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HomeMy WebLinkAboutCouncil.Minutes.09-03-2002.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI September 3, 2002 419 � ____.------.__�—_._._.___ __------__ .._.____---_.___._�_____--- _. . _., _._ _ .. ___ _ _ ...__ -- . _ __ T00111195 -'-- _�r.__.. -._ _.__. ____.._..._..---_._.____�-. ._ ._.�...__--_....---__.__._ _.___._.. _........ _ .__.___..--- .__ .__. .___... _ ,. .. . . ._..__. .__.._. . _ ....._._.._ REGULAR SESSION–SEPTEMBER 3,2002 The Cape Girardeau City Council convened in regular session on Tuesday, September 3, 2002, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charles Herbst,Matthew Hopkins, Jay Purcell, Marcia Ritter and Hugh White present. The invocation was presented by Rev. Mark Martin, Trinity Lutheran Church, and the Pledge of Allegiance was recited. Prior to the regular session,the City Council convened in closed session for purposes of discussing litigation, property acquisition, personnel and privileged communications with the City Attorney pursuant to Sections 610.021(1), (2) and (3) of the Revised Statutes of Missouri, upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson, Ritter, White. Nays,none. (Mr. Purcell was absent). The minutes of the August 19, 2002,regular and closed sessions were approved upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. The agenda was adopted as distributed upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst,Hopkins,Knudtson,Purcell,Ritter, White. Nays,none. This being the date set for a public hearing regarding a petition for annexation from Aaron's Properties, L.L.C., for a 2.68-acre tract located on the west side of Route W adjacent to the northwest limits of the city, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding a petition for annexation from Jones and Kennon Development, L.L.C., for all of Lot Numbered 18 of the Second Amended Plat of Lynwood Hills Estates, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the request of Jones and Kennon Development, L.L.C.,to rezone Lot 18 of Lynwood Hills Second Amended Subdivision from R-1, single family residential district (zoning classification upon annexation), to R-3, two-family residential district, and R-4, multiple family residential district, the hearing was opened. There being no appearances,the hearing was closed. This being the date set for a public hearing regarding a proposed amendment to the Subdivision Regulations, Section 25-77(3) regarding multiple dwelling unit subdivision design standards, the hearing was opened. There being no appearances,the hearing was closed. BILL NO. 02-176 was given first reading as follows: AN ORDINANCE AMENDING SECTION 25-77(3) OF THE CITY CODE RELATING TO MULTIPLE-DWELLING UNIT SUBDIVISION DESIGN STANDARDS The first reading of BILL NO. 02-176 was approved upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SgSSIOtI September 3, 2002 420 _ _ _____.__._______ _ _ ._ T00111195 .....�..� ._._,._.__._. ._ . ,. _.�_._.____._..__. ._..._.__..._ _._...__..._._._ . _ -------....._-----._.__----. .. .... -------.__ _ __... .. . . ..._ _. . . __.,....__.... _._..-- i This being the date set for a public hearing regarding a proposed amendment to the zoning ordinance, Section 30-39(d) regarding placement of temporary manufactured units and modular units,the hearing was opened. There being no appearances,the hearing was closed. � BILL NO. 02-178 was given first reading as follows: AN ORDINANCE AMENDING SECTION 30-39(d)(41) OF THE CITY CODE RELATING TO SPECIAL USE REGULATIONS FOR THE PLACEMENT OF TEMPORARY MANUFACTURED BUSINESS UNITS The first reading of BII,L NO. 02-178 was approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White.Nays,none. This being the date set for a public hearing regarding the request of LaCroix United Methodist Church for a special use permit for the installation of a temporary modular single-wide office unit at 3102 Lexington Avenue in an R-1, single family residential district, the hearing was opened. There being no appearances,the hearing was closed. BILL NO. 02-173 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LACROIX UNITED METHODIST CHURCHFOR PURPOSES OF PLACEMENT OF A TEMPORARY MODULAR SINGLE-WIDE OFFICE UNIT AT 3102 LEXINGTON AVENUE IN THE CITY AND i COUNTY