Loading...
HomeMy WebLinkAboutCouncil.Minutes.03-19-2012.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 19, 2012 II -33 REGULAR SESSION — MARCH 19, 2012 The Cape Girardeau City Council convened in regular session on Monday, March 19, 2012, at 7:00 p.m., with Mayor Harry Rediger presiding and Council Members Mark Lanzotti, Meg Proffer, Loretta Schneider, Kathy Swan,Debra Tracy, and John Voss present. Prior to the regular session, the City Council convened in closed session for purposes of confidential communications with legal counsel, and to discuss litigation, property acquisition and personnel matters, pursuant to RSMo. Sections 610.021(1), (2), and (3), upon Mrs. Tracy's motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy, and Voss. Nays, none. Reverend Bob Towner, of Christ Episcopal Church, and Councilmember Debra Tracy presented the invocation, and the Pledge of Allegiance wasrecited. Mrs. Schneider made a motion, seconded by Mrs. Tracy, to adopt the Agenda as presented. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy, and Voss. Nays, none. PRESENTATIONS Mayor Rediger presented a plaque to Mr. Fred Menz, recognizing his retirement from the Public Works Department He also recognized the retirements of Mr. Gary Snell from the Public Works Department, and Patrolman Robert Ross from the Police Department. The Mayor presented a Proclamation to Mr. Lee Schmitt and Mr. Kevin Wood of Broadway Prescription Shop, and Mr. Harry George, son of Mr. Homer George, and. recognized the third week of March as "Poison Prevention Week." Ms. Barbara Blanchard and Ms. Barbara Schwepker, Co -Chairs of the Council of Garden Clubs, addressed the City Council regarding an upcoming project in the Capaha Rose Garden, known as the Walk of Honor. Ms. Blanchard recognized Mrs. Tracy, a community representative on the Board, and Parks Division Manager Mr. Brock Davis, and she presented a handout of the history of the Rose Garden to the Council. COMMUNICATIONS/REPORTS Mayor Rediger said that he will attend a ribbon cutting for the next phase of the Bloomfield Road Project tomorrow afternoon at the Stonebridge entrance at 1:30 p.m. He will also be participating in the Walking School Bus programto Alma Schrader Elementary Schoolon Wednesday morning. Mr. Voss thanked all the residents of the Big Bend Road area that were affected by the recent road project. In honor of all the residents affected, and to commemorate the completion of this major road construction project, hecut the ribbon again to celebrate the reopening of Big Bend Road. Ms. Tracy said that the Downtown Council of Churches will be sponsoring a prayer walk-on Good Friday, April 6, and she encouraged anyone who wants to participate to gather at the gazebo at the Common Pleas Courthouse. If it is raining, the prayer event will be held at the old St. Vincent's Church. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 192012 II -34 Mr. Lanzotti commended Cape Air for its service in Cape Girardeau and for its contribution to the community. He said that he has talked with many people traveling with Cape Air, and all of them spoke highly of Cape Air's service. City Manager Scott Meyer recognized Public Information Manager Nicolette Brennan, who was chosen as one of the "2012 Who's Who" by Southeast Missourian Business Todau Fire Department Chief Rick Ennis said that last Tuesday, the City participated in the state-wide tornado drill. The City activated all internal and external notification systems, including the notification of all City departments and employees through paging, phones, and email. The City's four outdoor warning sirens were activated and worked fine. The outdoor warning sirens are tested on the first Wednesday of every month. Chief Ennis said that the warning sirens are only one phase of a three-phase system: the NOAA weather radio, local media, and outdoor sirens. In 2000, it was determined that it would take 18 sirens to saturate the City with outdoor sirens, and the cost was unaffordable. Each outdoor siren costs over $20,000 installed. The four sirens the City has are mechanical and each cover about a 1.5 mile radius. Southeast Missouri State University has electronic sirens with voice messaging. In 2004, the Adopt -a -Siren program was started to get public and private partnerships to install sirens in outdoor venues where people don't have access to weather radios or media reports. There is a siren at the Semo fair grounds from the Semo District Fair Committee, one at Shawnee Sports Complex from Bo Shantz Insurance and the Soccer Association, a siren at Kiwanis Park from the Kiwanis Club, and a siren at County Park North from the Conservation Department and the County. Chief Ennis said that the City is always looking for donations for warning sirens. Mrs. Swan stated she was contacted by Dan Drury regarding weather sirens. He noted the large concentration of people doing business throughout the day around Route K and William Street with the mall, Doctors Park, hotels, and retail centers, etc. Mrs. Swan commented that the City needs to determine a way to fund the outdoor warning sirens and include the cost in the Capital Improvement Program. Mr. Meyer emphasized that the warning sirens are designed to be heard outdoors only. They are not meant to be heard inside a home or building. PRESENTATION Mr. Dru Reeves, of the Deer Management Committee, addressed the City Council to present the Committee's report. He introduced other members of committee present at the Council meeting. Mr. Reeves reviewed the City Manager's charge to the committee, and the committee's background, and he reviewed the research completed by the committee. The Deer Management Committee held a public forum to receive resident input and