HomeMy WebLinkAboutCouncil.Minutes.08-21-2006.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session August 21,2006 FF-139
REGULAR SESSION—AUGUST 21, 2006
The Cape Girardeau City Council convened in regular session on Monday, August 21, 2006, 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. Mark Martin of St. Andrew Lutheran Church presented the invocation, and the Pledge of
Allegiance was led by Steven McCrate of Boy Scout Troop 16.
Prior to the regular session, the City Council convened in closed session for purposes of discussing
property acquisition, litigation, confidential communications with the City Attorney, and personnel
pursuant to RSMo. Sections 610.021(1), (2) and (3) upon Mr. Herbst's motion, Mrs. Tracy's
second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and
Voss. Nays,none.
The minutes of the August 7, 2006, regular and closed sessions were approved upon Ms. Ritter's
motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays,none.
The agenda was adopted, with the removal of agenda item number 26, upon Ms. Schneider's
motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays, none. Mayor Knudtson explained that on item number 26, the
applicant submitted a written request that the rezoning request be withdrawn..
COUNCIL COMMUNICATIONS
Mr. Voss commended the Police, Fire and Public Works staff for their quick response to the
damages from the recent storms.
CITY MANAGER COMMUNICATIONS
City Manager Doug Leslie reviewed the flooding situation which occurred in the southwest
quadrant of the city the previous week. There is a stormwater master plan in place, and staff will
be reviewing this plan in light of the recent flooding events.
Fire Chief Rick Ennis reported on the Police and Fire Department response to the storm damage
that occurred on Saturday afternoon and evening in the northeast part of the city. Level 1 of the
EOC was activated, and staff from the Red Cross and Salvation Army responded to provide
assistance to those affected. Public Works Director Tim Gramling continued that Public Works
staff also responded to assist with cleanup. The water plant was without power but was able to
operate on generator power. Storm cleanup will take approximately two weeks.
Missouri State Representative Nathan Cooper presented an update from the previous two
legislative sessions and reported on upcoming issues. He presented a written summary of the 200
bills that were passed by the legislators.
Mr. Mitch Robinson, Executive Director of the Cape Girardeau Area MAGNET Association
presented the annual report of the association. He discussed the history of the organization,how it
was formed,and current activities.
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PUBLIC HEARING
This being the date set for a public hearing to consider vacating the city's interest in a 16' wide
alley in Grandview Subdivision between Madison and Perryville Road with replacement/
establishment of a 16' wide utility easement, the hearing was opened. There being no
appearances,this hearing was closed.
BILL NO. 06-185 was given the first reading as follows:
AN ORDINANCE VACATING AN ALLEY LOCATED IN GRANDVIEW SUBDIVISION
RUNNING BETWEEN MADISON AND PERRYVILLE ROAD, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
Ms. Ritter made a motion, seconded by Mrs. Schneider , to approve the first reading of BILL NO.
06-185. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider, Tracy and Voss. Nays,none.
APPEARANCES
Chief Ennis introduced members of the Open Burning Task Force present at the meeting. He
reported on the purpose of this Task Force, the issues they reviewed relating to open burning, and
their recommendations for changes in city ordinances relating to burning. The group identified
four major areas of concern: (1) fire safety — the likelihood of open burning fires getting out of
control; (2) health safety — the impact of open burning on community health; (3) citizen
convenience — the rights and abilities citizens have to maintain their property; and (4) legal issues
— the bounds in which we can affect the above issues. The Task Force reached a consensus
recommendation to change the ordinance to create no burn days as determined by the Fire
Marshall based on atmospheric conditions and to change no burn times to 9:00 a.m. to 5:00 p.m.
daily. In addition, the Task Force formed a sub-group to develop an education plan to inform the
public regarding the open burning regulations, the hazards of burning, proper methods to burn,
and alternatives to burning.
Following discussion, Mr. Ritter made a motion, seconded by Mr. Hopkins, to act on the proposed
ordinance relating to open burning as presented by staff. The motion was approved upon the
following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy, and Voss. Nays,
none.
BILL NO. 06-186 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 3-10 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU REGARDING OPEN BURNING RESTRICTIONS.
The first reading of BILL NO. 06-186 was approved upon Mr. Hopkins' motion, Mrs. Schneider's
second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy, and
Voss. Nays, none.
