HomeMy WebLinkAboutCouncil.Minutes.03-05-2007.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
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REGULAR SESSION—MARCH 5,2007
The Cape Girardeau City Council convened in regular session on Monday March 5, 2007, at 7:00
p.m. with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Matthew
Hopkins,Loretta Schneider,Marcia Ritter,Debra Tracy and John Voss present.
Reverend Paul Kabo of First Presbyterian 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 and confidential communications with the City Attorney pursuant to
RSMo. Sections 610.021(1) and (2) upon Mrs. Tracy's motion, Ms. Ritter's second, and the
following vote: Ayes,Herbst, Hopkins, Knudtson,Ritter, Schneider, Tracy and Voss.
The minutes of the February 20, 2007, regular and closed sessions were approved upon Mr. •
Hopkins' motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider,Tracy and Voss. Nays,none.
The agenda was adopted upon Mrs. Tracy's motion, Ms. Ritter's second, and the following vote:
Ayes, Herbst,Hopkins, Knudtson,Ritter, Schneider, Tracy and Voss. Nays,none.
COUNCIL COMMUNICATIONS
Mayor Knudtson presented a proclamation to Shelby Davis recognizing her as Cape's Outstanding
Citizen for her efforts in stopping a school bus when the bus driver passed out.
Upon questioning by Mrs. Schneider, Fire Chief Rick Ennis reported that the Department is
working with both high schools to install weather alert sirens. Most grade schools are within the
area of sirens and all have weather radios. The Fire Department does have ongoing CERT training
in the schools for teachers.
Mrs. Tracy thanked City Engineer Jay Stencel and staff for their work on the Broadway project.
He stated that the Broadway and West End intersection will be closed for two weeks for further
construction.
Ms. Ritter requested an update at a future meeting on the status of the Federal Courthouse and the
possible relocation of the Circuit Courthouse, and where the Council is on these issues. Mayor
Knudtson responded that the offices in the existing Federal Building will move to the new Federal
Building. The County Commission is reviewing to see if the old Federal Building will work for
County offices. There are some restrictions on the use of the building and type of activity that can
occur inside the building, and the Commission is reviewing these restrictions.
Mayor Knudtson reported on the following:
1. The Keep Southeast Missouri Beautiful Campaign was officially designated last week.
2. The joint meeting with the City of Jackson Board of Aldermen will be held March 12, 2007 at
7:00 p.m. at the Osage Center.
3. Rich McLeod of Procter and Gamble is holding a plant tour on April 2 and April 16, and all
Council members are welcome to attend.
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CITY MANAGER COMMUNICATIONS
City Manager Doug Leslie introduced Michelle Hahn as the new Public Information Coordinator
for the City. Michelle had been working on an interim basis since Tracey Glenn resigned the
position.
PUBLIC HEARINGS
This being the date set for a public hearing regarding the request of Greater Missouri Builders, Inc.
to create a Community Improvement District, to be known as the Town Plaza Community
Improvement District,the hearing was opened.
Mr. Paul Nenninger appeared and stated he had previously submitted questions to the Council. He
questioned how the City will keep up with the tax abatement and how we make sure the City gets
its share in negotiating with Greater Missouri Builders? There needs to be a way to manage and
track issues in the development agreement for 25 years when the City staff will change. What
happens if the lessee goes out of business and leaves Greater Missouri Builders with an empty
building, does the abatement transfer? Is it possible that Greater Missouri Builders will take over
the Plaza Galleria building?
Mayor Knudtson responded that staff is working to develop answers to those questions. Regarding
the Plaza Galleria building,nothing in this proposal has anything to do with that property.
City Manager Doug Leslie explained that an example of this process is the Old Marquette
renovation, which was a very successful project. The tax incentives run with the property and not
the owner. Regarding accountability, a separate governmental entity is created under the
Community Improvement District with a Board of Directors, and the Board manages the funds.
Abatements are awarded on geographical areas and are administered through the Cape County
Assessor's Office. The Marquette went from a derelict building ready for demolition to a
renovated structure full of businesses and employees.
