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HomeMy WebLinkAboutCouncil.Minutes.03-17-2009.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 19, 2007 FF-259 FnnR(VN n7nw REGULAR SESSION—MARCH 19,2007 The Cape Girardeau City Council convened in regular session on Monday March 19,2007, 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 Sam Ramdial of First General Baptist Church presented the invocation, and the Pledge of Allegiance was led by Boy Scout Jackson Voss of Troop 311. 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, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. The minutes of the March 5, 2007, regular and closed sessions were approved upon Mrs. Tracy's motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. The agenda was adopted upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes,Herbst,Hopkins,Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. COUNCIL COMMUNICATIONS State Representative Nathan Cooper gave an update on the 2007 legislative session. He reviewed items relating to cable television franchising and contractor labor agreements, and reported on the following: • 80,000 new jobs in the State of Missouri • $400 million budget surplus • Proposed legislation to eliminate taxes on Social Security Benefits • Proposed legislation to allow pre-bidding on projects • Change of efficiency standards in state prisons • Energy efficient projects in Missouri • MOHELA funding for projects in the state Upon questioning by Ms. Ritter, Rep. Cooper explained that proposed HB 788 would exempt medical professionals from being held individually liable for assistance provided during storm events. This will be discussed when they return to session next week, and an amendment will be offered to provide alternate standards of care in emergencies. Mayor Knudtson, Mr. Dan Muser, Parks and Recreation Director, and Mr. Scott Williams, Recreation Division Manager, honored Marcia Stone, Parks and Recreation Administrative Assistant, for receiving the Missouri Parks and Recreation Association Outstanding Support Staff of the Year Award. Mayor Knudtson presented a proclamation to Mr. Allen Joumet and Mrs. Cathy Conway for supporting the'Southeast Missouri Climate Protection Initiative. Mayor Knudtson stated Broadway re-opened today, March 19, 2007, and there will be a ceremony on March 20 at 4:00 p.m. He thanked the surrounding business owners who were inconvenienced by the project for being supportive. Proceedings of the City Council, City of Cape Girardeau, Mo. Rcgular Session March 19, 2007 -260 E00600107DW Mayor Knudtson stated last week City Manager Doug Leslie and Assistant to the City Manager Heather Brooks spent a day with the Mayor and staff of Paducah, Kentucky. We will be doing a staff and Council exchange with them to learn about each other's cities. City Manager Doug Leslie stated the first exchange will be May 23`d with Cape going to Paducah, and then they will come to Cape several weeks after that. Mayor Knudtson reported that Commander Premier has now received Parts Manufacturer Approval from the Federal Aviation Administration. Mayor Knudtson stated the city is working hard to alleviate trash and litter in the community. He asked citizens to take responsibility and pick up trash on their own property. Upon questioning by Mrs. Tracey, Fire Chief Rick Ennis explained that the City has an ordinance that authorizes the Fire Chief to designate "no burn" days based on environmental conditions. Citizens can use the city website and KFVS weather reporting to learn about these"no burn"days CITY MANAGER COMMUNICATIONS City Manager Doug Leslie introduced Mr. David Seabaugh of Beussink, Hey, Roe, Seabaugh and Stroder who attended the study session to answer questions regarding the city audit. APPEARANCES Mr. Mike Sedlock, 608 S. Ellis, and Mr. Eldon Nattier appeared in support of a liquor license for the Rose Bed Inn at 611 S. Sprigg Street. Mr. Sedlock's property adjoins the Inn. Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve a retail liquor by the drink and Sunday sales license for CLB Enterprises, d/b/a Rose Bed Inn, 611 South Sprigg Street, James Coley and Eldon Nattier, Managing Officers. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. Mrs. Nancy Browne, attorney for Doctor's Park, Inc., appeared in support of and to answer any questions regarding the record plat of a Re-subdivision of Lots 36 and 38 of Doctor's Park. She also reviewed the purpose of the plat, which is to create a new lot following the building footprint for Building 35. Mrs. Sara Holt also appeared in support of this record plat. BILL NO. 07-52 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF A RESUBDIVISION OF LOTS 36 AND 38 OF DOCTOR'S PARK Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 07- 52. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. Mr. Ray Coldry appeared in support of a liquor license for the Discount Smoke Shop at 340 S. Sprigg Street. Mr. Voss made a motion, seconded by Mr. Herbst, to conditionally approve an original package liquor and Sunday sales license for Kurt Schimmer, d/b/a Discount Smoke Shop, 340 S. Sprigg Street, Kurt Schimmer, Managing Officer. The motion was approved upon the following vote: Ayes, Herbst, Hopkins Knudtson,Ritter, Schneider, Tracy and Voss. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 19, 2007 FF-261 cnnannimnw Mrs. Stephanie Grise appeared to answer questions regarding the ordinances on the Town Plaza Community Improvement District and the designation of a Chapter 353 Redevelopment Project. Mr. Don Howard of 1100 S. Ranney asked for an explanation of the Town Plaza CID. Mayor Knudtson explained that Greater Missouri Builders, who owns the Town Plaza, has requested the Council to support a community improvement district for the Town Plaza Area. Once a district is established, a separate sales tax can be imposed in the district, which would be used to help redevelop and revitalize certain properties within this area. This will not be expanded outside of the Town Plaza. Staff will be working on the development agreement for the next agenda. BILL NO. 07-56 was given first reading as follows: AN ORDINANCE FINDING THAT BY REASON OF AGE, OBSOLESCENCE, INADEQUATE OR OUTMODED DESIGN OR PHYSICAL DETERIORATION A CERTAIN AREA IN THE CITY OF CAPE GIRARDEAU MISSOURI, HAS BECOME AN ECONOMIC AND SOCIAL LIABILITY, AND THAT SUCH CONDITIONS ARE CONDUCIVE TO ILL HEALTH, TRANSMISSION OF DISEASE, CRIME OR INABILITY TO PAY REASONABLE TAXES, AND THAT THE REDEVELOPMENT OF SUCH AREA IS NECESSARY AND IN THE PUBLIC INTEREST Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-56. The motion was approved upon the following vote: Ayes, Herbst Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 07-57 was given first reading as follows: AN ORDINANCE APPROVING THE DEVELOPMENT PLAN SUBMITTED FOR THE REDEVELOPMENT OF THAT CERTAIN TRACT OF LAND IN THE CITY OF CAPE GIRARDEAU, MISSOURI, WHICH AREA HAS BEEN PREVIOUSLY FOUND TO BE IN NEED OF REDEVELOPMENT IN THE PUBLIC INTEREST, SAID TRACT BEING DESCRIBED IN EXHIBIT A; INCORPORATING BY REFERENCE CHAPTER 353, REVISED STATES OF MISSOURI 2000, AS AMENDED; AND CONTAINING A SEVERABILITY CLAUSE Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO 07- 57. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 07-58 was given first reading as follows: AN ORDINANCE ESTABLISHING THE TOWN PLAZA COMMUNITY IMPROVEMENT DISTRICT AND APPROVING APPOINTMENT OF THE INITIAL BOARD OF DIRECTORS THERETO Mr. Voss made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 07- 58. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. Proceedings of the City Council, City of Cape Girardeau, Mo. Rcgular Session March 19, 2007 - 262 E00600107DW Mr. Don Howard appeared and expressed concerns with problems in the Ranney Street neighborhood with children hitting rocks with baseball bats and hanging out in the streets. He requested that the police increase patrols in this area. In addition, he commented that he does not feel school resource officers should show how to shoot tazers at school for Show and Tell. Mr. Don Shelton, 408 Penrod Place, appeared and questioned why the rezoning request of the Community Counseling Center was denied by the Planning and Zoning Commission and is being set for a public hearing by the Council. Mayor Knudtson explained the applicant issued a letter to staff requesting a public hearing before the Council. The hearing will be open to the public and anyone can appear to voice their opinions. A motion was made by Mrs. Tracy and seconded by Mr. Herbst to set a public hearing for April 16, 2007 on the request of the Community Counseling Center, Inc., to rezone a 3.88-acre lot at 402 South Silver Springs Road, at the southeast corner of South Silver Springs Road and Bloomfield Road, from R-1, single family residential district, to R-4, multi-family residential district. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. A motion was made by Mr. Hopkins and seconded by Mr. Voss to postpone consideration of a record plat for Silver Springs Apartments to April 16, 2007. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 07-39 AN ORDINANCE APPROVING THE RECORD PLAT OF HSCA SUBDIVISION NO. 2 BILL NO. 07-42 AND 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 OF CAPE AND COUNTY OF CAPE GIRARDEAU, MISSOURI FORM C- 4 TO C-2 BILL NO. 07-43 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 BILL NO. 07-45 AN ORDINANCE AMENDING THE BOUNDARIES OF WARDS 1, 4 AND 6 TO INCLUDE PROPERTIES ANNEXED BY THE CITY OF CAPE GIRARDEAU, MISSOURI. Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the second and third readings of BILL NOs. 07-39, 07-42, 07-43, and BILL NO. 07-45 and to adopt the ordinances. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons on BILL NO. 07- Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 19, 2007 FF-263 43 due to the applicant having a financial relationship at the bank where he works. BILL NO. 07- 39 is ORDINANCE NO. 3794; BILL NO. 07-42 is ORDINANCE NO. 3795; BILL NO. 07-43 is ORDINANCE 3796;BILL NO 07-45 is ORDINANCE NO 3797. NEW ORDINANCES BILL NO. 07-53 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ROCK CREEK MEADOWS TOWNHOUSES PHASE VI Mrs. Schneider made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 07-53. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons due to the applicant having a financial relationship at the bank where he works. BILL NO. 07-54 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF FOREST HILLS ESTATES FOURTH ADDITION Mr. Voss made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 07- 54. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 07-55 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF THE FORMER PUBLIC WORKS SUBDIVISION-PHASE 2 Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-55. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons due to the applicant having a financial relationship at the bank where he works. BILL NO. 07-59 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF KINDER PLACE Mrs. Schneider made a motion to approve the first reading of BILL NO. 07-59. The motion failed for lack of a second. RESOLUTIONS BILL NO. 07-50 was presented as follows: A RESOLUTION ADOPTING THE FISCAL 2007-2012 CAPITAL IMPROVEMENTS PROGRAM Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 19, 2007 FF 264 E00600107DW The reading of BILL NO. 07-50 was approved and the resolution adopted upon Mr. Voss' motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 07-50 is RESOLUTION NO. 2258. BILL NO. 07-51 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ZOELLNER CONSTRUCTION FOR ROOF REPAIRS AND EXTERIOR IMPROVEMENTS AT FIRE STATION NO. 2, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 07-51 was approved and the resolution adopted upon Ms. Ritter's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 07-51 is RESOLUTION NO. 2259. APPOINTMENTS Mrs. Schneider made a motion, seconded by Ms. Ritter, to appoint Kee Park to the Airport 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. LIQUOR LICENSE Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve a temporary 5% beer by the drink license for John Yallaly, d/b/a American Legion Post 63, for an event to be held June 8-10, 2007, at the A.C. Brase Arena Building. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. OTHER Mrs. Tracy made a motion, seconded by Mrs. Schneider, to accept the annual City audit prepared by Beussink, Hey, Roe, Seabaugh and Stroder, LLC, for the fiscal year ending June 30, 2006. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. Ms. Ritter made a motion, seconded by Mr. Hopkins, to accept the improvements completed on the Bloomfield Road Phase III project from Siemers Drive to just west of the Stonebridge Subdivision Entrance, and to authorize final payment to Nip Kelley Equipment, Inc. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mrs. Tracy made a motion, seconded by Mr. Hopkins, to file the recommendation of the Planning and Zoning Commission to deny the request of the Gary M. Arnold Trust to rezone an 8,250 square foot vacant lot at 1323 West End Boulevard between Wayne Street and Stoddard Street, from R-2, single family residential district, to R-3, two family residential district. The motion was approved upon the following vote: Ayes,Herbst,Hopkins, Knudtson,Ritter, Schneider, Tracy and Voss. Nays, none. • Proceedings of the City Council, City of Cape Girardeau,-Mo. Regular Session March 19, 2007 FF-265 E006001^7ow Mr. Hopkins made a motion, seconded by Mr. Voss, to file the recommendation of the Planning and Zoning Commission to deny the request of Jerry and Carol McGuire for a special use permit to construct and operate a wedding chapel and banquet hall on the existing vacant lot in the 1900 block of North Sprigg Street, on the west side of the street, between Lexington Avenue and Bertling Street, within an R-2, single family residential district. 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 Mr. Voss,to set a public hearing for April 16th,2007, on the request of Drury Southwest Signs, Inc., for a special use permit and variance to construct a billboard at the northeast corner of I-55 and Highway 74, within a C-2, general commercial district. 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 upon Mr. Voss' motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. A°-10' (C'Emmis042,11 Jay B. udtson, Mayor Gayle onrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session 6 E00600107DW THIS PAGE INTENTIONALLY LEFT BLANK.