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HomeMy WebLinkAboutCouncil.Minutes.04-16-2007.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 16,2007 FF-279 E006001070W 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: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 16, 2007 FF 280 E00600107DW 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. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 16,2007 FF-281 EO^S^D107DW 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 E00600107DW 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. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 16,2007 FF-283 60e6ee10'13W 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: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 16, 2007 FF-284 E00600107DW 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 E00C00107DW Jay B. udtson,Mayor .9 C.dL Gayle onrad,City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session 86 E00600107DW THIS PAGE INTENTIONALLY LEFT BLANK. I/