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HomeMy WebLinkAboutCouncil.Minutes.09-19-2005.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 19,2005 307 REGULAR SESSION—SEPTEMBER 19,2005 The Cape Girardeau City Council convened in regular session on Monday, September 19, 2005, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charlie Herbst, Matthew Hopkins, Loretta Schneider and Debra Tracy present. Marcia Ritter was . absent. Rev. Scott Moon of Grace United Methodist Church 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, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider, and Tracy. Nays,none. The minutes of the September 6, 2005, regular and closed sessions were approved upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson, Schneider and Tracy. Nays,none. The agenda was adopted upon Mrs. Boardman's motion, Mrs. Schneider's second, and the following vote: Ayes,Boardman,Herbst,Hopkins,Knudtson, Schneider and Tracy. Nays,none. COUNCIL COMMUNICATIONS Mrs. Tracy thanked the Fire Department for information regarding the CERT program. Classes will begin October 19, with five sessions each Wednesday from 8 a.m. to noon. She suggested everyone consider participating in this program. Upon questioning by Mrs. Boardman, City Manager Doug Leslie reported that the HOG Rally went very well. The HOG Rally officials indicated this was a good experience; however, they would like to see more hotel rooms. Police Chief Steve Strong also reported on activities from the rally. Mayor Knudtson commended all city departments for their hard work to clean up the City before the rally. Mayor Knudtson presented the following information: 1. Ms. Ritter is still working in Louisiana on the Katrina disaster. 2. Police Chief Strong has announced his retirement as Chief, and Captain Carl Kinnison has been appointed the new Chief. 3. Five Rotarians from the Philippines visited City Hall today as part of a Rotary Exchange Program. He and Mr. Leslie presented information to them about city government. There will be a group from Cape going to the Philippines in April. CITY MANAGER'S COMMUNICATIONS Mr. Leslie introduced Nancy Jernigan of Vision 2020 to present information on the Neighborhood Nights Program. Ms. Nancy Jernigan explained that Vision 2020 began the Neighborhood Nights Program last year to encourage neighborhoods to come together and get to know each other. The program is based on a national event. She encouraged everyone, during the month of October,to host a block party Proceedings of the City Council, City of Cape Girardeau, Mo. Regi119r Session September 19, 200.5 308 in their neighborhood. Program packets are available in City Hall. She challenged Council Members to plan an event in their ward. Mayor Knudtson presented a proclamation declaring October as Neighborhood Nights Month. 2 Fire Chief Rick Ennis and Police Chief Steve Strong presented updates on the Public Safety Trust Fund, including equipment purchases,ongoing capital projects, and personnel changes. Mr. Tim Gramling, Public Works Director, reported on the results of the City Auction. The City made over $46,000, and the proceeds will be placed in the equipment replacement fund for future equipment purchases. He thanked Public Works employees C.T. Hendricks and Debbie Hillis for their work on the auction. Mr. Leslie announced that the Public Works move to the new facilities will be complete by the end of the month. Mrs. Tracy thanked the staff at Public Works for their expedient response to issues. APPEARANCES Mr. Robert Shamblin, 320 South Ellis, appeared in opposition to the request for a liquor license in the 400 block of South Sprigg. He stated that there is a church at the corner of Jefferson and Frederick, and this area is already bad enough without adding more alcohol to it. Mr. Richard Kuntze appeared representing Cape Harmony Enterprises on the liquor license request in the 400 block of S. Sprigg. Mr. Kuntze stated the developers want to improve this area. They are planning a dinner theatre as well as additional improvements instead of just being another tavern. The building has off street parking for 55 vehicles. Upon questioning by Ms. Tracy, Mr. Randy Bailey, co-owner of the proposed establishment, explained that he has met with the Fire Marshall, and the occupancy load will be at 200 people with an additional 50 people in the dinner theatre. He, along with co-owner Jeff Robinson, explained the planned improvements for this premise. Mr. Shamblin again appeared and stated that after hearing the owners speak about the business, he now feels this establishment will bring in a better clientele, and he would not oppose the license. Mrs. Boardman made a motion, seconded by Mr. Hopkins, to conditionally approve a retail liquor by the drink and Sunday sales license for Cape Harmony Enterprises, LLC, d/b/a The Cape Club Complex, 433 South Sprigg, Jeffery Robinson, Managing Officer. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. Ms. Teresa Hellwege, a resident on North Frederick, appeared and read a statement discussing several issues, including ways the city could better clean up the trash in the streets, the need for a pedestrian signal at Sprigg and North streets, ways the city could improve the safety of citizens at Halloween, and the civil rights of individuals in residential care facilities. She also suggested that the City of Cape Girardeau change its name to simply "Cape" since many people already use that shortened version of the City's name. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 19, 2005 309— CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 05-186 AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO COMPONENT ASSEMBLY REGULATIONS IN GENERAL COMMERCIAL DISTRICTS BILL NO. 05-189 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SHERMAN SWAN, SYVILLA SWAN, FRANK STINNETT, REBECCA STINNETT AND BETH McFERRON, FOR THE PURPOSES OF MAINTAINING AND OPERATING A DAY CARE CENTER AT 1200 RANNEY STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI BILL NO. 05-190 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DRURY LAND DEVELOPMENT, INC., AND D & B PROPERTIES, INC., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A SONIC DRIVE-IN RESTAURANT AT 262 SIEMERS DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 05-192 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF A PORTION OF 211 ST. FRANCIS DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM C-2 TO C-3 BILL NO. 05-188 AN ORDINANCE APPROVING THE RECORD PLAT OF CHARLIE'S PLACE SUBDIVISION BILL NO. 05-191 AN ORDINANCE AUTHORIZING EXECUTION OF AN AIR TRAFFIC CONTROL TOWER OPERATING ASSISTANCE GRANT AGREEMENT BETWEEN THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AND THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR THE CAPE GIRARDEAU REGIONAL AIRPORT BILL NO. 05-193 AN ORDINANCE APPROVING THE RECORD PLAT OF ROLLINS PLACE SUBDIVISION BILL NO. 05-198 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 15-E, A SUBDIVISION OF TRUNK SEWER DISTRICT 15, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 05-200 AN ORDINANCE AMENDING CHAPTER 29 OF THE CITY CODE RELATING TO APPLICATIONS FOR UTILITIES Proceedings of the City Council, City of Cape Girardeau, Mo. R.eptlar Session September 19,2005 11D— BILL NO. 05-204 AN ORDINANCE AMENDING ORDINANCE NO. 2451 IN CONNECTION WITH CERTAIN OUTSTANDING BONDS OF THE CITY AND PRESCRIBING RELATED MATTERS BILL NO. 05-203 AN ORDINANCE APPROVING THE RECORD PLAT OF THE HIGHLANDS AT DALHOUSIE—PHASE III BILL NO. 05-202 AN ORDINANCE APPROVING THE RECORD PLAT OF COYOTE CREEK ESTATES BILL NO. 05-199 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-F-11, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1-F, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mr. Hopkins,to approve the second and third readings of BILL NOs. 05-186, 05-189, 05-190, 05-192, 05-188, 05-191, 05-193, 05-198, 05-200, 05-204, 05-203, 05-202 and 05-199 and adopt the ordinances. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays, none. BILL NO. 05-186 is ORDINANCE NO. 3547; BILL NO. 05-189 is ORDINANCE NO. 3548; BILL NO. 05-190 is ORDINANCE NO. 3549; BILL NO. 05-192 is ORDINANCE NO. 3550; BILL NO. 05-188 is ORDINANCE NO. 3551; BILL NO. 05-191 is ORDINANCE NO. 3552; BILL NO. 05-193 is ORDINANCE NO. 3553; BILL NO. 05-198 is ORDINANCE NO. 3554; BILL NO. 05-200 is ORDINANCE NO. 3555; BILL NO. 05-204 is ORDINANCE NO. 3556; BILL NO. 05-203 is ORDINANCE NO. 3357; BILL NO. 05-202 is ORDINANCE NO. 3558; BILL NO. 05-199 is ORDINANCE NO. 3559. NEW ORDINANCES BILL NO. 05-205 was given first reading as follows: AN ORDINANCE ACCEPTING A WATER LINE EASEMENT AND SANITARY SEWER EASEMENTS FROM VARIOUS PROPERTY OWNERS, FOR THE IMPROVEMENT OF DEEVERS FARM SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 05-205 was approved upon Mr. Herbst's motion, Mrs. Schneider's second and the following vote: Ayes: Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. BILL NO. 05-206 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF THE LOCHS AT DALHOUSIE — PHASE II The first reading of BILL NO. 05-206 was approved upon Mr. Herbst's motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. BILL NO. 05-207 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 19, 2005 AN ORDINANCE APPROVING THE RECORD PLAT OF THE LOCHS AT DALHOUSIE CORRECTED AMENDED m z The first reading of BILL NO. 05-207 was approved upon Mrs. Boardman's motion,Mr. Hopkins' . second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. BILL NO. 05-208 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF DEER VALLEY TOWNHOUSES 3 The first reading of BILL NO. 05-208 was approved upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Schneider and Tracy. Nays, none. Mayor Knudtson abstained for financial reasons; one of the applicants has a business relation with the bank where he works. BILL NO. 05-209 was given the first reading as follow: AN ORDINANCE AMENDING SCHEDULE R OF SECTION 26-248 OF THE CITY CODE BY ESTABLISHING A 30-MINUTE PARKING ZONE ON MERRIWETHER STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. 