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HomeMy WebLinkAboutCouncil.Minutes.09-15-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 15, 2003 213 700111195 REGULAR SESSION — SEPTEMBER 15, 2003 The Cape Girardeau City Council convened in regular session on Monday, September 15, 2003, 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. Mr. Hugh White 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 litigation and personnel pursuant to RSMo. Section 610.021(1) and (3) upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The minutes of the August 28, 2003, closed session, September 2, 2003, regular and closed sessions, and September 5, 2003, Special Session, 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 Ms. Boardman's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson presented a plaque to Frank Dietiker of the Public Works Department honoring him for his 19 years of service to the city, and recognizing him on his retirement from the city. Mayor Knudtson announced that after an extensive search, Public Works Director and Interim City Manager Douglas Leslie was appointed as the new City Manager. Mayor Knudtson recognized Assistant City Attorney Reagan Holliday for her fine work over the past several weeks and for handling several important issues during the City Attorney's absence. Mayor Knudtson announced that there will be a public hearing at the City Council meeting on October 6, 2003, to receive input from the citizens regarding fireworks. The City Council had previously requested city staff provide additional information regarding fireworks at the time of the public hearing. Ms. Ritter also requested information regarding what other cities are doing and how they are handling fireworks. Upon the request of the Mayor, Mr. Leslie reported that the curbing has been removed on Mt. Auburn Road at Independence. Paving should start on Wednesday to widen the driving lane, and the striping will be completed after that. Ms. Jane Randol Jackson gave a presentation and distributed a schedule on the Lewis and Clark Bicentennial Commission event that will take place in the City November 21-23, 2003. This being the date set for a public hearing to consider vacating the city's interest in a fifteen foot alley running north/south between Lot 12 and Lots 13 and 16, Block 1, Monticello I" Addition, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 03-162 was given first readings as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 15, 2003 214 roonnss AN ORDINANCE VACATING AN ALLEY RUNNING SOUTH OFF OF DUNKLIN STREET TO AN EAST/WEST ALLEY BETWEEN ILLINOIS AVENUE AND PARK AVENUE IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-162 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. Mr. Curtis Greer appeared regarding his request for a special use permit to operate a wholesale and retail grocery -related consignment business from his home at 329 Edgewood, which was denied by the Planning and Zoning Commission. Mr. Greer explained the type of business he would be operating, presented a letter and information to the Council, and requested a public hearing before the City Council. Mr. Purcell made a motion, seconded by Mr. Hopkins, to set a public hearing at the October 6, 2003, City Council meeting regarding the above request of Curtis Greer. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. A. M. Spradling, Jr. appeared regarding the proposed ordinance to change the residency requirement of the municipal judge. He indicated he has spoken to many people in Cape Girardeau, and most do not see the need to go outside the city to hire a Municipal Judge. He discussed the other three qualified candidates who interviewed for the position and expressed concern for the 25 percent increase in salary for only two days of work. Since the person who was hired does not live in the City, she will be required to continually use a facsimile and telephone to execute warrants. Mr. Pat McMenamin appeared in opposition to changing the residency requirement for the Municipal Judge. He indicated there were three qualified applicants from within the city who interviewed for the position. In addition, if the increased salary would have been advertised, more attorneys would have applied for the position. He expressed concern that police officers have not received a cost of living raise in three years, and the City Council has chosen to give a 25 percent salary increase to the Judge. He requested the City Council deny the ordinance changing the residency requirement for the Municipal Judge. Mr. James Coley, 611 S. Sprigg, appeared and expressed concern that the Council appointed a Municipal Judge who lives outside the city's tax base area. In addition, the City, through the Convention and Visitors Bureau, hired a consultant outside the tax base to develop an image for the city. He stated the city did not need to pay money to outside people and organizations for services and positions that are available within the city. Mr. Bryan Greaser appeared in opposition to changing the residency requirement for the Municipal Judge. He stated he previously sent a letter to the Council members explaining his stance on this issue. There were qualified candidates from within the city, and the Council is changing the ordinance to fit the situation. He requested the Council do the right thing and follow the binding ordinance that is already in effect. Mr. Bill Reynolds, Cape Girardeau County Treasurer, appeared and stated that he was a firm believer that anyone who works for the city should live within the city. The person who was hired for the Judge position does not live in the city or even in the county. He stated rules are bent only in extenuating circumstances, and this appointment did not qualify. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session eptemher 15, 20 21� Judge Kim Price appeared and discussed the current case load for Municipal Court as well as the necessity to be on call 24 hours a day, seven days a week, in order to sign warrants. She stated that former Municipal Judge Ed Calvin was paid $56,000 per year, and his predecessor Bob Gowen accepted far less pay for the same position. When she was hired, she simply rolled into the same salary. She added that when her term came up, a salary review of the position was in process. The City's Municipal Court handles cases that in most cities are handled in state court. The job requirements have nothing to do with where a judge lives but rather are based on legal philosophy. BILL NO. 03-154 was given second and third readings as follows: AN ORDINANCE AMENDING CHAPTER 16 OF THE CITY CODE RELATING TO THE RESIDENCY OF THE MUNICIPAL JUDGE Mr. Herbst made a motion, seconded by Mr. Purcell, to approve the second and third readings of BILL NO. 03-154 and adopt the ordinance. Mr. Herbst discussed when he was a police officer for the city, many of the officers did not live within the city. The Council and the City Manager are required to live within the city. No one else is so required, therefore it is a moot point to change residency for one position. In the job announcement for the position, it was eluded to that the salary range was under review and would depend on the qualifications. Mr. Purcell stated he did not feel it was a matter of changing things after the fact. The job ad was open on both residency and salary. Ms. Boardman stated she would be voting against the change in the ordinance, but it is not a vote against the person appointed to the position. Ms. Ritter stated that this change was not a forgone conclusion before this issue began. The Council is able to disagree and still support the person selected for the position. Mr. White commented that each Council member voted how they believed, and he would vote in support of this ordinance to allow the person selected to serve and to show his support for the candidate selected by a majority of the Council. Following further discussion, the motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Purcell, White. Nays, Boardman, Ritter. Ms. Marilyn Chapman appeared regarding the request of Curtis Greer for a special use permit at 329 Edgewood. She indicated that he originally indicated he would sell coffee from his home, and she is okay with this. However, she is not in favor of what he is wanting to do now. Mayor Knudtson indicated there would be a public hearing on the October 6 agenda, and he suggested that she speak with Mr. Greer before that time. Mr. Frank Snider III appeared regarding his special use permit request for a detective agency at 901 S. Benton which was denied by the Planning and Zoning Commission. He stated he was not given ample time at the meeting to present his case, and one person who had appeared at the meeting on his behalf was not given the opportunity to speak. His intent is to operate the agency from the basement of his father's home, and to display a large sign in the front yard. He felt if he put up a sign for this type of agency, this would help deter speeders on this street. In addition, he has requested the Police Department investigate activities at 905 and 906 South Benton, and nothing has been done. Mayor Knudtson explained that at the last Planning and Zoning meeting, the Commission did not take action on this request. Therefore, this request must be returned to the Planning and Zoning Commission to either approve or deny. This will be on the October 8 Commission meeting agenda. The Mayor suggested to Mr. Snider that at the meeting he explain to the Commission the type of business he will be operating and his intent to place a large sign in the yard. Proceedings of the City Council, Regular Session _ City of Cape Girardeau, September 15, 2003 AM 216 700111195 Mr. Frank Snider, Sr. appeared and explained that there would be adequate off street parking to operate this in-home business at 901 S. Benton. Mr. James Barnes, a private investigator for Mr. Snider, appeared in support of the request for a special use permit to operate the detective agency at 901 S. Benton. Mr. Wayne Mattes appeared regarding extending the valid period of the improvement plans for Woodland Place Tenth Subdivision as presented by David Gerlach. He stated he and other property owners in the area had previously requested the City Council not to allow Mr. Gerlach to construct a home on Abbey Road next to the detention basin. This residence was allowed to be built, has been occupied since March, and the property is still a mess. There is drain tile and masonry work still lying in the yard, the weeds are overgrown, and the place is generally a mess. He requested that the property owner be required to clean up the mess and bring the property up to code. City Manager Doug Leslie stated that a contractor has two years from the date of issuance of a building permit to commence and