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HomeMy WebLinkAboutCouncil.Minutes.12-16-2002.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular session December 16, 2002 35 700111195 REGULAR SESSION — DECEMBER 16, 2002 The Cape Girardeau City Council convened in regular session on Monday, December 16, 2002, 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 invocation was presented by Council Member Hugh White, 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, legal actions, causes of legal action, litigation and privileged communications with its attorneys pursuant to Section 610.021(1) and (2) of the Revised Statutes of Missouri, upon Mr. Hopkins' motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The minutes of the December 2, 2002, regular and closed sessions were approved upon Mr. White's motion, Mr. Hopkins' 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. Purcell'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 to consider adoption of proposed building codes, including the 2000 International Codes and the 2002 National Electrical Code, the hearing was opened. Inspection Services Director Robb McClary presented a summary of issues relating to adoption of the codes. He recognized Janet Sanders, Building and Planning Supervisor and Jim Trickey from the City of Jackson, and Jim Wibbenmeyer, Building Inspector, from the City of Perryville. Mr. McClary explained that the purpose of the building codes is for protection of life and property. He pointed out two major items that will impact new construction. The first relates to seismic requirements for new residential structures. The Board of Appeals is not recommending an exemption from seismic standards for new residential structures, which is a change from what is presently in place. The second major impact relates to electrical requirements. Arc fault circuit interrupters (AFCI) would be required in addition to ground fault circuit interrupters (GFCI), and smoke detectors would be required in all bedrooms. Mr. McClary also discussed fire separation requirements to convert a duplex to a townhouse, and emergency egress from a habitable room in the basement of a residential structure. Mr. Gary Arnold appeared and discussed three issues. First, he stated that the exemption for seismic standards for residential structures should not be repealed as this would add $4,000 to $10,000 to the cost of a home. Second, since many homes do not have a walkout basement, it would be impossible to have egress on these homes. This would prevent many residents from finishing the basements of their homes. If the city feels it is a liability, then the property owner should be allowed to sign a waiver to the city. Third, regarding electrical requirements, the AFCI and the addition of smoke detectors to each bedroom would cost $400 to $500 per home. Mr. Mike Annis, a member of the Board of Appeals, discussed the requirements of an egress window from habitable rooms in the basement of a home. He stated that the most effective type of residential structure is a quad or tri -level; however, this area would not longer be habitable. On a split-level home, an egress window could be installed from the basement but the 44" seal height could not be met. He supported placing smoke detectors in all bedrooms. Proceedings of the City Council, Regular Session _ City of Cape Girardeau, Mo. December 16, 2002 36 T00111195 Mr. Larry Haertling appeared and expressed concerns with seismic standards. Clients will not be willing to pay additional money for seismic requirements on a home without getting a credit on homeowners insurance. He questioned why he was required to get architectural drawings for seismic standards for a garage addition to a three -unit townhome. Mr. Haertling stated he would not be able to cover the additional costs to meet seismic standards for rental property. Mr. Brad Haertling appeared and questioned what caused the introduction of the new building codes. He stated that he was not aware of any occurrences such as electrical fires or fires in a basement that would warrant these changes. The contractors bear the liability for quality construction, and he did not see any additional liability to the City. It was his opinion that architectural plans for seismic and wind shear requirements would add $1,500 to $2,000 to construction costs for a home. In addition, he appeared before the Planning and Zoning Commission regarding the issue of townhomes. They are not duplex or multi -family, and there needs to be a new zoning classification. Mr. Bob McDonald appeared and stated he does not build many homes, but mostly commercial. He suggested there be a meeting with the contractors and the City Council without the television and Inspection Services staff present so the Council can be made aware of existing problems. Mr. Herb Annis requested that the Inspection Services staff outline the requirements of the seismic standards and the paperwork that would be involved. State Statutes do not require a design professional for residential property. Mr. Steve Le Grand appeared and stated that seismic standards for residential structures would be cost prohibitive. He supported AFCI in new construction but would be cost prohibitive for a remodel or expansion