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HomeMy WebLinkAboutCouncil.Minutes.09-17-2007.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 17, 2007 FF-377 FOnBnnlnmw REGULAR SESSION—SEPTEMBER 17,2007 The Cape Girardeau City Council convened in regular session on Monday, September 17, 2007, at • 7:00 p.m., with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Matt Hopkins, Marcia Ritter,Debra Tracy and John Voss present. Loretta Schneider wasabsent. Reverend Sam Ramdial of First General Baptist Church presented the invocation, and the Pledge of Allegiance was recited. Prior to the regular session,the City Council convened in closed session forpurposes of discussing litigation and personnel pursuant to RSMo. Sections 610.021(1) and (3) upon Mr. Herbst's motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Tracy and Voss. Nays, none. The minutes of the September 4, 2007, regular and closed sessions were approved upon Mr. Hopkins' motion,Mr. Herbst's second,and the following vote: Ayes,Herbst,Hopkins,Knudtson, Ritter,Tracy and Voss. Nays, none. Mr. Voss made a motion, seconded by Mrs. Tracy, to adopt the agenda. The motion was approved upon the following vote:Ayes,Herbst,Hopkins,Knudtson, Ritter,Tracy and Voss. Nays,none. COUNCIL COMMUNICATIONS Mayor Knudtson presented a proclamation to Mary Bauer honoring her for being named Miss Missouri Outstanding Teen USA. The Mayor presented a Certificate of Recognition to Kevin Stanfield recognizing Winks Convenience Stores for participating in emergency preparedness efforts at their new store on Perryville Road at Lexington Avenue by installing emergency generator connectionsto the fuel pumps. Mrs. Tracy stated she and other Council and staff members attended the Missouri Municipal League Conference last week, and she also attended the WWII Memorial in Kansas City on September 11t. Mayor Knudtson commented that he and Charlie Herbst attended the Constitution Day at Alma Schrader School. Mayor Knudtson thank City Clerk Gayle Conrad for her assistance in establishing electrical service in downtown Cape for the Musicfest event. CITY MANAGER COMMUNICATIONS City Manager Doug Leslie welcomed Ken Eftink as the new Development Services Director for the City. APPEARANCES Mr. Mike Keefe, Chairman of the Parks and Recreation Advisory Board, appeared and presented a brief history on the Parks and Storm Water Tax Proposal. After taking under advisement previous comments from the City Council, a revised proposal has been submitted to the Council by the Parks and Recreation Advisory Board and Golf Course Advisory Board. The revised proposal includes a ten-year sunset on 3/8 cent of the tax designated for capital and projects,and Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 17, 2007 FF 378 E00600107DW 1/8 cent remains without a sunset provision because it is for operational costs. The new proposal prioritizes projects and outlines the cost of each project. The Boards are requesting that the proposal be placed on the ballot for vote as soon as possible. Members of each Board went to organizations that use the park facilities and asked for their input. These comments were used in the development of this proposal. He also discussed how the projects were scaled down from the original proposal. Mr. Jeff Brune of the Cape Youth Tackle League appeared and discussed how the proposal would have an impact on this program. He supported putting the tax proposal on the ballot. Mrs. Debbie Lust, Vice President of the Cape Area Youth Soccer Association, appeared and explained there are approximately 700 students per year in the soccer program. The soccer fields need new restrooms,concession stands and paved parking. Cape is unable to compete with other towns to get large soccer tournaments here. Perryville, Carbondale and Farmington have better facilities, restrooms, concessions and fields to host soccer tournaments. Mr. Dan Grimm, Cape Area Youth Soccer Association Tournament Director, discussed the impact this proposal would have on the program. He also discussed the financial impact that local tournaments have on the city. Mr. Mark Kutz appeared and reported that the Gator Swim Team currently hosts three annual tournaments. The number of teams competing is going down because of the air quality in the bubble. Central pool is now shut down due to mechanical problems, and there is no place for the high school students to practice. Mr. Kutz supported putting the proposal on the ballot to help with all park facilities. Mr. Dan Rau, Vice President of the Gator Swim Team, stated that under the new proposal, the problems at the bubble could be