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HomeMy WebLinkAboutCouncil.Minutes.07-07-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 791003 159 700111195 REGULAR SESSION — JULY 712003 The Cape Girardeau City Council convened in regular session on Monday, July 7, 2003, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charles Herbst, Matthew Hopkins, Jay Purcell, Marcia Ritter and Hugh White present. The Rev. Paul Kabo of the First Presbyterian 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 personnel, property acquisition and litigation pursuant to RSMo. Section 610.021(1), (2) and (3), upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Purcell made a motion, seconded by Ms. Boardman, to approve the minutes of the June 10, 2003, closed session, the June 16, 2003, regular and closed sessions and the June 25, 2003, closed sessions. Ms. Ritter corrected the minutes of the June 16 meeting by indicating her vote abstention on the Cape Rock Drive/Country Club Drive was for non-financial reasons, and not for financial reasons, as was indicated in the minutes. The minutes of the minutes were approved as corrected upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The agenda was adopted as distributed upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson apologized for his decision to change the order of the agenda and indicated he would include all the City Council in future decisions. Mr. Hopkins congratulated the Convention and Visitors Bureau on hosting the successful LST 325 World War II Memorial Ship visit in Cape Girardeau, which drew over 6,000 tourists. He commended Catherine Dunlap and Old Town Cape on the successful Libertyfest 0' of July event. In addition, he stated he completed a ride -along with a Police Officer on Saturday evening and commended the Police Department for assisting the residents with the loitering problems in the Sprigg Street and Morgan Oak area. Ms. Boardman requested an update on Phase III of the Riverfront Trail Project. Interim City Manager Doug Leslie indicated staff will look into this and report back to the Council. Mr. Herbst explained that he favored Mr. Leslie' idea of having a department head give a short report at each City Council meeting. It is important for the Council and the citizens to know what is going on in the city departments. Upon questioning by Mayor Knudtson about the moss problem in Capaha Lagoon, Doug Leslie reported that the Parks Department is working with the Department of Conservation to solve this problem. Grass carp fish have been added to the lagoon to help alleviate the build-up. The Department is hesitant to use chemicals in the water due to the effect on the fish and wildlife. Mayor Knudtson requested the City staff look into the possibility of placing restroom facilities in or near Riverfront Park for citizens to use. Mr. Leslie reported that as a new format to the City Council meetings, department heads will be giving a short report on activities within their department. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular T00111195 Session July 7, 2003 160 Airport Manager Bruce Loy reported on the activities that will take place at the Heroes and Legends Air Festival, which will take place July 11-13, 2003, at the Cape Girardeau Regional Airport. Police Captain Randy Roddy and Interim Fire Chief Mark Hasheider reported on fireworks activities that occurred from June 20 to July 4, 2003, and the weekend of July 4-6, 2003, including the number of calls for service, and the number of inspections completed on fireworks stands. Ms. Ritter commented that the public is seeing an increased number of fireworks related injuries, and she suggested that the City Council review the options for changing the City's fireworks ordinance before next year. Mr. Hopkins questioned whether it is illegal to discharge fireworks on city streets. Mayor Knudtson requested information regarding sales tax revenues for fireworks stands and the cost by city staff to inspect these stands. Interim City Manager Doug Leslie reported on numerous activities occurring in the city: 1. Bloomfield Road improvement — a meeting with residents was held on June 26, with approximately one-half of the owners attending. City Engineer Mark Lester will make a presentation to the City Council on this project at a future meeting. 2. Route K, Mt. Auburn Road, Holiday Inn intersection — a meeting was held with MoDOT, city staff and developers to review options to improve the traffic safety of this area. MoDOT is attempting to secure funding for signals and turn lanes. Options being reviewed are limiting access to property to expedite traffic and dual turn lanes from Route K onto Mt. Auburn road. 3. Transportation Trust Fund II street light program — street light upgrades were completed on West End Boulevard from Bertling to Southern Expressway, which included approximately three miles of street light improvements for an approximate cost of $28,000. Mayor Knudtson reported that staff met with MoDOT and representatives of Notre Dame High School. The city is working on alternatives to assist with traffic problems in the area. Although the City cannot install flashers for all schools, it can act as a conduit to receive grant funds for such a project. This being the date set for a public hearing regarding the request of Rhodes Real Estate Partners and P&J Marketing, LLC for a special use permit for a warehouse at 1610 N. Kingshighway in a C-1, local commercial district, which will be constructed within 15 feet of the rear property line, the hearing was opened by Mayor Pro Tempore White. 