of a present home. Regarding emergency egress from a basement, since the size requirements for the opening are so large, a contractor may as well put in a door, which causes additional problems. He requested the Council consider not adopting the seismic and emergency egress requirements. At the request of Mayor Knudtson, Ms. Janet Sanders from the City of Jackson appeared. She explained that when the City adopted the 1995 CABO Code, Jackson did not waive the seismic requirements like Cape did; therefore, they are not facing this opposition. Jackson does require seismic standards for residential structures; however, architectural drawings are not required. In addition, smoke alarms in all bedrooms have been required since adoption of the 1995 code. Mr. Wibbenmeyer of the City of Perryville stated that they have been reviewing the new codes for the past two years, but the Board decided to review the codes again with the architects and engineers. The biggest motivator to adopt the new codes is the life safety issue. A habitable basement does need to have egress either by way of a door or window. In addition, Perryville's Board is also reviewing requirements of brick veneer and limiting it to a one-story dwelling. Mr. Mike Jones of Cape Custom Homes appeared and requested the Council explain the difference in the seismic work that must be completed on a residential structure so he can review the additional costs that would be involved in constructing a home. Mr. Tony Sebek appeared and stated there are some misconceptions on seismic standard requirements for residential structures. The 1995 CABO Code addressed seismic standards for foundations and wall tie -downs; however, the Council, at that time, exempted seismic standards from residential structures. If a home is built with good construction , he felt seismic standards are Proceedings of the City Council, City of Cape Girardeau, Mo. Reuular Session December 16, 2002 37 T00111195 not necessary. Regarding habitable areas in the basement of a home, a basement door or egress window can be installed without it being cost prohibitive. Upon questioning by Mr. Brad Haertling, Mr. McClary explained that an architect/engineer's seal would not be required for seismic standards for one and two-family residential structures. There being no further appearances, the hearing was closed. Mayor Knudtson stated there are many misconceptions and questions regarding adoption of these codes, and he felt it would be good for the Board of Appeals to have a meeting with the contractors to discuss these concerns. He questioned whether there should be a comparison of building requirements of cities in the surrounding area as well as anticipated costs associated with these proposed changes. Mr. McClary stated he will hold a public hearing before the Board of Appeals on this matter and will publish notices of this meeting inviting all contractors and architects to attend, but that notices would not be mailed again to the contractors. Mr. Lyle Davis, 237 Aquamsi, appeared regarding a traffic safety concern at the corner of Good Hope and Spanish. He stated there is a visibility problem at this intersection when cars are parked on both sides of the street. He requested the Council consider establishing no parking at the intersection of Good Hope and Spanish on the east side adjacent to the Lemons Coin building. Police Chief Steve Strong responded that the Police Department is contacting each property owner that would be impacted by a parking change in this area, and he will have a recommendation for no parking in this area on the next City Council agenda for consideration. Mayor Knudtson announced that a coloring book published by the Historic Preservation Commission is now available for sale at the Convention and Visitors Bureau. The book features several pictures of historical structures throughout the city. Mayor Knudtson complimented the Public Works Department employees on their work during the recent snowstorm. The following bills were given second and third readings. BILL NO. 02-269 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO JACQUELINE R. AHRENS FOR PURPOSES OF OPENING, MAINTAINING AND OPERATING AN OFFICE AT 911 NORTH MISSOURI AVENUE IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 02-270 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO P & J MARKETING, L.L.C. FOR PURPOSES OF CONSTRUCTING AND MAINTAINING A PARKING LOT ON THE SOUTHWEST CORNER OF EMERALD STREET AND FREDERICK STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 02-271 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 300 NORTH MAIN STREET, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM M- 2 TO C-3 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 16, 2002 38 ILL NO. 02-276 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MAPLE UNITED METHODIST CHURCH FOR PURPOSES OF CONSTRUCTING AND MAINTAINING A NEW SIGN AT 2441 JEAN ANN DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOs. 02-269, 02-270, 02-271 and 02-276 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. 02-269 is ORDINANCE NO. 3112; BILL NO. 02-270 is ORDINANCE NO. 3113; BILL NO. 02-271 is ORDINANCE NO. 3114; BILL NO. 02-276 is ORDINANCE NO. 3115. BILL NO. 02-250 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 29 OF THE CITY CODE RELATING TO DUTY OF OWNERS TO CONNECT TO PUBLIC SEWERS The first reading of BILL NO. 02-250 was approved 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. 