resolved, and Cape could remain competitive with other swim team and recreation program. Mr. Percy Huston of the Cape Youth Baseball League appeared and commented that this proposal would greatly improve infrastructure for all park facilities, especially the ball fields. This program would enhance Cape and the citizens' quality of life. Mayor Knudtson stated if this tax is approved, Cape's total tax would be just less than eight percent. As a business owner, he asked Mr. Huston if is this a concern. In addition, he asked his thoughts on the location of the ball fields that areaffected by the annual Semo District Fair. Mr. Huston stated he has reviewed this as a taxpayer. He feels the tax is for a greater good, and he supports it. In addition, Mr. Huston stated it would be great to see other baseball fields at a new facility, but the current facilities have to accommodate all recreation needs of the City. They are public facilities and must be used for all needs and not just baseball. Mrs. Tracy spoke in support of the City's park facilities and how hard the Parks and Recreation Department has worked with what has been given to them. She feels Council should give the public the opportunity to vote on this issue. Mr. Herbst explained that the Council will be holding a study session in the near future to discuss funding sources and creative revenues to support general operation of the City. After this study session, he may then be prepared to put the issue on the April election ballot. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 17, 2007 FF-379 EOO600+O7nW Mr. Voss stated that the City is dependent on sales tax. In the future, other unfunded needs will come before the Council to be considered. It is the Council's responsibility to look at all needs of the City and not just this need. Mr. Hopkins stated he is comfortable with putting this proposal on the April election ballot. This tax can only be used for Parks and Stormwater needs. Mr. Danny Essner,a member of the Park Board,appeared and requested the proposal be placed on the ballot soon. The projects are needed, and the Boards want the public to be able to express its opinion on the issue. April will work best for the proposal,and he plans to visit service clubs and other organizationsto educate people so they are able to make an informed decision. Mayor Knudtson stated there will be a study session scheduled to review available funding opportunities within the next month. Mr. Chris Moore, Vice President of Velo Girardeau, appeared to support bicycle safety in the community. This bike club adopted a resolution for bicycle safety,which he read to the Council. He requested a panel be established to coordinate a bicycle safety program for the City's roads. He then presented a petition with over 800 signatures supporting bicycle safety, a proposal to establish a bicycle safety program, state statutes relating to bicycle rights on public roadways,and a proposal on the national initiative for cities to become a Bicycle Friendly Community. He requested the City become affiliated with the Bicycle Friendly Community program, and that all present and future street designs include bicycle guidelines. In response to a question by the Mayor, Mr. Moore explained that a group in the Leadership Cape Program presented a Complete the Street Program to put bike trails on several streets in the city. However, he felt this program falls short of establishing a city-wide bike safety program. Mr. Leslie stated that the City has worked with the Chamber group to establish bike routes and signage on certain streets in the city. Eric Rediger has already met with staff on the routes, signage and the criteria to consider for routes. Velo Girardeau is welcome to attend and work with staff and the Chamber Group on the bike plan. Mr. Leslie discussed City Staff's proposal to remove the traffic signals at Pacific and Independence. Traffic patterns changed when Schultz School moved. The City started traffic studies several months ago and followed guidelines as established in the Missouri Uniform Traffic Code to determine traffic counts and traffic flow. Engineering traffic studies show that signals are not warranted at this location. Ms. Betty Voss, Chairman of Trinity School Board, collected 200 signatures on a petition opposing removal of the stop light at Pacific and Independence, because children walk to school and cross Independence, traffic on Pacific backs up past their driveway to their school, and traffic will increase when the Federal Building is opened and when Schultz School is converted to senior housing. Mrs. Tracy questioned if the traffic