HomeMy WebLinkAboutCouncil.Minutes.01-05-2004.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
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REGULAR SESSION — JANURY 5, 200 4
The Cape Girardeau City Council convened in regular session on Monday, January 5, 2004, 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.
Rev. Paul Kabo of First Presbyterian 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
property acquisition and litigation pursuant to RSMo. Section 610.021(1) and (2) upon Ms.
Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst,
Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
The minutes of the December 15, 2003, regular and closed sessions and the December 17, 2003,
special 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, Mr. Purcell's second, and
the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays,
none.
Mayor Knudtson reported on the following:
1. He reminded the Council that the joint meeting with the Jackson Board of Aldermen is
scheduled for January 26. Regarding the issue of fireworks, he stated information has been
received from the City of Jackson, and this issue should be placed on the January 20 agenda for
discussion. City Manager Doug Leslie reported he spoke with Jackson's City Administrator, and
the Board of Aldermen agrees with the age restriction and the time of sale. However, the Board is
looking more to limiting fireworks on a stick instead of prohibiting all aerial devices.
2. He attended the deployment ceremony for the 1140"military unit at the Arena Building, and he
wished all well on their service.
3. The annual City Council retreat is scheduled for early Spring. He asked each Council member
to write down any suggested changes they may have or issues they would like discussed. He
suggested that there possibly be two retreats each year with one focusing on the budget and the
other on the mission and future planning for the city. The retreat is tentatively scheduled for
March 19.
4. Regarding the new Bill Emerson Memorial Bridge, MoDOT has reported that foot and bicycle
traffic is acceptable on this bridge, but there are concerns with pedestrians on the old bridge.
5. He reported that Inspection Services Director Robb McClary is again hospitalized for medical
reasons, and the Council's prayers are with him.
Mr. Leslie reported that City Clerk Gayle Conrad had received her designation as a Certified
Municipal Clerk from the International Institute of Municipal Clerks.
This being the date set for a public hearing regarding the request of Gwenn Freitag, DVM to
rezone 2984 County Road 620, currently in the process of annexation into the city limits of Cape
Girardeau, from R-1, single family dwelling district, to C-2, general commercial district, the
hearing was opened. There being no appearances, the hearing was closed.
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BILL NO. 04-3 was given irst rea mg as follows:
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AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI,
UPON THE REQUEST OF GWEN L. FREITAG
The first reading of BILL NO. 04-3 was approved upon Mr. Herbst's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
BELL NO. 04-2 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF LOTS (1),
TWO (2) AND THREE (3) OF PEACEABLE ACRES SUBDIVISION, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU
The first reading of BILL NO. 04-2 was approved upon Mr. Hopkins' 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 proposed amendments to the zoning
ordinance relating to the definition of "family," the hearing was opened. Upon questioning by Ms.
Ritter, City Planner Kent Bratton reported that the Planning and Zoning Commission reviewed this
change and approved it unanimously. It tightens up the definition of family to insure there is no
overcrowding in residential areas. There being no appearances, the hearing was closed.
BILL NO. 04-8 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 30-2 OF THE CITY CODE RELATING TO
ZONING DEFINITIONS
The first reading of BILL NO. 04-8 was approved upon Mr. Purcell's motion, Ms. Boardman's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
Nuisance Abatement Officer Aaron Baughn reported on the findings and recommendations of the
Nuisance Abatement Team. The proposed ordinance changes will allow the city to more actively
pursue renters and owners on weed and nuisance complaints as well as limit the number of cats
and dogs allowed in a residentially zoned area. He reported on the number of nuisance and animal
complaints in 2003. Mayor Knudtson reported this issue was discussed in the study session, and
the Council agreed a public hearing on these issues would be appropriate to receive input from the
public.
Mr. Paul Davis, 1737 Dunklin, appeared in support of the petition he previously submitted
requesting no parking on the north side of the 1700 block of Dunklin Street. Nineteen of 24
property owners signed the petition. He reported on traffic incidents he has witnessed on this
block of Dunklin as well as the number of cars that park and travel this street.
BELL NO. 04-1 was given first reading as follows:
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AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE
BY ESTABLISHING NO PARKING ALONG PORTIONS OF DUNKLIN STREET, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 04-1 was approved upon Mr. Purcell's motion, Mr. Hopkins'
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none.
