HomeMy WebLinkAboutCouncil.Minutes.12-20-2010.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session December 20, 2010 HH -199
11 REGULAR SESSION — DECEMBER 20, 2010 11
The Cape Girardeau City Council convened in regular session on Monday, December 20, 2010, at
7:00 p.m., with Mayor Harry E. Rediger presiding and Council MembersMeg Davis Proffer, Mark
Lanzotti, Loretta Schneider, Kathy Swan and John Voss present. Council Member Debra Tracy
was absent.
Prior to the regular session, the City Council convened in closed session for purposes of discussing
legal actions, causes of legal action or litigation, property acquisition and personnel pursuant to
RSMo. Sections 610.021(1), (2) and (3) upon Mrs. Schneider's motion, Mr. Voss' second, and the
following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swarand Voss. Nays, none.
Reverend Phil Roop, of Bethel Assembly of God, presented the invocation, and the Pledge of
Allegiance was recited. Mayor Rediger recognized Will Kapp, of the Boy Scouts of America
Troop 8, Phillip Grantis, of Troop 4, and Sara Mitrucker, of Venturing Crew 4216, who were
attending the meeting as part of the raluirements for earning a merit badge.
The agenda was approved as distributed upon Mrs. Schneider's motion, Mrs. Swan's second, and
the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none.
PRESENTATIONS
Mayor Rediger presented a plaque to Fire Battalion Chief Steve Niswonger to commemorate his
retirement after 33 years of service to the City of Cape Girardeau, serving both the Police and Fire
Departments. Mr. Niswonger commented on his service and thanked the Council and City
management for their leadership.
COMMUNICATIONS/REPORTS
Mr. Lanzotti reported on the success of the International Council of the Aeronautical Sciences
(ICAS) Conference in Las Vegas, Nevada last week. The 2010 Cape Girardeau Regional Air
Festival was discussed, including oversight, safety, planning and implementation. Airport
Manager Bruce Loy said that there were 1,550 delegates at the ICAS Conference. The Cape
Girardeau Regional Airport received the Best Supporting Airshow award from the U.S. Army's
Golden Knights' Gold Team. The award is determined by the air show's support manual, safety
issues and hospitality. Mr. Loy expressed his appreciation to the volunteers, especially Mr. Mark
Seesing, for all their work.
Mr. Lanzotti announced that the City is working on installing and implementing a Frisbee golf
course in Capaha Park. Southeast Missouri State University had put the course in place with some
other sponsors, including the Park and Recreation Advisory Board and Foundation.
Mr. Voss discussed the Enhanced Enterprise Zone (EEZ) forming in the Cape Girardeau County
area. He said this was a way for local entities to encourage businesses to expand or relocate to the
area and receive tax abatement on additional real estate infrastructure improvements. The EEZ is
being developed to offer a 50% abatement over 10 years on incremental increases for new or
expanded business. He said there are currently 80+ zones in existence, with another 40+ being
created now.
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Regular Session December 20, 2010 HH -200
Mr. Voss announced a Public Hearing on Wednesday, December 29, 2010 at the Osage Centre.
Citizens can attend the hearing and learn more about Enterprise Zones and provide comments
before submissions are made to the State to create the Enhanced Enterprise Zone. A Board of
Directors will manage the Zone, and the school district will have representatives on the Board.
Mr. Voss said that the Enhanced Enterprise Zone is one of the tools available to try to create
additional jobs in the area. A map of the area has been drawn and will be available at the
December 29 meeting.
Mrs. Swan questioned the difference between the Enhanced Enterprise Zone and other Enterprise
Zones, and whether Cape Girardeau County has any Enterprise Zones at this time. Mayor Rediger
said that the County had an Enterprise Zone. Mr. Mitch Robinson, of the Cape Girardeau Area
MAGNET, said that the old Enterprise Zone expired in 2003. The State created a new Enhanced
Enterprise Zone in 2005, and 86 zones have been added in Missouri. The old Enterprise Zone had
been revised and updated in this program to provide tax abatement to communities.
City Manager Scott Meyer announced that the Cape Girardeau Police Department had been named
Outstanding Agency of the Year by the State-wide Special Olympics. He said the Police
Department had the greatest increase in donations, and he congratulated and thanked Corporal
Adam Glueck for his outstanding efforts. Mayor Rediger said that certain events for the Special
Olympics State Championships will be held in Cape Girardeau yer the next three years
Mr. Meyer noted that the City had been awarded a $110,000 grant for the Housing Economic
Recovery Ownership (HERO) program for repairson qualifying homes in the City.
