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HomeMy WebLinkAboutCouncil.Minutes.08-04-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular session August 4, 2003 177 __ -- 700111195 REGULAR SESSION — AUGUST 4, 2003 The Cape Girardeau City Council convened in regular session on Monday, August 4, 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 personnel, property acquisition, litigation and confidential communications with its attorney pursuant to RSMo. Section 610.021(1), (2) and (3), 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 July 21, 2003, regular and closed sessions were approved upon Ms. Ritter's motion, Ms. Hopkins' 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. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Missouri State Representative Jason Crowell presented a legislative update on the issues that were addressed during the last General Assembly of the House of Representatives and Senate. He reviewed budget issues, job loss in Missouri, workers compensation laws, tort reform, and changes in the Department of Natural Resources. He commended the City for its work on securing the renovation of the Marquette Hotel. Mayor Knudtson reported on the following: 1. He signed a proclamation declaring August 10-16 as Community Health Center Week on behalf of the Cross Trails Medical Center. 2. He commended city employee Sharee Galnore on the "People Saving People Award" she received from the National Highway Transportation Safety Administration in appreciation for her outstanding dedication to traffic safety. 3. The new city maps are now available to the public at City Hall. 4. As a result of flood -mitigation projects completed in the city, many flooding problems have been alleviated. However, the floodplain maps have not yet been revised. An engineering analysis of the floodplain along Cape La Croix Creek and Walker Branch is underway, and the floodplain designations will eventually be changed to reflect the changes from the projects completed. This is being done in conjunction with the Corps of Engineering and Federal Emergency Management Agency. 5. He welcomed back city employee Michael Morgan who recently returned from military duty. 6. It is again time for the starlings to begin roosting in the city. The Mayor thanked Interim City Manager Doug Leslie and Police Chief Steve Strong for addressing this bird issue before it once again became a problem in the city. 7. On behalf of the City Council, the Mayor extended his condolences to Public Works employee Wayne Edmundson on the recent loss of his son to cancer. 8. The Chamber of Commerce recently completed its Leadership Cape class. This is a great tool of the Chamber to help develop and present projects that eventually could come to fruition and enhance services of the city. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 4, 2003 178 300111195 9. Art LeGrand of 1835 Herman requested the Mayor display various fireworks that he found on his roof following the Fourth of July. The Mayor reported that the City of Jackson was holding a public hearing to receive input on fireworks issues, and the Council may be interested in jointly exploring options to address citizens' fireworks concerns. Interim City Manager Doug Leslie reported on the following: 1. Thanks to the help of Al Stoverink at Southeast Missouri State University and the Planning and Engineering Departments, the bid opening for the Fountain Street construction project was held on July 29. Five bids were submitted with the low bid from Nip Kelly Equipment Company at $1.187 million and the high bid from Robinson Mechanical at $1.556 million. The University and City have met and are recommending that the contract be awarded to Nip Kelley Equipment. With good weather, the anticipated completion date is November 15, 2003. 2. The Mt. Auburn Road/Independence intersection was reopened to traffic ahead of schedule. The entire project should be completed within three to four weeks. Inspection Services Director Robb McClary presented a report on the services offered by the department and the activities underway. This being the date set for a public hearing regarding proposed amendments to the zoning ordinance regarding Section 30-39, special use regulations subsection (d) (14) public utilities, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 03-129 was give first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO SPECIAL USE PERMITS FOR PUBLIC UTILITIES The first reading of BILL NO. 03-129 was approved upon Mr. Purcell'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 SLS Investments and Breckenridge Three Limited Partnership for a special use permit for a community unit plan to be located at the corners of Missouri Avenue, Jefferson Avenue and College Street, consisting of approximately 7.15 acres in an R-3, two family residential district, the hearing was opened. Ms. Eunice Curry, 432 S. Missouri, appeared and expressed concerns regarding additional stormwater and sewer problems that may occur as a result of this development. She indicated there are already drainage problems in the ditch in the rear of her property. In addition, she requested that the traffic from this development be directed towards College Street. Mr. Rick Pierce of PDC Companies appeared on behalf of the developer Breckenridge. He presented drawings of the area, and stated that the development included a detention basin/ stormwater plan to address water runoff. The traffic will have to utilize Jefferson Street as College Street has not been constructed. Mr. Purcell offered to meet with the property owners and the City Staff to review this project and address concerns they have. Mayor Knudtson directed Ms. Curry to present her name and contact number to city staff so she may be contacted to schedule a meeting on this issue. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session eruct 4, 2003 179 There being no further appearances, the hearing was closed. BILL NO. 03-136 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO BRECKENRIDGE THREE LIMITED PARTNERSHIP FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A COMMUNITY UNIT PLAN AT THE CORNERS OF MISSOURI AVENUE, JEFFERSON AVENUE AND COLLEGE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-136 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. This being the date set for a public hearing regarding the property tax rates proposed to be set by the City of Cape Girardeau for the fiscal year beginning July 1, 2003, and the real property tax rate proposed to be set for the Special Business District No. 2 for the fiscal year beginning July 1, 2003, the hearing was opened. There being no appearances, the hearing was closed. BIL NO. 03-137 was given first reading as follows: AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; LIBRARY FUND TAX; PUBLIC HEALTH TAX; DEBT SERVICE FUND TAX; SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, 2004 Mr. Herbst made a motion, seconded by Mr. Hopkins to approve the first reading of BILL NO. 03- 137. Ms. Ritter explained that the property tax rates used for budgeting purposes were estimates, and the real rates have not yet been received from the State. It is required that the property tax rates be in place by September 1 of each year. Mayor Knudtson requested that a notice be published to hold another public hearing on this matter at the August 18 City Council meeting. Finance Director John Richbourg reviewed the formula that is used by the State of Missouri to set the real property tax rates. Following discussion, the motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. John Heckrotte appeared regarding the notice of Prestwick Plantation to withdraw its request for a TIF for its development. He requested the City Council adopt a formal resolution to close out this issue. Mayor Knudtson responded that the TIF Commission is meeting again to acknowledge the withdrawal of the Prestwick Plantation TIF Proposal. Since the application for a TIF was voluntarily withdrawn, there is no formal action required of the City Council. Mr. Heckrotte responded that he felt if no formal action is taken by the Council, then the developer could bring the TIF issue up again. Regarding the issue of the city providing water valves and hydrants to developers, Mr. Heckrotte stated he never received the information he requested regarding the cost of this program. Mayor Knudtson asked Mr. Leslie to forward to Mr. Heckrotte the funds the city has spent in this regard since 1999. Ms. Ellen Wills, 122 South Hanover, appeared regarding nuisance properties that she has filed formal complaints on in the 100 block of South Hanover. She expressed concerns that the city is not enforcing the minimum property maintenance codes. Regarding one property she filed a complaint on, the owner showed progress through October of 2002; however, the owner claims Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 4, 2003 180 T00111195 that due to health problems he has not been able to work on the property. On another property she filed a complaint on, she claimed no action had been taken by the city to correct the problem. She requested that the property maintenance code be strictly enforced. In addition, she expressed concerns regarding drug activity in this area of the city. Inspection Services Director Robb McClary responded that there are ongoing complaints regarding owner -occupied structures on this block of Hanover. He is working with Steve Williams of the Planning Services office to attempt to secure funding for one structure through a housing rehabilitation program. Due to the financial situation of some of the owners, he indicated he was not sure if the municipal court would be effective in these situations. He would talk with his staff and the City's Prosecuting Attorney regarding alternatives, including sending a letter to the owners requesting they bring the property into compliance with city codes. Mr. Leslie commended Ms. Wills for the work she has completed on her property. He indicated this is a difficult situation, but the best option may be to work out the funding assistance through the housing rehabilitation program, and use this in conjunction with a letter from the Prosecuting Attorney. Mayor Knudtson explained to Ms. Wills that the City has given its attention and effort