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HomeMy WebLinkAboutCouncil.Minutes.06-16-2008.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 16,2008 GG-133 E00720041JB REGULAR SESSION—JUNE 16,2008 The Cape Girardeau City Council convened in regular session on Monday,June 16, 2008, at 7:00 p.m.,with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Mark Lanzotti, Marcia Ritter,Loretta Schneider, Debra Tracy and John Voss present. Reverend Paul Kabo, First Presbyterian Church, presented the invocation. The Pledge of Allegiance was recited. 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. 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 June 2, 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. Ms. Ritter 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 Mayor Knudtson presented a Plaque and Proclamation to Mr. Andy Juden for serving 50 years as President of the Main Street Levee District. Development Services Director Ken Eftink presented an update on the river flood levels. The river is estimated to crest Monday,June 21 at 43.5 feet. Airport Director Bruce Loy and Old Town Cape Executive Director Marla Mills presented an update on the Libertyfest and Air Show planned on July4, 2008. Ms. Mills also appeared in support of item 28 on the agenda, the Preserve America Grant Application. She discussed the grant application that would bring funds to the City to support marketing of the downtown area. BILL NO. 08-102 was presented as follows: A RESOLUTION AUTHORIZING APPLICATION TO THE NATIONAL PARKS SERVICE HISTORIC PRESERVATIONS GRANT DIVISION FOR THE PRESERVE AMERICA GRANT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve BILL NO. 08-102 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. 08-102 is RESOLUTION NO. 2363. Proceedings of the City Council, City of Cape Girardeau, Mo. Regplar Session June 16, 2005 GG-134 E00720041JB Mr. Phillip Smith appeared on behalf of Notre Dame High School, in support of BILL NO. 08-80 and to answer questions. The school plans to add a gym area and expand the cafeteria for performing arts. BILL NO. 08-80 was given second and third reading: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 265 NOTRE DAME DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-4 Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve second and third readings of BILL NO. 08-80 and to adopt the Ordinance. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider,Tracy and Voss. Nays, none. BILL NO. 08- 80 is ORDINANCE 3924. Mr. Kevin Mills appeared in support of BILL NO. 08-99 approving the record plat of Kennedy's Addition, and to answer any questions. BILL NO. 08-99 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF KENNEDY'S ADDITION Ms. Ritter made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 08-99. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO.08-92 AN ORDINANCE ESTABLISHING UTILITY RATES FOR THE CITY OF CAPE GIRARDEAU, MISSOURI, BY AMENDING CHAPTER 22 RELATING TO SOLID WASTE FEES, AND CHAPTER 29 OF THE CITY CODE RELATING TO WATER RATES AND SEWER SERVICE CHARGES BILL NO. 08-94 AN ORDINANCE ADOPTING THE ANNUAL OPERATING BUDGET FOR THE CITY OF CAPE GIRARDEAU, MISSOURI,FOR THE FISCAL YEAR BEGINNING JULY 1, 2008 BILL NO. 08-78 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 721 SUNSET BOULEVARD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-2 TO C-1 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 16, 2008 GG-135 1W/GW41Jb BILL NO. 08-79 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 723 SUNSET BOULEVARD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-2 TO C-1 BILL NO. 08-87 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 824 SOUTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM M-2 TO C-2 BILL NO. 08-88 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MORRILL DEVELOPMENT COMPANY FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING MINI WAREHOUSE UNITS FOR STORAGE, AT 824 SOUTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 08-71 AN ORDINANCE AUTHORIZING APPLICATION TO THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE SAFE ROUTES TO SCHOOL GRANT PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS BILL NO. 08-81 AN ORDINANCE AMENDING SECTION 15-16 OF THE CITY CODE RELATING TO PROHIBITING SELLING OR SOLICITING ON PUBLIC STREETS, RIGHTS-OF-WAY, INTERSECTIONS, MEDIANS OR SIDEWALKS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 08-84 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF MT. AUBURN ROAD BETWEEN INDEPENDENCE STREET AND NORTH KINGSHIGHWAY BILL NO. 08-83 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT PARTNERSHIP AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR CONSTRUCTION OF THE CAPE GIRARDEAU, MISSOURI,RECONSTRUCTION PROJECT FOR THE MISSISSIPPI RIVER FLOOD PROTECTION SYSTEM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY PROJECT PARTNERSHIP DOCUMENTS BILL NO. 08-85 AN ORDINANCE ACCEPTING A QUIT CLAIM DEED AND ASSIGNMENT OF EASEMENTS, AND AN ASSIGNMENT, FROM THE MAIN STREET LEVEE IMPROVEMENT DISTRICT FOR THE TRANSFER OF THE MISSISSIPPI RIVER FLOOD PROTECTION SYSTEM, TO THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 16, 2008 GG-136 E00720041JB BILL NO. 08-86 AN ORDINANCE ACCEPTING A QUIT CLAIM DEED, A QUIT CLAIM DEED AND ASSIGNMENT OF EASEMENTS AND AN ASSIGNMENT FROM THE NORTH MAIN STREET LEVEE IMPROVEMENT DISTRICT FOR THE TRANSFER OF THE MISSISSIPPI RIVER FLOOD PROTECTION SYSTEM, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the second and third readings of BILL NOs. 08-92, 08-94, 08-78, 08-79, 08-87, 08-88, 08-71, 08-81, 08-84, 08-83, 08-85 and 08-86 and to adopt the Ordinances. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Lanzotti abstained for financial reasons due to a business relationship with the applicant on BILL NO. 08- 78. BILL NO. 08-92 is ORDINANCE NO. 3925; BILL NO. 08-94 is ORDINANCE NO. 3926; BILL NO. 08-78 is ORDINANCE NO. 3927; BILL NO. 08-79 is ORDINANCE NO. 3928; BILL NO. 08-87 is ORDINANCE NO. 3929; BILL NO. 08-88 is ORDINANCE NO. 3930; BILL NO. 08-71 is ORDINANCE NO. 3931; BILL NO. 08-81 is ORDINANCE NO. 3932; BILL NO. 08-84 is ORDINANCE NO. 3933; BILL NO. 08-83 is ORDINANCE NO. 3934; BILL NO. 08-85 is ORDINANCE NO. 3935; BILL NO. 08-86 is ORDINANCE NO. 3936. NEW ORDINANCES BILL NO. 08-101 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 BY PLACING STOP SIGNS AT RANDOL AVENUE AT ITS INTERSECTION WITH JANET DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion, seconded by Mr. Lanzotti, to approve the first reading of BILL NO. 08-101. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Lanzotti stated there is a blind hill in this area and neighbors had expressed concerns with the trifle in front of the school. BILL NO. 08-103 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CAPE GIRARDEAU COUNTY TRANSIT AUTHORITY FOR PUBLIC TRANSPORTATION SERVICES Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 08-103. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter,Schneider, Tracy and Voss. Nays, none. BILL NO. 08-98 was given first rearing as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF THOMPSON SUBDIVISION Mr. Herbst made a motion,seconded by Mrs. Schneider,to approve the first reading of BILL NO. 08-98. 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 June 16,2008 GG-137 E00720041JB BILL NO. 08-106 was given first reading as follows: AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, DEBT SERVICE PAYMENTS, CAPITAL EXPENDITURES, AND TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2008, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Voss made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 08-106. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter,Schneider, Tracy and Voss. Nays, none. BILL NO. 08-107 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE LEASE AGREEMENT WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY TO OPERATE A MAINTENANCE AND STORAGE FACILITY AT GOOD HOPE AND AQUAMSI STREETS IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Schneider made a motion,seconded by Mrs. Tracy, to approve the first reading of BILL NO. 08-107. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter,Schneider, Tracy and Voss. Nays, none. BILL NO. 08-108 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE LEASE AGREEMENT WITH THE BURLINGTON NORTHERN AND SANTA FE RAILWAY TO OPERATE A RAILROAD AND OTHER RELATED ACTIVITIES ON CITY PROPERTY ALONG THE RIVERFRONT IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion,seconded by Mrs. Schneider, to approve the first reading of BILL NO. 08-108. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter,Schneider, Tracy and Voss. Nays, none. BILL NO. 08-109 was given first reading as follows: AN ORDINANCE AUTHORIZING ACCEPTANCE OF FEE SIMPLE INTEREST FROM THE CITY OF JACKSON, MISSOURI, FOR THE CONSTRUCTION OF LASALLE AVENUE, AND OTHER ACTIONS RELATING TO THE PROJECT Mr. Lanzotti made a motion,seconded by Mr. Voss, to approve the first reading of BILL NO. 08- 109. The motion was approved upon the following vote: Ayes,Herbst,Knudtson, Lanzotti,Ritter, Schneider, Tracy and Voss. Nays, none. RESOLUTIONS BILL NO. 08-95 was presented as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 16, 2008 GG-138 E00720041JB A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE NORTH RIVERFRONT PARKING AREA AND AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION AND ADMINISTER THE GRANT IF AWARDED Mrs. Tracy made a motion,seconded by Mrs. Schneider, to approve the reading of BILL NO. 08- 95 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. 08-95 is RESOLUTION NO. 2364. BILL NO. 08-96 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DUMEY CONTRACTING, INC., FOR THE LASALLE AVENUE IMPROVEMENT PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Voss made a motion, seconded by Mr. Lanzotti, to approve the reading of BILL NO. 08-96 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. 