HomeMy WebLinkAboutCouncil.Minutes.05-17-2010.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session May 17, 2010 HH -69
11 REGULAR SESSION — MAY 17, 2010 11
The Cape Girardeau City Council convened in regular session on Monday, May 17, 2010, at 7:00
p.m., with Mayor Harry E. Rediger presiding and Council Members Mark Lanzotti, Meg Davis
Proffer, Loretta Schneider, Kathy Swan, Debra Tracy and John Voss present.
Reverend Dan Johnson, of the Evangelical United Church of Christ, presented the invocation, and
the Pledge of Allegiancewas recited.
The agenda was approved as distributed upon Mr. Lanzotti's motion, Mrs. Swan's second, and the
following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none.
PRESENTATIONS
Mayor Rediger presented a Proclamation to Cape Girardeau Public Works Department employee
declaring May 16-22, 2010, as National Public Works Week. Mr. Tim Gramling, Director of
Public Works, commended his staff for their hard work and dedication.
Mr. Scott Meyer, City Manager, presented a program on the Transportation Trust Fund 4 which
will be on the August 3, 2010, ballot for apprmal.
COMMUNICATIONS/REPORTS
Mrs. Tracy announced the 10th Annual ArtsCape Community Arts Festival will take place on
Saturday, May 22, 2010, at Capaha Park. Mayor Rediger reminded everyone that the Fountain
Street Project groundbreaking will be on Wednesday, May 19, 2010, and the Cape Splash Family
Aquatic Center ribbon cutting willbe on Thursday, May 20, 2010.
Mr. Meyer stated that the Law Enforcement Officer Memorial Service was held on Friday, May
14, at the Missouri Conservation Campus Auditorium in Cape County Park North to honor all
fallen officers.
APPEARANCES
Reverend Paul Kabo appeared before the Council representing Cape Girardeau Citizens for
Quality of Life. He stated that their focus was to place the riverboat gambling issue on the ballot
for vote. Rev. Kabo said that the Citizens for Quality of Life would be led by a steering committee
of seven people and they have organized volunteers to distribute a petition for citizens to sign to
have the issue placed on an upcoming ballot. Mayor Rediger thanked Rev. Kabo and the Cape
Girardeau Citizens for Quality of Life for conducting themselves professionally with the Council.
Mr. Doug Austin appeared before the Council on behalf of Seniors and Lawmen Together (SALT)
and said that three monuments have been placed and dedicated in Cape County Park North
honoring 47 Safety Officers who gave their lives in the line of duty in Southeast Missouri.
Mr. Eric Gooden, operator of Cape Bicycle, appeared before the Council with objections to the
Parks and Recreation Department bid process for purchasing fitness equipment. He said that he
felt the specifications were written in a way so that only one vendor could successfully bid on the
products. Mr. Gooden then reviewed his company's history of bids over the last ten years,
including comparing the products he bid to the products the City had ultimately purchased. He
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II asserted that the specifications had been written so only a specific company could meet all of the
requirements
Mayor Rediger asked if Cape Bicycle had been awarded a contract for some of the equipment in
this most recent bid process. Mr. Gooden replied that they had, but not the treadmill or elliptical
machines. He then discussed the history of the last three bids, including the current bid, and
expressed opposition to the fact that they hadn't won the bid for the treadmill due to the
specifications. He said that his overall bid was $3,810.00 cheaper than the competitor's bidfor the
entire package. Mr. Gooden asked who wrote the City's specifications for equipment, he asked
why the City is bidding out for a brand name that is only available from out of the state, and he
asked why the City is not buying from local vendors.
Mrs. Schneider asked if the City has a policy for buying from local vendors when possible and
how many pieces of equipment were bid. Mayor Rediger said that the Council will take the issue
under consideration. Mr. Voss agreed that the City should buy from local vendors when possible
and thanked Mr. Gooden for bringing the matter before the Council's attention. Mr. Gooden said
that his bid was 10% lower than his competitor's bid and that he had given the City a $1500.00
package discount. Mrs. Swan said that a bid process can be a very frustrating procedure to
navigate for a small business owner if there is any perception that the procedure may not be
conducted fair or equitably.
