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HomeMy WebLinkAboutCouncil.Minutes.03-01-2004.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 1, 2004 341 T00111195 REGULAR SESSION — MARCH 1, 2004 The Cape Girardeau City Council convened in regular session on Monday, March 1, 2004, 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. Councilman White presented the invocation, and the Pledge of Allegiance was recited. Prior to the regular session, the Council convened in closed session for purposes of discussing personnel, litigation and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1) and (3), upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The minutes of the February 17, 2004, regular and closed sessions were approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The agenda was adopted as distributed upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Herbst commended the staff on the report presented to the Council outlining the grants and grant funding the city has received over the last two years. Ms. Ritter commented that this amount is very impressive and the City needs to do a better job of getting this information out to the citizens. The total amount received over the last two fiscal years was $3,384,600. Mayor Knudtson reported on the following: 1. The City was involved in the NASA Space Exhibit held this past week on the Schnucks parking lot. The director reported to him that the opening day drew 1200 visitors, with four hours left in the day. 2. He, Matt Hopkins and Doug Leslie attended the Missouri Municipal League Legislative Conference and met with Representatives Crowell and Lipke. Many issues were discussed, and by the time they returned from the conference, he had already receivedseveral responses to his inquiries. 3. He walked on the new extension to the River Front Trail and was very impressed. The project was paid mostly with grants. This is a great improvement to downtown without using city funds. 4. h1 the Study Session the City Council recognized Interim Fire Chief Mark Hasheider for his service over the past 18 months. Mr. Rick Ennis will be starting as the new Fire Chief on Monday, March 8. City Manager Doug Leslie reported on the following: 1. He thanked city staff, especially Heather Brooks, Assistant to the City Manager, and Eric Cunningham, City Attorney, for preparing the legislative briefings to review with the representatives at the legislative conference. 2. He announced that Tim Gramling has been appointed as the new Public Works Director, with his duties starting today. He had been serving as Acting Public Works Director since September of 2003. This being the date set for a public hearing regarding the proposed Capital Improvements Program for fiscal years 2004-2009, the hearing was opened. There being no appearances, the hearing was closed. Mayor Knudtson explained that this document is basically a master plan for the city; Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 1, 2004 342 T00111195 jj however, a large percentage of the projects are unfunded. Action to a�opf-the CIP wiIT be on the II March 15`x' Council agenda. This being the date set for a public hearing regarding the request of Dennis and Wendy Pennington for a Special Use Permit to operate a daycare group home for up to 20 children at their home located at 832 Rear S. Sprigg in an R-3 Two-family Dwelling 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 of the City Code entitled "Special Use Regulations"; (2) the application for Special Use Permit; and (3) the application file. Ms. Tiffany Keller and Ms. Wendy Pennington appeared in support of the request and to answer questions. Ms. Pennington stated that she lives on this property, and this dwelling is a rental unit behind the main structure. The mail is addressed to 616 Elm but was surveyed as a Sprigg Street Address. She will place the house number on the building for safety purposes. Mr. Herbst commended them for the way they handled the special use request procedure and obtaining their neighbors' support. There being no further appearances, the hearing was closed. BILL NO. 04-44 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DENNIS PENNINGTON AND WENDY PENNINGTON FOR THE PURPOSE OF MAINTAINING AND OPERATING A DAYCARE AT 832 REAR SOUTH SPRIGG STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-44 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson reported that Buz Sutherland reported on the activities and request of the Small Business Development Center at the study session. The funding for this investment is already included in the 2003-2004 budget; however, it has not yet been allocated in next year's budget. Following discussion, Mr. Purcell made a motion, seconded by Ms. Ritter, approving a 2004 investment in the Small Business Development Center of $6,000. The motion was approved upon the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Don Howard appeared and expressed his opposition to the proposed Fire Sales Tax until better results are seen from the Police Department. In addition, he explained a situation that occurred near his home on Saturday evening relating to his neighbor and expressed his dissatisfaction with the way the matter was handled by the Police Department. Mr. Matthew Howard, Don Howard's son, also appeared and further explained the situation that occurred on Saturday, February 28, near his home. Following discussion, Mayor Knudtson responded that Mr. Leslie and Police Captain Carl Kinnison will followup with the formal complaints filed and take the issue under advisement. Ms. Jane Jackson appeared in support of the grant application with the Department of Natural Resources for funding for public restrooms at the Red House Interpretive Center in downtown Cape Girardeau. The Red House has seed money available for this project, and no city funds will be used. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 1, 2004 343 T00111195 BILL NO. 04-50 was presented as follows: A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AUTHORIZING APPLICATION TOT HE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR THE 2004 RE3CREATIONAL TRAILS GRANT FOR THE CONSTRUCTION OF RESTROOMS FOR THE RED HOUSE INTERPRETIVE CENTER AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS The reading of BILL NO. 04-50 was approved and the resolution adopted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-50 is RESOLUTION NO. 1941. Ms. Debbie Smith, the wife of a police officer, appeared and expressed her appreciation for the Council's support in placing the Fire Sales Tax on the June ballot. Mr. Rick Kuntze appeared on behalf of Mr. Jerry Lipps, and discussed a proposed project that Mr. Lipps would like to undertake on property he recently purchased just north of the existing airport facilities. He is interested in constructing a hangar facility and operating a through -the -fence operation. He is now negotiating an agreement with the city to allow access to the taxi -ways and runways at the airport from his property. The plan is to build the hangar and offer services that are not presently offered at the airport. He explained that he has had several meetings with city staff and wanted the Council to be aware of the project. He will have a written proposal soon to present to the staff. Mayor Knudtson explained that it is important for Mr. Lipps to understand that a formal written proposal is needed for staff to review. The Council is willing to consider the idea but something more concrete is needed from him. Mr. Kuntze and Mr. Lipps should work through Airport Manager Bruce Loy and the Airport Board, let them evaluate the proposal, and then the Council can review it. Following discussion regarding the Airport Master Plan, the Council agreed the strategic plan of the airport could be reviewed at the Council Retreat. Ms. Jennifer Balsman and Mr. Mark Bond, members of the Southeast Coalition of Justice appeared and distributed to the Council a press release and public announcement regarding a film that will be presented at the Cape Public Library entitled "Uncovered: The Whole Truth About the War". The film is being distributed and shown through grassroots advocacy groups, and they invited the Council Members to attend. The following bills were given second and third readings: BILL NO. 04-37 AN ORDINANCE APPROPRIATING FUNDS FOR DEBT SERVICE PAYMENTS FOR THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-38 AN ORDINANCE REPEALING SECTION 2-4 OF ORDINANCE 300, AND ENACTING A NEW SECTION 2-4 OF THE CITY CODE, SUSPENDING THE COMPENSATION OF COUNCIL MEMBERS UNTIL APRIL 1, 2005 Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the second and third readings of BILL Nos. 04-37 and 04-38 and adopt the ordinances. The motion was approved upon the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-37 is ORDINANCE NO. 3293; BILL NO. 04-38 is ORDINANCE NO. 3294 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 1, 2004 344 700111195 BILL NO. 04-39 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 Mr. Herbst made a motion, seconded by Ms. Boardman, to approve the second and third readings of BILL NO. 04-39 and to adopt the ordinance. Ms. Boardman questioned whether the Council could promise to reinstitute the Spring Cleanup Program if this tax is approved? The Council discussed the City's fiscal responsibility of the funds to be generated from the Fire Sales Tax if it is approved. Mayor Knudtson stated that if the tax proposal is successful and sales tax receipts improve, then the Council owes it to the citizens to review all of the budget cuts that were made. Following discussion, the motion was approved upon the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-39 is ORDINANCE NO. 3295. Upon questioning by Council Members, Mayor Knudtson explained that the next step in this process will be for city staff to pull together the various groups that are interested in working on this issue and develop a grass roots effort to get the measure approved by the voters. BILL NO. 04-41 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF BLOOMFIELD ROAD BETWEEN SIEMERS DRIVE AND STONEBRIDGE DRIVE The first reading of BILL NO. 04-41 was approved upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Hopkins requested city staff check into placing temporary stop signs at the by-pass on Bloomfield Road. BILL NO. 04-45 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, REPEALING CERTAIN SPEED LIMITS ON A PORTION OF CAPE ROCK DRIVE AND ESTABLISHING NEW SPEED LIMITS ON A PORTION OF CAPE ROCK DRIVE, IN THE CITY OF CAPE GIRARDEAU The first reading of BILL NO. 04-45 was approved upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-51 was given first reading as follows: AN ORDINANCE REPEALING ORDINANCE NO. 3285 IN CONNECTION WITH CERTAIN OUTSTANDING BONDS OF THE CITY AND PRESCRIBING RELATED MATTERS The first reading of BILL NO. 04-51 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 1, 2004 7001,,,95 BILL NO. 0442 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR THE COMMUNITY BLOCK GRANT PROGRAM The reading of BILL NO. 04-42 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. 04-42 is RESOLUTION NO. 1942. BILL NO. 04-43 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR THE COMMUNITY BLOCK GRANT PROGRAM The reading of BILL NO. 04-43 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-43 is RESOLUTION NO. 1943. BILL NO. 04-46 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR LONG DISTANCE INMATE TELEPHONE SERVICE WITH T-NETIX, INC., IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 04-46 was approved and the resolution adopted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-46 is RESOLUTION NO. 1944. BILL NO. 04-47 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL AGREEMENT FOR ENGINEERING SERVICES WITH S. H. SMITH & COMPANY, INC., IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 04-47 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Purcell, Ritter, White. Nays, none. Mayor Knudtson abstained for financial reasons because the bank he is employed by is making a loan to an individual that works for S. H. Smith and Co. BILL NO. 04- 47 is RESOLUTION NO. 1945. BILL NO. 04-48 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE MASTER SERVICES AGREEMENT WITH S. H. SMITH & COMPANY, INC., FOR THE FOUNTAIN STREET CORRIDOR, PHASE II, PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 04-48 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Purcell, Ritter, White. Nays, none. Mayor Knudtson abstained for financial reasons because the bank he is Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 1, 2004 346 700111195 employed by is making a loan to an individual that works for S. H. Smith and Co. BILL NO. 04- 48 is RESOLUTION NO. 1946. BILL NO. 04-49 was presented as follows: A RESOLUTION ADOPTING THE CITY OF CAPE GIRARDEAU TAX INCREMENT FINANCING POLICY AND GUIDELINES The reading of BILL NO. 04-49 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-49 is RESOLUTION NO. 1947. Mayor Knudtson thanked the TIF Commission for developing these guidelines to use for future TIF requests. Mr. Jess Hopple was appointed to the Board of Adjustment for a term expiring March 6, 2009, upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Dan Lohman was appointed to the Board of Examiners for a term expiring January 1, 2005, upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Hopkins made a motion, seconded by Ms. Ritter, to approve the improvement plans for a sanitary sewer extension to serve the Holiday Inn Express on Route K. The motion was approved upon the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. There being no further business, the meeting adjourned upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Gayle L. Oonrad, City Clerk