HomeMy WebLinkAboutCouncil.Minutes.11-01-2010.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
Rej4ular Session November 1, 2010 HH -167
11 REGULAR SESSION - NOVEMBER 1, 2010 11
The Cape Girardeau City Council convened in regular session on Monday, November 1, 2010, at
7:00 p.m., with Mayor Harry E. Rediger presiding and Council Members Meg Davis Proffer,
Loretta Schneider, Kathy Swan, Debra Tracy and John Voss present. Council Member Mark
Lanzotti was absent.
Reverend Karen Dumey, of the Westminster Presbyterian Church, presented the invocation, and
the Pledge of Allegiancewas recited
Mr. Voss made a motion, seconded by Mrs. Schneider to amend the agenda as follows: (1) remove
from the agenda Item No. 28, an Ordinance repealing Sections of Chapter 30, and repealing and
enacting new sections of Chapter 25 of the Code of Ordinances regarding Billboards, Signs,
Fences, Retaining Walls, Landscaping and Bufferyards, and (2) remove from the consent agenda
Item No. 8, an Ordinance amending Chapter 6 of the Code of Ordinances relating to chickens and
other animal regulations. The motion was approved upon the following vote: Ayes, Proffer,
Rediger, Schneider, Swan, Tracy and Voss. Nays, none. Mr. Voss explained that since the City
Council was not fully represented, it would be prudent to remove the Ordinance relating to
chickens and other animal regulations from the Tenda.
Mrs. Tracy made a motion, seconded by Mrs. Swan to remove from the consent agenda Item No.
20, conditional approval of a retail liquor by the drink and Sunday sales license for Erin M. Bragg,
d/b/a Dino's Pizza, and to adopt the amended Agenda. The motion was approved upon the
following vote: Ayes, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none.
COMMUNICATIONS/REPORTS
Mayor Rediger encouraged citizens of Cape Girardeau to exercise their right to go to the polls and
vote on Tuesday, November 2.
The Mayor and Mr. Scott Meyer, City Manager, recognized City staff members who received
awards in October:
■ Mrs. Heather Brooks, Assistant to City Manager, was awarded the Zonta Women of
Achievement Award.
■ Mrs. Kelly Green, City Engineer, received the Executive of the Year award from the Girardeau
Chapter of the International Association of Administrative Professionals She was nominated by
her assistant, Mr. Bruce Taylor.
• Battalion Chief Brad Dillow was recognized by the University of Missouri Fire and Rescue
Training Institute as Instructor of the Year
Mayor Rediger said that City staff goes over and above their duties, and he extended
congratulations to each of them.
Mrs. Schneider said that she had met with a group about continuing problems at Whispering Oaks
Subdivision. She reported that she had spoken with Mr. Mike Ingram of the Whispering Oaks
Property Owners Association, and he suggested a meeting to discuss the possibility of paving the
road going into the Enclave Subdivision. Mrs. Schneider said that the City should explore that
option. Mr. Meyer replied that City staff has tried to find common ground, and that they will look
into this compromise and offer engineering expertise.
Mrs. Schneider continued that she had met with members of a group proposing a noise Ordinance
similar to one in Columbia, Missouri. She said they gave copies of the Ordinance to the Council
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session November 1, 2010 HH_168
for review. Mr. Meyer agreed that this is an active group and noted that they were instrumental in
crafting the minor in possession Ordinance recently passed by the Council. He said the group
could appear at the next study session and present their position. Mr. Meyer stated that he will ask
City staff to review the current noise Ordinance andcompare to the Columbia Ordinance
Mrs. Proffer asked about progress in the landlord inspections program, and she said there are
concerns in her Ward about the matter. Mr. Meyer answered that the landlord inspection program
was postponed by the Council five months ago, and it was decided that current Ordinances should
be enforced more contentiously. He said City staff would present information to the Council about
how enforcement is being carried out. The Council had decided to readdress the issue in six
months or a year in order to assess what needs b be done.
Mr. Ken Eftink, Development Services Director, said that City staff has been inventorying
properties that do not meet minimum standards and need to be condemned. Individual tenant
issues are dealt wth on a complaint basis
Mayor Rediger asked if the issues in Ward 2 are addressed in the current Ordinances. Mr. Eftink
answered that some were. Mrs. Schneider said that residents around Southeast Missouri State
University were concerned about this as well. They, want the City to increase inspections to
correct these problems, especially the safety concerns. Mrs. Swan said that she had spoken with
Ms. Linda Heitman, with the University, and she is also very concerned.
Mr. Voss congratulated the Southeast Missouri State University football coach and team on their
successful season. He also recognized Cape Air's co-sponsorship of the homecoming football
game and other athletic department activities. He recognized their corporate citizenship in Cape
Girardeau. Mr. Meyer said that a report was released that in October, Cape Air had 525 outbound
and 427 in -bound passengers using the airline
Mr. Meyer announced that Renovation Resource opened a store on Rust Drive, and TJ Maxx,
Penn Station Deli and Game Stop will also be opening new stores in Cape Girardeau. These are
great economic development; for the City.
