HomeMy WebLinkAboutCouncil.Minutes.08-18-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
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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.
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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
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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.
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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:
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Regular Session August 18, 2003 193
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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
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The first reading of BILL NO.
second, and the following vote
White. Nays, none.
am
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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
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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
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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