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HomeMy WebLinkAboutCouncil.Minutes.01-22-2008.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session January 22,2008 GG-43 Ev072v04 1JB • REGULAR SESSION—JANUARY 22,2008 The Cape Girardeau City Council convened in regular session on Tuesday, January 22, 2008, at 7:00 p.m., with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Matt Hopkins,Marcia Ritter,Loretta Schneider,Debra Tracy and John Voss present. Rev. Fr. Augustine Alilonu of St. Francis Chapel presented the invocation, and the Pledge of Allegiance was led by Boy ScoutJared Sailor of Troop 2. Prior to the regular session,the City Council convened in closed session for purposes of discussing property acquisition and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1) and (2) upon Mrs. Tracy's motion, Mr. Hopkins' second, and the following vote:Ayes,Herbst,Hopkins, Knudtson,Ritter,Schneider,Tracy and Voss. Nays, none. The minutes of the January 7, 2008, r egular 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. Schneider made a motion, seconded by Mrs. Tracy, to adopt the agenda. The motion was approved upon the following vote: Ayes,Herbst,Hopkins, Knudtson,Ritter,Schneider, Tracy and Voss. Nays, none. COUNCIL COMMUNICATIONS Mayor Knudtson introduced members of Boy Scout Troop 5 and 2. They were present to fulfill requirements for Citizenship and Communication Badges. Mrs. Schneider stated she felt there are a lot of violations of the City nuisance ordinances. She questioned the requirements of the nuisance ordinance and if it can be tightened up. There are many historic properties that are vacant and in bad condition. She requested ideas from staff on how these structures can be addressed and how to put more responsibility on property owners. Development Director Ken Eftink stated most nuisance issues are investigated on a complaint basis. Staff can look at other communities and see how they are handling these issues. Staff has worked with owners of hi3oric structures to try to save the structures. Ms. Ritter stated that the Planning and Zoning Commission will be looking at the minimum regulations for rental property, and they could look at these issues as well. Ms. Ritter continued that there were many city-wide activities over the past few days celebrating Martin Luther King Jr. day. She expressed her appreciation to the Council and the organizations hosting these events. Ms. Tracy announced that the River Corridor Task Force is serving dinner at the Salvation Army Friday evening to kick off their activities. Ms. Ritter stated Vision 2020 will be serving breakfast on January 29, 200$at St. Francis Medical Center,and the Melvin Gateley Awards of Distinction will be presented at that time. Mayor Knudtson commended the Airport Advisory Board on their commitment to review and make a recommendation on the Essential Air Service at the Cape Girardeau Regional Airport. The City is waiting for confirmation from the U.S. Department of Transportation to award the service to Great Lakes. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session January 22,2008 GG-44 tUU/ZUU41JU Mayor Knudtson announced that Commander Premier has changed management and will start aircraft production at the airport in the near future. Regarding the Independence Street widening project,the City has received the Commissioners' award, and the project will begin in the spring. The City will also be startingthe LaSalle Avenue project in the next 10 to 12 months. Mr. Voss stated that the members of the Public Awareness Advisory Council met prior to the City Council meeting. They had not met since May of 2007. The committee reviewed the history of the Public Awareness Council. One of the original goals of this group was to provide informative programming for the public access channel to keep the citizens engaged in their city government, and this goal will continue. The committee agreed that regular updates on public awareness efforts of the City can be accomplished at the City Council regular study sessions or at the special City Council quarterly study sessions. Mayor Knudtson expressed concerns with disbanding the group because of the original goals that were set. He wants to insure that staff does not lose the priorities of the Council. He will support doing away with the Public Awareness Advisory Council, but he wants to continue to strive for new ways to communicate with the citizens. The Public Awareness Advisory Council recommended that it be disbanded and to accept the staff's recommendation as outlined in the staff report. Ms. Ritter stated she is comfortable with the recommendation as long as the City continues to communicate with the citizens and re-activate the committee if necessary. Mayor Knudtson stated the Public Information Coordinator will submit a quarterly report to the City Council and bring up issues as needed. The City Council then discussed publishing a quarterly update or newsletter to be distributed to all citizens. This was previously eliminated due to budget reductions, but the Council agreed that the staff should again review the cost and feasibility to continue this newsletter. Mr. Herbst stated that the Public Information Coordinator does send out the monthly Chronicle newsletter through e-mail sources,and many resource centers distribute this to their patrons. Mr. Voss made a motion, seconded by Mr. Hopkins, to dissolve the Public Awareness Advisory Council. Following discussion,the motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. CITY MANAGER COMMUNICATIONS City Manager Doug Leslie announced that Assistant to the City Manager Heather Brooks had a baby boy over the weekend. In February, the Parking Task