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HomeMy WebLinkAboutCouncil.Minutes.12-02-2002.RegularProceedings of the City Council, City of Cape Girardeau, Mo. 700111195 Regular Session December 2, 2002 23 REGULAR SESSION — DECEMBER 2, 2002 The Cape Girardeau City Council convened in regular session on Monday, December 2, 2002, 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 invocation was presented by Rev. Robert Kline of St. Mark's Lutheran Church, and the Pledge of Allegiance was recited. Prior to the regular session, the City Council convened in closed session for purposes of discussing legal actions, causes of legal action, litigation and privileged communications with its attorneys pursuant to Section 610.021(1) of the Revised Statutes of Missouri, upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The minutes of the November 18, 2002, regular and closed sessions were approved upon Mr. White's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The agenda was adopted as distributed upon Mr. Hopkins' motion, Ms. Boardman's second, and 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 Jacqueline R. Ahrens for a special use permit for an office at 911 North Missouri Avenue in an R-3, two family residential district, the hearing was opened. Ms. Jacqueline Ahrens appeared in support of the request and to answer any questions. There being no further appearances, the hearing was closed. BILL NO. 02-269 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JACQUELINE R. AHRENS FOR PURPOSES OF OPENING, MAINTAINING AND OPERATING AN OFFICE AT 911 NORTH MISSOURI AVENUE IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 02-269 was approved upon Mr. White's motion, Mr. Hopkins' second, and 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 P & J Marketing, L.L.C. for a special use permit for a parking lot on the southwest corner of Emerald Street and Frederick Street in an R-4, multiple family residential district, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 02-270 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO P & J MARKETING, L.L.C. FOR PURPOSES OF CONSTRUCTING AND MAINTAINING A PARKING LOT ON THE SOUTHWEST CORNER OF EMERALD STREET AND FREDERICK STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session T00111195 The first reading of BILL NO. second, and the following vote: White. Nays, none. December 2. 2002 24 02-270 was approved upon Mr. Herbst's motion, Mr. Purcell's Ayes: Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, This being the date set for a public hearing regarding the request of James and Michaele Riley to rezone 300 North Main Street from M-2, heavy industrial district to C-3, central business district, the hearing was opened. Mr. Jim Riley appeared and presented his development plan for improving this area on North Main Street. There being no further appearances, the hearing was closed. BILL NO. 02-271 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 300 NORTH MAIN STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM M-2 TO C-3 The first reading of BILL NO. 02-271 was approved upon Mr. Hopkins' motion, Mr. Purcell's second, and 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 Maple United Methodist Church for a special use permit for a sign at 2441 Jean Ann Drive in an R-1, single family residential district, the hearing was opened. Mr. John Clifton appeared on behalf of the church to answer questions. There being no further appearances, the hearing was closed. BILL NO. 02-276 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MAPLE UNITED METHODIST CHURCH FOR PURPOSES OF CONSTRUCTING AND MAINTAINING A NEW SIGN AT 2441 JEAN ANN DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 02-276 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes: Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Albert Bell appeared in support of the non-standard streetlight request in the 400 block of South Pacific. He reviewed the locations of existing lights in the area and stated that Pacific Street was omitted from the Jefferson Street area previously considered and approved for lights. The City needs to install the light for the safety of the citizens and the safety of the cars traveling in the area. Following discussion, Ms. Ritter made a motion, seconded by Ms. Boardman, to approve the non-standard streetlight request and install the street light in the 400 block of South Pacific. The motion was approved upon the following vote: Ayes: Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson commended Mr. Bell for his work on the neighborhood watch program in this area and the number of people he has encouraged to attend the meetings. Mr. Charles Mattingly, 332 N. Middle, appeared regarding a stormwater problem on his property at 43 South Lorimier. He indicated he has previously spoken with City Manager Michael Miller and City Engineer Mark Lester regarding the reconstruction of Lorimier Street and its effects on Proceedings of the City Council, City of Cape Girardeau, Mo. Regi lar Session Decemher 2, 2002 25- 700111195 the stormwater problems to his property. He indicated he has not received any communication from the city, and the problem needs to be rectified immediately since he feels the problem was caused by the city. Mr. Miller indicated he would contact Mr. Mattingly on Tuesday to discuss this issue and will report back to the Council. Mr. Don Howard appeared regarding a situation occurring in his neighborhood that the Police Chief is aware of. He stated he felt that city ordinances were not being enforced by the Police Department, and there is a