HomeMy WebLinkAboutCouncil.Minutes.04-04-2011.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session April 4, 2011 HH -257
E909420JB
REGULAR SESSION — APRIL 4, 2011
The Cape Girardeau City Council convened in regular session on Monday, April 4, 2011, at 7:00
p.m., with Mayor Harry E. Rediger presiding and Council Members Mark Lanzotti, Meg Proffer,
Loretta Schneider, Kathy Swan, Debra Tracy and John Voss present.
Prior to the regular session, the City Council convened in closed session for purposes of discussing
property acquisition and confidential communications with legal counsel, pursuant to Section
RSMO. 610.021(1) and (2) upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following
vote: Ayes, Lanzotti, Proffer, Rediger, Schneider Swan, Tracy and Voss. Nays, none.
Reverend Ronald Knapp, of the First Church of God, presented the invocation, and the Pledge of
Allegiance was recited.
Mrs. Schneider made a motion, seconded by Mrs. Swan, to remove from the Consent Agenda Item
No. 20, a Resolution authorizing the City Manager to execute a Contract for Professional Design
Services with Philip B. Smith Architect, LLC, for facility assessment of the former Federal
Courthouse located at 339 Broadway, and to approve the Agenda as amended. The motion was
approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and
Voss. Nays, none
PRESENTATIONS
Mayor Rediger presented a plaque to Sergeant Dennis Horn, recognizing his retirement from the
Cape Girardeau Police Department after 25 years of service.
Mayor Rediger presented a Proclamation to Mr. Brock Davis, Parks Division Manager and Tree
Board staff liaison, recognizing the first Friday in April as Arbor Day in Cape Girardeau,
Missouri.
Ms. Jennifer Williams, local director of the Muscular Dystrophy Association, presented an award
to Captain Norman Baker, president of the local Fire Union, recognizing the Cape Girardeau Fire
Department fortheir contributions to tl-c "Fill the Boof' campaign.
COMMUNICATIONS/REPORTS
Mayor Rediger commended the Parks and Recreation Department staff on hosting the district
Special Olympics this past weekend at Southeast Missouri State University. In August the Parks
and Recreation Department will be hosting the second of four Special Olympics state events.
Mayor Rediger encouraged all citizens to vote tomorrow on the smoking ban and the wastewater
treatment plant funding issues.
The Mayor recognized Ms. Cindy Jeter, with Southeast Missouri State University, who had an
Electronic News Gathering class present at both thestudy and regular Council sessions working on
a class project.
Mr. Voss said that last Monday, the Parks and Recreation Department had a ribbon cutting at the
Shawnee Park Center, built with funding from the Parks and Stormwater sales tax. The facility is
now open with just a little bit of work yet to be completed. He continued that last Thursday was
the Isle of Capri Casino groundbreaking and it is exciting to see this project begin.
Proceedings of the City Council, City of Cape Girardeau, Mo.
jeanlar Session T, 2n> 1 HH -258
Mrs. Tracy reminded everyone of the opportunity to purchase trees from the Parks and Recreation
Department to be planted as a memorial. Parks Division Manager Brock Davis said that the
Department has a memorial tree program from October through May each year. The cost is $300
for a stone and a tree, and Shawnee Park Center would be a great plue to put in a new tree.
Mr. Lanzotti said that last week he was approached by residents of the Whispering Oaks
Subdivision with questions about building and development in their area. The residents have now
come to the Council meeting to discuss their questions
Mr. Michael Barnes, of 405 Monterra, appeared and stated that he was seeking relief from the City
for development occurring outside the City limits next to the Whispering Oaks Subdivision. In
August of 2010, the City sent a letter to the developer regarding the improvements he was making.
On September 10, 2010, the City informed the developer that unless the property was properly
zoned and annexed, they would not be allowed to connect to City services. He asserted that the
City has provided utilities to the developer by providing a fire hydrant meter forwater services to a
construction site outside the City limits. Mr. Barnes asked that the City remove the water meter
from the fire hydrant.
Mayor Rediger stated that the City has not given utility hookups to the duplexes in question. City
Manager Scott Meyer said that the City had indeed provided a meter to be installed on the fire
hydrant, as they would for any developer or person who requested it. In this case, the developer
requested the meter and said he would be using the water to clean the streets. Mayor Rediger
noted that the water meter was a temporary hookup for construction purposes, not a permanent
utility providedto the duplexes.
