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HomeMy WebLinkAboutCouncil.Minutes.08-04-2008.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August el.2008 GG-159 eu072u0I.,B 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" Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 4. 2008 GG-160 EUU/2UU41Jtl 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: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 4, 2008 GG-161 Evu, u0gt36 • 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: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 4, 2008 GG-162 tUU/CUU4 IJtl 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 4,200$ GG-163 t00720041JH 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 4. 2008 GG-164 E00720041JB 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 if An'iA41( Gayle L. l rad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Closed Session August 4, 2008 GG-165 E00720041JB 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 .ref /Q( Ad ayle Llionrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session GG-166 E00720041JB THIS PAGE INTENTIONALLY LEFT BLANK.