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HomeMy WebLinkAboutCouncil.Minutes.02-04-2013.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular _ _ Session February 4, 2013 II -227 REGULAR SESSION — FEBRUARY 4, 2013 CLOSED SESSION Legal actions, litigation and confidential communications with legal counsel pursuant to RSMo. Section 610.021 (1). A Motion was made by Loretta Schneider, Seconded by Ray Buhs to convene to closed sesEin. Motion passed. 5-0. Aye: Buhs, Davis, Lanzotti, Schneider, Voss. Absent: Rediger, Summers. INVOCATION City Attorney Eric Cunningham PLEDGE OF ALLEGIANCE CALL TO ORDER The Cape Girardeau City Council convened in regular session on Monday, February 4, 2013, with Mayor Pro -Tempore John Voss presiding and Council Members Ray Buhs, Meg Davis, Mark Lanzotti, and Loretta Schneider present. Mayor Harry Rediger and Council Member Trent Summers were absent. ADOPTION OF THE AGENDA A Motion was made by Loreta Schneider, Seconded by Mark Lanzotti to approve and adopt. Motion passed. 5-0. Aye: Buhs, Davis, Lanzotti, Schneider, Voss. Absent: Rediger, Summers. PRESENTATIONS Mr. Voss presented a Proclamation to Cape County Farm Bureau President Dale Steffens and Vice President Shirley Aufdenberg, declaring the week of February 10-16, 2013, as "Thank a Farmer Week". Mr. Steffens thanked the City Council and the citizens of Cape Girardeau for supporting and recognizing America's farmers. Mrs. Aufdenberg said that she and her husband are farmers, and she expressed appreciation for the Proclamation. COMMUNICATIONS/REPORTS Mrs. Schneider thanked Public Works Director Tim Gramling and the Public Works staff for cleaning up a large tree that uprooted in the right-of-way next to her yard and fell across the road. She said they went above and beyond the call of duty. Mr. Gramling replied that several trees have been cleaned up throughout the City that were downed as a result of the wind storm the other night. Mrs. Schneider said that the Keep Cape Beautiful Committee discussed several items that were mentioned in the City survey about cleaning up eyesores. She said that the City cannot do anything about many of those eyesores because the nuisance ordinance isn't strong cough to allow nuisance abatement officers to do anything. Mrs. Schneider said that she would like for City staff to see what other Cities are doing and see what is being done. She said that the property at 2505 Meadow Lane is a mess, and it is devaluing neighbors' property. An addition is being built on the house, and she asked if the owners have the proper licenses and building permits. City Manager Scott Meyer responded that the resident has been contacted about the issues the City can regulate under the nuisance ordinance, and that City staff is following up on the building permit issue. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 4, 2013 .. 1 I1-778 Mrs. Schneider said that the Keep Cape Beautiful Committee also discussed that it is tax time, and people are trying to get rid of confidential documents. She would like the City to periodically have a shredding truck at the Public Works facility or somewhere in the City for residents to use. Mr. Gramling answered that in the past the Public Works Department tried to take advantage of the household hazardous waste disposal program and have a shredding truck available at the same time to utilize the same process. The City has applied for the grant to fund it every year, but they have not been awarded the grant to do this again. Mr. Meyer commented that local banks could sponsor an annual shredding program. If local businesses could sponsor a program, it would not be such an expense, and the City could host the shredding truck in the park. Mr. Buhs remarked that in Paducah, Kentucky, there are two banks that offer a shreddirg service that is open to the public. Mr. Voss stated that the next City Council meeting is scheduled for Tuesday, February 19, due to the President's Day holiday on February 18. Mr. Meyer said that he was appointed to the Missouri Municipal League E -Commerce Tax Committee with several other City Managers to research the creation of a new Missouri Municipal League policy. He said that as of today, 100 landlords have registered with the new Residential Landlord Licensing Program. In the near future City staff will provide an update on this program as requested by Mr. Lanzotti. Mr. Meyer said that the date has just passed for businesses to