Loading...
HomeMy WebLinkAboutCouncil.Minutes.10-15-2007.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 15, 2007 FF-395 E00.^O1O7DW REGULAR SESSION—OCTOBER 15,2007 The Cape Girardeau City Council convened in regular session on Monday, October 15, 2007, at 7:00 p.m., with Mayor Jay B. Knudtson presiding and Council Members Charles Herbst, Marcia Ritter,Loretta Schneider,Debra Tracy and John Voss present. Matt Hopkins was absent. Rev. Scott Moon of Grace United Methodist Church presented the invocation, and the Pledge of Allegiance was recited. Prior to the regular session,the City Council convened in closed session for purposesof discussing property acquisition and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1)and (2)upon Mr. Voss' motion,Mrs. Tracy's second,and the following vote: Ayes,Herbst, Knudtson,Ritter,Schneider,Tracy and Voss. Nays, none. The minutes of the October 1, 2007, regular and closed sessions were approved upon Mrs. Schneider's motion,Mr. Herbst's second,and the following vote: Ayes,Herbst, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. Mr. Voss made a motion, seconded by Mrs. Schneider, to adopt the agenda. Mr. Voss made a motion,seconded by Mrs. Schneider, to amend the agenda by removing items 3 and 16 relating to the vacation of Lacey Street The amending motion was approved upon the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. COUNCIL COMMUNICATIONS Mrs. Debra Tracy stated she attended the Neighborhood Connections picnic hosted by the Presbyterian Church at May Greece Garden and attended the Fire Truck Rally on Saturday. Mrs. Schneider announced the River Campus Grand Opening will be held this weekend. Tours will be available to the public. Mayor Knudtson announced that the City Council held a study session at 3 p.m. today to discuss budget issues. There will be further discussion at the next study session, and the Park/Stormwater Sales Tax Proposal will again be reviewed at that time. Mr. Herbst stated the Public Safety Foundation Golf Tournament was held today at Dalhousie to benefit the City Police and Fire Department. APPEARANCES Pastor Zack Strong of Christ Church of the Heartland appeared and requested a public hearing regarding the church's request for a special use permit to distribute preordered food at their existing church at 720 Bertling Street Mayor Knudtson stated the hearing will be held on November 5, 2007. Mr. Bo Shantz, 2303 Hunters Lane, appeared regarding agenda item#10, questioned if there were some stipulations originally made for this project and if they had been removed. Mayor Knudtson explained that City staff is recommending this be postponed because the Missouri Department of Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 15, 2007 FF-396 E00600107DW Transportation wants to review options with the City for placement of Vantage Drive that will affect this development. BILL NO. 07-172 was given second and third readings as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO WAYFIELD, LLC, 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 Mr. Voss made a motion, seconded by Mrs. Ritter, to approve the second and third readings of BILL NO. 07-172 and adopt the ordinance. Mr. Voss made a motion, seconded by Mr. Herbst,to postpone approval of the ordinance based on the development with MoDOT for placement of Vantage Drive. The motion to postpone was approved upon the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Felix Kinsley appeared and stated he will be attending future City Council meeting unless he has a Student Government Meeting. In addition,he stated that police officers are not taking action against parking violations around the university. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 07-167 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 BILL NO. 07-169 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 BY PLACING STOP SIGNS ON SUSSEX DRIVE AND DERBYSHIRE LANE AT THEIR INTERSECTIONS WITH KENT DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 07-170 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 OF CAPE GIRARDEAU, MISSOURI BILL NO. 07-171 AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY CODE RELATING TO ADVISORY BOARDS AND THE VISION 2020 COMMUNTY RELATIONS COUNCIL Mr. Herbst made a motion, seconded by Mrs. Tracy, to approve the second and third readings of BILL NOs. 07-167, 07-169, 07-170 and 07-171, and to adopt the ordinances. The motion was • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ Session October 15,2007 FF-397 Fnnann+p7nw approved upon the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-167 is ORDINANCE NO. 3856; BILL NO. 07-169 is ORDINANCE NO.3857; BILL NO. 07-170 is ORDINANCE NO. 3858; BILL NO. 07-171 is ORDINANCE NO. 3859. NEW ORDINANCES BILL NO. 07-173 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF FOUNTAIN STREET BETWEEN MORGAN OAK AND WILLIAM STREET Mr. Herbst made a motion,seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-173. the motion was approved upon the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mrs. Ritter stated this will be a new entrance to downtown from the Bill Emerson Bridge. A portion of the funding is fromthe DREAM Initiative. BILL NO. 07-174 was given first reading as follows: AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT AND BINDING UNILATERAL AGREEMENT WITH VERIZON WIRELESS RELATING TO BUSINESS LICENSE TAXES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion,seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-174. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. BILL NO. 07-175 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF VILLAS AT CAPE ROCK 2 Mrs. Tracy made a motion,seconded by Mrs. Schneider,to approve the first reading of BILL NO. 07-175. The motion was approved upon the following vote: Ayes, Herbst, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons due to the developer's financial relationship with the bank where he works. BILL NO. 07-176 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF LOT U115 OF THE HIGHLANDS AT DALHOUSIE-PHASE III Mrs. Tracy made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 07- 176. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-177 was given first reading as follows: AN ORDINANCE REPEALING CHAPTER 8 OF THE CITY CODE ENTITLED "CABLE COMMUNICATIONS" AND ENACTING A NEW CHAPTER 8 ENTITLED "VIDEO SERVICE REGULATION", IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 15, 2007 FF-198 E00600107DW Mr. Herbst made a motion,seconded by Mrs. Schneider,to approve the first reading of BILL NO. 07-177. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. City Manager Doug Leslie explained that the State Statutes changed regarding cable television service and established a statewide franchising law and eliminated local cable franchise agreements. This ordinance eliminates the Cable Television Advisory Board which helped with the franchise issues. All regulation of these services will be handled under a state franchise. City Attorney Eric Cunningham continued that the State law allows few City regulations. It allows a City franchise fee at the Federal Level, public access channels, and limited regulation of the use of public rights-of-way. RESOLUTIONS BILL NO. 07-178 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO ADDENDUM NO. 2 TO THE GENERAL ENGINEERING SERVICES AGREEMENT WITH WATERS ENGINEERING, INC., FOR WATER SUPPLY IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 07-178 was approved and the resolution adopted upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. BILL NO. 07-178 is RESOLUTION NO.2310. BILL NO. 07-179 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO ADDENDUM NO. 3 TO THE GENERAL ENGINEERING SERVICES AGEEMENT WITH WATERS ENGINEERING, INC. The reading of BILL NO. 07-179 was approved and the resolution adopted upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss Nays, none. BILL NO. 07-179 is RESOLUTION NO.2311. BILL NO. 07-180 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL ENGINEERING SERVICES AGREEMENT FOR ENGINEERING SERVICES WITH WATERS ENGINEERING, INC., IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 07-180 was approved and the resolution adopted upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss Nays, none. BILL NO. 07-178 is RESOLUTION NO.2312 APPOINTMENTS Mr. John Voss made a motion, seconded by Mrs. Tracy, to appoint Mike Keefe, Robert Harris, Rick Fehr and Beverly Evans to the Parks and Recreation Advisory Board for terms expiring Proceedings of the City Council, City of Cape Girardeau', Mo: Regular Session October 15, 2007 FF-399 F(N16nn1 nmw October 29, 2010. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mrs. Tracy made a motion,seconded by Mrs. Schneider, to appoint Sarah Stephens to the Historic Preservation Commission for a term expiring April 16, 2008. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider,Tracy and Voss. Nis, none. Mrs. Ritter made a motion, seconded by Mr. Voss, to reappoint Charles Haubold and Harry Rediger to the Planning and Zoning Commission for terms expiring November 1, 2011. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. LIQUOR LICENSE Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve a liquor by the drink and Sunday sales license for Dianne Delapaz, d/b/a Casa Mexicana, 1832 N. Kingshighway, Dianne Delapaz, Managing Officer. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. OTHER Mrs. Schneider made a motion, seconded by Mr. Herbst, accepting the remaining public improvements for the Kohl's Project, consisting of a connector street between Siemers Drive and Shirley Drive,and authorizing the City Manager to execute the Certificate of Reimbursable Costs. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mrs. Ritter made a motion,seconded by Mrs. Schneider, changing City Council meeting dates for the calendar year 2008 as set out in Council Letter No. 256. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. Mayor Knudtson stated that the Council members are trying to schedule quarterly study sessions at the request of Mrs. Schneider. Most members preferred to place the study sessions just prior to a regular City Council meeting at 4:00 p.m. However, Mrs. Schneider prefers to have it on the second Monday. Mayor Knudtson requested city staff contact Mrs. Schneider to identify available dates. There being no further business,the City Council adjourned upon Mr. Voss' motion,Mrs. Tracy's second, and the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. tifewramomb / Jay B ; udtson, Mayor ,q( Wim" Ii / lp Gayle L.I.nrad,City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session FF-400 E00600107DW THIS PAGE INTENTIONALLY LEFT BLANK.