02-278 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF SILVER SPRINGS ROAD BETWEEN MT. AUBURN ROAD AND MISSOURI ROUTE 74 The first reading of BILL NO. 02-278 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. 02-280 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF MANSOURI SUBDIVISION The first reading of BILL NO. 02-280 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. 02-281 was given first reading as follows: AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, OF MAKING CERTAIN SEWER IMPROVEMENTS IN SEWER DISTRICT 14-K-7 BY CONSTRUCTING SANITARY SEWERS TO SERVE CERTAIN PROPERTIES ALONG PERRYVILLE ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Reanlar Session December 16, 2002 39 T00111195 The first reading of BILL NO. 02-281 was approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Ms. Ritter stated one citizen that is to be included in this sewer district contacted her, and they still have concerns about the district. BILL NO. 02-283 was given first reading as follows: AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE SIEMERS DRIVE WIDENING FROM CAMPSTER DRIVE TO BLOOMFIELD ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR The first reading of BILL NO. 02-283 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. 02-284 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14 -1 -F -8A, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1-F, APPROVING THE PLANS AND AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SANITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT NO. 14 -1 -F -8A, UNDER A PRIVATE CONTRACT SUBJECT TO CERTAIN PROVISIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 02-284 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. 02-285 was given first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT SEWER EASEMENT FROM AMERICARE PROPERTIES, INC., FOR SANITARY SEWER IMPROVEMENTS IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 02-285 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. 02-287 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR A GRANT TO FUND A GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER CHAPTER 53 (5311) OF TITLE 49, UNITED STATES CODE The first reading of BILL NO. 02-287 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. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 16, 2002 40 T00111195 1� BILL NO. 02-289 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 The first reading of BILL NO. 02-289 was approved upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Upon the request of Mayor Knudtson, Eric Cunningham explained that this ordinance calls for a one-quarter percent sales tax to fund the Fire Department. If approved by voters, this would free up general fund money currently used to fund the Fire Department. City Manager Michael Miller continued that all four ballot issues are proposed to fund the prioritized list of critical needs previously approved by the Council. The only exception is the stormwater utility fee, which will be used to fund the prioritized list of stormwater projects. BILL NO. 02-290 was given first reading as follows: AN ORDINANCE IMPOSING A USE TAX FOR GENERAL REVENUE PURPOSES AT THE RATE OF TWO PERCENT (2.00%) FOR THE PRIVILEGE OF STORING, USING OR CONSUMING WITHIN THE CITY ANY ARTICLE OF TANGIBLE PERSONAL PROPERTY PURSUANT TO THE AUTHORITY GRANTED BY AND SUBJECT TO THE PROVISIONS OF SECTIONS 144.600 THROUGH 144.761 RSMo; PROVIDING FOR THE USE TAX TO BE REDUCED OR RAISED IN THE SAME AMOUNT AS ANY CITY SALES TAX IS REDUCED OR RAISED; AND CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF WHETHER TO IMPOSE SUCH USE TAX The first reading of BELL NO. 02-290 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Cunningham explained that this ordinance establishes a use tax and calls an election on whether to put it into effect. The tax will be on goods bought outside the city jurisdiction and is imposed on persons or entities spending more than $2,000 per year outside the city. Mr. Miller stated this tax is estimated to bring in $900,000 to $1 million to the general fund. BILL NO. 02-291 was given first reading as follows: AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF WHETHER THE CITY SHALL ESTABLISH A STORMWATER MANAGEMENT UTILITY FOR THE PURPOSE OF PROVIDING FUNDS FOR FLOOD CONTROL AND THE OPERATION OF THE CITY'S STORMWATER SYSTEMS AND FACILITIES; DESIGNATING THE TIME OF HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION The first reading of BILL NO. 02-291 was approved upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Cunningham explained that this ordinance calls an election on whether the Council should impose a stormwater utility. The ordinance establishing the exact charge will be on a subsequent City Council agenda. The charge is based on impervious area and the amount Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 16, 2002 41 T00111195 of runoff from property into the stormwater system Mr. Miller continued that a portion of the proceeds from this charge will go towards specific sewer improvement projects and a portion will