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HomeMy WebLinkAboutCouncil.Minutes.11-05-2007.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 5_,2007 GG-1 FnfRonm7nw REGULAR SESSION—NOVEMBER 5,2007 The Cape Girardeau City Council convened in regular session on Monday, November 5, 2007, at 7:00 p.m., with Mayor Jay B. Knudtson presiding and Council Members, Matt Hopkins, Loretta Schneider,Debra Tracy and John Voss present. Charlie Herbst and Marcia Ritterwere absent. Rev. Zack Strong of Christ Church of the Heartland presented the invocation, and the Pledge of Allegiance was recited. Prior to the regular session,the City Council convened in closed session for pirposes of discussing property acquisition, litigation,and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1) and (2) upon Mr. Hopkins' motion, Mr. Voss' second, and the following vote:Ayes,Hopkins, Knudtson, Schneider,Tracy and Voss. Nays, none. The minutes of the November 5, 2007, regular and closed sessions were approved upon Mrs. Tracy's motion, Mr. Voss' second, and the following vote: Ayes, Hopkins, Knudtson, Schneider, Tracy and Voss. Nays, none. Mrs. Tracy made a motion, seconded by Mr. Hopkins, to adopt the agenda. The motion was approved upon the following vote: Ayes,Hopkins, Knudtson, Schneider,Tracy and Voss. Nays, none. COUNCIL COMMUNICATIONS Mrs. Tracy announced that on Friday the City and Arcturis will receive an award from the American Planning Association for the City's Comprehensive Plan. • Mrs. Schneider stated that the newspaper has written several articles about the Federal Building and the cost overrun of $2 million to make additional needed repairs. She expressed her displeasure with this process and the fact that the Social Security Administration and other federal offices continue to pay excessive rent for office space She is hoping people will contact theirU.S. Senators and Representative about this issue. City Manager Doug Leslie announced that the pool personnel are working to get the Central Pool chemical levels to an optimal level. Starting November 6th there will be limited use of the pool, but it will not be open to the public. The permanent pump replacement is expected in the next several weeks and should resolve the issues. Mayor Knudtson commended staff for their work on getting the pool back into operation. CITY MANAGER COMMUNICATIONS Mr. Leslie announced that in order to mitigate traffic backups at Silver Springs and Bloomfield Roads, staff is proposing to install temporary traffic signals. The City can lease them for$12,000 for the Christmas season, and they could be installed within the next two weeks. This will help reduce traffic problems at this intersection. Permanent signals are included in the proposed Capital Improvements Program. Mr. Hopkins made a motion, seconded by Mrs. Schneider, to proceed with placing temporary traffic signals at the intersection of Silver Springs and Bloomfield Roads in preparation for the Christmas Holiday. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider,Tracy and Voss. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 5, 2007 GG-2 E00600107DW Mr. David Ross, Director of the Show Me Center, presented a program on the 20 year anniversary of the Show Me Center. He reviewed the original funding for the facility, event utilization, and attendance of over 5.6 million people. PUBLIC HEARING This being the date set for a public hearing regarding the request of Jay and Kelly Purcell for a Special Use Permit to operate an unattended bed and breakfast/extended stay residence at 141 South Louisiana 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. Jay and Kelly Purcell appeared in support of the request and to answer any questions. This home will be utilized as an extended stay residence or can be used as a meeting place, executive center, or for parties or baby showers.They have talked to all the neighbors in the neighborhood about the proposal, answered their questions, and addressed their concerns. They will be renting the full house only and not just one room. There being no further appearances, the hearing was closed. BILL NO. 07-183 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JAY C. PURCELL AND KELLY R. PURCELL FOR PURPOSES OF MAINTAINING AND OPERATING AN UNATTENDED BED AND BREADFAST/EXTENDED STAY RESIDENCE, LOCATED AT 141 SOUTH LOUISIANA STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 07-183. The motion was approved upon the following vote: Ayes, Hopkins Knudtson, Schneider, Tracy and Voss. Nays, none. This being the date set for a public hearing to consider vacating the City's interest in a permanent access easement in Wildwood Subdivision, located in the City of Cape Girardeau, Missouri, the hearing was open. There being no appearances,this hearing waKlosed. BILL NO. 07-184 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A PERMANENT ACCESS EASEMENT IN WILDWOOD SUBDIVISION, LOCATED IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 07-184. