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HomeMy WebLinkAboutCouncil.Minutes.03-03-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 3, 2003 77 700111195 REGULAR SESSION — MARCH 3, 2003 The Cape Girardeau City Council convened in regular session on Monday, March 3, 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. Jim Hogue of Hobbs Chapel United Methodist Church presented the invocation, and the Pledge of Allegiance was recited. The minutes of the February 19, 2003, regular session were approved upon Ms. Boardman'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. Ritter's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson presented certificates to the Fourth Graduating Class of the Cape Girardeau Police Department Citizens Police Academy. This being the date set for a public hearing regarding the necessity to improve that part of an alleyway running from Fifth Street to Johnson Street between Main Street and Water Street, for a distance of approximately 1,754 feet, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 03-39 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 FOR THE IMPROVEMENT OF AN ALLEYWAY RUNNING FROM FIFTH STREET TO JOHNSON STREET, FOR A DISTANCE OF APPROXIMATELY 1,754 FEET IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-39 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. This being the date set for a public hearing regarding the necessity to improve that part of an alleyway running from New Madrid Street to Mississippi Street between West End Boulevard and Illinois Avenue, for a distance of approximately 482 feet, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 03-40 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 3, 2003 78 700111195 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 FOR THE IMPROVEMENT OF AN ALLEYWAY RUNNING FROM NEW MADRID STREET TO MISSISSIPPI STREET BETWEEN WEST END BOULEVARD AND ILLINOIS AVENUE, FOR A DISTANCE OF APPROXIMATELY 482 FEET IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-39 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. Upon questioning by Ms. Ritter, City Engineer Mark Lester explained that all affected property owners were notified by letter of the public hearing, and he is not aware of any controversy on the issue. Mrs. and Mrs. Charles Mattingly, 332 North Middle, appeared regarding a stormwater problem at 43 South Lorimier. Mr. Mattingly explained the history of the problem, which began around Easter of 1999, and the problem still has not been resolved. He received a letter from the Engineering Office stating there would be a resolution to the problem by February, 2003; however, he has not received any further contact from the city. He requested a concrete plan to fix the problem. Mrs. Mattingly requested an exact date by when this problem will be repaired. City Manager Michael Miller explained that the Engineering Office has completed a detailed survey of the area. A general plan has been developed, with detailed plans yet to be finalized. Mr. Lester continued that there are three alternatives: (1) change the grade at Merriwether Street to divert the water away from this area; (2) put in a trench drain at the driveway; and (3) mill the curb area in front of the residence during the asphalt season in the Spring of this year. He stated that this information had been conveyed to the tenant but not to Mr. Mattingly. Mr. Daryn Brooks, the tenant at 43 South Lorimier, appeared and stated he did see Engineering surveying this area, but he has not heard from the city since then. Mayor Knudtson stated that Mr. Miller will contact Mr. Mattingly within the next week to review a plan and schedule to alleviate the water problem at 43 South Lorimier. Mayor Knudtson reported on the following: He and four council members attended the Missouri Municipal League Legislative Conference to visit with the area legislators. He and Mr. Miller continue to give the Invest 4 Cape presentations, and they are going well. The City Council Retreat is scheduled for March 14. The agenda will include time for the council members to discuss any events, concepts, projects or accomplishments they would like to see over the next 12 to 18 months. Ms. Ritter requested that the budget information that will be discussed at the retreat be delivered to the council members prior to the retreat. Regarding the Ordinance authorizing a Memorandum of Agreement with the University for Fountain Street construction, Mr. Miller explained that the University has requested the Council consider emergency reading of the measure in order for the construction to be completed in time for the Mississippi River bridge opening. City Attorney Eric Cunningham indicated this could fall under the emergency provision for immediate preservation of public safety. Proceedings of the City Council, City of Cape Girardeau, Mo. Reunlar Session March 3, 2003 79 T00111195 The following bills were given second and third readings. BILL NO. 03-21 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 BILL NO. 03-22 AN ORDINANCE APPROVING THE RECORD PLAT OF EMERALD FOREST AMENDED BILL NO. 03-23 AN ORDINANCE APPROVING THE RECORD PLAT OF HAROLD WRIGHTS SUBDIVISION BILL NO. 03-25 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 BILL NO. 03-27 AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST TENTH SUBDIVISION The second and third readings of BILL NOs. 03-21, 03-22, 03-23, 03-25 and 03-27 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. 