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HomeMy WebLinkAboutCouncil.Agenda.09-07-10.PacketCITY COUNCIL MEETING AGENDA Tuesday, September nth, 2010 CAPE GIRARDEAU, MISSOURI Harry E. Rediger, Mayor John Voss, Ward 1 Meg Davis Proffer, Ward 2 Debra Tracy, Ward 3 Loretta Schneider, Ward 4 Mark Lanzotti, Ward 5 Kathy Swan, Ward 6 Council Chambers City Hall 401 Independence Cablecast on: City Public Access Channel 993 www.cityofcapegirardeau.org Regular Meeting Tuesday, September 7, 2010, 7:00 p.m. Study Session, 5:00 p.m. Public comments for items not on the agenda are welcome at the Study Session Invocation led by Rev. Shawn Wesson, Bethany Baptist Church Pledge of Allegiance Call to Order/Roll Call Adoption of the Agenda Presentations • None. Communications/Reports • City Council • City Manager and Staff Public Hearings A public hearing to discuss the City's past performance in carrying out a 2008 Rut -at Affordable Housing Grant, under the Community Development Block Grant, to convert the Old Schultz School Building, located at 101 South Pacific Street, into the Schultz Senior Apartments. Report No. 10-152 City Council Agenda Page 2 September 7, 2010 2. A public hearing regarding the request of the City of Cape Girardeau to rezone the property located to the west of Spartech Plastics and east of Optimist Drive from the R-1, Single Family Suburban Residential District, to the M-2, Heavy Manufacturing District. (Agenda Item No. 17, BILL NO. 10-110). Report No. 10-162 Appearances Individuals who wish to make comments regarding items scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must state his/her name and address for the record. The timer will buzz at the end of the speaker's time. Items listed on the agenda Consent Agenda The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to the members of the audience. All matters listed within the Consent Agenda have been distributed to each member of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be enacted by one motion of the council with no separate discussion. Staff recommends approval of the Consent Agenda. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the City Council. Approval of the following City Council minutes • August 8, 2010, special session • August 16, 2010, regular and closed sessions • August 26, 2010, special session 4. BILL NO. 10-104, an Ordinance approving the record plat of Resubdivision of Lots 93 102 of Walden Park Phase 2 - Amended. Second and Third Readings. Report No. 10-150 BILL NO. 10-111, a Resolution authorizing the City Manager to execute a Release of Lien on property located at 918 Bloomfield Street for the Community Development Block Grant Program. Reading and Passage. Report No. 10-153 6. BILL NO. 10-112, a Resolution authorizing the City Manager to execute an Escrow Agreement with Fronabarger Concreters, Inc., and Bank of Missouri, for improvements at 824 South Kingshighway, in the City of Cape Girardeau, Missouri. Reading and Passage. Report No. 10-154 7. A motion approving the improvement plans for construction of street, sanitary sewers and water main extension for Fronabarger Concreters Development at 824 South Kingshighway and for the extension of Commercial Street, Report No. 10-155 City Council Agenda Page 3 September 7, 2010 8. BILL NO. 10-113, a Resolution authorizing the City Manager to execute an Agreement with the Salvation Army of Cape Girardeau for Emergency Shelter Grant Funds from the Missouri Department of Social Services — Division of Family Services. Reading and Passage. BILL NO. 10-114, a Resolution authorizing the City Manager to execute an Agreement with the Safe House for Women, Inc. for Emergency Shelter Grant Funds from the Missouri Department of Social Services — Division of Family Services. Reading and Passage. Report No. 10-156 9. A motion accepting the improvements completed under the Cape Girardeau Regional Airport Apron Rehabilitation and Miscellaneous Improvements Project and authorizing final payment to R. L. Persons Construction, Inc. Report No. 10-157 10. A motion accepting sanitary sewer and water main extension improvements for Resubdivision of Lots 93-102 of Walden Park Phase 2 - Amended, contingent upon the receipt of unpaid inspection fees. Report No. 10-158 11. A motion accepting sanitary sewer, water main extension, and some storm sewer improvements as indicated on the improvement plans for Cape West Crossings Phase Il, Amended, contingent upon the receipt of as -built drawings and balance of inspection fees. Report No. 10-159 12. A motion approving the release of $55,142 of the Escrow Agreement and Certificate of Deposit covering the cost of public improvements for Cape West Crossings Phase II Amended. Report No. 10-160 13. Conditional approval of a retail liquor by the drink license for Alicia M. Dambach, d/b/a Rumors, 36 North Spanish Street, Alicia Dambach, Managing Officer. 