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider, Tracy and Voss Nays, none. This being the date set for a public hearing to consider vacating the City's interest in the Larry Avenue right-of-way in the City of Cape Girardeay the hearing was opened. Mr. Tom Armbruster,2515 Greenway, appeared in opposition to the vacation. He stated this drive is the rear entrance to his property. In addition,there is a duplex on his property at 1236 Meadow Lane that utilizes Larry Avenue as access,and there is no other access available. In addition, there F'aceedings of the City Council, City of Cape Girardeau, Mo. - Regular - - Session November 5,2007 GG-3 Fnnfnnin7nw - is a commercial building at the back of his property that he rents, and Larry Avenue provides access without drivingthrough his existing lot and inventory. Mr. Leslie explained that the surrounding property is owned by the City through the flood buyout program and must be maintained as open land. Mayor Knudtson continued that a neighbor asked that Larry Avenue be vacated, and the City has determined that there is no public benefit for this road. Mrs. Tamela Jones, 519NorthSunset, and questioned who would own the right-of-way once it is vacated. Mr. Leslie stated that the City owns the land on both sides of the street except at the end near Mr. Armbruster's property. The land and ownership would revert to the property owners on each side. Mr. Marcus Hill, 1236 Meadow Lane, appeared and stated he lives in the duplex. He said that if the road is vacated, he would have no way to get into his house. There being no further appearances, the hearing was closed. BILL NO. 07-186 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF RIGHT-OF- WAY ON LARRY AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Voss made a motion,seconded by Mr. Hopkins,to approve the first reading of BILL NO. 07- 186. Mr. Leslie explained that Mr. Hahs made the request to vacate Larry Avenue through Mrs. Ritter, and that Mr. Hahs requested it on behalf of Mr. Reisenbichler. There is a neighborhood concern that Mr. Armbruster is parking his equipment on City property. It appeared to staff that all the properties had access from Meadowbrook Lane, but Mr. Armbruster has his vehicles parked all along Meadowbrook, and that prevents access to the duplex. Following discussion,the motion failed upon the following vote: Ayes, Hopkins, Knudtson, Schneider, Tracy and Voss. Nays, none. This being the date set for a public hearing regarding the request of Chist Church of the Heartland for a Special Use Permit for purposes of operating and maintaining a retail food distribution business at their existing church at 720 Bertling Street, 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. Reverend Zack Strong, Pastor of Christ Church of the Heartland, appeared in support of the request and to answer questions. He stated that the church feels it should not have to be here because the Angel Food Program is a ministry and not a retail business. He distributed information to the Council about theministry. Mrs. Diane Strong of Jackson appeared in support of the Angel Food Ministry. Angel Food Ministry was started in 1994 as a 501(c) (3) corporation operating as a food program. In 2006 it was awarded a loan check of$6.7 million from the USDA under the faith based and community initiative. It is a not-for-profit organization and gives a donation check each month of$1 per box to each church that participates in the food program. Mrs. Strong distributed and reviewed income Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 5, 2007 CG-4 E00600107DW and expense statements of the church, including Angel Food donation checks. Mayor Knudtson commented that through October 12, 2007, there was a deficit of approximately $2000. Mrs. Strong continued that Christ Church of the Heartland is also a 501(c) (3) not-for-profit corporation. All fundraisers go directly to the church. Based on the state and federal constitutions, churches are not subject to zoning laws, and she cited case law on this. This program is a church operating a food outreach ministry to those in need. Mrs. Stacy Hester, Director of Angel Food Ministries at the Church, appeared and stated the food is distributed one time each month. She reviewed the set up plan and traffic plan for unloading and distribution of food to other churches and to individuals. This process has never caused a traffic issue in the area. The only noise issue is the refrigeration truck parked on the church lot that operates one day a month. Twenty to forty volunteers