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HomeMy WebLinkAboutCouncil.Minutes.06-04-2012.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular _ Session June 4, 2012 II -81 REGULAR SESSION — JUNE 4, 2012 The Cape Girardeau City Council convened in regular session on Monday, June 4, 2012, at 7:00 p.m., with Mayor Harry Rediger presiding and Council Members Meg Proffer, Loretta Schneider, Trent Summers, Kathy Swan, and John Voss present. Council Member Mark Lanzottiwas present for the study and closed sessions but absent from the regular session Prior to the regular session, the City Council convened in closed session for purposes of confidential communications with legal counsel, litigation, property acquisition, and personnel, pursuant to RSMo. Sections 610.021(1), (2), and (3), upon Mr. Voss' motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. Reverend Leonard J. Cook, of the St. John the Theologian Orthodox Church, presented the invocation, and the Pledge of Allegiance wasrecited. Mr. Voss made a motion, seconded by Ms. Proffer, to excuse Mr. Lanzotti's absence from the City Council regular session. Mr. Voss stated that Mr. Lanzotti has attended the last three study sessions, but has had prior commitments that prevented him from attending the regular meeting. The motion was approved upon the following vote: Ayes, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. Mr. Voss made a motion, seconded by Mrs. Schneider, to remove the Resolution authorizing the City Manager to enter into a housing agreement with the Humane Society from the Consent Agenda, and adopt the Agenda as amended. The motion was approved and the Agenda adopted as amended upon the following vote: Ayes, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. COMMUNICATIONS/REPORTS Mayor Rediger said that the City was featured in The Missouri Municipal Review in an article about the Cape Girardeau Public Works' 360 degree approach. The article was written by Public Information Specialist Jessica Sexton featuring Public Works Director Tim Gramling and the Public Works team. The Mayor said that he attended the Missouri Board of Humanities Dinner last Friday, which was hosted in Cape Girardeau for the first time ever. PUBLIC HEARINGS This being the date set for a public hearing to consider the proposed annual operating budget for the fiscal year beginning July 1, 2012, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 12-55 was given first reading as follows: AN ORDINANCE ADOPTING THE ANNUAL OPERATING BUDGET FOR THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR THE FISCAL YEAR BEGINNING JULY 1, 2012 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SessionJune 4. 7012 —11-8 The first reading of BILL NO. 12-55 was approved upon Mrs. Schneider's motion, Mr. Voss' second, and the following vote: Ayes, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. This being the date set for a public hearing to consider a request to rezone the property at 3020 Boutin Drive from RMH (Residential Manufactured Home District) to C-2 (Highway Commercial District), and for a Special Use Permit to construct, maintain and operate an RV/travel trailer park, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 12-57 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 3020 BOUTIN DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM RMH TO C-2 The first reading of BILL NO. 12-57 was approved upon Mrs. Swan's motion, Ms. Proffer's second, and the following vote: Ayes, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. BILL NO. 12-58 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MARK RADEMAKER/THE LANDING POINT RV PARK, LLC FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING AN RV/TRAVEL TRAILER PARK IN A C-2 ZONING DISTRICT, AT 3020 BOUTIN DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 12-58 was approved upon Mrs. Swan's motion, Mrs. Schneider's second, and the following vote: Ayes, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. APPEARANCES Mr. Kevin Cantwell, representing Big River Telephone and Mr. Chris Foeste, addressed the Council and thanked them for their support of Big River Telephone and their broadband network project. Big River Telephone has built 23 towers in Cape Girardeau County, and they are still constructing more. The goal was to complete the first tower on June 1, but hopefully, they will be done by the end of June for commercial offering. Mr. Cantwell said that he wanted to personally thank the Council for their support, and he presented plaques to each of the Council members and to City Manager Scott Meyer. He said cell towers have been named after each Council member in honor of their support for this program. CONSENT AGENDA A motion was made by Mrs. Schneider, seconded by Mr. Summers, to approve the following items on the Consent Agenda: City Council May 21, 2012, regular and closed sessions minutes Proceedings of the City Council, City of Cape Girardeau, Mo. __ Regular. _ _ Session June 4, 2012 - II -83 BILL NO. 12-46, AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $31,000,000 PRINCIPAL AMOUNT OF SEWERAGE SYSTEM REVENUE BONDS (STATE OF MISSOURI - DIRECT LOAN PROGRAM) SERIES 2012 OF THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR THE PURPOSE OF EXTENDING AND IMPROVING THE CITY'S SEWERAGE SYSTEM; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND THE AGREEMENTS MADE BY THE CITY TO FACILITATE AND PROTECT THEIR PAYMENT, AND PRESCRIBING OTHER RELATED MATTERS. Second and third readings. BILL NO. 12-48, AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF UNIMPROVED STREET RIGHTS-OF-WAY, WITHIN THE VILLAGE OF GIRARDEAU PLAT LOCATED GENERALLY EAST OF SPRIGG STREET, SOUTH OF GIBONEY LANE, AND NORTH OF LACRUZ STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. 