register to comply with the requirements of the Leads Online Ordinance. All businesses that are required to register are in compliance. He announced that on March 22, Cape Girardeau will celebrate the 100 -year anniversary of the Missouri State flag with festivities around the City. The University will host a conference on the history of the Missouri flag. Mr. Meyer said that the River Campus Board of Directors discussed the benefits of citizens participating in the hotel/motel/restauranttax and how it supports the River Campus. The City and University will start promoting the many free events available to our citizens. There will be a Civil War Day at the museum on Saturday, February 16, that is free to everyone. The museum has an event, "Tuesday at the Museum," every Tuesday withnany hands-on learning activities for kids. PUBLIC HEARINGS A public hearing to consider a request to rezone property at 170 South Kingshighway from M-1 (Light Manufacturing/Industrial District) to C-2 (Highway Commercial District). Mayor Pro - Tempore Voss opened the hearing for public comment. There being no appearances, the hearing was closed. BILL NO. 13-21, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by rezoning 170 South Kingshighway, in the City and County of Cape Girardeau, Missouri, from MI to C-2. First Reading. A Motion was male by Loretta Schneider, Seconded by Meg Davis to approve. Motion passed. 5-0. Aye: Buhs, Davis, Lanzotti, Schneider, Voss. Absent: Rediger, Summers. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 4, 2013 II -229 APPEARANCES J Mr. Dan Stitz, a member of the Board of Examiners, appeared before the Council regarding the w proposed Ordinance to eliminate the Board of Examiners. He said that Mr. Meyer came before the Board in December because they had not been able to maintain a full board with the required licenses, though they have always maintained enough members to make a quorum. Mr. Stitz reported that Mr. Meyer stated there were two reasons the issue was brought forward: 1) the cost of maintaining the Board to the City. The Board members are not paid a salary, but they do receive City privileges. In addition, there are comp time costs to have Ms. Dianna Barnes take meeting notes; and 2) not having a full board or applicants on file to get appointed to the board, the members are reappointed beyond the term limits. Mr. Stitz said that he didn't see a problem with reappointing members beyond the term limits. He said that he doesn't understand why there are term limits for the Board members. Even with a full eight -member board, the Board of Examiners would still be in the same situation and would still reappoint the same eight people repeatedly, unless they receive a large number of applications. Mr. Stitz said that the proposed Ordinance appoints Mr. Meyer as the person in charge of reviewing the applications for licensing. He reviewed Section 15-426 of the Code of Ordinance, which explains the City Manager duties, said that there are items in the proposed Ordinance that conflict with the current Ordinance outlining the City Manager's duties. He pointed out that a future City Manager may not be qualified to review thctrades licensing applicants. Mr. Voss stated that the language in the proposed Ordinance is the standard language that is used in many Ordinances. It is the way the City empowers the City Manager or his designee to carry out the directions of the Ordinance. It is the responsibility of the City Manager to fulfill the obligation of the Ordinance. Mr. Voss said that all Advisory Boards have term limits to provide opportunities for other citizens to serve on City advisoryboards. Mr. Cunningham said that the provisions that set term limits for all City Advisory Boards are in Chapter 2 of the City Code of Ordinances. Mr. Meyer said that the costs of maintaining the Board of Examiners is not the main reason for addressing the issue. The reason for the proposed Ordinance is mostly due to the City Charter and the perception that the Board has not been able to fill the eight member spots for many years. Mr. Meyer said that the City is not currentlyfulfilling the intent of the City Charter. Mr. George Reutzel, an electrician and a member and past chairman of the Board of Examiners, addressed the Council. He expressed concerns with the staff reviewing applications for trades licenses. While it might expedite the review, the applicant still has to wait for the testing time, which