OF CAPE GIRARDEAU,MISSOURI I I The first reading of BILL NO. 02-173 was approved upon Mr. Herbst's motion, Mr. Hopkins' ( � second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, � � White. Nays,none. I This being the date set for a public hearing regarding the request of Donald and Joy Froemsdorf, I� Charles III and Tracy Blattner, Randall and Patricia Stahly, Peter and Cynthia Maher, Eula I Stevenson, Henry and Tamara Sessoms, Clinton and Carrissa Tracy, Donnie and Eleanor Shuck, Mary Ann Stamp, Kathryn Yallaly, John and Shirley Ferguson, Brian and Debra Tracy, and Lorene Welch to rezone 600, 601, 610, 633, 635, 636, 637, 643, 646, 656, 678, 689 and 690 � Highland Drive from R-3, two family residential district, to R-2, single family residential district, ' Ithe hearing was opened. Mr. Henry Sessoms appeared on behalf of the neighborhood in support iof the request. There being no further appearances,the hearing was closed. � BILL NO. 02-179 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 600, 601, 610, 633, 635, 636, 637, 643, 646, 656, 678, 689 AND 690 HIGHLAND DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI FROM R-3 TO R-2 The first reading of BILL NO. 02-179 was approved upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White.Nays,none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOn September 3, 2002 421 .��_�____.._____..________.�__..____.___.__ ___.�.__ _.__ _ __.__._.__._ .._ .___,_.._ .---._., __ _ . _ ._ ,- _ .. _ _.. _. _.. . _ TO�,,,,95 This being the date set for a public hearing regarding the request of Robert and Adelaide Parsons, Rusty and Reagan Holliday, Jayne Schemnan, Mike and Grace Parry, Bemard and Sharon Landewe, J. K. and Lois Weakley, and Jan Seabaugh to rezone 1217, 1223, 1235, 1237, 1243, 1257 and 1220 Rockwood Drive from R-3, two family residential district, to R-2, single family residential district,the hearing was opened. There being no appearances,the hearing was closed. BILL NO. 02-182 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 1217, 1223, 1235, 1237, 1243, 1257 AND 1220 ROCKWOOD DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-3 TO R-2 The first reading of BILL NO. 02-182 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. This being the date set for a public hearing regarding the request of Gerald and Judith Brey, Neal and Rhonda Zeilinger, Marta E. Green, David and Francis McLain, Dan and Poly Cotner, John and Linda Tansil, Ronald and Beverly Hahs, and Ted and Margaret Yates to rezone 1201, 1202, 1211, 1208, 1222 and 1225 Hillcrest Drive, and 621 and 615 North Henderson Avenue from R-3, two family residential district, and R-4, multiple family residential district, to R-2, single family residential district,the hearing was opened. Mr. David McLain appeared in support of the request. There being no further appearances,the hearing was closed. BILL NO. 02-180 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 1201, 1202, 1211, 1208, 1222 AND 1225 HILLCREST DRIVE AND 615 AND 621 NORTH HENDERSON AVENUE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-3 AND R-4 TO R-2 The first reading of BILL NO. 02-180 was approved upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. This being the date set for a public hearing regarding proposed amendments to the zoning ordinance regarding billboard regulations,the hearing was opened. Mr. Jeff Bohnert of DSW Signs appeared and requested clarification on various issues. Since the amendment will require a special use permit for a billboard, he questioned what the process is and the time line for a special use permit application. He expressed concerns with the distance a billboard must be from the street right-of-way, questioned whether tri-view signs will be allowed, and whether current billboards will be grandfathered. Upon questioning by the Mayor, Mr. Bohnert stated that DSW is not presently looking into video billboards because of the expense. City Planner Kent Bratton explained the special use pernut process, which takes approximately 60 days. City Manager Michael Miller explained that all existing billboards will be regulated under the zoning ordinance relating to maintenance and use of the structure. Mr. Charles Haubold, Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI September 3, 2002 422 _ ___ __.