Mr. Brian Noto, 2540 Fairlane Drive, appeared in support of agenda item 24, a liquor license for
Mollie's Café. Mr. Herbst made a motion, seconded by Mrs. Schneider, to conditionally approve
a retail liquor by the drink and Sunday sales license for BQ Partners LLC d/b/a Mollie's Café and
Bar, 11 S. Spanish Street, Brian Louis Noto, Managing Officer. The motion was approved upon
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the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy, and Voss. Nays,
none.
Mr. Neil Maguire, owner of Houseview Online, appeared regarding the City's sign ordinance. He
requested the City Council amend the ordinance to allow dot.com advertising signs at premises
that are for sale. The signs are temporary in nature and help to sell the properties more quickly.
The signs are generally taken down as soon as the property is sold.
Mr. James Coley, owner of Rose Bed Inn, appeared to thank Public Works employee Harry
Salazar and his staff for the work they did to widen and repair the alley near his business.
Mr. Felix Kinsley appeared to commend the Cape County Transit Authority for the new bus
service.
Mr. Steven McCrate, 2508 Horseshoe Ridge, appeared and thanked the Police and Fire
Department for their assistance in a recent rain storm. Abbey Road was flooded during the rains,
and these departments set up a barricade and established a detour to keep the traffic safe through
this area.
CONSENT ORDINANCES
The following bills were given second and third readings:
BILL NO. 06-167 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
BY CHANGING THE ZONING OF A PORTION OF SOUTH MOUNT
AUBURN ROAD, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI,FROM R-1 AND C-2 TO C-2
BILL NO. 06-169 AN ORDINANCE PROVIDING FOR THE LEVYING OF THE
ANNUAL CITY REVENUE TAX; LIBRARY FUND TAX; PUBLIC
HEALTH TAX; SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR
THE FISCAL YEAR ENDING ON THE 30'•"DAY OF JUNE, 2007
BILL NO. 06-162 AN ORDINANCE AUTHORIZING THE ACQUISITION OF
PROPERTY FOR THE INSTALLATION OF A SANITARY SEWER
LINE ALONG BLOOMFIELD ROAD
BILL NO. 06-163 AN ORDINANCE AUTHORIZING THE ACQUISITION OF
PROPERTY FOR THE IMPROVEMENT OF FOUNTAIN STREET
BETWEEN MORGAN OAK STREET AND WILLIAM STREET
BILL NO. 06-170 AN ORDINANCE READOPTING SECTIONS 2-76 TO 2-83 OF THE
CITY CODE RELATING TO CONFLICTS OF INTEREST
BILL NO. 06-171 AN ORDINANCE APPROPRIATING MONIES FOR OPERATING
EXPENDITURES AND CAPITAL EXPENDITURES FROM THE
CONVENTION AND TOURISM FUND FOR THE FISCAL YEAR
ENDING JUNE 30, 2007, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
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Regular Session August 21, 2006 X42
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BILL NO. 06-172 AN ORDINANCE APPROVING THE RECORD PLAT OF SPANISH
STREET CONDOMINIUMS PLAT NO. 2
BILL NO. 06-175 AN ORDINANCE ACCEPTING A GRANT OF EASEMENT FROM
DALHOUSIE, L.L.C., FOR SANITARY SEWER IMPROVEMENTS
TO SERVE THE HIGHLANDS AT DALHOUSIE PHASE III, IN THE
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 06-177 AN ORDINANCE ACCEPTING A GRANT OF EASEMENT FROM
NORTH POINTE CENTER, L.L.C., FOR THE CAPE NORTH PARK
TRAIL, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 06-166 AN ORDINANCE APPROVING THE RECORD PLAT OF ASHLAND
COURT FOURTH ADDITION
BILL NO. 06-178 AN ORDINANCE AMENDING SECTION 30-42 OF CHAPTER
30 OF THE CITY CODE RELATING TO SIGNS
Mr. Voss made a motion, seconded by Mrs. Schneider,to approve the second and third readings of
BILL NOs. 06-167, 06-169, 06-162, 06-163, 06-170, 06-171, 06-172, 06-175, 06-177, 16-166 and
06-178 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. 06-167 is
ORDINANCE NO. 3701; BILL NO. 06-169 is ORDINANCE NO. 3702; BILL NO. 06-162 is
ORDINANCE NO. 3703; BILL NO. 06-163 is ORDINANCE NO. 3704; BILL NO. 06-170 is
ORDINANCE NO. 3705; BILL NO. 06-171 is ORDINANCE NO. 3706; BILL NO. 06-172 is
ORDINANCE NO. 3707; BILL NO. 06-175 is ORDINANCE NO. 3708; BILL NO. 06-177 is
ORDINANCE NO. 3709; BILL NO. 06-166 is ORDINANCE NO. 3710; BILL NO. 06-178 is
ORDINANCE NO. 3711.
