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HomeMy WebLinkAboutCouncil.Minutes.08-06-2007.Regular Feedings of the City Council, City of Cape Girardeau, Mo. • Session FF-351 EO^SOO+O7Dw REGULAR SESSION—AUGUST 6,2007 The Cape Girardeau City Council convened in regular session onMonday,August 6, 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. PastofMark Martin of St. Andrew 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 cf discussing property acquisition,litigation, confidential communications with the City Attorney and personnel pursuant to RSMo. Sections 610.021(1), (2) and (3) upon Mrs. Tracy's motion, Ms. Ritter's second, and the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. The minutes of the July 23, 2007 regular and closed sessions were approved upon Mrs. Schneider's motion, Mrs. Tracy'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 Mayor Knudtson presented a proclamation to the Cape Girardeau 10-year old Cal Ripkin All-Star Baseball team recognizing them on their accomplishments and wishing them good luck in the Cal Ripkin World Series Tournament. Mayor Knudtson recognized Lonnie Lusk of the Noon Optimist Club for the donation of a playground to be placed at Shawnee Park Sports Complex. The Noon Optimist Club donated $25,000, CASA $donated 5,000 and B.W. Harrison donated$13,600, for a total of$43,600 for the playground. Mr. Herbst announced that parks staff will be installing the playground at Shawnee Park. Mrs. Tracy asked if any organization will be donating fans for public use during this heat wave, and she informed the Council that the Osage Center has been activated as a cooling center. Charlotte Craig of the Cape Girardeau County Public Health Center will check into the availability of fans for the public. CITY MANAGER COMMUNICATION Ms. Charlotte Craig of the Cape Girardeau County Public Health Center presented an update on the Medical Reserve Corps, the Pandemic Influenza Preparation, and statistics on environmental health activities during 2006. In answer to a question regarding new septic tanks, she stated that the Health Center approves plans and tries to complete final inspections on septic tank installations. City Manager Doug Leslie announced that Tom Mogelnicki will present an update on the County Transit Authority at the next City Council meeting. Proceedings of the City Council, City of Cape Girardeau, Mo. Session FF 352 E006001070W Ms. Ritter stated that on August 16, the draft Comprehensive Plan will be presented at a joint Planning and Zoning Commission and City Council Meeting to be held at the Osage Community Centre. After the draft is complete, it will be made available to the public, and a public hearing will be held. Mr. Leslie stated that after the public hearing, the plan will be have to be adopted by the Planning and Zoning Commission. PUBLIC HEARING This being the date set for a public hearing regarding the property tax rates proposed to be set by the City of Cape Girardeau for the fiscal year beginning July 1, 2007, and the real property tax rate proposed to be set for the Special Business District No. 2 for the fiscal year beginning July 1, 2007,the hearing was opened There being no appearances, the hearing was closed. BILL NO. 07-133 was given first reading as fdlows: AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; LIBRARY FUND TAX; PUBLIC HEALTH TAX; SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE 30n1 DAY OF JUNE, 2008 Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-133. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. This being the date set for a public hearing to consider a request of Harry and Stephanie Birkhead for a special use permit to operate a recording studio located at 1124 William Street,within a R-4, Multi-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. Mr. Birkhead appeared in support of the request. There being no further appearances,the hearing was closed. BILL NO. 07-137 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO HARRY BIRKHEAD AND STEPHANIE BIRKHEAD FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A RECORDING STUDIO AT 1124 WILLIAM STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion,seconded by Mrs. Tracy,to approve the first reading of BILL NO. 07- 137. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. This being the date set for a public hearing to consider an amendment to the Zoning Ordinance of the City of Cape Girardeau by reducing the number of members on the Historic Preservation Commission from 11 to 9. There being no appearances,the hearing was closed. BILL NO. 07-138 was given first reading as follows: AN ORDINANCE AMENDING SECTION 30-117 OF CHAPTER 30 OF THE CITY CODE REGARDING MEMBERSHIP ON THE HISTORIC PRESERVATION COMMITTEE, IN THE CITY OF CAPE GIRARDEAU MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Session FF-353 cnnanm mnw Mrs. Schneider made a motion,seconded by Mr. Herbst,to approve the first reading of BILL NO. 07-138. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. CONSENT ORDINANCES: The following bills were given second and third readings: BILL NO. 07-128 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CORRECTED QUIT CLAIM DEED TO ST. ANDREW LUTHERAN CHURCH TO CORRECT THE LEGAL DESCRIPTION FOR THE PROPERTY TRANSFER OF KINGSWAY DRIVE IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 07-132 AN ORDINANCE APPROVING THE RECORD PLAT OF STOREY'S SUBDIVISION BILL NO. 07-131 AN ORDINANCE APPROVING THE RECORD PLAT OF LAFONT'S FIRST Mr. Herbst made a motion,seconded by Mr. Hopkins, to approve the second and third readings of BILL NOs. 07-128, 07-132 and 07-131 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 07-128 is ORDINANCE NO. 3836; BILL NO. 07-132 is ORDINANCE NO. 3837; BILL NO 07-131 is ORDINANCE NO. 3838. NEW ORDINANCES BILL NO. 07-134 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE, BY PLACING A YIELD SIGN ON THIRD STREET AT ITS INTERSECTION WITH LACRUZ STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Hopkins made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 07-134. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. City Manager Doug Leslie stated that this was presentd at the request of a citizen and an engineering study has been completed byCity staff. RESOLUTIONS BILL NO. 07-135 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH THE SOUTHEAST MISSOURI CHILDREN'S MUSEUM AND MERRIWETHER INVESTMENTS, INC. FOR CONSTRUCTION OF A WALKWAY AND HANDICAPPED ACCESS TO THE BUILDING LOCATED AT 101 WILLIAM STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Session FF-354 E00600107DW The reading of BILL NO. 07-135 was approved and the resolution adopted upon Mrs. Schneider's motion, Ms. Ritter's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. BILL NO. 07-135 is RESOLUTION NO.2295. Upon questioning by Ms Ritter, Ms. Martha Brown informed the Council that the building for the Children's Museum is under renovation and should be open this fall. Governor Blunt will be there Friday for an update on the DREAM Initiative, which provided tax credits for the museum. BILL NO. 07-136 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KOEHLER ENGINEERING AND LAND SURVEYING, INC. FOR PROFESSIONAL SERVICES FOR LEWIS AND CLARK PARKWAY, PHASE III, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 07-136 was approved and the resolution adopted upon Mr. Herbst's motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Ritter, Schneider and Tracy. Nays, none. Mr. Hopkins and Mayor Knudtson abstained for financial reasons due to their business relationship with the contractor BILL NO. 07-136 is RESOLUTION NO.2296. BILL NO. 07-139 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH JASON MARTIN TO CONSTRUCT A RETAINING WALL AT 2436 BROOKWOOD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 07-139 was approved and the resolution adopted upon Mr. Hopkins' motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Ritter, Schneider and Tracy. Nays, none. Mr. Hopkins and Mayor Knudtson abstained for financial reasons due to their business relationship with the contractor BILL NO. 07-139 is RESOLUTION NO.2297. LIQUOR LICENSE Mrs. Tracy made a motion, seconded by Mrs. Schneider, to conditionally approve a license for Fred L. Higdon, d/b/a Southeast Missouri District Fair, for an event to be held September 8-15, 2007 in Arena Park. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy.Nays, none. OTHER Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve an out-of-district sewer connection for Patrick W. Sulser at 1709 Flad Avenue in Sewer District No. 12. The motion was approved by the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. Mr. Herbst made a motion,seconded by Mrs. Ritter, to accept the sewer improvements completed for Serv-Pro on LaSalle Road. The motion was approved by the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Session FF-355 Fppann1mnw Regarding proposed amendments to the Taxi Ordinance, Mayor Knudtson stated these proposed changes are presented on the recommendation ofa Staff Committee that reviewed requirements for businesses providing transportation services.City Attorney Eric Cunningham explained that every person offering transportation services will have to apply for this license, and no one will be grandfathered. Once a current license expires,the person or business must apply for a new license under these new provisions. Following discussion, the Council directed City staff to place the proposed ordinance on the August 20 agenda for first reading. - There being no further business, the City Council adjourned upon Mr. Herbst's motion, Mrs. Schneider's second and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider and Tracy. Nays, none. /6.X ay By' udtson, Mayor AO e,td 69//laa Gayle L. r rad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session FF-356 E00600107DW THIS PAGE INTENTIONALLY LEFT BLANK