�. � .._.__.__-- __- T00111195 . .�... ..�. ..... ..... .._...__._._-- - . . ,....._ _...._._. . Chairman of tlie Planning and Zoning Commission further explained the need for a setback off of � the street right-of-way. There being no further appearances,the hearing was closed. BILL NO. 02-183 was given first reading as follows: AN ORDINANCE AMENDING SECTION 30-41 OF THE CITY CODE RELATING TO BILLBOARDS Mr. White made a motion, seconded by Ms. Boardman, to approve the first reading of BILL NO. 02-183. Following discussion by the Council on setback requirements, the motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. I Mr. James McDonald appeared regarding the request for the city to accept the streets for maintenance in the Village on the Green Subdivision. He presented a handout to the Council � which included the original plat of the subdivision as well as a map outlining the present property owners. Mr. McDonald gave the history of the subdivision, including the street maintenance, parking issues, and emergency access in the subdivision. He indicated that the city has maintained approximately 80 percent of the streets within the subdivision for the past 27 years, and the residents have maintained the rest. The portion that is maintained by the residents was never accepted by the city because it was not inspected by the city when it was built. He indicated that � the streets did not need any major repair. � Mr. Charles Schoen, 124 Albert Street, appeared and requested that the existing bicycle trail be � extended to the new Central High School to allow students to safely ride their bikes to school. Mr. � Hopkins requested the city staff review and develop costs for this request. Ms. Ritter requested discussion on issues relating to birds roosting in the southwest portion of the City, including health concerns and what other cities are doing. Captain Carl Kinnison stated there are hundreds of thousands of birds roosting in the city. According to the Center for Disease Control, there is no connection between the west nile virus and contact with birds or their droppings. In addition,there is no increased chance of getting histoplasmosis from bird droppings. � City Manager Michael Miller explained that many cities are having this problem, and it is not easy to get rid of the birds safely. The city has used noisemakers, audiotapes and starlicide with little results. A new poison is being tested in the City of Sikeston, and the Police Department will investigate its success. Ms. Boardman commented that the city needs to review the City Charter relating to the five- � percent cap on fee increases in the city. Mayor Knudtson responded that the Citizens Finance Task Force and the City Revenue Team both recommended the City Charter be reviewed. Once the City Council receives the additional information from the Task Force, the Council will have further discussion on this issue in more detail. Mayor Knudtson requested a followup to Ms. Ritter's request for more frequent financial information for the city. Mr. Miller responded that he is in the process of developing a monthly two page financial report. The report may be several months behind due to the year-end close out, but the first report should be presented shortly. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI Se�tember 3, 2002 423 __._ _ �._v_._� __.______.---w______.---___.___.��__ _ ,.----.__________.____.._____..__.__.__.._._ _ __. ._. _. _ . __ .__ __-----.._ _. T00111195 __._.. �_ �..�__._.__ �.. _.. .,__ __ .._. ,_. .. . ._ . . .____._ .._......_._ ____... ...._....._. �_. _._..__._,.. Upon the request of Mayor Knudtson, Captain Kinnison reported on the traffic situation at the new Central High School on the first day of school. Traffic was congested, and modifications for traffic flow will be implemented for the second day of school. Students are asked to carpool or use the school buses. The following bills were given second and third readings. BILL NO. 02-158 AN ORDINANCE ADOPTING SECTIONS 2-76 TO 2-83 OF THE CITY CODE RELATING TO CONFLICTS OF 1NTEREST BILL NO. 02-161 AN ORDINANCE APPROVING THE RECORD PLAT OF MELROSE PLACE STH SUBDNISION BILL NO. 02-162 AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 15 OF THE CITY CODE RELATING TO CONVENTION