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HomeMy WebLinkAboutCouncil.Minutes.05-05-2008.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 5,2008 GG-103 tW/'LW41Jtl REGULAR SESSION—MAY 5,2008 The Cape Girardeau City Council convened in regular session on Monday, May 5, 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. Mr. Jack Smart of Teen Challenge presented the invocation, and the Pledge of Allegiance waslead by Dustin Nowland and John McClain of Boy Scout Troop 16 and Alex Higgins of 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. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. The minutes of the April 21, 2008, regular and closed sessions were approved upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, 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,Knudtson,Lanzotti,Ritter,Schneider,Tracy and Voss. Nays, none. COUNCIL COMMUNICATIONS Mrs. Schneider relayed the good news that an airline is returning to the Cape Airport. City Manager Doug Leslie stated the schedule is in effect at this time and is available to book flights. The City is working with American Airlineson a code share arrangement. Mrs. Tracy stated she visited the new site of the Children's Playhouse and feels it will be a great place for events. She also attended the Downtown Council of Churches event at Capaha Park. Their next event will be a pet blessing and the third will be a soup making event. Mr. Voss commended the airport staff for working with the Boy Scout Camporee this past weekend. PUBLIC HEARING This being the date set for a public hearing regarding the request of Patrick L. Buck and Tamara Z. Buck for a Special Use Permit to operate a convenience store, deli and wall sign at 1021 Bloomfield Street, at the corner of Bloomfield Street and Hanover Street, within an R-4, Multi- 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. Patrick Buck appeared in support of the request and to answer questions. Store hours will be approximately 6 a.m. until 11 p.m. It will be an old country type store. There are parking spots for six cars beside and behind the building. There being no further appearances,the hearing was closed. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 5, 2008 GG-104 tuureuu41J1:1 BILL NO. 08-63 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JAY PURCELL, KELLY PURCELL, PATRICK BUCK, TAMARA Z. BUCK AND JAMES FULLENWEILLER, FOR PURPOSES OF OPERATING A CONVENIENCE STORE AND DELI, AND CONSTRUCTING AND MAINTAINING A WALL SIGN, AT 1021 BLOOMFIELD STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 08- 63. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti,Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Herbst requested Mr. Buck keep his area outside the store free from litter and debris the same as he does at his other business on Broadway. This being the date set for a public hearing regarding the request of Kristyn Bryant for a Special Use Permit to operate a retail business and sign, with a residential unit above, at 401 South West End Boulevard,at the corner of South West End Boulevard and Bloomfield Street,within an R-2, Single-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 Kristyn and James Bryant appeared in support of the request and to answer questions. They stated they will not immediately put up a lighted sign and reviewed the goods and services the store will provide. They have spoken with the Church across the street and they said if a Special Use Permit is obtained, then the Church will discuss letting the store use the lot. For now there will be parking on the street only. Hours of operation will be 11 a.m. until 8 p.m. Development Services Director Ken Eftink stated with a Special Use Permit, off street parking is not required unless itis made a part of the Special Use Permit. Mr. Terry Lynch, owner of the building, stated the property has always been used as commercial. He picked up trash every morning when his store was in business, and he feels the appearance will be better with a business there. There being no further appearances, the hearing was closed. BILL NO. 08-64 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO TERRY W. LYNCH, BETTY LYNCH AND KRISTYN BRYANT FOR PURPOSES OF OPERATING A RETAIL BUSINESS WITH A RESIDENTIAL UNIT ABOVE, AND CONSTRUCTING AND MAINTAINING A SIGN ON AN EXISTING SIGN POST, AT 401 SOUTH WEST END BOULEVARD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI Mr. Herbst made a motion,seconded by Mrs. Schneider, to approve the first reading of BILL NO. 08-64. 