Loading...
HomeMy WebLinkAboutCouncil.Minutes.08-01-2005.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 1, 2005 273 REGULAR SESSION—AUGUST 1,2005 The Cape Girardeau City Council convened in regular session on Monday,August 1,2005, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charlie Herbst, Matthew Hopkins, Marcia Ritter,Loretta Schneider and Debra Tracy present. City Attorney Eric Cunningham presented the invocation and the Pledge of Allegiance was recited. Prior to the regular session, the City Council convened in closed session for purposes of discussing property acquisition, litigation,confidential communications with the City Attorney, and personnel pursuant to RSMo. Section 610.021(1), (2) and (3) upon Mrs. Tracy's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Knudtson, Ritter, Schneider, and Tracy. Nays, none. [Herbst and Hopkins were absent for this vote.] The minutes of the July 18, 2005, regular and closed sessions were approved upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Ritter, Schneider and Tracy. Nays,none. The agenda was adopted upon Mrs. Boardman's motion, Mrs. Tracy's second, and the following vote: Ayes,Boardman, Herbst, Hopkins, Knudtson,Ritter, Schneider,and Tracy. Nays,none. COUNCIL COMMUNICATIONS Upon questioning by Mrs. Schneider, City Manager Doug Leslie reported on the status of the sidewalk project on Lexington. Once the construction is complete, it will be the responsibility of the property owners in residential areas to mow the area between the curb and sidewalk. The City will mow the large,open areas. Mrs. Boardman thanked the Police Department for their work on Hanover Street and for dealing with the recent heat related deaths. Mrs. Tracy thanked the City Manager and City Staff for their hard work on the Transportation Trust Fund election for the benefit of the City. Mr. Hopkins commended Airport Manager Bruce Loy and staff for a successful air show. He also commended Inspection Services Director, Robb McClary, for taking care of a recent driveway situation with a resident. Mayor Knudtson presented the following: 1. He commended Bruce Loy on a successful air show. With the success of the Friday evening show,the City may work towards more evening activities in future years. 2. He participated in a conference call on Friday about the announcement of funds earmarked in the Federal Highway Bill for the LaSalle/East Main interchange. Legislators worked hard on this funding, and it shows their commitment to Cape. All the parties involved will meet this week to work out the details. LaSalle is in the TTF 3 proposal,but there are other priorities on the list to consider in place of this project if necessary. Mr. Hopkins continued that the City of Jackson is voting on the Inter-Governmental Agreement at their meeting this evening, and the County Commission has a consensus on the agreement and will vote on it in the near future. Proceedings of the City Council, City of Cape Girardeau, Mo. Rpgnlar Session Aug»st 1, 20115 274 3. He commended staff for their hard work on TTF3 and urged all to vote on this issue on Tuesday. 4. Capaha Pool has been closed due to the inability to get parts to repair the pump. Mr. Leslie stated that the pump is 50 years old and will take ten weeks to get parts. All activities have moved to Central Pool. W CITY MANAGER'S COMMUNICATIONS Mr. Leslie reported on the following: 1. The Groundbreaking Ceremony will be Friday morning on the Kingshighway turn lane project at Cape Rock Drive. 2. The Linden Street project open house is scheduled for August 4 at the Cape County Health Department Office. PUBLIC HEARINGS This being the date set for a public hearing regarding the request of the Trust of Robert F. and Gertrude L. Shuck and Raycom America, Inc., (owner of KFVS-TV) to rezone 229 North Lorimier Street from R-4, Multi-Family Residential District, to C-3, Central Business District, this hearing was opened. Mr. Jim Robinson, attorney, appeared on behalf of the Shuck family. The property has been vacant for years, and the family is selling the property to KFVS. Mr. Mike Smythe of Raycom Media appeared and explained that Raycom had a lease for a parking area with Zimmer Radio; however, this was lost this when the business was sold. All employees of KFVS are now parking on the streets. Raycom is purchasing the Shuck property to turn it into a parking lot. The Planning and Zoning Commission said they should put up a stockade fence between the parking lot and the property next to it, and Raycom has agreed to do this. There being no further appearances, the hearing was closed. BILL NO. 05-167 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 229 NORTH LORIMIER STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 