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HomeMy WebLinkAboutCouncil.Minutes.08-18-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Rpanlar Session August 18, 2003 189 T00111195 REGULAR SESSION —AUGUST 18, 2003 The Cape Girardeau City Council convened in regular session on Monday, August 18, 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. Clayton Smith of Centenary Methodist 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 and property acquisition pursuant to RSMo. Section 610.021(2) and (3), upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The minutes of the August 4, 2003, regular and closed sessions were approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The agenda was adopted as distributed upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. White reported on the August 14th meeting of the TIF Commission. The Commission accepted the letter submitted by Prestwick to withdraw their application for a TIF project. In addition, the Commission agreed to meet again and develop criteria and identify what should be included in a future TIF proposal. Mr. Purcell reported that Doug Leslie and city staff met with the property owners on Jefferson Street to discuss their concerns regarding the future development of a community unit plan in their area. He thanked Mr. Leslie for the staff's extra effort in assisting the residents in understanding this project. Ms. Boardman inquired about the status of the removal of the yellow ribbons that were previously placed on utility poles on Kingshighway. Mayor Knudtson directed the City Clerk look into this matter and requested the ribbons be removed. Ms. Ritter complimented the Engineering Department on the format of the recent department report on the status of projects. Mayor Knudtson read a proclamation declaring August 16-22, 2003 as Welcome Back Student Week for Southeast Missouri State University. Mayor Knudtson reported on the following: 1. The City Council tour is scheduled for Thursday, September 3. 2. He clarified the status of the old Mississippi River Bridge. The Army Corps of Engineers has determined that the old bridge will need to be removed. The Missouri Department of Transportation recently issued a news release on this matter. 3. He and Doug Leslie met with members of the Transit Authority to identify ways to improve the transit situation in this area. Interim City Manager Doug Leslie reported that the Mt. Auburn/Independence intersection was opened to traffic in all directions ahead of schedule on Friday, August 15. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 18, 2003 190 T00111195 City Engineer Mark Lester presented a report on the street, sewer, stormwater and water projects that are presently underway, projects that were recently completed, and projects that will begin in the near future. 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. BILL NO. 03-137 was given second and third readings 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. Purcell made a motion, seconded by Mr. White to approve the second and third readings of BILL NO. 03-137 and to adopt the ordinance. Mr. Hopkins made a motion, seconded by Mr. Purcell, to amend the ordinance by changing the rate for the Special Business District #2 tax from $.7793 to $.7605. The amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-137 is ORDINANCE NO. 3205. Mr. Loy Welker, owner of the property at 820 North Sprigg, appeared on behalf of his tenant Tyrone Henderson in support of his request for a liquor license at this address, Suite 6. He stated Mr. Henderson has held teen nights at this facility, and he runs a first class operation. Mr. Herbst questioned whether Mr. Welker intends to keep the alley closed so there would be no access to Mason Street. Mr. Welker responded he would open this access only if the Council requested him to. Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve a retail liquor by the drink license for Tyrone Henderson d/b/a Tee Jay's Club Sequel, 820 N. Sprigg Suite 6, Tyrone Henderson, Managing Officer. Upon questioning by Ms. Ritter, Mr. Tyrone Henderson explained that he intends to hold the teen nights on Friday nights at his club on South Kingshighway. Following discussion, the motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. John Voss appeared in support of the petition submitted to limit parking on Alta Vista Drive. Residents of the neighborhood meet on an on-going basis to discuss ways to continually improve the area. The residents are concerned with a smooth flow of traffic when there is limited parking on both sides of the street. Mr. Voss stated that this is the only street in this area around the University that is not designated no parking on one side of the street. Mr. Mike Shain also appeared in support of the request for no parking on one side of Alta Vista Drive. There is a large amount of pedestrian traffic on this street, and when there is parking on both sides of the street, only one car can drive through the street, forcing oncoming traffic to yield. Upon questioning by Ms. Boardman, Mr. Voss explained that two residents did not sign the petition. One of these residents wanted the no parking area on the opposite side of the street. The Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session Anyust 18, 2003 191 T00111195 neighbors had three meetings to discuss this request. At the present time, there is no parking from 8:00 a.m. to 4:00 p.m. on both sides of the street, and they are requesting one side be designated no parking at all times. One resident appeared with concerns as to where daytime guests would park if there is no parking. BILL NO. 03-150 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE BY ESTABLISHING NO PARKING ON ALTA VISTA AND AMENDING SCHEDULE P OF