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HomeMy WebLinkAboutCouncil.Minutes.07-07-2008.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 7, 2008 GG-143 tUU/LUUAIJtl REGULAR SESSION—JULY 7,2008 The Cape Girardeau City Council convened in regular session on Monday, July 7, 2008, at 7:00 p.m.,with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Mark Lanzotti, Marcia Ritter,Loretta Schneider, Delia Tracy and John Voss present. Reverend Paul Short, St. Andrew Lutheran 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, litigation, confidential communications with the City Attorney and personnel, pursuant to RSMo. Sections 610.021(1), (2) and (3)upon Mrs. Tracy's 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 Mrs. Tracy to approve the minutes of the June 16, 2008, regular and closed sessions. Mr. Voss made an amending motion, seconded by Mr. Lanzotti, to approve the agenda and include a liquor license application relating to Brothers Lounge. The amending motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Herbst, Knudtson, Lanzotti,Ritter, Schneider,Tracy and Voss. Nays, none. COUNCIL COMMUNICATIONS Mayor Knudtson stated that Mr. John Mehner of the Cape Chamber of Commerce discussed the Back to School Sales Tax Holilay during the Study Session. Mr. Don Call appeared before the Council. He stated he lives close to Springfield and came to Cape to visit his daughter. Mr. Call is a retired Superintendent of Schools raised in Cape and went to school here. His mother was murdered in Cape in 1982 by Timothy Kracjir. Last year, he met with the Police Chief and Detective Jimmy Smith regarding his mother's murder case. He stated that because of the City and Detective Smith, the case was solved. Next year, he and his wife intend to move back to the Cape area, and he would like to establish a memorial for the women who were killed and assaulted by Timothy Kracjir. He recognized and thanked the Chief of Police, Detective Smith, the Mayor, City Council and the City Manager for diligently working to solve this case, and he expressed his appreciation for the City. CITY MANAGER COMMUNICATIONS Airport Manager Bruce Loy gave an update on the Libertyfest and Air show. He thanked Old Town Cape Director Marla Mills, the Old Town Cape Board, the Parks Department, Police Department, Fire Department and volunteers for all their work on the show. Fire Chief Rick Ennis and Assistant Police Chief Randy Roddy gave an update on fireworks activities through the July 4111 holiday. The Police Department set up a special unit of officers to respond solely to fireworks calls and aggressively looked for fireworks violations. Mrs. Schneider asked if there were any communities in the area that ban fireworksMr. Herbst stated that St. Louis County and Springfield ban fireworks. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 7, 2008 GG-144 Eu0/2u041JB Mr. Don Howard appeared with concerns relating to fireworks. There was a large crowd in his neighborhood shooting at each other. The police response to fireworks was good. Mayor Knudtson stated the City Council has listened to citizens' concerns and is working to be pro-active on this issue. Mr. Howard suggested reducing the number of days to shoot fireworks. He also requested additional patrols in his neighborhood for people standing in the street and drug deals occurring. He stated he supports the sales tax holiday and feels the Council owes this to the citizens. PUBLIC HEARINGS This being the date set for a public hearing regarding a petition for voluntary annexation from the City of Cape Girardeau, Missouri, for real estate located north of County Road 618 between the new LaSalle Avenue/East Main Street interchange on Interstate 55 and State Route W, the hearing was opened. There being no appearances the hearing was closed. City Manager Doug Leslie stated this would be on the August 4, 2008, agenda for Council action. This being the date set for a public hearing regarding a petition for voluntary annexation from Hanover Lutheran Church for real estate located on the west side of Perryville Road north of Evergreen Drive, the hearing was opened. Mrs. Ruth Strack appeared regarding this petition and asked if all of the church property was now in the City limits. Ken Eftink, Development Services Director, presented a map showing the location of the property to be annexed. There being no further appearances, the hearing was closed. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 08-101 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 BY PLACING STOP SIGNS ON RANDOL AVENUE AT ITS INTERSECTION WITH JANET DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 08-103 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CAPE GIRARDEAU COUNTY TRANSIT AUTHORITY FOR PUBLIC TRANSPORTATION SERVICES BILL NO. 08-98 AN ORDINANCE APPROVING THE RECORD PLAT OF THOMPSON SUBDIVISION BILL NO. 08-99 AN ORDINANCE APPROVING THE RECORD PLAT OF KENNEDY'S ADDITION BILL NO. 08-106 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 • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 7,200S GG-145 C0072004 IJD BILL NO. 08-107 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 BILL NO. 08-108 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 BILL NO. 08-109 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. Voss made a motion, seconded by Mr. Lanzotti, to approve the second and third readings of BILL NOs. 08-101, 08-103, 08-98, 08-99, 08-106, 08-107, 08-108 and 08-109 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. 