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HomeMy WebLinkAboutCouncil.Minutes.11-05-2012.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 5, 2012 11--18.5 REGULAR SESSION - NOVEMBER 5, 2012 INVOCATION n 0 W Pastor Mark Martin, St. Andrew Lutheran Church PLEDGE OF ALLEGIANCE Boy Scouts of AmericaTroop 15 CALL TO ORDER The Cape Girardeau City Council convened in regular session on Monday, November 5, 2012, with Mayor Harry Rediger presiding and Council Members Mark Lanzotti, Meg Proffer, Loretta Schneider, Trent Summers, Kahy Swan, and John Voss present. ADOPTION OF THE AGENDA A motion to remove the Ordinance amending Chapter 26 of the City Code of Ordinances regarding motorized bicycles, protective headgear and manner of operation, from the Consent Agenda, and to adopt the agenda as amended. A Motion was made by John Voss, Seconded by Trent Summers to approve. Motion passed. 7-0. Aye: Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, Voss. COMMUNICATIONS/REPORTS Mr. Voss welcomed the members of Cub Scout Pack 15, sponsored by the First Presbyterian Church, to the Council meeting who were attending the City Council session to earn the Citizenship badge. Mayor Rediger said that he and Councilmember Lanzotti attended two ribbon cuttings Friday, October 19, 2012, at the new Franklin Elementary and the new addition at Central Middle School, and also the ribbon cutting and dedication of the Louis Lorimier Library at Central Junior High School on Thursday, November 1, 2012. He said that many campus improvements have been made to area schools using the $40 million bond issue fundng approved by voters in 2010. Mayor Rediger and other Council members attended the ribbon cutting ceremony marking the opening of the Isle of Capri Casino on Tuesday, October 30, 2012. The next day, Council members attended the ribbon cutting ceremony officially opening Broadway and marking the completion of the $4.4 million Broadway carridor project. Mayor Rediger encouraged everyone to exercise their righto vote on Tuesday, November 6. Mrs. Schneider invited everyone to attend Spaghetti Day 2012 at the A.C. Brase Arena on Wednesday, November 14, to benefit the Cape Girardeau Parks and Recreation Foundation and the Capaha Field Improvement Committee. City Manager Scott Meyer said that the Council approved the first reading of BILL NO. 12-156, an Ordinance restricting persons under 21 years of age after 10:00 p.m. from establishments with over 35% of gross receipts from alcohol sales, at the last Council meeting on October 15. The Council and City staff noticed difficulties that might arise upon implementing the Ordinance and expressed concerns about employees and contractors under the age of 21 years. City staff will continue to work to find the right balance with the items discussed. The Council has asked about enforcement of current Ordinances and increased penalties for violations. Mr. Meyer said that the Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 5, 2012 --111-1<86 Council also discussed the laws governing liquor sales at the Casino. There are items that City staff is working on with business and liquor licenses, and they are working with several groups to get input through the Chamber of Commerce. Mr. Meyer said that the new, automated leaf collection truck can cycle through the entire City in one month, depending on the weather. Because of this, the truck will go through the City several times before the end of the year. Leaf collection began today. Mrs. Schneider asked if the City will be able to notify residents when the truck will be in their area. Mr. Meyer answered that staff is working to post the predicted route on the City website. Mr. Tim Gramling, Public Works Director, said that there is a map on the Public Works website that shows where the truck is, and the zones are numbered so residents can determine where the leaf collection truck will pickup next. PUBLIC HEARINGS This being the date set for a public hearing regarding a request to rezone property on La Salle Avenue and Baldwin Drive from R-1 (Single -Family Suburban Residential District) to C-2 (Highway Commercial District) and R-3 (High Density Single -Family Residential District), the hearing was opened by Mayor Rediger. There being no appenances, the hearing was closed. APPEARANCES Ms. Marcella addressed the Council regarding BILL NO. 12-156, the proposed Ordinance restricting underage persons from establishments deriving more than 35% of their income from alcohol sales after 10:00 p.m. She asked what businesses would be