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HomeMy WebLinkAboutCouncil.Minutes.01-06-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. RPunlar Session .Iannary 6, 2003 97 T00111195 REGULAR SESSION — JANUARY 6, 2003 The Cape Girardeau City Council convened in regular session on Monday, January 6, 2003, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charles Herbst, Matthew Hopkins, Jay Purcell, Marcia Ritter and Hugh White present. The invocation was presented by Rev. Sam Ramdial, First General Baptist Church, and the Pledge of Allegiance was recited. Prior to the regular session, the City Council convened in closed session for purposes of discussing property acquisition pursuant to Section 610.021(1) of the Revised Statutes of Missouri, upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The minutes of the December 9, 2002, special session, and December 16, 2002, regular and closed sessions were approved upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The agenda was adopted as distributed upon Ms. Boardman's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. This being the date set for a public hearing regarding the request of Bobby D. and Lula M. McDonald for a special use permit for an advertising sign at 820 North Sprigg Street in a C-1, local commercial district, the hearing was opened. Mr. Bobby McDonald appeared and stated he is requesting the sign to be used by all the businesses in the shopping center. There being no further appearances, the hearing was closed. BILL NO. 03-02 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO BOBBY D. McDONALD AND LULA M. McDONALD FOR PURPOSES OF CONSTRUCTING AND MAINTAINING AN ADVERTISING SIGN AT 820 NORTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-02 was approved upon Mr. White's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. This being the date set for a public hearing regarding the request of Judith A. Voepel, Trustee of the Kenneth J. Voepel Revocable Trust, and Kenneth M. and Mary C. Oberlohr for a special use permit for an office at 2256 Kingsway Drive in an R-1, single family residential district, the hearing was opened. Mr. Kenneth Oberlohr appeared in support of the request and to answer any questions. He stated he is in the process of purchasing the business. There being no further appearances, the hearing was closed. BILL NO. 03-03 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE KENNETH J. VOEPEL REVOCABLE TRUST, AND KENNETH M. OBERLOHR AND MARY C. OBERLOHR FOR PURPOSES OF MAINTAINING AND OPERATING AN OFFICE AT 2256 KINGSWAY DRIVE IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session January 6, 2003 48 700111195 The first reading of BILL NO. 03-03 was approved upon Ms. Ritter's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. This being the date set for a public hearing regarding the application for approval of the Final Development Plan filed by Marquette Plaza 353 Redevelopment Corporation for the Marquette Hotel and parking areas, 338 Broadway and 221 North Fountain Street, the hearing was opened. Mr. Mark Bowles, Superintendent of Cape Public Schools, appeared in support of this project and commented that the project would not have happened without tax credits. However, he discussed tax abatement issues and how they affect the schools. In the future if the Council considers other tax abatement projects, he requested the Council consider how this will impact the property taxes received by the schools. Mayor Knudtson questioned the amount of current tax abatements affecting the school. City Manager Michael Miller will provide these figures to the Council at a later date. Mr. Vaughn Prost of Prost Builders appeared in support of the Development Plan. He explained that there are two changes from the preliminary plan. First, the University building which was purchased by Prost will not be torn down for parking but will be used in conjunction with the Marquette and the H&H Building. Prost is working with the surrounding property owners to provide adequate parking for the building. The second change includes expanding the Bch floor of the building for a penthouse, offices or a restaurant. There being no further appearances, the hearing was closed. BILL NO. 03-06 was given first reading as follows: AN ORDINANCE OF THE CITY OF CAPE GIRARDEAU, MISSOURI, APPROVING THE FINAL REDEVELOPMENT PLAN SUBMITTED BY THE MARQUETTE PLAZA 353 REDEVELOPMENT CORPORATION FOR THE REDEVELOPMENT OF THE PROPERTIES LOCATED AT 338 BROADWAY AND 221 NORTH FOUNTAIN STREETS, CITY OF CAPE GIRARDEAU, MISSOURI; DECLARING THE AREA INCLUDED IN SUCH PLAN BLIGHTED PURSUANT TO SECTION 353.020(2) RSMo; AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH THE MARQUETTE PLAZA 353 REDEVELOPMENT CORPORATION; AND AUTHORIZING CERTAIN TAX ABATEMENT WITHIN THE PLAN AREA The first reading of BILL NO. 03-06 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Don Howard appeared in opposition to the four ordinances on the agenda calling an election on tax and fee proposals. He stated that the City foolishly spends its money on consultants and studies. He felt the aquatics center is a luxury item that is not needed. The economy is in a recession and now is not the time for increased taxes. Mayor Knudtson responded that the city is just now beginning the education process regarding the four proposals, and he asked Mr. Howard to keep an open mind to what the city has to say. Mr. Howard said he would do that. Dr. Pauline Fox, a member of the River Campus Board of Managers, appeared and gave a report on the Conceptual Design Plan for the River Campus. She reviewed the site plan, the location of the buildings on the complex, including the visitors center, and the location of Fountain Street. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session January 6, 2003 49 7001111 Mr. Lyle Davis appeared regarding the proposed no parking ordinance on Spanish Street at Good Hope near the driveway of the Aquamsi Apartment Complex. He requested that two parking spaces just south of the driveway be eliminated as well as the one parking space just north of the drive. Mr. Truman Lemons appeared and stated he owns and operates a business in this area which employs 24 people. In addition, there are 24 rental units in this area. Based on this, there is a need for 72 parking spaces; however, there are presently only 29. He opposed the removal of three parking spaces, but would support removing the two parking spaces on the south side of the drive. Upon questioning by the Mayor, Police Chief Steve Strong explained that the Police Department met with the property owners and residents in this area. Based on the findings, he recommends that parking be prohibited on South Spanish 86 feet north of Goodhope, which eliminates all of the parking (two parking spaces) south of the apartment complex driveway, and the department will enforce the five-foot no parking regulation on either side of the driveway. BILL NO. 03-04 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE BY ESTABLISHING NO PARKING ON SPANISH STREET IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-04 was approved upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Ms. Betty Jackson of Twin City Auto Sales in Scott City, appeared regarding the wrecker service contract used by the Cape Girardeau Police Department. She stated that city police officers have refused to allow her wrecker service to pick up vehicles in the city because of the wrecker service contract, even when the vehicle owner requested her services. If the vehicle is not obstructing traffic, she did not see a reason why her wrecker service.would be denied the right to pick up cars. She cited three instances when her wrecker service was not allowed to pick up vehicles. Mayor Knudtson responded that the City Manager would review this matter and contact her. Mr. Bobby McDonald appeared regarding college students being allowed to park their vehicles in his commercial lot on North Sprigg Street. At the present time if he calls the Police Department to issue a ticket, they must give 24 to 48 hours notice before the vehicle can be towed. In addition, he stated that he did not receive notice of the special use permit requested by Rhodes for a nightclub on North Sprigg, and his property adjoins the parking lot on Frederick Street. Mr. McDonald requested the city adopt an ordinance allowing a property owner to immediately remove a vehicle illegally parked on a private parking lot. Mayor Knudtson requested the City Manager look into this matter. Ms. Boardman commended the Public Works Department for their extra efforts to pick up all the extra solid waste from the Christmas holidays in addition to taking care of the streets during the snow. Mr. Herbst commended Logan Brennecke of Boy Scout Troop 11 in Jackson for the Eagle Scout Project he completed in Shawnee Park. He restored the soccer goal posts, numbered each field, and constructed directional signs to the fields at the bridge and parking lots. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session January 6, 2003 50 T00111195 _ Regarding the proposed ordinance on�t ie stormwater management utility charge, the engineer has recommended the maximum charges be included in the ordinance. Mr. Miller reviewed the charges, and stated the ordinance will need to be amended to include these charges. 11 BILL NO. 02-291 was given second and third readings as follows: AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF WHETHER THE CITY SHALL ESTABLISH A STORMWATER MANAGEMENT UTILITY CHARGE FOR THE PURPOSE OF PROVIDING FUNDS FOR FLOOD CONTROL AND THE OPERATION OF THE CITY'S STORMWATER SYSTEMS AND FACILITIES; DESIGNATING THE TIME OF HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION Mr. White made a motion, seconded by Ms. Boardman to approve the second and third readings of BILL NO. 02-291 and to adopt the ordinance. Mr. Hopkins made a motion, seconded by Mr. Herbst, to amend BILL NO. 02-291 by incorporating the changes set out in the Council packet materials, including the specific stormwater rate charges, in the ordinance and ballot language. The amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-291 is ORDINANCE NO. 3116. BILL NO. 02-289 was given second and third readings as follows: AN ORDINANCE PROVIDING FOR A SALES TAX IN THE AMOUNT OF ONE-QUARTER OF ONE PERCENT FOR THE PURPOSE OF PROVIDING REVENUES FOR THE OPERATION OF THE CAPE GIRARDEAU MUNICIPAL FIRE DEPARTMENT AND CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF WHETHER TO IMPOSE SUCH SALES TAX The second and third readings of BILL NO. 02-289 were approved and the ordinance adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-289 is ORDINANCE NO. 3117. BILL NO. 02-290 was given second and third readings as follows: AN ORDINANCE IMPOSING A USE TAX FOR GENERAL REVENUE