TO C-3 The first reading of BILL NO. 05-167 was approved upon Mr. Herbst's motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. This being the date set for a public hearing regarding the property tax rates proposed to be set by the City of Cape Girardeau for the fiscal year beginning July 1, 2005, and the real property tax rate proposed to be set for the Special Business District No. 2 for the fiscal year beginning July 1, 2005,this hearing was opened. There being no appearances this hearing was closed. BILL NO. 05-169 was given first reading as follows: AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; LIBRARY FUND TAX; PUBLIC HEALTH TAX; SPECIAL BUSINESS DISTRICT TAX NO. 2; FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, 2006 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 1,2005 The first reading of BILL NO. 05-169 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. APPEARANCES Mr. James Childers, Manager for Texas Roadhouse, appeared and requested approval of the liquor license for this establishment. Access to the restaurant will be from Doctor's Park Drive as well as the rear of Cracker Barrel. Mrs. Tracey made a motion, seconded by Mrs. Schneider. to conditionally approval a retail liquor by the drink and Sunday sales liquor license for Cape Roadhouse, d/b/a Texas Roadhouse, 13 Doctor's Park Drive, Brian Judd,Managing Officer. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 05-159 AN ORDINANCE ACCEPTING A PERMANENT UTILITY EASEMENT FROM LOWES HOME CENTER, INC., FOR WATERLINE IMPROVEMENTS BILL NO. 05-160 AN ORDINANCE APPROVING THE RECORD PLAT OF DSWD INDEPENDENCE SUBDIVISION NO. 3 BILL NO. 05-161 AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR WORK RELATED TO THE SOUTH RAMSEY BRANCH LIFT STATION AND FORCE MAIN PROJECT, IN THE CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. 05-162 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER CHAPTER 53 (5311)OF TITLE 49,UNITED STATES CODE BILL NO. 05-157 AN ORDINANCE APPROVING THE RECORD PLAT OF THE VILLAS OF WEST PARK Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the second and third readings of BILL NOs. 05-159,05-160, 05-161, 05-162, and 05-157 and adopt the ordinances. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-159 is ORDINANCE NO. 3528; BILL NO. 05- 160 is ORDINANCE NO. 3529; BILL NO. 05-161 is ORDINANCE NO. 3530; BILL NO. 05- 162 is ORDINANCE NO. 3531; BILL NO. 05-157 is ORDINANCE NO. 3532. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 1,7005 276 • NEW ORDINANCES BILL NO. 05-166 was given first reading as follows: F AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE W BY ESTABLISHING SPEED LIMITS ON SIEMERS DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-166 was approved upon Ms. Ritter's motion, Mrs. Tracy's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider, and Tracy. Nays,none. BILL NO. 05-171 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A GENERAL WARRANTY DEED TO ALLIANCE BANK FOR REAL PROPERTY LOCATED IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-171 was approved upon Mrs. Boardman's motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Knudtson, Ritter, Schneider and Tracy. Nays, none. Mr. Hopkins abstained for financial reasons; he has a business relationship with Alliance Bank. Upon questioning by Ms. Ritter, Mr. Leslie explained that this is for property bordering Public Works Property on North Kingshighway at Alliance Bank and will straighten out the property line. BILL NO. 05-170 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM ALLIANCE BANK FOR A PROPERTY TRANSFER BETWEEN ALLIANCE BANK AND THE CITY OF CAPE GIRARDEAU The first reading of BILL NO. 05-170 was approved upon Mr. Herbst's motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Knudtson, Ritter, Schneider and Tracy. Nays, none. Mr. Hopkins abstained for financial reasons; he has a business relationship with Alliance Bank. BILL NO. 05-173 was given first reading as follows: AN ORDINANCE AMENDING ORDINANCE NO. 3520 APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, DEBT SERVICE PAYMENTS, CAPITAL EXPENDITURES, AND TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2005, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 05-173 was approved upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. BILL NO. 05-174 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF DEEVERS FARM-PHASE I SUBDIVISION Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 1, 2005 277 The first reading of BILL NO. 05-174 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. i RESOLUTIONS BILL NO. 05-175 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH CAPE CUSTOM HOMES, L.L.C., AND REGIONS BANK FOR THE