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HomeMy WebLinkAboutCouncil.Minutes.12-15-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 15, 2003 285 T00111195 REGULAR SESSION —DECEMBER 15, 2003 The Cape Girardeau City Council convened in regular session on Monday, December 15, 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. Father Ron Kiefer of St. Mary's Cathedral 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 property acquisition and litigation pursuant to RSMo. Sections 610.021(1) and (2) 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 December 1, 2003, regular and closed session 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. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Purcell thanked the Public Works Department for the opportunity to work with the leaf collection crew for one day. Mayor Knudtson thanked the City staff for the time and effort they put forth for the Bill Emerson Memorial Bridge dedication. Upon questioning by Mr. Herbst, Police Chief Steve Strong stated that the Missouri Department of Transportation has been contacted to secure the old bridge to prevent people from walking on it, and violators will be prosecuted for trespassing. Mayor Knudtson announced that the joint meeting with the Jackson Board of Aldermen will be held January 26 in Jackson, and the fireworks issue will be one of the discussions. Mayor Knudtson also stated that at the annual Board of Realtors Christmas party he presented the Lifetime Achievement Award to Thomas L. Meyer for his service to the community. Mr. John Mehner, President of the Cape Girardeau Chamber of Commerce, appeared and stated that in April of 2003, the City Council agreed to enlist the services of Northstar to complete a study on tourism for the City of Cape Girardeau. The study is now complete and is being presented to the Council. Mr. Chuck Martin, Director of the Convention and Visitors Bureau, reviewed the findings of the study. Northstar developed a brand print of Cape Girardeau, including what attracts people to the city, what prevents people from coming to Cape, and business building ideas for the city. Mr. Eldon Nattier appeared in support of a special use permit for a bed and breakfast at 627 South Sprigg Street. BILL NO. 03-209 was given second and third readings as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 15, 2003 286 700111195 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ELDON G. NATTIER AND JAMES F. COLEY FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A BED AND BREAKFAST AT 627 SOUTH SPRIGG ST., IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NO. 03-209 were approved and the ordinance 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. 03-209 is ORDINANCE NO. 3254. Mr. Eugene Holloway appeared in support of actions relating to Arbor Heights Second Addition. He requested by letter that the ordinance approving the record plat be given three readings at this meeting to allow individuals to close on lot purchases by the end of the calendar year. He explained that the weather has delayed this project, and property owners would like to start construction in February. Upon questioning by the Mayor, City Manager Doug Leslie explained that the sewers needed on Perryville Road would actually connect into Phase I, and approval of Phase 11 will not affect the properties owned by Ms. Holdman and Mr. McDowell. There have been concerns by staff and surrounding property owners regarding improvements in Phase I; however, these issues are being addressed. The Council discussed the provisions of the City Code regarding emergency readings of ordinances. The Mayor and Mr. Purcell commented that by having readings at separate meetings, this allows time for others to comment on the issue. Mr. Holloway stated he was simply making the request to accommodate the requests of the property owners. In addition, he stated that two property owners had submitted building plans in order to speed up the building process; however, he claimed city staff refused to review the plans until the record plat was approved. City Planner Kent Bratton explained that the Planning and Zoning Commission approved the record plat of Arbor Heights Phase II in August of 2003; however, corrections were not received until December. He explained that the property owners should be allowed to submit plans prior to having possession of their lot, and then the building permit can be issued once the record plat is approved. Staff will look into this matter. BILL NO. 03-214 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ARBOR HEIGHTS SECOND ADDITION The first reading of BILL NO. 03-214 was approved upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, none. Mr. White abstained for financial reasons because the development is adjacent to property he owns. BILL NO. 03-213 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH STAGE DEVELOPMENT, LLC, AND FIRST NATIONAL BANK FOR ARBOR HEIGHTS SECOND ADDITION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 15, 2003 287 T00111195 The reading of BILL NO. 03-213 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. Nays, none. Mr. White abstained for financial reasons because the development is adjacent to property he owns. BILL NO. 03-213 is RESOLUTION NO. 1930. Mr. Paul Davis appeared in support of a request for establishing "no parking at anytime" on a portion of Dunklin Street. He discussed traffic