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HomeMy WebLinkAboutCouncil.Minutes.05-19-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 19, 2003 117 T00111195 REGULAR SESSION — MAY 19, 2003 The Cape Girardeau City Council convened in regular session on Monday, May 19, 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. Rev. Barry Pfanstiel of Good Shepherd Lutheran Chapel presented the invocation, and the Pledge of Allegiance was recited. Prior to the regular session, the City Council convened in closed session for purposes of discussing personnel and litigation pursuant to RSMo. Sections 610.021(1) and 610.021(3), upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson presented a plaque to Dale Steffens honoring and commending him for his years of service with the City of Cape Girardeau and congratulating him on his retirement. The minutes of the May 5, 2003, regular and closed sessions were approved upon Ms. Ritter'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, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Don Howard appeared in opposition to changes in the fireworks ordinance. He stated the regulation prohibiting the sale and discharge of fireworks within 600 feet of a school or church should not be eliminated for safety reasons, even though it is difficult to enforce. He also questioned why the larger fireworks are not prohibited the same as bottlerockets. Mayor Knudtson responded that it is the intent of the Council to table the fireworks ordinance to allow the Police Department to review this matter further. Mr. Howard questioned who would be funding the Terrace Park Facility at the River Campus? City Manager Michael Miller explained that this project would be funded through a State grant with no money from the City. Mr. George Graham appeared regarding his request for a special use permit at 1335 Westhill. His intent is to open a small engine repair shop on a part-time basis. He requested the City Council review the request, and stated he would be willing to do it on a trial basis for one year and then re- evaluate at that time. Following comments by the Mayor, Mr. Hopkins made a motion, seconded by Mr. Purcell, setting a public hearing at the June 16 City Council meeting on the request of George A. and Karen I. Graham for a special use permit for a small engine repair shop at 1335 Westhill Drive. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Hopkins requested staff prepare a report regarding all residential zoned districts and the number of people that are allowed to reside in these zoning districts. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 19, 2003 118 T00,,,,95 Mr. Hopkins expressed concern regarding the definition of weeds, wild -`lowers and other vegetation that is in the City Code. What some people consider flowers, others consider weeds, and this is prompting complaints from citizens. Mr. Herbst thanked city staff for assisting the City of Jackson in responding to the recent tornado. He commended the personnel for their prompt assistance. Mayor Knudtson stated he also received a letter from Mayor Paul Sander expressing his appreciation for Cape's assistance. The City provided personnel and equipment from the Fire Department, Police Department, Public Works Department, and Inspection Services. Ms. Boardman thanked Steve Cook of the Public Works Department for his assistance in assisting a citizen with a problem on Park and Spanish Streets. Mayor Knudtson requested staff prepare a report regarding weather alert system needs for the City of Cape, including alternatives for sirens or other means to alert citizens of approaching weather. Mayor Knudtson thanked the citizens who attended the round -table discussion and presented comments regarding the April 8, 2003, election. Regarding activity occurring in Kiwanis Park, Mayor Knudtson requested the Police Chief develop recommendations to immediately eliminate the unwanted activity in this park. Many of the people in this park are outsiders, and the city should take drastic measures to handle the situation. Mayor Knudtson announced that on May 28 at 2:30 p.m. there will be a dedication ceremony at North Cape County Park in honor of the victims of violent crimes, and he encouraged all Council members to support this activity. Regarding the old Marquette Hotel, Mr. Miller reported that the permit has been issued for Phase I for the two stairways which should be completed in July. The plans have been submitted for the rest of the project. The environmental abatement is 98 percent complete, and the contractor is currently cleaning the outside walls. Upon questioning by Ms. Ritter, Mr. Miller gave an update on the Fountain Street project. The EPA is requiring a public hearing on the matter, and it will be put out for bid after that. It is expected that the bid will be awarded in August with construction beginning in October. Before the project can proceed, EPA and DNR must approve it, and their approval will control the timeline of the project. At least two lanes should be open by the time the Mississippi River Bridge is opened. Mr. Miller announced that there would be a study session on May 29 at 6:00 p.m. to review the 2003-2004 annual operating budget which was presented to the City Council at the retreat. A utility rate increase of three percent is included. BILL NO. 03-65 was given second and third readings as follows: AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS FROM SUSAN B. WILLIAMS, VINCENT L. KELLEY, JAN KELLEY, TERRENCE L. KELLEY AND KIM KELLEY FOR PROPERTY AT 25 THROUGH 37 S. FREDERICK STREETS Proceedings of the City Council, City of Cape Girardeau, Mo. Reuular Session May 19, 2003 119 700111195 The second and third readings of BILL NO. 03-65 were approved and the ordinance adopted upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-65 is ORDINANCE NO. 3167. BILL NO. 03-68 was given second and third readings as follows: AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE RELATING TO FIREWORKS Mr. White made a motion, seconded by Ms. Boardman, to table approval of this ordinance due to a possible conflict with