03-21 is ORDINANCE NO. 3142; BILL NO. 03-22 is ORDINANCE NO. 3143; BILL NO. 03-23 is ORDINANCE NO. 3144; BILL NO. 03-25 is ORDINANCE NO. 3145; BILL NO. 03-27 is ORDINANCE NO. 3146. BILL 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. Herbst made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 03-20. Upon the request of the Mayor, Inspection Services Director Robb McClary summarized the recommended amendments to the code, discussed the effects of the code on new and existing structures, and reviewed the recent fatal fire in Jackson where two individuals were sleeping in a basement bedroom which did not have an egress window or working smoke detector. He stated that the Board of Appeals did not discuss the issue of egress on existing structures; however, he did not feel they would object to exempting egress requirements for all habitable areas in existing homes. Mayor Knudtson expressed concerns that if the code required egress for all habitable areas in existing structures, individuals will simply remodel or finish a basement without obtaining the proper permits. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 3, 2003 80 --------------- T00111195 - Following discussion, Ms. Boardman made a motion, seconded by Mr. Hopkins, to amend BILL NO. 03-20 by including Section 7-362(4) relating to emergency escape and rescue requirements as outlined in the proposed Bill. The amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, White. Nays, Ritter. The original motion was approved as amended upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, White. Nays, Ritter. BILL NO. 03-30 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE PROVISION OF SANITARY SEWER IMPROVEMENTS TO SEVERAL PROPERTIES ON PERRYVILLE ROAD The first reading of BILL NO. 03-30 was approved upon Mr. Purcell's motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Miller explained that the timing of this project will depend on how successful the city is in acquiring the necessary easements. BILL NO. 03-38 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR THE CONSTRUCTION OF FOUNTAIN STREET FROM MISSOURI HIGHWAY 74 TO MORGAN OAK STREET IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 03-38. Mr. Purcell made an amending motion, seconded by Mr. Hopkins, to declare BILL NO. 03-38 an emergency measure for the immediate preservation of public safety, and that the bill be given second and third readings. The new Bill Emerson Memorial Bridge over the Mississippi River is scheduled for completion in November of this year, and for traffic safety, the road needs to be completed by that time. The amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-38 was then given second and third readings. Mr. Purcell made a motion, seconded by Mr. Hopkins, to approve the first, second and third readings of BILL NO. 03-38 and to adopt the ordinance. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-38 is ORDINANCE NO. 3147. BILL NO. 03-41 was given first reading as follows: AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE CONSTRUCTION OF FARRAR DRIVE BETWEEN KIMBERLY DRIVE AND THE EXISTING CONCRETE PAVEMENT NORTH OF EXCHANGE DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR The first reading of BILL NO. 03-41 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 March 3, 2003 81 BILL NO. 03-42 was given first reading as follows: AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE CONSTRUCTION OF INDEPENDENCE STREET BETWEEN MT. AUBURN ROAD AND FARRAR DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR The first reading of BILL NO. 03-42 was approved upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-43 was given first reading as follows: AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE IMPROVEMENT OF MT. AUBURN ROAD FROM MISSOURI ROUTE 74 TO SILVER SPRINGS ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR The first reading of BILL NO. 03-43 was approved upon Mr. Hopkins' motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-31 was presented as follows: A RESOLUTION ADOPTING THE FISCAL 2003-2008 CAPITAL IMPROVEMENTS PROGRAM Mr. Hopkins made a motion, seconded by Ms. Boardman, to approve the reading of BILL NO. 03- 31 and adopt the resolution. Ms. Ritter