Development Services Director Ken Eftink said that the developer indicated to him that he was
going to drill his own well and install a sewer system for the duplexes. The developer also stated
to him that the fire hydrant meter needed a special connection, which had been ordered, and then
he would be washing the streets. Mr. Barnes responded that the City had stated that denying
utility hookups was the only way to control the situation, and they were now providing City
services, permanently or not, to property outside City limits. Mr. Meyer agreed that the City had
denied City services, and the developer had opted to provide his own services as a result.
However, the City did not feel it was in the residents' best interests to deny the developer the
temporary ability to clean the streets
Upon questing by Mr. Lanzotti, Mr. Meyer explained that the City has a fire hydrant use procedure
that does not differentiate between services insideor outside of the City limits. Mr. Meyer read the
regulations from the City Code of Ordinances. He noted the requirement of a deposit, connection
fee, and billing for the water used. He continued that the City does have the right to deny the
request to protect the interests of the City. In this case, washing the streets is in the best interest of
the city by keeping clean a street used by many city residents
Mr. Lanzotti expressed concern that the developer was not using the hydrant meter as he stated.
He asked if it was possible to terminate the hydrant hookup and evaluate the developer's effort to
clean the streets. Mr. Meyer answered that the streets to be cleaned are not City streets and the
City cannot enforce nuisance Ordinances for removal of mud from the streets. If the developer
gets the nozzle, he can then clean the streets for the neighborhood's benefit. Mayor Rediger again
asserted that the City has no intention to connect the developer to City utilities.
91
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session April 4, 2011 HH -259
E909420JB
Mrs. Schneider asked if the developer could be given a deadline to complete street cleanup with a
set date to remove the meter. Mr. Meyer said that the City would ensure that the developer cleans
the street, and if he does not, the City will withdraw the hydrant meter and deny water access.
Mayor Rediger said that the City will put a timeline on providing the meter andhen remove it.
Mr. John Townsend, of 225 Castle Rock, said that the area in question is an ongoing construction
site, and the streets would need to be washed off every day. He asked the City to protect the value
of their homes.
Mr. Lanzotti asked if there had been any discussions with permitting agencies, like the Department
of Natural Resources, about whether the development's well and septic system meet their
regulations. In addition, basic site disturbance is also governed by the Department of Natural
Resources and there is a series of guidelines for silt retention that are within the Department's
jurisdiction. Mr. Lanzotti said that there are developments in this area that have had ownership
changes, and he encouraged City staff to reach out and establish communications with them. Mr.
Meyer said that the City has indeed initiated communications with the new owners of some of
these developments and they have not expressed an interest in annexing into the City.
Mr. Meyer reported on the public open house to review the proposed bicycle lanes. The City had
received an outpouring of public comment expressing both support and concerns about parking.
Because of those comments, the number of streets with proposed bike lanes was reduced. The
meeting was not a public hearing but rather an opportunity for residents to look at the plans,
express their specific concerns, and allow City staff to follow up.
PUBLIC HEARINGS
This being the date set for a public hearing regarding the request of Shade Tree Properties, LLC to
rezone the properties located at 604, 608 and 620 Jefferson Avenue from the R-3, high density
single family resident district, to the CBD, central business district, the hearing was opened. There
being no appearances,. the hearing was closed.
BILL NO. 11-42 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF SHADE TREE 1sT SUBDIVISION
The first reading of BILL NO. 11-42 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. 11-43 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE BY CHANGING THE
ZONING OF 604, 608 AND 620 JEFFERSON AVENUE, CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI, FROM R-3 TO CBD
The first reading of BILL NO. 1 1-43 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.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session Anr�, 2011 HH-26�
APPEARANCES
Mr. Dick Meister, of Isle of Capri, appeared in support of BILL NOs. 11-41, 11-55, 11-53, and the
motion approving the Main Street relocation. He updated the Council on the status of the Isle of
Capri Planned Development District. The street construction contract was awarded to Fronabarger
Concreters, Inc. and they will be working in conjunction with Apex Paving Co., Cotner Electric
Co., Nip Kelly Equipment Co., Monroe Plumbing & Heating and Road Runner Safety Services,
Inc., all from Cape Girardeau County. Mr. Meister reviewed the roadway plan for relocating Main
Street and said that thetraffic detour will start in the next several days.
CONSENT AGENDA
A motion was made by Mr. Voss, seconded by Mrs. Swan, to approve the following items on the
Consent Agenda:
City Council March 21, 2011, regular and closed session minutes
BILL NO. 11-33, AN ORDINANCE APPROVING THE RECORD PLAT OF BALDWIN
PLACE PHASE I. Second and third readings.
