HomeMy WebLinkAboutCouncil.Minutes.02-02-2004.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
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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
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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
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Regular Session February 2, 2004 325
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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.
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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
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Regular Session February 2, 2004 327
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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
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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.
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Regular Session February 2, 2004 329
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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
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