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HomeMy WebLinkAboutCouncil.Minutes.04-19-2004.RegularProceedings of the City Council, City of Cape Girardeau, Mo. T00111195 Reuular Session April 19, 2004 369 REGULAR SESSION — APRIL 19, 2004 The Cape Girardeau City Council convened in regular session on Monday, April 19, 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. Rev. Jay White of First Baptist Church 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 property acquisition, personnel, litigation and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1), (2) and (3), upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The minutes of the April 5, 2004, regular and closed sessions and April 9, 2004, special session 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, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Ms. Boardman stated she attended the Community Development Block Grant open house, and she commended Steve Williams of the Planning Services Office for his work on this grant program Mr. Hopkins attended the dedication for the Flood Control Project. He thanked the past and present city staff for their cooperative effort with the Corps of Engineers and Federal and State agencies on this project. This project has had a significant impact on the entire community. Mayor Knudtson also thanked the staff for their work. Mr. Herbst attended the Semo Regional Special Olympics at Central Junior High with over 300 athletes and 1,000 in attendance. He commended the Parks and Recreation Staff for their excellent work in hosting this event. City Manager Doug Leslie reported that the Parks and Recreation Department mailed a letter to past patrons advising them of the new park fees that will be in effect in May. This being the date set for a public hearing to consider vacating the city's interest in an alley running south off of Dunklin Street to an east/west alley between Illinois Avenue and Park Avenue, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 04-65 was given first reading as follows: AN ORDINANCE VACATING AN ALLEY RUNNING SOUTH OFF OF DUNKLIN STREET TO AN EAST/WEST ALLEY BETWEEN ILLINOIS AVENUE AND PARK AVENUE IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-65 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. Proceedings of the City Council, City of Cape Regular Session April 19, 2004 Girardeau, Mo. 370 700111195 Mr.esL i-1ie explained that a- t tI e request off'a council member, of third party providers to the city will be attending Council meetings to report on past and future activities. Mr. Dave Walker, Government Affairs Manager for Charter Communications, gave a presentation on the recent restructuring of Charter, including the combination of several surrounding states into key management areas. He discussed the change in management levels and the establishment of a call center to handle all service calls from this area. Mr. and Mrs. Tray Thrower appeared in support of a request for a liquor license for the Bel -Air Grill. Ms. Thrower commended the Customer Service staff for their assistance in processing the liquor license application. Following questioning by the Council, Ms. Thrower indicated she was aware of previous problems with outside noise and music at this establishment, and she did not feel there would continue to be a problem with this. Mr. Herbst made a motion, seconded by Ms. Boardman, to conditionally approve a new retail liquor by the drink and Sunday sales license and a renewal for Misty Thrower d/b/a Bel Air Grill, 24 S. Spanish, Misty Thrower, Managing Officer. The motion was approved upon the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The following bills were given second and third readings: BILL NO. 04-64 AN ORDINANCE REPEALING ORDINANCE NO. 3034 AND DISSOLVING LATERAL DISTRICT NO. 14-K-7, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-69 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CLILA, L.P., FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING AN ADDITIONAL ADVERTISING SIGN AT 612 SOUTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-70 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 3120 BLOOMFIELD ROAD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R- 1 TO R-4 BILL NO. 04-71 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SOUTHEAST MISSOURI STONE COMPANY FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING AN OFFICE TRAILER LOCATED AT 1224 SOUTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-72 AN ORDINANCE AMENDING SECTION 27-42(g) OF THE CITY CODE RELATING TO TRAVEL TRAILER CAMPS BILL NO. 04-76 AN ORDINANCE ACCEPTING AN AMENDED DEDICATION OF NORTHWOOD HILLS SECOND SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND ACCEPTING, ALL IMPROVEMENTS INTO THE CITY'S SYSTEM Proceedings of the City Council, City of Cape Girardeau, Mo. Be alar Session April 19, 2004 371 700111195 The second and third readings of BILL NOs. 04-64, 04-69, 04-70, 04-71, 04-72 and 04-76 were approved and the ordinances 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. 04-64 is ORDINANCE NO. 3307; BILL NO. 04-69 is ORDINANCE NO. 3308; BILL NO. 04-70 is ORDINANCE NO. 3309; BILL NO. 04-71 is ORDINANCE NO. 3310; BILL NO. 04-72 is ORDINANCE NO. 3311; BILL NO. 04-76 is ORDINANCE NO. 3312. BILL NO. 04-83 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF TWIN LAKES SECOND SUBDIVISION The first reading of BILL NO. 04-83 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. BILL NO. 04-78 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH JAY PURCELL AND KELLY PURCELL FOR PLACEMENT OF A FENCE AT 141 SOUTH LOUISIANA STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 04-78 was approved and the resolution adopted upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, none. Mr. Purcell and Mr. White abstained for financial reasons. Mr. Purcell owns the property and Mr. White has worked as real estate agent for Mr. Purcell. BILL NO. 04-78 is RESOLUTION NO. 1958. BILL NO. 04-79 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 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. 