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HomeMy WebLinkAboutCouncil.Minutes.10-01-2007.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular - Session October 1, 2007 FF-387 Fnn6nnin7nW REGULAR SESSION—OCTOBER 1,2007 The Cape Girardeau City Council convened in regular session on Monday, October 1, 2007, at 7:00 p.m., with Mayor Jay B. Knudtson presiding and Council Members Matt Hopkins, Marcia Ritter,Loretta Schneider,Debra Tracy and John Voss present. Charles Herbst was absent. Reverend Bob Towner of Christ Episcopal 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 ofdiscussing litigation, confidential communications with the City Attorney, and personnel pursuant to RSMo. Sections 610.021(1) and (3) upon Mrs. Tracy's motion, Mrs. Ritter's second, and the following vote: Ayes, Hopkins,Knudtson,Ritter,Schneider,Tracy and Voss. Nays, none. The minutes of the September 17, 2007, regular and closed sessions were approved upon Mrs. Tracy's motion, Mrs. Ritter's second, and the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. Mr. Hopkins made a motion, seconded by Mr. Voss, to adopt the agenda. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. COUNCIL COMMUNICATIONS Mayor Knudtson presented a plaque to Mr. Ed Serandos congratulating him on his 30 years of service at the Fire Department and wished him well in his retirement. Mayor Knudtson also presented a plaque to Bob Kimbel congratulating him on his years of service to the Fire Department and wished hin well in his retirement. Mayor Knudtson presented a proclamation to Connie Hanner, Chairman of the Vision 2020 Community Relations Council, recognizing the month of October as Cape's Neighborhood Nights Month. Mrs. Tracy suggested people use area parks for neighborhood picnics. There will be a Ward 3 picnic at Capaha Park on October 28t. In addition, Mrs. Tracy announced that the Public Safety Foundation is having a kickoff Golf Tournament at the Dalhousie Golf Course. Fire Chief Rick Ennis presented a history of the Public Safety Foundation,which is a 501(c)(3)corporation that allows people to donate to the Police and Fire Department and provides a tax break for those donations. Police Chief Carl Kinnison stated the Golf Tournament will be all day on October 15, 2007. Many businesses are helping to sponsor the tournament. Upon questioning by Mr. Voss, Chief Kinnison reported that eight people have been assigned to the Parking Task Force, and the first meeting is October 10, 2007, at 7:30 a.m. The group will be meeting once a week, and will try to have recommendationsto the Council by the first of the year. Mr. Voss stated that the City Parks and Recreation Department again sponsored the Corporate Games Event,and the City team placed second in the event. City Manager Doug Leslie explained that the purpose of the corporate games is to help develop comradery among employees and other businesses. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 1,2007FF-388 E00600107DW Mr. Dan Muser, Parks and Recreation Director, presented an update on the repairs at the Central Pool. Staff has ordered a new pump and is also working on a temporary alternate pump. Once the temporary pump has been installed, the pool can be refilled and checked to see if the pump will work. Alliance Water Resources and Dutch Enterprises are helping staff on the repair. CITY MANAGER COMMUNICATIONS Mr. Leslie reported that there are three additional employee retirements this month, including Randy Davis and Gary Kitchen from the Public Works Department, and Carl Eakins from the Police Department. PUBLIC HEARINGS This being the date set for a public hearing to consider the request of Carlos Ratliff for a special use permit to construct a commercial parking lot at 622 North Sprigg Street, within an R-4, multiple 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. Larry Dowdy appeared on behalf of Mr. and Mrs. Ratliff in support of the request and to answer questions. This property will be used for a parking lot for their employees at Ratliff Care Center across the street. There being no further appearances this hearing was closed. BILL NO. 07-170 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CARLOS RATLIFF AND EMMAGENE RATLIFF, FOR PURPOSES OF CONSTRUCTING AND MAINTAINING A COMMERCIAL PARKING LOT, LOCATED AT 622 SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Voss made a motion, seconded by Mrs. Tracy,to approve the first reading of BILL NO. 07- 170. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. This being the date set for a public hearing to consider the request of Wayfield,LLC, for a special use permit for a community unit plan to construct a new 36-unit condominium complex between Kingshighway, Boulder Crest Drive, Hunter's Lane, and South County Park, within a C-1, local commercial 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) 1 the application file. Mr. Carry Harbison appeared on behalf of the developers in support of the request and to answer questions. The plans call for the condos to be approximately 1100 square feet with a minimum of two bedrooms and a one car garage. There is room to change the size of the development prior to construction. There being no further appearances, the hearing was closd. BILL NO. 07-172 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 1,2007 FF-389 ErV430'o=ow AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO WAYFIELD, L.L.C., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CONDOMINIUM COMPLEX BETWEEN KINGSHIGHWAY, BOULDER CREST DRIVE, HUNTER'S LANE, AND SOUTH COUNTY PARK, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Ms. Ritter made a motion, seconded by Mrs. Schneider,to approve the first reading of BILL NO. 07-172. The motion was approved upon the following vote. Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. APPEARANCES Mrs. Mary Obergoenner appeared and stated she lives in Wyandotte Subdivision. She requested a stop or yield sign on Derbyshire and Sussex at Kent Drive, and not on Kent Drive as stated on the council agenda BILL NO. 07-169 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 BY PLACING STOP SIGNS ON KENT DRIVE AT ITS INTERSECTION WITH SUSSEX DRIVE AND DERBYSHIRE LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion,seconded by Mrs. Tracy,to approve the first reading of BILL NO. 07-169. Mrs. Tracy made a motion,seconded by Mrs. Schneider,to amend the ordinance to place stop signs on Sussex Drive and Derbyshire Lane at their intersections with Kent Drive. The amending motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. The original motion was approved as amended upon the following vote: Ayes, Hopkins, Knudtson, Ritts, Schneider,Tracy and Voss. Nays, none. Mr. Don Howard appeared and questioned why the City is doing all the maintenance on the Central High School pool. In addition, Mr. Howard stated he feels the parks sales tax is a luxury tax and expressed his opposition. He also asked that the Police Department look into drug activity in the 1000 block of South Ellis. Mayor Knudtson explained there is a contract with the school, and it is a joint effort to pay the operation and maintenance costs of the pool Mr. Mark Kutz appeared stating he appreciates what staff has been doing to repair the pool. He feels the park sales tax would be a positive direction for the future of Cape. It has not been on the ballot before, and he requested the Council allow this to be put on the ballot so that the public can vote on it. Mayor Knudtson stated the proposition to build a water park has been on the ballot before in different versions. Council is planning a budget meeting in twoweeks to review revenue options. Mrs. Megan Mills, 1014 N. West End, appeared and requested that the sidewalks be extended on North West End Boulevard past Mississippi Street. She feels this would be very beneficial for the safety of children. Mr. Leslie explained that the widening of North West End, including stormwater work, was included as a contingency project in Transportation Trust Fund 3. If it doesn't get done, it will be Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 1, 2007 FF-390 E00600107DW high on the priority list for TTF 4. There is not adequate space now for stormwater and sidewalks. Discussions on TTF 4 will start within the next several months in the Planning and Zoning Commission. Mr. Mark Caplan appeared to thank Mr. Dan Muser for the City staff who are working on theIII Central Pool and the park facilities. Cape has an amazing park system, but it is in need of support and funding. The Cape Area Youth Soccer Association hosts 100 teams in the spring and fall seasons, plus 50 teams in two tournaments which bring people to Cape. Mr. Don Howard stated the parks issue was on the ballot in the 1980's and 1990's and again expressed his opposition to the proposed sales tax. In addition, he stated thatFort D is in need of a new roof. He then requested that the City Council either limit fireworks to one day, or raise the tax on fireworks forthe full week of sales. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 07-161 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 BILL NO. 07-164 AN ORDINANCE APPROVING THE RECORD PLAT OF OLIVE GARDEN CONDOMINIUMS BILL NO. 07-166 AN ORDINANCE APPROVING THE RECORD PLAT OF SEXTON SUBDIVISION Mr. Voss made a motion, seconded by Mrs. Schneider, to approve the second and third readings of BILL NOs. 07-161, 07-164 and 07-166, and to adopt the ordinances. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-161 is ORDINANCE NO. 3852; BILL NO. 07-164 is ORDINANCE NO.3853; BILL NO. 07-166 is ORDINANCE NO. 3854. The following bill was given second and third readings: BILL NO. 07-165 AN ORDINANCE APPROVING THE RECORD PLAT OF RAMSEY PLANTATION Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the second and third readings of BILL NO. 07-165 and to adopt the ordinance. Mr. Voss made a motion,seconded by Mrs. Schneider,to amend the ordinance by granting a variance and not to require sidewalks as part of the subdivision. The amending motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-165 is ORDINANCE NO. 3855. NEW ORDINANCES Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 1, 2007 FF-391 Fnnaemmnw BILL NO. 07-167 was given first readingas follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF 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. NORMAN AND RUTH ANN NORMAN, INDIVIDUALLY Mr. Voss made a motion, seconded by Mrs. Ritter, to approve the first reading of BILL NO. 07- 167. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. BILL NO. 07-171 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY CODE RELATING TO ADVISORY BOARDS AND THE VISION 2020 COMMUNITY RELATIONS COUNCIL Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 07-171. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. RESOLUTIONS BILL NO. 07-168 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CAPE GIRARDEAU CHAMBER OF COMMERCE, INC., AND THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR OPERATION OF THE CONVENTION AND VISITORS BUREAU The reading of BILL NO. 07-168 was approved and the resolution adopted upon Mr. Voss' motion, Mrs. Ritter's second, and the following vote: Ayes,Hopkins,Knudtson, Ritter,Schneider, Tracy and Voss. Nays, none. BILL NO. 07-168 is RESOLUTION NO. 2309. Mayor Knudtson stated this is the renewal of the contract with the Chamber of Commerce to operate the Convention and Visitors Bureau. LIQUOR LICENSE Mr. Hopkins made a motion,seconded by Mr. Voss, to conditionally approve a retail liquor by the drink and Sunday sales license for Jimmi's Restaurant& Bar LLC, 2406 William Street, Russell Beam, Managing Officer. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve a temporary 5% beer by the drink license for Mary E. Burton-Hitt, d/b/a Southeast Missouri Hospital Foundation, for an event to be held October 25-26, 2007, at the Show-Me Center. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, nne. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 1,2007 FF-392 E00600107DW OTHER Mayor Knudtson stated the Old Mississippi Bridge Overlook dedication will be held on October 19, 2007, at 3 p.m. There being no further business, the City Council adjourned upon Mr. Hopkins' motion, Mr. Voss' second, and the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. r =fes• iAfr- /JB. .•"dtson, Mayor Awe LLQ Conrad, City Clerk