HomeMy WebLinkAboutCouncil.Minutes.09-02-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session September 2, 2003 201-
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REGULAR SESSION — SEPTEMBER 2, 2003
The Cape Girardeau City Council convened in regular session on Monday, September 2, 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. Barry Pfanstiel of 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
property acquisition and confidential communications with the City Attorney pursuant to RSMo.
Section 610.021(1) and (2), upon Mr. White's motion, Mr. Hopkins' second, and the following
vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
The minutes of the August 14, 2003, closed session and August 18, 2003, regular and closed
sessions were approved upon Ms. Ritter's motion, Ms. Boardman's second, and the following
vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
The agenda was adopted as distributed upon Mr. White's motion, Mr. Purcell's second, and the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
Mayor Knudtson read a proclamation declaring September 2, 2003, as the first day of the I Love
Cape Campaign sponsored by the Community Services and Enrichment Committee of Vision
2020. Melvin Gateley introduced the members of the I Love Cape .Sub -Committee, and Doug
Austin thanked the many volunteers who have assisted in this effort.
Mr. Herbst announced that the Parks and Recreation Department hosted the first National Knights
of Columbus Softball Tournament at the Shawnee Sports Complex this past weekend. Parks and
Recreation Director Dan Muser reported that 43 teams were in the tournament, and in spite of the
rainy weather, the tournament was completed on Sunday. Mr. Herbst commended the Parks crews
for their extra effort in accommodating the tournament with the bad weather conditions.
Mayor Knudtson reported on the following:
1. Regarding the starling bird issue, the City was close to reaching an agreement with the USDA
for a new program to combat this problem; however, the funding was not available at this time.
The City will be working to complete research and data collection that will be needed for the
program next year.
2. On September 5 and 6, there will be a hazardous material exercise at the dry dock. Interim Fire
Chief Mark Hasheider explained that the exercise will emulate a terrorist attack with a radio active
"dirty bomb". All agencies from the Federal to the local level will be participating.
3. On Wednesday, the City Council will tour several major projects in the city beginning at 9:00
a.m. at City Hall
4. Members of the Council attended a Pre -Bridge Opening Ceremony at the Convention and
Visitors Bureau. The Missouri Department of Transportation announced that the proposed
opening date for the Bill Emerson Memorial Bridge is December 13, 2003.
5. The Mt. Auburn/Independence signalized intersection has been completed; however, there are
still some problems with the traffic flow in the Mt. Auburn southbound lanes. Interim City
Manager Doug Leslie explained that transition area for the traffic lanes on the west side is too
short to allow a more gradual transition. This transition lane will be extended 100' to the north
and will take approximately one week to complete.
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Regular Session September 2, 2003 202
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Dr. Loretta Prater, a representative oLeader�ip Cape Team, gave a presentation regar ing the
Transportation Initiative for Riverfront Enhancement (T.I.R.E.), including the Borrow -A -Bike
Program, that their team developed in conjunction with the Chamber of Commerce Leadership
Cape Program. This is a program that would allow free use of bikes by visitors to travel
throughout the downtown area. The team requested the Council endorse the idea of this program,
cooperate with local businesses to place bike racks on city -owned property, amend city ordinances
to allow the Police Department to donate recovered bikes to the program, and establish a Rails to
Trails bike path through the Old Houck Railroad right-of-way from the River Campus to City Hall
through the assistance of TEA -21 Funds. Following discussion, Mayor Knutson requested the
Leadership Cape Team present a written report to the Council clearly outlining their requests and
the ordinance changes that would be required.
Mr. Leslie reported that Police Chief Steve Strong has been selected the 2003 Outstanding
Missouri Police Chief of the Year by the Missouri Police Chiefs Association. He will be
recognized September 23 in Jefferson City at their annual state convention.
This being the date set for a public hearing regarding the request of SBA Properties, Inc. to
transfer a special use permit for an existing cellular communications tower located on Lot 3 of
Silver Springs First Subdivision in a C-2 commercial zone, the hearing was opened. There being
no appearances, the hearing was closed.
BILL NO. 03-156 was given first readings as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DSW DEVELOPMENT
CORPORATION AND AAT COMMUNICATIONS CORPORATION FOR THE PURPOSE OF
MAINTAINING AND OPERATING A 195 FOOT CELLULAR COMMUNICATION TOWER
AND EQUIPMENT PAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU
The first reading of BILL NO. 03-156 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.
Mr. Thomas Scruggs appeared in support of his request for a liquor license at 502 Broadway. Mr.
