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HomeMy WebLinkAboutCouncil.Minutes.10-06-2008.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6, 2008 GG-189 t W/2UU41Jtl REGULAR SESSION—OCTOBER 6,2008 The Cape Girardeau City Council convened in regular session on Monday, October 6, 2008, at 7:00 p.m., with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Mark Lanzotti, Marcia Ritter, Loretta Schneide, Debra Tracy and John Voss present. Reverend Mark Martin of Saint Andrew Lutheran Church presented the invocation. Travis Bowers of the Boy Scouts of America Troop 4 from First Presbyterian Church led the Pledge of Allegiance. Prior to the regular session,the City Council convened in closed session for purposes of discussing confidential communications with the City Attorney, litigation,and personnel, pursuant to RSMo. Sections 610.021(1) and (3) upon Mr. Herbst's motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. The Minutes of the September 15, 2008, regular and closed sessions were approved upon Mrs. Schneider's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. The agenda was approved as distributed upon Mrs. Tracy's motion,Mrs. Schneider's second,and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. CITY COUNCIL COMMUNICATIONS Mayor Knudtson presented a proclamation declaring October 5th through 11`', 2008 as Fire Prevention Week. Fire Chief Rick Ennis reviewed activities scheduled in area schools and the Fire Truck Rally to be held on October 11, 2008. Mrs. Tracy announced that the City of Cape Girardeau celebrated the grand opening of the new Federal Courthouse on October 6, 2008. PUBLIC HEARINGS This being the date set for a public hearing regarding the request of AmerenUE for a special use permit to construct and operate an electrical distribution substation at 1460 West Cape Rock Drive, at the northwest corner of Lexington Avenue and West Cape Rock Drive, within an R-4, multi-family residential district,the hearing was opened by Mayor Knudtson. 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 specal use permit; and(3)the application file. Mr. Gary Arnold, who owns property at 1228 Brookshire that abuts this property, appeared in opposition to the proposed electrical substation and distributed photographs of other substations in the City. Mr. Arnold noted that while AmerenUE has prepared the landscaping plans and stated that they would be adequate, he presented three concerns: I. He believes there are water problems at Brookshire and Amblewood Streets. He wanted to be shown that construction of a substation would not affect water flow,causing water to run down to this area. 2. He has concerns that a substation could negatively affect property values, since he owns several properties in the area. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6,2008 GG-190 E00720041JB 3. He requested that landscaping around thesubstation be designed to hide its presence. Mr. Mark Jordan of AmerenUE appeared and displayed exhibits and a drawing of the locations of existing substations in the City and the location of the proposed substation. Mr. Jordan also reviewed landscaping plans, showing a two foot burm on Cape Rock Drive and on Lexington Avenue. Mr. Jordan showed a burm adjacent to the drive on the North side of the property,noting that existing vegetation would not be touched. Mrs. Tracy asked Mr. Jordan to clarify why this particular location had been selected. Mr. Jordan stated that other properties located north of 1460 West Cape Rock Drive would not help with loads, since they would be encroaching too closely on other power substations. In addition, he noted that AmerenUE landscaping plans call for the planting of six foot trees, which he said would meet all City requirements. He told the Council that those plans would also satisfy concerns about water runoff. Mr. Jordan further noted that lines coming from the substation would be routed underground to the street, and that the project plans are scheduled for construction in late 2010 orearly 2011. Mr. Lanzotti requested that photographs of substations in other cities that are several years old be submitted to the Council for viewing, so members could see how vegetation and landscaping has grown. Mrs. Tracy questioned if studies had been conducted to determine whether power substations could affect the health of citizens living and working in close proximity tope substations. Mr. Jordan stated he thought that many studies have been conducted, and they have probably concluded that a person would be exposed to a greater health risk standing next to an operating microwave oven than living in the immediate area of an electrical substation,like that proposed by AmerenUE. Reverend Mike Shupert, pastor of the First Baptist Church located across the street from the proposed power substation,appeared in opposition to the request. Reverend Shupert stated that he had met with Ms. Collier of AmerenUE and had been told that associated costs were the primary purpose for the selection of 1460 West Cape Rock Drive as the intended location. He further stated his belief that a different location would be less intrusive to the surrounding community. Reverend Shupert presented petitions signed by one hundred sixty people opposed to the chosen location. Mayor Knudtson asked Reverend Shupert if there were any improvements that could