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HomeMy WebLinkAboutCouncil.Minutes.08-21-2017.Regular Proceegiermof the City Council, City o t Cap Girardeau F . Atigu17 JJ-575 Session 9 REGULAR SESSION—August 21,2017 w CLOSED SESSION Legal actions and litigation,confidential communications with legal counsel,and personnel matters, pursuant to RSMo. Sections 610.021(1)and(3). A Motion was made by Victor Gunn, Seconded by Robbie Guard to approve. Motion passed. 6-0. Ayes: Fox,Guard,Gunn,Moore,Rediger,Uzoaru. INVOCATION Pastor Weston Wildauer of Good Shepherd Lutheran Chapel in Cape Girardeau PLEDGE OF ALLEGIANCE CALL TO ORDER The Cape Girardeau City Council convened in regular session on Monday, August 21, 2017, at 7:00 p.m., with Mayor Harry Rediger presiding and Council Members Bob Fox, Robbie Guard, Victor Gunn, Shelly Moore,and Joseph Uzoani present ADOPTION OF THE AGENDA A Motion was made by Bob Fox, Seconded by Victor Gunn to adopt Motion passed. 6-0. Ayes: Fox,Guard,Gunn,Moore,Rediger,Uzoaru. APPOINTMENT OF WARD 6 UNEXPIRED TERM SERVING UNTIL APRIL 2018 Mayor Harry Rediger spoke about Danny Essner's involvement and experience with City activities through Advisory Board membership, work with City partnering organizations such as MAGNET and the Chamber of Commerce, and various community activities. Mayor Rediger noted that all the candidates are well qualified and encouraged them to run for office in upcoming elections. A Motion was made by Joseph Uzoaru, Seconded by Robbie Guard to appoint Danny Essner to the Office of Council Member Ward 6 for the term expiring April 3 2018. Motion passed. 6-0. Ayes:Fox,Guard,Gunn,Moore,Rediger,Uzoaru. Danny Essner took the Oath of Office for Council Member Ward 6 and joined the Council. COMMUNICATIONS/REPORTS Mayor Harry Rediger spoke about the Total Solar Eclipse which occurred today. He spoke about the good weather we had for viewing the eclipse, and he specifically talked about the viewers visiting the Sportsplex.He noted that several states and some countries were represented there. Council Member Robbie Guard spoke about two instances of excellent customer service that were recently reported at Cape Splash. One was regarding staff showing courtesy and consideration to determine activities in which a 13 year-old missing limbs could safely participate at the facility. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 21,2017 JJ-576 The second was about the life saving activities of life guard staff involving a young girl. City Manager Scott Meyer noted that the agenda packet contained a Memo titled Conveyance of Supplemental Actuarial Valuation of Alternate LAGERS Benefits - February 28, 2017 and the valuation report prepared for LAGERS. The report is public information and available for inspection in the Office of the City Clerk. City Manager Scott Meyer said that he had received a request from GoRail to provide a letter of support for its activities to promote the freight rail at the SEMO Port. Council stated its desire for the City Manager to provide the letter of support. City Manager Scott Meyer spoke about the Eclipse activities and the activation of the Emergency Operations Center. The activation of the EOC helped monitor the activities for safety and traffic efficiencies. It was also used as a training exercise for staff. Parks and Recreation Director Julia Thompson spoke that the City hosted an event at the Sportsplex, but that the Convention and Visitors Bureau was the organizer and promoter that made the event successful. Deputy City Manager Molly Hood introduced her father Howard Hood who was visiting from Springfield Illinois. PUBLIC HEARINGS A Public Hearing to consider vacating the City's interest in a 10 foot wide utility easement along the north side of Broadway of Lot 2 of OTC First Subdivision, in the City of Cape Girardeau, Missouri. Mayor Harry Rediger opened the Public Hearing. There being no appearances, the hearing was closed. APPEARANCES Elliot Williams of 2351 Woodland Hills Drive appeared in opposition to the amended preliminary plat of Williamsburg. He stated that the proposed entrance is the current stormwater basin, and when he purchased his property there was no suggestion that it could be developed into a street making his property a corner lot. He also noted concern with changes in the Stormwater detention and with increased traffic. He suggested that the second access for the Willimsburg subdivision could be through a City-owned lot on Bernice Drive. Danielle Driskell of 1880 Autumn Drive appeared in opposition to the amended preliminary plat of Williamsburg. She cited concern with increased traffic and speeding, and with possible stormwater problems if the current system is changed. Jimmy McGowen of 2345 Woodlawn Hills Drive appeared in opposition to the amended preliminary plat of Williamsburg. He suggested to Council, that the matter be taken back to the Planning and Zoning Commission and ask the developer to address the neighbors' concerns. Proceestinesrof the City Council, Ci i oft q� i Girardeau] . gusSession Mayor Harry Rediger