SECTION 26-248 OF THE CITY CODE, BY REPEALING CERTAIN LIMITED PARKING ON ALTA VISTA AND ESTABLISHING NEW LIMITED PARKING ON ALTA VISTA, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. White made a motion, seconded by Ms. Boardman, to approve the first reading of BILL NO. 03-150. Following discussion by the Council, the motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Randy Morris appeared regarding the Kingsway Drive sewer. The residents that will be affected by this sewer all met with Mr. Hopkins and Mr. Leslie, and they have all agreed to move forward with this project. He explained that his tax bill will be approximately $30,000 for a 600 foot sewer. He questioned why larger sewer projects have funding sources available to pay for the construction, but this is not available for smaller sewer projects. Mayor Knudtson responded that many large sewer projects are eligible for funding under block grants for economic development. Mr. Hopkins reported on the meeting with the residents and city staff. Two of the property owners involved have serious septic problems, and all the property owners agreed to move forward with this project. It was discussed to waive sewer connection fees for the properties included in this sewer project. 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. Purcell, to approve the reading of BILL NO. 03-131 and adopt the resolution. Mr. Hopkins made an amending motion, seconded by Mr. Purcell to waive the sewer connection fee for the properties included in this sewer project. Ms Ritter questioned what criteria were used when discussing not to charge the sewer connection fee. Mr. Hopkins responded that if the city would have been able to accept the previous bid on this project, the total project cost would have been much less and the assessments to the property owners would have been lower. The amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-131 is RESOLUTION NO. 03-131. Mr. Chris Wheeler, 3101 Mimosa, appeared and stated he has been a fireworks dealer in Cape Girardeau for the past 20 years and would like to discuss the fireworks ordinance. Mayor Knudtson responded that this will be discussed at the end of the meeting. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 18, 2003 192 T00111195 Mr. Darren Brook, 45. Loritm— er Srpt. 1 appeared regar mrmwater problems that have been previously addressed with the City Council and staff. He was told by city staff that stormwater repairs would be completed in three phases, beginning August 1. As of this date, the first phase of grinding the asphalt at the curb to the original depth has been completed; however, the other two phases of grading the slope at Merriwether and placing the drain at the end of the driveway have not been completed. Mr. Leslie reported that this project is being completed in conjunction with the street overlay program, which should be done by the end of August. City staff communicated the repair schedule with the property owner, Mr. Mattingly, approximately two weeks ago. In the future, Mr. Brooks will also be included in all communications regarding this project. Ms. Sue Lambert, 1106 North Frederick, appeared regarding concerns with pit bulls in her area. Many of them in her neighborhood are neglected, and many are not properly secured. She contacted animal control officers, and they indicated there was nothing they could do. In addition, smaller communities in the area have outlawed pit bulls in their towns, and upon questioning by Mayor Knudtson, she said she was in favor of banning them in Cape Girardeau. Ms. Lambert indicated she has information regarding pit bulls and what is being done in surrounding communities if the city was interested in this information. Following discussion by the Council, Mayor Knudtson directed Police Chief Steve Strong to research the number of reported incidents in the city that have involved dogs, and to report on the breed that was involved. The following bills were given second and third readings: BILL NO. 03-129 AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO SPECIAL USE PERMITS FOR PUBLIC UTILITIES BILL NO. 03-132 AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST VILLAGE SECOND SUBDIVISION BILL NO. 03-136 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SLS INVESTMENTS AND 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 second and third readings of BILL Nos. 03-129, 03-132 and 03-136 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. 03-129 is ORDINANCE NO. 3206; BILL NO. 03-132 is ORDINANCE NO. 3207; BILL NO. 03-136 is ORDINANCE NO. 3208. Regarding BILL NO. 03-136, Mayor Knudtson reported that city staff met with the residents in the area of the proposed community unit plan and addressed the concerns they had. Mr. Rick Pierce of SLS Investments appeared and thanked the City Council and city staff for their assistance with this project. BILL NO. 03-138 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 18, 2003 193 T00111195 AN ORDINANCE APPROVING THE RECORD PLAT OF KINDER LYNWOOD TOWNHOUSES NO. 1 The first reading of BILL NO. 03-138 was approved upon Ms. Ritter's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-142 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF KINDER LYNWOOD TOWNHOUSE NUMBER 2 The first reading of BILL NO. 03-142 was approved 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. 03-140 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE BY ESTABLISHING HANDICAP PARKING IN THE 700 BLOCK OF JEFFERSON AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 03-140. Following discussion by the Council, the motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-141 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE PEDESTRIAN BRIDGE OVER MISSOURI ROUTE 74 AT ELLIS STREET IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-141 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. 