Dr. Roy Meyer appeared in support of the ordinance calling an election for a one-quarter cent Fire
Sales Tax. He explained that in April his son was involved in a wreck with a cement truck, and it
took two and one-half hours to extract him from the vehicle partly due to the Fire Department not
having enough money to purchase appropriate extrication equipment. He stated that the Fire
Department saved his son's life, and he urged the Council to place the Fire Tax on the April ballot.
He thanked the Fire and Police Departments for their hard work, and if the issue is not placed on
the ballot, then the lives of the citizens and Fire and Police employees could be in jeopardy.
Mr. Nelson Sparks, 301 S. Lorimier, appeared regarding the recent shooting at The Taste Lounge.
He has record of 17 police calls to this location since October 11, 2003. The city presently does
not have an ordinance regulating after hours clubs. The City and the owner, Patrick Buck, have
taken steps to prevent parking in front of the business and to keep patrons inside the premises;
however, they are not working. He discussed noise violations that are occurring in this and the
surrounding area, and questioned whether the noise ordinance was being enforced. He stated that
the situation in this neighborhood is getting worse, and he requested the Council close the
establishment. This should not be in a residential area or in the City of Cape Girardeau.
Ms. Dana Cotner appeared regarding the traffic and noise problems in the area of The Taste
Lounge. On Friday and Saturday nights there is a parade of cars that travel a square pattern
through the neighborhood and the noise and music continues through the night. She stated that the
noise ordinance needs to be enforced and the parade of cars needs to be stopped.
Ms. Peggy Winchester, 200 block of Goodhope, appeared and complained of the trash problems in
her neighborhood, and the no parking buckets that are being left for days by Mr. Buck. If The
Taste Lounge was not there, the people would not be there causing the problems. When the
establishment opened, there was a neighborhood meeting at the Police Sub -Station to discuss these
types of issues. Regarding alcohol in the club, Mr. Buck indicated he did not allow it in the
premises; however, he could not be everywhere at one time. She requested the establishment be
closed.
Ms. Kim Dodson, 300 Goodhope, appeared and stated she had also attended the meeting at the
Police Sub -Station. Mr. Buck had stated that if there were problems with The Taste Lounge, he
would close it down. She requested he stand by his statement. She requested the Council consider
blocking some streets and alleys to prevent the circle of traffic until something else can be done.
Mr. Patrick Buck, owner of The Taste Lounge, appeared and stated he does not sell liquor in his
establishment; however, people do sneak it in. The Police Department has monitored his location
in the past. He is working on the trash problems, but he cannot be in two places at one time.
There is another bar in the area that had a recent shooting, and the people did not complain. He
stated he felt this was a race issue because the people did not complain about the other bars that
had problems. Many of the complaints of the neighbors are not the fault of his business. The
individuals involved in the recent shooting were never in his business. He again stated he does not
sell alcohol, and he will gladly let the Police into his establishment.
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Ms. Winchester again appeared. She stated she is also opposed to the other bar in this area;
however, it has a liquor license and must close at 1:30 a.m. Since they have a license, the Police
have more control over what they do.
Upon the request of the Mayor, Police Chief Steve Strong reported there have been 17 calls for
service at The Taste Lounge since October of 2003. One was a founded noise complaint, one was
for a fight in the street, and many of the others were not substantiated. There were reports of
illegal activity inside the business, but these were not observed by the Police. The traffic problems
around the bar are different than the traffic problems of last summer at Morgan Oak and Ellis. The
barricades last summer were manned by Police Officers, and that was paid for from grant monies.
His overtime budget is now exhausted and no more grant funds are available to man barricades.
Ms. Boardman stated that one of the biggest problems is the noise. She questioned whether there
was a simple way to measure the noise in decibels. Chief Strong again stated this would be a
budget issue to purchase and staff the equipment. In addition, the area of The Taste Lounge is
zoned Commercial but abuts Residential areas. Therefore, there is a different expectation for the
level of noise.
Mr. Purcell and Mr. Herbst discussed some of the problems surrounding The Taste Lounge,
including the problems that occur outside the establishment. Mayor Knudtson questioned the
ability of Mr. Buck to control his business. He is obligated to control his premises, and it is his
duty to make sure the citizens in the area are safe. Mr. Buck responded that he will come back in
30 days if there are still problems outside the bar. He stated he will take care of the problems.
Mayor Knudtson expressed concern with the city's ability to control this situation. Bars are
regulated through liquor laws; however, this is an after hours facility that does not have a liquor
license, and more could potentially open in the future. He requested the city staff to review this
particular situation, including the number of calls and arrests in this area, and to develop options
for defining and regulating after hour facilities.
