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Home My WebLink AboutCouncil.Minutes.12-01-2008.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 1, 2008 GG-217 EW/CUU4I JFi REGULAR SESSION—DECEMBER 1,2008 The Cape Girardeau City Council convened in regular session on Monday, December 1, 2008, at 7:00 p.m., with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Mark Lanzotti, Marcia Ritter, Loretta Schneder, Debra Tracy and John Voss present. Mr. Eric Cunningham,City Attorney for the City of Cape Girardeau, presented the invocation and Boy Scouts of America Troop 16, from St. Vincent de Paul Church led the Pledge of Allegiance. Prior to the regular session,the City Council convened in closed session for purposes of discussing confidential communications with the City Attorney, litigation and property acquisition pursuant to RSMo. Sections 610.021(1) and (2) 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 November 17, 2008, regular and closed sessions were 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. The agenda was approved as distributed upon Mrs. Schneider's motion, Mrs. Tracy's second,and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. COUNCIL COMMUNICATIONS Mr. Herbst noted that on Thursday,November 20, 2008, he presented a proclamation to the Cape Central High School Marching Band, honoring them for achieving 15t Place in all of the competitions they had participated in this year. Mrs. Tracy told the Council that she received a flier from the Discovery Playhouse asking for sponsors to donate for replacement windows. She challenged the Council members to donate in order to purchase one window for$350. Each Council member agreed to donate$50. Mrs.Tracy then challenged others to donate toward replacing the remaining windows. Mrs. Tracy offered thanks to the Cape Girardeau Police Department for their continued presence and assistance in resolving issues on the south side of Cape Girardeau. She noted that she would be at the 1,000 Man March, which is scheduled to meet at Ranney Park on Saturday,December 6, 2008, at 10:00 a.m. Mayor Knudtson offered appreciation to all City employees for the work they do to provide service to the citizens of Cape Girardeau. PUBLIC HEARINGS This being the date set for a public hearing regarding a petition for rezoning from RiverWest Partners, L.C. to rezone property located on the west side of Cape LaCroix Road north of Rock Creek Lane,commonly known as Walden Park, from R-1, single family residential district,and R- 4, multi-family residential district,to PD, planned development district,the hearing was opened by Mayor Pro Tempore Charles Herbst.There being no appearances,the hearing was closed. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 1, 2008 GG-218 E00720041JB BILL NO. 08-190 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 WALDEN PARK, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 AND R-4 TO A PD (PLANNED DEVELOPMENT DISTRICT) Mr. Voss made a motion, seconded by Mrs. Schneider,to approve the first reading of BILL NO. 08-190. The motion was approved upon the following vote: Ayes, Herbst, Lanzotti, Ritter, Schneider,Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons because the applicant has a financial interest at the bank where he works. Ms. Ritter noted that Bill No. 08-190 is the first Planned Development zoning in Cape Girardeau. This being the date set for a public hearing regarding a petition for a special use permit from the City of Cape Girardeau and Velosity Electronics for purposes of constructing, maintaining and operating a telecommunications tower within an equipment building and security fence at North County Park, the hearing was opened by Mayor Knudtson. 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. Mr. Ryan Friend of Velosity Electronics appeared before the Council to answer questions. He presented information regarding the use of the tower by Velosity Electronics and the City for emergency communications. There being no further appearances,the hearing was closed. BILL NO. 08-189 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE CITY OF CAPE GIRARDEAU AND VELOSITY ELECTRONICS FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A TELECOMMUNICATIONS TOWER WITH AN EQUIPMENT BUILDING AND SECURITY FENCE AT NORTH COUNTY PARK, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Lanzotti made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 08-189. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. APPEARANCES Mr. Vince Brown of Withers Broadcasting appeared before the Council and spoke in support of the 1,000 Man March, scheduled to be held on Saturday, December 6, 2008. He urged the public to attend the event. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 08-182 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, RELATING TO THE VISION 2020 COMMUNITY RELATIONS COUNCIL Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 1,2008 GG-219 tUU/1U047J1i BILL NO. 08-183 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING STOP SIGNS AT BLOOMFIELD ROAD AND SILVER SPRINGS ROAD, AND AMENDING SCHEDULE H OF SECTION 26-126 BY PLACING ELECTRIC TRAFFIC CONTROL SIGNALS AT THE INTER- SECTION OF BLOOMFIELD ROAD AND SILVER SPRINGS ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOs. 08-182 and 08-183 were approved and the ordinances adopted upon Mr. Voss' motion, Mr. Lanzotti's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti,Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 08-182 is ORDINANCE NO. 3981; BILL NO. 08-183 is ORDINANCE NO.3982. NEW ORDINANCES BILL NO. 08-184 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU REGARDING TAXICABS The first reading of BILL NO. 08-184 was approved upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson remarked that a committee of interested people had been meeting since the Council first discussed a new Ordinance regulating taxicabs over a year ago,and they have now reached an agreement on the terms ofthis proposed Ordinance. BILL NO. 08-188 was given first reading asfollows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT FOR FACILITIES TO SOUTHWESTERN BELL TELEPHONE, L.P., D/B/A AT&T MISSOURI, FOR AN EQUIPMENT SITE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 08-188 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. BILL NO. 08-186 was given first reading as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF RIVERWEST PARTNERS, L.C. The first reading of BILL NO. 08-186 was approved upon Mr. Voss' motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons because the applicant has a financial interest at the bank where he works. RESOLUTIONS BILL NO. 08-187 was presented as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 1,2008 GG-220 E00720041JB A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JIM GOGGIN EXCAVATING, INC., FOR THE LISA DRIVE DETENTION BASIN PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 08-I87 was approved and the Resolution adopted upon Mr. Lanzotti's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 08-187 is RESOLUTION NO. 2404. Mr. Doug Leslie, City Manager, noted that this is the second stormwater project funded by the Parks/Stormwater Tax. There being no further business, the City Council adjourned upon Mr. Voss' motion, Mr. Lanzotti's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, • Tracy and Voss. Nays, none. 3 (C,....0(� Jay : nudtson, Mayor Al 1/20)/14,2,0c_ Gayle Conrad, City Clerk