03-143 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ROCK CREEK MEADOWS SUBDIVISION The first reading of BILL NO. 03-143 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. BILL NO. 03-144 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF R & M SECOND SUBDIVISION Proceedings of the City Council, City of Cape Girardeau, Regular Session August 18, 2003 T00111195 The first reading of BILL NO. second, and the following vote White. Nays, none. am 194 03-144 was approved upon Mr. Hopkins' motion, Mr. Herbst's Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, BILL NO. 03-145 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF A RESUBDIVISION OF LOTS 3 & 4 IN MT. AUBURN SUBDIVISION #3 The first reading of BILL NO. 03-145 was approved upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-146 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF MRW RETAIL SHOPPING CENTER LOTS 1 & 2 The first reading of BILL NO. 03-146 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. 03-148 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE E OF SECTION 26-283 OF THE CITY CODE, BY REPEALING THE FOUR-WAY STOP SIGNS AT MT. AUBURN ROAD AND INDEPENDENCE STREET AND AMENDING SCHEDULE H OF SECTION 26-126 OF THE CITY CODE, BY PLACING ELECTRIC TRAFFIC CONTROL SIGNALS AT MT. AUBURN ROAD AND INDEPENDENCE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-148 was approved upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-149 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE, BY PLACING YIELD SIGNS AT THE INTERSECTION OF MT. AUBURN ROAD AND INDEPENDENCE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-149 was approved upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-139 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ADMINISTRATIVE SERVICES WITH MARSHALL & ILSLEY TRUST COMPANY, N.A., FOR THE CITY OF CAPE GIRARDEAU SECTION 125 CAFETERIA PLAN Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 1 R, 2fifi3 195 T00111195 The reading of BILL NO. 03-139 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-139 is RESOLUTION NO. 1912. Mr. Hopkins questioned whether there are local companies that offer this service, and Ms. Ritter questioned whether the city could manage its own program. Mr. Leslie responded that staff would check into whether the City was required to use this type of outside organization to manage a tax savings plan to receive the tax benefit. In addition, the City will review the bid process when this contract comes up for renewal in December of 2004. BILL NO. 03-147 was presented as follows: A RESOLUTION ADOPTING THE CITY OF CAPE GIRARDEAU MINIMUM RESIDENTIAL PROPERTY REHABILITATION STANDARDS FOR THE COMMUNITY DEVELOPMENT BLOCK PROGRAM The reading of BILL NO. 03-147 was approved and the resolution adopted upon Ms. Ritter's motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-147 is RESOLUTION NO. 1913. The improvements completed for the widening of William Street from Sprigg Street to Main Street were accepted, and final payment to Nip Kelley Equipment Co., Inc. was authorized upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Regarding the issue of fireworks, Mayor Knudtson stated that he felt the Council should set forth goals of what they would like to see in a fireworks ordinance. The City of Jackson addressed this issue in the form of a public hearing, and they have developed parameters to tighten their fireworks ordinance relating to sale and discharge around the fourth of July. Mayor Sander of Jackson reported to Mayor Knudtson that issues that Jackson Board is reviewing are (1) increase the age to purchase and possess fireworks; (2) reduce the time period to sell periods to one week prior to the 4"' of July; and (3) eliminate all aerial fireworks with a stick. He suggested that the City also hold a public hearing to receive input from the citizens. Mr. Chris Wheeler of Kinder Fireworks appeared and presented to the Council information and statistics regarding fireworks from the National Council on Fireworks Safety. He felt that fireworks safety needs to be actively promoted in this area during the time period that sales and discharge of fireworks are allowed. In addition, aerial devices encompass approximately 70 percent of total fireworks sales. Mr. Wheeler supported increasing the age to purchase and possess fireworks. Mr. Hopkins suggested that it may be beneficial for the Cities of Jackson and Cape Girardeau to hold a public hearing at a joint meeting to receive input from the citizens and retailers on this issue. Mr. White expressed concern regarding the age issue because he did not feel the age of purchase and possession is pertinent or is a solution because other people will buy fireworks for them. The Council discussed issues relating to fireworks, including sales, costs, injuries, and the feasibility of holding a public hearing. Following discussion, the Council directed staff to obtain information from other cities regarding costs, injuries, time of sale, safety programs, and banning fireworks altogether. In addition, the Council agreed to set a public hearing regarding fireworks Proceedings of Regular the City Council, City of Cape Girardeau, Mo. Session August 18, 2003 196 T00111195 r --foi tF October 6 City Council meeting, and city staff should present the requested information to the Council as it is received. There being no further business, Mr. Purcell made a motion, seconded by Mr. Hopkins, to adjourn to closed session for purposes of discussing personnel and property acquisition pursuant to RSMo. Section 610.021(2) and (3). The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Jay B Knudtson, Mayor Gayle L. Conrad, City Clerk