HomeMy WebLinkAboutCouncil.Minutes.08-04-2008.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session August el.2008 GG-159
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REGULAR SESSION—AUGUST 4,2008
The Cape Girardeau City Council convened in regular session on Monday August 4, 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.
Brother David Migliorino, Principal of Notre Dame Regional High School, presented the
invocation. The Pledge of Allegiance wasrecited.
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. Ritter'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 July 21, 2008, regular and closed sessions were approved upon Mrs.
Schneider's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson,
Lanzotti,Ritter, Schneider, Tracy and Voss. Nays, none.
Mr. Voss 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.
COUNCIL COMMUNICATIONS
Mrs. Schneider commented on the Chamber of Commerce Leadership Cape projects. She
requested staff to advise the groups that they-are welcome to give a presentation at a City Council
meeting.
Mrs. Tracy thanks staff for distributing copies from the Missouri Ethics Conference recently
attended.
Mayor Knudtson stated the Southern Business and Development Magazine has ranked Cape
Girardeau as 356 out of 117 best small market communitiesin which to do business.
Mrs. Tracy statedthat Drury Hotels has received the JD Powers Award for their service.
PUBLIC HEARINGS
This being the date set for a public hearing to consider amending Chapter 30 of the Code of
Ordinances of the City of Cape Girardeau by adding a Planned Development Zoning District,the
hearing was opened. Mr. Mike Deimund spoke in favor of the Ordinance. He believes it will
allow more flexibility in residential development There being no further appearances,the hearing
was closed.
BILL NO. 08-124 was given first reading as follows:
AN ORDINANCE ADOPTING A NEW SECTION 30-35.1 OF THE CITY CODE OF CAPE
GIRARDEAU ENTITLED"PLANNED DEVELOPMENT DISTRICT"
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Mr. Herbst made a motion,seconded by Mrs. Schneider,to approve the first reading of BILL NO.
08-124. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Lanzotti,
Ritter, Schneider, Tracy and Voss. Nays, none. City Manager Doug Leslie stated this ordinance
will allow flexibility in set backs, parking and other areas for newurban development
This being the date set for a public hearing regarding the property tax rates proposed to be set by
the City of Cape Girardeau for the fiscal year beginning July 1, 2008, and the real property tax rate
proposed to be set for the Special Business District No. 2 for the fiscal year beginning July 1,
2008, the hearing was opened. Library Director Betty Martin was present to answer questions.
There being no further appearances, the hearing was closed.
BILL NO. 08-125 was given first reading as follows:
AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE
TAX; PUBLIC HEALTH TAX; SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE
FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, 2009
Mrs. Schneider made a motion,seconded by Mrs. Tracy,to approve the first reading of BILL NO.
08-125. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Lanzotti,
Ritter, Schneider, Tracy and Voss. Nays, none.
This being the date set for a public hearing to consider the request of the City of Cape Girardeau to
rezone downtown properties within the M-1 district from M-1, Light Industrial District to C-3,
Central Business District, the hearing was opened.
Mr. Lester Sample, 212 S. Spanish, appeared and questioned what benefit this rezoning would be
for him. He stated he would prefer to rezone the area to M-2 rather than C-3. He felt that the City
will just end up in a lawsuit if it continues in this direction. Mr. Tom Sample, owner of Tom's
Muffler at 211 Aquamsi Street, also appeared in opposition to the rezoning and questioned if the
rezoning will hurt him later if he wants to operate a different business.
Mayor Knudtson acknowledge Mr. Sample's point that the City and Mr. Sample have had
challenges in the past, but this issue is not related to those and are not specific to Mr. Sample's
property. This rezoning comes from the Comprehensive Plan and the need to protect the
neighborhood. In addition, Mayor Knudtson explained that any existing businesses can continue
as non-conforming uses.
Mr. Lyle Davis appeared and stated he owns property at Good Hope and Spanish. He indicated he
appeared before the Planning and Zoning Commission in the 1990's to have a portion of
downtown rezoned to R-4, and it has been a benefit to the neighborhood. He still has concerns
with the C-3 zoning in that it may still be too broad in allowed uses and he would like to see limits
on building heights.
There being no further appearances the hearing was closed.
BILL NO. 08-133 was given first reading as follows:
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Regular Session August 4, 2008 GG-161
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AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF ALL
PROPERTIES SOUTH OF MERRIWETHER STREET, EAST OF FREDERICK STREET,
NORTH OF STATE HIGHWAY 74 AND WEST OF THE MISSISSIPPI RIVER, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHICH ARE CURRENTLY ZONED
M-1 TO C-3
Ms. Ritter made a motion, seconded by Mr. Herbst,to approve first reading of BILL NO. 08-133.
