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HomeMy WebLinkAboutCouncil.Minutes.02-04-2008.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 4,2008 GG-53 FnnWnnt n7i]W SESSION—FEBRUARY 4,2008 The Cape Girardeau City Council convened in regular session on Monday, February 4, 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. Reverend Mark Martin of St. Andrew Lutheran Church presented the invocation, and the Pledge of Allegiance was led by Jack Crane of Boy Scout Troop 5. The Mayor also introduced Andrew La Foe and Nathan Stearns ofBoy Scout Troop 5. Prior to the regular session,the City Council convened in closed session for purposes of discussiig property acquisition, litigation and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1) and (2) upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes,Herbst,Hopkins, Knudtson,Ritter, Schneider,Tracy and Voss. Nays,none. The minutes of the January 17, 2008, special session and January 22, 2008, regular and closed sessions were approved upon Mr. Voss' 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 Mr. Herbst, 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 and Chief Carl Kinnison recognized Lt. Paul Echols and Chief Robert Ledbetter of the Carbondale Police Department, as well as Det. Jimmy Smith of the Cape Police Department for their diligent efforts in solving five cold case murders in Cape Girardeau from over 30 years ago. Each officer described their experiences in working the cases and the success in solving the murders. Mr. Danny Essner of the Parks Development Foundation gave a presentation outlining the Parks and Recreation and Stormwater Tax Proposal that will be on the ballot for a public vote on April 8, 2008. Mr. Hopkins stated the Westfield area has been in need of major renovation for quite some time. The area is heavily populated by apartments. Approximately three years agghe and staff met with several landlords to discuss their concerns with this neighborhood Last week, staff met again with many landlords from this area, and most are interested in working to revitalize it. Mr. Herbst commended staff and the landlords for their cooperation and their continuing work to improve this area. Mayor Knudtson announced that Annie Anand has been promoted to the City Geographical Information Systems(GIS)Coordinator position. APPEARANCES: Mr. Chris Hutson appeared and presented the recommendations from the Parking Task Force. He reviewed the history of the group and the areas of concern that they reviewed. First, the Task Force recommended that parking fines throughout the City be increased to $25, $35 and $45 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 4, 2008 GG-54 E00600107DW depending on the timeliness of the payment. Second, the Task Force recommended additional signage at the University to inform citizens of the City's parking regulations and the new fines. The University Department of Public Safety will increase enforcement of parking regulations around the University. Third, Ms. Jodi Stahley reviewed the issue of residential parking permits around the campus. At this time, the Task Force did not recommend any changes,but will wait to see what happens with the additional signage and new fines. Fourth, the University asked that parking be eliminated on portions of Morgan Oak near the River Camps for safety reasons, and the Task Force agreed with this request. Fifth, the Task Force reviewed parking in the downtown area and did not see any issues with the two way traffic and loading zones on Main Street. Sixth, regarding repeat parking offenders, the Task Force recommended that the revenue from the increased fines be used to purchase software to allow police officers to identify repeat offenders. The Task Force agreed to meet again in six to 12 months toreview the recommendations and see if they are having any impact Mrs. Tracy asked residents who have not had parking issues addressed to contact the Police Department with their concerns. Mayor Knudtson stated these recommendations will be in the form of an ordinance at the next meeting. BILL NO. 08-28 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, BY REPEALING CERTAIN NO PARKING ON MORGAN OAK STREET AND ESTABLISHING NEW NO PARKING ON MORGAN OAK STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 08-28. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Voss stated this will be a good move for pedestrian safety, but he questioned whether the City should wait until the new parking lots are complete before removing the parking spaces. Mr. Don Howard appeared to express his opposition to the Parks and Recreation and Stormwater Sales Tax Proposal. Mayor Knudtson explained if the tax is approved,a bond issue will be used to provide funding up front for the projects, and the tax will pay back the bonds. There are specific projects identifiedby the Parks Departmert that will be completed with this funding source. Mr. Dan Stitz, Mr. George Reutzel and Mr. Stan Wicks of the Board of Examiners were present to answer questions regarding the ordinance on the agenda amending the trades licenses regulations. Mrs. Schneider questioned whether, under the proposed changes, individuals will be able to work under another person's license. Ms. Ritter questioned if there were any changes relating to an owner/occupant working on their own home. Mr. Stitz and Development Services Director Ken Eftink discussed the provisions in the ordinance relating to these questions. Following additional discussion by the Council and staff, Mayor Knudtson requested staff present to the Board of Examiners the final draft of this ordinance for review at their meeting on Wednesday, and then bring the ordinance back to theCouncil for consideration. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 4,2008 GG-55 EOOBiviOTDW Mrs. Schneider made a motion, seconded by Mr. Hopkins to postpone the first reading of BILL NO. 08-27. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,Schneider, Tracy and Voss. Nays, none. BILL NO.08-27 reads as follows: AN ORDINANCE AMENDING SECTION 15-427 AND SECTION 15-430 OF THE CITY CODE RELATING TO LICENSES AND PERMITS Ms. Deborah Erlbacher appeared in support of her request for a liquor license and to answer any questions. Mr. Herbst made a motion, seconded by Mrs. Schneider to conditionally approve a retail liquor by the drink license for Deborah A. Erlbacher, d/b/a Shamrocks Irish Pub, 10 South Plaza Way, Deborah A. Erlbacher, Managing Officer. The motion was approved upon the following vote: Ayes, Hopkins, Herbst, Knudtson,Ritter,Schneider, Tracy and Voss. Nays, none. Mr. Harold Griffith appeared in support of his request for a liquor license and to answer any questions. Mr. Voss made a motion, seconded by Mr. Herbst, to approve a change in managing officer for Cape Harmony Enterprise, d/b/a The Cape Club Complex, 433 South Sprigg Street, Harold L. Griffiths, Managing Officer. The motion was approved upon 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. 08-11 AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT AND BINDING UNILATERAL AGREEMENT WITH AT&T MOBILITY RELATING TO BUSINESS LICENSE TAXES BILL NO. 08-12 AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT AND BINDING UNILATERAL AGREEMENT WITH SPRINT RELATING TO BUSINESS LICENSE TAXES BILL NO. 08-13 AN ORDINANCE APPROVING A MUTUAL SETTLEMENT AGREEMENT WITH US CELLULAR RELATING TO BUSINESS LICENSE TAXES BILL NO. 08-14 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CLAUDE AND DOROTHY FOESTE FOR THE REALIGNMENT OF LOMBARDO DRIVE BILL NO. 08-15 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Febr'iary 4,2008 GG-56 E00600107DW BILL NO. 08-17 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 BILL NO. 08-18 AN ORDINANCE APPROVING THE RECORD PLAT OF THE LOCHS AT DALHOUSIE—PHASE IV BILL NO. 08-21 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 BILL NO. 08-22 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. Herbst made a motion, seconded by Mr. Hopkins,to approve the second and third readings of BILL NOs. 08-11,08-12, 08-13, 08-14, 08-15, 08-17, 08-18, 08-21 and 08-22 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. 08-11 is ORDINANCE NO. 3885, BILL NO. 08-12 is ORDINANCE NO. 3886, BILL NO. 08-13 is ORDINANCE NO. 3887, BILL NO. 08-14 is ORDINANCE NO. 3888, BILL NO. 08-15 is ORDINANCE NO. 3889, ORDINANCE NO. 08-17 is ORDINANCE NO. 3890, BILL NO. 08-18 is ORDINANCE NO. 3891, BILL NO. 08-21 is ORDINANCE NO. 3892, BILL NO 08-22 is ORDINANCE NO. 3893. NEW ORDINANCES BILL NO. 08-25 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A GENERAL WARRANTY DEED TO VERNON E. RHODES FAMILY PARTNERS, L.P., AND RHODES DEVELOPMENT COMPANY, LLC, FOR THE RECONFIGURATION OF KINGSWAY DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 08-25 was approved upon Mr. Hopkins' motion, Ms. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Ritter, Schneider,Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons because the Rhodes family has an interest at the bank where he works. BILL NO. 08-26 was given first reading as follows: AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM VERNON E. RHODES FAMILY PARTNERS, L.P., AND RHODES DEVELOPMENT COMPANY, LLC, FOR THE RECONFIGURATION OF KINGSWAY DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 4,2008 GG-57 FnnWnnlmnw The first reading of BILL NO. 08-26 was approved upon Mrs. Tracy's motion,Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons because the Rhodes family has an interest at the bank where he works. LIQUOR LICENSE Mrs. Tracy made a motion, seconded by Mr. Herbst, to approve a change in managing officer for O'Charley's, Inc., d/b/a O'Charley's#3786, 3093 William,Timothy B. Blake, Managing Officer. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. Mr. Herbst made a motion,seconded by Mrs. Schneider, to conditionally approve a wholesalers of intoxicating liquor of all kinds liquor license for Major Brands, d/b/a Major Brands, 2100 Themis Street, Todd H. Epsten, Managing Officer. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. OTHER There being no further business, the City Council adjourned upon Mr. Hopkins' motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Jay B udtson, Mayor Gayle Le nrad,City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session GG-48 E00600107DW THIS PAGE INTENTIONALLY LEFT BLANK