compete construction of a structure. Inspections Services Director Robb McClary continued that once a structure is complete, the city can issue an occupancy permit; however, the building codes do not require completion of the yard. This could be considered under the Minimum Property Maintenance Code issue, and he will check into this property. Mayor Knudtson explained that the City Council had pledged to get issues with this developer worked out, and as of this date have not. The City is currently in litigation with the developer, and he claims this has deterred his ability to complete the subdivision and necessitates the extension. Mr. Leslie has a meeting scheduled with the developer within the next week. Mr. Al Stoverink of Southeast Missouri State University appeared in support of the application for enhancement funds for the Welcome Center on the River Campus. Following discussion, Mr. Purcell made a motion, seconded by Ms. Boardman, endorsing the application of Southeast Missouri State University for Enhancement Funds from the Missouri Department of Transportation for design and construction of an affiliated Welcome Center on the River Campus. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Ms. Ritter made a motion, seconded by Mr. White, referring back to the Planning and Zoning Commission the request of Frank Snider III for a special use permit to operate a private detective agency out of the home of Frank Snider, Sr., and a request for an advertising sign at 901 S. Benton. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. John Goff, Pastor of Cape Girardeau Church of God at 620 S. Ellis, appeared and presented a petition in opposition to a request that was approved by the Planning and Zoning Commission to place a convenience store at the southeast corner of Sprigg and Highway 74. Members of the church and parents of the children at the daycare who are opposed to the request signed the petition. There are concerns with the sale of alcohol near the church as well as traffic safety and congestion at this intersection. He requested the Council vote in opposition to this request. Mr. Eldon Nattier appeared in opposition to the request for a convenience store at Sprigg and Highway 74. Many citizens appeared at the commission in opposition to the request; however, the Commission still voted unanimously for the request. Mr. Bob Blank, who has an interest in the business, did recuse himself from voting. Mr. Nattier expressed concerns with increased crime, increased traffic congestion, and possible adverse affects on property values. With the new extension of Fountain Street being completed, there could be a sign placed on Highway 74 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 15, 2003 217 T00111195 directing the traffic to the convenience stores on Morgan Oak. He requested the council f l reconsider this issue. II Mr. James Coley, 611 S. Sprigg, also appeared regarding the request for a convenience store. He gave a brief history of the awards and acclamations he has received for renovating the structure at 611 South Sprigg. He questioned the integrity of all of the members of the Planning and Zoning Commission. He called for an investigation of each member of the commission for their actions at the October 8 meeting. There was a conflict of interest on this issue by Commission member Bob Blank. In the draft version of the minutes he did abstain from voting; however, he did not disclose his conflict of interest. This questions whether he properly recused himself. He also said there were violations of procedure by Chairman Harry Rediger, and these issues need to be investigated. Mayor Knudtson directed Mr. Coley to put his allegations in writing and present them to the City Council. Mr. Mary Skelton, 635 S. Sprigg, appeared in opposition to the request for the convenience store at Sprigg and Highway 74, and requested the other residents of the neighborhood who opposed the request to introduce themselves. They were Dwayne Winemiller; Billy Newsome, 623 South Sprigg; Patsy and Charles Langston, 703 South Sprigg. Mayor Knudtson announced that there would be a public hearing on the October 6 City Council agenda regarding the request for a special use permit for a convenience store at the southeast corner of Sprigg and Highway 74. The following bills were given second and third readings: BILL NO. 03-151 ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, PERMANENT UTILITY EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF SILVERS SPRINGS ROAD BETWEEN MISSOURI ROUTE 74 AND MT. AUBURN ROAD BILL NO. 03-155 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, BY REPEALING CERTAIN NO PARKING ON NEW MADRID STREET AND ESTABLISHING NEW NO PARKING ON NEW MADRID STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 03-156 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DSW DEVELOPMENT CORPORATION AND AAT COMMUNICATIONS CORPORATION FOR THE PURPOSE OF MAINTAINING AND OPERATING A 195 FOOT CELLULAR COMMUNICATION TOWER AND EQUIPMENT PAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU BILL NO. 03-157 AN ORDINANCE ENACTING A NEW SECTION 26-49 OF THE CITY CODE RELATING TO SPECIAL ASSESSMENT PROJECTS BILL NO. 03-158 AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE RELATING TO ALCOHOLIC BEVERAGES AND HOURS OF SALE Proceedings of the City Council, City of Cape Girardeau, Regular Session September 15, 2003 Mo. 218 Toon 11 ss