Mr. Don Howard, of 1100 Ranney Avenue, appeared before the Council and said that he did not
think that the Council should overturn the will of the citizens of Cape Girardeau by putting the
issue of riverboat gambling on the ballot again, though he personally did not want gambling in the
City. He asked if the Corps of Engineers had not previously deemed Cape Girardeau unsafe to
dock a riverboat because of the bend in the Mississippi river. Mr. Meyer replied that the
regulations of gambling boats have changed. Previously they were required to cruise the river, but
now they can stay moored on shore. Mr. Howard also spoke in opposition to the Transportation
Trust Fund 4 tax, and he complained of gravel washing onto his street and nothing being done
about it. He then complained that Fort D needs a new roof installed. The project was included in
the Parks tax, but it still has not been done.
Mr. Gooden, of 1617 Oxford Drive, addressed the Council again and said that the sewer serving
229 S. Henderson is collapsed from the Broadway/Henderson project that was completed by the
City and the University.
CONSENT AGENDA
A motion was made by Mr. Lanzotti and seconded by Mrs. Schneider to remove BILL NO. 10-60,
BILL NO. 10-61, and BILL NO. 10-65 from the Consent Agenda to allow for discussion. The
motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan,
Tracy and Voss. Nays, none.
A motion was made by Mr. Voss and seconded by Mrs. Swan to approve the following items on
the Consent Agenda:
Approval of the May 3, 2010, regular session minutes
BILL NO. 10-55, AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ZONING 2952
PERRYVILLE ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI,
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IIAS AN R-1 SINGLE FAMILY SUBURBAN RESIDENTIAL DISTRICT. Second and Third II
Readings.
BILL NO. 10-56, AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO
INCLUDE PROPERTIES ANNEXED BY THE CITY OF CAPE GIRARDEAU. Second and
Third Readings.
BILL NO. 10-62, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH NIP KELLEY EQUIPMENT COMPANY, INC., FOR THE BIG
BEND WIDENING AND IMPROVEMENT PROJECT, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI. Reading and Passage.
BILL NO. 10-63, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
GRANT AGREEMENT WITH THE STATE OF MISSOURI OFFICE OF HOMELAND
SECURITY FOR THE 2009 CITIZEN CORPS PROGRAM. Reading and Passage.
BILL NO. 10-64, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
ADDENDUM NO. 1 TO AMENDMENT NO. 2 TO THE ENGINEERING SERVICES
CONTRACT WITH BOWEN ENGINEERING AND SURVEYING, INC., FOR THE
VETERANS MEMORIAL DRIVE EXTENSION, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI. Reading and Passage.
BILL NO. 10-66, A RESOLUTION DETERMINING THE INTENT OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, TO REIMBURSE ITSELF FOR CERTAIN CAPITAL
EXPENDITURES RELATED TO THE WASTEWATER TREATMENT PLANT PROJECT.
Reading and Passage.
A motion accepting the improvements to the A. C. Brase Arena Building and authorizing final
payment to Zoellner Construction, Inc.
Conditional approval of the following new liquor licenses:
Earl Bennett, d/b/a Roxy's Ccuntry Saloon, 107 N. Main, retail liquor by the drink
Brendan Sullivan, d/b/a The Billiard Center, 26 N. Main, retail liquor by the drink and
Sunday sales
Approval of the following temporary retail liquor by the drink licenses:
Rodger Brown, d/b/a USA Veterans, Trail of Tears Chapter, for an event to be held at the
Cape Girardeau Regional Airport June 1 &21, 2010.
Rodger Brown, d/b/a USA Veterans, Trail of Tears Chapter, for an event to be held at the
A.C. Brase Arena South and North Ends July 2-5, 2010.
Mirranda Fickert, d/b/a Kiwanis Club of Poplar Bluff, for an event to be held at the A.C.