08-101 is ORDINANCE NO. 3937; BILL NO. 08-103 is ORDINANCE NO. 3938; BILL NO. 08-98 is ORDINANCE NO. 3939; BILL NO. 08-99 is ORDINANCE NO. 3940; BILL NO. 08-106 is ORDINANCE NO. 3941; BILL NO. 08-107 is ORDINANCE NO. 3942; BILL NO. 08-108 is ORDINANCE NO. 3943; BILL NO. 08-109 is ORDINANCE NO. 3944. NEW ORDINANCES BILL NO. 08-1 10 was given first reading as follows: AN ORDINANCE READOPTING SECTIONS 2-76 TO 2-83 OF THE CITY CODE RELATING TO CONFLICTS OF INTEREST Mr. Herbst made a motion,seconded by Mrs. Schneider, to approve the first reading of BILL NO. 08-110. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter,Schneider,Tracy and Voss. Nays, none. BILL NO. 08-112 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ZONES ON WALDEN BOULEVARD AND WALDEN POND WAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion, seconded by Mr. Lanzotti, to approve the first reading of BILL NO. 08-112. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson stated the developers have requested this for better traffic flow. BILL NO. 08-113 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 7, 2008 GG-146 tUU/2UU41JU AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE BY PLACING A STOP SIGN AT WALDEN POND WAY AT ITS INTERSECTION WITH WALDEN BOULEVARD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion,seconded by Mrs. Schneider,to approve the first reading of BILL NO. 08-113. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. RESOLUTIONS BILL NO. 08-111 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PREMISES AND EQUIPMENT LEASE WITH TONY LADD, SANDY LADD, AND SANDY'S PLACE, LLC, FOR THE RESTAURANT LOCATED AT THE CAPE GIRARDEAU REGIONAL AIRPORT Mr. Voss made a motion, seconded by Mrs. Tracy, to approve the reading of BILL NO. 08-111 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. 08-111 is RESOLUTION NO. 2370. APPOINTMENTS Ms. Ritter made a motion, seconded by Mr. Herbst, to reappoint Mr. George Reutzel to serve on the Board of Examiners, per City Code, Section 2-98(b), for a term expiring July 1, 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 Mrs. Tracy, to postpone the appointment to the Historic Preservation Commission and request a recommendation from the Committee Chairman. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. LIQUOR LICENSES Mr. Voss made a motion, seconded by Mr. Lanzotti, to conditionally approve an original package liquor and Sunday sales license for Rejax, LLC, d/b/a The Keg Shop, 1803 Independence, Peter Fahey and Larry Carlson, Managing Officers. The motion was approved by the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson stated he had two phone calls with concerns of the location near Central Jr. High. The property is zoned properly, and the Council does not have the authority to deny the request. City Attorney Eric Cunningham stated the buildings are further apart than the minimum regulations in the City Code. Mr. Voss made a motion, seconded by Mrs. Schneider, to approve a 5% beer by the drink liquor license for Ruben Quesada, d/b/a Muy Bueno Authentic Mexican Restaurant,2007 Independence, Ruben Quesada, Managing Officer. The motion was approved by 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 July 7,2008 GG-147 E00720041JB Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve a retail liquor by the drink license for Mid America Trading, LLC, d/b/a Saffron, 1610 N. Kingshighway,Supaporn Y. Hill, Managing Officer. The motion was approved by the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Lanzotti abstained for financial reasons due to his firm's financial relationship with the applicant. Mrs. Tracy made a motion,seconded by Mr. Herbst,to conditionally approve a retail liquor by the drink license and change in managing officer for Robert Hardy, d/b/a Brothers Lounge, 2023 Independence,Robert Hardy, Managing Officer. The motion was approved by the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider,Tracy and Voss. Nays, none. OTHER Mrs. Schneider made a motion,seconded by Ms. Ritter,accepting the street,sanitary sewer,water main extension and storm sewer improvements,excluding the detention basins, to serve Walden Park Village Subdivision Phase I. The motion was approved by the following vote: Ayes,Herbst, Knudtson, Lanzotti, Ritter,Schneider,Tracy and Voss. Nays, none. Mrs. Tracy made a motion, seconded by Mr. Lanzotti, to set a public hearing for August 4, 2008, regarding the adoption of a Planned Development District in the Zoning Ordinance. The motion was approved by the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. City Manager Doug Leslie stated this establishes a Planned Development District in the zoning code. The proposed regulations will be presented to developers and the Council before the Public Hearing. This will address developments, such as Walden Park, which are specialized developments with various setbacks and other requirements. It recognizes community-planning efforts to establish neighborhoods as addressed by the Comprehensive Plan. 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 - /at jeD4CtOCZ--- Gayle L4onrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session GG-148 E00720041JB THIS PAGE INTENTIONALLY LEFT BLANK.