Upon questioning by Ms. Ritter, Captain Strong explained the difference between this situation
and the problems last summer at Morgan Oak and Ellis. He stated he will be looking into options
to address this situation and will be recommending ordinance changes to address after hours clubs.
Mr. Don Howard appeared and stated that the Police Department is not enforcing city ordinances.
Regarding the proposed Fire Tax, he stated he felt the Fire and Police Departments do not
appropriately respond to calls, and they need to shape up their act before this issue is voted on. He
stated there are many drug and noise related problems that need to be taken care of. Mayor
Knudtson responded that many of his issues deal with manpower problems. He asked Mr. Howard
to listen to the discussions on the sales tax issues from a public safety standpoint.
The following bills were given second and third readings:
BILL NO. 03-211 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
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BILL NO. 03-212 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
BILL NO. 03-220 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 BELLS THEREFOR
BILL NO. 03-214 AN ORDINANCE APPROVING THE RECORD PLAT OF ARBOR
HEIGHTS SECOND ADDITION
BILL NO. 03-218 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
BILL NO. 03-217 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
BILL NO. 03-219 AN ORDINANCE APPROVING A RECORD PLAT OF SHAWNEE
CENTER
The second and third readings of BILL Nos. 03-211, 03-212, 03-220, 03-214, 03-218, 03-217 and
03-219 were approved and the ordinances adopted upon Mr. Herbst's motion, Ms. Ritter'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. 03-214 because his residence
is adjacent to that subdivision. BILL NO. 03-211 is ORDINANCE NO. 3258; BILL NO. 03-212
is ORDINANCE NO. 3259; BILL NO. 03-220 is ORDINANCE NO. 3260; BILL NO. 03-214 is
ORDINANCE NO. 3261; BILL NO. 03-218 is ORDINANCE NO. 3262; BILL NO. 03-217 is
ORDINANCE NO. 3263; BILL NO. 03-219 is ORDINANCE NO. 3264.
BILL NO. 04-4 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO
AMENDED AND RESTATED COOPERATION AGREEMENT FOR ST. VINCENT
SEMINARY PROPERTY BETWEEN SOUTHEAST MISSOURI STATE UNIVERSITY AND
THE CITY OF CAPE GIRARDEAU
The first reading of BILL NO. 04-4 was approved upon Mr. Herbst's motion, Ms. Ritter's second,
and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White.
Nays, none. Mayor Knudtson thanked Mr. Leslie and all who worked to get this settled.
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BILL NO. 04-9 was given first Tea ing as 5I owl
AN ORDINANCE APPROPRIATING PROCEEDS OF THE CITY'S HOTEL/MOTEL TAX
TO PAY A PORTION OF THE COSTS OF OBLIGATIONS ISSUED FOR THE SOUTHEAST
MISSOURI STATE UNIVERSITY RIVER CAMPUS PROJECT
The first reading of BILL NO. 04-9 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. 04-6 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO
CLILA, LP, FOR A PORTION OF EXCESS RIGHT-OF-WAY FROM RANNEY AVENUE, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 04-6 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. 04-7 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 16-13 OF THE CITY CODE RELATING TO
ISSUANCE AND EXECUTE OF WARRANTS
The first reading of BILL NO. 04-7 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. 04-10 was given first reading as follows:
AN ORDINANCE ACCEPTING A PERMANENT ACCESS AND UTILITY EASEMENT
FROM JEROME R. ZIMMER AND MARY J. ZIMMER FOR EXTENSION OF THE WATER
DISTRIBUTION SYSTEM TO SERVE WHISPERING OAKS SUBDIVISION
The first reading of BILL NO. 04-10 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. 04-13 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MUNICIPAL
AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION
COMMISSION FOR IMPROVEMENTS ON ROUTE K FROM SIEMERS DRIVE TO MT.
AUBURN ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 04-13 was approved upon Ms. Ritter's motion, Ms. Boardman's
second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter,
White. Nays, none. Mayor Knudtson thanked the city staff and Scott Meyer for their cooperative
effort on the timing of this intersection. Upon questioning by Ms. Ritter, Mr. Leslie explained that
this project is being fully funded by MoDOT through their safety allocation funds.
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BILL NO. 04-11 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A STANDARD
LOAN AGREEMENT FOR A SKYHAWK AIRCRAFT WITH THE NATIONAL MUSEUM
OF NAVAL AVIATION
The reading of BILL NO. 04-11 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, White. Nays, none. BILL NO. 04-11 is RESOLUTION NO. 1935.