14. Approval of two temporary 5% liquor by the drink licenses for Mary T. Ramsey, d/b/a City of Roses Music Heritage Association for an event to be held October 1-2, 2010, in downtown Cape Girardeau on Water Street and Main Street. 15. Approval of a 5% liquor by the drink license for Cuong Tien Le, d/b/a Fashion Nails, 53 South Plaza Way, Cuong Tien Le, Managing Officer. Items Removed From Consent Agenda City Council Agenda Page 4 September 7, 2010 New Ordinances 16. BILL NO. 10-109, an Ordinance authorizing the issuance of special tax bills for the demolition of dangerous buildings under the provisions of Chapter 7 of the Code of Ordinances of the City of Cape Girardeau, Missouri. First Reading. Report No. 10-161 17. BILL NO. 10-110, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of the southeast corner of Spartech Drive and Optimist Drive, in the City and County of Cape Girardeau, Missouri, from R-1 to M-2. First Reading. Report No. 10-162 18. BILL NO. 10-115, an Ordinance authorizing the Mayor to execute a General Warranty Deed for a tract of land located along Optimist Drive in the City of Cape Girardeau to Atlas Plastics Corporation d/b/a Spartech Plastics. First Reading. Report No. 10-163 19. BILL NO. 10-116, an Ordinance authorizing the City Manager to execute a Development Agreement between the City of Cape Girardeau and IOC -Cape Girardeau, LLC for a riverboat gaming facility and related development in the City of Cape Girardeau, Missouri. First Reading. Report No. 10-164 20. BILL NO. 10-117, an Ordinance amending Chapter 5 of the Code of Ordinances of the City of Cape Girardeau by adding a new Section 5-48 entitled "consumption liquor license." First Reading. Report No. 10-165 Appointments 21. Appointment to the Girardeau Goes Green Advisory Board. Report No. 10-166 Other Business 22. Consideration of a retail liquor by the drink license for Todd A. Priest, d/b/a Rum Juice, LLC, at 701 North Main Street. Report No. 10-167 Meeting Adjournment City Council Agenda Page 5 September 7, 2010 The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, hold a closed session to discuss legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, promotion of personnel, employee labor relations, or confidential or privileged communications with its attorneys. Specifically, the City Council will hold a closed session to discuss legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021(1), 610.021(2), and 610.021(3). CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street Tuesday, September 7, 2010 Study Session: • Wayfinding Report — Jonathan Mugman, AECOM • Planning and Zoning Commission Report — Bill Hinckley • Appearances regarding items not on the agenda • Park Projects Update — Dan Muser • Agenda Review Closed Session: • Personnel o Pursuant to RSMo. Section 610.021(3) Agenda: September 7, 2010 Staff: Ken Eftink, Assistant City Manager / Director of Development Services SUBJECT Public Hearing for the City's Past Performance of Community Development Block Grant Program. EXECUTIVE SUMMARY A public hearing to discuss the past performance in carrying out a 2008 Rural Affordable Housing Grant under the Community Development Block Grant Program. BACKGROUND/DISCUSSION The City of Cape Girardeau and RCH Development applied to the Department of Economic Development (D.E.D.) for CDBG funds under their Rural Affordable Housing Program. These funds were used as gap financing to support the purchase and rehabilitation of the old Schultz School into a 45 unit senior housing complex under the Dream Initiative. The developer applied for State tax credits in the amount of $750,000.00 per year for 10 years, but was only awarded $600,000.00 per year credits creating a gap in the Financing plan. The grant of $250,000.00 was applied towards the purchase price k of the Schultz School building to help fill the gap with the developer making up the difference. The Missouri Housing Development Commission approved the tax credits and the Community Development Block Grant completed the project. The Developer purchased the property from the Cape Girardeau Public School District for $1,700,000. This project preserved a National Historic