The secondand third readings of BILL Nos. 03-151, 03-155, 03-I3b, 0-7376fid 03-158 were approved and the ordinances adopted upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-151 is ORDINANCE NO. 3221; BILL NO. 03-155 is ORDINANCE NO. 3222; BILL NO. 03-156 is ORDINANCE NO. 3223; BILL NO. 03-157 is ORDINANCE NO. 3224; BILL NO. 03-158 is ORDINANCE NO. 3225. BILL NO. 03-160 was given first reading as follows: AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, PERMANENT SLOPE EASEMENTS, A PERMANENT INGRESS/EGRESS EASEMENT, A TEMPORARY ACCESS EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF BLOOMFIELD ROAD AND THE REPLACEMENT OF THE RAMSEY BRANCH BRIDGE The first reading of BILL NO. 03-160 was approved upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-165 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO BRECKENRIDGE THREE LIMITED PARTNERSHIP FOR UNNEEDED RIGHT-OF-WAY ON LOUISIANA AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-165 was approved upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-166 was given first reading as follows: AN ORDINANCE AMENDING SECTION 39-302(c) OF THE CITY CODE RELATING TO INDUSTRIAL WATER RATES The first reading of BILL NO. 03-166 was approved upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-167 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CAPCO INVESTMENTS LTD FOR THE CONSTRUCTION OF A PEDESTRIAN BRIDGE OVER MISSOURI ROUTE 74 AT ELLIS STREET The first reading of BILL NO. 03-167 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. 03-159 was presented as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 14, 2003 219 - - _--_ - 700111195 A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH CAPAHA BANK FOR CONSTRUCTION AND MAINTENANCE OF A SERVICE DRIVE DESIGNED TO BE USED FOR MOTOR VEHICLE ACCESS OVER AND ACROSS A PART OF THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT RIGHT-OF-WAY Mr. White made a motion, seconded by Mr. Herbst, to approve the reading of BILL NO. 03-159 and to adopt the resolution. Mr. Herbst made a motion, seconded by Mr. Hopkins, to amend the resolution by removing the word "Interim". The amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-159 is RESOLUTION NO. 1916. BILL NO. 03-161 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A T -HANGAR RENTAL AGREEMENT WITH ANDREW HILL, AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 03-161 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. 03-161 is RESOLUTION NO. 1917. BILL NO. 03-164 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LAPPE CEMENT FINISHING, INC., FOR SILVER SPRINGS ROAD PHASE IV PAVEMENT CONSTRUCTION FROM SOUTH OF SHAWNEE PARKWAY TO SOUTH MT AUBURN ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 03-164 was approved and the resolution adopted upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-164 is RESOLUTION NO. 1918. Mr. Leslie explained that at the intersection of Silver Springs and Mt. Auburn there is a need to transition to a four-way intersection. In order to do this, there will be a sharp curve; however, staff is aware of this and will have corrective elevations to help alleviate the sharpness of the curve. A 5% beer by the drink license for Minkin Enterprises, LLC d/b/a Caf6 Azu, 1315 Broadway, Erik Viktor Minkin, Managing Officer, was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. A temporary 5% beer by the drink license for the City of Roses Music Heritage Association for an event to be held September 26-27, 2003, at three locations in downtown Cape Girardeau, including two in Riverfront Park and one on the Main Street parking lot, was approved upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Hopkins made a motion, seconded by Mr. White, to extend the valid period of the improvement plans for Woodland Place Tenth Subdivision. Upon questioning by Ms. Ritter, Mr. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 15, 2003 220 700111195 Leslie explained that he has a meeting scheduled with the developer to attempt to resolve many issues that have developed over the last several years. Mr. Leslie proposed a one-year extension to allow time for the litigation to be resolved and the development to move forward. City Engineer Mark Lester further explained that if the extension is not approved, the developer will be required to resubmit the improvement plans and to start the approval process over again. Following further discussion by the Council, Mr. Hopkins and Mr. White withdrew their motion and second respectively. Ms. Ritter made a motion, seconded by Mr. Boardman, to table action on the request of David Gerlach to extend the valid period of the improvement plans for Woodland Place Tenth Subdivision. The motion to table was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Leslie and Mr. Lester will report back to the Council on this issue. The improvement plans for Arbor Heights Second Addition, Sewer District 14-R-3, were approved upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, none. Mr. White abstained for financial reasons since his residence is adjacent to this subdivision. Police Chief Steve Strong announced that there will be a Neighborhood Watch Picnic at 401 South Ellis at 6:00 p.m. on September 16, and all City Council members are invited to attend. There being no further business, the meeting adjourned upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Knudtson, Mayor Gayle L. Conrad, City Clerk