dangerous situation that needs to be handled. He was concerned that someone will be injured. Mayor Knudtson requested that Mr. Howard put his complaint in writing and present it to the Police Chief and City Council so it can be investigated. Ms. Boardman commended the Downtown Merchants Association on the Christmas Parade of Lights which was held on December 1. Mayor Knudtson acknowledged the effort that has been put forth by Mr. Miller, Public Information Officer Tracey Glenn and Inspection Services Director Robb McClary in notifying the public and all contractors about the public hearing to be held on December 16 regarding the proposed adoption of new building codes. The following bills were given second and third readings. BILL NO. 02-230 AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO DRIVING WHILE INTOXICATED AND DRIVING WITH EXCESSIVE BLOOD ALCOHOL CONTENT BELL NO. 02-253 AN ORDINANCE AMENDING SECTION 26-224 OF THE CITY CODE RELATING TO SCHOOL BUSES BILL NO. 02-254 AN ORDINANCE AMENDING SECTION 26-262 OF THE CITY CODE RELATING TO PARKING VIOLATION PENALTIES BILL NO. 02-256 AN ORDINANCE AMENDING SECTION 16-32 OF THE CITY CODE RELATING TO COURT COSTS FOR DOMESTIC VIOLENCE BILL NO. 02-257 AN ORDINANCE APPROVING THE RECORD PLAT OF HILLCREST PLACE 2ND SUBDIVISION BILL NO. 02-259 AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, REPEALING CERTAIN SPEED LIMITS ON WILLIAM STREET AND ESTABLISHING NEW SPEED LIMITS ON WILLIAM STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 02-260 AN ORDINANCE AUTHORIZING EXECUTION OF AN AIRPORT ASSISTANCE AGREEMENT BETWEEN THE STATE HIGHWAY AND TRANSPORTATION COMMISSION OF MISSOURI AND THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 2, 2002 26 T00111195 BILL NO. 02-261 AN ORDINANCE AMENDING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14 -ZZ, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 02-262 AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO INCLUDE PROPERTIES OF JONES AND KENNON DEVELOPMENT, L.L.C., AND AARON'S PROPERTIES, L.L.C., AND WARD 6 TO INCLUDE PROPERTIES OF PRESTWICK HOLDINGS, L.L.C. BILL NO. 02-267 AN ORDINANCE RELATED TO THE ACQUISITION, CONSTRUCTION, FURNISHING AND EQUIPPING OF THE ST. VINCENT SEMINARY PROPERTY AND OTHER ACTIONS RELATED THERETO The second and third readings of BILL NOs. 02-230, 02-253, 02-254, 02-256, 02-257, 02-259, 02-260, 02-261, 02-262 and 02-267 were approved and the ordinances 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. 02-230 is ORDINANCE NO. 3102; BILL NO. 02-253 is ORDINANCE NO. 3103; BILL NO. 02-254 is ORDINANCE NO. 3104; BILL NO. 02-256 is ORDINANCE NO. 3105; BILL NO. 02-257 is ORDINANCE NO. 3106; BELL NO. 02-259 is ORDINANCE NO. 3107; BILL NO. 02-260 is ORDINANCE NO. 3108; BILL NO. 02-261 is ORDINANCE NO. 3109; BILL NO. 02-262 is ORDINANCE NO. 3110; BILL NO. 02-267 is ORDINANCE NO. 3111. Mayor Knudtson extended to Dr. Ken Dobbins his appreciation for the cooperation between the University and the City on the Old St. Vincent's Seminary River Campus Project. BILL NO. 02-265 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH CAPE AIR CHARTER FOR OFFICE SPACE AT THE CAPE GI ARDEAU REGIONAL AIRPORT The reading of BILL NO. 02-265 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. 02-265 is RESOLUTION NO. 1846. BILL NO. 02-268 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WATER LINE IMPROVEMENTS AND A MEMORANDUM OF UNDERSTANDING WITH THE GENERAL SERVICES ADMINISTRATION FOR THE NEW UNITED STATES COURTHOUSE The reading of BILL NO. 02-268 was approved and the resolution adopted 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. 02-268 is RESOLUTION NO. 1847. Upon questioning by Ms. Ritter, Mr. Miller explained that the funding for this was included in the current year's Water Fund. Proceedings of the City Council, City of Cape Girardeau, Mo. Reuular Session December 2, 2002 27 T00111195 BILL NO. 02-272 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A STORMWATER GRANT AND/OR LOAN APPLICATION AND ALL OTHER NECESSARY GRANT DOCUMENTS WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR THE WATER POLLUTION PROGRAM The reading of BILL NO. 02-272 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. 02-272 is RESOLUTION NO. 1848. BILL NO. 02-273 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LAPPE CEMENT FINISHING, INC., FOR PAVEMENT WIDENING AND SIGNALIZATION FOR MT. AUBURN ROAD FROM WILLIAM STREET TO INDEPENDENCE STREET Mayor Knudtson stated that city staff is meeting with the property owners affected by this project on Wednesday, December 6. Mr. White made a motion, seconded by Ms. Boardman, to table approval of BILL NO. 02-273 to the December 16 City Council meeting. The motion was approved upon the following vote: Ayes: Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-274 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LAPPE CEMENT FINISHING, INC., FOR THE MOUNT AUBURN ROAD/CAPE LACROIX CREEK BANK RESTORATION AND FLOOD MITIGATION PROJECT The reading of BILL NO. 02-274 was approved and the resolution adopted upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-274 is RESOLUTION NO. 1849. BILL NO. 02-275 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH A & A TOWING TO PROVIDE TOWING SERVICE WITHIN THE CITY OF CAPE GIRARDEAU The reading of BILL NO. 02-275 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. 