AND VISITORS ADVISORY BOARD BILL NO. 02-165 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU BII,L NO. 02-166 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATION AGREEMENT ESTABLISHING THE SOUTHERN MISSOURI HOUSING FINANCE COMMISSION BILL NO. 02-171 AN ORDINANCE DECLARING IT NECESSARY TO MAKE SEWER IMPROVEMENTS 1N LATERAL SEWER DISTRICT NO. 14-K-7, A SUBDNISION OF TRUNK SEWER DISTRICT NO. 14-K, TO SERVE CERTAIN PROPERTIES ALONG PERRYVILLE ROAD, iN THE CITY OF CAPE GIRARDEAU,MISSOURI The second and third readings of BILL NOs. 02-158, 02-161, 02-162, 02-165, 02-166, and 02-171 were approved and the ordinances adopted upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-158 is ORDINANCE NO. 3041; BILL NO. 02-161 is ORDINANCE NO. 3042; BILL NO. 02-162 is ORDINANCE NO. 3043; BILL NO. 02-165 is ORDINANCE NO. 3044; BILL NO. 02-166 is ORDINANCE NO. 3045; BILL NO. 02-171 is ORDINANCE NO. 3046. BILL NO. 02-160 was given second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF WOODLAND PLACE ELEVENTH SUBDIVISION The second and third readings of BILL NO. 02-160 were approved and the ordinance adopted upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, White. BII.L NO. 02-160 is ORDINANCE NO. 3047. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI September 3, 2002 424 _.._. _.__.___. . _- ___ T00111195 ...�......,�...�... -___._.--....- ---- ...__.__._ -�----. _._.__.._ _ _.. ._ . _._. .. ... . .___. _._.._ _.. ..__. ._ _ . . .._._ ._. ...._ ...___ -__._ _.._ .. .. .._. .. .. � BILL NO. 02-174 was given first reading as follows: I AN ORDINANCE ACCEPTING PERMANENT SEWER EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE ARENA CREEK SANITARY SEWER PROJECT . The first reading of BILL NO. 02-174 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. BILL NO. 02-177 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF PHYSICIANS ALLIANCE SUBDNISION The first reading of BII,L NO. 02-177 was approved upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. BILL NO. 02-175 was presented as follows: � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF � LIEN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The reading of BILL NO. 02-175 was approved and the resolution adopted upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Purcell,Ritter,White. Nays,none. BILL NO. 02-175 is ORDINANCE NO. 1817. I Ms. Kathie Brennan was appointed as the City Council representative to serve on the Convention and Visitors Bureau Task Force upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst,Hopkins,Knudtson,Purcell,Ritter,White. Nays,none. Charles Heady Jr. and Michael Leimer were appointed to the Golf Course Advisory Board for terms expiring September 4, 2005, upon Mr. Herbst's motion, Mr. Hopkins' second, and the ' following vote: Ayes, Boardman,Herbst, Hopkins,Knudtson,Purcell,Ritter,White. Nays,none. A retail liquor by the drink license for Drury Inns, Inc., d/b/a Drury Suites, 3303 Campster, Randy Kluge, Managing Officer, was conditionally approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, � White. Nays,none. � The street, sanitary sewer, stormwater and water improvements, as shown on the approved plans, and the storm sewers in the street right-of-way for Sewer District 14-1-D-5, Wyandotte Acres 3rd Subdivision, were approved upon Mr. White's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst,Hopkins,Knudtson,Purcell,Ritter, White. Nays,none. � Regarding the request to accept the street improvements in Village on the Green Subdivision, Mr. Miller stated that city staff will review the parking issues and emergency access issues and will report back to the City Council at its meeting on September 16. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOCI September 3, 2002 425 --__.___ ------- __�__.__________________�__ __._______,__ __.__.___._..___ _ _._ _ ____ _ . ___.___ ____ _ T��,,,,95 _ . .. . --v�_�....____-- ._._�__�.�._,.�._._.�___�_..___..____..__��._.____�.._.__t_�.._._.._._�._._..._.__....__ _.....___ . _ .. ....._. ..... ____ .._...._ _.__..___ _...._.... _ _. ....._,_.__ There being no further business, the Council adjourned upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,none. ' �(�1-�..�.� j'Jay B. udtson, Mayor � �l --- -� ,, _,�;� �' 1 J �L �-� Gayle L. , nrad, City Clerk