State statute. The motion was approved upon the following vote: Ayes: Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BELL NO. 03-70 was given second and third readings as follows: AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE/PURCHASE AGREEMENT AND RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF CITY VEHICLES The second and third readings of BILL NO. 03-70 were approved and the ordinance adopted upon Mr. Herbst's, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-70 is ORDINANCE NO. 3168. BILL NO. 03-72 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, REPEALING HANDICAP PARKING ON A PORTION OF SOUTH MIDDLE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-72 was approved upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-74 was given first, second and third readings as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE MARQUETTE OFFICE REDEVELOPMENT PROJECT The first, second and third readings of BILL NO. 03-74 were approved and the ordinance adopted upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. City Attorney Eric Cunningham stated that this ordinance does comply with the Charter provisions for emergency reading. BILL NO. 03-74 is ORDINANCE NO. 3169. BILL NO. 03-77 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF SCHUESSLER SUBDIVISION Proceedings of the City Council, City of Cape Girardeau, Regular Session May 19, 2003 700111195 Mo. 120 TFiee-�rst reading o - was approved upon-TE-Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-73 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HORNER & SHIFRIN, INC., FOR PROFESSIONAL SERVICES RELATED TO DESIGN OF STORMWATER CULVERTS AT PEACH TREE STREET AND RANCHITO DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 03-73 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-73 is RESOLUTION NO. 1886. BILL NO. 03-78 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT GROUND LEASE WITH HANGAR 3, INC. AT THE CAPE GIRARDEAU REGIONAL AIRPORT Mr. Herbst made a motion, seconded by Mr. Purcell to approve the reading of BILL NO. 03-78 and adopt the resolution. Upon the request of Mayor Knudtson, Airport Manager Bruce Loy presented the history of the negotiations for this lease. In August of 2002, Mr. Paul Fisher approached the City about placing a small facility on a large portion of airport property to be leased from the City. The City developed a proposed property lease which was presented to Mr. Fisher, and he requested significant changes. Due to his request to change the terms of the lease, the time to negotiate the lease was extended. Mayor Knudtson stated that people are discouraged with the process to negotiate a lease at the airport, and the City should be perceived as an agreeable partner. The City should not discourage development at the airport with specific requirements in a lease. Following comments, the motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03- 78 is RESOLUTION NO. 1887. BILL NO. 03-76 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT NO. 2 TO PROJECT AGREEMENT NO. 2, TO A PROFESSIONAL SERVICES CONTRACT WITH CRAWFORD, MURPHY & TILLY, INC., CONSULTING ENGINEERS, FOR A HANGAR/ MANUFACTURING FACILITY FOR RENAISSANCE AIRCRAFT, AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 03-76 was approved and the resolution adopted upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-76 is RESOLUTION NO. 1888. BILL NO. 03-79 was presented as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session may 19, 2003 121 700111195 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A U. S. GOVERNMENT LEASE ACTING THROUGH ITS GENERAL SERVICES ADMINISTRATION FOR REAL PROPERTY AT THE CAPE GIRARDEAU REGIONAL FEIVI-IJOSIM The reading of BILL NO. 03-79 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-79 is RESOLUTION NO. 1889. Mr. Michael Keefe was appointed to the Parks and Recreation Advisory Board for a term expiring October 29, 2004, upon Ms. Ritter's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The following liquor licenses were renewed upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Final approval: Original Package Liquor and Sunday Sales: Anna E. Kidd d/b/a Kidds, 1325 Broadway, Anna E. Kidd, Managing Officer Phillip T. McClellan d/b/a CRS, 102 Mason, Phillip T. McClellan, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 449 S. Kingshighway, Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 1610 N. Kingshighway, Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 10 S. West End Blvd., Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 1008 N. Kingshighway, Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 1126 N. Sprigg, Paul Dirnberger, Managing Officer 5% Beer by the Drink: R&V Enterprises Inc. d/b/a Pagliai's Pizza & Pasta, 1129 Broadway, Ronald F. Bohnert, Managing Officer Conditional Approval: Original Package Liquor and Sunday Sales: C & R Oil LLC d/b/a D -Mart #6, 263 Farrar, Bradley Smith, Managing Officer Drury Petroleum Corp. d/b/a Amoco, 3276 William, Bradley Smith, Managing Officer DSW Development Corp. d/b/a Shell Cape, 3415 William, Bradley Smith, Managing Officer Anna E. Kidd d/b/a Kidds II, 103 N. Kingshighway, Anna E. Kidd, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 2109 William, Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 407 Morgan Oak, Paul Dimberger, Managing Officer 3.2% Non -Intoxicating Beer by the Drink: Pizza Enterprises Inc. d/b/a Pizza Hut, 215 S. Kingshighway, Dwayne Severs, Managing Officer Retail Liquor by the Drink: Tamara Zellars Buck d/b/a The Phat Cat, 731 Broadway, Tamara Zellars Buck, Managing Officer Drury Inns Inc. d/b/a Drury Suites, 3303 Campster Dr., Randy Kluge, Managing Officer Midamerica Hotels Corp. d/b/a Holiday Inn Complex, I-55 & Route K, Daniel Drury, Managing Officer Simon Sez, Inc. Craig C. Horky d/b/a Daytimers Lounge, 829 S. Kingshighway, Craig Horky, Managing Officer Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 19, 2003 122 T00111195 Retail Liquo�Drink and Sunday Sales.