NEW ORDINANCES
BILL NO. 06-179 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 IN THE 100 BLOCK OF SPRIGG STREET, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU
Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO.
06-179. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson explained this was a request of
the Cape County Transit Authority for bus stop safety.
BILL NO. 06-180 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 IN THE 200 BLOCK OF BROADWAY, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
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Mrs. Tracy made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 06-
180. The motion was approved upon the following vote: Ayes,Herbst,Hopkins, Knudtson,Ritter,
Schneider, Tracy and Voss. Nays, none. Mayor Knudtson explained this was a request of the
First Presbyterian Church for safety reasons.
BILL NO. 06-182 was given first reading as follows:
AN ORDINANCE ACCEPTING A PERMANENT SANITARY SEWER EASEMENT AND A
PERMANENT SANITARY SEWER EASEMENT DEED FROM VARIOUS PROPERTY
OWNERS FOR THE INSTALLATION OF A SANITARY SEWER LINE ALONG
BLOOMFIELD ROAD
Mrs. Tracy made a motion, seconded by Mrs. Schneider,to approve the first reading of BILL NO.
06-182. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider,Tracy and Voss. Nays,none.
BILL NO. 06-183 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF OWENS SUBDIVISION
Mrs. Schneider made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO.
06-183. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider,Tracy and Voss. Nays,none.
BILL NO. 06-184 was given first reading as follows:
AN ORDINANCE AUTHORIZING EXECUTION OF AN AIR TRAFFIC CONTROL TOWER
OPERATING ASSISTANCE GRANT AGREEMENT BETWEEN THE MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION AND THE CITY OF CAPE
GIRARDEAU, MISSOURI FOR THE CAPE GIRARDEAU REGIONAL AIRPORT
Mrs. Schneider, made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO.
06-184. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider, Tracy and Voss. Nays, none. Mr. Leslie explained that Cape Girardeau is the
only tower in the State of Missouri that receives these funds. The rest of the towers in Missouri
are private operations.
RESOLUTIONS
BILL NO. 06-181 was presented as follows:
A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION FROM
THE CITY OF CAPE GIRARDEAU, MISSOURI, AND SETTING A PUBLIC HEARING
REGARDING THE PROPOSED ANNEXATION
The reading of BILL NO. 06-181 was approved and the resolution adopted upon Mrs. Schneider's
motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays,none. BILL NO. 06-181 is RESOLUTION NO. 2208.
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LIQUOR LICENSES
Mrs. Schneider made.a motion, seconded by Mr. Herbst, to conditionally approve a retail liquor by
the drink and Sunday sales license for GMT Enterprise LLC, d/b/a Nick's Family Sports Pub, 1
North Main Street, Rene Michelle Tomasino, Managing Officer. The motion was approved upon
the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays.
None.
OTHER
The Council discussed proposed amendments to the sign ordinance relating to garage sale signs
and residential real estate signs. Regarding garage sale signs, members discussed regulations
regarding the placement of signs on right-of-way, the address of the sale on the sign, and how long
the signs can be posted. Following discussion, the council agreed to the following relating to
garage sale signs: (1) remove the restrictions in the current ordinance on the number of signs
allowed and the size of the signs; (2) prohibit signs on all city rights-of-way and on private
property without the permission of the property owner; (3) all signs must contain the address and
date of the sale; and (4) allow signs to be posted the day before the sale, but must be taken down
by the end of the day of the sale. The Council then discussed regulations on real estate and
dot.com signs, including the number and placement of these signs. Regarding real estate signs,the
council agreed to the following (1) rescind all regulations on real estate signs, including the
number, type and size of the signs; (2) prohibit signs on all city rights-of-way and on private
property without the permission of the property owner; and (3) require that signs be removed
within 30 days of the date of closing on the property. Mr. Voss made a motion, seconded by Mr.
Hopkins, to direct staff to prepare an ordinance for the next agenda to make these changes to the
sign ordinance relating to real estate signs and garage sale signs. 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.
_die 4
Jay V. Knudtson, Mayor
j l ' a
Gayle L.4onrad, City Clerk