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. There being no appearances, the hearing was closed. BILL NO. 03-110 was given first reading as follows AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RHODES REAL ESTATE PARTNERS, L.P., AND P & J MARKETING, LLC, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A WAREHOUSE AT 1610 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU The first reading of BILL NO. 03-110 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Purcell, Ritter, White. Nays, none. Mayor Knudtson abstained for financial reasons. Proceedings of the City Council, City of Cape Girardeau, Mo. Revular Session Juli 7, 2003 161 T00111195 This being the date set for a public hearing regarding the request of Southeast Missouri Hospital Association to rezone the 1700 block of Broadway from C-1, local commercial district, to C-3, central business district, the hearing was opened by Mayor Pro Tempore White. Mr. Dan Berry, Director of Legal Affairs for the hospital, appeared and presented a plan for future use of this property by the hospital. A rezoning is necessary due to the height of the proposed hospital addition, which will include a four-story medical office building. There being no further appearances, the hearing was closed. BILL NO. 03-111 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 THE 1700 BLOCK OF BROADWAY, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM C-1 TO C-3 The first reading of BILL NO. 03-111 was approved upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Purcell, Ritter, White. Nays, none. Mayor Knudtson abstained for financial reasons. Mr. Purcell questioned whether concerns were expressed at the Planning and Zoning Commission that C-3 zoning would allow up to an eight -story building and whether this would be a problem. City Planner Kent Bratton responded that in the rezoning application, the hospital did not indicate a desire to build an eight -story building, and the Commission did not discuss this matter. Ms. Marsha Toll, President of the Board of Directors of Old Town Cape, appeared and thanked the City staff, including the Police, Fire, Parks and Public Works Departments and the City Manager's Office for their cooperation and work on the Libertyfest 4`h of July event. BILL NO. 03-109 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CAPE GIRARDEAU AND OLD TOWN CAPE, INC. The reading of BILL NO. 03-109 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-109 is RESOLUTION NO. 1896. Mr. James Coley, 611 South Sprigg, appeared regarding the proposed amendment to the noise ordinance including a presumption that the owner of the car is the one who violated the city ordinance. He supported the ordinance but felt the City could do more. He presented to the City Council a copy of Sikeston Ordinance No. 5548 relating to noise, and specifically referred to subsection "D" relating to a 100' distance that a noise can be heard to constitute a violation of city ordinance. Mr. John O'Malley, 537 Country Club Drive, appeared regarding the petition he presented at the previous City Council meeting, which he said was signed by over one-half of the residents who want to keep the name County Club Drive for their address instead of changing it to East Cape Rock Drive. Since that time the Inspection Services Office sent a letter surveying the property owners as to which street name they preferred. It was his understanding that one-half of the people responded, and the results were 50150 for each name. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 7, 2003 162 Ms. Sherry Price, 4U1 Ea—st—Ca-pee-Ro-ckrive, appeare and stated she has lived at this address since 1965. Country Club has always yielded to Cape Rock traffic, and she felt if the street name was changed it would cause a traffic problem. She stated that she and some of her neighbors submitted letters to the city requesting the street remain East Cape Rock Drive. Mayor Knudtson reported that city staff sent a letter to 22 property owners on this street. Seven were received favoring Country Club Drive, seven received favored East Cape Rock Drive, and one response indicated no preference. The cost to change each sign will be approximately $20.00. The Mayor requested the staff remove itself from this process, and so the staff simply recommended that all the addresses on the street be the same name. Upon questioning by Mr. Purcell, Mr. Leslie explained that the staff did not compare the responses on the petition to the responses on the city's survey. In addition, Police Captain Randy Roddy did not recommend any change in traffic patterns if the street name did change. Mayor Knudtson explained that under the present ordinance, the name is East Cape Rock Drive. If the Council wishes to change the name, this will require an ordinance. Following discussion, Mr. White made a motion, seconded by Mr. Purcell, that this street name remain as East Cape Rock Drive. The motion was approved upon the following vote: Ayes: Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter (abstain), White. Nays, none. Mr. Herbst thanked Mr. O'Malley for the time he spent on this issue. Convention and Visitors Bureau Director Chuck Martin thanked the Public Works, Police, Fire and Parks Department and the City Manager's and Mayor's office for their assistance with hosting the LST 325 Memorial Ship in Cape Girardeau on June 19-24. There were approximately 6,000 visitors on the ship. He read favorable comments that were published on the LST web site about Cape Girardeau and their visit here. The following bills were given second and third readings: BILL NO. 03-97 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS FROM MICHAEL H. BRAGG, JAMES F. CURRY AND DIANA M. CURRY FOR PROPERTY FOR THE FLOOD BUYOUT PROGRAM BILL NO. 03-98 AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, DEBT SERVICE PAYMENTS, CAPITAL EXPENDITURES AND TRANSFERS IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 03-100 AN ORDINANCE APPROVING THE RECORD PLAT OF HEATHER'S SUBDIVISION BILL NO. 03-101 AN ORDINANCE APPROVING THE RECORD PLAT OF EUGENE'S ADDITION The second and third readings of BILL Nos. 03-97, 03-98, 03-100, and 93-101 were approved and the ordinances adopted upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. White abstained for financial reasons on BILL NO. 03-101. BILL NO. 03-97 is RESOLUTION NO. 3187; BILL NO. 03-98 is RESOLUTION NO. 3188; BILL NO. 03-100 is RESOLUTION NO. 3189; BELL NO. 03-101 is RESOLUTION NO. 3190. BILL NO. 03-105 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session, 2003 163 T00111195 AN ORDINANCE AMENDING CHAPTER 16 OF THE CITY CODE RELATING TO THE MUNICIPAL COURT The first reading of BILL NO. 03-105 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-106 was given first reading as follows: AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, A