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HomeMy WebLinkAboutCouncil.Minutes.04-07-2008.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 7, 2008 GG-83 COO72004IJB REGULAR SESSION—APRIL 7,2008 The Cape Girardeau City Council convened in regular session on Monday, April 7, 2008, at 7:00 p.m., with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst,Matt Hopkins, Marcia Ritter,Loretta Schneider,Debra Tracy and John Voss present. Rev. Roy Jones of Lynwood Baptist 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 property acquisition, litigation, personnel and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1), (2)and(3)upon Mrs. Tracy's motion,Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. The minutes of the March 17, 2008, 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. Mr. Voss made a motion, seconded by Mrs. Schneider, to adopt the agenda. The motion was approved upon the following vote: Ayes,Herbst,Hopkins, Knudtson,Ritter,Schneider,Tracy and Voss. Nays, none. COUNCIL COMMUNICATIONS Mr. Herbst recognized the Cape County Health Department for their assistance last Friday during a large water main break. Mr. Herbst requested staff send a letter of thanks for their service. City Manager Doug Leslie explained that on Friday a line break caused a reduction in water pressure in approximately one-third of the City. The leak was going into a creek, and that made it difficult to locate. Due to recent flooding, the bank of the creek at South West End Boulevard gave way and caused the line to break. Alliance Water isolated and repaired the water main the same day. Public Works Director Tim Gramling stated that on Thursday there was also a main break related to saturation of the ground due to flooding. Mrs. Tracy thanked everyone who participated in the Story Telling Festival this past weekend. It drew a good crowd from out of town. Development Services Director Ken Eftink presented a summary of the City's stormwater mitigation efforts and how effective these were in reducing the flood damage throughout the City during the recent rains. These efforts included the Walker Branch/Cape LaCroix Creek Flood Control Project,the LaSalle Detention Basin, and the Flood Buy-Out Program,which left only 17 homes in the flood plain in the City. Mrs. Tracy encouraged everyone to vote on the Parks and Recreation and Stormwater Tax Proposal on Tuesday. • Mayor Knudtson presented certificates to 13 individuals who participated in and graduated from the Citizens Police Academy. Mayor Knudtson presented a plaque to Mr. Matt Hopkins honoring and recognizing him for his service on the City Council from 2000 to2008. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 7, 2008 GG-84 EUU/ZUU41J1:1 PUBLIC HEARINGS This being the date set for a public hearing regarding the request of Rhett and Jennifer Hendrickson for a Special Use Permit to operate a management and marketing consulting firm and to install a monument sign at 1729 William Street, at the corner of William Street and Louis Street, within an R- 2, 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. 08-45 was given first readingas follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SHAWN PINCKSTEN, JENNIFER S. HENDRICKSON AND JAMES RHETT HENDRICKSON FOR PURPOSES OF OPERATING A CONSULTING FIRM, AND CONSTRUCTING AND MAINTAINING A MONUMENT SIGN, AT 1729 WILLIAM STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 08- 45. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Hopkins abstained for financial reasons due to his office having a business relationship with the applicant. This being the date set for a public hearing regarding the request of Jeff Jackson to rezone an existing 1.56-acre lot at 611 Charles Street, at the northwest corner of Charles Street and Hawthorne Road, from R-1, Single-Family Residential District to R-3, Two-Family Residential District, the hearing was open. Mr. Jeff Jackson appeared and presented a drawing requesting that Lot 5 be rezoned as R-2 and the remainder of the lots be rezoned R3, which is different from the request m the agenda. Mayor Knudtson asked if this change was reflective of the Planning and Zoning Commission's suggestion. Mr. Eftink indicated that staff has not had the opportunity to review the amended plan. Mr. Aaron Green, 616 Charles, who lives across the street from this address, appeared regarding the request. He stated the current drawing does not have the location of the structures on the lots. He requested that all setback requirements be met and that thaevised plan go back to the Planning and Zoning Commission for review and approval. Mayor Knudtson asked for a show of hands of the residents who were present regarding this issue. Mr. Kevin Miles, owner of the proposed property, appeared