HomeMy WebLinkAboutCouncil.Minutes.04-16-2007.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session April 16,2007 FF-279
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REGULAR SESSION—APRIL 16,2007
The Cape Girardeau City Council convened in regular session on Monday April 16, 2007, 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.
Reverend Mike Malone of St. Mark Lutheran 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, personnel, litigation and confidential communications with the City Attorney
pursuant to RSMo. Sections 610.021(1), (2) and (3) 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 April 2, 2007, regular and closed sessions were approved upon Mr. Herbst's
motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider, Tracy and Voss. Nays,none.
The agenda was adopted upon Mr. Hopkins' motion, Mrs. Tracy's second, and the following vote:
Ayes,Herbst,Hopkins,Knudtson,Ritter, Schneider, Tracy and Voss. Nays,none.
COUNCIL COMMUNICATIONS
Mayor Knudtson and Assistant Public Works Director Steve Cook recognized Wayne Moore,
Sewer Maintenance Supervisor, for his induction into the Missouri Water Environment
Association's Golden Manhole Society.
Mr. Hopkins suggested staff contact the Missouri Department of Transportation regarding the
inability to see the striping on Kingshighway at night.
Mayor Knudtson stated he attended the Special Olympics Saturday at the Show Me Center. He
commended Penny and Scott Williams of the Parks and Recreation Department for an excellent
job coordinating this event. City Manager Doug Leslie thanked the staff of the Parks and
Recreation,Police and Fire Departments for assisting with the event.
Mrs. Tracy stated the City was again designated as a Tree City USA community.
PUBLIC HEARINGS
This being the date set for a public hearing to consider the request of William W. and Diana R.
Beggs for a Special Use Permit to construct signs at four locations at the southeast corner of
Highway 74 and Silver Springs Road and the northeast corner of Mt. Auburn Road and Silver
Springs Road, within 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. There being no appearances, the
hearing was closed.
BILL NO 07-72 was given first reading as follows:
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Regular Session April 16, 2007 FF 280
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AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO WILLIAM W. BEGGS AND
DIANA R. BEGGS FOR PURPOSES OF CONSTRUCTING AND MAINTAINING SIGNS AT
HIGHWAY 74 AND SILVER SPRINGS ROAD AND MT. AUBURN ROAD AND 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. 07-
72. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays, none. Mayor Knudtson stated that each sign meets all current
requirements of the sign ordinance and will only be put up during harvest season on four separate
sites.
This being the date set for a public hearing to consider the request of Michael V. Sedlock for a
special use permit to construct and operate a business consisting of welding,repair, light structural
fabrication and auto repair shop located at 604 Rear South Ellis Street, between Route 74 and
Maple Street, within an R-3, Two-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. There being no appearances, the
hearing was closed.
BILL NO 07-67 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MICHAEL V. SEDLOCK FOR
PURPOSES OF CONSTRUCTING AND MAINTAINING A BUILDING FOR OPERATING A
WELDING, REPAIR, LIGHT STRUCTURAL FABRICATION AND AUTO REPAIR
BUSINESS LOCATED AT 604 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.
07-67. 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 the Community Counseling
Center, Inc., to rezone a 3.88-acre lot at 402 South Silver Springs Road, at the southeast corner of
South Silver Springs Road and Bloomfield Road, from R-1, Single-Family Residential District to
R-4,Multi-Family Residential District,the hearing was opened.
Mr. Garen Miller appeared on behalf of the Community Counseling Center. The Center wants to
subdivide the existing property to construct an apartment building for the disabled to conform and
blend into the neighborhood. The property is currently zoned R-1, and the existing building is
under a special use permit. There is Section 8 subsidized housing in the neighborhood within one
mile. He stated if the property had been zoned according to the present use, the apartments would
be permissible without a need to rezone.
Mr. John Hudeck, Executive Director of the Community Counseling Center; appeared in support
of the request. The center serves approximately 3,000 people in the community, and the purpose
of this apartment is to try to integrate people back into society. The facility will have a resident
manager.
Mr. Jerry Club, 428 S. Silver Springs Road, appeared in opposition to the request and expressed
concerns with having this type of apartment facility in the neighborhood.
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Mr. Rick Hetzel, 3107 Kage Road, appeared and stated he owns property to the East of this
facility. The proposed 21 apartments are a.lot of units and people to add to this area. These
apartments are not consistent with the character of the neighborhood.