PURPOSES AT THE RATE OF TWO PERCENT (2.00%) FOR THE PRIVILEGE OF STORING, USING OR CONSUMING WITHIN THE CITY ANY ARTICLE OF TANGIBLE PERSONAL PROPERTY PURSUANT TO THE AUTHORITY GRANTED BY AND SUBJECT TO THE PROVISIONS OF SECTIONS 144.600 THROUGH 144.761 RSMo; PROVIDING FOR THE USE TAX TO BE REDUCED OR RAISED IN THE SAME AMOUNT AS ANY CITY SALES TAX IS REDUCED OR RAISED; AND CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF WHETHER TO IMPOSE SUCH USE TAX Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session January 6, 2003 51 T09111195 The second and third readings of BILL NO. 02-290 were approved and the ordinance adopted upon Ms. Boardman's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-290 is ORDINANCE NO. 3118. BILL NO. 02-292 was given second and third readings as follows: AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF WHETHER THE CITY SHALL IMPOSE AN AD VALOREM PROPERTY TAX OF TEN CENTS PER ONE HUNDRED DOLLARS ASSESSED VALUATION FOR THE PURPOSE OF PROVIDING FUNDS FOR THE GENERAL REVENUE OF THE CITY; DESIGNATING THE TIME OF HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION The second and third readings of BILL NO. 02-292 were approved and the ordinance adopted upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-292 is ORDINANCE NO. 3119. The following bills were given second and third readings. BILL NO. 02-250 AN ORDINANCE AMENDING CHAPTER 29 OF THE CITY CODE RELATING TO DUTY OF OWNERS TO CONNECT TO PUBLIC SEWERS BILL NO. 02-278 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF SILVER SPRINGS ROAD BETWEEN MT. AUBURN ROAD AND MISSOURI ROUTE 74 BILL NO. 02-280 AN ORDINANCE APPROVING THE RECORD PLAT OF MANSOURI SUBDIVISION BILL NO. 02-281 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, OF MAKING CERTAIN SEWER IMPROVEMENTS IN SEWER DISTRICT 14-K-7 BY CONSTRUCTING SANITARY SEWERS TO SERVE CERTAIN PROPERTIES ALONG PERRYVILLE ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 02-283 AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE SIEMERS DRIVE WIDENING FROM CAMPSTER DRIVE TO BLOOMFIELD ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR Proceedings of Regular the City Council, City of Cape Girardeau, Mo. Session January 6, 2003 52 ■ 3f 1 ixli5T.'�, McM47.�R]1eRINS)MMIFA.10&M1lel� 1.1�.Z�1�1►I� • �. LATERAL SEWER DISTRICT NO. 14 -1 -F -8A, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1-F, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SANITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14 -1 -F -8A, UNDER A PRIVATE CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 02-285 AN ORDINANCE ACCEPTING A PERMANENT SEWER EASEMENT FROM AMERICARE PROPERTIES, INC., FOR SANITARY SEWER IMPROVEMENTS IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 02-287 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER CHAPTER 53 (5311) OF TITLE 49, UNITED STATES CODE The second and third readings of BILL Nos. 02-250, 02-278, 02-280, 02-281, 02-283, 02-284, 02-285 and 02-287 were approved and the ordinances adopted upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-250 is ORDINANCE NO. 3120; BILL NO. 02-278 is ORDINANCE NO. 3121; BILL NO. 02-280 is ORDINANCE NO. 3122; BILL NO. 02-281 is ORDINANCE NO. 3123; BILL NO. 02-283 is ORDINANCE NO. 3124; BILL NO. 02-284 is ORDINANCE NO. 3125; BILL NO. 02-285 is ORDINANCE NO. 3126; BILL NO. 02-287 is ORDINANCE NO. 3127. BILL NO. 03-01 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ASHLAND COURT MINOR SUBDIVISION NO. 1 The first reading of BILL NO. 03-01 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-05 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTING AGREEMENT WITH EPIC SYSTEMS, INC., FOR TWO ADDITIONAL WASTEWATER PUMP STATION SITES IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 03-05 was approved and the resolution adopted upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-05 is RESOLUTION NO. 1858. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session .1anuary 6, 2003 53 T00111195 Mr. Donald Charles Blum III was appointed to the Historic Preservation Commission for a term expiring April 16, 2004, and Ms. Pamela Watson was appointed for a term expiring April 16, 2005, upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Herbst made a motion, seconded by Mr. Hopkins, to conditionally approve a retail by the drink, manufacturer of beer and Sunday sales liquor license for Cape Girardeau Brewing Company LLC, 132 North Main, Phillip Brinson, Managing Officer. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Following discussion, Mr. Purcell made a motion, seconded by Mr. White, to conditionally approve an original package liquor and Sunday sales license for Toni A. Majeed, d/b/a Cape Gas Company, 40 North Sprigg, Toni A. Majeed, Managing Officer. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Ms. Boardman made a motion, seconded by Mr. Herbst, to approve the Conceptual Design Plan for the River Campus. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Ms. Ritter announced that the City Council will begin the budget process by holding a study session on January 22 at 7:00 p.m. in the City Council Chambers. There being no further business, the Council adjourned upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Gayle 16)Conrad, City Clerk Jay B. dtson, Mayor Gayle 16)Conrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session 54 T00111195 - THIS PAGE INTENTIONALLY LEFT BLANK.