in support of the request. He stated that in the past the value of land has increased by removing old structures and cleaning the lot. He felt this development would improve the value of homes in the area. Mr. Mike Masey, 767 Cedar, stated he does not want the proposed single resident home and duplexes to turn into low income property. There being no further appearances the public hearing was closed. • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 7,2008 GG-85 f041/40041 JD Mrs. Tracy made a motion, seconded by Ms. Ritter, to refer back to the Planning and Zoning Commission the revised request of Jeff Jackson to rezone an existing 1.56-acre lot at 611 Charles Street, at the northwest corner of Charles Street and Hawthorne Road. 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 regarding the request of Brandon O. Williams Development, LLC, to rezone an existing three-acre lot at 1902 North Kingshighway from C-2, General Commercial District and R-1, Single-Family Residential District to C-2, General Commercial District,the hearing was opened. Mr. Brandon Williams appeared in support of the request and to answer any questions. Mr. Williams is selling the property and thenew owner is planning to build a car wash. There being no further appearances,the hearing was closed. BILL NO. 08-47 was given first readingas follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF AN EXISTING LOT AT 1902 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM C-2 AND R-1 TO C-2 Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. • 08-47. 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 an interest at the bank where he works. This being the date set for a public hearing regarding the request of Riverwest Partners, LC, to rezone 14.57 acres known as Walden Park Phase I from R-1, Single-Family Residential District to R- 4, Multi-Family Residential District and for a Special Use Permit for a community center,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 the application file Mr. Gerry Jones appeared in support of the application and to answer any questions. This phase will have ten apartment buildings and will adjoin other R-2 properties in future phases. There being no further appearances,the hearog was closed. BILL NO. 08-49 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF WALDEN PARK PHASE I, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-4 Mr. Voss made a motion,seconded by Mr. Hopkins to approve the first reading of BILL NO. 08- 49. 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 an interest at the bank where he works. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 7, 2008 GG-86 Eu0tzu0a1J8 BILL NO. 08-50 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RIVERWEST PARTNERS, LC, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A REAL ESTATES SALES OFFICE IN THE COMMUNITY CENTER IN WALDEN PARK PHASE I, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 08-50 was approved upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes,Herbst, Hopkins, Ritter,Schneider,Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons because the applicant has an interest at the bank where he works. APPEARANCES Mr. Brandon Williams appeared and stated he received a letter from the Department of Natural Resources about his desire to burn the trees at 1902 North Kingshighway. He had obtained a burn permit from the City and was told that was sufficient Now, however, he has had to haul off all the trees at a greater expense. The Fire Chief indicated he would take care of the Department of Natural Resources letter. Mr. Williams stated he wanted to dig a pit and burn all the trees, but he was told he couldn't do that. It has been a week, and Mr. Williams still has not received a response. He would like to see the Department of Natural Resources letter suspended. Fire Chief Rick Ennis stated he has been in contact with the Department of Natural Resources, but he still has not resolved the issue. Mayor Knudtson requested the Fire Chief get in contact with Mr. Williams within two days. Mr. Don Howard appeared in opposition to the proposed Parks and Stormwater sales tax on the ballot for vote on Tuesday, April 8, 2008 CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 08-42 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A FEDERAL AID SUPPLEMENTAL AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE LEWIS AND CLARK PARKWAY PHASE I, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 08-43 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A FEDERAL AID SUPPLEMENTAL AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE FOUNTAIN STREET PHASE II PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO.08-40 AN ORDINANCE AUTHORIZING ACCEPTANCE OF FEE SIMPLE INTEREST, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM NORWALD, INC., AND MEYR PROPERTIES, L.P. FOR THE CONSTRUCTION OF LASALLE AVENUE, AND OTHER ACTIONS RELATING TO THE PROJECT • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 7,2008 GG-87 E.0.041.,9 BILL NO.08-44 AN ORDINANCE APPROPRIATING MONIES FROM THE GENERAL FUND/DEVELOPMENT SERVICES FOR PAYMENT TO THE CAPE GIRARDEAU COUNTY TRANSIT AUTHORITY FOR TRANSPORTATION SERVICES FOR THE FISCAL YEAR ENDING JUNE 30, 2008, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mr. Voss, to approve the second and third readings of BILL NOs. 08-42, 08-43, 08-40 and 08-44, 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. 