Loading...
HomeMy WebLinkAboutCouncil.Minutes.06-18-2007.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 18,2007 FF-319 Fnnrnnl n7nw REGULAR SESSION—JUNE 18,2007 The Cape Girardeau City Council convened in regular session on Monday, June 18, 2007, at 7:00 p.m., with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Matthew Hopkins, Marcia Ritter,Loretta Schneider and Debra Tracy present. John Voss was absent. Reverend Mike Malone of St. Mark Lutheran 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 discussitg property acquisition,personnel, litigation and confidential communications with the City Attorney pursuant to RSMo. Sections 610.021(1), (2) and (3) upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. The minutes of the June 4, 2007 regular and closed sessions and June 11, 2007 special session were approved upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,and Tracy. Nays, none. The agenda was adopted upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote:Ayes,Herbst,Hopkins,Knudtson,Ritter,Schneider and Tracy. Nays,none. COUNCIL COMMUNICATIONS Mr. Herbst stated that this Saturday, June 23, from 9 a.m. until 12 noon, Reverend Thomas is hosting a Community Cleanup on Elm Street from Sprigg to Beaudean Lane. The Keep Southeast Missouri Beautiful Committee will be involved to help and Public Works will pick up the bags. Mr. Herbst also stated there will be a downtown golf tournament to benefit the Red House on Sunday,June 24. Mayor Knudtson announced that the American Junior Golf Association Tournament will be held at Dalhousie this week. Mrs. Tracy thanked the VFW for their work on Freedom Corner. The commemorative stones have been laid in place and this is a great tribute to the veterans. Representative Nathan Cooper presented an update on legislation accomplished during the year. The State ended the year with a $500 million surplus. He reviewed efficiencies accomplished during the year that will save tax money. Mrs. Schneider stated there will be a presentation on Wednesday at the Senior Citizen Center on the effects of eliminatingincome tax on Social Security. Mayor Knudtson expressed concerns with legislators failing to change the minimum wage law relating to overtime pay for police and fire. Cape does not have the financial means to implement the law as it is written. Mr. Andy Meyer of the Missouri Department of Transportation presented an update on the construction of the I-55/ LaSalle Avenue/East Main Project and the need to divert traffic off the interstate to the easternmost off ramps that have been newly constructed. The traffic diversion will Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 18, 2007 -FF 20 E00600107DW last approximately four months. He reviewed an incident management plan in case there was a major accident within the project limits. CITY MANAGER COMMUNICATION I/ Mr. Bob Kembel, Battalion Chief for the Cape Girardeau Fire Department presented an update on renovations completed at Fire Stations No. 2 and4. Mr. Bruce Loy, Airport Manager, presented an update on the Cape Regional Air Festival to be held July 6-7. PUBLIC HEARINGS This being the date set for a public hearing regarding consideration of an amendment to Chapter 30, Section 30-87 of the Municipal Code of Ordinances regarding the membership of the Planning and Zoning Commission to change the number of commission members from 11 to 9, the hearing was opened. There being no appearances, the hearing was closed. BILL NO 07-1 10 was given first reading as follows: AN ORDINANCE AMENDING SECTION 30-87 OF CHAPTER 30 OF THE CITY CODE REGARDING MEMBERSHIP ON THE PLANNING AND ZONING COMMISSION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion,seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-110. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. APPEARANCES Ms. Judy Nielsen appeared on behalf of Christ Church of the Heartland and requested a public hearing be held on the request of the Church for a special use permit to operate a daycare and preschool for a maximum of 60 children at their existing church at 720 Bertling Street within an R-1, Single-Family Residential District. Mayor Knudtson stated the public hearing will be held July 9, 2007. Mr. Tony Smee, 1217 Fairlane, appeared in support of the proposed ordinance establishing a four- way stop at Peach Tree Street and Fairlane Drive. Drivers travel at a high rate of speed, and there is an obstruction of vision when turning on to Fairlane. Mr. Jerry Emerson,2536 Peach Tree, appeared in support of the 4-way stop. BILL NO. 07-1 1 1 was given the first rexling as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING STOP SIGNS AT PEACH TREE DRIVE AND FAIRLANE DRIVE, AND AMENDING SCHEDULE E OF SECTION 26-283 OF