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HomeMy WebLinkAboutCouncil.Minutes.03-17-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. RegilIar Session March 17, 2003 700111195 REGULAR SESSION — MARCH 17, 2003 The Cape Girardeau City Council convened in regular session on Monday, March 17, 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. Bob Towner of Christ Episcopal Church presented the invocation, and the Pledge of Allegiance was led by Boy Scout Troop 21 of St. Andrew Lutheran Church. The City Council convened in Closed Session prior to the regular session for purposes of discussing legal actions and litigation, pursuant to RSMo. Section 610.021(1), upon Mr. Hopkins' motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, White. Nays, none. [Mr. Purcell was absent for this vote.] The minutes of the March 3, 2003, regular session were approved upon Ms. Ritter's motion, Mr. White'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. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson announced that he suffered a knee injury in a recent charity basketball game and would be working from a wheel chair for several weeks. Mr. Tom Ward, Chairman of the Kiwanis Park Committee, presented background information regarding the Kiwanis involvement with the improvement to city parks. The Kiwanis Club is proposing to provide funds for improvement of Cherokee Park, with an initial investment of $150,000. In return they are requesting that the park be renamed Kiwanis Park. They will provide funding for improvements in increments over the next ten years, and will continue donations beyond that time if funding allows. The first improvement will be a new shelter and playground. All future improvements will be approved by the City of Cape Girardeau. The Kiwanis Club will provide an annual report to the Park Foundation. BELL NO. 03-35 was presented as follows: A RESOLUTION RENAMING CHEROKEE PARK AS KIWANIS PARK IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mr. Purcell, to approve the reading of BILL NO. 03-35 and adopt the resolution. Ms. Ritter expressed concerns with setting a precedent, and how future requests such as this would be handled. Parks and Recreation Director Dan Muser reviewed the history of the Kiwanis Club and the donations they have made in the past. The Park Board contacted other communities for a policy on matters such as this, and all that were contacted handle this on a case-by-case basis. Park Board Chairman Jeff Glenn stated that the Board did discuss the issue of setting a precedent; however the history of the Kiwanis Club involvement with the city parks was a strong indication of future success. City Attorney Eric Cunningham explained that the City Council has the authority to name or rename any city property as they see fit. Mr. White questioned how a situation would be handled if another service club, non-profit organization or some other group requested a park be renamed. Mr. Muser again stated it would be reviewed on a case-by-case basis when the situation occurs. Following discussion, the original Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 17, 2003 86 T00111195 motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-35 is RESOLUTION NO. 1873. Mayor Knudtson welcomed Boy Scout Troop 8 of Trinity Lutheran Men's Club who were attending for their Citizenship in the Community badge. Ms. Ritter stated she received information regarding the number of people/renters that can reside in a single family residential home. She questioned what recourse citizens have if parties occur at a residence such as this, and the parties are spilling over into the neighbor's area. Police Captain Carl Kinnison explained that when a call is received for disturbing the peace, one patrol unit is sent to the premises to advise the residents they are being too loud and/or to break up the party. If the Police Department must return to the same premises, the owner will be cited for maintaining a disorderly house. City Manager Michael Miller stated that two additional roomers may reside in a single family residential home. A two-family residential home allows four additional roomers. Michael Miller introduced Heather Brooks as the new Administrative Assistant to the City Manager. The following bills were given second and third readings. BILL NO. 03-30 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE PROVISION OF SANITARY SEWER IMPROVEMENTS TO SEVERAL PROPERTIES ON PERRYVILLE ROAD BILL NO. 03-39 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 BILL NO. 03-40 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session March 17, 2003 87 T00111195 BILL NO. 0341 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 BILL NO. 03-42 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 BILL NO. 03-43 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 second and third readings of BILL Nos. 03-30, 03-39, 03-40, 03-41, 03-42 and 03-43 were approved and the ordinances 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. 03-30 is ORDINANCE NO. 3148; BILL NO. 03-39 is ORDINANCE NO. 3149; BILL NO. 0340 is ORDINANCE NO. 3150; BILL NO. 0341 is ORDINANCE NO. 3151; BILL NO. 0342 is ORDINANCE NO. 3152; BILL NO. 0343 is ORDINANCE NO. 3153. BILL NO. 03-20 was given second and third readings 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 second and third readings of BILL NO. 03-20 and to adopt the ordinance. Ms. Ritter stated she would be voting against this bill due to the egress issue, which was previously discussed. The motion was approved the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, White. Nays, Ritter. BILL NO. 03-20 is ORDINANCE NO. 3154. BILL NO. 03-45 was given first reading as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-C-3, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-45 was approved 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. 03-46 was given first reading as follows: Proceedings of the City Council, Regular Session _ City of Cape Girardeau, March 17, 2003 to 88 700111195- I AN ORDINANCE APPROVING THE RECORD PLAT OF SILVERTHORNE SUBDIVISION The first reading of BILL NO. 03-46 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. 03-47 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT AND IRREVOCABLE LETTER OF CREDIT WITH GMD ENTERPRISES, L.L.C., AND UNION PLANTERS BANK FOR SILVERTHORNE SUBDIVISION The reading of BILL NO. 03-47 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. 03-47 is RESOLUTION NO. 1874. BILL NO. 03-44 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH MISSOURI ELECTRIC WORKS, INC. SITE TRUST FUND, AND UNITED MISSOURI BANK, FOR REAL PROPERTY CLEANUP The reading of BILL NO. 03-44 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. 03-44 is RESOLUTION NO. 1875. BILL NO. 03-48 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. 03-48 was approved and the resolution adopted 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. 03-48 is RESOLUTION NO. 1876. BILL NO. 03-49 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. 03-49 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. BILL NO. 03-49 is RESOLUTION NO. 1877. Mr. John Geller was appointed to the Airport Advisory Board for a term expiring April 30, 2005, upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. A temporary 5% beer by the drink license was approved for John J. Yallaly, d/b/a American Legion Post 63, for an event to be held June 6-8, 2003, at the A. C. Brase Arena Building, upon Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session .—march 1 7, 2003 $9 T00111195 Mr. White's motion, Mr. Herbst's second, and the following vote: 'Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The improvement plans for construction of street, storm sewers, detention basin and sanitary sewers to serve Silverthorne Subdivision were approved upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The sanitary sewer, storm sewer and water improvements for Sewer District 14 -NN, Clarkton Place Subdivision Phase Six were accepted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson announced that the first public forum regarding the four initiatives on the April 8 election ballot would be held Tuesday, March 18, at 7:00 p.m. at the A. C. Brase Arena Building. There being no further business, the Council adjourned upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. y B. Knudtson, Mayor Gayle . Conrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session 90 THIS PAGE INTENTIONALLY LEFT BLANK.