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HomeMy WebLinkAboutCouncil.Minutes.07-21-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Ju1T21, 2o0- I62_ 7001,,,95 REGULAR SESSION — JULY 21, 2003 The Cape Girardeau City Council convened in regular session on Monday, July 21, 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. Sam Ramdial, First General Baptist 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 personnel, litigation and confidential communications with its attorney pursuant to RSMo. Section 610.021(1), (2) and (3), upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The minutes of the July 7, 2003, 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 Ms. Boardman's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Herbst congratulated Airport Manager Bruce Loy and City staff on a successful airshow. Ms. Boardman commented on the presentation by North Star Marketing regarding their work with the Convention and Visitors Bureau. Mayor Knudtson congratulated City Clerk Gayle Conrad on her recent appointment as President of the Southeast Missouri City Clerks and Finance Officers Association. Mayor Knudtson stated the City received a letter from Joe Driskell of the Missouri Department of Economic Development announcing that New Vision Youth and Family Services received approximately $238,000 in tax credits to assist in their services to at -risk youth in our City. He requested the City send a letter to Mr. Driskell to thank him for their support of this program. At the request of the Council, Police Chief Steve Strong reported that the costs of responding to Fire and Police Calls from June 20 through July 4, 2003, which is the period of fireworks sales, was $2,887.76. In addition, there was also a mutual aid response to Jackson to assist with a fireworks related fire call. Revenue figures from the sale of fireworks will not be available until October or November. Sales tax revenues from 2002 ranged from $3,780 to $4,620. However, there is additional economic impact on the city from non-residents coming to Cape to purchase fireworks. Mayor Knudtson questioned whether it would behoove the Council to look at a more stringent policy on fireworks. Chief Strong responded that the figures do not reflect losses that individuals may have incurred from fireworks damage or personal injuries. For safety reasons it would be best to outlaw fireworks; however, this will not eliminate calls and complaints about fireworks. The City of Jackson is presently reviewing their fireworks ordinance, and he suggested the City of Cape may want to partner with Jackson and Scott City to adopt similar ordinances relating to fireworks. Ms. Ritter stated that the city also needs to discuss accidents and environmental issues relating to fireworks, and agreed to the approach of regional discussions relating to changes in fireworks ordinances. Mr. Purcell suggested the City consider shortening the period of time to sell and shoot fireworks. Following discussion, Mayor Knudtson requested Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 21, 2003 170 100111195 city staff prepare additional information regarding fireworks and report on actions of neighboring cities relating to fireworks. Heather Brooks, Administrative Assistant to the City Manager, updated the Council on her discussions with Southeast Missouri State University regarding the storm warning system they have in place and the possibility of the City tapping into their system and adding other sirens. The next step is to identify possible funding resources. Finance Director John Richbourg reported on the revenue and expense summaries for the fiscal year 2002-2003. As of the end of May, 90 percent of the operating budget had been spent, which included a $200,000 increase in health insurance costs. Sales tax revenues increased 1.6 percent over the previous year but were still 1.4 percent less than those projected in the budget. Revenue shortfalls will be made up through delaying the purchase of equipment and savings from vacant positions. In addition, natural gas prices have increased substantially, which in turn increases franchise tax revenues. Upon questioning by the Mayor, Mr. Richbourg and Chief Strong discussed the reasons for the decrease in Municipal Court revenues. Ms. Ritter complimented Mr. Richbourg on his budget summary report. Steve Cook of the Public Works Department gave a presentation regarding the city's curbside recycling program, which began in October of 1991. This being the date set for a public hearing regarding the City's submission of an application to the Community Development Block Grant Program on behalf