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 May 5,2008 GG-105 C0072004tJD APPEARANCES Mrs. Marla Mills, Executive Director of Old Town Cape, introduced Chris Hutson, President of Old Town Cape, and the Board of Directors. She presented a report on the progress in the Old Town Cape District over the last year. For the fourth year in a row, Old Town Cape received National Accreditation with the Main Street Program. She thanked the City for its continued support. Mrs. Tracy announced that Arts Cape is coming up. Mrs. Mills stated that Old Town Cape is providing volunteers to help. The event will be May 17, 2008 at Capaha Park from 10 a.m. until 6 p.m. Mrs. Schneider asked Mrs. Mills what is being done about the unsightly buildings on Broadway? Mrs. Mills stated the Board and the Dream Group is discussing ways to encourage owners to upgrade the façade and bring more businesses to the Old Town Cape District. Old Town Cape will be targeting efforts on the Broadway area through the DREAM Initiative. Tunes at Twilight will begin May 16 and last six weeks. All the same events will occur during the upcoming year. Liberty Fest and the Air Show will occur on illy 4, 2008. BILL NO. 08-65 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CAPE GIRARDEAU AND OLD TOWN CAPE, INC. The reading of BILL NO. 08-65 was approved and the resolution adopted upon Mrs. Tracy's motion, Mr. Voss' second and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider,Tracy and Voss. Nays, none. BILL NO. 08-65 is RESOLUTION NO. 2317. Airport Manager Bruce Loy appeared regarding the air service. He stated flights can be booked at FlyGreatLakes.com or call the reservation line. This will be limited service for a period of time and return to a normal schedule at a later date. There presently is not a code share agreement, but there may be one in the future with Frontier and United Airlines. Service begins May 7, 2008, with 8:30 a.m. flights out of Cape, and 5:30 p.m. arrival in Cape. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO.08-58 AN ORDINANCE APPROVING THE RECORD PLAT OF SCHERER ESTATES BILL NO. 08-59 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 Mrs. Schneider, to approve the second and third readings of BILL NOs. 08-58 and 08-59 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.08-58 is ORDINANCE NO.3915; BILL NO. 08-59 is ORDINANCE NO. 3916. NEW ORDINANCES BILL NO. 08-61 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 5, 2008 GG-106 UUIZUU41Jtl AN ORDINANCE AUTHORIZING ACCEPTANCE OF FEE SIMPLE INTEREST, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM DONALD AND JOY FROEMSDORF, THE NORMAN H. WEISS FAMILY TRUST AND MARK AND DORA McDOWELL FOR THE CONSTRUCTION OF LASALLE AVENUE, AND OTHER ACTIONS RELATING TO THE PROJECT Mr. Voss made a motion,seconded by Mr. Lanzotti, to approve the first reading of BILL NO. 08- 61. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti,Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson commended staff for work on this project. City Manager Doug Leslie stated the bid would be let on June 5, 200$for construction. BILL NO. 08-62 was given first reading as follows: AN ORDINANCE REPEALING AND REORGANIZING CHAPTER 19 OF THE CITY CODE BY ENACTING A NEW SECTION 2-56 OF THE CITY CODE RELATING TO ADMINISTRATION Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 08-62. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. RESOLUTIONS BILL NO. 08-68 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN OPTION TO PURCHASE AND LEASE REAL ESTATE WITH NEW RIVER DEVELOPMENT, L.L.C., FOR THE NORTH RIVERFRONT PARKING AREA IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion, seconded by Mr. Herbst, to approve the reading of BILL NO. 08-68 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. 08-68 is RESOLUTION NO. 2350. BILL NO. 08-66 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR TRANSFER AND ASSUMPTION OF ASSURANCES WITH THE MAIN STREET LEVEE& IMPROVEMENT DISTRICT IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve the reading of BILL NO. 08- 66 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. 08-66 is RESOLUTION NO. 2351. BILL NO. 08-67 was presented as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 5,2008 GG-107 E00720041JD A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR TRANSFER AND ASSUMPTION OF ASSURANCES WITH THE NORTH MAIN STREET LEVEE & IMPROVEMENT DISTRICT IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mrs. Tracy,to approve the reading of BILL NO. 08- 67 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. 