HomeMy WebLinkAboutCouncil.Minutes.09-02-2008.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session September 2, 2008 GG-175
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REGULAR SESSION—SEPTEMBER 2,2008
The Cape Girardeau City Council convened in regular session on Tuesday, September 2, 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 Bob Towner, Christ Episcopal 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
litigation, confidential communications with the City Attorney and personnel, pursuant to RSMo.
Sections 610.021(1) 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.
The Minutes of the August 18, 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.
The agenda was approved as distributed upon Mrs. Tracy's motion, Mrs. Schneider's second, and
the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays,
none.
CITY MANAGER COMMUNICATIONS
City Manager Doug Leslie reported that over the past weekend staff prepared to receive
approximately 200 evacuees from Hurricane Gustov on the Gulf Coast, only to hear late Sunday
morning that they would not be coming. Mr. Leslie commended City staff and agencies that
worked together to prepare for this unexpected event.
Mr. Leslie reported that two blocks of Independence Street from Pacific Street west will be
reopened this week, and the next two blocks will be closed for construction. In addition, the
parking lot at the Shawnee Park soccer fields is being overlaid this week as part of the recently
approved Parks and Stormwater sales tax.
CITY COUNCIL COMMUNICATIONS
Mayor Knudtson stated that Mrs. Schneider, Assistant to the City Manager Heather Brooks and
City Clerk Gayle Conrad would be representing the City at the upcoming Missouri Municipal
League Conference.
Mayor Knudtson announced that there will be a grand opening for the Federal Courthouse on
October 6. In addition,the construction of the left turn lane on William Street onto Leming Lane
will begin this week.
The Mayor continued that Mr. Harry Rediger,Chairman of the Planning and Zoning Commission,
presented to the Council a draft list of street projects for the upcoming Transportation Trust Fund
4 campaign. The projects are flexible and are not in priority order. He requested the Council
review the list and make recommendations for changes to the Commission.
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Mr. Lanzotti stated that the Council held a discussion in the study session regarding the requested
rezoning by the Humane Society on Boutin Street. He is concerned about having M-1 zoning near
a residential area. He indicated he would be making a motion to amend the rezoning to a special
use permit to cover Phases 1 and 2 of the improvements to the Humane Society. According to
City Attorney Eric Cunningham, the Code of Ordinances does authorize the Council to change a
zoning request to a special use permit. Ms. Ritter continued that it was discussed that the Planning
and Zoning Commission will be reviewing the Zoning Code for needed changes, including issues
relating to kennels.
Mayor Knudtson presented a proclamation to Jason Lindsey declaring October 3`d of each year as
Science Day. Mr. Lindsey gave a brief history of Science Day in Cape Girardeau over the past
five years, and he discussed the upcoming Science Day activities that will be occurring at West
Park Mall.
PUBLIC HEARINGS
This being the date set for a public hearing regarding a petition for voluntary annexation from
RiverWest Partners, L.C., for real estate located north of Lynwood Hills Drive, west of Cape
LaCroix Road (Route W), not presently located in the city limits of Cape Girardeau, Missouri, the
hearing was opened by Mayor Pro Tempore Charlie Herbst. There being no appearances, the
hearing was closed.
This being the date set for a public hearing regarding the request of Boyce Church for a Special
Use Permit to construct and operate mini-warehousing at 1902 North Kingshighway,within the C-
2, General Commercial 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. There being no appearances, the hearing was closed.
BILL NO. 08-145 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO BOYCE CHURCH FOR
PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING MINI-
WAREHOUSING, AT 1902 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 08-145 was 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.
This being the date set for a public hearing regarding the request of the request of Mayson
Investments, LLC, to rezone property located on the west side of South Mount Auburn Road,
south of Bloomfield Road, and east of 1-55, from C-1, Local Commercial District and R-1, Single-
Family Residential District to C-2, General Commercial District, the hearing was opened by
Mayor Pro Tempore Charlie Herbst. Mr. Jeff Maurer appeared in support of the request and to
answer any questions. There being no appearances, the hearing was closed.
BILL NO. 08-146 was given first reading as follows:
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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 PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF BLOOMFIELD
ROAD AND MT. AUBURN ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI, FROM C-1 AND R-1 TO C-2
The first reading of BILL NO. 08-146 was approved upon Mrs. Schneider's motion, Mrs. Tracy's
second,and the following vote: Ayes, Herbst, Lanzotti,Ritter, Schneider,Tracy and Voss. Nays,
none. Mayor Knudtson abstained for financial reasons due to the developer having a financial
relationship at the bank where he works.
This being the date set up for a public hearing regarding the request of the Humane Society of
Southeast Missouri to rezone property located at 2536 Boutin Drive from R-1, Single-Family
Residential District to M-1, Light Manufacturing District the hearing was opened.