effected by the Ordiance. Mr. Meyer answered that the businesses must report their eligibility to the City. Businesses such as Buffalo Wild Wings and Beef O'Brady's will not be effected because of alcohol sales lower than the threshold amount. Ms. Marcella said that she works at Port Cape, and she is concerned that this Ordinance will effect her employment there. Mr. Lanzotti said that an exemption has been proposed that would exempt employees or contactors working at the business. Ms. Marcella said that she reviewed the Ordinance in detail, and she questioned the purpose of the Ordinance when there were only 40 violations in the City last year, and there are 11,000 Southeast Missouri State University students in Cape Girardeau. She said that there doesn't seem to be a significant problem, and she questioned what this proposed Ordinance would resolve. Mayor Rediger said that the Ordinance will be discussed at the next study session, on November 19. Mr. Meyer encouraged everyone interested to write the City or their Council member with their concerns and input. Mr. John Layton, legal counsel representing The Industrial Development Authority of Cape Girardeau County, appeared in support of the Resolution approving the issuance of bonds for the Community Counseling Center. He asked the Council to approve the issuance of bonds for the construction of a new facility at 402 South Silver Springs Road. The new building will be approximately 7,200 square feet connecting to the existing facility. The City Council must approve the project since it is within City limits. Mr. Jay Crosnoe, of Crosnoe Gold and Silver, appeared before the Council regarding BILL NO. 12-146, an Ordinance amending the City Code relating to pawn broker shops and adopting a new section relating to LeadsOnline. Mr. Crosnoe said that he addressed the Council in opposition in October, but he has met with Acting Police Chief Roger Fields and City staff since that Council Proceedings of the City Council, City of Cape Girardeau, Mo. __ Regular _ Session November 5, 2012 I1-18.7 meeting, and discussed his concerns and possible options. He said that he now supports the current proposed Ordinance. The future of LeadsOnline is positive and could assist them in their business and help the City. w Mr. Mike Sprouse, of River City Coins and Jewelry, addressed the Council regarding LeadsOnline and said that he will voluntarily participate. He said that he, too, met with Acting Chief Fields and now supports the Ordinance. He thanked City staff for meeting with him and addressing his concerns. Mr. Frank Majors, of Plaza Pawn, appeared in opposition to the proposed Ordinance amending the City Code relating to pawn broker shops. He asked why the Ordinance exempts jewelry stores and coin dealers. Mayor Rediger replied that, after meeting with various businesses, City staff made that recommendation. Mr. Majors said that this is selective enforcement on pawn shops. He asked why pawn shops have not been exempted from the Ordinance, as well. The Mayor answered that the businesses included were based on the history of LeadsOnline. Acting Chief Fields said that this exemption only protects those businesses with licenses prior to today's date. Any new businesses will be required to comply with the provisions of the Ordinance. The fly-by- night businesses that come into town for one day will be required to comply. Mr. Majors asked about the kiosk vendors at the mall. He said that they purchase jewelry as well, and this is selective enforcement. He asked why jewelry stores are able to get away from this Ordinance when pawn shops are subject to it. Mr. Meyer said that the City looked at the data, and jewelry stores did not have as much stolen property when compared to pawn shops. Mrs. Swan continued that small jewelry stores are not in the business of buying jewelry. They will take in jewelry from an existing customer, and most of the time taking it on trade, not as a main part of their business. Mayor Rediger said that it has to do with the volume of transactions and the volume of violations, rather than the value of the transaction. Mr. Majors said that other states are also saying that pawn shops are being discriminated against. Mr. Voss asked if a pawn shop buys stolen property, do they lose the money. Mr. Majors answered that the stolen property is confiscated by police and the pawn shop loses the moneythey paid for the merchandise. Ms. Christine Lusman, an employee at Plaza Pawn, appeared and said that there is a difference in the opinions held regarding