to work on these properties, and will continue to work on it. He requested city staff prepare a progress report for the City Council on these issues. The following bills were given second and third readings: BILL NO. 03-112 AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE RELATING TO PROHIBITED NOISES BILL NO. 03-117 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 BELL NO. 03-121 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 BILL NO. 03-123 AN ORDINANCE APPROVING THE RECORD PLAT OF EUGENE'S SECOND SUBDIVISION BILL NO. 03-124 AN ORDINANCE APPROVING THE RECORD PLAT OF LYNWOOD HILLS NORTH TOWNHOUSES BILL NO. 03-125 AN ORDINANCE APPROVING THE RECORD PLAT OF LYNWOOD HILLS SOUTH TOWNHOUSES BILL NO. 03-126 AN ORDINANCE AUTHORIZING THE EXECUTION OF A MUNICIPAL LEASE AND RELATED DOCUMENTS IN CONNECTION WITH THE ACQUISITION OF A STREET SWEEPER Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Anunct 4. 2003. 181 T00111195 The second and third readings of BILL NOs. 03-112, 03-117, 03-121, 03-123, 03-124, 03-125 and 03-126 were approved and the ordinances adopted upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. White abstained for financial reasons on BILL NO. 03-123. BILL NO. 03-112 is ORDINANCE NO. 3198; BILL NO. 03-117 is ORDINANCE NO. 3199; BILL NO. 03- 121 is ORDINANCE NO. 3200; BILL NO. 03-123 is ORDINANCE NO. 3201; BILL NO. 03- 124 is ORDINANCE NO. 3202; BILL NO. 03-125 is ORDINANCE NO. 3203; BILL NO. 03- 126 is ORDINANCE NO. 3204. BILL NO. 03-132 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST VILLAGE SECOND SUBDIVISION The first reading of BILL NO. 03-132 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. 03-130 was presented as follows: A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE LAND SUBDIVISION BOND SUBMITTED BY DRURY SOUTHWEST, INC., AND DSW DEVELOPMENT CORPORATION FOR CAPE WEST VILLAGE SECOND SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 03-130 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-130 is RESOLUTION NO. 1904. BILL NO. 03-127 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SAFE HOUSE FOR WOMEN, INC., FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES — DIVISION OF FAMILY SERVICES The reading of BILL NO. 03-127 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. 03-127 is RESOLUTION NO. 1905. BILL NO. 03-128 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SALVATION ARMY OF CAPE GIRARDEAU FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES — DIVISION OF FAMILY SERVICES Proceedings of Regular the City Council, City of Cape Girardeau, Session August 4, 2003 Mo. 182 T_00111195 The reading of BILL NO. 03-128 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, White. Nays, none. Mr. Purcell abstained for financial reasons. BILL NO. 03- 128 is RESOLUTION NO. 1906. BILL NO. 03-131 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DUTCH ENTERPRISES, INC., FOR THE KINGSWAY DRIVE SEWER IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Hopkins made a motion, seconded by Mr. White, to approve the reading of BILL NO. 03-131 and adopt the resolution. Mr. Hopkins made a motion, seconded by Mr. Purcell, to table approval of this Resolution until city staff can meet with and discuss this matter with the affected property owners to see if they want to proceed with this project now or want to pursue other options. Following discussion, the motion to table was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-133 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGINEERING AGREEMENT WITH BOONE CONSULTING FOR PHASE II, III AND IV OF THE HIGHWAY W LAGOON CLOSURE IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BELL NO. 03-133 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-133 is RESOLUTION NO. 1907. BILL NO. 03-134 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR A NEW PEDESTRIAN BRIDGE OVER HIGHWAY 74 (SHAWNEE PARKWAY) IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 03-134 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. 03-134 is RESOLUTION NO. 1908. BILL NO. 03-135 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LAW ENFORCEMENT PERSONNEL REIMBURSEMENT AGREEMENT WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE TRANSPORTATION SECURITY ADMINISTRATION The reading of BILL NO. 03-135 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. 03-135 is RESOLUTION NO. 1909. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session AufFust a, 2003 183 Mr. Frank Kinder 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 5% beer by the drink license for Fred Higdon, d/b/a Semo District Fair, for an event to be held on the Arena Park Fairgrounds, including four liquor stands, from September 5-13, 2003, 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. The final plans, bid specifications and cost estimates for the Fountain Street and Stormwater Project were approved upon Mr. Purcell'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 City Council adjourned upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. r jJayB.udtson, Mayor Gayle L. Conrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. 700111195 Session iso THIS PAGE INTENTIONALLY LEFT BLANK.