Brase Arena May 28-30, 2010.
Approval of the following liquor license renewals:
Original Package Liquor and Sunday Sales:
Semo Mart, LLC, d/b/a Semo Mart, 43 N. Sprigg
Super Target Liquor of Missouri, Inc., d/b/a Target Store T0992, 202 Siemers
DSW Development Corp., d/b/a ShellCape, 3425 William
Aldi, Inc., d/b/a Aldi #98, 2145 Independence
Kurt M. Schimmer, d/b/a Discount Smoke Shop, 340 S. Sprigg
Marishah, LLC, d/b/a Cape Mart, 102 Mason
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Bi -State Southern Oil Co., d/b/a Bi -State Southern, Too, 920 N. Kingshighway
Bi -State Southern Oil Co., d/b/a Bi-State/Southern Oil, 612 S. Sprigg
Wholesalers of Intoxicating Liquor -All Kinds
Major Brands, Inc., d/b/a Major Brands, 2100 Themis, Suite 101
Bluff City Beer Co., Inc., d/b/a Bluff City Beer Co., 450 Siemers
Retail Liquor by the Drink:
Catherine Thompson, LLC, d/b/a The Library, 10 S. Spanish
Janet Bierschwal, d/b/a Recovery Room Lounge, 161 Independence
Retail Liquor by the Drink and Sunday Sales:
Edwin E. Rhodes, d/b/a VFW Post 3838, 1049 N. Kingshighway
Ray Drury, d/b/a Cape Elks Lodge #639, 639 Elks Lane
Zellmer, LLC, d/b/a Buffalo Wild Wings, 2136 William Suite 120
Logan's Roadhouse, Inc., d/b/a Logan's Roadhouse, 3012 William
Breakaways Bar & Billiards, Inc., d/b/a Breakaways, 15 N. Main
Drury Hotels Company, LLC, d/b/a Drury Suites, 3303 Campster
GMRI, Inc., d/b/a The Olive Garden Italian Restaurant #1676, 3259 William
GMRI, inc., d/b/a Red Lobster #0707, 3269 William
5% Beer by the Drink:
Glinda Seabaugh, d/b/a Mississippi Mud House, 811 Broadway
James Nguyen, d/b/a Cafe `N' Me, 820 N. Sprigg Suite 5
S% Beer by the Drink and Sunday Sales:
R & V Enterprises, Inc., d/b/a Pagliai's Pizza & Pasta, 1129 Broadway
QMG Cape Girardeau, LLC, d/b/a Qdoba Mexican Grill, 3019 William Suite 101
Conditional approval of the following liquor license renewals:
Original Package Liquor and Sunday Sales:
Food Giant Supermarkets, Inc., d/b/a Food Giant 473, 1120 N. Kingshighway
Capeland, LLC, d/b/a Quick & Save, 2861 Themis
Capeland, LLC, d/b/a AM PM, 1101 William
Westside Investments, LLC, d/b/a Winks Convenience Store, 2017 Perryville
Original Package Liquor, Sunday Sales, & Wine Tasting:
Schnuck Markets, Inc., d/b/a Schnucks, 19 S. Kingshighway
5% Beer the Drink:
Sandy Ladd d/b/a Sandy's Place, 860 Rush Limbaugh, Jr. Memorial Drive
James Nguyen, d/b/a King Nails & Spa, 1131 N. Kingshighway Suites A & B
Retail Liquor by the Drink:
Marx, LLC, d/b/a D'Ladium, 1127 Broadway
NRG Entertainment, LLC, d/b/a Slingers Nightclub & Lounge, 820 N. Sprigg Suite 6
Diamond Wireless, Inc., d/b/a Mixing 10, 2 N. Main
Rodney Pobst, d/b/a Pour House Pub, 1 l3 Broadway
Retail Liquor by the Drink & Sunday Sales:
RT St. Louis Franchise, LLC, d/b/a Ruby Tuesday, 3069 William
Gary Helwege, d/b/a B.G.'s Olde Tyme Deli, 205 S. Plaza Way
Shogun Japanese Sushi & Grill Restaurant, 289LA S. Broadview
ESVR, Inc., d/b/a El Alcapulco Mexican Restaurant, 202 S. Mt. Auburn
Cape Girardeau Country Club Trust, d/b/a Cape Girardeau Country Club, 250 Country
Club Drive
Outback/Missouri-II Limited Partnership, d/b/a Outback Steakhouse #2615, 101 Cape
West Parkway
O'Charley's, Inc, d/b/a O'Charley's 9376, 3093 William
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Regular Session May 17, 2010 HH -73
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Drury Hotels Company, LLC, d/b/a Drury Lodge, 104 S. Vantage