Mr. Leslie explained that the Pilots Club and the Airport staff have jointly worked on this project.
The only cost is hauling the aircraft to the airport and mounting it at the entrance, and the Pilots
Club is working on funding for this. The City will be responsible for maintaining the aircraft in its
present fashion.
BILL NO. 04-12 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH PINKERTON CONSULTING AND INVESTIGATIONS FOR
VULNERABILITY ASSESSMENT DEVELOPMENT AND EMERGENCY RESPONSE PLAN
UPDATE FOR THE CITY'S WATERWORKS DIVISION, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The reading of BILL NO. 04-12 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, White. Nays, none. BILL NO. 04-12 is RESOLUTION NO. 1936.
Mr. Leslie explained that this is a federal mandate under the Homeland Security Act to meet EPA
requirements. There are no grant funds available to fund the study. The contractor will develop a
recommendation and cost estimates to consider in the upcoming budget, and the findings will also
be submitted to the EPA.
A retail liquor by the drink license for Minkin Enterprises LLC d/b/a Caf6 Azu, 1315 Broadway,
Eric Viktor Minkin, Managing Officer, was conditionally approved upon Mr. Hopkins' motion,
Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,
Purcell, Ritter, White. Nays, none.
A 5% beer by the drink liquor license to Qing Hong Wu d/b/a Chinatown Buffet, 213 S.
Kingshighway, Qing Hong Wu, Managing Officer, was conditionally approved upon Ms.
Boardman's motion, Mr. Herbst'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.
The 6" water lines and booster station serving Whispering Oaks Subdivision were accepted into
the city's system contingent upon satisfactory testing of the water lines, upon Mr. White's motion,
Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,
Purcell, Ritter, White. Nays, none.
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A request of Marquette Office Building LLC for an extension of time for the Marquette Hotel and
Parking Project was approved upon Mr. Herbst's motion, Ms. Ritter's second, and the following
vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
The effluent from a sanitary sewer to serve a tract of land located east of Silver Springs Road
between Bloomfield Road and Missouri Highway 74 was accepted into the city's system upon Mr.
Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst,
Hopkins, Knudtson, Purcell, Ritter, White. Nays, none.
The street, storm and sanitary sewer, and water improvements as shown on the plans approved for
Arbor Heights First Subdivision were accepted, and partial release of escrow in the amount of
$150,737 was authorized 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 because his residence is adjacent to this subdivision.
An out -of -district sewer connection to Ruth Ellen Holdman at 2309 Perryville Road and Robert
McDowell at 2303 Perryville Road, connecting to Sewer District 14-R-3, Arbor Heights
Subdivision, was granted 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. 04-5 was given first reading as follows:
AN ORDINANCE PROVIDING FOR A SALES TAX IN THE AMOUNT OF ONE-QUARTER
OF ONE PERCENT FOR THE PURPOSE OF PROVIDING REVENUES FOR THE
OPERATION OF THE CAPE GIRARDEAU MUNICIPAL FIRE DEPARTMENT AND
CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE
QUESTION OF WHETHER TO IMPOSE SUCH SALES TAX
Mr. Hopkins made a motion, seconded by Ms. Boardman, to approve the first reading of BILL
NO. 04-5. Mayor Knudtson stated that the three options for this issue are to place it on the ballot
in April, August, or not at all. To put it on the April ballot, the first reading of the ordinance must
be approved at this meeting, and any amendments could be made at a future meeting.
Mr. Leslie reviewed a program that would use the Fire Tax to benefit the Fire Department and
indirectly address the needs of the Police and other departments. In developing a program, the
staff reviewed the core needs identified in the Citizens Finance Task Force's findings and
recommendations and found that they had not changed. The Fire Tax was the top vote getter in
the last election, and it could address the most significant needs. There are two components to be
addressed: capital and operating needs. He reviewed the projects that make up the annual capital
costs of $1 million. PFA bonds would be issued to pay for the capital equipment and facilities,
and the proceeds of the tax would be used to retire the bonds over a 10 year period. The largest
change in capital costs from last April is renovating the Police Station instead of doubling the size
of the station. He then reviewed the operating needs of $1 million annually. They included
adjusting salaries to make them competitive with other agencies, upgrading communications
equipment, and adding three firefighters to eliminate Fire Department overtime. Because of the
pay-off of the Show Me Center Bonds, property tax rates are reduced this year by 21 percent. The
approximate cost of the Fire Tax would be $44 annually per household, the savings from the Show
Me Center Bonds is $20 annually per household and with the changes to the Fire equipment, this
could reduce the ISO rating to 3 which reduces insurance costs to property owners. This tax
would also help to free up $597,000 in the general fund to allocate to other general fund expenses.
