Loading...
HomeMy WebLinkAboutCouncil.Minutes.07-05-2006.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 5, 2006 FF-107 cnnp.nmmnw REGULAR SESSION—JULY 5,2006 The Cape Girardeau City Council convened in regular session on Wednesday, July 5, 2005, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Matthew Hopkins, Marcia Ritter,Loretta Schneider, Debra Tracy and John Voss present. Rev. Bob Towner of the Christ Episcopal 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 property acquisition, litigation, confidential communications and personnel with the City Attorney, pursuant to RSMo. Sections 610.021(1), (2) and (3) upon Mr. Voss' motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. The minutes of the June 19, 2006, regular and closed sessions were approved upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. The agenda was adopted upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes,Herbst, Hopkins, Knudtson,Ritter, Schneider,Tracy and Voss. Nays,none. COUNCIL COMMUNICATIONS Mrs. Schneider asked if the complaints on fireworks were better or worse than last year. Fire Chief Rick Ennis stated that the complaints were about the same as last year and gave a report on fireworks issues. Police Chief Carl Kinnison also reported on Police Department activities relating to fireworks. Mrs. Tracy stated she was pleased with all the Bicentennial Events occurring in the City. Mr. Herbst stated he has received complaints on the sign ordinance and questions as to why the city was not doing anything about political signs. Mr. Leslie explained that political signs were not addressed in the new sign ordinance due to restrictions imposed by the court system on regulating these types of signs. City Attorney Eric Cunningham continued with an explanation of court rulings setting forth constitutional protections relating to political signs. Regarding garage sale signs, Mayor Knudtson explained that these signs can be put on a person's own property but cannot be placed in the right-of-way. The City Code never allowed the placement of garage sale signs on right-of-way, and Council has now chosen to enforce this more strictly. A brochure is being prepared by staff outlining the new regulations of the sign ordinance. Mr. Leslie continued that staff is still working on public education, and there is a press release going out on Tuesday. No one has been citied for violations of the ordinances, and officers are simply trying to educate the citizens. CITY MANAGER COMMUNICATIONS Airport Manager Bruce Loy gave a presentation on the activities of the Cape Regional Air Festival to be held the weekend of July 7-8. Mr. Leslie stated that July 6 is Parks and Recreation Kids Day at the Osage Center. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 5, 2006 - 08 EUUbOU10/UW PUBLIC HEARING This being the date set for a public hearing regarding the request of Southeast Missouri Stone Company for a Special Use Permit for a petroleum products terminal in the 2500 block of South Sprigg Street, located in an M-2, Heavy Industrial 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 entitled "Special Use Regulations" from the City Code; (2) the application for special use permit; and (3) the application file. Mr. Mark Lester appeared representing Semo Stone to answer any questions. There being no further appearances, this hearing was closed. BILL NO. 06-140 was given the first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SOUTHEAST MISSOURI STONE COMPANY FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A PETROLEUM PRODUCTS TERMINAL IN THE 2500 BLOCK OF SOUTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI Mr. Herbst made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 06-140. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. APPEARANCES Mr. Frank Spielberg gave a presentation on the Transit Needs Assessment Study completed for Cape Girardeau County. He reviewed transit options available and the advantages and disadvantages of the alternatives, organizational options and public comments. He also reviewed the recommendations of the study, including consolidation of all transit operations under the Cape Girardeau County Transit Authority; a fixed route bus system; a 1/4 cent county-wide sales tax to fund the program; and the new Cape Girardeau County Transit Authority offices and vehicle storage facility. He also reviewed the proposed initial bus route and a possible future two route bus system, and the operating costs and funding sources. Mr. Jeff Brune, Executive Director of the Cape Girardeau County Transit Authority, reviewed the Transit Authority's budget and sources of funding. The rapid transit vehicle services started on July 1, and the demand was overwhelming. The fixed route bus service starts July 10. BILL NO. 06-141 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CAPE GIRARDEAU COUNTY TRANSIT AUTHORITY FOR PUBLIC TRANSPORTATION SERVICES Mrs. Schneider made a motion, seconded by Mrs. Tracy to approve the first reading of BILL NO. 06-141. Mayor Knudtson stated this is a 12 month contract and will be evaluated annually. Ms. Ritter questioned the City's representation on the Cape Girardeau County Transit Authority Board with the amount of citizen participation at 70% from the City of Cape. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. BILL NO. 06-134 was presented as follows: • Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 4, 21106 FF-109 cnnsnn+n nw A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, EXPRESSING AND CONFIRMING SUPPORT FOR THE CAPE GIRARDEAU COUNTY TRANSIT AUTHORITY'S NEW FIXED ROUTE BUS SYSTEM AND RAPID TRANSIT VEHICLES PROGRAM The reading of BILL NO. 06-134 was approved and the resolution adopted upon Mrs. Tracy's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-134 is RESOLUTION NO. 2192. County Commissioner Jay Purcell explained that under the contract with the Transit Authority, two of the five positions on the board will be citizens from Cape City. Many entities are vested in this program, and all board members will be appointed by the County Commission. Mayor Knudtson questioned whether there should be a city staff person to serve in an ex-officio position on the board to bring information back to the Council to keep them informed. Mr. Purcell stated that Mr. Brune is able to handle all information between the entities, and an ex-officio position is not needed to do that. Ms. Ritter requested that an annual report be given to the Council and the Council be kept informed on all activities of the board. Mr. Purcell gave a presentation on the County Sales Tax Proposal on the August 8th election ballot, with Commissioners Gerald Jones and Larry Bock and Cape County Sheriff John Jordan also present. The proposal includes rolling back personal property and real estate taxes. The roads and bridge tax will be replaced with a one-half cent sales tax. Sheriff Jordan reviewed the needs of the Sheriffs Department that would be addressed if this proposal is approved by the voters. Commissioner Jones reviewed joint projects between the city and county that have benefited all communities in Cape County. There is a need to improve the county roads and the Cape County Sheriff's Department. He asked for Cape's help in approving Proposition One. _ Mr. Michael Maguire appeared on behalf of Basil Harrison in opposition to an ordinance amending Section 17-157 of the Code of Ordinances regarding prohibited acts and noise. He requested that the council deny or table the ordinance. A resident complained about noise relating to an off-road track on Mr. Harrison's property, and the neighborhood should have contacted him and told him there was a problem. Mr. Harrison has conducted this operation for many years prior to the neighbors moving in. Most people come to his property on the weekends and Sunday afternoons, and enforcement of this ordinance would be a burden on the police. Mr. Basil Harrison of 1530 Oak Lei appeared in opposition to the ordinance. He has attempted to limit the number of people who ride on his property and has asked the riders to quiet their machines or not ride there at all. Ms. Nancy Strause of 54 Lapis Lane appeared in opposition to the ordinance. She lives on 2.5 acres in the city limits, and under this ordinance, she would not be able to ride her four-wheeler on her own property. Mr. Jack Hurt appeared in opposition to the ordinance and questioned whether the Council has used a decibel meter to measure the noise. Mr. Robert Ford, Owner of World of Honda-Yamaha, appeared in opposition to the ordinance and said it would be a detriment to his business. • Mr. Bud McMillan appeared in opposition to the ordinance and stated this issue should be resolved at a neighborhood level. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 5, 2006 FF 110 E00600107DW Mr. Chris Hutson of 1014 N. Henderson appeared in opposition to the ordinance. He has a track in his own yard, and he has never received any complaints. Mr. Kevin Spaeth, representing Gene Rhodes, appeared in support of the ordinance. A person should be able to enjoy their own property without constantly listening to ATVs and motorcycles. Mr. Chad Volkerding appeared in opposition to this ordinance, and felt that this ordinance would take away rights of a property owner. Mr. Bob Moser appeared in opposition to the ordinance. Mr. Rick Renfrow appeared in opposition to the ordinance. Noise should be regulated based on decibel levels and not distance from a home, school or church. Mr. Daryl Morgan appeared in support of the ordinance. The noise from motorcycles and ATVs is a nuisance to the residents in the area who must listen to it. Mr. Roger Austin of 2310 Jean Ann appeared in opposition to the ordinance. BILL NO. 06-133 was given second and third readings as follows: AN ORDINANCE AMENDING SECTION 17-157 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU REGARDING PROHIBITED ACTS Ms. Ritter motion, seconded by Mrs. Schneider, to approve the second and third readings of BILL NO. 06-133 and adopt the ordinance. Following discussion by the Council, Mr. Voss made a motion, seconded by Hopkins, to amend ordinance by changing Section 17-157(a)(12) by removing the words "and within 200 yards of an occupied dwelling, church, school, office, medical facility, assembly building, recreational facility or other facility where people have gathered" and adding "so as to cause a noise disturbance." The motion to amend the ordinance was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Tracy, Schneider and Voss. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Tracy, Schneider and Voss. Nays, none. BILL NO. 06-133 is RESOLUTION NO. 3682. Mr. Mike Sheehan of 510 N. West End appeared and stated he was at the meeting two weeks ago and had a problem. Mr. Leslie and Planner Martha Brown met with him and have worked out the issues. He thanked them for their efforts. Mr. Felix Kinsley appeared and asked when the next election was. Mayor Knudtson stated it was August 8th . CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 06-130 AN ORDINANCE ACCEPTING A PERMANENT WATER WELLS EASEMENT FROM RICHARD R. GRIFFITH AND THEODORE H. HOLZUM FOR THE DRILLING OF WATER WELLS Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 5, 2006 FF-111 E00600107Dw BILL NO. 06-132 AN ORDINANCE APPROVING THE RECORD PLAT OF SHALY PLACE TOWNHOUSES BILL NO. 06-135 AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, DEBT SERVICE PAYMENTS, CAPITAL EXPENDITURES, AND TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2006, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 06-136 AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM CALIFORNIA HOMES, INC.,FOR RIGHT-OF-WAY ON A PORTION OF BENTON HILL ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 06-137 AN ORDINANCE APPROVING THE RECORD PLAT OF EMERALD FOREST SECOND SUBDIVISION Mr. Voss made a motion, seconded by Mrs. Schneider,to approve the second and third readings of BILL NOs. 06-130, 06-132, 06-135, 06-136, and 06-137 and to adopt the ordinances. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-130 is ORDINANCE NO. 3683; BILL NO. 06-132 is ORDINANCE NO. 3684; BILL NO. 06-135 is ORDINANCE NO. 3685; BILL NO. 06-136 is ORDINANCE NO. 3686;BILL NO. 06-137 is ORDINANCE NO. 3687. NEW ORDINANCES BILL NO. 06-139 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF SPANISH STREET CONDOMINIUMS PLAT NO. 2 Mrs. Schneider made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 06-139. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 06-142 was given first reading as follows: AN ORDINANCE ACCEPTING FEE SIMPLE INTERESTS, PERMANENT EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS, A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT, AND A RETAINING WALL CONSTRUCTION AND EASEMENT AGREEMENT FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF MT. AUBURN ROAD BETWEEN WILLIAM STREET AND BLOOMFIELD ROAD Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 06-142. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-144 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 5, 2006 FF 112 E00600107DW AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, BY REPEALING NO PARKING ZONES ON PORTIONS OF MORGAN OAK STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 06-144. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-145 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING STOP SIGNS ON LINDEN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 06- 145. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-146 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY ESTABLISHING STOP SIGNS ON BENTON STREET, PACIFIC STREET AND ELLIS STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mrs. Tracymade a motion, seconded byMr. Hopkins, to approve the first readingof BILL NO. P PP 06-146. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. RESOLUTIONS BILL NO. 06-138 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A HANGAR RENTAL AGREEMENT WITH DRURY SOUTHWEST, INC., FOR HANGAR RENTAL AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 06-138 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 06-138 is RESOLUTION NO. 2193. Upon questioning by Ms. Ritter, Airport Manager Bruce Loy stated more hangar space is needed at the airport, and the Airport Board has made a goal to build more. Mr. Robbie Rollins is also looking to personally build condominium hangers instead of t-hangers. BILL NO. 06-143 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE GENERAL AGREEMENT FOR ENGINEERING SERVICES WITH CRAWFORD, BUNTE AND BRAMMEIER FOR THE ARMSTRONG DRIVE PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 5,2006 FF-113 Fnnnnnt n7flw The reading of BILL NO. 06-143 was approved and the resolution adopted upon Mrs. Tracy's motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 06-143 is RESOLUTION NO. 2194. APPOINTMENT Mayor Knudtson made a motion, seconded by Mr. Hopkins, to appoint Sarah Nussbaum to the Public Library Board for a term expiring June 30, 2009. This motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. LIQUOR LICENSE Mr. Herbst made a motion, seconded by Mrs. Tracy, to approve a 5% beer by the drink liquor license for Chez Luma, LLC, d/b/a Phoenicia Restaurant, 1000 N. Sprigg, Salameh Massarweh, Managing Officer. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Tracy, Schneider and Voss. Nays,none. Mr. Herbst made a motion, second by Mr. Voss to conditionally approve a retail liquor by the drink license for Jennifer Themm, d/b/a Boondocks, 2100 Big Bend Road, Jennifer Themm, Managing Officer. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,Tracy, Schneider and Voss. Nays,none. OTHER Mr. Herbst made a motion, seconded by Mrs. Tracy, to accept the public improvements completed with the Kohl's Project and to authorize administrative close-out of the project, enabling the City Manager to execute the Certificate of Reimbursable Project Costs. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. Mr. Hopkins made a motion, seconded by Mrs. Schneider, to accept into the city's system the storm sewer and sanitary sewer improvements to serve Emerald Forest Phase II in Sewer District 16-B as shown on the approved plans contingent upon receipt of inspection fees. The motion was approved upon the following vote: Ayes,Herbst,Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. Mr. Voss made a motion, seconded by Mr. Hopkins, to decommission two Fire Department reserve trucks. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,Ritter, Schneider, Tracy and Voss. Nays,none. There being no further business, the City Council adjourned upon Mr. Hopkins' motion, Mr. Voss' second and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. Aifif 7. Jay : udtson,Mayor I',/, // v` e()) i' Gayle onrad,City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session FF-114 E00600107DW THIS PAGE INTENTIONALLY LEFT BLANK.