12-49, AN ORDINANCE APPROVING THE RECORD PLAT OF VILLAS AT CAPE ROCK 4 SUBDIVISION. Second and third readings. BILL NO. 12-51, AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING STOP SIGNS ON KELL FARM DRIVE AT RICHMOND DRIVE, AND BY ESTABLISHING STOP SIGNS ON RICHMOND DRIVE AT KELL FARM DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. 12-53, A RESOLUTION AUTHORIZING APPLICATIONS TO THE EDWARD BYRNE MEMORIAL JUSTICE GRANT (JAG) PROGRAM FY 2012 LOCAL SOLICITATION, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT PROGRAM DOCUMENTS. Reading and passage. BILL NO. 12-61, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH THE FIRST PRESBYTERIAN CHURCH OF CAPE GIRARDEAU, MISSOURI, INC., FOR THE INSTALLATION OF TERMITE STATIONS IN THE RIGHT-OF-WAY OF BROADWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and passage. Accept improvements completed under the Big Bend Road Widening and Improvement Project and authorize final payment to Nip Kelley Equipment Company, Inc. The motion was approved upon the following vote: Ayes, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. BILL NO. 12-46 is ORDINANCE NO. 4318; BILL NO. 12-48 is ORDINANCE NO. 4319; BILL NO. 12-49 is ORDINANCE NO. 4320; BILL NO. 12-51 is ORDINANCE NO. 4321; BILL NO. 12-53 is RESOLUTION NO. 2690; and BILL NO. 12-61 is RESOLUTION NO. 2691. Mrs. Swan abstained from voting on BILL NO. 12-53 for financial reasons, due to potential conflict fron a business interest. ITEMS REMOVED FROM CONSENT AGENDA BILL NO. 12-54 was presented as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 4. 2012 11_84 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A HOUSING AGREEMENT WITH THE HUMANE SOCIETY OF SOUTHEAST MISSOURI, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mrs. Swan, to approve the reading of BILL NO. 12- 54 and to adopt the Resolution. Mr. Summers said that he has concerns with the way the Humane Society of the United States (HSUS) promotes its fundraising nationally. They misrepresent themselves and their constituents. Mr. Summers said that doesn't know if anything can be done about it, but he would like to express the City's desire for the local chapter to convey to the HSUS that they should put some of the money they raise toward the care of animals instead of promoting their personal causes and fundraising. The local chapter does a good job, but they are being shorted by the national organization. Mr. Meyer said that he would convey the message to the local Humane Society chapter. The reading of BILL NO. 12-54 was approved, and the Resolution adopted upon the following vote: Ayes, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. BILL NO. 12-54 is RESOLUTION NO. 2692. NEW ORDINANCES BILL NO. 12-56 was given first reading as follows: AN ORDINANCE ESTABLISHING UTILITY RATES FOR THE CITY OF CAPE GIRARDEAU, MISSOURI, BY AMENDING CHAPTER 22 RELATING TO SOLID WASTE FEES; EFFECTIVE FOR BILLS ISSUED AFTER JULY 1, 2012 The first reading of BILL NO. 12-56 was approved upon Mrs. Swan's motion, Mrs. Schneider's second, and the following vote: Ayes, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. BILL NO. 12-59 was given first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT ACCESS EASEMENT EXECUTED BY TRIPLE L HOLDINGS, LLC, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 12-59 was approved upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote: Ayes, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. Mr. Voss expressed the Council's appreciation for the property owner partnering with the City on the Broadway Corridor improvements. BILL NO. 12-60 was given first reading as follows: AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF RIGHT-OF- WAY FROM BROADWAY SOUTH, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 12-60 was approved upon Mr. Voss' motion, Mr. Summer's second, and the following vote: Ayes, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. APPOINTMENTS Mrs. Melanie Cantrell and Mr. Paul Grebe were reappointed to the Board of Appeals for terms expiring June 4, 2017, upon Mrs. Schneider's motion, Mr. Voss' second, and the following vote: 0 w Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 4, 2012 11-85 Ayes, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. There being no further business, the City Council adjourned upon Mr. Voss' motion, Ms. Proffer's second, and the following vote: Ayes, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. , wry E. Rkdiger,Xayor Gayle. onrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session THIS PAGE INTENTIONALLY LEFT BLANK.