Landmark in our community. The interior of the building has numerous displays and sign boards that highlight the history of this unique building and our community. FINANCIAL IMPACT The total project cost was approximately $12,250,000.00 which not only provided 45 units of affordable senior apartments, but also provided local construction jobs and construction materials. STAFF RECOMMENDATIONS The staff recommends the Council hold the pubic hearing allowing the developer time to review the project and then allow time for public comment. There is no voting action required of the Council. ATTACHMENTS Public hearing notice NOTICE OF PUBLIC HEARING CITY'S PAST PERFORMANCE OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The City of Cape Girardeau will hold a public hearing on Tuesday, September 7, 2010, at 7:00 P.M., at City Hall, 401 Independence Street, in the City Council Chambers to discuss the past performance in carrying out a 2008 Rural Affordable Housing Grant under the Community Development Block Grant Program, the grant project being as follows: The Old Schultz School Building located at 101 South Pacific Street converted into the Schultz Senior Apartments. The complex consist of 45 units of 1 bedroom and 2 bedroom apartments . The Schultz Senior Apartments are a part of the City of Cape Giraredeau's Dream Initiative. All interested citizens and groups are encouraged to attend the scheduled hearing. For more information, or if you require special accommodations at the hearing, please contact Stephen S. Williams at (573) 339-6326. Scott A. Meyer City Manager City of Cape Girardeau, MO Tuesday August 31, 2010 Agenda: September 7, 2010 Staff: Ken Eftink, Assistant City Manager/ Development Services Director SUBJECT Request to rezone the property located to the west of Spartech Plastics and east of Optimist Drive from the R-1 (Single Family Suburban Residential) District to the M-2 (Heavy Manufacturing) District. EXECUTIVE SUMMARY It is the request of the City of Cape Girardeau to rezone the property located at the southeast intersection of Spartech Drive and Optimist Drive just to the west of Spartech Plastics from the R -I (Single Family Suburban Residential) District to the M-2 (Heavy Manufacturing) District. BACKGROUNDMISCUSSION This is roughly a 50' by 500' piece of property that is owned by the City that Spartech Plastics has been using for the past twenty-three (23) years. The request is to rezone the property from the R-1 (Single Family Suburban Residential) District to the M-2 (Heavy Manufacturing) District. Spartech Plastics desires to purchase the property from the City for the purposes of constricting another building on their property to expand their business. The future land use plan recommends park and recreational uses for this property. STAFF RECOMMENDATION Staff recommends that the Council approve the request to rezone the property from the R-1 (Single Family Suburban Residential) District to the M-2 (Heavy Manufacturing) District. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission is recommending that the request for the rezoning be approved. The motion was made for approval of the request, with the vote being 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS • BILL NO. 10-110, Ordinance for rezoning • Staff Review Form • Planning and Zoning Action Form • Rezoning Application • Zoning Map • Future Land Use Mop • Aerial Map CITY OF CAPE GIRARDEAU, INHSSOURI City Staff Review and Referral of Application For Special Use Permit/Rezoning File No.1238 Address of Property 50' Wide Piece of Pronati between 2500 S��rtech Dr & Optimist Dr Staff Review and Comments: It is the request of the City of Cape Girardeau to rezone the property located to the west of Spartech Plastics and east of Optimist Drive from the R-1 (Single Family Suburban Residential) District to the M-2 (Heavy Manufacturing) District. Spartech Plastics wishes to acquire this property from the City for an expansion to their business. The future land use plan recommends parks and recreation uses for this property. W-xt� y4,Ury Planning Supervisor Date ..................................................i............................ Date ................k±jJd........................................................... Posting Date for Planning and Zoning Commission Public Hearing: !,A//o ............................................................................... Planning and Zoning Commission Recommendations: ............................................................................... Posting Date for City Council Public Hearing: ................................................... 