04-79 was approved and the resolution 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. 04-79 is RESOLUTION NO. 1959. BILL NO. 04-80 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL TECHNICAL AND CONSULTING SERVICES CONTRACT WITH WELCH ELECTRIC COMPANY FOR THE CAPE ROCK WATER TREATMENT PLANT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 04-80 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. 04-80 is RESOLUTION NO. 1960. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 19, 2004 700111195 BILL NO. 04-81 was presented as follows: 372 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING SERVICES CONTRACT WITH BOWEN ENGINEERING & SURVEYING, INC., FOR THE WATER STREET RENOVATIONS PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 04-81 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. 04-81 is RESOLUTION NO. 1961. BILL NO. 04-82 was presented as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION FROM DRURY LAND DEVELOPMENT, INC., AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION The reading of BILL NO. 04-82 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. 04-82 is RESOLUTION NO. 1962. Mr. Donald Jung was appointed to the Vision 2020 Community Relations Council for a term expiring December 31, 2004, upon Ms. Boardman's motion, Ms. Ritter's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Mark Seesing, Mr. Fred Schmucker and Mr. Fred Eggley were appointed to the Airport Advisory Board for terms expiring April 30, 2006, upon Mr. White's motion, Mr. Purcell's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Ms. Pat Dahl, Ms. Kim Leazenby and Mr. Rhett Hendrickson were appointed to the Historic Preservation Commission for terms expiring April 16, 2007, upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. A temporary 5% beer by the drink license for John J. Yallaly, d/b/a American Legion Post 63 for an event to be held June 4-6, 2004, at the A. C. Brase Arena Building, was approved upon Mr. Herbst's motion, Ms. , Boardman's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The City Council discussed issues relating to the Sales Tax Holiday approved by the State Legislature, including the timing, the financial impact to the city, and the pros and cons to opting out of the holiday. Mr. Leslie explained that in 2003 the legislature adopted a law that no sales tax would be collected in the state on August 13-15, 2004 to cover a prime shopping period for back to school purchases. The State has provided an option to cities and counties to opt of this provision, which allow them to collect their local sales tax. The City Council must notify the State by July 9 whether or not the city will be participating. The letter in the Council packet included information from the Missouri Municipal League and the State Chamber of Commerce. These sources indicated that the city could lose up to $9,000 in sales tax revenue or gain up to $15,000 in additional sales that would not otherwise be made by consumers. Mr. Cunningham reviewed the Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 19, 2004 373 T00111195 four areas that would be affected by the holiday: (1) clothing up to $100 per purchase, (2) school supplies up to $50 per purchase, (3) computer software up to $200 per purchase, and (4) computers up to $2,000 per purchase. Mayor Knudtson stated that the Chamber President previously indicated he felt the Chamber Board would endorse the Sales Tax Holiday; however they have not yet taken official action on this. At the request of the Council, Ms. Joyce Hunter of Westfield Shopping Town discussed how the sales tax holiday would affect retail stores as well as other merchants in town, especially restaurants. In order to better plan for the event, most retailers would prefer to have a good amount of time prior to the date of the holiday to plan their advertising campaigns and order stock. At the request of the Mayor, Ms. Hunter agreed to gather information from other Westfield Shoppingtowns in communities that have sales tax holidays, including information on increases in sales on goods not included in the sales tax holiday. She will present this information to the Council for its next meeting. Following further discussion on issues that would affect the sales tax holiday, the Council agreed to delay action on this issue until further information is received from Ms. Hunter, and a recommendation is received from the Chamber Board. In addition, they felt they needed to make a decision as soon as possible for the benefit of the local merchants. This issue will be placed on the next agenda for further discussion. Mr. White made a motion, seconded by Mr. Herbst, to file the recommendation of the Planning and Zoning Commission to deny the request of Candi Siebert -Winkler for a special use permit to operate a photography and graphic design business from her home located at 2573 Lisa Drive in an R-2 single family residential zone. The motion was approved upon the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Herbst made a motion, seconded by Mr. White to appoint Matt Hopkins as the City Council Mayor Pro Tempore replacing Councilman White. 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. Herbst's 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. TUO,,,,95 Session THIS PAGE INTENTIONALLY LEFT BLANK.