Ms. Jennifer Cornbleau, 390 Etherton Drive, appeared in opposition to the rezoning request. In
addition, she stated she was appearing on behalf of Drury Southwest, who previously submitted
letters of opposition to the Council.
Mr. Don Shelton, 402 Kimbeland Place, stated neighbors are opposed to a zoning change and
gathered over 100 signatures on a petition expressing opposition to the apartments. This area has
the highest concentration of elderly, and they are concerned with adding up to 42 new residents to
the area. Residents are even more concerned that the apartments are for mental patients than they
would be if these were just normal apartments.
Mr. Robert McCool, a Physician of Psychiatry employed at the Community Counseling Center,
appeared in support of the request. The people residing in these apartments will have
demonstrated that they are on their way to recovery and can live on their own.
Mr. Richard Meyer, 2825 Bloomfield in Saxony Village, appeared and expressed concerns with
the location of the apartments. Residents of Saxony Village are over 65 years of age, and many
live alone and are concerned for their safety.
Mr. Jay White, Community Development Director for the Community Counseling Center,
appeared and stated that this facility will not have 21 units. The most units allowed under a HUD
Grant are 15 units,and this year they are only allowing 10 units.
Mrs. Glenda Garvey, a mentally ill patient that works at the Center, appeared in support of the
request. She stated that these people deserve to have a place to live.
Mrs. Marilyn Rastel appeared and stated she has been in counseling for over 30 years. She feels
this would be an asset to the neighborhood.
Mr. Jeff Hale, a success store from the Center,appeared in support of the request,
Mr. Gary Springer, whose mother lives at Saxony Village, stated he is glad that the Center is
putting together a program for the mentally disabled, however, his concern is for the residents of
Saxony Village. He would worry about the safety of residents in the area.
Mr. Neil Kefauver, 414 Chesley, asked that people in opposition to the apartments to please stand.
Approximately 20 people stood.
Mr. John Wagoner of Saxony Village feels the Community Counseling Center is a great facility,
but he doesn't agree with the location of the apartments next to Saxony Village.
There being no further appearances,the hearing was closed.
BILL NO. 07-65 was given first reading as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session April 16, 2007 FF 282
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AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF A PORTION
OF AN EXISTING LOT LOCATED AT 402 S. SILVER SPRINGS ROAD, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-1 TO R-4
Mr. Herbst made a motion, seconded by Mr. Hopkins to approve the first reading of BILL NO. 07-
65. Mayor Knudtson stated there is a verified petition on record signed by the owners of 30
percent of the land within 185' of the proposed rezoning. Therefore the motion must be approved
by five of the seven council members. Following discussion, the original motion to approve the
first reading of the ordinance failed upon the following roll call vote: Knudtson, nay; Ritter, nay;
Schneider, nay; Tracy, aye; Voss, nay; Herbst,nay; Hopkins,nay.
APPEARANCES
Mr. Don Howard appeared regarding problems with kids running in the streets in the South
Ranney area. He stated police need to do a better job patrolling the area. There are also problems
with semi tractor trailers driving on this street.
Mr. Mike Sheehan, 510 West West End, appeared and apologized for not being at the Citizens
Police Academy Graduation at the last City Council meeting. The academy is an outstanding
program for the Police Department.
NEW ORDINANCES
BILL NO. 07-74 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF BROOKSHIRE ESTATES SIXTH
SUBDIVISION-REVISED
Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO.
07-74. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider,Tracy and Voss. Nays,none.
BILL NO. 07-75 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF KINDER PLACE
Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO.
07-75. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider, Tracy and Voss. Nays,none.
BILL NO. 07-76 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF MARIE HOWELL SUBDIVISION
Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO.
07-76. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider, Tracy and Voss. Nays,none.
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Regular Session April 16,2007 FF-283
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RESOLUTIONS
BILL NO. 07-66 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND
INDEMNITY AGREEMENT WITH THE MISSOURI NATIONAL GUARD TO MAINTAIN
AN EXISTING VEHICLE PARKING LOT AT THE NORTHEAST CORNER OF
INDEPENDENCE STREET AND EAST RODNEY DRIVE
The reading of BILL NO. 07-66 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. 07-66 is RESOLUTION NO. 2265.