0........................... Council Action: Favor: Oppose: Abstain: Rmsrd 3127/08 CITY OF CAPE GRZARDEAU PLANNING AND ZONING COMMISSION ACTION Request for Rezoning Recommended Action: That the request of the City of Cape Girardeau to rezone the property located to the west of Spartech Plastics and east of Optimist Drive from the R-1 (Single Family Suburban Residential) District to the M-2 (Heavy Manufacturing) District be recommended for approval. The vote count on the motion to approve was: Vote Count: Favor — 8 Oppose — 0 Abstain — 0 Date Recommendation Made: August 11, 2010 Comments: Citizens commenting at meeting: Mitch Robinson — spoke on behalf of the request / -/ Chairman — William T. Hinckley City of Cape Girardeau Rezoning/Special Use Permit Application X Rezoning or ❑ Special Use Permit (Please check one) SECTION A Description of project: Rezone a 50' wide piece of property at Arena Park that is adjacent to Spartech Plastics. Street address of tract (or other location description): 2500 Spartech Drive South of Spartech Drive and east of Optimist Drive. Names and addresses of all legal owners of tract: City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63701 4. Present zoning classification: R-1 (Single Family Suburban Residential) District 5. Requested new zoning classification: M-2 (Heavy Manufacturing) District 6. Requested special use: N/A Person handling this application (name, address, phone number): Ken Eftink, Asst. City Manager/Director of Development Services Division of Planning Services City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63701 573-339-6326 8. If tract is to be transferred, name and address of intended owner: Spartech Plastics 2500 Spartech Drive Cape Girardeau, MO 63701 Revised 3/13/09 Page 3 of 8 City of Cape Girardeau Rezoning/Special Use Permit Application For Office Use Only: Date Received in Planning Services office: Received by: 9. 1 STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date aq — Io SECTION B Legal description of tract: Please attach a copy of the latest deed to the property. (if you do not have a copy of your deed, one can be obtained from the County Recorder of Deeds.) See attached copy of the legal description. 2. . Attach to this application a scale plat or map.of the tract, on paper no larger than 11 inches by 17 inches, showing the following (Ifyou do nothave a surveyor's plat of the property, items a and b can be obtained from the County Mapping and Appraisal Office in the County Administration Building in Jackson): a. All boundary dimensions. b. All adjoining streets and alleys. G. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section c. Revised 3113/09 Page 4 of 8 City of Cape Girardeau Rezoning/Special Use Permit Application SECTION C List names and addresses of ALL adjoining landowners. Include land which corners on your tract or which is across streets or alleys. (This information can be obtained from the County Mapping and Appraisal Office in the County Administration Building in City of Cape Girardeau, MO 401 Independence Street Cape Girardeau, MO 63701 Spartech Plastics 2500 Spartech Drive Cape Girardeau, MO 63701 Fred R. & Judith R. Wilfer 229 Optimist Drive Cape Girardeau, MO 63701 Jerry R. Schwab Trust ETAL 3101 Vail Drive Cape Girardeau, MO 63701 Agan Alkan 2605 Themis Cape Girardeau, MO 63701 C & H Group LLC 112 S Broadview Cape Girardeau, MO 63701 Austin Apartments LLC 350 County Rd 327 Benton, MO 63736 Blake A. Adams 1700 Hermitage Jackson, MO 63755 Amy L Kinder 2612 Maria Louise Cape Girardeau, MO 63701 State of Missouri 2626 Independence Street Cape Girardeau, MO 63701 Charles D. & Evelyn P. Willis 2009 Evergreen Cape Girardeau, MO 63701 Southeast Missouri District Fair Association PO Box 234 410 Kiwanis Drive, Suite 200 Cape Girardeau, MO 63702 Edward F & Wanda Bierschwal 601 East Rodney Cape Girardeau, MO 63701 Frances T Kight 701 East Rodney Cape Girardeau, MO 63701 Matthew A & Shari L Boxdorfer 703 East Rodney Cape Girardeau, MO 63701 David W. Popp, Jr. 915 Kimbelwoods Jackson, MO 63755 Henry D & Opal L Wilson 24147 Tamms Olive Branch Rd Tamms, IL 62988 Michael L & Merrie S Busby 801 Rodney Vista Cape Girardeau, MO 63701 Revised 7/30/2010 Page 4 of 8 City of Cape Girardeau Rezoning/Special Use Permit Application Robert & Julie Francis North Kingshighway Properties, LLC 2545 Maria Louise 1909 Huntington Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Jerry Stone