DEEVERS FARM-PHASE I SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 05-175 was approved and the resolution adopted upon Ms. Ritter's motion, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-175 is RESOLUTION NO. 2090. Ms. Ritter asked how many acres are in the entire subdivision development, including all phases. Mr. Michael Jones stated there are 48 acres. BILL NO. 05-163 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING SERVICES CONTRACT WITH HENEGHAN AND ASSOCIATES, P.C., FOR INDEPENDENCE STREET IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 05-163 was approved and the resolution adopted upon Mrs. Boardman's motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-163 is RESOLUTION NO. 2091. BILL NO. 05-165 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROPOSAL TO MANAGE RECYCLABLE MATERIALS WITH ISI ENVIRONMENTAL & RECYLING, L.L.C./INTER-RAIL SYSTEMS, INC. The reading of BILL NO. 05-165 was approved and the resolution adopted upon Mr. Herbst's motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-165 is RESOLUTION NO. 2092. Mayor Knudtson stated he has had numerous phone calls from commercial entities asking why they can't participate in the recycling program. He requested Mr. Leslie to look into the feasibility of working on a recycling program for commercial businesses. Mr. Leslie stated that this contract will provide approximately$10,000 more in annual revenue and allow the addition of plastic grocery bags for pickup. In addition, approximately seven or eight years ago the City stopped offering commercial solid waste pickup. and the recycling program is supported by residential solid waste fees. Public Works will look into accepting cardboard from commercial businesses after the move to the new building. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 1,2005 27R BILL NO. 05-168 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A a SUPPLEMENTAL LEASE AGREEMENT WITH THE U. S. GENERAL SERVICES ADMINISTRATION FOR OFFICE SPACE AT THE CAPE GIRARDEAU REGIONAL W AIRPORT The reading of BILL NO. 05-168 was approved and the resolution adopted upon Mr. Hopkins' motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-168 is RESOLUTION NO. 2093. BILL NO. 05-172 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CLAIMS ADMINISTRATION AGREEMENT WITH CORPORATE CLAIMS MANAGEMENT, INC., FOR THE ADMINISTRATION OF WORKERS' COMPENSATION CLAIMS FOR THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 05-172 was approved and the resolution adopted upon Mr. Herbst's motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 05-172 is RESOLUTION NO. 2094. Mr. Leslie explained the function of this company and the services it provides. Ms. Ritter would like to see the trends of the City's workers' compensation claims. LIQUOR LICENSE Mrs. Boardman made a motion, seconded by Mrs. Schneider, to approve a temporary 5% beer by the drink license for Southeast Missouri Hospital Foundation d/b/a Southeast Showcase Food and Beverage Party to be held at the Show Me Center October 28-30, 2005. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Ritter, Schneider and Tracy. Nays, none. Mayor Knudtson abstained for financial reasons; he is a trustee at the hospital. OTHER Mr. Herbst made a motion, seconded by Mrs. Tracy, to grant a request for an out-of-district sewer connection from George H. Wrape, Jr., at 2320 Perryville Road in Sewer District 14-R-3. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. Mr. Herbst made a motion, seconded by Mrs. Schneider,to approve the preliminary plat of Willow Park Neighborhood. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. Mr. Herbst made a motion, seconded by Mrs. Schneider to accept into the city's system the streets, sanitary sewers, water lines and storm sewers in the dedicated right-of-way in Ashland Court Phase III and authorizing the release of the escrow covering these improvements. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 1,2005 279 Mrs. Tracy made a motion, seconded by Ms. Ritter, to set the date for a special City Council meeting for Monday, August 8, 2005, at 4 p.m., to declare the results of the August 2, 2005, special municipal election. The motion was approved upon the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson,Ritter, Schneider and Tracy. Nays,none. There being no further business, the City Council adjourned upon Mrs. Tracy's motion, Mrs. Boardman's second and the following vote: Ayes,Boardman, Herbst, Hopkins, Knudtson,Ritter, Schneider and Tracy. Nays,none. �4 ,f'.��.... �jr:- t. i . Knudtson ayor • 0 U I)�AO� Gale L. nrad Ci Clerk Y � h' Proceedings of the City Council, City of Cape Girardeau, Mo. Session 280 THIS PAGE INTENTIONALLY LEFT BLANK. F Z W