is about every 5 weeks. Mr. Reutzel said that he interpreted the proposed Ordinance to state that the City Manager will proctor the examination. He now understands that the City Manager will not be doing that, but the Ordinance is not written well. Mr. Reutzel said that the Board of Examiners has never failed to have a quorum, and he feels that it is not proper to disband the Board of Examiners at this time. Mr. Reutzel asked the Council to give the Board 30 to 60 days to recruit additional applicants, as they discussed during the study session. BILL NO. 13-28, an Ordinance amending Chapter 2 and Chapter 15 of the City Code and by Repealing the Board of Examiners, and Enacting new sections 15-426 and 15-427 regarding processing of applications. Fir3 Reading. A Motion was made by Loretta Schneider, Seconded by Meg Davis to approve. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February A, 2013_ _ —11-7,30 Ms. Davis recommended that a vote on this ordinance be deferred for 30 days to allow additional people to apply for the Board of Examiners. A Motion was made by Meg Dads, Seconded by Loretta Schneider to defer. Motion passed. 5-0. Aye: Buhs, Davis, Lanzotti, Schneider, Voss. Absent: Rediger, Summers. Mr. Lanzotti encouraged the members to find applicants for the Board of Examiners. He said that if applicants could not be found, the Council will consider bringing the function inhouse. Ms. Patty House, of 1606 Luce, and Mr. Bill Eddleman, of 1831 Ricardo, appeared before the Council as volunteers for the Fort D historical site. They said that the project to replace the roof over Fort D was not approved by the Council in the initial project list to be funded by casino revenue. They requested that the Fort D roof replacement project be placed on the project list. Fort D has become a destination site for the City of Cape Girardeau, and numerous activities are held there throughout the year. A new roof would allow volunteers to hostnore events at Fort D. Mr. Lanzotti said that he feels the Council should move forward appropriating monies for capital expenditures from the casino fund. He said that the Council has aspired to pay for those projects on a "pay as you go" system. In 30 to 60 days the Council will review the casino cash flow to make sure the project budgeting is on track, and then will approach the remaining half of the projects that were on the initial funding list. BILL NO. 13-20, an Ordinance appropriating monies for capital expenditures from the Casino Revenue Fund for the fiscal year ending June 30, 2013, in the City of Cape Girardeau, Missouri. Second and Third Readings. Mr. Lanzotti said that he will support this Ordinance as it is now written. The Ordinance directs staff to move forward with funding for the items on the list. Mr. Lanzotti urged City staff to get better data to ensure that funds are available for the remaining items on the project list. The Council will review the list again in 30-60 days. Mr. Lanzotti said that City staff should be cautious with fiscal year 2014 revenue and the projects funded from this-evenue. Mr. Voss said this Ordinance gives final approval to $906,000 worth of projects. There will still be additional casino funds available for this fiscal year, and the Council will review the next two months' revenue before considering the additional list of projects. Mr. Lanzotti said that Mr. Summers listened to the Council study session this evening by telephone and made it known that he is in support of approving this Ordinance. Mrs. Schneider said that she will reluctantly approve this first project list. She said that Council should document the entire process of choosing how the casino revenue is spent so citizens will know how the Council arrived at these ideas. The projects funded with casino revenue should benefit the entire City and not just be a list ofrandom requests. Ms. Davis said that she agreed with proceeding with payas-you-go projects, to be responsible with the funding. BILL NO. 13-20 will be ORDINANCE NO. 4431. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Fehrnary 4, 2013 11-231 A Motion was made by Mark Lanzotti, Seconded by Meg Davis to approve and adopt. Motion passed. 5-0. Aye: Buhs, Davis, Lanzotti, Schneider, Voss. Absent: Rediger, Summers. 