Trust ETAL SMS Real Estate Co LLC 2520 Maria Louise 229 Hillview Dr Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Hutcheson Investments Inc New Vision Youth & Family Services, Inc 4211 Oakwood Ave NW 627 North Broadview Huntsville, AL 35810 Cape Girardeau, MO 63701 Melissa Anne Hazel Jon Mark Kasten 505 Optimist Drive 2301 Kent Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 L & Z Trust Billy Joe & Carol Ann Bragg 157 Cedar Hills Lane 2231 W Cape Rock Dr Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 Canyon Construction & Paul & Nancy Doza Development LLC 2514 Greenway 832 South Kingshighway Cape Girardeau, MO 63701 Cape Girardeau, MO 63703 McDonald Co Inc Toole Edwards Properties, LLC PO Box 652 2553 Kenneth Cape Girardeau, MO 63702 Cape Girardeau, MO 63701 IB Property Holdings LLC Howard & Carol Aslinger 4425 Ponce De Leon Blvd 2035 Allen Coral Gables, FL 33146 Cape Girardeau, MO 63701 Kevin Phillips 2558 Independence Street Cape Girardeau, MO 63701 Scott B. Smith 2560 Independence Street Cape Girardeau, MO 63701 With this application, the applicant must deliver to the Planning Services Office a stamped, plain business envelope addressed to each of the landowners listed in Section C, Item 1, of this application. Please do not include a return address. The Planning Services office will use its return address. (If a tract is owned by the City of Cape Girardeau, an envelope for City property is not needed.) Revised 712712010 Page 5 of 8 City of Cape Girardeau Rezoning/Special Use Permit Application SECTION D State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. In 1987, the City entered into a lease and option to purchase agreement with then Atlas Plastics (now Spartech) for a 50 foot strip along Arena Park. Atlas Plastics were to help demolish the City old animal shelter, install a fence and shrubs along the park. As best we can determine, Atlas Plastics did the work, install the fence and buffer and built an addition onto the plant that encroached into this area about 4 feet but never followed through on the acquisition of the property. They have been using and maintaining the property for the past 23 years. Spartech is now proposing to construct an addition to the plant to expand their business and needs to acquire and rezone the property in question in order to add a new product line. They are looking at a $4.5 million investment and creating 9 to 12 new jobs. Mitch Robinson of Magnet has requested we work with Spartech to complete this transfer and obtain the appropriate zoning. Since part of the existing plant is in this 50 strip and a small part of the new addition will be in this strip, it needs to be rezoned from R-1 to M-2 to allow their proposed use. If this is an application for a special use permit, you need to be aware that the Planning and Zoning Commission and the City Council can place limitations on the permit such as the period for which it will be effective, the size and design of improvements to be constructed, and hours of operation, as examples. Please list below any limitations you are willing to consider in this regard. N/A 3. Is a transfer of ownership of the tract dependent upon the approval of this application, or will a transfer occur if this application is approved? Yes 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken by the City Council. If you are unsure as to whether or not an application was previously made, please contact the Division of Planning Services Office for assistance. No Revised 7/27/2010 Page 6 of 8 City of Cape Girardeau Rezoning/Special Use Permit Application SECTION E State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. The current use of the property conforms to the M-2 (Heavy Manufacturing) District and not the R-1 (Single Family Suburban Residential) District as it is presently zoned. 2. Please list below the names and addresses of adjacent property owners or other neighbors you have contacted directly in regard to the requested rezoning or special use permit, and your project if it involves new structures or a change of use in an existing building. (Telephone or e-mail contacts can be listed, but please note them as such.) Name Address The Park Board will be asked to approve this transfer and use at their meeting of Monday, August 9`h Revised 7/27!2010 Page 7 of 8 Zoning Map of Arena Park Rezoning Request W Legend Arena Park Rezonng Panels --- - Streets Zoning District //] R-1- SINGLE FAMILY SUBURBAN RESIDENTIAL DIST. R-4- MEDIUM DENSITY MULTI FAMILY RESIDENTIAL DIST. C-1- GENERAL