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HomeMy WebLinkAboutCouncil.Minutes.04-21-2008.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 21,2008 GG-95 4004IJB REGULAR SESSION—APRIL 21,2008 The Cape Girardeau City Council convened in regular session on Monday, April 21, 2008, at 7:00 p.m., with Mayor Jay B. Knudtson presiding and Council MembersCharlie Herbst,Mark Lanzotti, Marcia Ritter,Loretta Schneider,Debra Tracy and John Voss present. Rev. Roy Jones of Lynwood Baptist 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 of discussing property acquisition, litigation and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1) and (2) upon Mrs. Schneider's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. The minutes of the April 7, 2008, regular and closed sessions were approved upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. The minutes of the April 11, 2008, special session were approved upon Mr. Voss' motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Knudtson,Lanzotti,Ritter, Schneider, Tracy and Voss. Nays, none. Mrs. Tracy made a motion, seconded by Mrs. Schneider, to adopt the agenda. The motion was approved upon the following vote: Ayes, Herbst,Knudtson,Lanzotti,Ritter,Schneider,Tracy and Voss. Nays,none. Mayor Knudtson welcomed Mr. Mark Lanzotti to his first City Council Meeting. He also congratulated Mrs. Debra Tracy and Mrs. Loretta Schneider for running unopposed in the recent City Council election. COUNCIL COMMUNICATIONS Mrs. Schneider thanked everyone who helped with the Friends of the Park Day and the creek cleanup this past Saturday. She expressed concerns with the need to paint over graffiti throughout the City. Police Chief Carl Kinnison reported that Officer Couch has arrested six to seven people over the past three months for graffiti The local juvenile authorities have limited grant funding available to provide community service workers to clean up graffiti in the City. Mrs. Tracy thanked the ladies who maintain the Rose Garden in Capaha Park. She also encouraged all citizens to pick up trashas they are out in the community. Mayor Knudtson stated that following the City Council Quarterly Study Session, he had questions regarding various City projects. The Development Services office has developed a report outlining the status of capital improvement projects in the City. Development Services Director Ken Eftink reviewed Memorandum Number 08-24 and the status of the projects listed in the report. APPEARANCES Mr. Ronald Stillwagon, Federal Emergency Management Agency, appeared and presented an update on the status of individual and public assistance for recovery from the recent storm events. So far, in Cape County, 458 individuals have registered for assistance. Of that, 289 are from the City of Cape. Missouri has already disbursed$86 million in relief funds. The FEMA Community Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 21, 2008 GG-96 tUU/ZUU41Jtl Relations Team is meeting with all owners and businesses affected to inform them of available assistance. A DRC office for individual assistance is open in Jackson but will be closing as of April 26, 2008. There will be a Public Assistance Briefing this Thursday at 9 a.m. at the County Emergency Operations Center Mr. and Mrs. Mike Schumer appeared requesting a transfer ofa Special Use Permit for Spa 151 on South Spanish to facilitate a full service day spa that was formerly operated by Rowland and Wills LLC. The hours will be 9 a.m. to 7 p.m. Mrs. Schneider made a motion,seconded by Mrs. Tracy,transferring a special use permit from Scott Rowland and Ashli Rowland to Mike Schumer and Tina Schumer for the purpose of maintaining and operating a day spa and two advertising signs located at 151 South Spanish Street, in the City of Cape Girardeau, Missouri. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Brian Williams and Mr. Shawn Langford appeared, stating they are looking to open a bar and restaurant at 820 North Sprigg Street on the lower level in the back. They will be applying for a liquor license and would like to address any concerns that the Council may have. The bar and restaurant will be directed toward customers who are age 25 and up, and it will not be a college bar. Mayor Knudtson suggested they let staff assist them with the liquor license process. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO.08-45 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SHAWN PINCKSTEN, JENNIFER S. HENDRICKSON AND JAMES RHETT HENDRICKSON FOR PURPOSES OF OPERATING A CONSULTING FIRM, AND CONSTRUCTING AND MAINTAINING A MONUMENT SIGN, AT 1729 WILLIAM STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 08-47 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF AN EXISTING LOT AT 1902 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM G2 AND R-1 TO C-2 BILL NO.08-49 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF WALDEN PARK PHASE I, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-4 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 21,2008 GG-97 tW/LW41Jtl BILL NO.08-50 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RIVERWEST PARTNERS, LC, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A REAL ESTATES SALES OFFICE IN THE COMMUNITY CENTER IN WALDEN PARK PHASE I, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO.08-52 AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE EXTENSION OF WATER SERVICES TO WHITE OAKS SUBDIVISION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR BILL NO. 08-53 AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE SANITARY SEWER IMPROVEMENTS IN SEWER DISTRICT 17-D TO SERVE WHITE OAKS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR Mr. Voss made a motion, seconded by Mr. Herbst, to approve the second and third readings of BILL NOs. 08-45, 08-47, 08-49, 08-50, 08-52 and 08-53 and to adopt the Ordinances. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 08-45 is ORDINANCE NO.3909; BILL NO. 08-47 is ORDINANCE NO. 3910; BILL NO. 08-49 is ORDINANCE NO. 3911; BILL NO.08-50 is ORDINANCE NO. 3912; BILL NO. 08-52 is ORDINANCE NO. 3913; BILL NO. 08-53 is ORDINANCE NO. 3914. NEW ORDINANCES BILL NO. 08-58 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF SCHERER ESTATES Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 08-58. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter,Schneider,Tracy and Voss. Nays, none. BILL NO. 08-59 was given first reading asfollows: AN ORDINANCE AMENDING SECTION 30-117 OF THE CITY CODE RELATING TO THE TOWN CRIER AND THE HISTORIC PRESERVATION COMMISSION Mr. Herbst made a motion, seconded by Ms. Ritter, to approve the first reading of BILL NO. 08- 59. The motion was approved upon the following vote: Ayes,Herbst,Knudtson, Lanzotti,Ritter, Schneider,Tracy and Voss. Nays, none. Mr. Voss made a motion,seconded by Mrs. Schneider, to appoint Darryl Morgan as the City of Cape Girardeau Town Crier for a term expiring April 17, 2011. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 21, 2008 GG-98 hUU/10U41JB BILL NO. 08-60 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING A NO PARKING ZONE ON SOUTH FREDERICK STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Ritter made a motion,seconded by Mr. Herbst, to postpone the first reading of BILL NO. 08- 60 to the next City Council meeting. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson stated that staff had received a letter from a neighboring property owner opposed to this change in parking. He suggested staff contact GSA and the property owner todiscuss this issue. RESOLUTIONS BILL NO. 08-56 was presented as follows: A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI DEPARTMENT OF SOCIAL SERVICES UNDER THE EMERGENCY SHELTER GRANT PROGRAM, FOR SAFE HOUSE FOR WOMEN, INC., AND THE SALVATION ARMY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve the reading of BILL NO. 08- 56 and to adopt the Resolution. The motion was approved upon the following vote: Ayes,Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-56 is RESOLUTION NO.2347. BILL NO. 08-57 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FRONABARGER CONCRETERS, INC., FOR REPAIRS TO EL RIO DRIVE AND LINDEN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve the reading of BILL NO. 08- 57 and to adopt the Resolution. The motion was approved upon the following vote: Ayes,Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-57 is RESOLUTION NO. 2348. APPOINTMENTS Mayor Knudtson made a motion,seconded by Mr. Voss, to appoint Mr. Charles Herbst to serve as Mayor Pro Tempore for a term from 2008 to 2010 until the next City Council general election. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson thanked Ms. Marcia Ritter for her service over the past two years. Mrs. Schneider made a motion, seconded by Mr. Herbst, to appoint Mr. Bill Dunn, Mr. Craig Bohnsack, and Mr. John Dissauer to the Airport Advisory Board for terms expiring April 30, 2011. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 21,2008 GG-99 [00720041JB Mrs. Schneider made a motion, seconded by Mr. Herbst,to reappoint Mr. Thomas Phillips to the Board of Appeals for a term expiring May 4, 2013. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider,Tracy and Voss. Nays, none. Mrs. Tracy made a motion, seconded by Mrs. Schneider, to appoint Mr. Timothy Kelley to the Board of Adjustment for a term expiring September 4, 2010. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider,Tracy and Voss. Nays, none. LIQUOR LICENSE Mr. Voss made a motion, seconded by Mrs. Tracy, to approve a temporary 5% beer by the drink liquor license for Barbara E. Schwepker, d/b/a Esprit Optimist Club of Cape Girardeau, for an event to be held May 31, 2008, at the Southeast Missouri State University River Campus Glenn Convocation Center. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider,Tracyand Voss. Nays, none. OTHER Mr. Voss made a motion, seconded by Mrs. Tracy, to approve the preliminary plat of Thompson Subdivision. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. • The Mayor stated that the issue of peripheral planning was discussed at the last study session and will be discussed again at the City Council Retreat. This would be considered only for new subdivisions just outside the City limits and won't affect current subdivisions. The County Commission will make the final decision, and they have just begun their review. Staff has met with the City of Jackson and the County Commission on this issue. Ms. Ritter stated this does not include zoning,and it will only affect subdivisions with more than four lots. There being no further business, the City Council adjourned upon Mr. Lanzotti's motion, Mr. Voss' second,and the following vote: Ayes,Herbst, Knudtson, Lanzotti,Ritter, Schneider,Tracy and Voss. Nays, none. Jay B udtson, Mayor Gayle . onrad,City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session GG-100 Euuaeu04ia8 THIS PAGE INTENTIONALLY LEFT BLANK