0 W CONSENT AGENDA Approval of the January 17, 2013, City Council special session meeting minutes and the January 22, 2013, regular and closed sessions meeting minutes. BILL NO. 13-14, an Ordinance approving the record plat of Russell Subdivision, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 13-15, an Ordinance approving the record plat of Walden Park Phase 3, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 13-16, an Ordinance authorizing the City Manager to execute a Federal Aid Supplemental Agreement with the Missouri Highways and Transportation Commission for the extension of the Riverwalk Trail, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 13-17, an Ordinance amending Schedule J of Section 26-135 of the City Code, by repealing the establishment of a one-way street along a portion of Spanish Street, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 13-18, an Ordinance amending Schedule F of Section 26-247 of the City Code, by repealing no parking anytime along a portion of Spanish Street, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 13-19, an Ordinance appropriating funds for operating expenditures, capital expenditures, and transfers for the fiscal year ending June 30, 2013, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 13-24, a Resolution authorizing the City Manager to execute a Letter of Agreement with Southeast Missouri State University to prepare an Historic Resource Survey, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 13-25, a Resolution authorizing the City Manager to execute a General Services Agreement with FGM Architects, Inc. for a facility assessment of the Police Station Headquarters, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 13-26, a Resolution authorizing the City Manager to execute an Agreement with Zoellner Construction Co., Inc., for the Air Traffic Control Tower Renovation Phase I, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 13-27, a Resolution authorizing the City Manager to execute an Agreement with Markey and Associates for the expansion of Cape Splash Expansion Consulting and Design Services. Reading and Passage. Accept improvements to the Cape Girardeau Floodwall — Themis Closure Structure Repair and authorize final payment to Nip Kelley Equipment Co.,Inc. Accept improvements under the 2012 Sidewalk Gap Program and authorize final payment to Lappe Cement Finishing, Inc. Proceedings of the City Council, City of Cape Girardeau, Mo. Reuular Session February 4, 2013 . —1I=232 Mr. Lanzotti said that the Cape Splash expansion consulting and design services are just to evaluate future needs so the City can better understand where to expand the Waterpark in the future. BILL NO. 13-14 will be ORDINANCE NO. 4432, BILL NO. 13-15 will be ORDINANCE NO. 4433, BILL NO. 13-16 will be ORDINANCE NO. 4434, BILL NO. 13-17 will be ORDINANCE NO. 4435, BILL NO. 13-18 will be ORDINANCE NO. 4436, BILL NO. 13-19 will be ORDINANCE NO. 4437, BILL NO. 13-24 will be RESOLUTION NO. 2739, BILL NO. 13-25 will be RESOLUTION NO. 2740, BILL NO. 13-26 will be RESOLUTION NO. 2741, and BILL NO. 13-27 will be RESOLUTION NO. 2742. A Motion was made by Ray Buhs, Seconded by Loretta Schneider to approve and adopt. Motion passed. 5-0. Aye: Buhs, Davis, Lanzotti, Schneider, Voss. Absent: Rediger, Summers. NEW ORDINANCES BILL NO. 13-22, an Ordinance approving the record plat of Woodland Place Subdivision Number 10. First Reading. A Motion was made by Loretta Schneider, Seconded by Meg Davis to approve. Motion passed. 5-0. Aye: Buhs, Davis, Lanzotti, Schneider, Voss. Absent: Rediger, Summers. BILL NO. 13-23, an Ordinance amending Chapter 30 of the City Code, relating to the Town Crier Position. First Reading. Mr. Meyer said that currently the Town Crier is actually a member of the Historic Preservation Commission. City staff reached out to the Commission in search of a new Town Crier after the previous one stopped attending meetings. The Commission feels that it is not a good practice for this position to be a member of the Commission, and the Town Crier should serve as an honorary member. A Motion was made by Loretta Schneider, Seconded by MarlLanzotti to approve. Motion passed. 5-0. Aye: Buhs, Davis, Lanzotti, Schneider, Voss. Absent: Rediger, Summers. OTHER BUSINESS Mr. Voss invited Reverend Cecil Thomas to lead the Council in a benediction before the Council adjourns. Rev. Thomas led a prayer over the Council. MEETING ADJOURNMENT A Motion was made by Mark Lanzotti, Seconded by Loretta Schneider to adjourn. Motion passed. 5-0. Aye: Buhs, Davis, Lanzotti, Schneider, Voss. Absent: Rediger, Summers. arry E. ddigger, Mayor I NO MWIF• .•