asked Development Services Director Alex McElroy for a response about the stormwater concerns. Mr. McElroy said that the developer has a stormwater plan to replace the detention being displaced by the proposed entrance. w Deputy City Manager Molly Hood reminded Council that the approval of the preliminary plat is an administrative action not legislative, meaning if the plat meets all the requirements it must be approved, and that no Public Hearing is required. Development Services Director Alex McElroy noted that Marc Mahnke with Strickland Engineering, the engineer for the developer was in the audieance and asked him to address the concerns. Marc Mahnke with Strickland Engineering spoke about the developer's plan to build a new detention basin and direct water that would have gone to the current basin to the new one. He also spoke about the traffic concerns, noting that there would be a stop sign on Autumn Drive, and that traffic from the subdivision would encounter more stop signs and neighborhood traffic if the entrance at Autumn Drive was used than if the Perryville Road entrance was used. Jason Eftink, who lives right across from proposed intersection, appeared in opposition to the amended preliminary plat of Williamsburg. He suggested that other options than Autumn Drive be considered for the subdivision entrance. CONSENT AGENDA Approval of the August 7,2017,City Council regular session and closed session minutes. BILL NO. 17-116, an Ordinance providing for the levying of the annual City revenue tax; public health tax; Special Business District No. 2 tax; for the fiscal year ending on the 30th day of June, 2018. Second and Third Readings. BILL NO. 17-117, an Ordinance vacating the City's interest in a portion of a Utility Easement located in Walden Park Phase 3 Subdivision, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 17-118, an Ordinance vacating the Eastern Right-of-Way of Limbaugh Lane, near its intersection with Veterans Memorial Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 17-119, an Ordinance amending Schedule P of Section 26-248 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by establishing limited parking along a portion of North Park Avenue. Second and Third Readings. BILL NO. 17-120, an Ordinance amending Schedule T of Section 26-260 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by repealing handicapped parking Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 21,2017 JJ-578 along a portion of North Park Avenue. Second and Third Readings. BILL NO. 17-122, an Ordinance accepting a Permanent Utility Easement from Midamerica Hotels Corporation, located along Limbaugh Lane, in the City of Cape Girardeau,Missouri. Second and Third Readings. BILL NO. 17-123, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at 1429 Kurre Lane, in the City and County of Cape Girardeau, Missouri, from R-1 to C-1. Second and Third Readings. BILL NO. 17-124, an Ordinance granting a Special Use Permit to AB Commercial Properties, LLC, for purposes of constructing, maintaining, and operating a vehicle washing facility at 3451 and 3457 William Street, in the City and County of Cape Girardeau,Missouri. Second and Third Readings. BILL NO. 17-125, an Ordinance authorizing the City Manager to execute Amendment#1 to the State Block Grant Agreement with the Missouri Highways and Transportation Commission for Runway 02/20 Partial Overlay and Rehabilitation at the Cape Girardeau Regional Airport. Second and Third Readings. BILL NO. 17-132, a Resolution authorizing the City Manager to execute a License and Indemnity Agreement with Southeast Missouri State University, for installation of banners on light poles along Broadway, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 17-133, a Resolution authorizing the City Manager to execute the First Amendment to Aviation Fuels Contract with Eastern Aviation Fuels, Inc., for services at the Cape Girardeau Regional Airport. Reading and Passage. A Motion was made by Victor Gunn to approve and adopt the Consent Agenda. Motion failed for lack of a Second. A Motion was made by Joseph Uzoaru, Seconded by Bob Fox to remove Item 14 related to the approval of the amended preliminary plat of Williamsburg from the Consent Agenda. Council Member Joseph Uzoaru said he feels that the developer should address the concerns raised by the neighbors. He said that the Council does not have to approve the preliminary plat as presented because it contains variances. Council Member Robbie Guard abstained for financial reasons, due to his employment at MRV Banks. Motion passed. 6-0. Ayes: Essner, Fox, Gunn,Moore, Rediger, Uzoaru. Abstain: Guard. Procee rof the City Council, CURL gam,7Girardeaua . Session ' A Motion was made by Victor Gunn, Seconded by Joseph Uzoaru to approve and adopt the Consent Agenda as amended. $ Motion passed. 