heard from representatives from the Department of Conservation and the City's Nuisance Abatement Office. He said that the City does not have a count of the deer in the City. Mr. Reeves reviewed how the City could conduct a deer count survey utilizing the Department of Conservation's statistical program. He reviewed statistics of police enforcement calls involving deer in the City, and he reviewed how the Department of Conservation could assist the City in managing the deer population. The Committee reviewed Ordinances of other Cities relating to managed deer hunts. Urban bow hunting programs are allowed in 12 counties in the State of Missouri. Based on this investigation, Mr. Reeves said that the Deer Management Committee recommends: • The Council implement a "no feed" wildlife ordinancg • The City place additional signage in areas with known high densities of deer Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 19,201 II -35 The City create a wildlife advisory board to possibly handle complaints from citizens that weren't able to be handled by the police department and The Council institute an urban deer bow hunting season in accordance with current Missouri Department of Conservation(MDC) rules and regulations. If the City Council desires to have a deer count, the MDC could assist, utilizing City staff, and it could be completed around November. The MDC did not take a stance on whether a count is needed in the City, but Mr. Russell Duckworth from MDC did say that Cape Girardeau had a deer problem within the City limits. Mr. Jim Whitnel, a member of the Deer Management Committee, addressed the Council and said that he voted against the recommendation to permit urban bow hunting in Cape Girardeau. The Committee met with a Nuisance Abatement Officer, a Missouri Department of Conservation officer, conducted a public forum, and were provided with information from the City. The Committee was provided Ordinances from cities that permit urban hunting, information on firearms, and statistical information from the Police Department Mr. Whitnel said that he feels the Committee has failed, in that it did not add much to what was provided by the City.. The Committee did receive public feedback. He questioned the information provided by the Department of Conservation on the deer population. Mr. Whitnel agreed that the City should have a "no feed" Ordinance, though he said he is not sure how easy it would be to enforce. The City could post signs at known deer crossings, but he said he was not sure that people will pay attention to signs. He did not agree with starting a hunt under the rules ofDepartment of Conservation Mr. Whitnel asked the Council to consider the public input, the information the City has not received, and the pictures thatthey have seen. If it is worth doing, it is worth doing rightthe first time. Mrs. Judy Graetz, another member of the Deer Management Committee, addressed the Council, and she said that she was in agreement with the comments made by Mr. Reeves. She said that she has lived on Sylvan Lane since 1998, and she gave a history of the deer problems at her property and things she has done to deter them. The Department of Conservation recommends allowing archery hunting during the regular season, with a City license. Mrs. Graetz noted that hunters would only use the property of consenting land owners or City property, and the meat harvested could be donated to local food banks or the Missouri Share the Harvest Program. An urban deer hunt. is the least expensive solution to the City, and the Council's decision should be based on the facts and the quality of life of the citizens. Mrs. Graetz said that she supported regulated doe hunting within the City, starting in November. Mr. Voss noted that two additional members started with the Deer Management Committee and resigned their membership and he commended them for their service as well. Ms. Schneider stated she has been listening to both sides of this issue and has done her own research. A term she finds offensive is the term "urban deer hunting," because what the City is looking at is wildlife control. On the issue of Lyme disease, while there is no Lyme disease in this area, a doctor has found a new stream of disease called the "'Masters Disease," which is a form of Lyme disease that is prevalent in this area. Mrs. Schneider said that she has four friends that have had lifelong symptoms from undiagnosed Lyme disease. She said that she hopes a study of the deer population will inform the public of the prevalence of this disease in this area. Mr. Gaylon Smith, 663 Sylvan Lane, addressed the Council and expressed his appreciation to the Deer Management Committed whether or not he agreed with them. He said he is concerned with the overall long-term health of the deer population, and he recommended that the City do something now beforethe problem becomes even more serious. Proceedings of the City Council, City of Cape Girardeau, Mo. RPaular Session March 19, 2012 I1-36 E909420JB Mrs. Judy Pulley, 2206 Lakewood, a member of the Friends of Wildlife Committee, addressed the Council. She presented a list of things that the City doesn't know, including the number of deer in the City limits, the number of animal complaints in the City relating to animals other than deer, the number of deer -related landscape complaints made prior to the urban deer hunt issue being brought up, what percentage of accidents in the City involve deer compared to vehicle -to -vehicle accidents, the actual number of deer incidents in the City, and what parts of town are more prone to incidents with deer. She questioned how many deer complaints the Council received prior to the push for an urban hunt, whether any deer crossing signs have been put in place to warn residents, why other informed animal groups such as the Humane Society where not included in the discussions on this issue, and whether a property owner or hunter would be responsible if someone is injured in an urban hunt. No attempt has been made to educate residents on how they are attracting deer by feeding them or with their landscape plantings. The Council should have accurate information beforethey make a decision. Mrs. Vivian Selby, 1508 Briarcliff; appeared in opposition to urban deer hunting. With zoning regulations, there are few safe hunting zones within the City limits, and the Missouri Department of Transportation does not allow hunting near State routes. She urged the Council to only allow hunting on properties greater than five acres and only with consent from adjoining property owners. The City also should not allow hunting on City property or parks, and it should require hunters to have liability insurance. Mr. Keith Lear, 1833 Old Sprigg, addressed the Council in opposition to urban deer hunting. He has lived in his home for 12-13 years and has deer on his propertyall the time. The City should do a deer population survey, establish a base linenumber, and then determine if there is an increase or decrease in the deer population. Mr. Lear asked the Council to slow down, gather the facts, figure out what needs to be done, and then move forward. He would be willing to helpthe City offset the cost for a survey through fundraisers, and he would be willing to be on the next committee to determine who does the deer population survey. Mr. John Gregory, 1536 Bend Road, addressed the Council and said that he was opposed to deer hunting in the City. He urged the Council to complete a deer population count. Mrs. Betsy Dinkins, 2001 Lee Drive, addressed the Council in opposition to urban deer hunting without first using less drastic measures. She suggested more street lights and lowering speed limits on City streets where there is a known deer problem. She urged the Council to use discretion in making adecision on this matter. Ms. Bonnie Coy, 1410 Stoddard Street, addressed the Council and said that the bulk of Cape Girardeau citizens have no desire to attend these meeting and express their opinions on urban deer management It is critical that the Council consider the needs of the many rather than a few property owners. She has been in horticulture for over 25 years and has dealt with pest issues in several states. Landscapes are the only investments that a homeowner can complete that will return more than 100% of their initial investment. There are no "deer proof' plants, because they will eat them all. Ms. Coy asked the Council to please eliminate these pests or allow property owners to do it. She urged the Council to support wildlife control and to amend the fencing regulations to allow taller fences to keep deerout of properties. Mr. James Pulley, 2206 Lakewood, addressed the Council and said that he has lived at his residence for four years and spent several hundred dollars on landscaping, and he has not had an issue with deer. He suggested that feeding the deer at the outer City limits might prevent them Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 19, 2012 II -37 II from coming into town. He asked the Council to review the Nuisance Abatement report and II determine if the City has a problem or not. Mrs. Jenny Stigers, 1343 Oakenwald, addressed the Council and said that she hoped the Council will take an evidence -based approach to this decision. If the City had the deer population numbers, then everyone would be comfortable with formulating a plan. She said that the City should get the deer population numbers, then utilize a method to address the issue according to industry standards. Mrs. Stigers suggested that the Council be open and transparent by including citizens on both sides of the issue in the counting process, so everyone can becomfortable withthe count's conclusions. She also supported the idea of a wildlife advisory committee and would like to see community education dealing with humai4wildlife interaction in order to look for solutions. Mayor Rediger suggested to the Council that City staff be charged with the task of organizing and locating one area in the City for a test of an urban hunt through the Missouri Conservation Department this season. He said that he would like to have City staff initiate a discussion of adeer population count this fall. Also, he said that he would like to have a recommendation from City. staff on non -feeding Ordinances and on proposed deer crossing signs, so that the Council can take action on all of these issues Mrs. Swan proposed the following: 1) Do not test urban hunting until after a population survey has been conducted; 2) Approve a no -feed Ordinance first, then deer crossing signage in appropriate areas, with reduced speed limits; 3) Install street lights in certain areas to scare the deer away; 4) Explore "deer fencing" Ordinances; 5) Conduct a deer population survey, and 6) Test to see if the survey shows an over -population of deer. Mrs. Swan said her concern is to proceed cautiously Mrs. Schneider said that it is important to get a deer population count to know the extent of the problem and to know whether or not we are successful with any type of program. The City should conduct a count first, even if there is no opportunity to thin the herd this year. The Council has to make the right decision, and she is not sure bow hunting in City limits is the right decision. Mr. Lanzotti stated that the Council should take a well -tempered approach. He doesn't know why the recommendation of the Department of Conservation is being discarded. It is important to be measured, but it is also important