05-209 was approved upon Mrs. Tracy's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. APPOINTMENTS Mayor Knudtson made a recommendation that Ms. Sheryl Smith be appointed to the Public Library Board for a term expiring June 30, 2008. Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve the Mayor's recommendation. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays, none. LIQUOR LICENSES Mrs. Boardman made a motion, seconded by Mrs. Tracy, to approve a 5% beer by the drink and Sunday sales liquor license for Minjet Shi d/b/a Shogun Japanese Steakhouse, Inc., 289-A South Broadview, Minjet Shi, Managing Officer. The motion was approved upon the following vote: Ayes,Boardman, Herbst,Hopkins,Knudtson, Schneider and Tracy. Nays,none. Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve a retail liquor by the drink license for Bradley G. Robey, d/b/a Fusion Lounge, 2 North Main, Bradley Robey, Managing Officer. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. OTHER Mr. Hopkins made a motion, seconded by Mrs. Boardman to accept into the city's system the sanitary sewer improvements as shown on the record plans for Cape Rock Woods Town Homes. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Schneider Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 19,2005 312 and Tracy. Nays, none. Mayor Knudtson abstained for financial reasons; one of the developers has a business relation with the bank where he is employed. a Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the improvements plans for 8 Country Lane Sewer. The motion was approved upon the following vote: Ayes, Boardman, W Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays,none. Mrs. Tracy made a motion, seconded by Mrs. Schneider to approve the improvement plans for streets, storm sewers, water main extension and sanitary sewers to serve Kell Farm Drive from Richmond Drive to Arnold Drive. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson, Schneider and Tracy. Nays,none. The City Council discussed the recommendations of the Charter Review. Mrs. Schneider stated she felt the recommendation which eliminates the clause for a quorum is not clear. Mayor Knudtson continued that it should state that it is only for the purpose of filling vacancies during catastrophic situations and that is the only action that can be taken without a quorum. Mr. Eric Cunningham, City Attorney, reviewed the language of the charter requiring quorums. Following further discussion, Mrs. Boardman made a motion, seconded by Mr. Hopkins, to accept the recommendation as presented by the Charter Review Committee. Mrs. Schneider made an amending motion to add language "for purpose of filling vacancies" as recommended by Mr. Cunningham. Following discussion, the motion to approve the amendment was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Schneider and Tracy. Nays, none. The motion to approve the recommendations as amended was approved upon the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson, Schneider and Tracy. Nays,none. Mayor Knudtson asked what the Council's choice was for election dates, letting them know they had until the October 17`x'meeting for the first reading of an ordinance calling a February election. Following comments, it was agreed this should be placed on the next agenda for discussion. Mr. Hopkins made a motion, seconded by Mr. Herbst,to change the City Council meeting dates in 2006 as follows: Monday, January 2,New Year's Day observed,to Monday,January 9 Monday, January 16, M.L. King Jr. Day,to Monday,January 23 Monday, February 20, President's Day,to Tuesday, February 21 Monday, September 4, Labor Day to Tuesday, September 5 The motion was approved upon the following vote: Ayes, Boardman,Herbst, Hopkins,Knudtson, Schneider and Tracy. Mr. Leslie stated that Tom Hinkebein from the Fire Department has announced his retirement after 33 years of service. I/ There being no further business, the City Council adjourned to closed session for purposes of discussing confidential communications with the City Attorney and personnel, pursuant to RSMo. Section 610.021(1) and (3)upon Mrs. Schneider's motion,Mr. Hopkins' second and the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson, Sc er and Tracy. Nays,none. I L!1%L07 F : 'Knudtson Mayor Gayle L.Qinrad, City Clerk