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HomeMy WebLinkAboutCouncil.Minutes.09-02-2008.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 2, 2008 GG-175 t00720041JU 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. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 2, 2008 GG-176 E00720041JB 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: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 2,2008 GG-177 tuuieuu4 1.113 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. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 2,2008 GG-178 E00720041JB 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 2,2008 GG-179 E00720041J1:1 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 2, 2008 GG-180 E00720041JB 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Closed _ Session September 2, 2008 GG-181 E00720041JB 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. Session GG-182 E00720041JB THIS PAGE INTENTIONALLY LEFT BLANK.