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HomeMy WebLinkAboutCouncil.Minutes.02-02-2004.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 2, 2004 323 T00111195 REGULAR SESSION — FEBRUARY 2, 2004 The Cape Girardeau City Council convened in regular session on Monday, February 2, 2004, 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. Mr. Hugh White presented the invocation, and the Pledge of Allegiance was recited. Prior to the regular session, the Council convened in closed session for purposes of discussing confidential communications with the City Attorney and property acquisition, pursuant to RSMo. Sections 610.021(1) and (2), upon Mr. White's motion, Ms Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The minutes of the January 20, 2004, regular and closed sessions were approved upon Mr. White's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The agenda was adopted as distributed upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Hopkins complimented the Public Works Director and staff on the job they did cleaning the streets during the recent snow event. Mayor Knudtson stated that the City Manager Doug Leslie distributed a memo on proposed changes to the operating budget for next year. Both of them met with employees of the Police and Fire Departments last week to listen to their concerns. The Mayor proposed that a special meeting be set to review the information in the memo. Following discussion, a study session was scheduled for Thursday, February 5, at 5:30 p.m. Mr. Leslie explained that the purpose of the information was to give a range of options for the Council to consider. He met with each department head regarding their budget, and many of the issues listed are department concepts. This information has been reviewed with supervisors and managers only and not with all the employees. Mr. Leslie reported on the following: 1. Richard Ennis of Sandusky, Ohio, has accepted the Fire Chief position. He will begin his employment on March 8. 2. The TIF Commission has scheduled a meeting for Thursday, February 5, at 7:00 p.m. at the Osage Community Centre. They will continue discussions regarding the adoption of policies and guidelines for future TIF proposals. 3. The City Council retreat is scheduled for Friday, March 26, at the Osage Community Centre. At the request of the Mayor, Warren Ray of Boy Scout Troop 4 came forward and announced that this troop was attending the Council meeting to assist in earning two badges: a Merit Badge and a Citizenship in the Community and Communications Badge. This being the date set for a public hearing regarding the request of Southeast Missouri Hospital to rezone 413 and 415 Louisiana Street, from an R-3, two family residential dwelling district, to an R-4, multi -family dwelling district, the hearing was opened. Mr. Dan Berry, attorney for the hospital, appeared and reviewed the purpose for this rezoning. The hospital will be expanding the Proceedings of the City Council, City of Cape Girardeau, Regular Session February 2, 2004 Mo. 324 parking lot for the emergency 3epartment adjacent to the present lot and will constrd—d-a 'privacy fence along the lot. Mr. Mike Ballou appeared and stated he owns a home adjacent to the property. He stated he had not objection to the rezoning. However, he is concerned with changes to the nuisance abatement ordinance. He said that the person making a complaint does not have to disclose his or her name. Mr. Ballou stated he has several dogs, and it is possible that the hospital parking lot may disturb his animals and cause them to bark. This in turn may cause complaints from his neighbors. If his dogs are disturbed by this development, he does not want to be held liable for complaints made against him. There being no further appearances, the hearing was closed. BILL NO. 04-33 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 413 LOUISIANA AND 415 LOUISIANA, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-3 TO R-4 Mr. Herbst made a motion, seconded by Ms. Ritter, to approve the first reading of BILL NO. 04- 33. Mr. Purcell questioned if a residence has dogs and there is a change in use to an adjacent property, what is done with complaints of dogs barking that is due to the change in use. Police Chief Steve Strong stated that if a signed complaint is received for a peace disturbance, this is a violation of city ordinance and is investigated that way. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. This being the date set for a public hearing regarding the request of Southeast Missouri Hospital for a special use permit to place a temporary modular office building at 2126 Independence Street in a M-1, light industrial zone for the Healthpoint Plaza Building, the hearing was opened. The City Planner's council letter in the agenda packet presented for the record certified copies of the following items: (1) the application for special use permit; (2) Section 30-39 of the City Code entitled "special use regulations"; and (3) the application file. Mr. Dan Berry appeared on behalf of the hospital to answer any questions. There being no further appearances, the hearing was closed. BILL NO. 04-35 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SOUTHEAST MISSOURI HOSPITAL ASSOCIATION FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A TEMPORARY OFFICE IN A MODULAR BUILDING AT 2126 INDEPENDENCE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-35 was approved upon Mr. Herbst's motion, Mr. Berry's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Chuck Stucker, Manager