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HomeMy WebLinkAboutCouncil.Minutes.02-19-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 19, 2003 71 T00111195 REGULAR SESSION — FEBRUARY 19, 2003 The Cape Girardeau City Council convened in regular session on Wednesday, February 19, 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. Rev. John Ferguson presented the invocation, and the Pledge of Allegiance was recited. The minutes of the February 3, 2003, regular and closed sessions were approved upon Mr. White's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The agenda was adopted as distributed upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson presented a plaque to Ed Jaco honoring him for his retirement from the Public Works Department after 19 years of service. Mayor Knudtson and City Manager Michael Miller presented the Invest 4 Cape presentation relating to the four ballot issues that will be voted on by the citizens on April 8, 2003. This being the date set for a public hearing regarding the proposed Capital Improvements Program for fiscal years 2003-2008, the hearing was opened. There being no appearances, the hearing was closed. Mr. Don Howard appeared and questioned how long it would take for a water park to pay for itself. In addition he felt that an additional $100 per year to pay for the proposals is still not affordable for those on a fixed income. He will not support any improvements to the Police Department or any other issues to benefit the city. He stated there are still junk cars in front of a business on Aquamsi Street, and the city has done nothing to get them removed. Mr. Michael Annis appeared to discuss the adoption of the 2000 International Building Codes. Regarding the issue of an egress window or door in a basement, the greatest effect will be on existing homes. A requirement to have egress from all habitable areas will eliminate quad -level, tri -level or split-level homes. He did agree that all sleeping areas should have an egress. If the Council is concerned with safety, then the smoke detector requirements should be put back into the code, and a system should be established to annually verify smoke detectors in homes. Mr. Gary Arnold appeared in opposition to egress requirements in all habitable areas of a basement. This will affect all people who are developing a level lot by not allowing them to finish the basement area of a home. He did agree that all sleeping quarters in a basement should have egress, either by a window well or a door. In his opinion, the addition of a door will cost an additional $2,500 to $2,800. Mr. Cary Jones of ReMax Achievers appeared regarding the paving of Commercial Street. The City can pave or concrete the street and tax bill the costs to the property owners. However, he felt that the property taxes already paid by the owners are more than enough to pay for this repair, and the owners should not be tax billed. Regarding the water park proposal, he stated that Capaha Park as well as Osage are not good locations for a water park. He suggested the Council contact a professional organization to locate a water park in the city. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 19, 2003 72 T00111195 -- i Regarding the Commercial Street paving, Mayor Knudtson responded that this project was moved up in priority in the Capital Improvements Program. However, the city does not have the funds in the general fund to cover the costs of the project. The only way the city can construct the street is through the tax -billing process. Mr. Purcell thanked the City Council, City staff, Fire Captains Welker and Kistner, and the firemen from Station 4 for assisting with the tour for the Trinity Lutheran School third grade class. Regarding the condition of city streets, Mr. White questioned if the city had a plan to repair all the potholes in the streets as a result of the recent bad weather. Public Works Director Doug Leslie responded that the Street Department plans to temporarily patch the holes as the weather conditions allow. The same trucks are used for snow removal and street repair. Once the winter weather clears, contracted crews will assist city crews in replacing concrete and asphalt patches as needed. Upon questioning by Ms. Ritter, Mr. Leslie stated that the city has spent over $100,000 so far on snow removal. Mr. Miller continued that the city is over -budget in this area, and it must be made up for in the general fund. Mayor Knudtson commended the Cape Riverfront Team 2003 and Mr. Jess Hopple for their work to begin developing the riverfront in the city. The group met for the first time today, and they will continue to work on this issue in the future. Mayor Knudtson announced that the City has been chosen to receive $1 million in federal funds to assist with infrastructure improvements in downtown Cape. Once the official legislation is received, the city can determine what the funds may be used for. Mr. David Seabaugh of Beussink, Hey, Roe, Seabaugh and Stroder accounting firm appeared to answer any questions regarding the Annual City Audit Report for fiscal year ending June 30, 2002. He stated that the firm issued an unqualified opinion, which is the best opinion it can give on financial statements. Upon questioning by Ms. Ritter, Mr. Seabaugh explained that the one issue relating to the Investment Policy has been addressed. A small portion of city investments were not secured, and this has been resolved. Mr. Hopkins requested that next year an executive summary be included in the audit report. The following bills were given second and third readings. BILL NO. 03-17 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF SILVER SPRINGS ROAD BETWEEN MISSOURI ROUTE 74 AND MT. AUBURN ROAD BILL NO. 03-18 AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART 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 BILL NO. 03-19 AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF AN ALLEYWAY RUNNING FROM FIFTH STREET TO JOHNSON STREET BETWEEN MAIN STREET AND WATER STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 19, 2003 73 700111195 The second and third readings of BILL Nos. 03-17, 03-18, and 03-19 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. 