Mr. Philip Smith, Architect for the Humane Society, appeared and reviewed the two phases of
proposed improvements. He indicated the Humane Society would accept a special use permit
instead of rezoning as long as there would not be any future zoning issues and there would not be
any impediments to the proposed improvements.
Mr. Jodi Geiser, a Board member for the Humane Society, indicated the proposed improvements
will increase the building square footage from 6,000 to 20,000 square feet. Phase I will extend the
building into the front parking lot, and Phase [I will replace the old building. The capital
campaign for this project will begin as soon as the zoning issues are resolved.
Mr. Jeff Hale appeared and expressed his support for the Humane Society's request.
There being no further appearances, the hearing was closed.
BILL NO. 08-147 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 2536
BOUTIN DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM
R-1 TO M-1
Mrs. Schneider made a motion,seconded by Mr. Herbst,to approve the first reading of BILL NO.
08-147. Mr. Lanzotti made a motion,seconded by Ms. Ritter,to change the rezoning request to a
special use permit to include all improvements proposed by the Humane Society in Phases 1 and 2
II of their future growth plans. Following discussing,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.
APPEARANCES
A gentleman appeared and thanked the Council for correcting the problems with the traffic signals
at the intersection of William and West End Boulevard.
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CONSENT ORDINANCES
The following bills were given second and third readings as follows:
BILL NO. 08-140 AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248
OF THE CITY CODE, ESTABLISHING LIMITED PARKING IN THE
300 BLOCK OF BROADWAY, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 08-138 AN ORDINANCE APPROVING THE RECORD PLAT OF THE
ENCLAVE AT DALHOUSIE— POD I
BILL NO. 08-139 AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE
WEST CROSSINGS— PHASE I
The second and third readings of BILL NOs. 08-140, 08-138 and 08-139 were approved and the
ordinances adopted upon Mr. Herbst's motion, Mrs. Tracy's second, and the following vote:
Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor
Knudtson abstained for financial reasons on BILL NO. 08-139 due to the developer having a
financial relationship at the bank where he works. BILL NO. 08-140 is ORDINANCE NO. 3959;
BILL NO. 08-138 is ORDINANCE NO. 3960, BILL NO. 08-139 is ORDINANCE NO. 3961.
NEW ORDINANCES
BILL NO. 08-141 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A GENERAL WARRANTY
DEED TO CLILA, L.P., TRANSFERRING EXCESS PROPERTY ALONG THE FOUNTAIN
STREET CORRIDOR IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 08-141 was 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. Upon questioning by Mr. Voss, Mr. Leslie explained that these two properties
are part of the property exchange with the University for the Fountain Street project.
BILL NO. 08-142 was give first reading asfollows:
AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE BEND
ROAD-MASON STREET-MAIN STREET IMPROVEMENT PROJECT
The first reading of BILL NO. 08-142 was 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.
BILL NO. 08-143 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF TOWN PLAZA SUBDIVISION
The first reading of BILL NO. 08-143 was approved upon Mr. Herbst's motion, Mrs. Schneider's
second, and the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider, Tracy and Voss.
Nays, none. Mr. Lanzotti abstained for financial reasons due to the developer having a financial
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relationship at his law firm. Development Services Director Ken Eftink explained that this plat
splits one lot from the rest of the Town Plaza, but it will remain part of the Town Plaza CID
BILL NO. 08-144 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIR TRAFFIC
CONTROL TOWER OPERATING ASSISTANCE AGREEMENT WITH THE MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION, AT THE CAPE GIRARDEAU
REGIONAL AIRPORT
The first reading of BILL NO. 08-144 was 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. Upon questioning by the Mayor, Mr. Leslie explained that Cape is the only
tower in Missouri that continues to be funded by the State Jet Fuel Fund. If this funding is
withdrawn from the City, it would be difficult for the City to cover this$200,000 shortage with the
condition of the existing budget. The airport tower is significant beyond just the City,and he feels
that funding would need to come from beyond the City's budget.
BILL NO. 08-149 was given first reading as follows:
AN ORDINANCE ACCEPTING A PERMANENT SANITARY SEWER EASEMENT FROM
DALHOUSIE, L.L.C., TO SERVE THE ENCLAVE AT DALHOUSIE— POD I, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 08-149 was approved upon Mrs. Tracy's motion, Mrs. Schneider's
second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and
Voss. Nays, none.
RESOLUTIONS
BILL NO. 08-148 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND
INDEMNITY AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR
IMPROVEMENTS ON MIDDLE STREET RIGHT-OF-WAY, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The reading of BILL NO. 08-148 was approved and the resolution adopted upon Mrs. Tracy's
motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti,
Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-148 is RESOLUTION NO. 2384.