help each month, and up to eight churches receive food from the ministry. Seventeen organizations in the City distribute the menu monthly to their clientele. Mrs. Judy Nielsen, Outreach Director at Christ Church of the Heartland, appeared and stated that the Cape location is one of 3500 Angel Food Ministries outlets throughout the U.S. The ministry has four main benefits: (1) provides high quality food for all people; (2) helps the economy and those who can't make ends meet; (3)teaches people how to work together as volunteers; and (4) gives churches and agencies an opportunity to work together. Angel Food also provides extra food at no cost to the church's existing food pantry. Angel Food is available to everyone. Mrs. Ronda Ward, a resident on Bloomfield Road, appeared and commented that she was on disability,had $19 a month for groceries and now uses Angel Food. Mr. Stewart Arthum appeared in favor of the Angel Food program. He has six children and one on the way. He uses Angel Food Ministries to feed his family. Mr. William Motes appeared in favor of Angel Food. He has a family of five, and when his house burned down in August, Angel Food Ministries helped provide food and other thingsto his family. Mr. Jack Donald, 1608 Themis, appeared in support of Angel Food Ministries. He has volunteered for three years at Angel Food and has worked all facets of the ministry. The ministry is to help others and should be free to operate a its current location. Mrs. Kathy Rink, 915 Bloomfield,stated she moved to Cape to take care of her mother who lives only on Social Security. This program helps hemiother eat better. Ms. Judy Graetz, 1507 Sylvan Drive, stated she has lived on Sylvan Drive for ten years across the street from this church. She disagrees with her neighbors and their stance against the church. She has never experienced any problems with this outreach ministry, and she feels this is a ministry and not a retail grocery store. Mr. Lester Wells, 1902 Drury Lane, appeared in supportof the ministry of the church. Mr. Gene Johnson, 1808 Scotts Lane, appeared and stated he feels this is a retail business because they are selling merchandise for cash. When he retired to Cape, he selected a home in an R-1 zone to be offered protectionof zoning laws. Mr. Don Jung, 1537 Sylvan Lane, is an adjoining property owner of the Church. Mr. Jung stated the State Constitution provides citizens the right to petition for redress against their government, Proceedings of the City Council, City of Cape Girardeau, M6. Regular Session November 5,2007 GG-5 COOCOO107DW and he cited sections of the First Amendment relating to the right protection of private property rights. He supports the church's right to exercise their religion. Mr. Jung stated he has a letter from former city employee Bill Vaughn dated April of 2005 reflecting his conversation with Pastor Strong on their intent to expand their church. The City suggested Reverend Strong speak to his neighbors, but he has not done this. Mr. Jung•stated the City says their hanch are tied and must approve the project plans. The church project is so large in a small area that it has caused damage to his property. He continued that the City Council denied a special use permit to the Community Caring Council and stuck with the recommendation of the Planning and Zoning Commission. He feels the Council'should do the same here. Mr. John Cook, 1520 Sylvan, appeared and stated he does not oppose the ministry. He does not think it is need-based, but it does help those that need it. He said the church purchased property in an R-1 zone and has entered into a contract with the community to stay zoned R-1. They are bound by law when they move from religious to commercial activity. The City can regulate commercial activity, and Mr. Cook feels this ministry is a commercial operation. It was originally listed on the Angel Food web page as a retail operation. This particular activity is not a big deal for the neighborhood, but he does not want this to be the opening to allow the church to operate a commercial venture in the future. The City should enforce its zoning laws. Mr. Cook feels this is a retail sales operation and Council should not allow this in a residential area. Mr. Brian Shelton, 1561 State Highway E, Oak Ridge, appeared and stated it is important that this ministry be held at the church. Mr. Anthony Reddick, 1804 West Mount, appeared and stated the ministry is feeding the people and reaching out to the community. The church is not earning a profit on the ministry. Ms. Claudia Reudiger, 1537 Sylvan Lane, appeared and stated you must have transportation to participate in the program. She feels the church should want to locate this ministry in an area where it is more accessible to all