PHC Cape, LLC, d/b/a The Pasta House Company, 2406 William
The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider,
Swan, Tracy and Voss. Nays, none. BILL NO. 10-55 is ORDINANCE NO. 4124; BILL NO. 10-
56 is ORDINANCE NO. 4125; BILL NO. 10-62 is RESOLUTION NO. 2532; BILL NO. 10-63 is
RESOLUTION NO. 2533; BILL NO. 10-64 is RESOLUTION NO. 2534; and BILL NO. 10-66 is
RESOLUTION NO. 2535.
ITEMS REMOVED FROM CONSENT AGENDA
BILL NO. 10-60 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MARKEY AND
ASSOCIATES, INC., FOR IMPROVEMENTS TO THE CAPE GIRARDEAU CENTRAL
MUNICIPAL POOL, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Mr. Dan Muser, Parks and Recreation Department Director, stated that Amendment #1 to the
agreement with Markey and Associates, Inc. provided the scope and budget for renovations to the
pool, including a new bubble, and renovations to the mechanical system and the bath house.
Amendment #2 to that agreement provides for the design of the renovation of the bathhouse, and
for some repairs, as well as restructuring the entryway to better accommodate pool patrons. Also
included will be a family changing area, a classroom area, cosmetic resurfacing of the non -slip
deck, and partitions in the shower area.
Mrs. Schneider asserted that the pool needed more than just cosmetic improvements; all showers
should be separate and private. She asked that the design be presented to the Council when it is
prepared. Mr. Muser replied that the bubble will cost approximately $378,000.00 of the
approximately $1,000,000.00 needed for renovation of the structure and all mechanical and
HVAC.
Mr. Lanzotti asked if renovations of the bathhouse will cost $600,000.00, why are only cosmetic
renovations being done.' He stated that he felt the bathhouse could be torn down and rebuilt for
that amount. Mr. Voss said that building a new bathhouse should be an option considered. Mr.
Lanzotti said that a concerted effort should be made to educate the public on the timelines of the
project with information posted at the facility.
Mr. Muser said that a change in the scope of the project could change the timeframe and delay
reopening. Mr. Voss asked if the City had secured an agreement with Cape Central School to
participate in the upkeep and maintenance of the pool. Mr. Meyer replied that an agreement had
not yet been finalized.
Mrs. Tracy asked what the classroom would be used for. Mr. Muser responded that the classroom
would be used by the City for lifeguard training and by the Cape Swim Team. Mrs. Tracy said
that this was the first time she had heardany discussion about constructing a new bathhouse.
The reading of BILL NO. 10-60 was approved and the Resolution adopted upon Mr. Lanzotti's
motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider,
Swan, Tracy and Voss Nays, none. BILL NO. 10-60 is RESOLUTION NO. 2536.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session May 17, 2010 HH -74
11 BILL NO. 10-61 was presented as follows: 11
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH ARIZON AIRSTRUCTURES WORLDWIDE, LLC, FOR IMPROVEMENTS TO THE
CAPE GIRARDEAU CENTRAL MUNICIPAL POOL, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The reading of BILL NO. 10-61 was approved and the Resolution adopted upon Mr. Lanzotti's
motion, Mrs. Schneider's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger,
Schneider, Swan, Tracy and Voss. Nays, none. BILL NO. 1Q61 is RESOLUTION NO. 2537.