problems in the 1700 block of Dunklin, including illegal parking, speeding traffic and numerous accidents at the intersection with Penny Street. In addition, there is one home on the street, which is occupied by 12 to 15 college students who continually cause noise disturbances and traffic problems. He reviewed the petition he previously submitted to the City Council, which indicates that approximately 70 percent of the property owners on the street request no parking at anytime on one side of the street. Following discussion, Mr. Purcell made a motion, seconded by Mr. Hopkins, directing city staff to prepare an ordinance for the next agenda establishing no parking at anytime on one side of the street in the 1700 block of Dunklin Street. Mr. Purcell also requested that a traffic study be completed on this street, and he encouraged the residents to appear at the next meeting to voice their opinion on this issue. The motion was discussed upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The following bills were given second and third readings: BILL NO. 03-203 AN ORDINANCE AMENDING SECTION 27420) OF THE CITY CODE RELATING TO TRAVEL TRAILER CAMPS BILL NO. 03-201 AN ORDINANCE ADOPTING A NEW SECTION 29-133 OF THE CITY CODE RELATING TO PRIVATE SEPTIC SYSTEMS The second and third readings of BILL NOs. 03-203 and 03-201 were approved and the ordinances 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. 03-203 is ORDINANCE NO. 3255; BILL NO. 03-201 is ORDINANCE NO. 3256. BILL NO. 03-211 was given first reading as follows: AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE IMPROVEMENT OF AN ALLEYWAY RUNNING FROM FIFTH STREET TO JOHNSON STREET, BETWEEN MAIN STREET AND WATER STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR The first reading of BILL NO. 03-211 was approved upon Ms. Ritter's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-212 was given first reading as follows: AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE IMPROVEMENT OF AN ALLEYWAY RUNNING FROM NEW MADRID STREET TO MISSISSIPPI STREET BETWEEN WEST END BOULEVARD AND ILLINOIS AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR Proceedings of the City Council, Regular Session City of Cape Girardeau, Mo. December 15.2003 288 The first reading of BILL NO. 03-212 was approved upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-220 was given first reading as follows: AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE IMPROVEMENT OF MT. AUBURN ROAD FROM MISSOURI ROUTE K NORTH TO INDEPENDENCE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF TAX BILLS THEREFOR The first reading of BILL NO. 03-220 was approved upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-218 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, AMENDING CERTAIN SPEED LIMITS ON SOUTHERN EXPRESSWAY FROM KINGSHIGHWAY TO CAPE LACROIX CREEK, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-218 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. Upon questioning by the Mayor, Police Chief Steve Strong explained that this ordinance changes the speed limit on the Old Highway 74 due to increased businesses and increased traffic in the area. BILL NO. 03-217 was given first reading as follows: AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM THE SOUTHEAST MISSOURI UNIVERSITY FOUNDATION FOR THE RIGHT OF WAY FOR FOUNTAIN STREET BETWEEN MISSOURI ROUTE 74 AND MORGAN OAK STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-217 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. 03-219 was given first reading as follows: AN ORDINANCE APPROVING A RECORD PLAT OF SHAWNEE CENTER The first reading of BILL NO. 03-219 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-216 was presented as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 15, 2003 289 T00111195 A RESOLUTION AUTHORING THE CITY MANAGER TO EXECUTE A PREMISES AND EQUIPMENT LEASE FOR THE RESTAURANT LOCATED AT THE CAPE GIRARDEAU REGIONAL AIRPORT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 03-216 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. 03-216 is RESOLUTION NO. 1931. BILL NO. 03-221 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ALLIANCE BLUE CROSS FOR EMPLOYEE HEALTH INSURANCE SERVICES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 03-221 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. 03-221 is RESOLUTION NO. 1932. Heather Brooks, Assistant to the City Manager, summarized the review process the staff and CBIZ went through to develop a health insurance program for the employees. There will be a five percent increase to employees for dependent coverage. There were also be three changes to the health insurance program, including a change in the stop loss provision from $75,000 to $100,000, a change in the drug co -pay, and a change in the office visit co -pay. BILL NO. 03-222 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DELTA DENTAL FOR EMPLOYEE DENTAL INSURANCE SERVICES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 03-222 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. 03-222 is RESOLUTION NO. 1933. BILL NO. 03-215 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NIP KELLEY EQUIPMENT COMPANY FOR THE RIVER FRONT TRAIL PHASE II, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 03-215 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. 