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HomeMy WebLinkAboutCouncil.Minutes.04-05-2004.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 5, 2004 357 700111195 REGULAR SESSION — APRIL 5, 2004 The Cape Girardeau City Council convened in regular session on Monday, April 5, 2004, 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. Rev. Scott Moon of Grace United Methodist Church presented the invocation, and the Pledge of Allegiance was recited. Prior to the regular session, the Council convened in closed session for purposes of discussing property acquisition, personnel, litigation and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1), (2) and (3), upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The minutes of the March 15, 2004, regular and closed sessions and March 18, 2004, special sessions were approved upon Ms. Boardman'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. White's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Upon questioning by Ms. Ritter, Police Captain Carl Kinnison explained the city ordinances relating to the housing of chickens in the city limits. Mayor Knudtson reported on the following: 1. He commended the City Manager and City staff on the excellent way the recent City Council Retreat was conducted. He stated this was the most productive retreat he had been to. 2. He requested discussion on the Sales Tax Holiday be placed on the next City Council agenda and that representatives of the Chamber of Commerce and Senator Kinder's office be present if possible to answer questions. He also requested information be provided relating to the burden that would be placed on local businesses if the city chooses to opt out or participate in the sales tax holiday. 3. He announced that Inspection Services Director Rob McClary has returned home from the hospital in Texas, and he wished Mr. McClary a speedy recovery from his illness. City Manager Doug Leslie introduced Kevin Priester, Water Systems Manager for Alliance Water Resources. Mr. Priester presented an update on the City's water system, including the history of the system, the water system needs, the operations, and the status of the new renovation and construction. The ribbon cutting for the Water Plant renovations will be May 19. Mayor Knudtson congratulated Dick Tuttle of Alliance Water on his recent promotion, and welcomed the new District Manager Ron Molly. This being the date set for a public hearing regarding the request of Gerard Dimberger for a special use permit to operate a landscaping business from his home located at 1053 N. Clark Street, in an R-1, single family residential district, and to use an existing storage shed at the same location for storage of landscaping and mowing equipment, 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. Proceedings of the City Council, City of Cape Regular Session April 5, 2004 700111195 Mr. Gerard Dimberger appeared in support of the and to answer any questions. Girardeau, Mo. 358 on oenair or nis son, Mr. William DeBrock, 1047 N. Clark, appeared and stated his property adjoins the property in question, and he opposed the establishment of a lawn care business and the storage of lawn care equipment at this location. He also stated that a gravel road was to be constructed, and that it would create a great deal of dust. There being no further appearances, the hearing was closed. BILL NO. 04-68 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GERARD DIRNBERGER FOR THE PURPOSE OF MAINTAINING AND OPERATING A LANDSCAPING BUSINESS LOCATED AT 1053 N. CLARK STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU Ms. Ritter made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 04- 68. Mr. Purcell stated he met with residents in the area, and he presented a petition and other documentation from residents in opposition to the request. Mayor Knudtson indicated that one of the conditions of the permit includes that all landscaping equipment must be kept inside the storage shed. Upon questioning by the Council, City Attorney Eric Cunningham explained that the petition presented was not properly acknowledged, and this is required for a super majority vote of the Council. After further discussion, the motion failed upon the following vote: ayes, none. Nays, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Mr. Hopkins made a motion, seconded by Ms. Boardman, to adopt the Findings and Conclusions for this special use permit request. The motion was approved upon 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 CLILA, L.P., for a special use permit to install an additional advertising sign at 612 South Sprigg located in a C-1 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. Mr. Scott Blank appeared in support of the request and to answer any questions. He stated the additional sign will be internally lit and will only be lit from 6:00 a.m. to 10:00 p.m. daily. There being no further appearances, the hearing was closed. BILL NO. 04-69 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CLILA, L.P., FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING AN ADDITIONAL ADVERTISING SIGN AT 612 SOUTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-69 