08-42 is ORDINANCE NO. 3905; BILL NO. 08-43 is ORDINANCE NO. 3906; BILL NO. 08-40 is ORDINANCE NO. 3907; BILL NO. 08-44 is ORDINANCE NO. 3908. NEW ORDINANCES BILL NO. 08-52 was given first readingas follows: AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE EXTENSION OF WATER SERVICES TO WHITE OAKS SUBDIVISION IN THE CITY OF CAPE GIRARDEAU, MISSOURI,AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR Mrs. Schneider made a motion,seconded by Mrs. Tracy, to approve the first reading of BILL NO. 08-52. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,Schneider,Tracy and Voss. Nays, none. BILL NO. 08-53 was given first reading as follows: AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE SANITARY SEWER IMPROVEMENTS IN SEWER DISTRICT 17-D TO SERVE WHITE OAKS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 08-53. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. Mrs. Ritter made a motion,seconded by Mr. Herbst, authorizing final payment to Jokerst,Inc. for sanitary sewer and water system improvements completed in White Oaks Subdivision. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. RESOLUTIONS BILL NO. 08-48 was presented as follows: • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 7,2008 GG-88 Eu072uOq I.,B A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO ADDENDUM NO. 5 TO THE GENERAL ENGINEERING SERVICES AGREEMENT WITH WATERS ENGINEERING, INC., FOR THE SOUTH RAMSEY LIFT STATION, SANITARY SEWER IMPROVEMENT PROGRAM, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve the reading of BILL NO. 08- 48 and to adopt the Resolution subject to approval by the Missouri Department of Natural Resources. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,Schneider,Tracy and Voss. Nays, none. BILL NO. 08-48 is RESOLUTION NO.2343. BILL NO. 08-51 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR HISTORIC RESOURCE SURVEY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion,seconded by Mr. Voss,to approve the reading of BILL NO. 08-51 and to adopt the Resolution. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-51 is RESOLUTION NO. 2344. BILL NO. 08-54 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH RED LETTER COMMUNICATIONS FOR A PORTION OF THE BUILDING LOCATED AT 100 BROADWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mr. Hopkins,to approve the reading of BILL NO. 08-54 and to adopt the Resolution. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-54 is RESOLUTION NO. 2345. Mayor Knudtson stated that Red Letter Communications presently operates in a building adjacent to the City facility at 100 Broadway. The rental of this building will assist Red Letter in maintaining their presence in the downtown area. BILL NO. 08-55 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 6 TO THE MASTER SERVICES AGREEMENT WITH S. H. SMITH & COMPANY, INC., FOR LASALLE AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Voss made a motion, seconded by Mr. Hopkins, to approve the reading of BILL NO. 08-55 and to adopt the Resolution. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-55 is RESOLUTION NO. 2346. • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 7,2008 GG-89 C00720041JD LIQUOR LICENSE Mr. Herbst made a motion,seconded by Mrs. Schneider to approve a retail liquor by the drink and Sunday sales license for Joanne Kwok, d/b/a Showgun Japanese Sushi & Grill Restaurant, Inc., 289-A South Broadview, Joanne Kwok, Managing Officer. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. OTHER Mayor Knudtson made a motion, seconded by Mr. Hopkins, to reappoint Ms. Marcia Ritter and Mr. Harry Rediger to the Tax Increment Financing Commission for terms expiring April 1, 2012. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. There being no further business, the City Council adjourned upon Mr. Hopkins' motion, Mr. Voss' second,and the following vote: Ayes, Herbst,Hopkins,Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. ggih Jay B. dtson, Mayor Li Asp, // Aisymak Gayle it,onrad,City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session GG-90 Eu072u04IJB THIS PAGE INTENTIONALLY LEFT BLANK