Following comments by the Mayor and City Council members,the motion was approved upon the
following vote: Ayes, Hopkins, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays,
none. Mr. Lanzotti stated the City has received significant input from the Southeast Missouri
University Foundation to protect its investments. Mr. Leslie and Development Services Director
Ken Eftink commented that changing from industrial to commercial continues to allow for a mix
of residential and commercialuses.
CONSENT ORDINANCES
The following bills were given second and third readings:
BILL NO. 08-114 AN ORDINANCE ACCEPTING FEE SIMPLE INTEREST FROM SIX-
THIRTY, INC., FOR PROPERTY ADJACENT TO THE PUBLIC
WORKS FACILITY
_ BILL NO. 08-116 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
QUIT CLAIM DEED TO THE SOUTHEAST MISSOURI
UNIVERSITY FOUNDATION FOR EXCESS RIGHT-OF-WAY FOR
LASALLE AVENUE
BILL NO. 08-115 AN ORDINANCE APPROVING THE RECORD PLAT OF VILLAS
AT CAPE ROCK 3
BILL NO.08-121 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A FIRST AMENDMENT TO DEVELOPMENT
AGREEMENT WITH THE COUNTY OF CAPE GIRARDEAU,
MISSOURI, GREATER MISSOURI BUILDERS, INC., AND TOWN
PLAZA COMMUNITY IMPROVEMENT DISTRICT, FOR THE
TOWN PLAZA REDEVELOPMENT PROJECT, 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. 08-114, 08-116, 08-115 and 08- 121 and to adopt the Ordinances. The motion was
approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti,Ritter, Schneider, Tracy and
Voss. Nays, none. Mayor Knudtson abstained for financial reasons from BILL NO. 08-115
because the applicant has a financial interest at the bank where he works. BILL NO. 08-114 is
ORDINANCE NO. 3948; BILL NO. 08-115 is ORDINANCE NO. 3949; BILL NO. 08-116 is
ORDINANCE NO. 3950; and BILL NO. 08-121 is ORDINANCE NO. 3951.
NEW ORDINANCES
BILL NO. 08-126 was given first reading as follows:
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AN ORDINANCE ACCEPTING A GRANT FROM THE MISSOURI DEPARTMENT OF
TRANSPORTATION FOR THE SAFE ROUTES TO SCHOOL PROGRAM, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT
DOCUMENTS
Mrs. Schneider made a motion,seconded by Mrs. Tracy, to approve the first reading of BILL NO.
08-126. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti,
Ritter, Schneider, Tracy and Voss. Nays, none.
BILL NO. 08-130 was given first reading as follows:
AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI,
UPON THE REQUEST OF THE CITY OF CAPE GIRARDEAU, MISSOURI
Mr. Lanzotti made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO.
08-130. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti,
Ritter, Schneider, Tracy and Voss. Nays, none.
BILL NO. 08-131 was given first reading as follows:
AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI,
UPON THE REQUEST OF HANOVER LUTHERAN CHURCH
Mr. Voss made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 08-
131. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti,Ritter,
Schneider, Tracy and Voss. Nays, none.
BILL NO. 08-132 was given first reading as follows:
AN ORDINANCE AUTHORIZING ACCEPTANCE OF FEE SIMPLE INTEREST, A
PERMANENT SLOPE EASEMENT, A PERMANENT DRAINAGE EASEMENT, AND A
TEMPORARY CONSTRUCTION EASEMENT FROM THE SOUTHEAST MISSOURI
UNIVERSITY FOUNDATION FOR THE CONSTRUCTION OF LASALLE AVENUE, AND
OTHER ACTIONS RELATING TO THE PROJECT
Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO.
08-132. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti,
Ritter, Schneider, Tracy and Voss. Nays, none. Mrs. Schneider expressed concerned with the
intersection of this new portion of LaSalle Avenue andRoute W.
RESOLUTIONS
BILL NO. 08-123 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH SCHNEIDER ELECTRIC, INC., FOR THE TRAFFIC SIGNAL UNINTERRUPTIBLE
POWER SUPPLY PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Mr. Voss made a motion, seconded by Mrs. Schneider, to approve the reading of BILL NO. 08-
123 and adopt the Resolution. The motion was approved upon the following vote: Ayes, Herbst,
Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-123 is
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RESOLUTION NO. 2375. Upon questioning by Ms. Ritter, Mr. Leslie informed the Council that
this power supply will provide up to three hours of service, which is enough time to either resolve
the power outage or put in a generator. Thirteen intersections will be equipped with this power
supply.