requested the staff discuss the timeline for completion of the Fountain Street Phase II project. City Planner Kent Bratton explained that Phase I includes Fountain from Hwy. 74 to Morgan Oak. The first step for Phase II will be the preliminary engineering. This is needed to determine what right-of-way will be needed, any utility work necessary and a cost estimate. When this is completed, staff will bring the information to the Council, and the Council can amend the Capital Improvements Program at that time. Mr. Miller continued that the City will pay approximately $250,000 towards the completion of Phase I from the Transportation Trust Fund, and the University will pay the rest. On Phase II, Old Town Cape is looking into options for funding of this phase. Ms. Ritter asked for a recommitment on the part of the City Council to say that the Fountain Street Corridor Phase II is a priority. Following discussion, the motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-31 is RESOLUTION NO. 1867. BILL NO. 03-32 was presented as follows: A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH THE FEDERAL HOME LOAN BANK OF DES MOINES, IOWA, FOR AFFORDABLE HOUSING PROGRAM FUNDS, AND AUTHORIZING THE CITY MANAGER TO PURSUE ACTIVITIES IN AN ATTEMPT TO SECURE FUNDING TO SUPPLEMENT A NEIGHBORHOOD REHABILITATION PROJECT Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 3, 2003 82 100111195 The reading of BILL NO. 03-32 was approved and the resolution adopted upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-32 is RESOLUTION NO. 1868. BILL NO. 03-33 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR THE COMMUNITY BLOCK PROGRAM The reading of BILL NO. 03-33 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. 03-33 is RESOLUTION NO. 1869. BILL NO. 03-34 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR THE FEDERAL HOME LOAN BANK GRANT PROGRAM The reading of BILL NO. 03-34 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-34 is RESOLUTION NO. 1870. BILL NO. 03-36 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE A GRANT APPLICATION WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES 2003 RECREATIONAL TRAILS PROGRAM FOR THE RED HOUSE INTERPRETIVE CENTER PROJECT, AND AUTHORIZING EXECUTION OF ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 03-36 was approved and the resolution 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. 03-36 is RESOLUTION NO. 1871. BILL NO. 03-37 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A STORMWATER MANAGEMENT PROGRAM TO THE MISSOURI DEPARTMENT OF NATURAL RESOURCES The reading of BILL NO. 03-37 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. 03-37 is RESOLUTION NO. 1872. A retail liquor by the drink license was conditionally approved for Gourmet Systems, Inc. d/b/a Applebee's 202, S. Broadview, Robert Steinkamp, Managing Officer, upon Mr. Hopkins' motion, Mr. Purcell'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. Reuular Session March 3, 2003 83 T00111195 A retail liquor by the drink license was conditionally approved for Spence Tollison d/b/a Mac's Tavern, 1 S. Frederick, Spence Tollison , Managing Officer, upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The improvements to Farrar Drive from Kimberly Drive to Exchange Drive were accepted upon Mr. White's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The improvements to Independence Street from Mt. Auburn Road to Farrar Drive were accepted upon Ms. Ritter's motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The improvements to Mt. Auburn Road from Missouri Route 74 south to Silver Springs Road were accepted upon Ms. Boardman's motion, Mr. Hopkins, second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. A Storm Water Management Program for the City of Cape Girardeau was approved upon Mr. White's motion, Mr. Hopkins's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The improvements to the Mt. Auburn Road/Independence Street intersection were accepted, and final payment to Drury Southwest, 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 preliminary plans for the Fountain Street Corridor, Phase I were accepted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Bratton reviewed with the City Council the preliminary design of Fountain Street from Morgan Oak to Highway 74. The City has met with the Missouri Department of Transportation to consider a change order to pave Highway 74 to the edge of their right-of-way, to widen the access point to match the boulevard on the new Fountain, and to incorporate traffic signals at this intersection at the time the highway is opened. There being no further business, the Council adjourned upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Jay . Knudtson, Mayor Gayle L. Conrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. T00111195 Session THIS PAGE INTENTIONALLY LEFT BLANK. 84