- Columbus ales.Columbus Club Assoc. d/b/a Knights of Columbus, 318 S. Spanish and grounds, Robert Schott, Managing Officer Dalhousie Golf Club LLC, 302 Blackford Ln., Cordell Dombrowski, Managing Officer El Torero, Inc. d/b/a El Torero, 2120 William, Delia Trejo, Managing Officer GMRI Inc. d/b/a Red Lobster #0707, 3269 William and patio, Roger Breshahan, Managing Officer Logan's Roadhouse, Inc., 3012 William, Mark Dimberger, Managing Officer SStock LLC d/b/a Broussard's, 120 N. Main, Stephanie Stockard, Managing Officer West Park Bowling Lanes Inc., 354 S. Silver Springs, Darryl James, Managing Officer Herbert S. Williams and Michael J. Hess d/b/a Breakaways, 15 N. Main, Michael Hess, Managing Officer Willy's Beach Club LLC d/b/a Nick's, 1 N. Main, Robert LaGore, Managing Officer Mr. Hopkins made a motion, seconded by Ms. Boardman, to file the recommendation of the Planning and Zoning Commission to deny the request of Rhodes Real Estate Partners to rezone 1629 Kingsway Drive from R-1, single family residential district, to C-1, local commercial district. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson stated that the Planning and Zoning Commission toured this location, and there were several citizens who appeared in opposition to the request at the Planning and Zoning Commission meeting. The improvements completed on the Hangar/Manufacturing Facility Phase II at the Cape Girardeau Regional Airport were accepted, and final payment to Columbia Construction Company was authorized upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The preliminary design of the Terrace Park Facility on the Southeast Missouri State University River Campus was approved upon Ms. Boardman's motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Upon questioning by the Council, Mr. Miller explained that the University received a grant through MoDOT to construct a river overlook/park at the River Campus, which will include a trail, parking, pavilion and a bus entrance. The City Council proceeded to discuss the purpose of the City Council study sessions that are held just prior to the regular City Council meetings. Mayor Knudtson explained that much of the discussion occurs at the study session, which makes the regular meeting seem mundane rubber- stamped to the citizens. Ms. Boardman suggested the Council review the format used in Tallahassee, Florida, where there is no study session. Ms. Ritter agreed that most discussion is done in the study session; however, there is no dialogue with citizens. If both sessions were combined, there would be more citizen input and contact. Mr. Miller stated the cable company would be willing to work with the city on televising the study sessions. Mr. Hopkins expressed opposition to eliminating the study session but did not oppose televising it. This gives the staff the opportunity to research issues and bring the information to the regular City Council meeting. Mr. Purcell stated he did believe that a study session is needed. It allows the council to receive additional input on issues and gives them time to think through an issue before it must be voted on. He did not oppose televising the study session. Mr. White expressed opposition to televising the study session. If it is televised, you lose the relaxed atmosphere, and he did not want the Council to be perceived as not knowing the information. In addition, the Council may concentrate on what the people watching at home are thinking and not concentrating on the meeting. What is productive is not necessarily entertaining and the Council needs to be productive for the citizens. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session may 19, 2f103 123 700111195 Following additional discussion Mayor Knudtson requested Ms. Boardman and Mr. Herbst to serve on a sub -committee with him to review this issue and make a recommendation to the Council on an option that could satisfy the needs of the Council and the citizens. Mr. Jim Drury appeared before the Council to discuss issues relating to the River Campus and how it relates to the history of the Show Me Center. He continued discussing the agreement between the City and the University for the River Campus project, including the $8.9 commitment by the city. He stated it is unfair that he is only allowed five minutes to speak, and he would pay money to be able to speak for an hour. He felt the biggest problem is that the Council does not listen to him. He could present the facts on these issues one by one; however, the Council will not listen. He discussed the growth patterns of the city over the last 20 years, he read statements from various articles which have appeared in the Southeast Missourian newspaper, he questioned how there could have been a valid election when there was no legal cooperation agreement with the University, and he discussed actions of the previous Mayor and City Council. This issue, Mr. Drury said, has split the town. Mr. Al Stoverink appeared as a citizen of Cape Girardeau and stated he worked for the City of Cape for 10 years and for the University for ten years, and has listened to Mr. Drury's comments. The majority of the voters in the election supported the project; however, Mr. Drury misuses the information he has. He accuses the City Council of doing things he himself has done, and his words and actions are what create the problems. The election did not receive the super -majority vote as needed to issue general obligation bonds for the project, so the city did not issue the bonds. However, the City Council is following through with the majority vote of the people. Mr. Purcell made a motion to adjourn, seconded by Mr. Herbst. Mayor Knudtson stated that anyone was welcome to stay after the meeting and listen to the remainder of Mr. Drury's comments. The comments by Mr. Drury and Mr. Stoverink were clear, and both sides of the issue were presented. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. [Note: Mr. Drury continued his comments following adjournment of the regular meeting. City Council members present were Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Ms. Boardman was absent.] OC/ i . Budtson, Mayor Gayle 1r, onrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session 124 THIS PAGE INTENTIONALLY LEFT BLANK.