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HomeMy WebLinkAboutCouncil.Minutes.07-01-2013.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 1, 2013 II -309 REGULAR SESSION — JULY 1, 2013 CLOSED SESSION Prior to the regular session, a motion was made to convene to closed session for purposes of discussing legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021(1), (2) and (3). A Motion was made by Loretta Schneider, Seconded by John Voss to convene to closed session. Motion passed. 6-0. Aye: Bowen, Lanzotti, Rediger, Schneider, Summers, Voss. Absent: Davis. INVOCATION Pastor Dan Johnson, Evangelical United Church of Christ PLEDGE OF ALLEGIANCE CALL TO ORDER The Cape Girardeau City Council convened in regular session on Monday, July 1, 2013, at 7:00 p.m. with Mayor Rediger presiding and Council Members Wayne Bowen, Mark Lanzotti, Loretta Schneider, Trent Summers, and John Voss present. Council Member Meg Davis was absent. ADOPTION OF THE AGENDA A Motion was made by John Voss, Seconded by Wayne Bowen to approve and adopt. Motion passed. 6-0. Aye: Bowen, Lanzotti, Rediger, Schneider, Summers, Voss. Absent: Davis. PRESENTATIONS Mayor Rediger presented a proclamation to Parks and Recreation Director Julia Thompson and her staff declaring the month of July as Parks and Recreation Month. COMMUNICATIONS/REPORTS Mayor Rediger stated that the City hosted two events over the last week. The Great Race overnight stop was an outstanding, destination event for the City, organized by Mr. Danny Essner and the Great Race Committee. There have also been rave reviews for the 2013 Cape Girardeau Regional Air Festival this past weekend, and he congratulated Airport Manager Bruce Loy, his staff, and the Airport Advisory Board for their success. City Manager Scott Meyer said that the City participated in the Hiring Our Heroes job fair last month, and the City has hired its first employee from the event to work for the Public Works Department at the sewer treatment plant. Mr. Meyer announced that Academy Sports opened this past weekend and will be a great asset to the community. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session jury 1,7013 - 310 PUBLIC HEARINGS A public hearing to consider a request for a Special Use Permit to construct and operate a telecommunication tower at 418 William Street. The Council Report in the Agenda Packet presented for the record a copy of the following items: (1) the application for Special Use Permit; and (2) the application tile, and applicable City Code references. A certified copy of Section 30- 401, Section 30-404 is on file with the City Clerk. Mayor Rediger opened the hearing for public comment. Ms. Marsha Haskell, Regional Director for AT&T, appeared in support of the request. In order to meet the needs of its customers, she said that it is critical to make the investment in wireless infrastructure due to innovations and changes to the services of the wireless industry. AT&T has spent $35 million to upgrade the wireless network and to upgrade the 4G LTE wireless network in Cape Girardeau and Jackson. She said that a tower is needed at this location to provide service to the surrounding areas. Ms. Haskell also said that AT&T will be proposing a program called "Cells on Wheels" to provide temporary relief for some locations that are having connectivity issues, and those applications will be coming before the Council for consideration. Dr. Frank Nickell, appearing on behalf of residents in the William Street area, addressed the Council and spoke in opposition. He stated he had several pages of signatures on a petition in opposition to the request due to the proposed proximity to residential and historical neighborhoods, schools and churches and the aesthetics of the tower. Following questions by the Council, Dr. Nickell requested that the Council not approve this request without receiving further input from area residents. Mr. Jeff Bowman, a contractor for AT&T, distributed information to the Council showing tower camouflage, such as a flag pole design, and cellular coverage needs. He began talking with the City approximately a year ago about installing a cell tower at the rear of the City Hall lot. The tower needs to be located in this general area to cover downtown. Mr. Bowman discussed further location needs and answered the Council's questions. Mr. Mike Woelk, of 316 Merriwether, appeared and said that he was not able to sign the petition because he was not home today, but he would have signed it. He spoke in opposition to the tower and what it will do to the aesthetics of downtown. He requested that neighbors be allowed to look at information that was provided to the Council. Mr. Sam Blackwell, of 143 S. Lorimier, addressed the Council and said that he spoke at the Planning and Zoning Commission Public Hearing and helped circulate the petition. A tower ordinance in Springfield, Missouri, protects its central district from cell phone tower proliferation, and this is the district that the Council should be protecting. Mr. John Heuer, of 1422 Parkmore Drive, appeared and said that there is a cell tower at Lexington and Cape Rock and at Good Shepherd Lutheran Church and the neighborhood was not opposed. With a tower location, the land will be better maintained and look better when driving downtown. This area is set for growth. Ms. Dana Cotner, of 143 S. Lorimier, asked how high the tower at Good Shepherd Lutheran Church was, because she did look at it. Mr. Bowman answered that the tower at Good Shepherd Lutheran Church was 160'. There being no further appearances, the hearing was closed. 