was approved upon Mr. Hopkin's motion, Mr. Purcell'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 Session April S_ 7004 359 T00111195 This being the date set for a public hearing regarding the request of California Homes, Inc. and Terry R. Begley, Trustee of the Irvin J. Richmond Revocable Trust, to rezone 3120 Bloomfield from R-1, single family dwelling district, to R-4, multi -family dwelling district, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 04-70 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 3120 BLOOMFIELD ROAD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R- 1 TO R-4 The first reading of BILL NO. 04-70 was approved upon Mr. White's motion, Ms. Boardman'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 Southeast Missouri Stone Co. for a special use permit to install a PAC -VAN office trailer in place of an existing tornado - damaged scale house at their business located at 1224 S. Kingshighway in an M-2, heavy industrial 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. Mr. Zack Green, Project Manager for Semo Stone, appeared in support of the request and to answer any questions. There being no further appearances, the hearing was closed. BILL NO. 04-71 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SOUTHEAST MISSOURI STONE COMPANY FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING AN OFFICE TRAILER LOCATED AT 1224 SOUTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-71 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Rick Essner of St. Francis Medical Center appeared and spoke in support of the record plat for St. Francis Health and Wellness Center Condominiums, Plat No. 1. BILL NO. 04-55 was given second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ST. FRANCIS HEALTH & WELLNESS CENTER CONDOMINIUMS, PLAT NO. 1 The second and third readings of BILL NO. 04-55 were approved and the ordinance adopted upon Ms. Ritter's motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-55 is ORDINANCE NO. 3299. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 5, 2004 360 T00111195 Mr. Greg Deimund appeared and spoke in support of the City accepting the improvements completed for Silverthorne Subdivision. City Manager Doug Leslie explained that the staff is recommending that only the street, storm and sanitary sewer and water improvements be accepted. The staff does not recommend accepting the two detention basins for permanent maintenance due to the difficult of the city to access the basins for maintenance purposes. City Engineer Mark Lester further explained that in February of 2003, stipulations were placed on the plans for this subdivision that the basins would be maintained by the developer, and in May of 2003, a letter was sent to the developer explaining the access problems to the basins and that they would not be accepted by the city if this was not corrected. Mr. Deimund commented that he was not aware that the city did not intend to accept the detention basins. The Mayor expressed concerns that the developer was not advised of the city staff's recommendation prior to the Council meeting. Following discussion, Ms. Boardman made a motion, seconded by Mr. Hopkins, to accept into the city's system the street, storm and sanitary sewer, and water improvements, but not the detention basins, as shown on the plans approved for Silverthorne Subdivision, Sewer District 14-1-C-3, and to authorize the release of the escrow agreement covering these improvements. The motion was approved upon the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. City staff was directed to meet with Mr. Deimund regarding the detention basin issue and report back to the Council. The following bills were given second and third readings: BILL NO. 04-52 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF MINNESOTA AVENUE BETWEEN BLOOMFIELD ROAD AND BRINK STREET BILL NO. 04-56 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 16-H, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-59 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE CLARK AVENUE RELIEF SEWER PROJECT BILL NO. 04-60 AN ORDINANCE AMENDING SCHEDULE V OF SECTION 26-31 OF THE CITY CODE BY ESTABLISHING A THIRTY MINUTE LOADING ZONE ON FREDERICK STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-61 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE BY ESTABLISHING NO PARKING ALONG PORTIONS OF FREDERICK STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-24 AN ORDINANCE APPROVING THE RECORD PLAT OF DSWD INDEPENDENCE SUBDIVISION NO. 2 The second and third readings of BILL Nos. 04-52, 04-56, 04-59, 04-60, 04-61 and 04-24 were approved and the ordinances and adopted upon Mr. White's motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-52 is ORDINANCE NO. 3300; BILL NO. 04-56 is ORDINANCE NO. 3301; BILL Proceedings of the City Council, City of Cape Girardeau, Mo. Reunlar Session April 5, 2004 361 T00111195 IINO. 04-59 is ORDINANCE NO. 3302; BILL NO. 04-60 is ORDINANCE NO. 3303; BILL NO. 04-61 is ORDINANCE NO. 3304; BILL NO. 04-24 is ORDINANCE NO. 3305. BILL NO. 04-54 was given second and third readings as follows: AN ORDINANCE APPROVING