Mr. Meyer said that the City had met with the developer and principals of the Show Me Smile
Development. They openly discussed the whole proposal, and the issues with the developers and
the Department of Economic Development All of the issues were not settled, but they are
working on it. Everything will be legal when this is done and all State requirements will be met.
No City money was used on this project.
Mr. Meyer discussed placing funding for the wastewater treatment facility on the ballot. He said
that the City had been asked about the funding for the facility and about why it is costing much
more than early estimates. Several years ago, the City had looked into expanding and updating the
current facility, then the area began to develop sinkholes and the City could not expand without
compromising the foundation. The foundation at the new facility must be built to withstand an
earthquake, and the foundation will comprise 25-30% of the project cost. An engineer has been
hired to review the design, structure, and operability of the new facility to reduce costs. The City
has also been asked how the current facility is not in compliance with State regulations. He said
that 50 years ago it was acceptable to allow sewage to run into the river, but now it is not an
acceptable practice, and every gallon of water that infiltrates the sewer system must be treated. If
the wastewater facility is not in compliance, theCity will be heavily fined, so there is no choice but
to construct a new wastewater treatment facility.
APPEARANCES
Mr. Don Howard, of 1100 Ranney Avenue, appeared before the Council and stated that previous
Councils should have looked into the issue of the wastewater treatment facility. He said that
instead of putting all the City's sales tax revenues into the Transportation Trust Fund 4 (TTF4)
and the parks/stormwater sales tax, the City could have applied that money toward this need and
paid the debt off sooner. Cape Girardeau may have one of the lowest sewer rates in the State of
Missouri, but not everyone has the money to pay increased rates. This is a minimum wage town
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session December 20, 2010 HH -201
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with lots of restaurants and fast food. People are afraid they cannot pay their bills, and they don't
know how they will manage after the rates increase. Mr. Howard asked the Council to look at
other ways to help fund the new wastewater treatment facility, such as using water park revenue or
casino profits.
CONSENT AGENDA
A motion was made by Mrs. Swan and seconded by Mrs. Schneider, to approve the following
items on the Consent Agenda:
Approval of the City Council December 6, 2010, regular and closed sessions minutes.
BILL NO. 10-169, AN ORDINANCE ACCEPTING FEE SIMPLE INTEREST AND
TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY
OWNERS FOR THE LEWIS AND CLARK PARKWAY (VETERANS MEMORIAL
DRIVE PHASE 1) PROJECT. Second and Third Readings.
BILL NO. 10-171, AN ORDINANCE APPROVING THE RECORD PLAT OF A
RESUBDIVISION OF LOT 25 OF LEXINGTON PLACE SECOND SUBDIVISION.
Second and Third Readings.
BILL NO. 10-146, AN ORDINANCE APPROVING THE RECORD PLAT OF A
RESUBDIVISION OF LOTS P38, P39, & P40 OF THE LOCHS AT DALHOUSIE — PHASE
IV AND LOTS P85, P86, & P87 OF THE LOCHS AT DALHOUSIE — CORRECTED
AMENDED. Second and Third Readings.
BILL NO. 10-172, AN ORDINANCE VACATING THE CITY'S INTEREST IN UTILITY
EASEMENTS LOCATED IN THE AREA OF 1533 HELMSDALE DRIVE, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI. Second and Third Readings.
BILL NO. 10-174, AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING
THE ZONING SOUTH OF LASALLE AVENUE AND ON BOTH SIDES OF BALDWIN
DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1
TO R-3 AND C-2. Second and Third Readings.
BILL NO. 10-175, AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES, OF THE CITY OF CAPE GIRARDEAU REGARDING DOMESTIC
SERVANTS. Second and Third Readings.
BILL NO. 10-179, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR SERVICES WITH CAPE GIRARDEAU AREA
MAGNET. Reading and Passage.
BILL NO. 10-185, A RESOLUTION AUTHORIZING THE CITY COUNCIL OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, TO PROVIDE ABATEMENT AND
DETERMINE TYPES OF BUSINESSES FOR ITS ORGANIZATION AND PLAN OF
OPERATION FOR AN ENHANCED ENTERPRISE ZONE. Reading and Passage.
A motion accepting into the City's system the water main extension to serve Fronabarger
Concreters Development and extension of Commercial Street.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session December 20, 2010 HH -202
A motion accepting the improvements completed on Independence Street from Kingshighway
to Pacific Street, and authorizing final payment to Fronabarger Concreterslnc.