White made a motion, seconded by Mr. Hopkins, to conditionally approve a retail liquor by the
drink and Sunday sales license for Thomas C. Scruggs, III, d/b/a Big's Blues on Broadway, 502
Broadway, Thomas C. Scruggs, III, Managing Officer. The motion was approved upon the
following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
Following discussion, Mayor Knudtson explained that there are several conditions that must be
met before this liquor license is actually issued, and he requested city staff contact Mr. Scruggs
regarding these issues.
Ms. Melanie Arnold appeared regarding previous discussions by the City Council regarding to the
pit bull breed of dogs in the city. She expressed concerns that banning a breed of dog punishes the
owners who follow the rules. She presented to the Council copies of a report on breed specific
legislation in reducing or eliminating dog attacks on humans and other dogs, and an article relating
to a community approach to dog bite prevention.
Mayor Knudtson explained that at the last City Council meeting Ms. Lambert appeared with
concerns regarding pit bull dogs. The Council did not move to ban this breed of dogs. It is simply
reviewing information available relating to all dog cases within the city.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session Sentemher 2, 2003 203
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Ms. Nita Nocera appeared stating that she is a breeder of pit bulls and does not want this breed of
dogs banned in the city. She discussed changes she felt were needed in city ordinances to address
dangerous dogs as well as vicious dogs.
Ms. Linda Bollinger appeared before the Council and explained how her two dogs had been
attacked and one killed by a pit bull dog. She requested the City Council enforce all ordinances
relating to dogs, and that police reports be written on every dog complaint that is made to the
Police Department.
Ms. Marilyn Olson Nevell, a dog obedience instructor, appeared and proposed that when dog cases
arose in municipal court against dog owners, individuals be required to attend canine obedience
classes as part of their probation to learn how to properly care for their animals. She stated she
would be willing to work on any committees that may be established by the city to work on this
issue.
Mr. David Roth, President of the Humane Society, appeared and stated he is opposed to chaining
up dogs for behavioral reasons, and due to the fact that is it is inhumane to the animal. He
suggested that through the city's dog licensing procedures, the city encourage all dog owners to
spay or neuter their pet. If a dog owner appears in court relating to a dog case, as part of the
sentencing, the owner should be required to spay or neuter their dog.
Mr. Don Howard appeared and stated there is a dog problem in this city, especially with pit bulls.
He stated the city simply needs to enforce its dog ordinances.
Ms. Scarlett Seabaugh appeared and stating a breed of dogs is not the answer to the problem. The
City needs to simply enforce its present dog ordinances. The problem is with the dog owners and
not the dogs.
The City Council reviewed with Police Chief Steve Strong a report he prepared regarding Police
reports that have been written over the past two years relating to animal bits, including dogs.
Chief Strong stated he will look into the issue of preparing a written report on all complaints that
are made to the department. Following discussion, Mayor Knudtson requested that city staff
review city ordinances relating to animals, meet with the interested parties, and determine whether
or not changes need to be made to enhance the ordinances.
The following bills were given second and third readings:
BILL NO. 03-138 AN ORDINANCE APPROVING THE RECORD PLAT OF KINDER
LYNWOOD TOWNHOUSES NO. 1
BILL NO. 03-142 AN ORDINANCE APPROVING THE RECORD PLAT OF KINDER
LYNWOOD TOWNHOUSE NUMBER 2
BILL NO. 03-140 AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260
OF THE CITY CODE BY ESTABLISHING HANDICAP PARKING IN
THE 700 BLOCK OF JEFFERSON AVENUE, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
Proceedings of the City Council, City of Cape Girardeau,
Regular Session September 2, 2003
700111195
II BILLND—.03-141
BILL NO. 03-143
BILL NO. 03-144
BILL NO. 03-145
BILL NO. 03-146
Mo.