BILL NO. 11-34, AN ORDINANCE APPROVING THE RECORD PLAT OF KELLER
SECOND SUBDIVISION. Second and third readings.
BILL NO. 11-31, AN ORDINANCE ACCEPTING FEE SIMPLE INTEREST,
PERMANENT TRAIL EASEMENTS AND TEMPORARY CONSTRUCTION
EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE BLOOMFIELD ROAD
4 PROJECT. Second and third readings.
BILL NO. 11-40, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN ESCROW AGREEMENT WITH FRUITLAND LIVESTOCK MARKET,
AND MONTGOMERY BANK, FOR SIDEWALK AND STREET IMPROVEMENTS IN
BALDWIN PLACE PHASE I SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI. Reading and passage.
A motion accepting into the City system the water main extension, sanitary sewer and
Winterfield Circle for Baldwin Place Phar, I.
BILL NO. I1-41, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN ESCROW AGREEMENT WITH IOC -CAPE GIRARDEAU LLC, AND
CAPE GIRARDEAU COUNTY ABSTRACT AND TITLE COMPANY, INC., FOR
PUBLIC IMPROVEMENTS IN THE ISLE OF CAPRI PLANNED DEVELOPMENT
DISTRICT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and passage.
A motion approving the improvement plans for Isle of Capri Main Street relocation.
BILL NO. 11-45, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR TRANSPORTATION TRUST FUND 4 (TTF4)
PROJECTS WITH BFA, INC., IN THE CITY OF CAPE GIRARDEAU, MISSOURI.
Reading and passage.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session April 4, 2011 HH -261
E909420JB
BILL NO. 11-46, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR TRANSPORTATION TRUST FUND 4 (TTF4)
PROJECTS WITH BOWEN ENGINEERING AND SURVEYING, INC., IN THE CITY OF
CAPE GIRARDEAU, MISSOURI. Reading and passage.
BILL NO. 11-47, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR TRANSPORTATION TRUST FUND 4 (TTF4)
PROJECTS WITH CDG ENGINEERS ARCHITECTS PLANNERS, INC., IN THE CITY
OF CAPE GIRARDEAU, MISSOURI. Reading and passage.
BILL NO. 11-48, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR TRANSPORTATION TRUST FUND 4 (TTF4)
PROJECTS WITH HORNER & SHIFRIN, INC., IN THE CITY OF CAPE GIRARDEAU,
MISSOURI. Reading and passage.
BILL NO. 11-49, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR TRANSPORTATION TRUST FUND 4 (TTF4)
PROJECTS WITH 14URST-ROSCHE ENGINEERS, INC., IN THE CITY OF CAPE
GIRARDEAU, MISSOURI. Reading and passage.
BILL NO. 11-50, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR TRANSPORTATION TRUST FUND 4 (TTF4)
PROJECTS WITH KOEHLER ENGINEERING AND LAND SURVEYING, INC., IN THE
CITY OF CAPE GIRARDEAU, MISSOURI. Reading and passage.
BILL NO. 11-51, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR TRANSPORTATION TRUST FUND 4 (TTF4).
PROJECTS WITH KUHLMANN DESIGN GROUP, INC., IN THE CITY OF CAPE
GIRARDEAU, MISSOURI. Reading and passage.
BILL NO. 11-52, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR TRANSPORTATION TRUST FUND 4 (TTF4)
PROJECTS WITH WATERS ENGINEERING, INC., IN THE CITY OF CAPE
GIRARDEAU, MISSOURI. Reading and passage.
BILL NO. 11-54, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL
SERVICES WITH MITCHELL B. MALONE FOR RENOVATIONS TO CENTRAL
MUNICIPAL POOL, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and
passage.
BILL NO. 11-55, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH CODE CONSULTANTS, INC. FOR PLAN REVIEW
AND INSPECTION SERVICES FOR THE ISLE OF CAPRI CORPORATION CASINO
DEVELOPMENT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and
passage.