08-67 is RESOLUTION NO. 2352. APPOINTMENTS Ms. Ritter made a motion, seconded by Mr. Lanzotti, to appoint Mr. Craig Billmeyerto serve on the Parks and Recreation Advisory Board for a term expiring October 29, 2009. The motion was approved upon the following vote: Ayes, Herbst,Knudtson, Lanzotti,Ritter, Schneider,Tracy and Voss. Nays, none. Ms. Ritter made a motion,seconded by Mr. Lanzotti,to reappoint Mr. Scott House and Mrs. Sarah Stephens to the Historic Preservation Commission for terms expiring April 16, 2011. 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 Mr. Lanzotti, to approve the listed liquor license renewals. The motion was approved on the following vote: Aye, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Conditional Approval: Retail Liquor by the Drink Cape Girardeau Country Club Trust d/b/a Cape Girardeau Country Club, 250 Country Club Dr., Richard Allgood, Managing Officer Columbus Club Association d/b/a Knights of Columbus, 318 S. Spanish, Gilbert Martin, Managing Officer Ray Drury d/b/a Cape Elks Lodge#639, 639 Elks Lane, Ray Drury, Managing Officer El Torero Inc.,2120 William, Delia Trejo, Managing Officer GMRI Inc. d/b/a Red Lobster, 3269 William, Mary Cowell, Managing Officer Logan's Roadhouse, Inc., 3012 William St.,James Paul, Managing Officer William Stoffel d/b/a Fraternal Order of Eagles #3775, 3231 N Spring, William Stoffel, Managing Officer Texas Roadhouse Holding LLC d/b/ Texas Roadhouse, 13 Doctors' Park, Jennifer Cope, Managing Officer Zellmer LLC d/b/a Buffalo Wild Wings, 2136 William Suite 120, William Zellmer, Managing Officer Original Package Liquor and Sunday Sales Pajco Inc. d/b/a Rhodes 101 Stop, 2109 William, Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 1624 N. Kingshighway, Paul Dirnberger, Managing Off. Pajco Inc. d/b/a Rhodes 101 Stop, 449 S. Kingshighway , Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Jaspers, 10 S. West End Blvd., Paul Dirnberger, Managing Officer Original Package Liquor, Sunday Sales& Wine Tasting Schnuck Markets Inc. d/b/a Schnucks, 19 S. Kingshighway, Robert Wiegert, Managig Off. 5% Beer By the Drink Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 5,2008 GG-108 LUU/2UU4 IJB Denise Salmon d/b/a All About You, 1750 N. Kingshighway Suite A, Denise Salmon, Managing Officer Full Approval: Retail Liquor by the Drink Patricia A. Allen d/b/a Celebrations, 915 Bellevue, Patricia Allen, Managing Officer Patricia A. Allen d/b/a Marquette Restaurant& Bar, 338 Broadway,Patricia Allen, Managing Officer Marx LLC d/b/a D'Ladium, 1127 Broadway, Mark Dirnberger, Managing Officer Retail Liquor by the Drink and Sunday Sales Applebee's Restaurants West LLC d/b/a Applebee's Neighborhood Grill & Bar, 202 S. Broadview, Gary Tauscher, Managing Officer Marx, LLC d/b/a Bella Italia, 20 N. Spanish, Mark Dirnberger, Managing Officer West Park Bowling Lanes Inc, 354 S Silver Springs Rd., Darryl James, Managing Officer Original Package Liquor and Sunday Sales Lorene Samson d/b/a Wal-Mart Supercenter#188, 3439 William,Lorene Samson,Managing Officer Lorene Samson, d/b/a Sam's Club#6479, 232 Shirley, Lorene Samson, Managing Officer Kurt Schimmer d/b/a Discount Smoke Shop, 340 S. Sprigg,Kurt Schimmer, Managing Off. Pajco Inc. d/b/a Rhodes 101 Stop, 1126 N. Sprigg, Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 546 S. Sprigg, Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 1620 N. Kingshighway, Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Jaspers, 407 Morgan Oak, Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Jaspers, 1008 N. Kingshighway, Paul Dirnberger, Managing Officer Westside Investments LLC d/b/a Westside Convenience,2017 Perryville Rd., Bill Stanfield, Managing Officer 5% Beer By The Drink Mildred Close d/b/a The Life of Jesus Religious Supply Store, 821 Broadway Suite A, Mildred Close, Managing Officer Wholesalers of Intoxicating Liquor— Under 22% Thilenius Distributing Company Inc. d/b/a River Eagle Distributing Company, 2346 Rust Ave., Gene Patterson, Managing Officer OTHER Mrs. Tracy made a motion, seconded by Mrs. Schneider, to accept improvements to the Main Street Parking lot (Boardman-Hutson Memorial Parking Lot), Downtown Street Improvements Phase 2, and to authorize final payment to Fronabarger Concreters, Inc., in the amount of $6,278.66. The motion was approved upon the following vote: Ayes,Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. 