0 J 0 w Proceedings of the City Council, City of Cape Girardeau, Mo. Reunlar Session Ju1T1, 7,013 11-311 BILL NO. 13-89, an Ordinance granting a Special Use Permit to AT&T Mobility and 418 William, LLC, for purposes of constructing and operating a telecommunication tower at 418 William Street, in the City and County of Cape Girardeau, Missouri. First Reading. A Motion was made by Trent Summers, Seconded by Mark Lanzotti, to approve. A Motion was made by Mark Lanzotti, seconded by John Voss, to Amend the Special Use Permit to include a special condition requiring the installation of infrastructure for the placement of two flags on the cell tower pole. The Council discussed delaying action on this Ordinance to allow AT&T to meet with the residents to discuss and address their concerns. Mr. Bowen suggested this also be reviewed by the Historic Preservation Commission. A Motion was made by John Voss, Seconded by Wayne Bowen, to postpone first reading. Motion passed. 4-2. Aye: Bowen, Lanzotti, Schneider, Voss. Nay: Rediger, Summers. Absent: Davis. CONSENT AGENDA Approval of the June 17, 2013, City Council regular session meeting minutes. BILL NO. 13-86, an Ordinance approving the record plat of Joan Gohn Subdivision. Second and Third Readings. BILL NO. 13-87, an Ordinance approving the record plat of Cape West 14`h Subdivision. Second and Third Readings. BILL NO. 13-90, a Resolution authorizing the City Manager to execute an agreement with Nip Kelley Equipment Company, Inc. for the Replacement of the Clearwell at Water Treatment Plant No. 2, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 13-91, a Resolution authorizing the City Manager to execute an agreement with Tom Beussink Excavating, Inc. for the extension of the LaSalle Water Main, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 13-86 will be ORDINANCE NO. 4472; BILL NO. 13-87 will be ORDINANCE NO. 4473; BILL NO. 13-90 will be RESOLUTION NO. 2767; and BILL NO. 13-91 will be RESOLUTION NO. 2768. A Motion was made by Loretta Schneider, Seconded by Wayne Bowen to approve and adopt. Motion passed. 6-0. Aye: Bowen, Lanzotti, Rediger, Schneider, Summers, Voss. Absent: Davis. NEW ORDINANCES BILL NO. 13-92, 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. First Reading. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session jutly 1, 7013 _ . —11-31�2 Upon questioning by Mr. Summers, Finance Director John Richbourg explained that this Ordinance legally required to appropriate the funds spent during the year. The Council has already taken some action on most of the items in this Ordinance. In addition, he responded that there were more revenues in the General Fund than projected, which will provide for a net positive situation for the fiscal year. With the mid -year budget appropriations approved by Council, the general fund should roughly break even for the year, though the fund balance was originally budgeted to go down for the year. At the end of this fiscal year, there is a $3 million reserve fund balance above the emergency fund. Mr. Summers said that the City is carrying over a $3 million reserve fund into next year's budget. The Council had a lengthy discussion at the last meeting about increasing fees for the enterprise funds. He said that he failed to see how this $3 million general revenue overage is not factored into that discussion when the Council is asking the public for an additional fee increase. Mr. Meyer said that the reserve fund balance is a policy that has been discussed with the Council in the past. City staff did extensive research on the fund balance and how much the City should have. The Council's conclusion was that an amount of $2.5 to $3 million average fund is where the Council wanted to be. The fund balance is important because if the City were to have an emergency where it cannot collect sales taxes, it would have the funds available to continue operating. City staff has done research on this matter, the Council was very comfortable with the $2.5 to $3 million fund balance, and it has taken several years to build the fund. A Motion was made by John Voss, Seconded by Loretta Schneider to approve. Motion passed. 6-0. Aye: Bowen, Lanzotti, Rediger, Schneider, Summes, Voss. Absent: Davis. MEETING ADJOURNMENT A Motion was made by Mark Lanzotti, Seconded by John Voss to adjourn. Motion passed. 6-0. Aye: Bowen, Lanzotti, Rediger, Schneider, Summers, Voss. Absent: Davis. Harry E. Rediger, ]Mayor Gayle . onrad, City Clerk