a jewelry store and a pawn shop. She has seen first hand that the pawn shop is very thorough in taking pictures of all items and reporting to police. Ms. Lusman said that the pawn shop does lose the item and the investment if it is stolen property. She said that jewelry stores buy gold and silver all the time. Once people find out that jewelry stores are not subject to the same Ordinance and record requirements, everyone will go to them to sell their jewelry. Ms. Lusman said that everyone should besubject to the same Ordinance. CONSENT AGENDA Approval of the October 15, 2012, City Council regular and closed sessions meeting minutes BILL NO. 12-148, an Ordinance authorizing the Mayor to execute a Quit Claim Deed to Drury Southwest, Inc. for property at 846 Fox Lane, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 12-149, an Ordinance accepting a sanitary sewer easement from Drury Southwest, Inc. for property at 846 Fox Lane, in the City of Cape Girardeau, Missouri. Second and Third Readings. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session vember 5, 2012 —4"88 BILL NO. 12-151, an Ordinance approving the record plat of Village Place Subdivision. Second and Third Readings. BILL NO. 12-152, an Ordinance amending Schedule F of Section 26-247 of the City Code, by amending no parking along a portion of Broadway, in the City of Cape Girardeau, Missouri. Second and Third Readings BILL NO. 12-153, an Ordinance amending Schedule T of Section 26-260 of the City Code, by amending handicapped parking along a portion of Broadway, in the City of Cape Girardeau, Missouri. Second and Third Readings BILL NO. 12-155, an Ordinance approving the record plat of Walden Park -Phase IA. Second and Third Readings. BILL NO. 12-157, an Ordinance amending Section 22-82 of the City Code, relating to placing handbills on or in vehicles. Second and Third Readings BILL NO. 12-160, a Resolution authorizing the City Manager to execute a contract with Anthem Blue Cross for Employee Health Insurance Services, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 12-159, a Resolution authorizing the City Manager to execute a contract with Delta Dental for Employee Dental Insurance Services, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 12-161, a Resolution approving a project for the Community Counseling Center to be financed by the Industrial Development Authority of the County of Cape Girardeau , Missouri. Reading and Passage. BILL NO. 12-164, a Resolution authorizing the City Manager to execute an agreement with Nip Kelley Equipment Company, Inc. for parking lot improvements at Broadway and Middle Street, in the City of Cape Girardeau, Missouri. Reading andPassage. BILL NO. 12-165, a Resolution authorizing the City Manager to execute a License and Indemnity Agreement with Shivelbines Music of Cape Girardeau, Missouri. Readingind Passage. BILL NO. 12-166, a Resolution authorizing the City Manager to execute an Escrow Agreement with Riverwest Partners, LLC and First Missouri State Bank of Cape County, for Walden Park Phase 3, in the City of Cape Girardeau, Missouri. Readingand Passage. BILL NO. 12-168, a Resolution authorizing applications to the 2012 Transportation Enhancement Grant Program, and authorizing the City Manager to execute all necessary grant program documents. Readingand Passage. BILL NO. 12-169, a Resolution to authorize the City Manager to execute an agreement with Kiefner Brothers Construction, Inc. for the City Hall Brick Renovation Project. Reading and Passage. BILL NO. 12-170, a Resolution authorizing applications to the 2012 Safe Routes to School Grant Program, and authorizing the City Manager to execute all necessary grant program documents. Reading and Passage. Accept the street, sanitary sewer, and waterline improvements to serve Deevers Farm 2nd Addition. 0 J 0 W Proceedings of the City Council, City of Cape Girardeau, Mo. _ Regular__ __ __ Session November 5, 2012 if_1R9 BILL NO. 12-148 is ORDINANCE NO. 4383; BILL NO. 12-149 is ORDINANCE NO. 4384; BILL NO. 12-151 is ORDINANCE NO. 4385; BILL NO. 12-152 is ORDINANCE NO. 4386; BILL NO. 12-153 is ORDINANCE NO. 4387; BILL NO. 12-155 is ORDINANCE NO. 4388; BILL NO. 12-157 is ORDINANCE NO. 4389; BILL NO. 12-160 is RESOLUTION NO. 2722; BILL NO. 12-159 is RESOLUTION NO. 2723; BILL NO. 12-161 is RESOLUTION NO. 2724; BILL NO. 12-164 is RESOLUTION NO. 2725; BILL NO. 12-165 is RESOLUTION NO. 2726; BILL NO. 12-166 is RESOLUTION NO. 2727; BILL NO. 12-168 is RESOLUTION NO. 2728; BILL NO. 12-169 is RESOLUTION NO. 2729; and BILL NO. 12-170 is RESOLUTION NO. 2730. Mrs. Swan abstained for nonfinancial reasons from voting on the Motion to accept the Deevers Farm 2nd Addition improvements because the applicant is related to her. A Motion was made by Loretta Schneider, Seconded by John Voss to approve. Motion passed. 