Mr. Tim Gramling, Public Works Director, spoke about the changes to the City's loose leaf
collection program andalternatives available to dispose of leaves.
Cape Girardeau Fire Chief Rick Ennis said the department monitors weather conditions daily to
determine burn orders. The City is in an extended no burn period, especially with the wind. He
said that burning regulations are posted on the City's web page each day.
Mrs. Swan said she had attended the groundbreaking for Renewable Resources. It is good to
encourage small businesses to locate in Cape Girardeau, especially businessesthat are beneficial to
the environment.
PUBLIC HEARINGS
This being the date set for a public hearing to discuss a voluntary annexation petition received
from Lynwood Baptist Church for a 14.29 acre tract not presently located in the City limits located
just north of 2935 Lynwood Hills Drive between the Walden Park Subdivision and Lynwood
Baptist Church, the hearing was opened. There being no appearances, the hearing was closed.
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This being the date set for a public hearing to discuss a voluntary annexation petition received
from Fruitland Livestock Market, Inc. for real estate not presently located in the City limits located
along Baldwin Drive, south of LaSalle Avenue, the hearing was opened. There being no
appearances, the hearing was closed.
This being the date set for a public hearing to discuss the request of Regents Parc, LLC to rezone
the property located at 1629 and 1631 Kingsway Drive from the R-1 (Single Family Suburban
Residential) District to the C-2 (Highway Commercial) District, the hearing was opened. There
being no appearances, the hearing was closed.
BILL NO. 10-148 was given first readingas follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 1629 AND
1631 KINGSWAY DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI, FROM R-1 TO C-2
The first reading of BILL NO. 10-148 was approved upon Mrs. Schneider's motion, Mrs. Proffer's
second, and the following vote: Ayes, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays,
none.
This being the date set for a public hearing to discuss the request of the City of Cape Girardeau to
rezone the property located at 317, 319, 321, 325, and 329 South Ellis Street, and 814 Morgan
Oak from the R-4 (Medium Density Multi Family Residential) District to the RUMD (Residential
Urban Mixed Density) District, the hearing was opened. There being no appearances, the hearing
was closed.
BILL NO. 10-149 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 317, 319, 321,
325 AND 329 SOUTH ELLIS STREET, AND 814 MORGAN OAK STREET, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI, , FROM R-4 TO RUMD
The first reading of BILL NO. 10-149 was approved upon Mrs. Schneider's motion, Mrs. Swan's
second, and the following vote: Ayes, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays,
none.
This being the date set for a public hearing to discuss the request of the City of Cape Girardeau to
rezone the property located at 401, 409, 413, 419, and 421 North Street, 323, 329, 329R, 333R,
and 333 North Fountain Street, and 338, 332, 330A, 326, 326R, and 318 North Middle Street
from the R-4 (Medium Density Multi Family Residential) District to the RUMD (Residential
Urban Mixed Density) District, the hearing was opened. There being no appearances, the hearing
was closed.
BILL NO. 10-152 was given first reading as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session November 1, 2010 HH -170
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 401, 409, 413,
419 AND 421 NORTH STREET, 323, 329 AND 333 NORTH FOUNTAIN STREET, AND 318,
326, 330, 332, AND 338 NORTH MIDDLE STREET, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI, FROM R-4 TO RUMD
The first reading of BILL NO. 10-152 was approved upon Mrs. Tracy's motion, Mrs. Schneider's
second, and the following vote: Ayes, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays,
none.
APPEARANCES
Mr. Brian Phillips, of 879 South Kingshighway, appeared before the Council in opposition to the
retail liquor by the drink and Sunday sales license sought by Erin M. Bragg, d/b/a Dino's Pizza.
He presented a letter to the Council and said that Ms. Bragg's liquor license application was
submitted under false pretenses and was in fact sought by Mr. Kostantinos "Gus" Demopoulos,
who owns other property on Broadway and owes back taxes to the IRS. Mr. Phillips continued
that Mr. Demopoulos opened a bar in Anna, Illinois and had similar issues. Ms. Braggs is Mr.
Demopoulos' fiance, and he is using her as a front to open the business because he could not get a
license in his own name.
Mrs. Proffer asked if the Council had not amended the Ordinance to close this kind of loophole.
Mr. Meyer answered that the Ordinance was amended to keep an applicant from changing the
name of the company to avoid paying tax liens. Mr. Phillips stated that Mr. Demopoulos' other
LLC is California Juice Club and this corporation is Dino's Juice Club. He said that his wife is
Mr. Demopoulos' siste5 and wrote the letter of complaint
Mr. Nelson Sparks, of 301 South Lorimier Street, addressed the Council and invited the Mayor,
Mrs. Schneider and Mrs. Proffer to his home to see his chicken coop since they had voted against
the Ordinance allowing chickens to be raised in City limits. He said that Mrs. Proffer had reported
receiving calls complaining about an odor from his chickens, and he had difficulty understanding
that. He said that many large cities in Missouri have adopted similar Ordinances
CONSENT AGENDA
A motion was made by Mr,. Schneider and seconded by Mrs. Swan to approve the following items
on the Consent Agenda:
Approval of the City Council October 18, 2010, regular session minutes.