Dr. Michael Jessup appeared and stated that the old Sears building has only been vacant a short
time. Why did the owner allow the building to deteriorate while Sears was there, forcing Sears to
leave for a better building? Now they want assistance to improve the building.
Mr. Mitch Robinson of Cape Area MAGNET appeared and explained that these types of projects
have been done all over St. Louis and Kansas City and now are coming to smaller towns. He
spoke with a hotel in St. Louis that used TDD and CID, and it has had no complaints on tax rates
from customers. He also spoke with a representative of Garbers about the proposed project, and
he supports the project and CID. Mr. Robinson thanked Kent Evans for working with the City in
developing a location for NARS to come to Cape Girardeau. By the end of the year, NARS
should have more than 400 new jobs.
Phil & Patty Davis, owners of Tans R Us in the Town Plaza, appeared and expressed support for
the CID and 353. They feel this will be a benefit for a vital area in the middle of the City.
There being no further appearances, the public hearing was closed.
This being the date set for the public hearing regarding the establishment of a Chapter 353
Redevelopment Project for the property located at 2102 and 2118 William Street, in the City of
Cape Girardeau, Missouri, the hearing was opened.
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Mayor Knudtson explained that this public hearing relates to property tax on the Old Sears
Building only. The current tax on the existing improvements will be abated 50% for the full 25
year period, and 100% of the taxes on the incremental improvements will also be abated for the
first ten years. These revenues will go towards paying for these improvements. The rest of Town
Plaza area is not included in the 353 project.
Mr. Kent Evans of Greater Missouri Builders appeared and explained that two years prior to Sears
leaving, he knew they were leaving, and the building has been vacant a year and a half. In
addition, the Plaza Galleria has been vacant approximately 10 years and the K's Merchandise
building is also vacant; all three of these large buildings are located in the middle of the City.
Greater Missouri Builders was not responsible for maintenance of the Sears building. Under the
lease, Sears was responsible for the building. The Community Improvement District and 353 are
based on future income in the district. If the plan doesn't work and the income does not come in,
Greater Missouri Builders is still responsible for the debt on the notes.
Mayor Knudtson explained that the Council is sensitive to the revenue stream for schools,and they
are trying to factor that into the process. The City Council will review more information and could
take action at the March 19, 2007, meeting for first reading of an ordinance. There being no
further appearances,the hearing was closed.
This being the date set for a public hearing to consider the request of DLJ Cape, LLC, to rezone a
portion of an existing lot in the 200 block of Mt. Auburn Road, on the East side,between William
Street and Blattner Drive, from C-4, Planned Commercial District, to C-2 General Commercial
District,the hearing was opened.
Mr. Randy Lamotte appeared and explained that the property in question is between El Acapulco
and McAllisters Deli. It has been vacant for many years. He is trying to purchase the property in
order to develop it. The property is divided in half as C-2 and C-4 and he is requesting to make all
of the property C-2.
There being no further appearances,the hearing was closed.
BILL NO. 07-42 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 A PORTION
OF AN EXISTING LOT IN THE 200 BLOCK OF MT. AUBURN ROAD, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU,MISSOURI,FROM C-4 TO C-2
Mrs. Tracey made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 07-
42. The motion was approved upon the following vote: Ayes, Herbst, Hopkins Knudtson, Ritter,
Schneider, Tracy and Voss. Nays,none
This being the date set for a public hearing regarding the request of JJP Investments, LLC, for a
Special Use Permit to construct a commercial parking lot on an existing vacant lot on the south
side of Kingsway Drive, between Melrose Avenue and Kure Lane, located in an R-1, Single-
Family Residential District, the hearing was opened. The City Planner's Council Letter in the
agenda packet presented for the record a certified copy of the following items: (1) Section 30-39
entitled "Special Use Regulations" from the City Code; (2) the application for special use permit;
and(3)the application file. There being no appearances,the hearing was closed.
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BILL NO. 07-43 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JJP INVESTMENTS, LLC,
FOR PURPOSES OF CONSTRUCTING AND MAINTAINING A COMMERCIAL PARKING
LOT LOCATED ON THE SOUTH SIDE OF KINGSWAY DRIVE, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU,MISSOURI
Mr. Voss made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 07-
43. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Ritter, Schneider,
Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons because the
developer has a financial relationship with his employer.