7- 0. Aye: Lanzotti, Proffer, Rediger, Schneida, Summers, Swan, Voss. ITEMS REMOVED FROM CONSENT AGENDA BILL NO. 12-158, an Ordinance amending Section 26-393 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding required equipment while operating a scooter. Second and Third Readings. A Motion was made by Mark Lanzotti, Se©nded by Kathy Swan to approve. Mr. Summers said that he still opposed this Ordinance. Mr. Voss said that a young lady had addressed the Council at the first reading of this Ordinance, and said that limiting motorized bicycles to streets with a maximum speed limit of 30 mph would prevent her from using her scooter to travel to work. However, he said, the speed limit on Sprigg Street is 30 mph, and scooters are designed to operate at a maximum speed of 30 mph. Mr. Voss said that he would like to again lower themaximum speed limit to 30 mph. A Motion was made by John Voss, Seconded by Kathy Swan to amend the Ordinance to lower the maximum speed limit of streets that motorized bicycles can travel on, from 35 mph to 30 mph. Acting Chief Fields said that the speed limit on Sprigg Street, north of Bertling Street, is 35 mph, and residents of the apartment complex in that area could not get out of their parking lot. Mr. Voss responded that the speed limit on that stretchof Sprigg Streetcould be changed. Mr. Meyer noted that the west side of town, including the St. Francis Medical Center, West Park Mall, and Walmart, would be inaccessible by scooter at that maximum speed limit. Mr. Voss said that public transportation isavailable. Mayor Rediger said that he is in favor of keeping the maximum speed limit at 35 mph, and Mrs. Schneider agreed. Ms. Proffer said that scooters travel in the main lanes of traffic, unlike bicycles that use the side of the road. Mr. Lanzotti said that he supported the 35 mph speed limit. It covers travel on Kingshighway and most of Route K. Mrs. Swan said that she is not comfortable with the 35 mph maximum street speed limit, because scooters are designed to operate at a maximum speed of 30 mph. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 5, 2012 --H490 Amending Motion failed upon the following roll call vote: Lanzotti, nay; Proffer, aye; Rediger, nay; Schneider, nay; Sumnurs, nay; Swan, aye; Voss, aye. Motion passed. 7-0. Aye: Lanzotti, Proffer, Rediger,Schneider, Summers, Swan, Voss. NEW ORDINANCES BILL NO. 12-146, an Ordinance amending Section 15-180 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding pawnbrokers and secondhand dealers and adopting a new Section 15-183 regarding pawnshop locations. First Reading A Motion was made by Loretta Schneider, Seconded by Mark Lanzotti to approve. Motion passed. 7-0. Aye: Lanzotti, Proffer, Rediger,Schneider, Summers, Swan, Voss. BILL NO. 12-162, an Ordinance approving the record plat of Deevers Farm Second Addition. First Reading Mrs. Swan abstained for nonfinancial reasons from voting on BILL NO. 12-162 because the applicant is related to her. A Motion was made by John Voss, Seconded by Loretta Schneider to approve. Motion passed. 6- 0. Aye: Lanzotti, Proffer, Rediger, Schneide; Summers, Voss. Abstain: Swan. BILL NO. 12-163, an Ordinance accepting a Permanent Utility Easement executed by Benjamin A. Sample and Megan Sample, for property located at 2657 Copperfield Court, in the City of Cape Girardeau, Missouri. First Reading A Motion was made by Loretta Schneider, Seconded by Meg Proffer to approve. Motion passed 7-0. Aye: Lanzotti, Proffer, Rediger,Schneider, Summers, Swan, Voss. BILL NO. 12-167, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located near the intersection of La Salle Avenue and Baldwin Drive, in the City and County of Cape Girardeau, Missouri, from R-1 to C-2 and R-3. First Reading A Motion was made by Loretta Schneider, Seconded by Kathy Swan to approve. Motion passed. 7-0. Aye: Lanzotti, Proffer, Rediger,Schneider, Summers, Swan, Voss. MEETING ADJOURNMENT Motion to adjourn to closed session for purposes of discussion property acquisition and personnel pursuant to RSMo. Sections 610.021(2) and (3). A Motion was made by Loretta Schneider, Seconded by Kathy Swan to adjourn. Motion passed. 7-0. Aye: Lanzotti, Proffer, Rediger,Schneider, Summers, Swan, Voss. 4 ::� ry E. R dige ,Mayor Gayle L. 6nrad, City Clerk