HomeMy WebLinkAboutCouncil.Minutes.03-03-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session March 3, 2003 77
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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
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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.
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Reunlar Session March 3, 2003 79
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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.
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Regular Session March 3, 2003 80
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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
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Regular Session March 3, 2003 82
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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.
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Reuular Session March 3, 2003 83
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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
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