A motion accepting the improvements completed to the water booster pump station on Route
W, waiving the assessment of liquidated damages, and authorizing final payment to K & K
Electric Company.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session April 4, 2011 HH -262
E909420JB
The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider,
Swan, Tracy and Voss. Nays, none. BILL NO. 11-33 is ORDINANCE NO. 4209; BILL NO. 1I-
34 is ORDINANCE NO. 4210; BILL NO. 11-31 is ORDINANCE NO. 4211; BILL NO. 11-40 is
RESOLUTION NO. 2598; BILL NO. 11-41 is RESOLUTION NO. 2599; BILL NO. 11-45 is
RESOLUTION NO. 2600; BILL NO. 11-46 is RESOLUTION NO. 2601; BILL NO. 11-47 is
RESOLUTION NO. 2602; BILL NO. 11-48 is RESOLUTION NO. 2603; BILL NO. 11-49 is
RESOLUTION NO. 2604; BILL NO. 11-50 is RESOLUTION NO. 2605; BILL NO. 11-51 is
RESOLUTION NO. 2606; BILL NO. 11-52 is RESOLUTION NO. 2607; BILL NO. I1-54 is
RESOLUTION NO. 2608; and BILL NO. 11-55 is RESOLUTION'NO.2609.
ITEMS REMOVED FROM THE CONSENT AGENDA
BILL NO. 11-56 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
FOR PROFESSIONAL DESIGN SERVICES WITH PHILLIP B. SMITH ARCHITECT, LLC,
FOR FACILITY ASSESSMENT OF THE FORMER FEDERAL COURTHOUSE LOCATED
AT 339 BROADWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Mrs. Schneider made a motion, seconded by Mr. Voss, approving the reading of BILL NO. 11-56
and adopting the resolution. Mr. Lanzotti explained that the rates for services performed under
this contract are determined by the existing professional services agreement with Mr. Smith. Mr.
Meyer continued that the City has an agreement with the architect who has developed a list of
items to look at in the building. The City will then pick the items for the architect to review. The
motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan,
Tracy and Voss. Nays, none. BILL NO. 11-56 is RESOLUTION NO. 2610.
NEW ORDINANCES
BILL NO. 11-37 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE
SAFE ROUTES TO SCHOOL PROGRAM, IN THE CITY OF - CAPE GIRARDEAU,
MISSOURI
Following Council comments, the first reading of BILL NO. 11-37 was approved upon Mrs.
Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger,
Schneider, Swan, Tracy and Voss. Nays, none.
BILL NO. 11-38 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE
BY PLACING A STOP SIGN AT THE INTERSECTION OF COMMERCIAL STREET AND
RUSMAR STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 11-38 was approved upon Mrs. Schneider motion, Mr. Voss'
second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and
Voss. Nays, none.
F
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session April 4, 2011 HH -263
E909420JB
II BILL NO. 11-39 was given first reading as follows: II
AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE
BY ESTABLISHING A STOP SIGN AT VETERANS MEMORIAL DRIVE AND SCENIC
DRIVE; AMENDING SCHEDULE A OF SECTION 26-228 ESTABLISHING SPEED LIMITS
ON VETERANS MEMORIAL DRIVE; AND AMENDING SCHEDULE F OF SECTION 26-
247 BY ESTABLISHING NO PARKING ON VETERANS MEMORIAL DRIVE, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 1 1-39 was approved 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. 11-44 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COST
APPORTIONMENT AGREEMENT WITH THE MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION FOR IMPROVEMENTS TO THE INTERSECTION OF
ROUTE W AND LEXINGTON AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO.
11-44. Upon questioning by the Mayor, Mr. Meyer said that the City is working to design the
intersection for the best flow of traffic and has discussed a possible roundabout designThe motion
was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy
and Voss. Nays, none.
BILL NO. 11-53 was given first reading as follows:
AN ORDINANCE PROVIDING FOR THE VACATION OF PORTIONS OF PEARL STREET,
SPANISH STREET, MILL STREET, MASON STREET, CERTAIN PUBLIC ALLEYS AND
RIGHTS OF WAY, RELATING TO THE ISLE OF CAPRI PLANNED DEVELOPMENT
DISTRICT
The first reading of BILL NO. 11-53 was approved upon Mr. Voss' motion, Mr. Lanzotti's
second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and
Voss. Nays, none.
APPOINTMENTS
Mr. William Tucker, Jr. was appointed to the Airport Advisory Board for a term expiring April 30,
2013, and Mr. Craig Bohnsack, Mr. John Dissauer, and Mr. Mr. Brian Ozark were reappointed for
terms expiring April 30, 2014, upon Mr. Voss' motion, Mrs. Tracy's second, and the following
vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none.
Mr. Dan Barnard was appointed to the Town Plaza Community Improvement District Board of
Directors for a term expiring April 2, 2014, upon Mayor Rediger'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 April 4, 2011 HH -264
E909420JB
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.
rry E. Re Iger, Kayor
Gayle L onrad, City Clerk