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HomeMy WebLinkAboutCouncil.Minutes.05-21-2012.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 21, 2012 II -71 REGULAR SESSION - MAY 21, 2012 J The Cape Girardeau City Council convened in regular session on Monday, May 21, 2012, at 7:00 W p.m., with Mayor Harry Rediger presiding and Council Members Meg Proffer, Loretta Schneider, Trent Summers, and John Voss present. Council Members Mark Lanzotti and Kathy Swan were absent. Mr. Lanzotti was present for the study and closed sessions Prior to the regular session, the City Council convened in closed session for purposes of confidential communications with legal counsel, litigation, and property acquisition, pursuant to RSMo. Sections 610.021(1), and (2), upon Mrs. Schneider's motion, Mr. Voss' second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, and Voss. Nays, none. Council Member Kathy Swan was absent. Pastor Mark Martin, of St. Andrew Lutheran Church, presented the invocation, and the Pledge of Allegiance was recited. Mr. Summers made a motion, seconded by Mrs. Schneider, to remove the motion to approve the transfer of ownership of the Special Use Permit for 755 South Kingshighway from Rhodes Development Company, LLC to SEMO Alliance for Disability Independence (SADI) Foundation, Inc. for a telecommunication tower and equipment building from the Consent Agenda, and adopt the Agenda as amended. The motion was approved and the Agenda adopted as amended upon the following vote: Ayes, Proffer, Rediger, Schneider, Summers, and Voss. Nays, none. PRESENTATIONS Ms. Muriel le Wyman, Executive Director of the Arts Council of Southeast Missouri, presented the Council with art from the 12`h Annual Children's Art Festival. The Art Festival had over 400 entries from 23 schools in 16 districts. Sixteen pieces have already been presented to State Legislators. This year, the children are lending nine art pieces to the Cape Girardeau City Council, one from each elementary school. Ms. Wyman presented "Summer's Dream" by Jillian Majors, a third grader at Blanchard Elementary School; "Theme Sound" by Elijah Wigfall, of Jefferson Elementary; "Sushi" by Winnie Pickett, a fourth grader from St. Mary Cathedral School; "Energy" by Phillip Sander, in 3`d grade at Prodigy Leadership Academy; "Eednar" by Randee Graham, a fourth grader at Clippard Elementary School; "Snowy Night" by Amber Porter, in the fourth grade at Franklin Elementary School; "Mid Morning Flight" by Elizabeth Buerck, a seventh grader at Trinity Lutheran School; "Tropical Birds" by Riley Dodd, in fifth grade at St. Vincent de Paul School; and "Dancing Girls" by Delaney Shaffer, a third grader at Alma Schrader Elementary School. Mayor Rediger congratulated the students on having their art chosen. He said that their artwork will be hung in the Council chambers for everyone to see. The Mayor presented a Public Works Week Proclamation to Public Works Director Tim Gramling and City employee representatives from all divisions of the Public Works Department, and he commended them on their service to the City. National Public Works Week is celebrated across the country the third week of May every year to call attention to the importance of public works projects, programs and services. Mayor Rediger asked the members of the public attending the City Council meeting if they had comments regarding the urban deer management presentation. Mrs. Judy Pulley, of 2206 Lakewood Drive, addressed the Council and said that when she last attended a City Council meeting, she understood that the City would conduct a deer count, would Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session may ,71,?A112 —11-72 adopt a no feed Ordinance, and would install deer crossing signs. The only thing that has been done since the Council's last discussion about deer management is the feeding ban, which was watered down before it was approved, she said. The Conservation Department said that the best time for a deer population count is in the fall, but the Council is pushing for a count in September. Part of the reason for a deer count was to see if there is a deer problem Citywide. Mrs. Pulley said that she did not understand why the Council is asking for a September date for the deer population count. She asked who would conduct the count and if they will permit ride-alongs to verify that it is a legitimate survey, since there is a push to allow hunting. She asked if there would be lighted deer crossing signs installed, as had been mentioned at pevious Council meetings. Mr. Keith Lear, of 1829 Old Sprigg Street, addressed the Council and urged them not to move forward on this issue in ignorance,being uninformed and unaware. Mr. Basil Harrison, of 1530 Oak Lei Drive, appeared and said that he owns acreage in the City limits and is concerned that he will have to post his property and spend his time and effortpolicing his property if a hunt occurs. The Council has not addressed the issue of how they will keep trespassers off private property, what will be done to prevent poachers, and what will be done with a running deer that has an arrow through it. Mr. James Pulley, of 2206 Lakewood Drive, appeared and said that after the last discussion by the Council, he was confident that the Council would use a sensible approach to conduct a deer population count and verify that there was a real problem in the City. However, he is. now concerned with the rush to conduct the count. The Council should first see if there is a real problem with the deer population throughout the City. If the feeding ban will reduce the problem and move the deer back out into the county, then they wouldn't have to worry about an urban deer hunt. Ms. Mary Frazier, of 2118 Sherwood, appeared in opposition to urban deer hunting and said that people have moved into the deer's space, and the deer are now looking for food sources lost to development. Ms. Bonnie Coy-Svenson, of 1410 Stoddard, appeared and asked the Council to change the requirements to allow taller fence heights. The maximum height in City limits is six feet, and deer can jump over a fence of that height. Mayor Rediger replied that a resident could apply for a variance from the Ordinance relating to fence height. Assistant Chief Roger Fields reviewed various issues the Council would need to consider if they choose to implement an urban deer hunt. He presented a timetable from the end of the hunting season in January of 2011 through the season which will begin in September, and end in January, 2012. The Missouri Department of Conservation said there should be significant leaf fall before the deer population count begins. This typically happens in mid-November, and the count would not be complete and tallied until mid-December. He met with the Conservation Department and they had proposed 14 square miles north of Independence to utilize for the deer population count. Assistant Chief Fields discussed the options for population control recommended by the Conservation Department, including archery hunting, sharpshooting, and trapping and euthanizing the deer. He reviewed the current permitting process for archery hunting and he reviewed information from Mr. Mark Lerum, Director of the Hunt and Euthanize Program in Helena, Montana, about their deer program. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ _ Session May 21, 2012 II -73 Upon questioning by Mr. Summers, Assistant Chief Fields explained that the archery hunting certification class is an 8 -hour course, designed for ages 15 years and older. Mr. Voss questioned what the timeline would be if the City were to complete a deer population survey before the state deer hunting season, and asked if the City could get landowner permission, hunter training, and institute an arrow tracking mechanism before the beginning of thdiunting season in September. Upon questioning by the Council members, Assistant Chief Fields said that he has seen an urban hunt instituted with as little as one -acre lots, and there have been neighborhood areas that have combined their permission to create a large acreage area. He suggested the Council require hunters to register with the City and report when they make a harvest so staff can track those numbers. City Manager Scott Meyer said that they need to know how many deer are in the City and the number taken each year to know how much hunters have thinned out the herd. The Council also must balance how much oversight to have in the program. The Department of Conservation probably cannot spend a lot of time in the City and a lot of the oversight will be on the City's shoulders to monitor and insure that the public abides by the rules. The more restrictions the Council imposes, the more City staff will have to monitor the hunt. Mrs. Schneider said that she supported trapping and euthanizing the deer, though trapping would entail some expense. She felt trapping is more humane. If the City were trapping the deer, staff could set quotas, they would know how many deer have been killed, and residents would know the meat is being donated. The traps are set at night, and in the beginning, they could be set on City property on in designated areas only. Mrs. Schneider said that she feels the City needs to conduct a deer count. Mr. Voss requested that City staff move forward in preparing for an urban deer hunt beginning September 15, 2012. He said that the evidence that he has heard suggests that the City can do a hunt responsibly and that there is a deer problem in the community. There are enough cities that have urban deer hunting programs that staff can use their information effectively and at a minimum cost tothe City. Mr. Voss said that in his opinion a responsible program would require written permission from the landowner, and the hunter should be on an elevated stand. All arrows should be marked and the hunter should have to carry liability insurance. A minimum acreage size should be required in order to hunt on the property. Hunters should be licensed in the City of Cape Girardeau with some monetary requirements for licensing and they must be Missouri bow certified and go through an education course with the Ordinances specified by the City. Hunters should have to earn a buck and harvest a doe first, though it should be at the hunter's discretion to donate the meat, not mandated. There should be an annual review process for citizens to weigh in about the effectiveness of the urban deer hunting program. He said that residents need to contact the police to report trespassing. Landowner permission for hunting should not be granted for more than a single season to any one hunter. The albino deer should bz excluded from the hunt. Mr. Voss said that there might be other details he has not mentioned, but he has thought the issue through and has received lots of contact from citizens. The residents of Cape Girardeau are prepared for the Council to move forward with this issue. Mr. Voss said that he felt a count was not needed to implement the hunting program this fall, but the City does need to conduct a deer population count. The Council has been discussing implementing an urban deer hunt since before the deer hunting season last year, and if the City waits to conduct a deer population count, the Council will have waited two seasons to do anything. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May?1, 7017 11-74 Mayor Rediger directed staff to work on a program with a September start date and do a deer population count later in the season. He said he supported Councilman Voss' recommendations. Mr. Summers had some concerns and asked if the hunt should be limited to the northeast quadrant of the City. The Mayor answered that he thought so, but would leave it to City gaff to recommend the hunt boundaries. Mr. Voss said that the hunt areas depend on the permission of property owners; if no owners participate, then that dictates the hunt in that area. Mr. Meyer said that a managed hunt might be an option in certain areas. He asked if the Council would like to consider a managed hunt. Mr. Meyer said that he would prepare information on a managed hunt and a good area to do it in the City. Mr. Summers noted that Councilman Lanzotti had suggested a managed hunt with the City regulating the number of hunters and the location of the hunt, with City management, instead of the Department of Conservation. Mr. Meyer said that City staff could develop a summary of the discussion tonight and submit it to the Council. The Council could then use that summary as the outline for the processto discuss and develop an Ordinance for the following meeting. COMMUNICATIONS/REPORTS The Mayor said that he, Mr. Voss, Mr. Lanzotti, and Mr. Meyer attended the grand opening of Menards Home Center. He also attended a Broadway merchant meeting led by City Engineer Casey Brunke last Wednesday. Mrs. Schneider said that the Council handbook is a good addition for the new Council