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HomeMy WebLinkAboutCouncil.Minutes.09-02-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 2, 2003 201- - 700111195 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. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 2, 2003 202 700111195 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 - - ---_ - - -- 700111195^ - 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