03-215 is RESOLUTION NO. 1934. City Engineer Mark Lester reviewed the project scope for Phase I and Phase II of this project. This project is funded by a 80/20 T-21 grant through the Missouri Department of Transportation. Mr. Tim Pinkley was appointed to the Board of Examiners for a term expiring January 1, 2007, upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Purcell made a motion, seconded by Mr. Herbst to waive the term limit requirement by finding that special expertise is required for the Board of Examiners and appoint Leonard Jansen for a term expiring January 1, Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 15, 2003 290 _ T00111195 --- 2007. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Timothy Arbeiter, Ms. Nancy Jernigan, Mr. Todd Miller and Ms. Laura Ritter were appointed to the Vision 2020 Community Relations Council upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. White made a motion, seconded by Mr. Herbst, to grant an out -of -district sewer connection to Gwenn Freitag at 2984 County Road 620, LaCroix Pet Hospital, connecting to Trunk Sewer District No, 14. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Regarding discussion on fireworks, the Mayor indicated that no action is required at this time, but the Council needs to discuss this matter and develop a general direction in preparation for the joint meeting with the City of Jackson. He indicated that he had talked with Paul Sander, the Mayor of Jackson, and he has suggested taking one step at a time. Jackson has not prohibited bottle rockets as Cape has done. The Council discussed age restrictions for possession and discharge of fireworks, restrictions on specific types of fireworks including aerial devices, the addition of definitions for specific types of fireworks, and shortening the time period for sale and discharge of fireworks. Following discussion the council generally agreed to the following proposed changes in the fireworks ordinance: (1) shorten the time to sell and discharge fireworks to one week prior to July 4; (2) change the age to purchase, possess or discharge fireworks to 17 years of age; and (3) further restrict the use of aerial devices. The Council directed city staff to make these changes to the draft ordinance and then submit them to the City of Jackson for their review prior to the joint meeting. The Council then discussed revenue issues affecting the city. Mr. Hopkins pointed out that health insurance premiums will go up $190,000 this coming year, and a two percent increase in sales tax will only bring in an additional $150,000, which leaves $40,000 for the city to cover. Mr. Herbst commented that Public Safety is one of the key issues to be addressed, and the city needs to consider the one-quarter cent fire sales tax. He had considered a possible sunset provision; however Public Safety needs will never go away, and a steady revenue stream is needed for this purpose. The Mayor stated that the Council should consider a sunset provision. The Council then discussed issues relating to a sunset provision and how this would affect the overall needs of the city. Mr. Leslie explained the Fire Sales Tax that is allowed by the State of Missouri and what it can be used for. In the April 2003 election, this sales tax received the most favorable vote although it was not approved. He explained the timeline to place a tax on the April 2004 ballot. The Mayor expressed concerns regarding this tax but questioned whether the staff could develop options with a ten-year sunset that would address critical needs. Mr. Leslie explained that ten years is the minimum time needed to address capital equipment and salary needs. Fire trucks cost approximately $450,000 each, and a new fire station could be constructed with a ten-year bond issue and paid with the fire tax revenue. It would need to be structured knowing that it may not be renewed in ten years. The City Council further discussed this tax issue, questioned how much revenue this would bring to the city annually, and whether several proposals could be reviewed both with and without a sunset provision. In addition, they discussed how the revenue shortfalls affect all departments in Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 15, 2003 291 T00111195 addition to Public Safety and how a package needs to be developed to address all critical needs of the city. Following additional discussion, the Council directed the city staff to develop a list of critical needs, where the city currently is in addressing those needs, and a recommendation for addressing the revenue shortfall. In addition, a list of needs should be identified showing which could be supported by a one-time revenue and which would require a reoccurring revenue. This information should be presented for review at the next city council meeting. Regarding Arbor Heights Second Subdivision, Inspection Services Director Robb McClary stated that his office will review building permit plans before the record plat is approved. It generally takes his office an average of five days to review a residential building plan. He will contact Mr. Holloway regarding this matter. Mr. Hopkins announced that the report from the Nuisance Abatement Team will be discussed at the next City Council meeting. There being no further business, the meeting adjourned upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Jay B. udtson, Mayor Gayle ` Yonrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. 7001,,,95 Session THIS PAGE INTENTIONALLY LEFT BLANK. 292