fund the Stormwater Division. BILL NO. 02-292 was given first reading as follows: AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF WHETHER THE CITY SHALL IMPOSE AN AD VALOREM PROPERTY TAX OF TEN CENTS PER ONE HUNDRED DOLLARS ASSESSED VALUATION FOR THE PURPOSE OF PROVIDING FUNDS FOR THE GENERAL REVENUE OF THE CITY; DESIGNATING THE TIME OF HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION The first reading of BILL NO. 02-292 was approved upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Cunningham explained that this ordinance calls for a 10 cent property tax levy that will go into effect when the property tax levy for the Show Me Center bonds expires. This will not increase property taxes. Mayor Knudtson emphasized that if all four issues are passed by the voters, the total impact per household will be less than $100 per year. The total projected annual revenue if all four issues are approved is $4 million. Ms. Ritter continued that these four issues spread the cost over the largest group of taxpayers and do not place the total burden on one specific group. BILL NO. 02-273 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LAPPE CEMENT FINISHING, INC., FOR PAVEMENT WIDENING AND SIGNALIZATION FOR MT. AUBURN ROAD FROM WILLIAM STREET TO INDEPENDENCE STREET The reading of BILL NO. 02-273 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. 02-273 is RESOLUTION NO. 1852. BILL NO. 02-279 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENVIRONMENTAL PROTECTION AGENCY SPECIAL INFRASTRUCTURE GRANT APPLICATION AND ALL OTHER NECESSARY DOCUMENTS FOR CAPE GIRARDEAU WASTEWATER AND SEWER IMPROVEMENTS FOR THE RIVER CAMPUS, IN THE CITY OF CAPE GIRARDEAU The reading of BILL NO. 02-279 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. 02-279 is RESOLUTION NO. 1853. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 16, 2002 42 r001111ss BILL NO. 02-282 was presented as follows: Il A RESOLUTION AUTHORIZING THE SOUTHEAST MISSOURI REGIONAL PLANNING AND ECONOMIC DEVELOPMENT COMMISSION TO PROVIDE ASSISTANCE IN THE FURTHER DEVELOPMENT OF THE CITY OF CAPE GIRARDEAU ALL -HAZARD MITIGATION PLAN The reading of BILL NO. 02-282 was approved and the resolution adopted upon Ms. Boardman's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 02-282 is RESOLUTION NO. 1854. BILL NO. 02-286 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 TO THE ENGINEERING SERVICES CONTRACT WITH BOWEN ENGINEERING AND SURVEYING, INC., FOR ENGINEERING SERVICES ON THE BLOOMFIELD ROAD BRIDGE, IN THE CITY OF CAPE GIRARDEAU The reading of BILL NO. 02-286 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. 02-286 is RESOLUTION NO. 1855. BILL NO. 02-288 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL MEMBERSHIP AGREEMENT WITH MISSOURI ONE CALL SYSTEM, INC., IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 02-288 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. 02-288 is RESOLUTION NO. 1856. Mayor Knudtson requested the City Manager forward a letter of discontent regarding this mandate to the state legislators. Paul Short, Denise Stewart, Stan Stough and Kathy Swan were appointed to the Vision 2020 Community Relations Council for terms expiring December 31, 2005, upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Danny Stitz and Joe Wolsey were appointed to the Board of Examiners for terms expiring January 1, 2006, and Tim Pinkley was appointed for a term expiring July 1, 2004, upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Hopkins made a motion, seconded by Mr. Purcell, to deny a retail liquor by the drink license for Shane Allen Hill JDSR, Inc. d/b/a Club KAOS, 823 S. Kingshighway, Shane Allen Hill, Managing Officer. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Purcell made a motion, seconded by Mr. Hopkins, to amend the Special Assessment Procedures for Sewer Projects, included in the City Council Handbook and Policy Statements, by Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 16, 2002 43 T00111195 including notice and public hearing requirements for the formation of a sewer district as set out in the Council agenda packet. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The improvements to Siemers Drive from Campster Drive to Bloomfield Road were accepted and final payment to Drury Southwest, Inc. was authorized contingent upon receipt of corrected paperwork, upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Herbst made a motion, seconded by Mr. Hopkins, to accept the improvements to the Recreation Trail, Phase I, from Minnesota Avenue to Brink Avenue, and to authorize final payment to Nip Kelley Equipment Company, Inc., contingent upon proper submittal and correction of required paperwork items. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Hopkins made a motion, seconded by Mr. Purcell authorizing the Mayor to submit a letter to the Missouri Highway and Transportation Commission in support of funding Option 3 for allocation of State and Federal highway money. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. There being no further business, the Council adjourned upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Jay B. dtson, Mayor Gayle L.,onrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. T00111195 Session THIS PAGE INTENTIONALLY LEFT BLANK. 44