08-96 is RESOLUTION NO. 2365. Mayor Knudtson stated Mr. Dumey plans to have the project completed by the end of the year, depending on the weather. BILL NO. 08-97 was presented as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION FROM THE CITY OF CAPE GIRARDEAU, MISSOURI AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION Ms. Ritter made a motion, seconded by Mr.Herbst, to approve the reading of BILL NO. 08-97 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. 08-97 is RESOLUTION NO. 2366. BILL NO. 08-100 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A HOUSING AGREEMENT WITH THE HUMANE SOCIETY OF SOUTHEAST MISSOURI Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the reading of BILL NO. 08- 100 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. 08-100 is RESOLUTION NO. 2367. Mayor Knudtson stated this represents a slight increase to cover operating costs. BILL NO. 08-104 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH EAGLE EXCAVATING, LLC Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 16,2008 GG-139 E0.,20.08 Mr. Voss made a motion, seconded by Mr. Herbst, to approve the reading of BILL NO. 08-104 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. 08-104 is RESOLUTION NO. 2368. BILL NO. 08-105 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH KEVIN WILLIAMS EXCAVATING, LLC Mrs. Schneider made a motion,seconded by Mrs. Tracy, to approve the reading of BILL NO. 08- 105 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. 08-105 is RESOLUTION NO. 2369. APPOINTMENTS Mayor Knudtson made a motion, seconded by Mr. Herbst, to reappoint Mr. Bill Adams, Mr. Eric Bohl and Ms. Sheryl Smith to serve on the Public Library Board for terms expiring June 20, 2011. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mrs. Schneider made a motion, seconded by Mr. Voss, to appoint Mr. Kent Zickfield and Mr. David Hutson to the Special Business District Advisory Commission for terms expiring June 30, 2011. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider,Tracy and Voss. Nays,none. The appointment of Mr. Kent Zickfield was made pursuant to Section 2-98(b)of the City Code. LIQUOR LICENSES Mr. Voss made a motion, seconded by Mr. Lanzotti, to approve the listed liquor licenses. The motion was approved by the following vote: Ayes, Herbst, Knudtson, Lanzotti,Ritter, Schneider, Tracy and Voss. Nays, none. Conditional approval of the following new liquor licenses: Retail Liquor by the Drink BLB Properties, d/b/a Upper Deck, 723 Broadway,Juan Bernard, Managing Officer Retail Liquor by the Drink and Sunday Sales Hill-Mac, Inc., d/b/a Beef'0' Brady's, 1812 Carondelete, Suite 1100, William Hillman, Managing Officer Conditional and temporary approval of the following new liquor license: Retail Liquor by the Drink Merriwether Investments, Inc., d/b/a Mollie's Café & Bar, 11 S. Spanish, John Wyman, Managing Officer Full approval of the following new liquor license: 5% Beer by the Drink: Sandy Ladd, d/b/a Sandy's Place, 860 Rush Limbaugh Memorial Drive, Sandy Ladd, Managing Officer Conditional approval of the following liquor license renewals: Retail Liquor by the Drink Independence Place, Inc., d/b/a Independence Place, 5 S. Henderson, Rick Werner, Managing Officer Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 16, 2008 GG-140 EUU/20041Jtl Independence Place, Inc., d/b/a Main Street Bar, 701 N. Main, Rick Werner Managing Officer BR& BR, LLC, d/b/a Royal N'Orleans, 300 Broadway, Charles Ray, Managing Officer Retail Liquor by the Drink and Sunday Sales Dalhousie Golf Club, LLC, 4700 Cord's Way, Cordell Dombrowski, Managing Officer Capashco, Inc. d/b/a The Pasta House Co., 3049 William, Edward Goergen, Managing Officer Conditional and six-month temporary approval of the following liquor license renewal: Retail Liquor By the Drink Merriwether Investments, Inc., d/b/a Mollie's Café & Bar, 11 S. Spanish, John Wyman, Managing Officer Full approval of the following liquor license renewals: Original Package Liquor and Sunday Sales Martin & Bayley, Inc. d/b/a /Huck's Food & Fuel #271, 353 S. Kingshighway, Jeffrey Fincham, Managing Officer Retail Liquor by the Drink Jaynne Brown, d/b/a Ed's Bar, 519 Good Hope,Jaynne Brown, Managing Officer Deborah Erlbacher, d/b/a Shamrock's Irish Pub, 10 S. Plaza Way, Deborah Erlbacher, Managing Officer Retail Liquor by the Drink and Sunday Sales The Billiard Center, Inc. d/b/a Billiard Center, 26 N. Main, Loi Ha, Managing Officer Dianne DeLaPaz d/b/a Casa Mexicana, 1832 N. Kingshighway, Dianne DeLaPaz, Managing Officer Gregory Castorena d/b/a El Torero Mexican Restaurant, 1740 Broadway, Gregory Castorena, Managing Officer - Erik Harper d/b/a VFW Post 3838, 1049 N. Kingshighway, Erik Harper, Managing Officer Airport Manager Bruce Loy announced there has been a change in ownership at the Airport Restaurant. Sandy and Toni Ladd will take over operation and ownership as of July 7, 2008 and reopen as Sandy's Place. OTHER 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. oczmiterfiSket: may B udtson, Mayor iedeAimv, Gayle �i onrad, City Clerk