BILL NO. 10-65 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NUMBER 2 TO THE GENERAL SERVICES AGREEMENT WITH JACOBS ENGINEERING
GROUPS, INC., FOR THE WASTEWATER TREATMENT FACILITY PROJECT, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
Mr. Tim Gramling, Director of Public Works, presented background information on the
Wastewater Treatment Facility Project. He explained that the current wastewater plant was built
in 1962 with a capacity of 7 million gallons of water per day, and was constructed to last for
approximately 50 years. In 2006, the City received a compliance schedule from the Department of
Natural Resources to eliminate all wet weather by-pass of the plant. He said that there had been
plans to expand the current plant, but due to the emergence of sinkholes in the area, it was
necessary to change location. Mr. Gramling said that City staff is currently negotiating with the
Department of Natural Resources on the terms of a compliance schedule for all by-pass. This
Amendment #2 is for the design and bid phase of the wastewater treatment plant. It will take
approximately two years to design plans for a plant that can handle 1 1 million gallons of water per
day.
Mr. Lanzotti asked if the current plant could be expanded for less expense if sinkholes were not
present in the area. Mrs. Tracy noted that the cost at the current location was expected to be up to
$30,000,000, and this design is expected to be approximately $60-$70,000,000. Mr. Gramling
said that they are now looking at a location on Corporate Circle that is already owned by the City,
and that it would be easy to pump City sewage to th;t location.
The reading of BILL NO. 10-65 was approved and the Resolution adopted upon Mr. Voss'
motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider,
Swan, Tracy and Voss. Nays, none. BILL NO. 1065 is RESOLUTION NO. 2538.
NEW ORDINANCES
BILL NO. 10-58 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE
BLOOMFIELD ROAD IV PROJECT
The first reading of BILL NO. 10-58 was approved upon Mrs. Schneider's motion, Mr. Lanzotti's
second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and
Voss. Nays, none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session May 17, 2010 HH -75
II BILL NO. 10-59 was given first reading as follows: �I
AN ORDINANCE APPROVING THE RECORD PLAT OF WELTER SUBDIVISION
The first reading of BILL NO. 10-59 was approved upon Mrs. Schneider's motion, Mrs. Swan's
second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and
Voss. Nays, none.
BILL NO. 10-67 was given first reading as follows:
AN ORDINANCE AUTHORIZING T14E MAYOR TO EXECUTE A GENERAL WARRANTY
DEED FOR A TRACT OF LAND LOCATED AT 216 MASON STREET IN THE CITY OF
CAPE GIRARDEAU TO THE CAPE GIRARDEAU MUNICIPAL DEVELOPMENT
FOUNDATION
The first reading of BILL NO. 10-67 was approved upon Mrs. Schneider's motion, Mrs. Proffer's
second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and
Voss. Nays, none.
BILL NO. 10-68 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF W.A. AND ZOLA HUCKSTEP
SUBDIVISION
The first reading of BILL NO. 10-68 was approved upon Mr. Voss' motion, Mrs. Schneider's
second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and
Voss. Nays, none.
BILL NO. 10-69 was given first reading as follows:
AN ORDINANCE ACCEPTING AN EASEMENT FOR INGRESS AND EGRESS FROM
GORDON HUCKSTEP AND CHRIS HUCKSTEP, TRUSTEES OF THE BETTY J.
14UCKSTEP TRUST, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 10-69 was approved upon Mr. Voss' motion, Mrs. Tracy's second,
and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays,
none.
APPOINTMENTS
Mr. David Pfeiffer was re -appointed to the Board of Appeals for a term expiring June 4, 2015,
upon Mr. Voss' motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer,
Rediger, Schneider, Swan, Tracy and Voss. Nays, none.
OTHER BUSINESS
There being no further business, the City Council adjourned upon Mr. Lanzotti's motion, Mr.
Voss' second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy
and Voss. Nays, none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session May 17, 2010 HH -76
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Gayle L onrad, City Clerk