of the Community Caring Council to support the development of affordable housing units at selected sites in the eastern and northern parts of the City, the hearing was opened. Steve Williams of Planning Services presented information regarding the MHDC Tax Credit Program and DED Housing Grant, which will assist in funding the land purchase for this rehabilitation and development project. A private developer proposes to remodel the Cape Meadow Apartment complex and construct ten housing units in the Fort Hope area, all to be rented to low and moderate income families. Since the City already has one outstanding DED grant, the Community Caring Counsel has agreed to sponsor this grant on behalf of the City. Mr. Jerry Campbell of Wallace Architects appeared on behalf of the developer, Chad Hartle, and reviewed the housing concept and what it includes. Following discussion by the Council, Mr. Williams requested appearances by the public regarding this matter. There being no appearances, the hearing was closed. BILL NO. 03-120 was presented as follows: A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH THE "COMMUNITY DEVELOPMENT BLOCK GRANT" PROGRAM AND AUTHORIZING THE CITY MANAGER TO PURSUE ACTIVITIES IN AN ATTEMPT TO SECURING FUNDING AND EXECUTE ALL NECESSARY GRANT DOCUMENTS IF FUNDING IS APPROVED The reading of BILL NO. 03-120 was approved and the resolution adopted 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. 03-120 is RESOLUTION NO. 1899. The following bills were given second and third readings: BILL NO. 03-105 AN ORDINANCE AMENDING CHAPTER 16 OF THE CITY CODE RELATING TO THE MUNICIPAL COURT Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 21, 2003 171 700111195 BILL NO. 03-106 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, A QUIT CLAIM DEED, A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE WIDENING OF MT. AUBURN ROAD BETWEEN INDEPENDENCE STREET AND WILLIAM STREET AND THE CONSTRUCTION OF THE INDEPENDENCE STREET AND MT. AUBURN ROAD INTERSECTION BILL NO. 03-108 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER CHAPTER 53 (5311) OF TITLE 49, UNITED STATES CODE BILL NO. 03-110 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO RHODES REAL ESTATE PARTNERS, L.P., AND P & J MARKETING, LLC, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A WAREHOUSE AT 1610 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU BILL NO. 03-111 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE 1700 BLOCK OF BROADWAY, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM C-1 TO C-3 BILL NO. 03-115 AN ORDINANCE APPROVING THE RECORD PLAT OF ARBOR HEIGHTS FIRST ADDITION The second and third readings of BILL Nos. 03-105, 03-106, 03-108, 03-110, 03-111 and 03- 115 were approved and the ordinances adopted upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. White abstained for financial reasons on BILL NO. 03-115. Mayor Knudtson abstained for financial reasons on BILL Nos. 03-110 and 03-111. BILL NO. 03-105 is RESOLUTION NO. 3192; BILL NO. 03-106 is RESOLUTION NO. 3193; BILL NO. 03-108 is RESOLUTION NO. 3194; BILL NO. 03-110 is RESOLUTION NO. 3195; BILL NO. 03-111 is RESOLUTION NO. 3196; BILL NO. 03-115 is RESOLUTION NO. 3197. BILL NO. 03-112 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE RELATING TO PROHIBITED NOISES The first reading of BILL NO. 03-112 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. Upon the request of Mr. Herbst, Chief Strong explained the proposed change to the noise ordinance and how it will be easier to enforce. The change allows for a rebuttable presumption that the registered owner of a vehicle is the offender of certain noise violations. Mr. Proceedings of the City Council, City of Cape Girardeau, Mo. lar Session July 21, 2003 172 700111195 _ Herbst stated that at the previous City Co�Fmeeting, a resident provided a copy of the noise ordinance from the City of Sikeston, and he requested the City Attorney explain how our ordinance is more stringent than Sikeston's ordinance. City Attorney Eric Cunningham explained that there are two main differences: (1) The Sikeston ordinance defines a violation as a noise that is heard by a reasonable person within 100', and Cape's ordinance is only 50'; (2) The Sikeston ordinance provides that the object producing the noise can be taken by the Police Department for a period of up to 72 hours after the second offense, and Cape's ordinance allows the property to be seized after the second offense until the case is disposed of in Municipal Court. Mr. Cunningham explained that the only change in the ordinance is the rebuttable presumption, and if a noise is a violation under the present ordinance, the