signal is removed can a pedestrian crossing lightbe installed. Mr. Leslie expressed concern with the risk to pedestrians. There is a stop signal on Jefferson during school hours, and staff has concerns with safety there. Following discussion by the Council, Mr. Voss made a motion, seconded by Mr. Hopkins, to re- implement the traffic light at Pacific and Independence as it was previously in operation. The Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 17, 2007 FF 380 E006001070W motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Tracy and Voss. Nays, none. Ms. Cindy Jeter-Yanou, 2140 West Cape Rock, appeared in opposition to a request by Heather Soohon for a special use permit at 2126 West Cape Rock and presented a petition requesting Council deny the request. Mr. Hopkins made a motion, seconded by Mr. Herbst, to file the recommendation of the Planning and Zoning Commission to deny the request of Heather Soohon for a special use permit to operate a daycare for a maximum of 20 children at 2126 West Cape Rock Drive within an R-1 single family residential district. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Tracy and Voss. Nays, none. Mr. Earl Norman of Benton Hill Trace appeared in support of the record plat of Ramsey Plantation and to answer questions. BILL NO. 07-165 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF RAMSEY PLANTATION Mrs. Tracy made a motion, seconded by Mr. Herbst to approve the first reading of BILL NO. 07- 165. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Tracy and Voss. Nays, none. Mr. Don Howard, 1100 Ranney, appeared in opposition to the Parks and Stormwater Tax proposal. He feels if the proposal is approved, the City sales tax will go to near 8 percent and people will start shopping elsewhere. Mr. Eric Goodin appeared in support of the Park Tax proposal and Bike Safety Program. Bicyclists would like to see a long term commitment and planning from the City to establish bike lanes along major street routes. Mayor Knudtson stated that City staff will be looking to consolidate all biking groups for one common goal. During the planning of the Transportation Trust Fund 4 projects, staff can look at establishing bike trails along new streets or on renovated streets. Mr. Kevin McCulley, 1938 Benjamin Court, appeared in support of the record plat of Olive Garden Condominiums and to answer questions. BILL NO. 07-164 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF OLIVE GARDEN CONDOMINIUMS Mr. Voss made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 07- 164. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Tracy and Voss. Nays, none. First Reading. Mr. Don Howard appeared and requested the Council discuss the fireworks ordinance prior to next July. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 17,2007 FF-381 F[NMn11(17nW CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 07-152 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF LOT 24, BLOCK 2, PARK PLACE SUBDIVISION,LOCATED AT 1330 BROADWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, FROM R-2 TO C-1 BILL NO. 07-153 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO TRIFECTA DEVELOPMENT, L.C., AND FAMILY VIDEO, INC. FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A BUILDING AND PARKING LOT FOR COMMERCIAL RETAIL USES AT 506 N. WEST END BOULEVARD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 07-155 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO B.A.C. ENTERPRISES, L.L.C., FOR PURPOSES OF CONSTRUCTING AND MAINTAINING A RESIDENCE AND A DUPLEX ON AN EXISTING VACANT LOT, LOCATED AT 1000 NORTH FREDERICK STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 07-154 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO BRENDA WARE LEWIS FOR PURPOSES OF MAINTAINING AND OPERATING A DAYCARE AT 805 SOUTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 07-156 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 BY PLACING STOP SIGNS ON WOODLAND HILLS DRIVE AT ITS INTERSECTION WITH GREENBRIER, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 07-157 AN ORDINANCE ACCEPTING A PERMANENT SEWER EASEMENT FROM WHISPERING OAKS OF CAPE GIRARDEAU, LC, FOR MAINTENANCE OF SEWER "E" LOCATED IN WHISPERING OAKS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the second and third readings of BILL NOs. 07-152, 07-153, 07-155, 07-154, 07-156 and 07-157 and to adopt the ordinances. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Tracy and Voss. Nays, none. BILL NO. 07-152 is ORDINANCE NO. 3846; BILL NO. 07-153 is ORDINANCE NO.3847; BILL NO. 07-155 is ORDINANCE NO. 3848; BILL NO. 07-154 is ORDINANCE NO. 3849; BILL NO. 07-156 is ORDINANCE NO. 3850; BILL NO. 07-157 is ORDINANCE NO. 3851. NEW ORDINANCES BILL NO. 07-161 was given first readingas follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 17, 2007 FF 382 E00600107DW AN ORDINANCE APPROPRIATING MONIES FOR OPERATING EXPENDITURES AND CAPITAL EXPENDITURES FROM THE CONVENTION AND TOURISM FUND FOR THE FISCAL YEAR ENDING JUNE 30, 2008, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 07- 161. The motion was approved upon the following vote: Ayes, Herbst,Hopkins,Knudtson,Ritter, Tracy and Voss. Nays, none. Mr. Voss requested a copy of the Drury Settlement Agreement relating to the distribution of funds. Mayor Knudtson suggested that at the next meeting the Council should be updated on the process the Chamber followed to solicit input on how funds were to be distributed. BILL NO. 07-166 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF SEXTON SUBDIVISION Mr. Herbst made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 07- 166. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,Tracy and Voss. Nays, none. RESOLUTIONS BILL NO. 07-160 was presented as follows: A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, EXPRESSING SUPPORT FOR THE CONVERSION OF SCHULTZ SCHOOL TO SENIOR CITIZEN HOUSING The reading of BILL NO. 07-160 was approved and the resolution adopted upon Mr. Herbst's motion, Mrs. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Tracy and Voss. Nays, none. BILL NO. 07-160 is RESOLUTION NO.2306. BILL NO. 07-162 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A WRECKER SERVICE AGREEMENT WITH CAPE AUTO POOL, D/B/A A & A TOWING Mrs. Tracy made a motion,seconded by Mr. Hopkins, to approve the reading of BILL NO. 07-162 and adopt the resolution. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Tracy and Voss. Nays, none. BILL NO. 07-162 is RESOLUTION NO. 2307. BILL NO. 07-163 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A VEHICLE LOCKOUT SERVICE AGREEMENT WITH CAPE AUTO POOL,D/B/A A & A TOWING Mrs. Tracy made a motion,seconded by Mr. Hopkins,to approve the reading of BILL NO. 07-163 and adopt the resolution. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,Ritter,Tracy and Voss. BILL NO. 07-163 is RESOLUTION NO. 2308. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 17, 2007 FF-383 Fnnapmmnw APPOINTMENTS Mayor Knudtson made a motion, seconded by Mr. Hopkins, to appoint Mr. Ronald "Ike"Carlton to the Public Library Board for a term expiring June 30, 2008. The motion was approved upon the following vote: Ayes, Herbst,Hopkins,Knudtson,Ritter,Tracy and Voss. Nays, none. LIQUOR LICENSE Mr. Hopkins made a motion,seconded by Mrs. Tracy,to approve a change in managing officer for Sams East, Inc. d/b/a Sams Club #6479, 232 Shirley Drive, and Walmart Stores East, LP, d/b/a Walmart Supercenter #188, 3439 William, Lorene Samson, Managing Officer. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Tracy and Voss. Nays, none. OTHER Mr. Herbst made a motion, seconded by Mr. Voss, approving a taxicab license for Chuck Nocera, d/b/a Heavenly Delivery and Cab Service, 403 S. Pacific. The motion was approved upon the following vote: Ayes, Herbst,Hopkins,Knudtson,Ritter, Tracy and Voss. Nays, none. Mr. Voss suggested this business be included in the group discussing the proposed taxi ordinance or at least inform them when the ordinance is on the agenda. Mayor Knudtson stated staff and Council are looking to revise the taxi ordinance requirements, and Mr. and Mrs. Nocera are welcome to give input on this process. Mr. Chuck Nocera's wife appeared stating the business has been in operation fo>five years. It is a delivery service now and they want to expand that service. Mr.Nocera is the only driver, and they have only one vehicle. Mr. Hopkins made a motion, seconded by Mr. Voss to approve the preliminary plat of Boulder Crest Estates. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Tracy and Voss. Nays, none. Mr. Herbst made a motion,seconded by Mrs. Tracy, to accept the improvements completed under the 2006 Concrete Overlay Program,to waive liquidated damages,and to authorize final payment to Fronabarger Concreters,Inc. The motion was approved upon the following vote: Ayes,Herbst, Knudtson, Ritter, Tracy and Voss. Nays, none. Mr. Hopkins abstained for financial reasons due to his business relationship with the contractor. There being no further business, the City Council adjourned upon Mr. Hopkins' motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Tracy and Voss. Nays, none. Are :. Km.tson, Mayor i, / 6 Gayle L ••nrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session FF 384 500600107M THIS PAGE INTENTIONALLY LEFT BLANK.