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HomeMy WebLinkAboutCouncil.Minutes.08-20-2007.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 20, 2007 FF-359 e'oo+o7ow • REGULAR SESSION—AUGUST 20,2007 The Cape Girardeau City Council convened in regular session on Monday, August 20, 2007, at .11 7:00 p.m., with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Matthew Hopkins, Marcia Ritter,Loretta Schneider, Debra Tracy and John Voss. 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, litigation, confidential communications with the City Attorney and personnel • pursuant to RSMo. Sections 610.021(1), (2)and (3) upon Mrs. Tracy's motion,Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. The minutes of the August 6, 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, Tracy and Voss. Nays, none. Mrs. Tracy made a motion, seconded by Mrs. Schneider, to adopt the agenda with the removal of agenda item number 14 relating to a Development Agreement with Vernon Rhodes Family Partners. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,Schneider, Tracy and Voss. Nays,none. COUNCIL COMMUNICATIONS Mayor Knudtson presented a plaque to Street Superintendent Harry Salazar recognizing him for his service to the City Public Works Departmentand wishing him well in his retirement. Ms. Ritter presented an update on the Comprehensive Plan. A draft of the Comprehensive Plan was formally presented last week at a joint meeting of the City Council and the Planning and Zoning Commission. The Planning and Zoning Commission will start reviewing the plan during an upcoming study session. There will be a public hearing before the Planning and Zoning Commission on October 10, 2007. Copies of the plan are available at the Library, Old Town Cape, Chamber of Commerce, City Hall and on the City Web Page. The citizens are invited to attend the public hearing. There will be another joint City Council and Planning and Zoning Commission study session on October, 22, 2007. Mrs. Schneider requested a letter be sent to all participants of the public meetings informing them that the draft plan is available for review. CITY MANAGER COMMUNICATIONS City Manager Doug Leslie reported several members of the City staff and City Council attended the Corps of Engineers meeting today with representatives from the Memphis and St. Louis Districts. A status report on current and future projects was presented, and tours of the Corps of Engineers Flagship,The Motor Vessel Mississippi,will be conducted over the weekend. Tom Mogelnicki of the Cape Girardeau County Transit Authority presented an update on the expansion of the bus routes in the City to include the Red Star Area, NARS, and the Career and Technology Center. There will now be two bus routes,one on the east side of town and one on the west side of town, with transfer points at Save-A-Lot and NARS. The Transit Authority still operate a taxi service 24 hours a day, 7 days a week anywhere in Cape County. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 20, 2007 FF 360 EUUbUU1U/UW APPEARANCES: Ms. Debby Erlbacher appeared and requested a change in the City's current liquor license ordinance. She explained that she operates a business at 28 N. Pacific, and she wants City Ordinance Section 5-6 changed to be the same as the state statute by prohibiting a liquor establishment within 100 feet of a school or church, instead of 200 feet as is presently stated in the ordinance. She reviewed information she previously presented to the City Council relating to the number of schools and churches in the City that could be affected by this change. She wants to purchase her existing property, but without a liquor license she cannot maintain her business at a profit and may be forced to close. She currently runs her business off of a secondary liquor license and cannot continue this expense. Police Chief Carl Kinnison reported that other liquor license requests within 100 feet of a church or school have been declined at the staff level in the past. That is the reason the City Council does not usually address this issue. Mayor Knudtson commented that the existing ordinance appears to be working, and he questioned whether one request is enough to change an ordinance. Ms. Ritter asked someone to address the economics of this and what this business brings to the community. Mrs. Erlbacher stated she serves 10,000 people through her business each year. The average wedding has 175-200 people, mostly from out of town, who are spending money in town on hotels, restaurants and gifts. She estimates that these activities bring in over $2 to $3 million annually to the City. Following discussion by the Council, Mayor Knudtson directed staff to place an ordinance on the next agenda for first reading changing the liquor license distance restriction from 200 feet to 100 feet. Mr. Jeff Bohnert appeared in support of Agenda Item number 13 relating to the Julie Subdivision record plat and to answer any questions. BILL NO. 07-147 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF JULIE SUBDIVISION NO. 4 The first reading of BILL NO. 07-147 was approved upon Mr. Voss' motion,Mr. Herbst's second, and 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. 07-134 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 20,2007 FF-361 EWsnO+OTDW BILL NO. 07-137 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 BILL NO. 07-138 AN ORDINANCE AMENDING SECTION 30-117 OF CHAPTER 30 OF THE CITY CODE REGARDING MEMBERSHIP ON THE HISTORIC PRESERVATION COMMISSION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion,seconded by Mr. Hopkins, to approve the second and third readings of BILL NOs. 07-134, 07-137 and 07-138 and to adopt the ordinances. The motion was approved upon the following vote: Ayes; Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO 07-134 is ORDINANCE NO. 3839; BILL NO. 07-137 is ORDINANCE NO. 3840; BILL NO 07-138 is ORDINANCE NO. 3841. The following bill was given second and third reading as follows: BILL NO. 07-133 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 30T" DAY OF JUNE, 2008 Mr. Hopkins made a motion, seconded by Mrs. Tracy, to approve the second and third reading of BILL NO. 07-133 and to adopt the ordinance. Mr. Hopkins made a motion, seconded by Mrs. Tracy, to amend the ordinance by changing the tax rates as stated in Council Letter Number 193. The amending motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-133 is ORDINANCE NO. 3842. City Manager Doug Leslie explainedthat the City just received the tax rates from the Department of Revenue which necessitated the change in the ordinance. Once the property assessments went up,the City was forced to lower the rates. NEW ORDINANCES BILL NO. 07-140 was given first readingas follows: AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING TAXICABS Mrs. Tracy made a motion,seconded by Mrs. Schneider,to approve the first reading of BILL NO. 07-140. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson stated this issue was reviewed by a staff committeq and they made the recommendations to change the ordinance. Proceedings of the City Council, City of Cape Girardeau, Mo. Pegular Session August 20, 2007FF-362 E00600107DW BILL NO. 07-144 was given first reading as follows: AN ORDINANCE ACCEPTING A GRANT OF EASEMENT FROM DALHOUSIE, LLC, FOR MAINTENANCE OF SEWER DISTRICT 17-1-A, LOCATED IN THE LOCHS OF DALHOUSIE SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Ms. Ritter made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-144. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-146 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF RESUBDIVISION OF LOT 2 OF THE BLATTNER DRIVE FOURTH WEST MINOR SUBDIVISION AND LOT 5 OF BLATTNER SECOND WEST SUBDIVISION Mrs. Schneider made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 07-146. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. RESOLUTIONS BILL NO. 07-142 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH STANDLEY BATCH, INC., FOR CONSTRUCTION OF A SECURITY FENCE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 07-142 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Hopkins abstained for financial reasons due to a business relationship with Standley Batch, Inc. BILL NO. 07-142 is RESOLUTION NO.2298. BILL NO. 07-145 was presented as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION FROM RUTH ANN NORMAN AND EARL H. NORMAN, TRUSTEES OF THE RUTH ANN NORMAN REVOCABLE LIVING TRUST AGREEMENT DATED DECEMBER 4, 1987; EARL H. NORMAN, TRUSTEE OF THE EARL H. NORMAN REVOCABLE LIVING TRUST AGREEMENT DATED DECEMBER 4, 1987; AND EARL H. AND RUTH ANN NORMAN, INDIVIDUALLY, AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION Ms. Ritter made a motion, seconded by Mrs. Schneider, to approve the reading of BILL NO. 07- 145 and adopt the resolution. Mr. Voss made a motion, seconded by Mr. Hopkins, to amend the ordinance by changing the public hearing date to September 4, 2007. The amending motion was approved upon the following vote: Ayes,Herbst,Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. The original motion was approved as amended upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 07-145 is RESOLUTION NO. 2299. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 20,2007 FF-363 Eoflsw+o'ow BILL NO. 07-148 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT CONTRACT AND CONCESSION AGREEMENT WITH ENTERPRISE LEASING COMPANY OF ST. LOUIS TO PROVIDE AUTOMOBILE RENTAL SERVICES AT THE CAPE REGIONAL AIRPORT The reading of BILL NO. 07-148 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. 07-148 is RESOLUTION NO.2302. BILL NO. 07-149 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT GROUND LEASE WITH JNV, LLC, AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 07-149 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. 07-149 is RESOLUTION NO.2300. BILL NO. 07-150 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AIRPORT GROUND LEASE WITH HANGAR 3, INC., AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 07-150 was approved and the resolution adopted upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss Nays, none. BILL NO. 07-150 is RESOLUTION NO.2301. LIQUOR LICENSE Mrs. Tracy made a motion,seconded by Mrs. Schneider, to approve a temporary liquor license for Mary Ramsey, d/b/a/ Cape Girardeau Music Heritage Association, for an event to be held September 7-8, 2007, in Downtown Cape Girardeau. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. OTHER Mayor Knudtson stated that at the last several meetings,the Council has discussed parking issues around the University and throughout the City and agreed to establish a Parking Task Force to review the issues. Staff met and made recommendations on the makeup of the committee,which is included in the Council letter. Mrs. Tracy questioned if staff or the task force would be getting parking studies from the comprehensive plan report as well as the downtown parking study. Mr. Leslie explained that staff will provide all the needed information,and there also may be a parking study through the T.E.A.P Program within the next 6 months. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 20, 2007FF_364 E00600107DW Mayor Knudtson stated that the makeup of the Parking Task force will be • Downtown representative • Old Town Cape representativg • City Attorney's Office represertative • Engineering Division representative • Police Department representative • Resident outside university area • Resident inside the university area • University student that is a city resident but does not live on campus • University representative fromthe Department of Public Safety Mr. Leslie stated that staff will fill the positions with individuals and proceed with the work. Mr. Voss requested regular updates on the progress of the task force. Mr. Hopkins made a motion, seconded by Mr. Voss, accepting the improvements completed under the Middle Merriwether Sewer Improvement Project and authoring final payment to Dutch Enterprises, Inc. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Ritter, Schneider,Tracy and Voss. Nays, none. Mayor Knudtson abstained due tothe contractors' business relationship at the bank where he works. Mr. Hopkins made a motion, seconded by Mrs. Schneider, approving the improvement plans for Walden Park II Subdivision. 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 Mr. Hopkins, accepting into the City's system the sanitary sewer and water line improvements,as shown on the approved plans,to serve the Enclave on Silverado Subdivision. 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. Herbst's motion,Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. A rnudtson, Mayor 4 i I/16Va Gayle L.�nrad, City Clerk 6: