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HomeMy WebLinkAboutCouncil.Minutes.04-04-2005.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 4, 2005 1 R7 REGULAR SESSION—April 4,2005 The Cape Girardeau City Council convened in regular session on Monday, April 4, 2005, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charlie is Herbst, Matthew Hopkins and Marcia Ritter present. Rev. Barry Pfanstiel with Good Shepherd Church, 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 litigation, and confidential communications with the City Attorney, pursuant to RSMo. Section 610.021(1) upon Mr. Herbst's motion, Ms. Boardman's second and the following vote: Ayes, Boardman, Herbst,Hopkins, Knudtson and Ritter. Nays,none. The minutes of the March 21, 2005, regular and closed sessions were approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins,Knudtson and Ritter. Nays,none. The agenda was adopted upon Ms. Boardman's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman,Herbst, Hopkins, Knudtson and Ritter. Nays,none. COUNCIL COMMUNICATIONS Mayor Knudtson presented the following: 1. He presented John Wyman a plaque to express the City's appreciation for use of his building to house the Police Department South Precinct for the last six years. 2. He presented a Proclamation to Heather Fisher, Cristy Kaufman and Alisha Strap celebrating April 3-9 as the Week of the Young Child. 3. He recognized April as Fair Housing Month. Mr. Herbst thanked John Wyman for use of his building for the South Precinct and helping to clean up that area of town. In addition,he thanked Horizon Screen Printing, Bank of America, and Hutson Furniture for donations for that facility. Ms. Boardman noted the passing of E. C. Younghouse as a community servant. Ms. Boardman also thanked Water System Manager Kevin Priester and Public Works Director Tim Gramling for work on water lines in the area where she lives to increase water pressure for the residents. Mayor Knudtson thanked City Manager Doug Leslie and city staff for holding a public meeting on the new flood map revisions last week. Mr. Leslie explained that approximately 50 people attended the meeting, and citizens are asking questions about the procedure for refunds. The City received a letter from FEMA explaining the flood map determinations and the refund process, and these will be made available to the public upon request. Mr. Kent Bratton, City Planner,displayed a map prepared by GIS which outlines the new flood plain areas and shows which structures are outside the flood plain. Mr. Knudtson discussed the following: 1. He announced that the City is close to having the first outdoor siren at Arena Park. This will help give coverage the city needs during bad weather seasons. 2. He met with Senator Bond this morning regarding transportation needs in the area. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 4,2005 _188__ 3. He attended the VFW grand opening on Saturday. The Cape chapter has the largest membership in the State of Missouri. 4. An Anti-Litter Committee has been established which includes representatives from the media, Cape Girardeau County, and the Cities of Cape Girardeau, Jackson and Scott City. There were approximately 30 people in attendance at the last meeting, and an objective has been defined. The Committee has challenged staff to have the city clean by July 4, 2005, using all resources available, including neighborhood and civic groups. Ms. Ritter stated that the Zonta Club participated in a cleanup program in the Old Town Cape area last weekend. There was an extremely large amount of cigarette butts discarded on the streets. The City needs to educate everyone on what is litter and identify the people who are causing the problem. CITY MANAGER COMMUNICATIONS Mr. Leslie presented the following: 1. A preconstruction conference is scheduled for April 8`h for the Commercial Street Project. After this meeting, all affected property owners will be updated on the process. 2. The Ranchito Meadowbrook sewer project is in the final preparation stages for construction. 3. The flood plain map changes are effective as of April 4, 2005. PUBLIC HEARINGS This being the date set for a public hearing regarding the request of Robert A. Drury to rezone 2948 Bloomfield Road from R-1, single family residential district, to C-2, general commercial district, the hearing was opened. Mr. Larry Westrich appeared in support of the request and to answer any questions. There being no appearances,the hearing was closed. BILL NO. 05-70 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 2948 BLOOMFIELD ROAD, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R- 1 TO C-2 The first reading of BILL NO. 05-70 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. APPEARANCES Barry Robinson appeared on behalf of Kimberly Robinson in support of a liquor license at 46 North Main and to answer any questions. This is the old Hecht's building, and the Cup 'N Cork is scheduled to open June 1St. Mr. Herbst made a motion, seconded by Ms. Boardman, to conditionally approve a retail liquor by the drink license for Kimberly Diane Robinson, d/b/a Cup 'N Cork, 46 N. Main, Kimberly Diane Robinson, Managing Officer. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 4,2005 x.89 Dr. Jennie Stigers, 1323 Big Bend Road, appeared regarding the report of the Animal Task Force. She commended the City Council for appointing a task force to review these issues, and several of the proposed ordinance changes are positive for the City. The proposed Section 6.37 — Certain animals prohibited, is an addition to the current ordinance. A portion of her property is taxed as an agricultural use because it is greater than six acres. There are other cities in Missouri that restrict farm animals but not prohibit them within the city, including Jefferson City and Kansas City. Dr. Stigers requested the Council not prohibit farm animals as stated in Section 6.37, but simply place restrictions on certain animals. Upon questioning by Mayor Knudtson, she stated she is just presenting this concern now because she was out of town and did not study it enough before the last Animal Task Force Meeting. Mr. Mike Keefe, a member of the Animal Task Force, appeared and stated he reviewed Section 6.37 and concluded that if land already meets the agriculture use prior to the ordinance going into effect,then this use can continue until the land is sold to someone else. Ms. Requi Salter of the Humane Society reviewed issues relating to farm animals within the city and discussed the proposed limitation on the number of cats and dogs allowed. Upon questioning by the Mayor, she explained that the Human Society's return-to-owner fee is now $20. This fee will remain the same and will include the micro-chipping. If the same animal is picked up more than once and turned in to the Humane Society, the animal must be spayed or neutered before it is returned to the owner. Mr. Chris Hutson, a member of the task force, appeared and stated that the task force worked hard to reach an equitable ordinance, and the proposal is the most fair for all situations involved. Lt. Mark Majoros thanked members of the task force for helping the City to reach a compromise on these issues. Council members discussed the proposed ordinance, especially relating to the number of animals allowed at one residence. Following discussion, the Mayor requested the task force review the recommendation on the number of dogs allowed under the proposed ordinance, review the information presented by Dr. Stigers, and present to the Council an updated report at a future meeting. Mr. Art LeGrand, 1835 Hermann, stated there is an alley right-of-way beside his house that he wants vacated. He explained the history of this alley and the previous request to vacate it in 1966. However, the Council at that time did not follow through with the vacation, and the alley remains open to the public. Following discussion, Mr. Eric Cunningham, City Attorney, agreed to meet with Mr. LeGrand to discuss this matter. Mayor Knudtson recognized Adam LeGrand of Boy Scout Troop 16, who was attending the meeting to earn a merit badge. Mr. LeGrand expressed his opinions on the number of animals that should be allowed at one residence in the city. CONSENT ORDINANCES The following bills were given second and third readings. BILL NO. 05-57 AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM AMERENUE FOR THE IMPROVEMENT OF COMMERCIAL STREET Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 4,2005 190 BILL NO. 05-58 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS AND A TEMPORARY CONSTRUCTION EASEMENT FROM F VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF BROADWAY BETWEEN PERRY AVENUE AND HOUCK PLACE BILL NO. 05-43 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR IMPROVEMENTS ON MISSOURI ROUTE 61 FROM THE CAPE GIRARDEAU CITY LIMITS TO INTERSTATE 55 BILL NO. 05-66 AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE, BY PLACING A YIELD SIGN ON LEMING LANE AT ITS INTERSECTION WITH MERRIWETHER STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 05-65 AN ORDINANCE VACATING A SANITARY SEWER LINE LOCATED WITHIN AN ALLEY WHICH RUNS FROM HOUCK PLACE TO MATTESON TERRACE SUBDIVISION IN THE CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. 05-61 AN ORDINANCE APPROVING THE RECORD PLAT OF BLATTNER DRIVE FOURTH WEST MINOR SUBDIVISION BILL NO. 05-62 AN ORDINANCE ACCEPTING SANITARY SEWER, UTILITY AND ACCESS EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR SANITARY SEWERS TO SERVE WHISPERING OAKS SUBDIVISION AND THE MEADOWS OF WHISPERING OAKS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOs. 05-57, 05-58, 05-43, 05-66, 05-65, 05-61 and 05-62 were approved and the ordinances adopted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-57 is ORDINANCE NO. 3470; BILL NO. 05-58 is ORDINANCE NO. 3471; BILL NO. 05-43 is ORDINANCE NO. 3472; BILL NO. 05-66 is ORDINANCE NO. 3473; BILL NO. 05-65 is ORDINANCE NO. 3474; BILL NO. 05-61 is ORDINANCE NO. 3475; BILL NO. 05-62 is ORDINANCE NO. 3476. NEW ORDINANCES BILL NO. 05-69 was given first reading as follows: AN ORDINANCE ACCEPTING A RECEIVER'S DEED FROM HIGH RIDGE PARTNERS, INC. FOR THE PROPERTY AT 2007 SOUTHERN EXPRESSWAY IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-69 was approved upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 4,2005 191 BILL NO. 05-59 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE BY ESTABLISHING A NO PARKING ZONE ON A PORTION OF MAIN STREET, IN THE a CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 05-59 was approved upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. Upon questioning by Mayor Knudtson, Parks Director Dan Muser stated there are parking areas on both sides of the Red House that could be used for parking for special events. RESOLUTIONS BILL NO. 05-71 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH VOLLINK DEVELOPMENT, L.L.C., TO MAINTAIN CERTAIN IMPROVEMENTS ON CITY RIGHT-OF-WAY LOCATED AT 116 NORTH MAIN IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 05-71 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. BILL NO. 05-71 is RESOLUTION NO. 2054. BILL NO. 05-72 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI, DIVISION OF INSPECTION SERVICES, AND THE CITY OF JACKSON, MISSOURI, DEPARTMENT OF PLANNING AND BUILDING, REGARDING POST- DISASTER RECONSTRUCTION The reading of BILL NO. 05-72 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. BILL NO. 05-72 is RESOLUTION NO. 2055. Mr. Leslie stated both city's are currently reviewing the 2003 IBC code for adoption. This agreement also will assist with the ISO rating for both cities. BILL NO. 05-73 was presented as follows: A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI DEPARTMENT OF SOCIAL SERVICES UNDER THE EMERGENCY SHELTER GRANT PROGRAM, FOR SAFE HOUSE FOR WOMEN, INC. AND THE SALVATION ARMY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 05-73 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. BILL NO. 05-73 is RESOLUTION NO. 2056. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session April 4, 2005 192 APPOINTMENTS Mr. A.M. Spradling III and Mr. Danny Essner were appointed to the TIF Commission for terms expiring April 1, 2008, upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: Ayes,Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. LIQUOR LICENSES Mr. Herbst made a motion, seconded by Ms. Boardman, to approve a temporary 5% beer by the drink liquor license for John J. Yallaly, d/b/a America Legion Post 63 for an event to be held June 3-5, 2005, at the A.C. Brase Arena Building, John J. Yallaly, Managing Officer. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. OTHER Ms. Ritter made a motion, seconded by Mr. Hopkins, to approve the improvement plans for Cape West Business Park. The motion was approved with the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays,none. Mayor Knudtson reminded everyone to exercise their right to vote on Tuesday. There being no further business, the meeting adjourned upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson and Ritter. Nays, none. y B udtson Mayor c)(9i 6)14/6d Gayle L. onrad, City Clerk