A motion setting a public hearing for January 10, 2011, for consideration of the preliminary
development plan and rezoning request for the IOC -Cape Girardeau, LLC Planned
Development District (PD District)
The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider,
Swan and Voss. Nays, none. BILL NO. 10-169 is ORDINANCE NO. 4179; BILL NO. 10-171 is
ORDINANCE NO. 4180; BILL NO. 10-146 is ORDINANCE NO. 4181; BILL NO. 10-172 is
ORDINANCE NO. 4182; BILL NO. 10-174 is ORDINANCE NO. 4183; BILL NO. 10-175 is
ORDINANCE NO. 4184; BILL NO. 10-179 is RESOLUTION NO. 2586; and BILL NO. 10-185
is RESOLUTION NO. 2587.
NEW ORDINANCES
BILL NO. 10-180 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
TRANSPORTATION ENHANCEMENT FUNDS PROGRAM AGREEMENT WITH THE
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE SOUTH SIDE
TRAIL CONNECTION PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 10-180 was approved upon Mr. Lanzotti's motion, Mr. Voss'
second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss.
Nays, none. Mr. Lanzotti stated that the Transportation Enhancement Funds Program is a grant -
based program, with the City contributing 20%, to put trail extensions in Shawnee Park and to
connect the existing trail in the parking lot with the trail on West End Boulevard at Linden Street.
BILL NO. 10-181 was given first reading as follows:
AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU,
MISSOURI, ON THE QUESTION OF ISSUING SEWERAGE SYSTEM REVENUE BONDS
The first reading of BILL NO. 10-181 was approved upon Mr. Voss' motion, Mrs. Swan's second,
and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none.
Mr. Lanzotti said that the timeline of this project has encompassed 4 to 5 years already. This
information would help citizens understand the project. He asked City staff to put together a page
on the City web site to explain the details of the sewerage system issues. Mr. Meyer noted that a
Public Hearing is scheduled for January 12, 2011 at the Public Works facility. Tours will be given
before the hearing of the existing plant and the new site location, and City staff will receive public
input.
BILL NO. 10-182 was given first reading as follows:
AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU,
MISSOURI, ON THE QUESTION OF WHETHER TO EXTEND THE PRESENT ONE-
QUARTER OF ONE PERCENT CAPITAL IMPROVEMENT SALES TAX FOR THE
PURPOSE OF FUNDING CAPITAL IMPROVEMENTS
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session December 20, 2010 HH -203
The first reading of BILL NO. 10-182 was approved upon Mr. Voss' motion, Mrs. Schneider's
second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss.
Nays, none. Mr. Meyer said that the intent of this Ordinance is to use Cape Girardeau's regional
hub status to help pay for City improvements. Visitors to the area will help provide sales tax
revenue by shopping in the City.
BILL NO. 10-183 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF JULIE SUBDIVISION NO. 5
The first reading of BILL NO. 1 Q 183 was approved upon Mrs. Schneider's motion, Mrs. Proffer's
second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss.
Nays, none.
BILL NO. 10-184 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE,
BY ESTABLISHING A NO PARKING ZONE ON A PORTION OF PACIFIC STREET, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 10-184 was approved upon Mr. Voss' motion, Mrs. Swan's second,
and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none.
APPOINTMENTS
Mr. Wayne Bowen was appointed to the Planning and Zoning Commission for a term expiring
November 1, 2012, upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote:
Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. Mr. Lanzotti said that
during the study session, the Council had suggested that advisory boards should model after the
leadership of the Girardeau Goes Green Advisory Board and set up subcommittees in order to
allow non-members to have a structured and active roll on the Board. Mrs. Swan suggested that a
subcommittee of the Planning and Zoning Commission could be tasked with reviewing the
proposed development code.
Mr. James Bowling was appointed to the Board of Examiners for a term expiring January 1, 2013,
upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Lanzotti, Proffer,
Rediger, Schneider, Swan and Voss. Nays, none. Mayor Rediger said that City staff is looking
into the requirements for service on this Board. Mr. Meyer said that they will look at expanding
the requirements and allowirg more people to serve.
Mrs. Tracy was reappointed as the City Council representative to the Parks and Recreation
Foundation for a term expiring December 31, 2011, upon Mrs. Schneider's motion, Mrs. Swan's
second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss.
Nays, none.
Mayor Rediger and Mr. Lanzotti were reappointed as City Council representatives to the Cape
Girardeau Area MAGNET Board of Managers for terms expiring December 31, 2011, upon Mr.
Voss' motion, Mrs. Proffer's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger,
Schneider, Swan and Voss. Nays, none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session December 20, 2010 HH -204
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 and
Voss. Nays, none.
Harry E. Re Iger, Mayor
A4, Y6�"d
Gayle L.o rad, City Clerk