QUIT CLAIM DEED, A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE WIDENING OF MT. AUBURN ROAD BETWEEN INDEPENDENCE STREET AND WILLIAM STREET AND THE CONSTRUCTION OF THE INDEPENDENCE STREET AND MT. AUBURN ROAD INTERSECTION The first reading of BILL NO. 03-106 was approved upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-108 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER CHAPTER 53 (5311) OF TITLE 49, UNITED STATES CODE The first reading of BILL NO. 03-108 was approved upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson stated that the City received a petition from Representative JoAnn Emerson that was forwarded to her by Mrs. Jean Rabe regarding a public transportation system in the city. He explained that he and Mr. Leslie met with Jeff Brune of the Cape Country Transit Authority to discuss alternatives for public transportation. Mr. Brune is putting together a feasibility study; however, funding is needed for implementation. Ms. Ritter urged this group to look at what has been done in the past regarding transportation, including reviewing the study previously completed by the United Way. Mr. Leslie continued that he attended a meeting at the United Way Office with State officials and Kelley Transportation, and they are looking how to develop a unified program for transportation and identify funding sources. Mr. Brune will be submitting a report to the city at a later date. Ms. Ritter requested city staff respond to Ms. Rabe's petition. BILL NO. 03-113 was given first, second and third readings as follows: AN ORDINANCE AMENDING CHAPTER 29 OF THE CITY CODE RELATING TO WATER RATES The first, second and third readings of BELL NO. 03-113 were approved and the ordinance adopted upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-113 is ORDINANCE NO. 3191. Mayor Knudtson explained that this ordinance is necessary due to a Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 7, 2003 164 700111195 clerical error in the previous ordinance approved. It was always the intent to increase water rates by four percent; however, the previous ordinance included only a two percent increase in the commercial meter charges. This ordinance will correct this amount to reflect a four percent total increase. BILL NO. 03-115 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ARBOR HEIGHTS FIRST ADDITION The first reading of BILL NO. 03-115 was approved upon Ms. Boardman's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, none. Mr. White abstained for financial reasons. BILL NO. 03-107 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AMENDED AIRPORT GROUND LEASE AND ASSIGNMENT AS SECURITY FOR DEBT WITH HANGAR 3, INC., AND CAPAHA BANK AT THE CAPE GIRARDEAU REGIONAL AIRPORT Mr. Purcell made a motion, seconded by Mr. Herbst, to approve the reading of BILL NO. 03-107 and adopt the resolution. Mr. Hopkins made a motion, seconded by Mr. Purcell, to amend the ground lease by extending the proposed leasehold by 15 feet on the east side and 15 feet on the west side with no additional rent, while reserving an easement for the City to provide access to the airfield and for utilities. The amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-107 is RESOLUTION NO. 1897. BILL NO. 03-114 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH DENNIS SHETLEY AND KATHY SHETLEY FOR A 14 FOOT GRAVEL DRIVEWAY ON THE JASMINE STREET RIGHT-OF- WAY IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 03-114 was approved and the resolution adopted upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes: Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-114 is RESOLUTION NO. 1898. Mr. Doug Leslie was appointed to the Show Me Center Board of Managers for a term expiring December 1, 2004, upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. George Peo was appointed to the Board of Adjustment for a term expiring September 4, 2005, upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session .Inly 7, 2nn-3 165 700111195 The stormwater improvements completed in the Willow Street area were accepted, $800.00 liquidated damages for delay in substantial completion of the project was withheld, and final payment to C & M Contractors, Inc. was authorized upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. A 12" water main, sewer lines and a lift station under the Airport Utility Contract to be constructed for the Airport Hangar/Manufacturing Facility Phase II were accepted, and final payment to Dutch Enterprises, Inc. was authorized upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The widening of New Madrid Street between Sprigg Street and Henderson Avenue as approved on the improvement plans was accepted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Regarding the proposed ordinance amending the city code to prohibit noises and create a rebuttable presumption for vehicles making prohibited noises, Mr. Herbst explained that he has received numerous calls regarding loud car stereos, and he requested Mr. Cunningham and Chief Strong put this on the agenda for discussion. Without this change in the city code, the Police Department is required to obtain the personal identification of the person driving a vehicle. This ordinance would allow the owner of the vehicle to be ticketed for the noise offense. Mr. Cunningham further explained that the owner of vehicle would be charged unless they could show proof that they were not operating the vehicle at the time and location of the offense. The City's ordinance does provide for seizure of evidence during the period of prosecution, and a summons could be issued based on a citizen complaint. However, the complaining party must be willing to testify in court on the matter. Upon questioning by the Mayor, Mr. Cunningham compared the Sikeston and Cape Girardeau noise ordinance. Following discussion, the Mayor directed city staff to place the proposed ordinance on the next City Council agenda for first reading. Mr. Purcell made a motion, seconded by Ms. Boardman to adjourn the meeting. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. &Jay4B.udtson, Mayor &0, i,,� "-C_Lla Gayle L4onrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. T00111195 Session 166 THIS PAGE INTENTIONALLY LEFT BLANK.