BILL NO. 07-68 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A BLUEPRINT
FOR SAFE ROADWAYS PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAYS
AND TRANSPORTATION COMMISSION FOR THE PURCHASE OF RADAR UNITS FOR
THE CAPE GIRARDEAU POLICE DEPARTMENT
The reading of BILL NO. 07-68 was approved and the resolution adopted upon Mr. Voss' motion,
Mr. Herbst's second, and the following vote: Ayes,Herbst, Hopkins,Knudtson,Ritter, Schneider,
Tracy and Voss. Nays,none. BILL NO. 07-68 is RESOLUTION NO. 2266.
BILL NO. 07-69 was presented as follows:
A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI DEPARTMENT OF
SOCIAL SERVICES UNDER THE EMERGENCY SHELTER GRANT PROGRAM, FOR
SAFE HOUSE FOR WOMEN, INC., AND THE SALVATION ARMY, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS
The reading of BILL NO. 07-69 was approved and the resolution adopted upon Mr. Voss' motion,
Mr. Herbst's second, and the following vote: Ayes, Herbst,Hopkins, Knudtson, Ritter, Schneider,
Tracy and Voss. Nays,none. BILL NO. 07-69 is RESOLUTION NO. 2267.
BILL NO. 07-70 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT AID
AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION
COMMISSION FOR AIRFIELD SIGNAGE AT THE CAPE GIRARDEAU REGIONAL
AIRPORT
The reading of BILL NO. 07-70 was approved and the resolution adopted upon Mr. Voss' motion,
Mr. Herbst's second, and the following vote: Ayes, Herbst, Hopkins,Knudtson, Ritter, Schneider,
Tracy and Voss. Nays, none. BILL NO. 07-70 is RESOLUTION NO. 2268. Mr. Leslie
explained that the signs that need to be updated to comply with FAA regulations.
BILL NO. 07-71 was presented as follows:
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Regular Session April 16, 2007 FF-284
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A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
AGREEMENT WITH COTNER ELECTRIC FOR AIRFIELD SIGNAGE AT THE CAPE
GIRARDEAU REGIONAL AIRPORT
The reading of BILL NO. 07-71 was approved and the resolution adopted upon Mr. Voss' motion,
Mr. Herbst's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,
Tracy and Voss. Nays,none. BILL NO. 07-71 is RESOLUTION NO. 2269.
BILL NO. 07-73 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND
INDEMNITY AGREEMENT WITH ENVIRONMENTAL WORKS, INC., FOR PLACEMENT
OF MONITORING WELLS ON A PORTION OF FOUNTAIN STREET, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 07-73 was approved and the resolution adopted upon Mr. Voss' motion,
Mr. Herbst's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,
Tracy and Voss. Nays,none. BILL NO. 07-73 is RESOLUTION NO. 2270.
APPOINTMENTS
Mr. Voss made a motion, seconded by Mrs. Schneider, to appoint Mr. James F. Waltz, Mr. Walt
Wildman and Mr. Rick Hetzel to the Airport Advisory Board for terms expiring April 16, 2010.
The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays,none.
LIQUOR LICENSES
Mrs. Schneider made a motion, seconded by Mr. Herbst,to conditionally approve a 5%beer by the
drink license for Michael Hurst, d/b/a Optimist Club of Cape Girardeau, for an event to be held
May 5, 2007, at the Missouri Dry Dock Parking Lot at the corner of Themis and Water. The
motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays,none.
Mr. Herbst made a motion, seconded by Mrs. Schneider,to conditionally approve a 5%beer by the
drink license for David Roth, d/b/a Humane Society of Southeast Missouri, for an event to be held
April 28, 2007, at the Osage Community Center. 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 a 5% beer by the
drink license for Robyn Turner, d/b/a Cape Girardeau Pilots Club, for an event to be held July 6-7,
2007, at the Cape Girardeau Regional Airport. The motion was approved upon the following vote:
Ayes, Herbst,Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none.
OTHER
There being no further business, the City Council adjourned upon Mr. Voss' motion, Mr.
Hopkins' second, and 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 April 16, 2007 FF-285
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Jay B. udtson,Mayor
.9 C.dL
Gayle onrad,City Clerk
Proceedings of the City Council, City of Cape Girardeau, Mo.
Session 86
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