BILL NO. 10-138, AN ORDINANCE AUTHORIZING ACCEPTANCE OF PERMANENT
DRAINAGE EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM
VARIOUS PROPERTY OWNERS FOR THE DOROTHY STREET DRAINAGE
PROJECT. Second and Third Readings.
BILL NO. 10-142, AN ORDINANCE AUTHORIZING EXECUTION OF AN AIR
TRAFFIC CONTROL TOWER OPERATING ASSISTANCE GRANT AGREEMENT
WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION. Second
and Third Readings.
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BILL NO. 10-143, AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, ENTITLED "THE
URBAN REDEVELOPMENT ORDINANCE"; AND CONTAINING A SEVERABILITY
CLAUSE. Second and Third Readings.
BILL NO. 10-144, A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI
HOUSING DEVELOPMENT COMMISSION FOR HOME REPAIR OPPORTUNITIES
GRANT FUNDING FOR THE CAPE GIRARDEAU NEIGHBORHOOD RESTORATION
PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY GRANT DOCUMENTS. Second and Third Readings.
BILL NO. 10-147, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH DRURY COMPANY FOR ROOF REPLACEMENT
AT FIRE STATION # 1, IN THE CITY OF CAPE GIRARDEAU. Reading and Passage.
A motion rejecting the bids received for replacement of the boiler and water heater and the
HVAC zoning controls.
BILL NO. 10-153, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BOONE CONSULTING
FOR A BIOSOLIDS MANAGEMENT PLAN, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI. Reading and Passage.
BILL NO. 10-154, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A GENERAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC.,
TO PROVIDE ENGINEERING SERVICES TO THE CITY OF CAPE GIRARDEAU,
MISSOURI. Reading and Passage.
BILL NO. 10-155, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. I TO THE GENERAL SERVICES AGREEMENT WITH
HDR ENGINEERING, INC., TO PROVIDE ENGINEERING SERVICES FOR A MULTI-
USE SOLID WASTE TRANSFER STATION, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI. Reading and Passage.
BILL NO. 10-156, 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. 10-157, 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.
A motion accepting the improvements completed on Mt. Auburn Road from Kingshighway to
Independence, and authorizing final payment to Lappe Cement Finishing, Inc.
Conditional approval of a change in Managing Officer for Applebee's Restaurants West, LLC,
d/b/a Applebee's Neighborhood Grill & Bar, 202 S. Broadview.
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Regular Session November 1, 2010 HH -172
Approval of a 5% liquor by the drink license for Nghia Nguyen, d/b/a Fashion Nails, 53 S.
1 11 Plaza Way. 11
Approval of a retail liquor by the drink license for Henry A. Carter, d/b/a Alexander's LLC,
433 S. Sprigg Street.
Approval of a temporary liquor by the- drink license for Christine Ehrhard, d/b/a Catholic
Campus Ministry, for an event to be held May 2527, 2011, at Deerfield Lodge
Approval of a temporary retail liquor by the drink license for Marsha Edwards, d/b/a Cape
Central Soccer Fan Club, for an event to be held January 28-30, 2011, at 321 Jaycee Drive (4-
H Exhibit Hall).
The motion was approved upon the following vote: Ayes, Proffer, Rediger, Schneider, Swan,
Tracy and Voss. Nays, none. BILL NO. 10-138 is ORDINANCE NO. 4165; BILL NO. 10-142 is
ORDINANCE NO. 4166; BILL NO. 10-143 is ORDINANCE NO. 4167; BILL NO. 10-144 is
RESOLUTION NO. 2570; BILL NO. 10-147 is RESOLUTION NO. 2571; BILL NO. 10-153 is
RESOLUTION NO. 2572; BILL NO. 10-154 is RESOLUTION NO. 2573; BILL NO. 10-155 is
RESOLUTION NO. 2574; BILL NO. 10-156 is RESOLUTION NO. 2575; and BILL NO. 10-157
is RESOLUTION NO. 2576.
ITEMS REMOVED FROM CONSENT AGENDA
Mr. Voss made a motion to conditionally approve a retail liquor by the drink and Sunday sales
license for Erin M. Bragg, d/b/a Dino's Pizza, 1034 Broadway. The item failed for lack of a
second.
APPOINTMENTS
Mr. Kenneth Bramlett and Mr. Robert Pastrick were reappointed to the Golf Course Advisory
Board for terms expiring November 12, 2013, upon Mrs. Schneider's motion, Mr. Voss' second,
and the following vote: Ayes, Proffer, Rediger, Schneider, Swan, Trac)and Voss. Nays, none.
OTHER BUSINESS
There being no further business, the City Council adjourned upon Mr. Voss' motion, Mrs.
Proffer's second, and the following vote: Ayes, Proffer, Rediger, Schneider, Swan, Tracy and
Voss. Nays, none.
6
Harry E. Rediger, Maydr
Gayle Lzkonrad, City Clerk