members. The handbook is a model for other Missouri charter cities. She thanked Assistant City Manager Heather Brooks for her work on the Council handbook. Mrs. Schneider said she welcomed golfers to a seniors golf tournament at the Jaycee Municipal Golf Course last week. Parks and Recreation Director Julia Thompson said that this tournament rotates around the region and Cape Girardeau was selected this year. This was the biggest golf tournament the City has ever hosted. Ms. Proffer said that the Cape Splash Family Aquatic Center will open for the season on Saturday morning, May 26. Family passes are available at the Osage Centre and at the A.C. Brase Arena building. Mr. Gramling reported that the Department of Natural Resources has recommended that the City advertise for the construction of the new Wastewater Treatment Plant. Bid opening will be July 3, 2012, with a pre-bid meeting on Tuesday, June 12, 2012. He said that construction should begin around the end of August. PUBLIC HEARINGS This being the date set for a public hearing to consider vacating the City's interest in a portion of alley right-of-way west of 611 Broadway, from Broadway south for a distance of 112 feet, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing to consider vacating the City's interest in unimproved street rights-of-way and alley rights-of-way, within the Village of Girardeau plat located generally east of Sprigg Street, south of Giboney Lane, and north of LaCruz Street, the hearing was opened. There being no appearances,the hearing was closed. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular_. _ _ Session May 21, 2012 II -75 BILL NO. 12-48 was given first reading as follows: 0 UJ AN ORDINANCE VACATING THE CITY'S INTEREST IN A PORTION OF UNIMPROVED STREET RIGHTS-OF-WAY, WITHIN THE VILLAGE OF GIRARDEAU PLAT LOCATED GENERALLY EAST OF SPRIGG STREET, SOUTH OF GIBONEY LANE, AND NORTH OF LACRUZ STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 12-48 was approved upon Mrs. Schneider's motion, Mr. Voss' second, and the following vote: Ayes, Proffer, Rediger, Schneider, Summers, and Voss. Nays, none. APPEARANCES Mr. Don Howard, of 1100 Ranney Avenue, appeared before the Council regarding the sewerage system revenue bonds for the purpose of extending and improving the City's sewerage system. He asked if the revenue bonds will lower residents' sewer rates. People cannot afford to pay their water and sewer bill and are having their utilities shut off. He asked when City residents can expect a lower sewer rate. Mayor Rediger answered that this is the first issue of bonds. The City has received a favorable interest rate and that is going to help, but they will not know what the cost will be until they receive the bids. City staff is hopeful that there could be a rate decrease but will not know until bids are received on the project. Mr. Meyer said that the voters approved a measure to allow the City to apply for these government subsidized bonds which are the lowest cost bonds. The goal is to live within the rate increase that was previously approved CONSENT AGENDA A motion was made by Mrs. Schneider, seconded by Ms. Proffer, to approve the following items on the Consent Agenda: City Council May 7, 2012, regular and closed sessions minutes BILL NO. 12-39, AN ORDINANCE APPROPRIATING MONIES FOR OPERATING EXPENDITURES AND CAPITAL EXPENDITURES FROM THE CONVENTION AND TOURISM FUND FOR THE FISCAL YEAR ENDING JUNE 30, 2012, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. 12-41 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF DRISKELL PROPERTIES, LLC; DALHOUSIE, LLC; DALHOUSIE HOMEOWNERS ASSOCIATION, INC.; DRURY SOUTHWEST SIGNS, INC.; DANA AND JOHN BAKER; CHRISTOPHER H. AND MYRA S. JUNG; STEVEN C. SEABAUGH; JOHN P. ZIMMER, TRUSTEE OF THE JOHN P. ZIMMER TRUST AGREEMENT; BRS, LLC; SAFETY-KLEEN SYSTEMS, INC.; AND MEYR PROPERTIES, L.P. Second and third readings. BILL NO. 12-42, AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ZONING VARIOUS PROPERTIES, LOCATED IN THE CITY AND. COUNTY OF CAPE GIRARDEAU, MISSOURI, AS M-1, LIGHT MANUFACTURING DISTRICT; R-1, Proceedings of the City Council, City of Cape Girardeau, Mo. RPunlar Session May 21, 2012 11-76 SINGLE FAMILY SUBURBAN RESIDENTIAL DISTRICT; C-2, HIGHWAY COMMERCIAL DISTRICT; AND RE, RURAL ESTATE SINGLE FAMILY DISTRICT, RESPECTIVELY. Second and third readings. BILL NO. 12-43, AN ORDINANCE EXTENDING THE BOUNDARIES OF WARD 4 AND WARD 6 TO INCLUDE PROPERTIES NEWLY ANNEXED INTO THE CITY LIMITS OF THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. 