people in the City. Ms. Kay Kauffman,a member of the church, appeared and explained that this ministry is all over the United States. This is a prepay/preorder program and people do not have a choice of food they receive. The church delivers much of the food to people who can't get there. Another member of Christ Church appeared and stated the Council needs to respect everyone's opinions on this issue. This is a ministry to the public and it is in a proper place. Ms. Katie Austin, 25 South Sprigg, stated she utilizes Medicaid and Medicare, and with programs like Angel Food Ministries, peoplecan work to get back on their feet. Ms. Deana Moore, 55 Sena Fawn Lane, appeared and stated she and her mom help with Angel Food Ministries and also benefit from the program. Ms. Bonnie Jackson, a member of the church, appeared and stated that this is a ministry, and the Council decision will have a long term effect. Ms. Mary Kurre, 3008 Themis, Apartment 8,appeared in support of Angel Food Ministries. There being no further appearances,the hearing was closed. Proceedings of the City Council, City of Cape Girardeau, Mo. Begular Session November S, 2007 GG-6 E00600107DW Mayor Knudtson summarized the Angel Food Ministry. It has operated in Cape for four years. The City received complaints from neighbors which brought this matter to the attention of the City. He does not feel the Planning and Zoning Commission had enough information to make a decision on this matter. The City has received many communications in support of the churchand there is a vocal minority present in opposition to the program at this location. He stated he feels the Council has three options: (1) uphold the recommendation of the Planning and Zoning Commission and deny the special use permit; (2) approve the special use permit application as requested;or (3) if the Angel Food Program is deemed to be a ministry, then the church does not need a special use permit to operate the program. Hewill be supporting option three. Mrs. Schneider stated her church has participated in the Angel Food Ministries, and she agrees with option three. Mr. Hopkins stated his recollection that the Council did not approve or deny an application for a special use permit for a church to operate a daycare in 2000. City Attorney Eric Cunningham stated the City had received a request for a church to operate a daycare on Mt. Auburn Road, but then the church withdrew the request stating they did not need a special use permit. Mr. Hopkins stated he will support option three. Mrs. Tracy stated she has concerns with the retail operation of the ministry. She also sees the church as part of the community, and that is who she represents. She has an obligation to enforce zoning ordinances within the City. However,she feels bound by the determination of the IRS that this program is a ministry, and she will abide by this law and agree with option three. She does not feel it is underthe Council authority to require a special use permit. Mr. Voss stated he grew up in this area and was disappointed when the church tore down the trees and expanded the church. He feels that the Angel Food Program is good, and that it is a ministry. Mr. Voss made a motion, seconded by Mr. Hopkins, to declare that the Angel Food Ministry operated by Christ Church of the Heartland at 720 Bertling Street is a ministry and does not require a special use permit. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider, Tracy and Voss. Nays, none. APPEARANCES Ms. Tamela Jones, 519 N. Sunset, stated she saw Governor Blunt promote Make a Difference Day on October 18, 2007. The City did not have any events planned but she wants to make 2008 the beginning of Make a Difference Day in the City. She asked the Council members to review their Wards and see what projects need to be done. She will try to coordinate volunteers to assist in those areas to make improvements. CONSENT ORDINANCES The following bills were given seconi and third readings: BILL NO. 07-173 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF FOUNTAIN STREET BETWEEN MORGAN OAK AND WILLIAM STREET Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 5,2007 GG-7 Fnnnnninmw BILL NO. 07-174 AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT AND BINDING UNILATERAL! AGREEMENT WITH VERIZON WIRELESS RELATING TO BUSINESS LICENSE TAXES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 07-175 AN ORDINANCE APPROVING THE RECORD PLAT OF VILLAS AT CAPE ROCK 2 BILL NO. 07-176 AN ORDINANCE APPROVING THE RECORD PLAT OF LOT U115 OF THE HIGHLANDS AT DALHOUSIE-PHASE III BILL NO. 07-177 AN ORDINANCE REPEALING CHAPTER 8 OF THE CITY CODE ENTITLED "CABLE COMMUNICATIONS" AND ENACTING A NEW CHAPTER 8 ENTITLED "VIDEO SERVICE REGULATION", IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Voss made a motion,seconded by Mrs. Schneider, to approve the second and third readings of BILL NOs. 07-173, 07-174, 07-175, 07-176 and 07-177, and to adopt the ordinances. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-173 is ORDINANCE NO. 3860; BILL NO. 07-174 is ORDINANCE NO.3861; BILL NO. 07-175 is ORDINANCE NO. 3862; BILL NO. 07-176 is ORDINANCE • NO. 3863 and ORDINANCE NO. 07-177 is BILL NO. 3864. Mayor Knudtson stated that on the Fountain Street project, Mr. Jack Rickard, who lives in this area,questioned about putting in a fountain on Fountain Street. Mr. Rickard has indicated he may be willing to participate in the costand asked staff to review this and contact Mr. Rickad. NEW ORDINANCES BILL NO. 07-182 was given first readingas follows: AN ORDINANCE AMENDING THE BOUNDARY OF WARD 6 TO INCLUDE THE EARL H. AND RUTH ANN NORMAN PROPERTY ANNEXED BY THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-182. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider,Tracy and Voss. Nays, none. BILL NO. 07-189 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 BY PLACING A STOP SIGN ON FLAD AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Voss made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-189. The motion was approved upon the following vote: Ayes,Hopkins, Knudtson, Schneider, Tracy and Voss. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 5,2007 GG-8 E00600107DW RESOLUTIONS BILL NO. 07-187 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NUMBER 1 TO THE DESIGN CONSULTANT AGREEMENT WITH CRAWFORD, MURPHY AND TILLY, INC., FOR IMPROVEMENTS TO THE PAVEMENTS IN THE VICINITY OF THE AVIATION FUEL STORAGE AREA AND IMPROVEMENTS TO THE AIRCRAFT TIE DOWN LAYOUT IN THE GENERAL AVIATION APRON, AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 07-187 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Hopkins' second, and the following vote: Ayes, Hopkins, Knudtson, Schneider, Tracy and Voss.Nays, none. BILL NO. 07-187 is RESOLUTION NO.2313. BILL NO. 07-188 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NUMBER 1 TO THE AVIATION PROJECT DESIGN CONSULTANT AGREEMENT WITH CRAWFORD, MURPHY, AND TILLY FOR GENERAL AVIATION TERMINAL REHABILITATION AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 07-188 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Hopkins' second, and the following vote: Ayes, Hopkins, Knudtson, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-188 is RESOLUTION NO. 2314. BILL NO. 07-190 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DELTA DENTAL FOR EMPLOYEE DENTAL INSURANCE SERVICES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 07-190 was approved and the resolution adopted upon Mrs. Tracy's . motion, Mrs. Schneider's second, and the following vote: Ayes, Hopkins, Knudtson, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-190 is RESOLUTION NO.2315. BILL NO. 07-191 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ANTHEM BLUE CROSS FOR EMPLOYEE HEALTH INSURANCE SERVICES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 07-191 was approved and the resolution adopted upon Mrs. Tracy's motion, Mr. Voss' second, and the following vote: Ayes, Hopkins, Knudtson, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-191 is RESOLUTION NO.2316. Mr. Leslie summarized the City's position in providing dental and health insurance to employees and the process followed b get competitive rates. • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 5,2007 GG-9 FOnsnoicanw • APPOINTMENTS Mr.John Voss made a motion, seconded by Mr.Hopkins,to reappoint Charlie Herbst to the Public Awareness Advisory Board for a term expiring November 20, 2010. The motion was approved upon the following vote: Ayes,Hopkins, Knudtson, Schneider,Tracy and Voss. Nays, none. Mr. Hopkins made a motion, seconded by Mrs. Schneider, to appoint Robert Pastrick to the Golf Course Advisory Board for a term expiring November 12, 2010. The motion was approved upon the following vote: Ayes,Hopkins,Knudtson, Schneider,Tracy and Voss. Nays, none. LIQUOR LICENSE Mrs. Schneider made a motion, seconded by Mrs. Tracy, to conditionally approve a liquor by the drink and Sunday sales license for Applebee's Restaurants West, LLC, d/b/a Applebee's Neighborhood Grill & Bar, 202 S. Broadview, Gary Paul Tauscher, Managing Officer. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Schneider, Tracy and Voss. Nays, none. OTHER There being no further business,the City Council adjourned upon Mr. Voss' motion,Mrs. Tracy's second, and the following vote: Ayes, Hopkins, Knudtson, Schneider, Tracy and Voss. Nays, none. Jay B ' udtson, Mayor Leeobta6 Gayle(. Conrad, City C e Proceedings of the City Council, City of Cape Girardeau, Mo. Session cc-10 E00600107DW THIS PAGE INTENTIONALLY LEFT BLANK.