CONSENT ORDINANCES
The following bills were given second and third readings:
BILL NO. 07-26 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
QUIT CLAIM DEED TO TRIFECTA DEVELOPMENT, LC, FOR
PROPERTY LOCATED IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 07-37 AN ORDINANCE APPROVING THE CORRECTED RECORD PLAT
OF HERITAGE MEADOWS SUBDIVISION
Mrs. Schneider made a motion, seconded by Mr. Voss,to approve the second and third readings of
BILL NOs. 07-26 and 07-37, and to adopt the ordinances. The motion was approved upon the
following vote: Ayes, Herbst, Hopkins, Ritter, Schneider, Tracy and Voss. Nays, none. BILL
NO. 07-26 is ORDINANCE NO. 3792; BILL NO. 07-37 is ORDINANCE NO. 3793. Mayor
Knudtson abstained for financial reasons because the parties involved in both ordinances have a
financial relationship with his employer. Mr. Hopkins abstained for financial reasons on BILL
NO. 07-26 because he has a financial relationship with the developer.
NEW ORDINANCES
BILL NO. 07-39 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF HSCA SUBDIVISION NO. 2
Ms. Ritter made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 07-
39. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider,Tracy and Voss. Nays,none.
BILL NO. 07-45 was given first reading as follows:
AN ORDINANCE AMENDING THE BOUNDARIES OF WARDS 1, 4 AND 6 TO INCLUDE
PROPERTIES ANNEXED BY THE CITY OF CAPE GIRARDEAU,MISSOURI
Ms. Ritter made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 07-
45. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays, none. Ms. Ritter explained that the ward readjustments are due
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to annexations. After the 2010 Census, the wards will be amended to reflect a proportionate
representation based on population.
RESOLUTIONS
BILL NO. 07-29 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO.
1 TO THE AGREEMENT FOR ENGINEERING SERVICES WITH GERTIS, LESTER,
DAMERON & ASSOCIATES, INC., FOR THE BIG BEND ROAD PROJECT, IN THE CITY.
OF CAPE GIRARDEAU,MISSOURI
The reading of BILL NO. 07-29 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays,none. BILL NO. 07-29 is RESOLUTION NO. 2251.
BILL NO. 07-40 was presented as follows:
AN RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH EVERCOM SYSTEMS, INC., FOR INMATE TELEPHONE SERVICE
AT THE CAPE GIRARDEAU POLICE DEPARTMENT JAIL, IN THE CITY OF CAPE
GIRARDEAU,MISSOURI
The reading of BILL NO. 07-40 was approved and the resolution adopted upon Mrs. Tracy's
motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 07-40 is RESOLUTION NO. 2252.
BILL NO. 07-41 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND
INDEMNITY AGREEMENT WITH D BOLD ENTERPRISES, LLC, FOR IMPROVEMENTS
LOCATED AT THE INTERSECTION OF BROADWAY AND SPANISH STREET, IN THE
CITY OF CAPE GIRARDEAU,MISSOURI
The reading of BILL NO. 07-41 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider,Tracy and Voss. Nays,none. BILL NO. 07-41 is RESOLUTION NO. 2253.
BILL NO. 07-44 was presented as follows
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, DIRECTING THE CITY MANAGER TO MAKE RECOMMENDATIONS TO
THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR CARRIER
SELECTION PERTAINING TO ESSENTIAL AIR SERVICE AT THE CAPE GIRARDEAU
REGIONAL AIRPORT
The reading of BILL NO. 07-44 was approved and the resolution adopted upon Mr. Voss' motion,
Mrs. Tracy's second, and the following vote: Ayes,Herbst, Hopkins,Knudtson,Ritter, Schneider,
Tracy and Voss. Nays, none. BILL NO. 07-44 is RESOLUTION NO. 2254. Mr. Bruce Loy,
Airport Manager summarized the recommendation of the Airport Advisory Board for Essential Air
Service for the City of Cape Girardeau. All comments are due to the Department of
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Transportation by March 7, 2007. Once they are received, DOT reviews the proposals and letters
and completes a financial and legal analysis. It could take until the end of March to develop the
DOT recommendation. New service starts June 1, 2007. Mayor Knudtson reviewed the pros and
cons of changing hubs from St. Louis to Cincinnati. He commended the Airport Board members
for their work in reviewing the proposals and making a recommendation.