03-17 is ORDINANCE NO. 3139; BILL NO. 03-18 is ORDINANCE NO. 3140; BILL NO. 03-19 is ORDINANCE NO. 3141. BELL NO. 03-20 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY CODE RELATING TO THE 2000 INTERNATIONAL CODES Mr. Hopkins made a motion, seconded by Mr. Purcell, to approve the first reading of BILL NO. 03-20. Mr. Herbst stated he agreed with alternative number three presented by Inspection Services Director Robb McClary, to adopt the 2000 IRC by requiring basement egress for "habitable" space for new homes but retaining the existing code section for emergency egress for basement "sleeping rooms" for existing homes. Ms. Boardman agreed with this. Mr. White agreed with alternative number three, provided that a definition of "sleeping room" is included. Ms. Ritter questioned when the other recommendations of the Board will be addressed, such as the seismic design, smoke detectors and ground fault circuits. Mr. Miller responded that the Board recommended the seismic requirements for residential structures be removed, and this recommendation is included in the proposed ordinance. All other recommendations of the Board are also included in the ordinance. Mr. McClary reviewed with the Council the discussions and recommendations of the Board of Appeals. Regarding alternative number three relating to basement egress, the Board did not specifically address egress issues on existing structures versus new homes. He expressed concerns that if an egress is required on basement remodeling, then owners will not get a permit to remodel. In addition, the Board recommended that the effective date of the new codes be May 1, 2003, in order to allow City staff to educate the contractors, architects, and general public on the new codes. Following discussion, Mr. Purcell made a motion, seconded by Mr. Hopkins to table the first reading of BILL NO. 03-20 to the March 3 City Council agenda. The Council agreed that staff should prepare a new ordinance including the definition of "sleeping room" as well as alternative number three listed on Mr. McClary's Memorandum to Mr. Miller dated February 18, 2003. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-21 was given first reading as follows: AN ORDINANCE ACCEPTING A QUIT CLAIM DEED CONVEYING EXCESS RIGHT-OF- WAY FROM THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AS AN ANNEX TO SHAWNEE PARK The first reading of BILL NO. 03-21 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 Regular the City Council, City of Cape Girardeau, Session February 19, 2003 T00111195 BILL NO. 03-22 was given first rea mg as o lows: Mo. 74 AN ORDINANCE APPROVING THE RECORD PLAT OF EMERALD FOREST AMENDED The first reading of BILL NO. 03-22 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. 03-23 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF HAROLD WRIGHTS SUBDIVISION The first reading of BILL NO. 03-23 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. 03-25 was given first reading as follows: AN ORDINANCE ACCEPTING A SEWER EASEMENT AND WATER LINE EASEMENT FROM REBEL GROUP, LLC, FOR THE STATION WEST COMMERCIAL SITE IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-25 was approved upon Mr. White's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-27 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST TENTH SUBDIVISION The first reading of BILL NO. 03-27 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. 03-24 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND ALL OTHER NECESSARY GRANT DOCUMENTS WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE PURCHASE OF SNOW REMOVAL EQUIPMENT FOR THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 03-24 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Upon questioning by Ms. Ritter, Mr. Miller explained that the city's matching funds of $16,000 were including in the current budget. BILL NO. 03-24 is RESOLUTION NO. 1863. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session February 19, 2003 75 700111195 BILL NO. 03-26 was presented as follows: A RESOLUTION AUTHORIZING THE CASH DEFEASANCE OF THE CITY'S OUTSTANDING OBLIGATIONS UNDER THE LEASE AGREEMENT, AS REPRESENTED BY THE CERTIFICATES OF PARTICIPATION (CONVENTION AND VISITORS RECREATION FACILITIES PROJECT), SERIES 1993; AND AUTHORIZING AND APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE DEFEASANCE The reading of BILL NO. 03-26 was approved and the resolution adopted upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Upon questioning by Ms. Ritter, Finance Director John Richbourg stated that after the 1993 certificates are paid off, there will be approximately $450,000 left on the 1993 general obligation bonds and approximately $1 million on the certificates of participation. BILL NO. 03-26 is RESOLUTION NO. 1864 BILL NO. 03-28 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO PROJECT AGREEMENT NUMBER 2, TO A PROFESSIONAL SERVICES CONTRACT WITH CRAWFORD, MURPHY & TILLY, INC., CONSULTING ENGINEERS, FOR A HANGAR/MANUFACTURING FACILITY FOR RENAISSANCE AIRCRAFT, AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 03-28 was approved and the resolution adopted upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-28 is RESOLUTION NO. 1865. BILL NO. 03-29 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT -OF - ENTRY AGREEMENT WITH THE US ARMY CORPS OF ENGINEERS FOR DREDGING SUPPORT ACTIVITIES ON THE MISSISSIPPI RIVER The reading of BILL NO. 03-29 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. 03-29 is RESOLUTION NO. 1866. Mr. Dan Little was appointed to the Board of Adjustment for a term expiring March 6, 2008, upon Ms. Boardman's motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Todd Long, Mr. Paul Mingus and Mr. Paul Nenninger were appointed to the Cable Television Advisory Committee for terms expiring February 20, 2006, upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Timothy Arbeiter was appointed to the Vision 2020 Community Relations Council for a term expiring December 31, 2003, upon Ms. Ritter's motion, Mr. Hopkins'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 TOCI11195 February 19, 2003 76 Mr. Dale Kester was appointed to the University of Missouri Extension Council for a term expiring February 28, 2005, upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. A water main extension to serve the Station West commercial site near the intersection of Route 74 and Silver Springs Road was accepted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The preliminary plat of Savannah Hills Estates was approved upon Ms. Boardman's motion, Mr. Hopkins's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, none. Mr. White abstained for financial reasons. The street and storm sewer improvements as shown on the plans approved for Giboney Woods 3rd Subdivision were accepted, and $100,000 of escrow covering these improvements was released upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The seismic protection improvements at Potable Water Storage Tank No. 1 were accepted, and final payment to Robinson Construction, 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. The bids for the River Front Trail Phase I were rejected upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The annual city audit for fiscal year ending June 30, 2002, was accepted upon Ms. Boardman's motion, Mr. Hopkins's second, and 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 Knudtson, Mayor Gayle ! onrad, City Clerk