BILL NO. 08-127 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE SAFE HOUSE FOR WOMEN, INC., FOR EMERGENCY SHELTER GRANT
FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES — DIVISION OF
FAMILY SERVICES
Mrs. Tracy made a motion, seconded by Mrs. Schneider,to approve the reading of BILL NO. 08-
127 and adopt the Resolution. The motion was approved upon the following vote: Ayes,
Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Herbst abstained for
financial reasons due to a financial relationship with the businesses involved. BILL NO. 08-127 is
RESOLUTION NO. 2376.
BILL NO. 08-128 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE SALVATION ARMY OF CAPE GIRARDEAU FOR EMERGENCY SHELTER
GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES —
DIVISION OF FAMILY SERVICES
Mrs. Schneider made a motion, seconded by Mrs. Tracy,to approve the reading of BILL NO. 08-
128 and adopt the Resolution. The motion was approved upon the following vote: Ayes, Herbst,
Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-128 is
RESOLUTION NO. 2377.
BILL NO. 08-129 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH COTNER ELECTRIC COMPANY, INC., FOR THE GENERATOR INSTALLATION
PROJECT AT THE CAPE GIRARDEAU CITY HALL AND OSAGE COMMUNITY CENTRE,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Mr. Voss made a motion, seconded by Mr. Lanzotti,to approve the reading of BILL NO. 08-129
and adopt the Resolution. The motion was approved upon the following vote: Ayes, Herbst,
Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-129 is
RESOLUTION NO. 2378. It was clarified by Mr. Leslie that the new generator is not for the
expansion of the Osage Community Centre, but it will power the current facility
BILL NO. 08-134 was presented as follows:
A RESOLUTION AUTHORIZING THE APPLICATION TO THE MISSOURI STATE
HISTORIC PRESERVATION OFFICE AND MISSOURI DEPARTMENT OF NATURAL
RESOURCES FOR THE FEDERAL FISCAL YEAR 2009 HISTORIC PRESERVATION
FUND GRANTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY GRANT DOCUMENTS
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Regular Session August 4. 2008 GG-164
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Mrs. Schneider made a motion, seconded by Mr. Herbst,to approve the reading of BILL NO. 08-
134 and adopt the Resolution. The motion was approved upon the following vote: Ayes, Herbst,
Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-134 is
RESOLUTION NO. 2379.
LIQUOR LICENSES
Mrs. Schneider made a motion, seconded by Mr. Herbst, to approve a change in managing officer
for Logan's Roadhouse, Inc., d/b/a Logan's Roadhouse Restaurant, 3012 William, Lindsay
Brinton, Managing Officer. The motion was approved upon the following vote: Ayes, Herbst,
Knudtson, Lanzotti, Ritter, Schneider Tracy and Voss. Nays, none.
OTHER
Mr. Voss made a motion, seconded by Mr. Lanzotti, to accept the sanitary sewer improvements
from manhole 2 to manhole 3, Dalhousie Condos Phase 1 Subdivision. 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 Mr. Voss, to accept the sanitary sewer and water main
extension, as shown on the approved plans, to serve The Enclave at Dalhousie Pod I Subdivision
contingent upon the receipt of inspection fees and "as built" drawings of these improvements.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.
. Knudtson, Mayor
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Gayle L. l rad, City Clerk
Proceedings of the City Council, City of Cape Girardeau, Mo.
Closed Session August 4, 2008 GG-165
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CLOSED SESSION—AUGUST 4,2008
The following items were discussed in closed session onAugust 4, 2008:
Mt. Auburn/Hopper Intersection: Ms. Martha Brown of the Planning Services Office explained
that the City has acquired the necessary properties on the west side of the intersection. The
properties on the east side of the intersection, both north and south, are owned by Tom
Armbruster, but the City has been unable to reach an agreement for purchase of the necessary
property from him. The design engineer for the project has recommended purchasing the house
closest to the intersection because of the design of the intersection. Another offer letter has been
sent to Mr. Armbruster, but the City is filing a petition for condemnation in order to move forward
with the project in case the City is not able to reach an agreement with the Armbrusters.
Bloomfield Intersection: Ms. Brown explained that Drury Southwest and Drury Land
Development are the major property owners at the intersection. Staff will be working with these
property owners to acquire the rightof-way and easements needed.
There being no further business, the City Council adjourned upon Mr. Voss' motion, Mrs.
Schneider's second, and the following roll call vote: Herbst, aye; Knudtson, aye; Lanzotti, aye;
Ritter, aye; Schneider, aye;Tracy, aye;Voss, aye.
nudtson, Mayor
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ayle Llionrad, City Clerk
Proceedings of the City Council, City of Cape Girardeau, Mo.
Session GG-166
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