be made to the design of the proposed electrical substation that would make it acceptable. Reverend Shupert stated that if they could show that the City of Saint Louis had substations with architectural walls and sufficient landscaping to make it blend into the area, that might be acceptable if used here. Mrs. Liz Lockhart, a member of the First Baptist Church, appeared in protest of the proposed electrical substation and presented photographs of other AmerenUE electrical substations, showing large amounts of gravel and poles. She felt the photographs showed that the landscaping did not adequately hide the substations. Mrs. Lockhart stated that no amount of landscaping could adequately disguise the substation, and that the proposed location was a residential area and should remain so. Mr. Jesse Pulley, 2206 Lakewood Drive, appeared in protest of the proposed electrical substation, and he expressed concerns about EMF (electro-magnetic field) emissions. Mr. Pulley stated that an electrical substation should not be located in a residential area. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6,2008 GG-191 E00720041J8 Mr. Jeff Dahms appeared on behalf of ten property owners in the Heritage Parks Condominiums. He expressed concern about water run-off from the substation and surrounding areas, but further stated that the proposed electrical substation would have less of an impact on stormwater than would an apartment complex,which had previously been considered for the proposed location. In addition, Mr. Dahms stated that some of the natural trees on AmerenUE property hang over adjacent property and are a hazard that he would like to see removed. Mr. Dahms further stated that he had not been informed when the property had been rezoned from Rl to R-4. Mrs. Scarlett Puls appeared in protest of the proposed electrical substation. She expressed concerns about esthetics, andquestioned whether area property values could be affected. Mrs. Jelanie Lockhart, a member of First Baptist Church, appeared in opposition to the proposed electrical substation. Mrs. Lockhart expressed concern about AmerenUE corporate officials, stating that while she had received good service,the people proposing this plan were inconsiderate and flippant with residents and church members. Mr. Paul Lockhart appeared in protest of the proposed electrical substation, noting that the City has a park located one half mile from the proposed location, and he questioned whether some portion of the park could be used as an alternate location. Mayor Knudtson responded that that particular park had been donated to the City with deed restrictions which limited itto park use, and therefore could not be an alternate to the proposedl 460 West Cape Rock Drive location. Mr. Bruce Gentry, who lives on Saratoga Avenue and is a member of the First Baptist Church, appeared in opposition to the proposed electrical substation. He stated that when he moved to Cape Girardeau from Alabama six years ago, he had looked for greener sectors of the county. Mr. Gentry noted that the proposed location is prominently located, and this substation might negatively impact visitors andthose intending to move into the community. Mr. Pat Robins, a member of First Baptist Church, appeared in protest of the proposed electrical substation, requesting it be located in another area. Mr. Lanzotti expressed concerns about the condominiums and the trees. If some of the trees were to be removed, would an option exist that would allow for the electrical substation to be located further from the street. Mr. Jordan of AmerenUE responded that they would cooperate with property owners if a hazard eNsted, and that AmerenUE would be willing to plant more trees. There being no further appearances,the hearing was closed. BILL NO. 08-165 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO PALMER AND PALMER, L.L.C., AND AMERENUE FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN ELECTRICAL DISTRIBUTION SUBSTATION AT 1460 WEST CAPE ROCK DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI. Mr. Herbst made a motion,seconded by Ms. Ritter, to approve the firstreading of Bill No. 08-165. Mrs. Tracy stated that she had concerns about health issues and did not feel that sufficient information had been disclosed addressing those concerns. Studies should be presented to the Council showing current and long-term effects of exposure. Ms. Ritter requested that more samples of architecture used in AmerenUE's Saint Louis electrical distribution substations be presented to the Council, showing landscaping and coverage of the substation with green space. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6,2008 GG-192 E00720041JB Mr. Lanzotti made a motion, seconded by Mrs. Tracy, that this special use permit request from AmerenUE be returned to the Planning and Zoning Commission to address concerns raised by Council members and citizens relating to stormwater drainage, landscaping, and safety, and to provide photographs of current AmerenUE substations to validate their commitment to the integrity of the area. The motion was approved upon the following vote: Ayes,Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. APPEARANCES Mr. Patrick Drury appeared in support of the Kensington Place Subdivision improvement plans. He stated that the initial development will be for 120beds and approximately 40,000 square feet. Mr. Herbst made a motion, and Ms. Ritter seconded, that the improvements plans for the construction of street, storm sewers, sanitary sewers, and water main extension to serve the Kensington Place Subdivision be approved. The motion was approved upon the following vote: Ayes, Herbst,Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mrs. Joan Jones appeared to invite the Council to the 4`h Annual Neighborhood Connection Picnic on Saturday, October 11, 2008, at Fountain and Them is Streets from 11:00 am to 2:00 pm. Mr. Mark Jordan, of AmerenUE, appeared in support of BILL NO. 08-155 accepting a Deed from for the floodwall and levee along North Main Street. He stated that AmerenUE has worked diligently with the City on this property transaction, and that it would be beneficial to all parties. CONSENT ORDINANCES The following bills were given second and third readings as follows: BILL NO. 08-155 AN ORDINANCE ACCEPTING A QUIT CLAIM DEED AND PERMANENT UTILITY EASEMENT FROM UNION ELECTRIC, D/B/A AMERENUE FOR THE FLOODWALL AND LEVEE ALONG NORTH MAIN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 08-156 AN ORDINANCE ESTABLISHING THE ALLEY RUNNING NORTH AND SOUTH BETWEEN MISSOURI AVENUE AND WEST END BOULEVARD, FROM NEW MADRID TO SCOTT STREET, AS A CITY STREET TO BE KNOWN AS SCHERER LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 08-157 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-147 OF THE CITY CODE, BY ESTABLISHING NO PARKING ZONES ON SCHERER LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 08-158 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 BY PLACING STOP SIGNS ON SCHERER LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6, 2008 GG-193 E00720041JB The second and third readings of BILL NOs. 08-155, 08-156, 08-157, and 08-158 were approved and the ordinances adopted upon Mr. Herbst's motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-155 is ORDINANCE NO. 3970; BILL NO. 08-156 is ORDINANCE NO. 3971; BILL NO. 08-157 is ORDINANCE NO; 3972. BILL NO. 08-158 is ORDINANCE NO. 3973. NEW ORDINANCES BILL NO. 08-160 was given first reading as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF RIVERWEST PARTNERS,L.C. The first reading of BILL NO. 08-160 was approved upon Mr.Voss' motion, Mr.Herbst's second, and the following vote: Ayes, Herbst, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons on BILL NO. 08-160 due to the developer having a financial relationship at the bank where he works. RESOLUTIONS BILL NO. 08-161 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL GOLF COURSE ARCHITECTURAL AND IRRIGATION ENGINEERING SERVICES WITH ARTHUR SCHAUPETER, GOLF COURSE ARCHITECTS, FOR RECONSTRUCTION OF EXISTING GREENS AND INSTALLATION OF A NEW IRRIGATION SYSTEM AT THE JAYCEE MUNICIPAL GOLF COURSE The reading of BILL NO. 08-161 was approved and the resolution adopted upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider,Tracy and Vcss. Nays, none. BILL NO. 08-161 is RESOLUTION NO. 2390. BILL NO. 08-162 was presented as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION FROM RIVERWEST PARTNERS, L.C., AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION. READING AND PASSAGE The reading of BILL NO. 08-162 was approved and the resolution adopted upon Mr. Voss' motion, Mr. Lanzotti's second, and the following vote: Ayes, Herbst, Lanzotti,Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons on BILL NO. 08- 162 due to the developer having a financial relationship at the bank where he works. BILL NO. 08-162 is RESOLUTION NO. 2391. BILL NO. 08-163 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH MID-STATES AVIATION, LLC, AT THE CAPE GIRARDEAU REGIONAL AIRPORT Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6, 2008 GG-194 E00720041JB The reading of BILL NO. 08-163 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-163 is RESOLUTION NO. 2392. BILL NO. 08-164 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WARRANTY DEED AND A COMMERCIAL LEASE WITH NEW RIVER DEVELOPMENT, L.L.C., FOR PROPERTY AT THE NORTHEAST CORNER OF MAIN STREET AND BROADWAY FOR THE NORTH RIVERFRONT PARKING AREA The reading of BILL NO. 08-164 was approved and the resolution adopted upon Mrs. Tracy's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Vcss. Nays, none. BILL NO. 08-164 is RESOLUTION NO. 2393. APPOINTMENTS Mr. Mark Lanzotti was appointed to the Cape Girardeau Area MAGNET Board of Directors for a term expiring December 31, 2008, upon Mr. Voss' motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schuider, Tracy and Vass. Nays, none. OTHER Mrs. Tracy made a motion,and Mr. Herbst seconded, releasing an escrow agreement in the amount of $350,000 for improvements completed for the Highlands at Dalhousie Phase II, the Lochs at Dalhousie, and the remaining street lights in the Highlands of Dalhousie. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Voss made a motion, and Mr. Herbst seconded, approving the improvements plans for the construction of street, storm sewers, sanitary sewers, and water main extension to serve the Cape West Crossings Phase I Subdivision. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider,Tracy and Voss. Nays, none. There being no further business, the City Council adjourned upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Jay B 1nudtson, Mayor fj/ yezDvutd Gayle onrad, City Clerk