THE CITY CODE, BY ENACTING A FOUR-WAY STOP AT PEACH TREE STREET AND FAIRLANE DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 18, 2007 FF-321 covom O7nw Mr. Hopkins made a motion,seconded by Ms. Ritter, to approve the first reading of BILL NO. 07- 111. The motion was approved upon the following vote: Ayes, Herbst,Hopkins,Knudtson, Ritter, Schneider and Tracy. Nays, none. Dr. Don Jung appeared and requested permission to present a petition signed by thirty people and five adjoining property owners opposing the day care proposed by Christ Church of the Heartland on Bertling. Mayor Knudtson explained the public hearing will be held on July 9, and the Council will accept public comment on the issue at that time. Mrs. Marla Mills, Executive Director of Old Town Cape, appeared with five board members in support of the contracts for the Main Street Program and the DREAM Initiative Project. BILL NO 07-112 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH OLD TOWN CAPE, INC. FOR THE OLD TOWN CAPE MAIN STREET PROGRAM, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 07-112 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 07-112 is RESOLUTION NO. 2283. BILL NO. 07-113 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH OLD TOWN CAPE, INC. FOR THE MANAGEMENT AND IMPLEMENTATION OF THE DREAM INITIATIVE PROJECT, IN THE CITY OF CAPE GRARDEAU, MISSOURI The reading of BILL NO. 07-113 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 07-113 is RESOLUTION NO. 2284. Mr. Herbst recognized Old Town Cape for assisting theCity with the DREAM Initiative. Mayor Knudtson stated they had a discussion in the study session on the Parks and Stormwater Sales Tax Proposal. Mr. Mike Keefe, Chairman of the Parks and Recreation Board, presented a history on the mission and development of the Parks and Stormwater Proposal over the last three years. The Parks and Recreation Advisory Board and the Golf Course Advisory Board are requesting that the City Council place a measure on the November ballot for a '/-cent sales tax for Parks and Stormwater Improvements. The Board has itemized ten projects that they would like to see accomplished. Mrs. Tracy questioned how the funds will be used to maintain existing facilities. Mr. Keefe provided examples, including upgrading the Arena Building, improving and expanding recreation trails, adding soccer and softball fields to the Sports Complex to allow for more tournaments, adding a field for little league football, and upgrading the greens at the golf course. Mayor Knudtson expressed concerns over the sunset issue because he feels it is the prudent thing to do. The City has shown through the Transportation Trust Fund proposals that this does work and voters do support it. Proceedings of the City Council, City of Cape Girardeau, Mo, Regular Session June 18, 2007 FF-322 E00600107DW Park Board Member Danny Essner stated the Y2-cent sales tax creates$4 million per year. He has discussed the sunset issue with the Missouri Parks and Recreation Association Director, and he felt the City should not pursue the tax with a sunset clause. In addition, the Mayor stated that he believes this tax needs to be viewed as a luxury tax, and that we must work from there to present it to the voters for approval. Mr. Keefe stated that Park and Recreation facilities impact a large portion of our community just like public safety does. He discussed the adverse impact of a sunset clause and the need for continued improvement in all park facilities. The Council members discussed issues relating to a sunset provision on this tax proposal swell as quality of life issues that are addressed through this parks proposal. They discussed concerns with the proposed park project list, the current City stormwater needs, and the unfunded stormwater projects listed in the Capital Improvements Program. Public Works Director Tim Gramling stated that most of the critical stormwater needs have been identified. In addition, it is not yet known the financial impact the new stormwater regulations will have on the City's budget. Mr. Don Howard appeared and stated the Parks Tax is a luxury item and the public won't support it. He said they can't afford another tax. He felt the City should maintain what is here and not propose new facilities. He also expressed concern about young individuals carrying knives in the South Ranney area and nothing being done about it. Mr. James Cook, a resident on West Mount Drive, stated he is an active outdoor person and expressed support for the parks proposal. He asked that the Parks and Stormwater Sales Tax proceed and be put on the ballot for the public to support. Mr. Jerry Emerson, 2531 Peach Tree, appeared and complimented City staff on the sidewalks in Capaha Park. He stated that the chain Pagliai's Pizza on Broadway uses to close its parking lot after hours blocks the public sidewalk, and he asked the City to correct this situation. CONSENT ORDINANCES The following bills were given second and third readings as follows: BILL NO. 07-102 AN ORDINANCE ESTABLISHING UTILITY RATES FOR THE CITY OF CAPE GIRARDEAU, MISSOURI, BY AMENDING CHAPTER 22 RELATING TO SOLID WASTE FEES, AND CHAPTER 29 OF THE CITY CODE RELATING TO WATER RATES AND SEWER SERVICE CHARGES BILL NO. 07-101 AN ORDINANCE ACCEPTING A PERMANENT SEWER EASEMENT FROM THE CHARLES F. BLATTNER VOLUNTARY TRUST AND JOYCE E. BLATTNER VOLUNTARY TRUST TO SERVE THE ENCLAVE ON SILVERADO SUBDIVISION, 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. 07-102 and 07-101 and to adopt the ordinances. The motion was approved upon the following vote: Ayes; Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 07-102 is ORDINANCE NO. 3823, BILL NO. 07-101 is ORDINANCE NO. 3824. BILL NO. 07-100 was given second and third readings as follows; • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 18, 2007 FF-323 E^0R00+07DW AN ORDINANCE ADOPTING THE ANNUAL OPERATING BUDGET FOR THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR THE FISCAL YEAR BEGINNING JULY 1,2007 Mr. Hopkins made a motion, seconded by Ms. Ritter, to approve the second and third readings of BILL NO. 07-100 and to adopt the ordinance. Mr. Hopkins made a motion, seconded by Mr. Herbst, to amend the budget to include revised page 364 on plan review fees and to include an additional $20,000 commitment to the Cape Girardeau County Transit Authority along with a request that a City ex-officio member be appointed to serve on the Board of Directors. If after six months that City ex-officio member reports to the City Council that additional funding is needed, the Council may authorize another $20,000 payment to the Transit Authority. The amending motion was approved upon the following vote: Ayes; Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. The original motion was approved as amended upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays,none. BILL NO. 07-100 is ORDINANCE NO. 3825. NEW ORDINANCES BILL NO. 07-108 was given first readingas follows: AN ORDINANCE APPROVING THE RECORD PLAT OF TIMON WAY SUBDIVISION Mr. Herbst made a motion,seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-108. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 07-109 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF GM BUILDING SUBDIVISION Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 07-109. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 07-117 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF GM BUILDING CONDOMINIMUMS Mrs. Tracy made a motion,seconded by Mrs. Schneider,to approve the first reading of BILL NO. 07-117. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 07-118 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. Proceedings of the City Council, City of Cape Girardeau, Mo. Regnllar Session Juni' 18, 2007 FF-374 E00600107DW 07-118. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 07-119 was given first readingas follows: AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, DEBT SERVICE PAYMENTS, CAPITAL EXPENDITURES, AND TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2007, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 07-119. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 07-120 was given first reading as follows: AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES FOR THE CONVENTION AND VISITORS BUREAU FOR THE FISCAL YEAR ENDING JUNE 30, 2007, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion,seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-120. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 07-120 was then given second reading. Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve the second reading of BILL NO. 07-120. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtsog Ritter, Schneider and Tracy. Nays, none. BILL NO. 07-120 was then given third reading. Mrs. Schneider made a motion,seconded by Mr. Hopkins, to approve the third reading of BILL NO. 07-120 and to adopt the ordinance. The motion was approved and adopted upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none.BILL NO. 07-120 is ORDINANCE NO 3826. RESOLUTIONS BILL NO. 07-114 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JOKERST, INC., FOR THE 2007 OVERLAY PROJECT, IN THE CITY OF CAPE GIRARDEAU MISSOURI The reading of BILL NO. 07-114 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 and Tracy. Nays, none. BILL NO. 07-114 is RESOLUTION NO.2285. BILL NO. 07-115 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROGRAMMING SERVICES AGREEMENT WITH CAPE GIRARDEAU SCHOOL DISTRICT NO 63 IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 18,2007 FF-325 E00C00107DW The reading of BILL NO. 07-115 was approved and the resolution adopted upon Mrs. Tracy's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 07-115 is RESOLUTION NO.2286. BILL NO. 07-116 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CAPE GIRARDEAU COUNTY TRANSIT AUTHORITY FOR PUBLIC TRANSPORTATION SERVICES Mr. Herbst made a motion,seconded by Mrs. Schneider,to approve the reading of BILL NO. 07- 116 and to adopt the resolution. Mr. Hopkins made a motion,seconded by Mr. Herbst,to amend the agreement to include an additional$20,000 commitment to the Cape Girardeau County Transit Authority along with a request that a City ex-officio member be appointed to serve on the Board of Directors. If after six months that City ex-officio member reports to the City Council that additional funding is needed, the Council may authorize another $20,000 payment to the Transit Authority. The amending motion was approved upon the following vote: Ayes,Herbst,Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. The original motion was approved as amended upon the following vote: Ayes,Herbst,Hopkins,Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 07-116 is RESOLUTION NO.2287. APPOINTMENTS Mayor Knudtson made a motion, seconded by Mr. Hopkins, to appoint Mr. Harold Hager, Ms. Esther Hartmann and Ms. Elizabeth Mullikin to the Public Library Board for terms expiring June 30, 2010. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. Mrs. Tracy made a motion, seconded by Mr. Hopkins, to reappoint Mr. Chuck McGinty to the Special Business District Advisory Commission for a term expiring June 30, 2010. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. LIQUOR LICENSES Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the following liquor licenses. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. Renewal of the following: Retail liquor by the drink: Cape Harmony Enterprises, LLC, d/b/a The Cape Club Complex, 433 S. Sprigg, Jeffery Robinson, Managing Officer Retail liquor by the drink and Sunday sales: Joanne Punyu Kwok, d/b/a Shogun Japanese Sushi & Grill, 289-A S. Broadview, Joanne Punyu Kwod, Managing Officer Conditional renewal of the following: Retail liquor by the drink: Tamara Zellars Buck, d/b/a The Phat Cat, 731 Broadway,Tamara Zellers Buck, Managing Officer Tina Plaskie, d/b/a The Drop Zone, 860 Rush Limbaugh Jr. Memorial Drive, Tina Plaskie, Managing Officer Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 18,2007 FF-326 E00600107DW McGroarty's, Inc., d/b/a Jeremiah's, 127 N. Water,Donald Ganim, Managing Officer Independence Place, Inc., d/b/a Independence Place, 5 S. Henderson, Ricky Werner, Managing Officer Independence Place, Inc., d/b/a Main Street Bar, 701 N. Main, Ricky Werner, Managing Officer Randy Entertainment, LLC, d/b/a Show-Me's, 1751 Independence, Randall Palen, Managing Officer 5% Beer by the Drink: James Nguyen, d/b/a Café 'N' Me, 820 N. Sprigg St., James Nguyen, Managing Officer OTHER Mrs. Tracy made a motion, seconded by Mrs. Schneider, to accept the sanitary sewer improvements to serve Orchard Park Subdivision, Sewer District 14-KK-4 The motion was approved upon the following vote: Ayes, Herbst, Hopkins, KnudtsogRitter, Schneider and Tracy. Nays, none. Mrs. Tracy made a motion, seconded by Mrs. Schneider, to accept the sanitary sewer improvements to serve the Members Building at the Dalhousie Golf Course, Sewer District 17-1- A. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. Mrs. Schneider made a motion, seconded by Mrs. Tracy, to file the recommendation of the Planning and Zoning Commission to deny the request of Wayfield,LLC, for a Special Use Permit to construct five two-story townhouse structures for a total of 43 new units, at a location between Kingshighway, Boulder Crest Drive, Hunter's Lane, and South County Park, within a C-1, Local Commercial District. Neither the applicant nor his representative was present to request a public hearing. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 07-107 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH GREATER MISSOURI BUILDERS, INC., AND THE COUNTY OF CAPE GIRARDEAU, MISSOURI; AND CONTAINING A SEVERABILITY CLAUSE, FOR THE TOWN PLAZA REDEVELOPMENT PROJECT Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 07-107. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. City Manager Doug Leslie announced this would be City Engineer Jay Stencel's last City Council meeting before moving to Minnesota and wished him well. There being no further business, the City Council adjourned upon Mr. Hopkins' motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. (-491-A-6-(;( ') (y B. ;le on, Mayor Gaye L. •,9nrad, City Clerk