02-275 is RESOLUTION NO. 1850. The preliminary plat of Silverthome Subdivision was approved upon Mr. White's motion, Ms. Ritter's second, and the following vote: Ayes: Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Ms. Boardman made a motion, seconded by Mr. Herbst, to accept the improvements to Rodney Street from the end of concrete at the National Guard Armory to Hawthorn Road, including replacement of the bridge over Cape LaCroix Creek, and to authorize final payment to Nip Kelley Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 2, 2002 T00111195 W-1 Equipment Company, Inc. The motion was approved upon the following vote: Ayes: Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The sanitary sewer extension to serve D&D Investments and the Armstrong Properties, south of Route 74 between I-55 and Mt. Auburn Road, part of Sewer District 14 -FF -1, was accepted upon Ms. Ritter's motion, Mr. White's second, and the following vote: Ayes: Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Miller explained that during the Study Session, the City Council discussed the duty of owners to connect to public sewers. At the direction of the Council, city staff will present proposed ordinances to bring all current city codes into conformity at the next Council meeting. It is proposed that any septic tanks located within 200 feet of an existing sewer be required to connect to the city sewer within 90 days. Forty-nine current septic tanks within the 200 feet will be grandfathered and will not be required to hook up to the city sewer unless they cease to function or become a health hazard. In addition, staff will recommend a change in the city sewer assessment procedure to provide for a public hearing to establish a sewer district unless 100 percent of the property owners within the district sign a petition for the sewer. Mayor Knudtson stated that the Planning and Zoning Commission is continuing to work on the septic tank issue and will report back to the Council in the near future. Regarding the proposed tax election issues, Mayor Knudtson explained that the City Council has three considerations: (1) what objectives presented by the Citizen Finance Task Force should the Council endorse, (2) what should appear on an election ballot, and (3) which projects should be approved. Mr. Miller explained that at the direction of the Council, city staff prepared draft ordinances following the recommendations of the task force. The Task Force recommended four revenue issues, and each must be on a separate ballot. These included a one-quarter cent sales tax, a use tax, a stormwater utility fee and a property tax. The Task Force also recommended the priority of projects as follows: operating expenses, equipment, stormwater projects, and other major projects. The priority list was developed based on the most critical needs of the city. If one measure is not approved, the projects would simply be completed in the order the Council selected until the funding is depleted. The Council first discussed the four separate issues being placed to a vote of the people, and which election date to present it. Upon questioning by Mr. Hopkins, City Attorney Eric Cunningham explained that the property tax is not technically an extension of an existing tax. When the Show Me Center bonds are paid off, the property tax for that purpose will end and this property tax will commence in its place. This would occur sometime in 2004. There are no sunset provisions on the tax. With an April election, the sales tax would take effect October 1, 2003, the use tax would start July 1, 2003, and the stormwater fee could begin shortly after the election. Mr. Miller further explained that funds would be available to the city on July 1, 2003, from the use tax, and on July 1, 2004 from the property tax. Ms. Ritter questioned which fund the tax proceeds would be placed into. Mr. Cunningham explained that the use tax and property taxes will go to the general fund. The sales tax will be for the Fire Department, and the general funds now used for the Fire Department would be available for use in the general fund. The stormwater fee revenue must go towards stormwater projects. Following additional discussion by the Council, all council members expressed their desire to place the four issues on an election ballot in the following order: one-quarter cent sales tax, two percent use tax, stormwater utility fee, and property tax. The Council then agreed on the priority Proceedings of the City Council, City of Cape Girardeau, Mo. Reuiflar Session December 2, 2002 29 T00111195 list of projects presented in the Task Force Final Supplemental Report as follows: operating expenses, equipment, stormwater projects and other major projects. Mayor Knudtson questioned which election date the Council preferred. Following questioning by Ms. Ritter, Mr. Miller explained that the proposed 2003-2004 budget will be prepared without any additional revenue and will be presented to the City Council three weeks prior to the April election date. If the Council chooses to put the issues on the April ballot and if one or any of the issues are approved, the Council has time available before final budget approval to include revenue available from the tax issues. Following discussion, all Council members expressed their desire to place the four issues on the April, 2003 election ballot. Mayor Knudtson stated that city staff will prepare the appropriate ordinances for the December 16 agenda to accomplish the outlined recommendations on the tax issues. There being no further business, the Council adjourned upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes: Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Jay B. udtson, Mayor y "B. Gayle 1y: Vonrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. T00111195 Session THIS PAGE INTENTIONALLY LEFT BLANK. 30