E00600107DW Mrs. Tracy made a motion, seconded by Mrs. Schneider, accepting the street, storm sewers, sanitary sewers, water main extension, sidewalks and street light improvements for Laurel Grove Subdivision. The motion was approved upon the following vote: Ayes, Herbst, Ritter, Schneider, . Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons because the applicant has a financial interest in the bank where he works. Mr. Hopkins also abstained for financial reasons due to his business relationship with Trifecta. Mrs. Tracy made a motion, seconded by Mr. Herbst, approving the improvement plans for a sanitary sewer extension to serve Orchard Park Subdivision, Sewer District 14-KK-4. 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 the applicant has a financial interest at the bank where he works. There being no further business, Mr. Voss made a motion to adjourn, seconded by Mrs. Tracy. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. ,4111111111 digir ii"f' . udtson, Mayor Gay e L. g1 rad, City Clerk