AND ADOPTING 5% FEE INCREASES FOR PARKS AND RECREATION DEPARTMENT SERVICES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NO. 04-54 were approved and the ordinance adopted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, White. Nays, Purcell. BILL NO. 04-54 is ORDINANCE NO. 3306. BILL NO. 04-64 was given first reading as follows: AN ORDINANCE REPEALING ORDINANCE NO. 3034 AND DISSOLVING LATERAL DISTRICT NO. 14-K-7, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Following comments, the first reading of BILL NO. 04-64 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-72 was given first reading as follows: AN ORDINANCE AMENDING SECTION 27-42(g) OF THE CITY CODE RELATING TO TRAVEL TRAILER CAMPS The first reading of BILL NO. 04-72 was approved upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Leslie explained that the original code relating to trailer camps and RV parks was written in 1967 and is antiquated. The existing code is prohibitive relating to restroom facilities, and most RVs and travel trailer campers today have these facilities. City staff has checked with the Department of Natural Resources, and these proposed changes will bring the city code in line with the DNR regulations. BILL NO. 04-76 was given first reading as follows: AN ORDINANCE ACCEPTING AN AMENDED DEDICATION OF NORTHWOOD HILLS SECOND SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND ACCEPTING ALL IMPROVEMENTS INTO THE CITY'S SYSTEM The first reading of BILL NO. 04-76 was approved upon Mr. White's motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-63 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE MISSOURI DEPARTMENT OF MENTAL HEALTH FOR A 2004 COMMUNITY TRIALS GRANT Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 5, 2004 362 700111195 The reading of BILL NO. 04-63 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 N. 04-63 is RESOLUTION NO. 1952. BILL NO. 04-66 was presented as follows: A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI DEPARTMENT OF SOCIAL SERVICES UNDER THE EMERGENCY SHELTER GRANT PROGRAM, FOR SAFE HOUSE FOR WOMEN, INC. AND THE SALVATION ARMY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 04-66 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. White's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, White. Nays, none. Mr. Purcell abstained for financial reasons because he houses people referred by the Salvation Army in his rental homes. BILL NO. 04-66 is RESOLUTION NO. 1953. BILL NO. 04-67 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 11 TO THE AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI AND JACOBS CIVIL, INC., FOR THE SANITARY SEWER IMPROVEMENT PROGRAM, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 04-67 was approved and the resolution adopted upon Mr. White's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-67 is RESOLUTION NO. 1954. BILL NO. 04-73 was presented as follows: A RESOLUTION ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH CAPE GIRARDEAU SCHOOL DISTRICT NO. 63 FOR NON -CONFORMING PAVEMENT MARKINGS ON SILVER SPRINGS ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 04-73 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson commended city staff for going out of their way to accommodate the school's request. BILL NO. 04-73 is RESOLUTION NO. 1955. BILL NO. 04-74 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTING AGREEMENT WITH EPIC SYSTEMS, INC., FOR ONE ADDITIONAL WASTEWATER PUMP STATION SITE IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 04-74 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. 04-74 is RESOLUTION NO. 1956. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 5, 2004 363 T00111195 BILL NO. 04-75 was presented as follows: A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI STATE HIGHWAY EMERGENCY MANAGEMENT AGENCY FOR THE HAZARD MITIGATION GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 04-75 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. White's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-75 is RESOLUTION NO. 1957. Mr. Harry Rediger and Ms. Marcia Ritter were appointed to the Tax Increment Finance Commission for terms expiring April 1, 2008, upon Mayor Knudtson's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. A 5% beer by the drink liquor license for Michael Brandt d/b/a The Landing Place, at the Cape Girardeau Regional Airport, Michael Brandt, 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. A temporary liquor license for the Humane Society of Southeast Missouri for an event to be held April 24, 2004, at the A. C. Brase Arena Building 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. The improvements to the Mississippi River Walk, Phase I were accepted, and final payment to Nip Kelley Equipment Company, Inc. was authorized upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson reminded all citizens to vote in the election on Tuesday, April 6. There being no further business, the meeting adjourned upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Knudtson, Mayor Gayle L.(Cnrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. T00111195 Session THIS PAGE INTENTIONALLY LEFT BLANK. 364