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 /,1 / IA/00d Gay e 4•nrad, City Clerk • Proceedings of the City Council, City of Cape Girardeau, Mo. Closed Session May 5,2008 GG-109 tW/"LW41JC CLOSED SESSION—MAY 5,2008 The following items were discussed in closed session onMay 5, 2008: Independence Street Project: City Planner Martha Brown stated the City is proceeding with five condemnations on this project. Mr. Mike Ervin has submitted a settlement proposal for property at 1716 Independence across from AmerenUE. The City needs 250 square feet of permanent easement and 250 square feet of temporary construction easement. The City offered$1,450, Mr. Ervin countered with$4,500, and the Council agreed to settle for $2,000. Mr. Ervin rejected the City's offer, and the City went to condemnation. The Commissioners' Award was $4,500, and now Mr. Ervin has made a settlement proposal for $11,500. City Attorney Eric Cunningham stated that if the case were settled, the City would withdraw its exceptions to the Commissioners' award. Following discussion, Mr. Voss made a motion, seconded by Mrs. Schneider, to authorize City staff to attempt to settle this matter for $4,500. The motion was approved upon the following roll call vote: Herbst,abstained for financial reasons; Knudtson,aye;Lanzotti,aye;Ritter,aye;Schneider, aye; Tracy; Voss, we. Ms. Martha Brown stated that the other condemnations included: Campus Auto—the City offered $13,580, and the Commissioners' Award was$30,000 Jim Eakins(Cape Glass&Tinting)—the City offered$6,000, and the Commissioners'Award was $12,000 Carol Sheets Property—the City offered $7,550, and the Commissioner's award was$30,000 Regarding the Sheets property, Ms. Brown reported that the City will need 1,432 square feet of right-of-way and 1,791 square feet for a temporary construction easement. The City appraised the property at $7,550, but the Commissioners awarded $30,000. Ms. Sheets' appraisal indicated a value of$147,000. The curb cuts and parking after the project is completed will be the same as it is now. Mr. Cunningham explained that mediation is set for May 13, 2008, and staff will need a range of authority to participate in the mediation. Following discussion,Mr.Voss made a motion, seconded by Mrs. Schneider, to settle for the amount of the Commissioners' Award on this property or proceed with the condemnation. Following additional discussion,Mrs. Tracy made an amending motion, seconded by Mr. Lanzotti,to give City staff a range of authority from $30,000 to $50,000 to settle this matter in mediation. The amending motion was approved upon the following roll call vote: Knudtson, aye; Lanzotti, aye; Ritter, aye; Schneider, aye; Tracy, aye; Voss, nay; Herbst,abstained for financial reasons. The original motion was approved as amended upon the following roll call vote: Lanzotti,aye; Ritter,aye; Schneider,aye;Tracy,aye;Voss, nay; Herbst,abstained for financial reasons, Knudtson, aye. Ms. Brown stated that the Campus and Eakins properties are also scheduled for mediation near the end of May and will be discussed at the next Council Meeting. Public Water Wells: Ms. Brown reported the City is attempting to acquire property from the Ruth Evans Trust just south of Water Plant 2. The Trust owns several hundred acres in this area. Most of the Trust's property is outside the City limits except two small tracts totaling approximately 8 acres. In negotiation for property for water wells, they asked if they could be allowed to hunt on the 8 acres inside the City limits. Mr. Cunningham explained that the Council would have to amend the City Code to allow hunting in certain places under Section 17-98. Following discussion, the Council indicated that this shouldn't be allowed if it will require an ordinance amendment. Proceedings of the City Council, City of Cape Girardeau, Mo. Closed Session May 5,2008 GG-110 EW,NO4IJB Mark Johnson Property on North Main Street: Development Services Director Ken Eftink stated that Mr. Johnson was requesting $250,000 for the sale of this property, and the City's appraisal came back at $255,000. Staff is still negotiating terms of a lease on additional land behind his building. The purchase is contingent on CDBG funding. There being no further business, the City Council adjourned upon Mrs. Schneider's motion, Mr. Voss' second, and the following roll call vote: Ritter aye; Schneider, aye; Tracy,aye; Voss, aye; Herbst, aye; Knudtson, aye; Lanzotti, aye. 4014160p17( Knudtson, Mayor AI I/ eiThAedi Gayle Lilt nrad, City Clerk