12-44, AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, BY ESTABLISHING HANDICAPPED PARKING ALONG A PORTION OF PARK AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. 12-45, AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF THE CITY CODE, BY ESTABLISHING LIMITED PARKING ALONG A PORTION OF PARK AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. 12-47, A RESOLUTION ACKNOWLEDGING RECEIPT OF ANNEXATION PETITIONS FROM ERVIN L. AND ELIZABETH JESSUP; AND WILLIAM D. AND SHARON L. VIED, AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATIONS. Reading and passage. BILL NO. 12-50, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH TWIN CEDARS TREE SERVICE & LOGGING FOR THE STRUCTURE LOCATED AT 1200 NORTH MAIN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and passage. BILL NO. I2-52, A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI DEPARTMENT OF CONSERVATION UNDER THE TREE RESOURCE IMPROVEMENT AND MAINTENANCE COST -SHARE PROGRAM (T.R.I.M.), AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY COST - SHARE PROGRAM DOCUMENTS. Reading and passage. The motion was approved upon the following vote: Ayes, Proffer, Rediger, Schneider, Summers, and Voss. Nays, none. BILL NO. 12-39 is ORDINANCE NO. 4312; BILL NO. 12-41 is ORDINANCE NO. 4313; BILL NO. 12-42 is ORDINANCE NO. 4314; BILL NO. 12-43 is ORDINANCE NO. 4315; BILL NO. 12-44 is ORDINANCE NO. 4316; BILL NO. 12-45 is ORDINANCE NO. 4317; BILL NO. 12-47 is RESOLUTION NO. 2687; BILL NO. 12-50 is RESOLUTION NO. 2688; and BILL NO. 12-52 is RESOLUTION NO. 2689. ITEMS REMOVED FROM CONSENT AGENDA Mr. Voss made a motion, seconded by Mr. Summers, to refer the request to approve the transfer of ownership of the Special Use Permit for 755 South Kingshighway from Rhodes Development Company, LLC to SEMO Alliance for Disability Independence (SADI) Foundation, Inc. for a telecommunication tower and equipment building back to the Planning and Zoning Commission for review and recommendaticn to the Council regarding the language in the zoning Ordinance for the removal of cell towers. The motion was approved upon the following vote: Ayes, Proffer, Rediger, Schneider, Summers, and Voss. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 21, 2012 II -77 NEW ORDINANCES BILL NO. 12-46 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $31,000,000 PRINCIPAL AMOUNT OF SEWERAGE SYSTEM REVENUE BONDS (STATE OF MISSOURI - DIRECT LOAN PROGRAM) SERIES 2012 OF THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR THE PURPOSE OF EXTENDING AND IMPROVING THE CITY'S SEWERAGE SYSTEM; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND THE AGREEMENTS MADE BY THE CITY TO FACILITATE AND PROTECT THEIR PAYMENT, AND PRESCRIBING OTHER RELATED MATTERS The first reading of BILL NO. 12-46 was approved upon Mr. Voss' motion, Mr. Summers' second, and the following vote: Ayes, Proffer, Rediger, Schneider, Summers, and Voss. Nays, none. BILL NO. 12-49 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF VILLAS AT CAPE ROCK 4 The first reading of BILL NO. 12-49 was approved upon Mrs. Schneider's motion, Ms. Proffer's second, and the following vote: Ayes, Proffer, Rediger, Schneider, Summers, and Voss. Nays, none. BILL NO. 12-51 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING STOP SIGNS ON KELL FARM DRIVE AT RICHMOND DRIVE, AND BY ESTABLISHING STOP SIGNS ON RICHMOND DRIVE AT KELL FARM DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 12-51 was approved upon Ms. Proffer's motion, Mrs. Schneider's second, and the following vote: Ayes, Proffer, Rediger, Schneider, Summers, and Voss. Nays, none. Mayor Rediger said that he brought this before the Council on behalf of a citizen. A traffic study was conducted and it found that the signs needed to be changed. There being no further business, the City Council adjourned upon Mr. Voss' motion, Ms. Proffer's second, and the following vote: Ayes, Proffer, Rediger, Schneider, Summers, and Voss. Nays, none. rry E. RedlgelelMayor Gayle 10Conrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session THIS PAGE INTENTIONALLY LEFT BLANK. --HH--78