BILL NO. 07-46 was presented as follows
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH ALLIANCE WATER RESOURCE SYSTEMS, INC., FOR OPERATION OF THE CITY
OF CAPE GIRARDEAU'S WATER SYSTEM
Mr. Hopkins made a motion, seconded by Mrs. Schneider to approve the reading of BILL NO. 07-
46 and to adopt the resolution. Mr. Voss stated he will be voting against the contract due to the
amount and length of the contract. The City has not competitively bid this service since 1991.
Ms. Ritter requested that staff learn the operation of the water system so that at the end of the five-
year period the City would have the option to take over operation of the system. The motion was
approved upon the following vote: Ayes,Herbst,Hopkins,Knudtson,Ritter, Schneider and Tracy.
Nays, Voss. BILL NO. 07-46 is RESOLUTION NO. 2255.
BILL NO. 07-47 was presented as follows
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH KOEHLER ENGINEERING AND LAND SURVEYING, INC., FOR THE CAPE
GIRARDEAU RIVER WALK PHASE III PROJECT, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The reading of BILL NO. 07-47 was approved and the resolution adopted upon Mr. Herbst's
motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Ritter, Schneider, Tracy
and Voss. Nays, none. Mr. Hopkins and Mayor Knudtson abstain for financial reasons due to a
business relationship with the contractor. BILL NO. 07-47 is RESOLUTION NO. 2256. Mr.
Stencel explained that this trail will run from the existing trail at the flood wall to just short of the
boat ramp at Honkers.
BILL NO. 07-48 was presented as follows
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTENDED
WARRANTY AGREEMENT WITH SYNERGY BROADCAST SYSTEMS FOR CHANNEL 5
EQUIPMENT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 07-48 was approved and the resolution adopted upon Mrs. Tracy's
motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 07-48 is RESOLUTION NO. 2257.
BILL NO. 07-49 was presented as follows
A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI SECRETARY OF
STATE, FOR LOCAL RECORDS PRESERVATION GRANTS, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS
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The reading of BILL NO. 07-49 was approved and the resolution adopted upon Mrs. Tracy's
motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider,Tracy and Voss. Nays,none. BILL NO. 07-49 is RESOLUTION NO. 2258.
APPOINTMENTS •
Mrs. Schneider made a motion, seconded by Ms. Ritter, to appoint Mr. Robert Harris, Jr. to the
Parks and Recreation Advisory Board for a term expiring October 29, 2007. The motion was
approved upon the following vote: Ayes,Herbst,Hopkins,Knudtson,Ritter, Schneider, Tracy and
Voss. Nays,none.
Mr. Hopkins made a motion, seconded by Mrs. Schneider, to appoint Mr. William Whitlock to the
Board of Adjustment for a term expiring March 6, 2012. The motion was approved upon the
following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,
none.
LIQUOR LICENSE
A temporary 5% beer by the drink liquor license was approved for David J. Roth d/b/a Humane
Society of Southeast Missouri, located at the A.0 Brase Arena Building, David J. Roth, Managing
Officer, upon Mr. Hopkins' motion, Mrs. Schneider's second, and the following vote: Ayes,
Herbst,Hopkins,Knudtson,Ritter, Schneider,Tracy and Voss. Nays,none.
OTHER
Mr. Herbst made a motion, seconded by Mrs. Schneider, to accept Sanitary Sewer Improvements
to Serve Golden Eagle Subdivision in Sewer District 14-1-F-1. The motion was approved upon
the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,
none.
Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve Improvement Plans for the
Meadows of Whispering Oaks Subdivision known as E Sewer. The motion was approved upon the
following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,
none.
There being no further business, the City Council adjourned Mr. Hopkins' motion, Mr. Voss'
second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and
Voss. Nays,none.
5e/esw... 774 ,44
Jay . Knudtson, Mayor
of'aWal-
Gayle L.4.nrad,City Clerk
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