204
AN ORDINANCE AUTHaI�TZMING— THE ACQUISITION OF
PROPERTY FOR THE PEDESTRIAN BRIDGE OVER MISSOURI
ROUTE 74 AT ELLIS STREET IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
AN ORDINANCE APPROVING THE RECORD PLAT OF ROCK
CREEK MEADOWS SUBDIVISION
AN ORDINANCE APPROVING THE RECORD PLAT OF R & M
SECOND SUBDIVISION
AN ORDINANCE APPROVING THE RECORD PLAT OF A
RESUBDIVISION OF LOTS 3 & 4 IN MT. AUBURN SUBDIVISION
#3
AN ORDINANCE APPROVING THE RECORD PLAT OF MRW
RETAIL SHOPPING CENTER LOTS 1 & 2
BILL NO. 03-148 AN ORDINANCE AMENDING SCHEDULE E OF SECTION 26-283
OF THE CITY CODE, BY REPEALING THE FOUR-WAY STOP
SIGNS AT MT. AUBURN ROAD AND INDEPENDENCE STREET
AND AMENDING SCHEDULE H OF SECTION 26-126 OF THE
CITY CODE, BY PLACING ELECTRIC TRAFFIC CONTROL
SIGNALS AT MT. AUBURN ROAD AND INDEPENDENCE
STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 03-149 AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121
OF THE CITY CODE, BY PLACING YIELD SIGNS AT THE
INTERSECTION OF MT. AUBURN ROAD AND INDEPENDENCE
STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 03-150 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247
OF THE CITY CODE BY ESTABLISHING NO PARKING ON ALTA
VISTA AND AMENDING SCHEDULE P OF SECTION 26-248 OF
THE CITY CODE, BY REPEALING CERTAIN LIMITED PARKING
ON ALTA VISTA AND ESTABLISHING NEW LIMITED PARKING
ON ALTA VISTA, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The second and third readings of BILL Nos. 03-138, 03-142, 03-140, 03-141, 03-143, 03-144,
03-145, 03-146, 03-148, 03-149 and 03-150 were approved and the ordinances 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. 03-138 is ORDINANCE NO. 3209;
BILL NO. 03-142 is ORDINANCE NO. 3210; BILL NO. 03-140 is ORDINANCE NO. 3211;
BILL NO. 03-141 is ORDINANCE NO. 3212; BILL NO. 03-143 is ORDINANCE NO. 3213;
BILL NO. 03-144 is ORDINANCE NO. 3214; BILL NO. 03-145 is ORDINANCE NO. 3215;
BILL NO. 03-146 is ORDINANCE NO. 3216; BILL NO. 03-148 is ORDINANCE NO. 3217;
BILL NO. 03-149 is ORDINANCE NO. 3218; BILL NO. 03-150 is ORDINANCE NO. 3219.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Repular Session September 2, 2003 205
T00111195
BILL NO. 03-151 was given first reading as follows:
ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, PERMANENT UTILITY
EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS
PROPERTY OWNERS FOR THE IMPROVEMENT OF SILVERS SPRINGS ROAD
BETWEEN MISSOURI ROUTE 74 AND MT. AUBURN ROAD
The first reading of BILL NO. 03-151 was approved upon Mr. Hopkins' motion, Mr. Herbst's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
BELL NO. 03-154 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 16 OF THE CITY CODE RELATING TO THE
RESIDENCY OF THE MUNICIPAL JUDGE
The first reading of BILL NO. 03-154 was approved upon Herbst's motion, Mr. Hopkins' second,
and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White.
Nays, none.
BILL NO. 03-155 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE,
BY REPEALING CERTAIN NO PARKING ON NEW MADRID STREET AND
ESTABLISHING NEW NO PARKING ON NEW MADRID STREET, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BILL NO. 03-155 was approved upon Mr. Herbst's motion, Ms. Boardman's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
BILL NO. 03-157 was given first reading as follows:
AN ORDINANCE ENACTING A NEW SECTION 26-49 OF THE CITY CODE RELATING
TO SPECIAL ASSESSMENT PROJECTS
The first reading of BILL NO. 03-157 was approved upon Ms. Ritter's motion, Ms. Boardman's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
BILL NO. 03-158 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE RELATING TO
ALCOHOLIC BEVERAGES AND HOURS OF SALE
The first reading of BILL NO. 03-158 was approved upon Mr. Herb's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
Proceedings of
Regular
the City Council, City of Cape Girardeau,
Session September 2, 2003
700111195
—� BILL NO. 03-152 was presented as follows:
Mo.
206
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF
LIEN FOR THE FEDERAL HOME LOAN BANK PROGRAM
The reading of BILL NO. 03-152 was approved and the resolution adopted upon Ms. Boardman's
motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins,
Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-152 is RESOLUTION NO. 1914.
BILL NO. 03-153 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF
LIEN FOR THE COMMUNITY BLOCK PROGRAM
The reading of BILL NO. 03-153 was approved and the resolution adopted 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. 03-153 is RESOLUTION NO. 1915.
The street, sanitary sewer, storm and water improvements completed as shown on the approved
plans for Rock Creek Meadows Subdivision, Sewer District 14-1-F-7, were accepted into the city's
system upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman,
Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
There being no further business, the meeting adjourned upon Mr. Hopkins' motion, Mr. Purcell's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
lI-
Jay B udtson, Mayor
Al A�� 1�� ,
Gayle L. Ponrad, City Clerk