proposed change will not affect this. BILL NO. 03-117 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE U OF SECTION 26-231 OF THE CITY CODE, REPEALING THE EXISTING BRIDGE WEIGHT LIMIT AND ESTABLISHING A NEW BRIDGE LIMIT ON THE BLOOMFIELD ROAD BRIDGE OVER RAMSEY CREEK, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-117 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-121 was given first reading as follows: AN ORDINANCE AUTHORIZING EXECUTION OF AN AIRPORT ASSISTANCE AGREEMENT BETWEEN THE STATE HIGHWAYS AND TRANSPORTATION COMMISSION OF MISSOURI AND THE CITY OF CAPE GIRARDEAU, MISSOURI FOR THE CAPE GIRARDEAU REGIONAL AIRPORT The first reading of BILL NO. 03-121 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. At the request of the Mayor, Airport Manager Bruce Loy updated the Council on the budget and personnel issues facing the operation of the airport control tower. He reviewed the cost/benefit ratio of the tower assigned by the FAA and how this affects federal funding of the tower operations. Mr. Loy indicated he will be requesting the FAA reassess the cost/benefit ratio of the control tower. BILL NO. 03-123 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF EUGENE'S SECOND SUBDIVISION The first reading of BILL NO. 03-123 was approved upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, none. Mr. White abstained for financial reasons. BILL NO. 03-124 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF LYNWOOD HILLS NORTH TOWNHOUSES Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Jules, 2003 173 700111195 The first reading of BILL NO. 03-124 was approved upon Mr. Purcell's motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-125 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF LYNWOOD HILLS SOUTH TOWNHOUSES The first reading of BILL NO. 03-125 was approved upon Ms. Boardman's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-126 was given first reading as follows: AN ORDINANCE AUTHORIZING THE EXECUTION OF A MUNICIPAL LEASE AND RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF A STREET SWEEPER The first reading of BILL NO. 03-126 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. BILL NO. 03-116 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT WITH DUTCH ENTERPRISES, INC., FOR A SEWER EXTENSION AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 03-116 was approved and the resolution adopted upon Mr. White's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-116 is RESOLUTION NO. 1900. BILL NO. 03-118 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT AND IRREVOCABLE LETTER OF CREDIT WITH STAGE DEVELOPMENT, LLC, AND FIRST NATIONAL BANK, FOR ARBOR HEIGHTS SUBDIVISION The reading of BILL NO. 03-118 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. Nays, none. Mr. White abstained for financial reasons. BILL NO. 03- 118 is RESOLUTION NO. 1901. BILL NO. 03-119 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AMENDED ENGINEERING SERVICES CONTRACT FOR DESIGN OF THE INTERSECTION OF SILVER SPRINGS ROAD AND U.S. HIGHWAY 61, WITH KOEHLER ENGINEERING AND LAND SURVEYING, INC. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 21, 2003 174 The reading of BILL NO. 03-119 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-119 is RESOLUTION NO. 1902. BILL NO. 03-122 was presented as follows: A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR PERMISSION TO PLACE TELECOMMUNICATION LINES UNDER BELLEVUE STREET IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 03-122 was approved and the resolution adopted 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. 03-122 is RESOLUTION NO. 1903. Mr. Thomas M. Nelson was appointed to the Parks and Recreation Advisory Board for a term expiring October 29, 2003, upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Phillip Brinson was appointed to the Special Business District Advisory Commission for a term expiring June 30, 2006, upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. A temporary retail liquor by the drink license for Amy Copen d/b/a Court Appointed Special Advocates, for an event to be held August 16-17, 2003, at Deerfield Lodge was approved upon Mr. Hopkins motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The improvements completed under the Mt. Auburn Road/Cape LaCroix Creek bank restoration and flood mitigation project were accepted, and final payment to Lappe Cement Finishing, Inc. was authorized upon Ms. Ritter's motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. There being no further business, the City Council adjourned upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. 1. - ay B. udtson, Mayor Gayle L. Conrad, City Clerk