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HomeMy WebLinkAboutCouncil.Minutes.07-05-2005.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 5,2005 249 REGULAR SESSION—July 5,2005 rn The Cape Girardeau City Council convened in regular session on Tuesday, July 5, 2005, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Matthew Hopkins, Marcia Ritter and Loretta Schneider present. Council Members Charlie Herbst and Debra Tracy were absent. The invocation was presented by City Attorney Eric Cunningham, and the Pledge of Allegiance was recited. • Prior to and after 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. Boardman's motion, Mr. Hopkins' second the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter, and Schneider. Nays,none. The minutes of the June 20, 2005, regular and closed sessions were approved upon Mrs. Schneider's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson,Ritter and Schneider. Nays,none. The agenda was adopted upon Mrs. Boardman's motion, Mrs. Schneider's second, and' the following vote: Ayes,Boardman,Hopkins,Knudtson,Ritter and Schneider. Nays,none. • COUNCIL COMMUNICATIONS Mrs. Schneider commended Doug Austin and Tracey Glenn for their work on the anti-litter campaign. Mayor Knudtson announced that there will be a mural dedication ceremony this Thursday at noon on Water Street, and a dinner will be held that evening. Mayor Knudtson congratulated City Manager Doug Leslie and the City Staff for getting Water Street done for the July 4th celebration. Regarding the City's anti-litter campaign, Mayor Knudtson explained how he previously issued a challenge to have the City clean by July 4th, and this has been done. The goal now will be to continue the commitment to keep the City clean. Mrs. Schneider continued that if anyone sees people littering, they should report the littering through crime stoppers hotline. The violator will be sent a letter through the Police Department, and the person reporting the violation will not have to sign a formal complaint. Mr. Hopkins stated there are significant piles of cigarette butts and trash at Mt. Auburn and William, and he questioned whether MoDOT ever cleans this area. Mr. Leslie responded that the city sweeps some state routes when they have time, and the state only has one sweeper for the whole district. Mayor Knudtson commended Old Town Cape for the success of Libertyfest. The coordinators of Libertyfest presented the City with a plaque in appreciation for its support of the event. Mayor Knudtson expressed concern with the activities occurring in the South Hanover area, specifically the incident that occurred on the 4th of July. Police Chief Steve Strong reviewed the events that occurred that evening and how the situation was handled by the police officers. The Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 5, 2005 _260_ council discussed the issue and expressed support for the Police Department and their efforts to take care of these types of problems. F Mayor Knudtson expressed concern that the bridge lights are out again due to a transformer problem, and questioned what the city was doing to hold MoDOT responsible for keeping the lights working. Mr. Leslie responded that the City will meet with MoDOT to discuss the problem. Mrs. Schneider commended the Fire Department for the open house to display all the new equipment from the Fire Tax. Fire Chief Rick Ennis explained that one ladder truck will be received in the fall, two pumper trucks in early 2006, and one pumper truck in the fall of 2006 to be placed at the new Fire Station No. 3 CITY MANAGER'S COMMUNICATIONS Mr. Bruce Loy, Airport Manager gave a presentation on the Heroes and Legends Air Show to be held July 9-11, 2005. In addition,he reported that in the fall semester, the Career and Technology Center will start an aviation program for high school students, which will include five hours of basic flight training. This program will be funded by the state. Chief Ennis reported on Fire Department activities over the July 4th weekend, including the number of fire calls as result of fireworks. Chief Strong reported on Police Department responses for July 4th as well, including the number of calls for fireworks. Mayor Knudtson stated that the new ordinances approved two years ago are making headway in reducing the number of calls. Mayor Knudtson asked city staff to present in the future any recommendations they have for changes in the fireworks ordinances.. Mr. Doug Austin appeared on behalf of Vision 2020 and presented a