7-0. Ayes: Essner, Fox,Guard, Gunn, Moore, Rediger,Uzoaru. u, Bill No. 17-116 will be Ordinance 4998; Bill No. 17-117 will be Ordinance 4999; Bill No. 17-118 will be Ordinance 5000; Bill No. 17-119 will be Ordinance 5001; Bill No. 17-120 will be Ordinance 5002; Bill No. 17-122 will be Ordinance 5003; Bill No. 17-123 will be Ordinance 5004; Bill No. 17-124 will be Ordinance 5005; Bill No. 17-125 will be Ordinance 5006; Bill No. 17-132 will be Resolution 3103; and Bill No. 17-133 will be Resolution 3104. ITEMS REMOVED FROM CONSENT AGENDA Approval of the amended preliminary plat of Williamsburg. A Motion was made by Joseph Uzoaru, Seconded by Bob Fox to postpone. Council Member Robbie Guard abstained for financial reasons, due to his employment at MRV Banks. Motion passed by roll call. 4-2. Ayes: Fox, Moore, Uzoaru, Essner.Nays: Gunn,Rediger. Abstain: Guard. NEW ORDINANCES Bill No. 17-130, an Ordinance amending Ordinance No. 4318 authorizing the issuance of not to exceed $31,000,000 principal amount of Sewerage System Revenue Bonds (State of Missouri - Direct Loan Program) Series 2012 of the City of Cape Girardeau, Missouri. First Reading. Mayor Harry Rediger asked City Manager Scott Meyer to explain the situation related to Items 15 and 16. Mr. Meyer stated that Missouri Department of Natural Resources reduced the administrative charges which resulted in a cost saving to the City and to its sewer customers. A Motion was made by Victor Gunn, Seconded by Robbie Guard to approve. Motion passed. 7-0. Ayes: Essner,Fox, Guard, Gunn,Moore, Rediger,Uzoaru. Bill No. 17-131 an Ordinance amending Ordinance No. 4461 authorizing the issuance of not to exceed $3,250,000 principal amount of Sewerage System Revenue Bonds(State of Missouri - Direct Loan Program) Series 2013 A and not to exceed $35,750,000 principal amount of Sewerage System Revenue Bonds (State of Missouri - Direct Loan Program) Series 2013B of the City of Cape Girardeau, Missouri. First reading. A Motion was made by Robbie Guard, Seconded by Joseph Uzoaru to approve. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 21,2017 JJ-580 Motion passed. 7-0.Ayes: Essner,Fox, Guard,Gunn,Moore,Rediger,Uzoaru. BILL NO. 17-134, an Ordinance accepting a Permanent Utility Easement from Limbaugh Revocable Trust U/A/D August 20, 2014, located adjacent to 100 Broadway, in the City I/ of Cape Girardeau,Missouri. First Reading. A Motion was made by Robbie Guard, Seconded by Joseph Uzoaru to approve. Motion passed. 7-0. Ayes: Essner,Fox, Guard,Gunn,Moore, Rediger, Uzoaru. BILL NO. 17-135, an Ordinance vacating a 10 feet wide utility easement along the North side of Broadway, located adjacent to 400 Broadway, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Joseph Uzoaru, Seconded by Robbie Guard to approve. Motion passed. 7-0. Ayes: Essner, Fox,Guard,Gunn, Moore, Rediger, Uzoaru. APPOINTMENTS Appointment to the Tree Board A Motion was made by Robbie Guard, Seconded by Shelly Moore to appoint Robert Harris for a term expiring February 1, 2019. Motion passed. 7-0. Ayes: Essner,Fox, Guard,Gunn, Moore, Rediger, Uzoaru. MEETING ADJOURNMENT There being no further business,the meeting ended at 7:50 p.m. A Motion was made by Victor Gunn, Seconded by Robbie Guard to adjourn. Motion passed. 7-0. Ayes: Essner, Fox,Guard,Gunn, Moore,Rediger, Uzoaru. (79-9.3- Harry E. ReBiger, Mayor ian. Bruce Taylor, uty City Clerk ACTIiiiiib.i'N i ca• 10' .. tel;''' ffikre1n e; . l `'w*sae vm i Proceed of the City Council, Ccapg,Girardeaua . Session CLOSED SESSION—August 21,2017 9 z w CALL TO ORDER The Cape Girardeau City Council convened in closed session on August 21, 2017, at 6:00 p.m. with Mayor Harty Rediger presiding and Council Members Bob Fox, Robbie Guard, Victor Gunn, Shelly Moore,and Joseph Uzoaru present Municipal Judge Upcoming Evaluation and Contract Renewal City Manager Scott Meyer spoke about the upcoming expiration and renewal of the Municipal Judge contract He said that Judge Teresa Bright-Pearson is scheduled to attend the September 5, 2017, Closed Session with City Council to give a report of Court activities prior to the Council taking action on the Municipal Judge contract renewal,which is scheduled to be considered at the September 18, 2017, Closed Session. He spoke about the challenges that Municipal Courts have had due to State legislation in recent years. He noted that prior to the Judge's current renewal,she had reported to Council the challenges and additional requirements expected from Senate Bill 5. It was noted that additional changes have been made at the State level since that time. Council Members discussed concerns with crime rates in Cape Girardeau, and if the judicial system was hampering law enforcement. City Manager Scott Meyer stated that the Judge typically provides a Court report. He said he will ask the Judge to prepare a report on the Court's fimctioning, and on the effects of State regulations in order to facilitate discussion at the next meeting. ADJOURN A Motion was made by Victor Gunn, Seconded by Robbie Guard,to adjourn at 6:45 p.m. Motion passed by roll call 6-0.Ayes: Fox,Guard,Gunn,Moore,Rediger,Uzoaru. steCees..4sNao..., Redi er,Mayor I.:Z.:ete Taylor,Dey City Clerk -44 1 Proceedings of the City Council, City of Cape Girardeau, Mo. Closed Session August 21,2017 JJ-582 I THIS PAGE INTENTIONALLY LEFT BLANK.