HomeMy WebLinkAboutCouncil.Minutes.07-05-2006.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session July 5, 2006 FF-107
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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.
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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:
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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.
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Mr. Bud McMillan appeared in opposition to the ordinance and stated this issue should be
resolved at a neighborhood level.
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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
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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
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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:
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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.
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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
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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.
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7. Jay : udtson,Mayor
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Gayle onrad,City Clerk
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