Developers riled over proposed Cape ordinance

A proposed ordinance changing the rules for construction of sidewalks in Cape Girardeau subdivisions has local developers fuming and city officials scrambling for answers.

The ordinance approved unanimously by the city council at the first reading on Dec. 5 would require developers to install sidewalks or escrow the money before construction begins on homes. The ordinance has caused so much acrimony that city engineer Jay Stencel held a special meeting with local builders Friday morning.

Stencel and Mayor Jay Knudtson will recommend that the ordinance be tabled at tonight's council meeting so the two sides will have time to find common ground.

Critics say the proposal would result in homeowners paying double the cost for sidewalk construction because the sidewalks will be destroyed when builders move in heavy machinery for the home building.

Local contractor and builder Mike Annis says the cost of this ordinance would hurt consumers more than anyone else. "I would estimate this is going to cost 500 to 600 extra dollars per lot," he said. "The problem is with putting the sidewalks in first. Because when these things are in and we're still working on building the subdivisions, the concrete companies and everyone else have to cross that to get to the house and I guarantee there's going to be some damage."

Knudtson said he wants to do what he can to accommodate the builders. "We owe it to them to be as business-friendly as possible," he said. "Where we agree is this: the developers I've talked to are 100 percent for sidewalks and for me that's non-negotiable. We're going to put sidewalks in this town; it's just a matter of how."

Stencel says city officials never envisioned this outcry when they drew up the new ordinance.

"We were just trying to address a situation where we had gaps in sidewalks and sometimes we had people ready to move into their homes and then getting a surprise that they either had to wait a couple of weeks or pay more money because their sidewalks hadn't been completed," Stencel said.

Under the current system, builders often install sidewalks on a lot by lot basis leaving gaps in the coverage. Stencel sites Forest Hills as an example of a subdivision where sidewalks were not completed.

Mitch Kinder, a local home builder who has worked on Randol Farms and Timber Creek subdivisions, objects to the one-size-fits-all approach to development. "The city wants to require developers to put sidewalks on every single street," he said, "even if it's a cul-de-sac with only four or five homes and doesn't warrant sidewalks." Kinder also wonders why the city does not apply the same standards to its own projects. He points out that Lexington Road has sidewalks on one side only and a proposed expansion of Mount Auburn Road only calls for sidewalks on one side.

"They say they have limited resources," Kinder said, "but I say I have limited resources also and they're just not implementing the rules fairly."

Local builder Eric Marquart was particularly vocal during Friday's meeting. "What you're doing is passing the responsibility buck onto us," he said, "I know a lot of cities just have agreements between the city and the contractors and they've never had a problem. This requirement is far stricter than anywhere else."

It seems that whatever the solution is, someone will be unhappy. "I can't envision us solving this without some cost involved," Stencel said, "I just don't want it to be a big cost."

It is important to note that under the current system, developers have the option to escrow, or set, money aside in an account to assure sidewalks get built. Developers do not like escrowing because the accounts zap funds they often need in order to start construction.

tgreaney@semissourian.com

335-6611, extension 245