Loading...
HomeMy WebLinkAboutCouncil.Minutes.03-20-2006.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 20, 2006 FF-31 Fnnann1n7nw REGULAR SESSION—MARCH 20,2006 The Cape Girardeau City Council convened in regular session on Monday, March 20, 2006, 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. Rev. Bob Towner of Christ Episcopal Church presented the invocation, and Cory Bunger of Boy Scout Troop 8 led the Pledge of Allegiance. Prior to the regular session,the City Council convened in closed session for purposes of discussing property acquisition, personnel, litigation, and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1), (2) and (3) upon Mrs. Tracy's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. The minutes of the March 6, 2006, regular and closed sessions were approved upon Ms. Ritter's motion, Mrs. Schneider'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. Mayor Knudtson, Police Chief Carl Kinnison and Police Corporal Ike Hammonds presented certificates to the graduates of the Cape Girardeau Citizens Police Academy and reviewed the curriculum of the academy. APPEARANCES Mr. Buz Sutherland, Director of the Small Business Development Center presented a report on the activities and services offered by the center, including many changes that have occurred over the last year. Mr. Herbst made a motion, seconded by Ms. Ritter to authorize the investment of$6,000 to the Small Business Development Center. The motion was approved upon the following vote: Ayes, Boardman,Herbst,Hopkins,Knudtson,Ritter, Schneider and Tracy. Nays,none. COUNCIL COMMUNICATION Mrs. Tracy reported on the Keep America Beautiful Pre-Certification Workshop that was held today. She encouraged Boy Scouts to work on merit badges for anti-litter and beautification in the City. The Technology Sub-Committee teams will be completing a litter survey of the entire city. Council members can refer to her the names of people that may be interested in serving on the survey committee, and she will pass their names on to the Technology Committee. CITY MANAGER COMMUNICATIONS Mr. Leslie reported on the impact of the sale of the taxi service to the Cape County Transit Authority. The City will work with the Director to work out the details. He also reported that City Attorney Eric Cunningham and Finance Director John Richbourg have been working to form two tax-exempt foundations for the City. The Public Safety Foundation has Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 20, 2006 FF-32 E0060010/DW now received Section 501(c)(3) tax-exempt status, and the Cape Girardeau Municipal Development Foundation should have the same status soon. These corporations will allow individuals to make tax-deductible donations to their area of interest in the City. Mr. Leslie thanked Public Information Manager Tracey Glenn and Old Town Cape Director Tim Arbeiter for their work on the Keep America Beautiful program and workshop. APPEARANCES Mr. Ken Inman appeared regarding the sign ordinance and requested the issue be tabled because he did not receive copy of the ordinance. In addition, his business supports and promotes many charities, and he asked if signs and banners for these activities, as well as for small businesses, could be exempt from the ordinance. Mr. Leslie stated that the City did incorporate the suggestions that he presented at the last meeting. Mayor Knudtson continued that there are issues involving businesses with banners especially on Kingshighway that are on right-of-way and not maintained. The question is where to stop for charities. Mrs. Tracy explained that some banners may be put in a frame and still be put up and posted. Mr. Inman stated he feels the City is going too far with some of the ordinance, but he does agree with the proposed changes. The council discussed enforcement of the ordinance as well as ways to educate the public on the requirements in the ordinance. Upon questioning by Mrs. Schneider regarding signs that are presently placed, Mr. Leslie explained that permanent signs will be grandfathered, and the city will work to educate the public on the temporary signs and work to remove those. BILL NO. 06-43 was given the first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO SIGNS Mrs. Schneider made a motion, seconded by Mrs. Boardman, to approve the first reading of BILL NO. 06-43. Following discussion, the motion was approved upon the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 06-41 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 THE CAPE GIRARDEAU REGIONAL AIRPORT, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO A-1 BILL NO. 06-47 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SOUTHEAST MISSOURI STONE COMPANY, FOR PURPOSES OF CONSTRUCTING AND MAINTAINING A PAC-VAN OFFICE TRAILER AT 1228 MARQUETTE DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 06-40 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AUTOMATIC MUTUAL AID AGREEMENT WITH THE CITY OF SCOTT CITY, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Rpgnlar Session March 20, 2006 FF-33 FnnRnni nmw BILL NO. 06-46 AN ORDINANCE APPROPRIATING MONIES FROM THE CONVENTION/VISITORS SPECIAL REVENUE FUND FOR IMPROVEMENTS TO THE RED STAR ACCESS AREA, IN THE CITY OF CAPE GIRARDEAU,MISSOURI Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the second and third readings of BILL NOs. 06-41, 06-47, 06-40, and 06-46 and to adopt the ordinances. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. Mayor Knudtson stated that regarding the sign ordinance, issues will come up such as temporary special events banners. The City Attorney has indicated that these could be addressed though the special events permit ordinance already in effect. BILL NO. 06-41 is ORDINANCE NO. 3635; BILL NO. 06-47 is ORDINANCE NO. 3636; BILL NO. 06-40 is ORDINANCE NO. 3637; BILL NO. 06-46 is ORDINANCE NO. 3638. NEW ORDINANCES BILL NO. 06-50 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT DRAINAGE EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF LINDEN STREET BETWEEN SPRIGG STREET AND WEST END BOULEVARD Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-50. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Ritter, Schneider and Tracy. Nays,none. BILL NO. 06-54 was given first reading as follows: AN ORDINANCE ACCEPTING A WATERLINE EASEMENT FROM GREGG S. HALLMAN AND YVONNE M. HALLMAN FOR WATER MAIN IMPROVEMENTS ON COUNTY ROAD 206,IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 06- 54. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,Ritter, Schneider and Tracy. Nays,none. Mrs. Schneider made a motion, seconded by Mrs. Boardman, to accept into the City's system the water main improvements to serve residents on County Road 206. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. Mayor Knudtson commended staff for working to resolve this issue. BILL NO. 06-55 was given first reading as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF JOSEPH D. JAMES, JR., TRUSTEE OF THE JOSEPH D. JAMES REVOCABLE LIVING FAMILY TRUST OF AUGUST 3, 1993, AND AS THEREAFTER RESTATED, AND JANET C. JAMES, TRUSTEE OF THE JANET C. JAMES REVOCABLE TRUST AGREEMENT OF JANUARY 29, 2001 Proceedings of the City Council, City of Cape Girardeau, Mo. Rcgular Session March 20, 2006 FF-34 E00600107DW Mr. Hopkins made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 06-55. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. BILL NO. 06-58 was given the first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT SEWER EASEMENT FROM EARL NORMAN, TRUSTEE OF THE EARL H. NORMAN REVOCABLE LIVING TRUST AGREEMENT DATED DECEMBER 4, 1987, RUTH A. NORMAN AND EARL H. NORMAN, TRUSTEES OF THE RUTH A. NORMAN REVOCABLE LIVING TRUST AGREEMENT DATED DECEMBER 4, 1987, AND EARL H. NORMAN AND RUTH A. NORMAN, INDIVIDUALLY, FOR THE PRESTWICK PLANTATION FORCE MAIN PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 06-58. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. Mr. Hopkins commended staff for working to resolve this issue. RESOLUTIONS BILL NO. 06-51 was presented as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION FROM GREGG S. HALLMAN AND YVONNE M. HALLMAN, AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION The reading of BILL NO. 06-51 was approved and the resolution adopted upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 06-51 is RESOLUTION NO. 2157. BILL NO. 06-52 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH C &S EXCAVATING, LLC The reading of BILL NO. 06-52 was approved and the resolution 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. BILL NO. 06-52 is RESOLUTION.NO. 2158. BILL NO. 06-53 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 4 TO THE GENERAL SERVICES CONTRACT WITH BOWEN ENGINEERING AND SURVEYING, INC., FOR THE MAIN STREET PARKING LOT IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo: Regular Session March 20,2006 FF-35 Eonsoo+o7ow • The reading of BILL NO. 06-53 was approved and the resolution adopted upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 06-53 is RESOLUTION NO. 2159. Mr. Leslie stated this allows the city to manage the conversion of Main Street to two-way traffic. BILL NO. 06-56 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE GENERAL SERVICES CONTRACT WITH KOEHLER ENGINEERING AND LAND SURVEYING, INC., FOR THE BLOOMFIELD ROAD PHASE III PROJECT, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The reading of BILL NO. 06-56 was approved and the resolution adopted 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 due to his business relations with Koehler Engineering. Nays, none. BILL NO. 06-56 is RESOLUTION NO. 2160. BILL NO. 06-57 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL AGREEMENT FOR ENGINEERING SERVICES WITH S. H. SMITH&COMPANY, INC. The reading of BILL NO. 06-57 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 06-57 is RESOLUTION NO. 2161. APPOINTMENTS Mayor Knudtson made a motion, seconded by Mr. Hopkins to appoint John Mehner and J. Ronald Fischer to the TIF Commission for terms expiring April 1, 2010. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. LIQUOR LICENSE Mrs. Boardman made a motion, seconded by Mr. Hopkins, to conditionally approve a retail liquor by the drink license for Jerel Lichtenegger, d/b/a Global Café, 1315 Broadway,Jerel Lichtenegger, Managing Officer. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve a temporary retail liquor by the drink license for David J. Roth, d/b/a Humane Society of Southeast Missouri, for an event to be held April 29, 2006, at the A.C. Brase Arena Building. 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 March 20, 2006 FF 36 E00600107UW OTHER Mrs. Schneider made a motion, seconded by Mr. Hopkins, to accept into the City's system the sanitary sewer improvements to serve the un-subdivided property owned by Joseph and Lorri Erlbacher east of Whispering Oaks Subdivision. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. Mrs. Schneider made a motion, seconded by Mrs. Boardman, to accept the improvements completed under the Lexington Trace Phase I and II TEA-21 Projects, STP-1500(005) and STP- 1500(001), and authorizing final payment to Lappe Cement Finishing, Inc. 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 file the recommendation of the Planning and Zoning Commission to deny the request of Pat LaFont to rezone 402 Chesley Drive from R-1, single family residential district, to C-1, local commercial district. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. Mr. Leslie reminded everyone that on March 27 two-way traffic begins on Main Street. There being no further business, the City Council adjourned upon Mr. Hopkins' motion, Mrs. Tracy's second and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. S''r� •_ . Knudtson,Mayor Gayle L. o rad, City Clerk