to follow the lead and suggestions of the Conservation Department. The City of Columbia, Missouri, has already had a set urban hunting program since 1999. Mr. Lanzotti pushed for a recommendation from Department of Conservation as to their thoughts on Cape Girardeau's deer population and what they can offer to assist in the City's handling of the issue Mrs. Tracy said that the top priority communicated by the Deer Management Committee is the no - feed Ordinance. A temporary wildlife advisory committee could be assembled for the sake of public education. She agreed with Mrs. Swan's assertion that deer crossing signage should be installed in certain areas, and she believes Cape Girardeau has an over -abundance of deer. Mrs. Tracy agreed that the City should work with the Missouri Department of Conservation to conduct a deer population count. An urban hunt should be reserved for the last resort if the population numbers prove to be unaffected by the no feed Ordinance and the signage, and special fencing Ordinances, if necessary. Mr. Voss thanked everyone involved in this process, and he remarked that Cape Girardeau is not the first city to address this issue. There are areas everyone agrees on today, such as implementing a no -feed Ordinance soon. The City staff should take a look on a map where deer incidents have occurred. Homeowners should be given tools to protect their property. Throughout this issue, he Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 19 2012 IL3.8_ has only advocated for bow hunting. He expressed concern that we have been negligent on the issue of vehicle accidents. He has heard multiple stories where people have died because of a vehicle accidents where they struck a deer, compared to a single story involving a stray arrow. Mr. Voss suggested that the Council could approve a parallel path, and do the deer population count and the urban deer hunt at the same time. They could put procedures and plans in place to act on the information once the deer count is done. The Council could enable City staff to move forward with a plan to establish an urban hunting licensing/permitting process, find out which property owners will allow deer hunting on their land, and get the deer population count this fall. This may not allow for a hunt throughout the fall season,but it could still enable a hunt in November. Following discussion by the Council, City Manager Scott Meyer said that City staff will draft a no- feed Ordinance for consideration at an upcoming Council meeting, will determine locations where there has been a greater frequency of deer accidents for the possibility of posting deer crossing signage, and will explore fencing Ordinances and any required special use permits for these fences. In addition, staff will put together how to conduct the deer population survey and a timetable for the survey, including how it lines up with bow hunting season. He will then present a deer management program to the Council and options for their review in draft form at an upcoming study session The deer management programwill take the longestto complete. CONSENT AGENDA A motion was made by Mrs. Swan, seconded by Mrs. Schneider to approve the following items on the Consent Agenda: City Council March 5, 2012, regular and closed sessions minutes BILL NO. 12-26, AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU. Second and third readings BILL NO. 12-29, A RESOLUTION APPROVING A BOND COMPLIANCE POLICY AND PROCEDURE FOR THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and passage. BILL NO. 12-28, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SERVICES WITH CAPE GIRARDEAU AREA MAGNET. Reading and passage. BILL NO. 12-27, A RESOLUTION ACKNOWLEDGING RECEIPT OF NUMEROUS ANNEXATION PETITIONS AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATIONS. Reading and passage. BILL NO. 12-30, A RESOLUTION ADOPTING THE FISCAL 2012-2017 CAPITAL IMPROVEMENTS PROGRAM. Reading and passage. A motion approving the preliminary plat for Williamsburg Phase I. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy, and Voss. Nays, none. Mr. Lanzotti abstained from voting on the Williamsburg Phase I preliminary plat for financial reasons because he is involved in litigation with one of the W Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 19, 2012 II -39 applicants. BILL NO. 12-26 is ORDINANCE NO. 4304; BILL NO. 12-29 is RESOLUTION NO. 2680; BILL NO. 12-28 is RESOLUTION NO. 2681; BILL NO. 12-27 is RESOLUTION NO. 2682; and BILL NO. 12-30 is RESOLUTION NO. 2683. OTHER BUSINESS Mrs. Schneider made a motion, seconded by Ms. Proffer, to file the recommendation of the Planning and Zoning Commission to deny the request of H & S Investments, LLC, to rezone the vacant lot on Lexington, adjacent to 2017 Perryville Road, from R-1, single family suburban residential, to C-1, general commercial, and to grant a special use permit to construct and operate a vehicle washing business on the same property. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy, and Voss. Nays, none. The Mayor noted that the applicant has ten days torequest a public hearing Mrs. Schneider made a motion, seconded by Mr. Voss, to file the recommendation of the Planning and Zoning Commission to deny the request of H & S Investments, LLC, to rezone property at 2021 Perryville Road from R-4, medium density multifamily residential, to NC, neighborhood commercial. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy, and Voss. Nays, none. There being no further business, the City Council adjourned upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy, and Voss. Nays, none. ITarry E. Redigef, Mayor &10 AdtA.0,4 Gayle Conrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session THIS PAGE INTENTIONALLY LEFT BLANK.