plaque to Bill Dockins, Max Stovall, Sonny Minor and Joe Anders, recognizing the Kiwanis Club for their donation of an Outdoor Warning System to be placed in Kiwanis Park. PUBLIC HEARINGS This being the date set for a public hearing regarding the request of Dalhousie L.L.C. to rezone The Lochs Subdivision located on the southern end of the proposed development at the Dalhousie Golf Course to R-2, Single-Family Residential District, from an R-1, Single-Family Residential District,the hearing was opened. There being no appearances,this hearing was closed. BILL NO. 05-137 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 THE SOUTHERN END OF THE PROPOSED DEVELOPMENT SITE AT DALHOUSIE GOLF COURSE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-2 The first reading of BILL NO. 05-137 was approved upon Ms. Ritter's motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter and Schneider. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 5, 2005 -- APPEARANCES Mr. Don Howard appeared regarding problems with fireworks wars that occurred over the last week. Mr. Howard stated these occurrences are a violation of city ordinance and should be a felony. He continued that the Council and the Police Department need to make a commitment to prevent violations or ban all fireworks to prevent property damage and bodily harm. Ms. Ritter requested that the final fireworks report from the Police Chief be divided up to show the number of incidents from individual quadrants or wards. CONSENT ORDINANCES The following bills were given second and third readings. BILL NO. 05-132 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM THE PLUNK FAMILY REVOCABLE LIVING TRUST AND RAYMOND SMITH FOR THE IMPROVEMENT OF BROADWAY BETWEEN PERRY AVENUE AND HOUCK PLACE BILL NO. 05-138 AN ORDINANCE APPROVING THE RECORD PLAT OF DKR 9T" SUBDIVISION BILL NO. 05-139 AN ORDINANCE APPROVING THE RECORD PLAT OF MELROSE PLACE VI BILL NO. 05-140 AN ORDINANCE APPROVING THE RECORD PLAT OF NORTH POINTE CENTER SECOND ADDITION BILL NO. 05-142 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH CAPE GIRARDEAU PUBLIC SCHOOL DISTRICT NO. 63 AT BLANCHARD ELEMENTARY FOR CERTAIN IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. 05-143 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 BY REPEALING THE STOP SIGN LOCATED ON WATER STREET AT BROADWAY,IN THE CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. 05-144 AN ORDINANCE AMENDING SCHEDULE J OF SECTION 26-136 OF THE CITY CODE BY MAKING WATER STREET A SOUTHBOUND ONE WAY STREET FROM BROADWAY TO INDEPENDENCE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 05-145 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE BY ESTABLISHING A NO PARKING ZONE ON THE WEST SIDE OF WATER STREET FROM BROADWAY TO INDEPENDENCE STREET, AND ESTABLISHING ANGLED PARKING STALLS ON THE EAST SIDE OF WATER STREET Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 5, 2005 262 FROM BROADWAY TO INDEPENDENCE STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. 05-146 AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE BY ESTABLISHING HANDICAP PARKING ON A PORTION OF WATER STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. 05-147 AN ORDINANCE 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 BILL NO. 05-148 AN ORDINANCE ACCEPTING SANITARY SEWER, UTILITY AND ACCESS EASEMENTS FROM NORTH POINTE CENTER, L.L.C., FOR THE SANITARY SEWER TO SERVE NORTH POINTE CENTER FIRST ADDITION SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU,MISSOURI Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the second and third readings of BILL NOs. 05-132, 05-138, 05-139, 05-140, 05-142, 05-143, 05-144, 05-145, 05-146, 05-147 and 05-148 and adopt the ordinances. Mr. Hopkins made a motion, seconded by Mrs. Boardman, to amended BILL NO. 05-147 to include the changes stated in City Council Letter number 227, relating to the amount for public works and public safety capital improvements. The amending motion was approved upon the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter and Schneider. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter and Schneider. Nays, none. BILL NO. 05-132 is ORDINANCE NO. 3511; BILL NO. 05-138 is ORDINANCE NO. 3512; BILL NO. 05-139 is ORDINANCE NO. 3513; BILL NO. 05-140 is ORDINANCE NO. 3514; BILL NO. 05-142 is ORDINANCE NO. 3515; BILL NO. 05-143 is ORDINANCE NO. 3516; BILL NO. 05-144 is ORDINANCE NO. 3517; BILL NO. 05-145 is ORDINANCE NO. 3518; BILL NO. 05-146 is ORDINANCE NO. 3519; BILL NO. 05-147 is ORDINANCE NO. 3520; BILL NO. 05-148 is ORDINANCE NO. 3521. NEW ORDINANCES BILL NO. 05-130 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY CODE RELATING TO ANIMALS The first reading of BILL NO. 05-130 was approved upon Mr. Hopkins' motion, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter and Schneider. Nays,none. BILL NO. 05-150 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 5,2005 263_ AN ORDINANCE APPROVING THE RECORD PLAT OF THE LOCHS AT DALHOUSIE— AMENDED The first reading of BILL NO. 05-150 was approved upon Mrs. Boardman's/notion,Mr. Hopkins' a second and the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter d Schneider. Nays, none. BILL NO. 05-151 was given first reading as follows: AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR A REMNANT OF THE OLD MISSISSIPPI BRIDGE, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 05-151 was approved upon Mrs. Schneider's motion, Mr. Hopkins' second and the following vote: Ayes,Boardman,Hopkins,Knudtson, Ritter and Schneider. Nays, none. BILL NO. 05-155 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH THE CITY OF JACKSON, MISSOURI, THE COUNTY OF CAPE GIRARDEAU, MISSOURI AND THE SOUTHEAST MISSOURI UNIVERSITY FOUNDATION, FOR THE LASALLE/EAST MAIN INTERCHANGE PROJECT, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-155 was approved upon Ms. Ritter's motion, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter and Schneider: Nays, none. Mayor Knudtson thanked the Council for trusting in him to participate in the negotiations on this project. BILL NO. 05-156 was given three readings as follows: AN ORDINANCE AUTHORIZING THE CITY OF CAPE GIRARDEAU, MISSOURI TO AMEND A PROMISSORY NOTE TO MONTGOMERY BANK The first, second and third readings of BILL NO. 05-156 were and the ordinance adopted approved upon Mrs. Boardman's motion, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter and Schneider. Nays, none. Mr. John Richbourg, Finance Director, explained the purpose of the refinancing for the old Public Works site. City Attorney Eric Cunningham stated this meets the requirements for emergency reading. BILL NO. 05-156 is ORDINANCE NO. 3522. RESOLUTIONS BILL NO. 05-152 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SAFE HOUSE FOR WOMEN, INC., FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES – DMSION OF FAMILY SERVICES Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 5,2005 264 The reading of BILL NO. 05-152 was approved and the resolution adopted upon Mrs. Schneider's motion, Mrs. Boardman's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, �! Ritter and Schneider. Nays,none. BILL NO. 05-152 is RESOLUTION NO. 2086. BILL NO. 05-153 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SALVATION ARMY OF CAPE GIRARDEAU FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES — DIVISION OF FAMILY SERVICES The reading of BILL NO. 05-153 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter and Schneider. Nays,none. BILL NO. 05-153 is RESOLUTION NO. 2087. BILL NO. 05-154 was presented as follows: A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A LOCAL RECORDS PRESERVATION GRANT FROM THE MISSOURI SECRETARY OF STATE, AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 05-154 was approved and the resolution adopted upon Mrs. Schneider's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter and Schneider. Nays, none. BILL NO. 05-154 is RESOLUTION NO. 2083. Mayor Knudtson commended staff for their expertise in writing and securing many grants for the City. OTHER Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the preliminary plat of Victorian Estates. Upon questioning by Mr. Hopkins, City Planner Kent Bratton explained that the realignment of Lombardo is included in the CIP for this fiscal year, and the engineering needs to be completed. Mr. Hopkins stated he wants to make this a priority. The motion was approved upon the following vote; Ayes,Boardman, Hopkins, Knudtson,Ritter and Schneider. Nays,none. Ms. Ritter made a motion, seconded by Mrs. Schneider, to accept into the City's system the sanitary sewer extension serving McLane Outlot No. 1, Sewer District No. 12-N-1-A, and to authorize the release of the escrow covering the improvements. This motion was approved upon the following vote: Ayes, Boardman,Hopkins,Knudtson, Ritter and Schneider. Nays,none. There being no further business, the City Council adjourned upon Mrs. Boardman's motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter and Schneider. Nays,none. 01.' /101 4 '0 udtson Mayor I! I/ '164,b6<__ Gayle L. c , Clerk '�, ad City