Mayor Knudtson explained that this will accommodate installation of fiber optic cable for the new
autism center.
BILL NO. 08-150 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL
AGREEMENT NO. 1 TO AMENDMENT NO. 4 TO THE MASTER SERVICES
AGREEMENT WITH S. H. SMITH & COMPANY, INC., FOR THE EXTENSION OF
SERVICES FOR THE CAPE NORTH PARK TRAIL PROJECT
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Following comments by the City Manager,the reading of BILL NO. 08-150 was approved and the
resolution adopted upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote:
Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider,Tracy and Voss. Nays, none. BILL NO. 08-
150 is RESOLUTION NO. 2385.
BILL NO. 08-151 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH BUFFINGTON BROTHERS, INC., FOR THE COMMON PLEAS COURTHOUSE
HVAC UPGRADE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Following questions and discussion regarding the possible use of the old Federal Building by Cape
Girardeau County, the reading of BILL NO. 08151 was approved and the resolution adopted upon
Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Knudtson,
Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-151 is RESOLUTION
NO. 2386.
BILL NO. 08-152 was presented as follows:
A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI HOUSING
DEVELOPMENT COMMISSION FOR HOME GRANT FUNDING FOR THE
BLOOMFIELD-JEFFERSON NEIGHBORHOOD RESTORATION PROJECT, PLUS THE
TI-TREE (3) REDEVELOPMENT AREAS TARGETED BY THE DREAM INITIATIVE, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT
DOCUMENTS
Following discussion, the reading of BILL NO. 08-152 was approved and the resolution adopted
upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst,
Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-152 is
RESOLUTION NO. 2387.
BILL NO. 08-153 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 1 TO THE ENGINEERING SERVICES CONTRACT WITH BOWEN ENGINEERING &
SURVEYING, INC., FOR PARKS AND STORM WATER PROJECTS, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
Following discussion, the reading of BILL NO. 08-153 was approved and the resolution adopted
upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst,
Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-153 is
RESOLUTION NO. 2388. Mr. Leslie explained that the City's Storm Water Coordinator will
oversee the storm water projects and monitor EPA regulations.
There being no further business, the meeting adjourned upon Mr. Lanzotti's motion, Mr. Voss'
second, and the following vote: Ayes, Herbst, Knud.!, Lanzott..Ritter, Schneider, Tracy and
Voss. Nays, none.
Knudtson, Mayor
Gayle L fionrad, City Clerk
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CLOSED SESSION—SEPTEMBER 2,2008
The following issues was discussed in closed session on Tuesday, September2, 2008:
Ramsey Branch Lift Station Project: Mr. A.M. Spradling III,the attorney which has been hired
by MoPERM to represent the City in this matter,discussed the history of the Ramsey Branch Lift
Station Project which began several years ago. He discussed litigation and other issues relating to
G&W Excavation, the contractor for this project;Jacobs Engineering,the engineer for the project;
the bonding company; and the contracts with all the entities involved in this project. Previously
the Council agreed to proceed against Jacobs Engineering for negligence. Mr. Spradling has
prepared a draft lawsuit against Jacobs, which has been reviewed by the engineers involved.
These engineers have expressed concern with some of the issues the City is presenting in the
proposed lawsuit. City Manager Doug Leslie continued that the City has a new contractor on the
job, and the SRF funding has been reinstated. According to City Attorney Eric Cunningham,the
City wants to recover the money paid to G&W Excavation under their bankruptcy proceeding,but
some City staff want to continue a working relationship with Jacobs. Following discussion, it was
agreed that Mr. Spradling, Mr. Cunningham and Mr. Leslie will discuss this matter further and
possibly meet with representative of Jacobs Engineering.
Mr. Lanzotti left the meeting.
Municipal Judge Annual Review: Municipal Judge Teresa Bright-Pearson reviewed her written
annual report which was previously distributed to the Council. She discussed her
accomplishments during the past year and her goals for the court office for the upcoming year.
Mr. Lanzotti returned to the meeting.
City Manager Annual Evaluation: Mayor Knudtson distributed copies of the City Manager
evaluations prepared by each Council member. He discussed the procedure for reviewing these
evaluations with Mr. Leslie at the next meeting.
There being no further business,the City Council adjourned upon Mr. Herbst's motion,Mr. Voss'
second, and the following roll call vote: Herbst, aye; Knudtson, aye; Lanzotti, aye; Ritter, aye,
Schneider, aye; Tracy, aye; Voss, aye.
Jay B. nudtson, Mayor
. 4 1 Jak& -
Gayl; . Conrad, City Clerk
Proceedings of the City Council, City of Cape Girardeau, Mo.
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