Upon questioning by Mr. White, Mr. Leslie explained that the only other significant revenue
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allowed under State Statutes is a one-half cent Parks and Stormwater Tax; however, this could
again raise concerns regarding a water park. The only remaining available taxes are the use tax,
property tax extension or addition, and stormwater/park tax. All state programs for stormwater
improvements have been frozen due to state budget cuts. Mr. Purcell questioned whether approval
of this tax would address all the equipment needs through the equipment replacement fund. Mr.
Leslie further explained that the equipment replacement fund is not fully funded, but it has been
used to replace some equipment that has run its life. Annual lease payments are not anticipated to
be made to the equipment replacement fund on equipment purchased by the proposed sales tax.
As a result, funds would not be available in the equipment replacement fund to replace equipment
purchased through this tax. The Council discussed the current status of the fire and police
equipment and how it could affect the ISO rating.
Mr. Purcell commented that he agrees the tax is needed but does not agree with how the city got to
this point. The City needs to act in a more aggressive manner and address budget cuts, including
service cuts if necessary. He was concerned that if something is not done with controlling the
budget, the city will end up back in the same place even if the tax is approved. He suggested the
city prioritize the needs of the city, including Police and Fire, and then fund the priorities as the
city is able. Mr. Purcell stated that in order to endorse this Fire Tax package, he requested a
commitment from the Council to reduce the expenses of the City by a certain amount or
percentage.
Mayor Knudtson stated he felt the City has made a good case to the citizens for the critical needs.
The most important areas need to be identified and funded. The salaries of positions that are not
paid equitably in the market should be addressed first, and the biggest needs are in the Fire and
Police Departments. The salary needs cannot be addressed by simply cutting the trash service, for
example. The Police Department is not able to hire qualified applicants at the current salary level.
In addition, by imposing a sunset on the tax, accountability is also imposed on the city. The
Council needs to approve a proposal that will be supported and approved by the voters.
Mr. Hopkins stated that the staff has been judicious with the revenues but there have been many
uncontrollable expenses over the past ten years, including health insurance.
Ms. Ritter commented that there is no way to put a sunset on a revenue source which funds
ongoing operating expenses of $10 million over ten years and expect the city to come up with $10
million at the end of the ten years. The City should not sunset something that is going to grow.
Regarding health insurance costs, the only ways to control costs are to shift the costs to the
employees or reduce the benefits to the employees.
Mr. Purcell responded that he knows there are uncontrollable expenses, but the city should also be
able to control some of its bills. The general revenue expenses should be prioritized and only the
essential services should be funded. Small alterations have been made, but there have been no
gains in the budget.
Mr. Leslie explained that the staff has been cutting and reducing expenses for quite some time. To
get significant reductions in the budget, the Council would have to consider service reductions.
These are hard policy decisions that must be made by the Council to determine which services are
most essential.
Mayor Knudtson stated that in May of 2003 there was a citizen meeting to receive input from the
public regarding the failed tax proposals. He reviewed several of the comments from this meeting
and stated the Council needs to consider a proposal that will be the most successful. The way for
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f this proposal to be successful is to impose a sunset provision. He stated he felt that the city could
find the money at the end of the ten years to cover the ongoing expenses funded from the Fire Tax.
The Council members discussed issues relating to a ten-year sunset provision, including the
possibility of placing a sunset provision on half of the proposed one-quarter cent tax. Mr. Purcell
reviewed a list of items that were presented in early 2002 that could help reduce city expenses.
Mayor Knudtson stated he felt that no sunset on the tax will impede approval of the tax. The
original motion to approve the reading of BILL NO. 04-5 was approved upon the following vote:
aye, Boardman, Herbst, Hopkins, Knudtson, Ritter, White. Nays, Purcell. Mr. Purcell stated he
voted against the proposal because the Council did not make a commitment to reduce the budget.
Mr. Hopkins requested from city staff a report showing the annual percentage increase in the
operating budget over the last ten years with an explanation for each increase. The Council agreed
to hold a special City Council meeting on January 13 at 6:00 p.m. to consider the second and third
readings of BILL NO. 04-5.
There being no further business, the meeting adjourned upon Mr. Hopkins' motion, Ms.
Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson,
Purcell, Ritter, White. Nays, none.
4udtson, Mayor
Gayle L. Conrad, City Clerk