of the Humane Society, appeared regarding BILL NO. 04-17 relating to animals and fowl. He requested the ordinance be tabled until the Humane Society can more closely review the proposed changes and discuss them with city staff. The Board of the Humane Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 2, 2004 325 T00111195 Society has concerns with removing the requirement to have animals spayed or neutered. He reviewed statistics on the numbers of animals housed and euthanized over the past year. Ms. Rika Salter, member of the Board of the Humane Society, also appeared in opposition to the changes to the animal ordinance. She stated that many issues could be addressed in the City's licensing process. She felt the city and the society could work together to develop a workable ordinance for both entities. Ms. Jenny Stigers appeared in opposition to limiting the number of animals that can be kept in a home and stated she felt the fines were too stiff for violation of the ordinance. Ms. Lisa Foster appeared in opposition to the changes in the animal ordinance. She said the City's licensing process could identify and deal with problems relating to identifying whether animals are spayed or neutered. Mr. Rick Hetzel appeared and questioned what the primary complaints are regarding animals and whether attaching a limit to the number of animals allowed in a home would address these complaints. He and his wife foster animals from the Humane Society, and this proposed ordinance would prohibit them from doing this. Ms. Joan Jones appeared and stated this ordinance punishes people who want to foster animals. Mayor Knudtson stated that members of the Nuisance Abatement Team spent much time on developing this ordinance and had received feedback from many people during the process. Ms. Ritter commented that on non -time sensitive issues, a public hearing should be conducted to receive input, and then wait one or two meetings before an ordinance is considered. Mr. Purcell stated that one purpose of the ordinance was to make it simple for the officers in the field to enforce the ordinance. Ms. Kimberly Necus appeared and questioned where the animal license fees and fines for violation of animal ordinances are applied in the city budget. She felt these should be applied back to the animal control unit. In addition, more than one person needs to be allocated to the animal control unit. Police Chief Steve Strong responded that approximately $30,000 is paid annually to the Humane Society to house animals from the city, and the city presently has two nuisance abatement officers and one position vacant. BILL NO. 04-17 was given second and third readings as follows: AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY CODE RELATING TO ANIMALS AND FOWL Mr. Hopkins' made a motion, seconded by Mr. Purcell, to approve the second and third readings of BILL NO. 04-17 and adopt the ordinance. Ms. Ritter made a motion, seconded by Mr. Purcell to table approval of this ordinance. Mr. Herbst suggested City staff work with the people involved, including the Humane Society, develop a workable ordinance, and then report back to the Council with a recommendation. The motion to table was approved upon 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 February 2, 2004 326 700111195 Ms. Cheryl Mothes appeared regarding proposed changes tote fireworksordinance and stated she appreciated the Council's efforts to limit fireworks. She would like to move the time limit to a point where they are not allowed at all. She stated that she lives on Woodbine, and there are people living near her that block the street with fireworks displays. She asked whether there is anything she can do to utilize the existing laws to prevent this. Mayor Knudtson responded she simply needs to contact the Police Department when this occurs. Mr. Chris Wheeler appeared representing Patriot Fireworks and appreciated the City Council's diligence in their approach to finding a happy medium regarding the regulation of fireworks. He stated he did not feel that enough people have expressed their opinion in this type of forum, and he offered to help the city on this issue in any capacity he could. Ms. Sandy McLane Donley appeared and stated that the Council could put a stop to many destructive things in the city, such as alcohol; however, this would violate the rights of many citizens. Before the Council totally bans fireworks, it should consider that everything we do in life can be dangerous. If fireworks are banned, citizens will simply go elsewhere to buy their fireworks. Mr. Don Howard appeared and questioned how much sales tax the city receives from fireworks. He suggested that fireworks sale and discharge be limited to July 1-4. It is a privilege to get to shoot them, and it is a privilege that is abused. Mr. Patrick Buck, operator of the Taste Lounge, appeared and stated that after talking to people in the area, he has decided not to reopen the establishment. Chief Strong and the Police Department were honest and fair with him. He and the neighbors both had a right to be in that area. There is a need for after-hours clubs in Cape. The Council needs to take into consideration whether there was a problem at the establishment, or whether the neighbors simply did not want him there. Mayor Knudtson responded he respected Mr. Buck for making this decision. The following bills were given second and third readings: BILL NO. 04-14 AN ORDINANCE AMENDING SECTION 7-311(g) OF THE CITY CODE RELATING TO BUILDINGS BILL NO. 04-15 AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE RELATING TO NUISANCES BILL NO. 04-16 AN ORDINANCE AMENDING CHAPTER 22 OF THE CITY CODE RELATING TO WEEDS BILL NO. 04-18 AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE BY ESTABLISHING HANDICAP PARKING ON A PORTION OF SOUTH PACIFIC STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-19 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE ARENA CREEK/RANCHITO STORMWATER IMPROVEMENT PROJECT Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 2, 2004 327 700111195 BILL NO. 04-20 AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, REPEALING CERTAIN SPEED LIMITS ON NEW ROUTE 74 AND MORGAN OAK STREET AND ESTABLISHING NEW SPEED LIMITS ON NEW ROUTE 74, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-21 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE BY ESTABLISHING NO PARKING ALONG PORTIONS OF BELLEVUE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-22 AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE, BY PLACING A YIELD SIGN ON OLD SILVER SPRINGS ROAD AT SILVER SPRINGS ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-23 AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR MAKING CERTAIN SEWER IMPROVEMENTS ALONG KINGSWAY DRIVE, SEWER DISTRICT NO. 14-1-G-1, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR BILL NO. 04-26 AN ORDINANCE AMENDING ORDINANCE NO. 1402 IN CONNECTION WITH CERTAIN OUTSTANDING BONDS OF THE CITY AND PRESCRIBING RELATED MATTERS BILL NO. 04-27 AN ORDINANCE AMENDING ORDINANCE NO. 2813 IN CONNECTION WITH CERTAIN OUTSTANDING BONDS OF THE CITY AND PRESCRIBING RELATED MATTERS Mr. Herbst made a motion, seconded by Ms. Ritter, to approve the second and third readings of BILL NOs. 04-14, 04-15, 04-16, 04-18, 04-19, 04-20, 04-21, 04-22, 04-23, 04-26 and 04-27 and adopt the ordinances. BILL NO. 04-14 is ORDINANCE NO. 3275; BILL NO. 04-15 is ORDINANCE NO. 3276; BILL NO. 04-16 is ORDINANCE NO. 3277; BILL NO. 04-18 is ORDINANCE NO. 3278; BILL NO. 04-19 is ORDINANCE NO. 3279; BILL NO. 04-20 is ORDINANCE NO. 3280; BILL NO. 04-21 is ORDINANCE NO. 3281; BILL NO. 04-22 is ORDINANCE NO. 3282; BILL NO. 04-23 is ORDINANCE NO. 3283; BILL NO. 04-26 is ORDINANCE NO. 3284; BILL NO. 04-27 is ORDINANCE NO. 3285. BILL NO. 04-28 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE RELATING TO FIREWORKS Mr. Purcell made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 04-28. Upon questioning by the Council, City Attorney Eric Cunningham explained that this ordinance restricts only aerial devices that have a stick; items with propellers or fins are still allowed. Ms. Ritter questioned whether even if items with a stick are banned, there will still be dangers of burning from misdirected fireworks. Following further discussion, Ms. Ritter made an amending motion to ban all aerial devices. The motion died for lack of a second. The original Proceedings of the City Council, Regular Session _ 700111195 motion was approved upon the following vote Purcell, White. Nays, Ritter. BILL NO. 04-29 was given first reading as follows: City of Cape Girardeau, Mo. February 2, 2004 328 ayes, oar man, er st, Hopkins, Knudtson, AN ORDINANCE APPROVING THE RECORD PLAT OF MCLANE OUTLOT NO. 1 SUBDIVISION The first reading of BILL NO. 04-29 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-32 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 13-M, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 13, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-32 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-34 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE RELATING TO SALES OF ALCOHOLIC BEVERAGES NEAR SCHOOLS AND CHURCHES The first reading of BILL NO. 04-34 was approved upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-30 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH SANDY McLANE DONLEY, AND ALLIANCE BANK, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 04-30 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-30 is RESOLUTION NO. 1938. BILL NO. 04-31 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LAPPE CEMENT FINISHING, INC., FOR INDEPENDENCE STREET RECONSTRUCTION FROM PACIFIC STREET TO SPRIGG STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 04-31 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. 04-31 is RESOLUTION NO. 1939. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 2, 2004 329 700111195 Mr. Ronald Kirby was appointed to the Public Library Board for a term expiring June 30, 2004, upon Mayor Knudtson's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. A temporary liquor license for Larry Essner, d/b/a Community Counseling Center Foundation, for an event to be held April 16, 2004, at Deerfield Lodge, was approved upon Ms. Boardman's motion, Mr. Purcell's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The extension of the water distribution system to serve Lots 8 and 9 of Hunze Subdivision was accepted into the city's system upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The Earleen Drive stormwater improvements were accepted and final payment to Fronabarger Concreters, Inc. was authorized upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The improvement plans for a sanitary sewer to serve Lot 1 of McLane Outlot No. 1, Sewer District 12 -N -1-A, were approved upon Mr. Herbst's motion, Ms. Ritter'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. Hopkin's motion, Ms. Boardman's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Gayle L. Conrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. T00111195 Session 330 THIS PAGE INTENTIONALLY LEFT BLANK.