Force will present their recommendations to the City Council. In addition, the Taxi Committee will be presenting their review in the near future, and second and third readings of the Ordinance will be held at that time. PUBLIC HEARING This being the date set for a public hearing regarding a petition for voluntary annexation from RiverWest Partners, L.C., Walden Park Village, LLC, A.G. Jones Properties, LLC, and Quantus Development,LLC, for a 14.57 acre tract of land located adjacent to the northern city limits along Cape La Croix Road, the hearing was opened. There being no appearances the hearing was closed. This being the date set for a public hearing to consider vacating the City's interest in the Cardinal Lane right-of-way, the hearing was opened There being no appearances the hearing was closed. BILL NO. 08-22 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session January 22,2008 GG-45 CWP200ti1JB AN ORDINANCE VACATING THE CITY'S INTEREST IN THE STREET RIGHT-OF-WAY ADJACENT TO NORTHVIEW ACRES SUBDIVISION KNOWN AS CARDINAL LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Voss made a motion, seconded by Mr. Hopkins to approve the first reading of BILL NO. 08- 22. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. APPEARANCES Police Chief Rick Ennis presented the historyof the Fire Department Explorer Post 4911 Program and introduced the members participating in the program. He reviewed the activities and training they have completed over the past year. Mayor Knudtson stated Mr. Tom Mogelnicki, Interim Director of the Cape County Transit Authority,appeared at the study session and will not be present at the meeting. Mr. Chris Koehler appeared on behalf of Rhodes Family Partners regarding the Kingsway Drive reconfiguration and the ordinances on the agenda relating to this project. This project will allow for Kingsway Drive to be realigned and to constructa designated parking lot with 20 spaces for the recreation trail. It will eliminate the sharp curve on Kingsway Drive near Cape LaCroix Creek. Mr. Voss stated that one of his boy scouts did an Eagle Scout project at this location and asked the developer to restore any improvements that were previously placed there. Mr. Leslie explained that Rhodes Family Partners has assumed all expenses for this project in exchange for the old street right-of-way being dedicated to them. BILL NO. 08-17 was given first reading as follows: AN ORDINANCE ACCEPTING QUIT CLAIM DEEDS FROM BRENDA J. STOCKLAS, F. WILLIAM STOCKLAS, BARBARA E. CULLEN TOBIN, LARRY TOBIN AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE RECONFIGURATION OF KINGSWAY DRIVE PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 08- 17. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Ritter, Schneider, Tracy and Voss. Mayor Knudtson abstained for financial reasons because the Rhodes Family has a financial interest at the balk where he works. . BILL NO. 08-16 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH VERNON E. RHODES FAMILY PARTNERS, L.P., AND RHODES DEVELOPMENT COMPANY, L.L.C., FOR CONSTRUCTION OF THE RECONFIGURATION OF KINGSWAY DRIVE IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mrs. Tracy, to approve the reading of BILL NO. 08-16 and adopt the resolution. The motion was approved upon the following vote: Ayes, Herbst, Hopkins,Ritter, Schneider,Tracy and Voss. Nays,none. Mayor Knudtson abstained for financial Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session January 22, 2008 GG-46 UUI4UU41J1:1 reasons because the Rhodes Family has a financial interest at the bank where he works. BILL NO. 08-16 is RESOLUTION NO. 2334. Mr. Don Howard appeared in opposition to the proposed Parks and Recreation and Stormwater sales tax proposal. He also stated there are problems with lewd behavior on the south part of town and wants something down about it. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 08-02 AN ORDINANCE ACCEPTING FEE SIMPLE INTEREST, A PERMANENT SLOPE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FROM DANNY STRATTON FOR THE CONSTRUCTION OF FOUNTAIN STREET AND OTHER PROJECTS BILL NO. 08-03 AN ORDINANCE ACCEPTING A GRANT OF EASEMENT FROM DALHOUSIE, L.L.C., TO SERVE THE LOCHS OF DALHOUSIE SUBDIVISION IN SEWER DISTRICT 17-1-A, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 08-07 AN ORDINANCE ACCEPTING A GRANT OF EASEMENT FROM DALHOUSIE, L.L.C., TO SERVE THE HIGHLANDS OF DALHOUSIE SUBDIVISION PHASE IV IN SEWER DISTRICT 17-1- A, IN THE CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. 08-08 AN ORDINANCE ACCEPTING A GRANT OF EASEMENT FROM DALHOUSIE, L.L.C., TO SERVE THE HIGHLANDS OF DALHOUSIE SUBDIVISION PHASE IV IN SEWER DISTRICT 17-1- A BILL NO. 08-09 AN ORDINANCE APPROVING THE RECORD PLAT OF THE HIGHLANDS AT DALHOUSIE—PHASE IV Mrs. Tracy made a motion,seconded by Mr. Hopkins,to approve the second and third readings of BILL NOs. 08-02, 08-03, 08-07, 08-08 and 08-09 and to adopt the Ordinances. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtsm, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-02 is ORDINANCE NO. 3880, BILL NO. 08-03 is ORDINANCE NO. 3881, BILL NO. 08-07 is ORDINANCE NO. 3882 and BILL NO. 08-08 is BILL NO 3883 and BILL NO. 08-09 is ORDINANCE NO. 3884. NEW ORDINANCES BILL NO. 08-11 was given first readingas follows: AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT AND BINDING UNILATERAL AGREEMENT WITH AT&T MOBILITY RELATING TO BUSINESS LICENSE TAXES Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session January 22,2008 GG-47 Ev072v0,4 149 Mr. Leslie gave a summary of the three ordinances on the agenda that are the result of settlements with telephone companies relating to business icense taxes for their services in Cape Girardeau. Mrs. Schneider made a motion,seconded by Mr. Herbst, to approve the first reading of BILL NO. 08-11. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,Schneider,Tracy and Voss. Nays, none. BILL NO. 08-12 was given first reading as follows: AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT AND BINDING UNILATERAL AGREEMENT WITH SPRINT RELATING TO BUSINESS LICENSE TAXES Mr. Voss made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 08-12. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,Schneider,Tracy and Voss. Nays, none. BILL NO. 08-13 was given first readingas follows: AN ORDINANCE APPROVING A MUTUAL SETTLEMENT AGREEMENT WITH US CELLULAR RELATING TO BUSINESS LICENSE TAXES Mrs. Schneider made a motion,seconded by Mrs. Tracy, to approve the first reading of BILL NO. 08-13. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. City Attorney Eric Cunningham stated therecould be up to six more of these agreements coming. BILL NO. 08-14 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CLAUDE AND DOROTHY FOESTE FOR THE REALIGNMENT OF LOMBARDO DRIVE Mr. Voss made a motion,seconded by Mr. Hopkins, to approve the first reading of BILL NO. 08- 14. The motion was approved upon the following vote: Ayes, Herbst,Hopkins, Knudtson,Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-15 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO CLAUDE AND DOROTHY FOESTE FOR THE PROPERTY TRANSFER NEEDED FOR THE REALIGNMENT OF LOMBARDO DRIVE IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Voss made a motion,seconded by Mr. Hopkins, to approve the first reading of BILL NO. 08- 15. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-18 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF THE LOCHS AT DALHOUSIE- PHASE IV Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session January 22, 2008 GG-48 UK)/20041JH Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 08-18. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-21 was given first reading as folows: AN ORDINANCE ACCEPTING A PERMANENT UTILITY EASEMENT FROM NORTH POINTE CENTER, L.L.C., FOR THE NORTH POINTE CENTER PHASE II WATER LINE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion,seconded by Mrs. Tracy,to approve the first reading of BILL NO. 08-21. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. RESOLUTIONS BILL NO. 08-19 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5 TO THE GENERAL AGREEMENT FOR ENGINEERING SERVICES WITH S.H. SMITH & CO., INC., FOR THE DESIGN OF A SANITARY SEWER LINE IN FOUNTAIN STREET PHASE 2, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Voss made a motion,seconded by Mrs. Tracy, to approve the reading of BILL NO. 08-19 and adopt the resolution. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-19 is RESOLUTION NO. 2335. BILL NO. 08-20 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PLANNING ASSISTANCE TO STATES AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR THE CAPE LA CROIX SINKHOLE STUDY Mr. Voss made a motion,seconded by Mrs. Tracy,to approve the reading of BILL NO. 08-20 and adopt the resolution. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-20 is RESOLUTION NO. 2336. Mr. Leslie updated the City Council on the current sink hole situation. Eleven sinkholes have now been mapped along the Cape LaCroix Creek area. A portion of South Sprigg has been closed. This agreement will help to identify causes of the problem and develop a plan for mitigation. There are many utilities and other services that run through this area. LIQUOR LICENSE Mrs. Tracy made a motion,seconded by Mrs. Schneider,to approve a 5% beer by the drink liquor license for Salamy Twins, Inc., d/b/a Phoenicia, 1000 North Sprigg, Emad Salamy, Managing Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session January 22,2008 GG-49 E0072004IJO Officer. The motion was approved by the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. OTHER Mayor Knudtson stated that the City Council had a lengthy discussion in the study session on the County transit program. Staff is awaiting additional financial information from the County. Mrs. Schneider made a motion, seconded by Mr. Herbst, to table the discussion on the transit program until the City Finance Director receives and reviews the requested financial information. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. Mr. Voss made a motion, seconded by Mr. Hopkins, to set a public hearing on the 2008-2013 Capital Improvements Program for February 19, 2008. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mrs. Tracy made a motion, seconded by Mrs. Schneider, accepting the Comprehensive Plan for the City of Cape Girardeau. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson thanked Mrs. Tracy,Mrs. Schneider and Ms. Ritter for participating in the process. The committee will be meeting this week to begin discussing ideas on implementation of the Plan. Mrs. Ritter stated the Plan is available on the City web page and at thePublic Library. Mr. Hopkins made a motion, seconded Mr. Voss, accepting the improvements completed on the Historic Cape Girardeau Bridge Restoration Project, and authorizing final payment to Nip Kelley Equipment Company, Inc., contingent upon receipt of the remaining final documentation. The motion was approved upon the following vote: Ayes, Herbst Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Voss introduced his son Jackson,who is working towards his Eagle Scout rank. There being no further business, the City Council adjourned upon Mr. Voss' motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. 1. 57 Knudtson, Mayor Atl Coucce GayleConrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session GG-50 1UU/2UU41Jtl THIS PAGE INTENTIONALLY LEFT BLANK.