COMMERCIAL DIST. G2- HIGHWAY COMMERCIAL DIST Mr1- LIGHT MANUFACTURING DIST Mr2- HEAVY MANUFACTURING DIST D 130 250 520 Feet 0 Expo Way/ Property South of Spartech Drive and East of Optimist Drive Request to Rezone From the: R-1 (Single Family Suburban Residential) District to the: M-2 (Heavy Manufacturing) District Future Land Use Plan Recommends: Parks and Recreation Future Land Use Map of Arena Park Rezoning Request _1 o 130 260 520 Feet 7/27/2010 Aeria! Map of Arena Park Rezoning Request ! SE4 ei E� j ig Way O ci ttr'irau r O { k{d r ° s W 111 rk7 —. Property South of Spartech Drive and East of Optimist Dnve. " r , t{x. tr' Request to Rezone From the. R-1 (Single Family Suburban Vin, ° sY -+ 1� Residential) District to the M 2 (Fleavy Manufadunng) District sr�'Future Land Use Plan Recommends Parks and Recreation.' � WINE a Ind pancfen * �e'-P.y'�`` x- s I SW Legend Arena Park Rezoning Parcels ' Streets r ��; ke '� ` GnrrxKn* � � a�.< 's. a¢ ra'a:�s:;•>rzr �r-<-.�*s^-n`' 0 130 760 52D Fml 7/27/2010 Proceedings of the City Council, City of Cape Girard Regular Session August 16, 2010 ��� REGULAR SESSION— AUGUST 16, 2010 The Cape Girardeau City Council convened in regular session on Monday, August 16, 2010, at 7:00 p.m., with Mayor Harry E. Rediger presiding and Council Members Mark Lanzotti, Meg Davis Proffer, Loretta Schneider, Kathy Swan, Debra Tracy and John Voss present Prior to the regular session, the City Council convened in closed session for purposes of discussing confidential communications with the City Attorney, and sale or purchase of real estatepursuant to RSMo. Section 610.021(1) and (2) upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote:Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss.Nays, none. Reverend Jack Smart, of Teen Challenge International MidAmerica, presented the invocation, and the Pledge of Allegiancewas recited. Mrs. Tracy made a motion, seconded by Mrs. Schneider, to amend the agenda by postponing item #17, an Ordinance repealing Sections of Chapter 30 and repealing and enacting new sections of Chapter 25 of the Code of Ordinances regarding billboards, signs, fences, retaining walls, landscaping and bufferyards; and to adopt the agenda as amended. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. Mayor Rediger stated that regarding the development code ordinance postponed on the agenda, staff will be conducting additional public outreach, including an open house with presentations by staff, and information posted on Channel 993 and the City's website. Following additional public input, the proposed development code ordinance will again be presented to the Council. COMM UNICATIONS/REPORTS Mayor Rediger applauded the Special Olympics in Cape Girardeau and commended the City's Parks and Recreation Department for their commitment to the event. Mrs. Tracy said that while campaigning prior to the August 2, 2010, elections, she had found out many Cape Girardeau residents watch the City Council meeting on the City's public access Channel 993. Some were upset that the channel was no longer included on the basic channel package since it had moved from Channel 5 to Channel 993. City Manager Scott Meyer Manager thanked the City voters for approving the extension of the Transportation Trust Fund sales tax at the election on August 2, 2010. PUBLIC HEARINGS This being the date set for a public hearing to consider the rezoning request of Michael Annis, Dale LaFont and Alicia LaFont to rezone the property located at 402 Chesley Drive from RI to R- 3, the hearing was opened. Mr. Michael Annis, of Michael L. Annis Construction, Inc., addressed the Council in support of the request to rezone 402 Chesley Drive. He explained the property development cost estimates and said that the property would need to be zoned R-3 or R-4 to be feasible for development. Mr. Annis stated that he had reviewed the City's zoning definitions and felt that his proposals met those ideals. He said he had sent letters to the twelve adjoining property owners, who already adjoined or abutted higher -zoned properties. Further, if this request to rezone were approved, he said it would clean up the property. Proceedings of the City Council, City of Cape GirardeD, o� Regular Session August 16 2010 Mayor Rediger asked if he had considered developing larger duplexes. Mr. Annis replied that he had considered duplexes with a brick front, similar to Drury Southwest, but it was not feasible. All that information, he said, was on the building permit applications submitted to the City. In addition, he stated that the lots would be narrower, but deeper than Penrod Place. Mr. Neil Kefauver, of 414 Chesley Drive, addressed the Council and said that each zone is contained in its own area, and that clean-up of the property should be the responsibility of the current owner. Ms. Terri McCulley, of 3109 Meadowlark Lane, appeared and said that she had moved into the area last year and that her property could be converted into a rental house. Mn Ken Ostendorf, of 421 Chesley Drive, addressed the Council and said that he lived across the street from the proposed development He asked how the Council members would feel to have twelve families moving in across the street from their houses. Mr. Fred Horrell, of 614 Chesley Drive, appeared and said that he agreed with zoning code requirements, which require a larger square footagethan proposed in this rezoning request. There being no further appearances, the hearing was closed. BILL NO. 10-107 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE BY CHANGING THE ZONING OF 402 CHESLEY DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, FROM R-1, SINGLE FAMILY SUBURBAN RESIDENTIAL DISTRICT, TO R-3, HIGH DENSITY RESIDENTIALDISTRICT Mr. Lanzotti made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 10- 107. Mrs. Swan said that she felt the Council should follow the recommendations of the Planning and Zoning Commission. She had driven through the area and felt the neighborhood needed to be protected. Mrs. Tracy noted that it may be unrealistic to expect to keep 402 Chesley Drive zoned as R-1. Mrs. Schneider said that she understands residents' desire to protect their neighborhood. Following additional discussion, the motion failed upon the following vote: Ayes, none. Nays, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy andVoss. This being the date set for a public hearing regarding authorizing the Mayor to seek funding through the Community Development Block Grant (CDBG) program for $750,000 Action Fund Loan for economic development downtown, the hearing was opened. i Mr. Mitch Robinson, Executive Director of Cape Girardeau Area MAGNET, addressed the Council in support of the proposed Action Fund Loan. He said that the proposed downtown development would generate numerous jobs for Cape Girardeau. More details will be released later, he said. Mr. Voss asked if seeking funding through the Community Development Block Grant program would obligate the Cityto any funding Mr. Robinson answered that it would not There being no further appearances, the hearing was closed. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session APPEARANCES Mayor Rediger announced that, beginning at the next City Council meeting on September 7, 2010, discussion of items not listed on the agenda will occur at the 5:00 p.m. City Council Study Session, instead of at the 7:00 p.m. City Council meeting. The Council will request that City staff place issues of interest on the Council meeting agenda at future meetings. Mr. Doug Austin, of the Quality of Life Committee, said that the group will be registering with the State as a lobbying entity within thenext few days and they will only accept local funding. Mr. John Moreton, of 1330 Ashland Hills Drive, addressed the Council and presented a petition signed by residents of Ashland Hills Drive concerning complaints against the residents of 1342 Ashland Hills Drive. He said that the neighborhood is zoned R-1, but the house has been turned into an apartment house for college students. He asked that the City enforce zoning ordinances restricting more than three unrelated persons living in the same residence in an R -I zone. Mayor Rediger replied that the City was aware of the residence and was monitoring the situation. Mr. Meyer said that the City was investigating the issue and the City has spoken to the City Prosecutor. Once the facts are collected, theCity will enforce the zoningordinances. Mrs. Becky Ogborn, of 1339 Ashland Hills Drive, appeared and said that when a person buys property in Ashland Hills Subdivision, they are given a copy of the covenants. She alleged that these students have been coached on how to respond if questioned about the residents living at 1342 Ashland Hills Drive, CONSENT AGENDA A motion was made by Mrs. Schneider and seconded by Mrs. Swan to approve the following items on the Consent Agenda: Approval of the August 2, 2010, City Council regularand closed session minutes BILL NO. 10-97, AN ORDINANCE ACCEPTING A GRANT FROM THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR THE SAFE ROUTES TO SCHOOL PROGRAM, AND AUTFIORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS. Second and Third Readings. BILL NO. 10-99, AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT AND BINDING UNILATERAL AGREEMENT WITH T -MOBILE RELATING TO PAYMENT OF BUSINESS LICENSE TAXES. Second and Third Readings. BILL NO. 10-100, AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT AND BINDING UNILATERAL AGREEMENT WITH CRICKET COMMUNICATIONS, INC., AND RELATED ENTITIES RELATING TO PAYMENT OF BUSINESS LICENSE TAXES. Second and Third Readings. BILL NO. 10-102, AN ORDINANCE APPROVING THE RECORD PLAT OF DEEVERS COVE SUBDIVISION. Second and Third Readings. Proceedings of the City Council, City of Cape Girardr Fy Regular Session August 16, 2010 909420 BILL NO. 10-105, A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING THE MAYOR TO PURSUE ACTIVITIES IN AN ATTEMPT TO SECURE FUNDING. Reading and Passage. Accepting the improvements completed and authorizing final payment to Jokerst, Inc. under the early award site package for the new Family Aquatic Center and renovations to the Osage i Community Centre Accepting the sanitary sewer and water main extension improvements for the Resubdivsion of Lots 93-102 of Walden Park Phase 2—Amended. Approval of 5% liquor by the drink licenses for Fred L. Higdon, d/b/a SEMO District Fair Association, for an event to b; held September 9— 18, 2010, in Arena Park Approval of a new 5% liquor by the drink liquor license for River City Desserts, LLC, d/b/a My Daddy's Cheesecake, located at 265 South Broadview The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. BILL NO. 10-97 is ORDINANCE NO. 4145; BILL NO. 10- 99 is ORDINANCE NO. 4146; BILL NO. 10-100 is ORDINANCE NO. 4147; BILL NO. 10-102 is ORDINANCE NO. 4148; and BILL NO. 10-105 is RESOLUTION NO. 2552. ITEMS REMOVED FROM CONSENT AGENDA The following bill was given second and third readings: BILL NO. 10-98 AN ORDINANCE ESTABLISHING A NEW CHAPTER 25 OF THE CODE OF ORDINANCES REGARDING DEVELOPMENT REGULATIONS, INCLUDING GENERAL PROVISIONS, OFF- STREET PARKING, AND EXTERIOR LIGHTING Mr. Lanzotti made a motion, seconded by Mrs. Schneider, to amend BILL NO. 10-98 relating to lighting as set out in City Council Report 10-146. The amending motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. The second and third readings of BILL NO. 10-98, as amended, were approved upon Mr. Voss' motion, Mrs. Proffer's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. BILL NO. 1098 is ORDINANCE NO. 4149. The following bill was given second and third readings: BILL NO. 10-101 AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; PUBLIC HEALTH TAX; SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE 36m DAY OF JUNE, 2011 Mrs. Tracy made a motion, seconded by Mrs. Proffer, to amend BILL NO. 10-101 to change the General Fund tax levy and the Health Fund tax levy as noted in City Council Report 10-151. The amending motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. The second and third readings of BILL NO. 10- 101, as amended, were approved upon Mr. Lanzotti's motion, Mrs. Proffer's second, and the Proceedings of the City Council, City of Cape Girarka, u� Mo. Regular Session August 16, 2010 following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. BILL NO. 10-101 is ORDINANCE NO. 4150. NEW ORDINANCES BILL NO. 10-104 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF RESUBDIVISION OF LOTS 93 - 102 OF WALDEN PARK PHASE 2 - AMENDED The first reading of BILL NO. 10-104 was approved upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. There being no further business, the City Council adjourned upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk Proceedings of the City Council, City of Cape G THIS PAGE INTENTIONALLY LEFT BLANK. Proceedings of the City Council, City of Cape Girardeau, Mo. ,Special Session SPECIAL SESSION — AUGUST 10, 2010 The Cape Girardeau City Council convened in special session on Tuesday, August 10, 2010, at 4:30 p.m., with Mayor Harry Rediger presiding and Council Members Loretta Schneider, Kathy Swan, and Debra Tracy present. Meg Davis Proffer, Mark Lanzotti and John Voss were absent. Mayor Rediger stated that the results of the August 3, 2010, special municipal election relating to the Transportation Sales Tax had been received from County Clerk Kara Clark -Summers. Pursuant to Section 7.09(a) of the City Charter, the City Council canvassed the returns and declared the results of the April 3, 2010, special municipal election, upon Mrs. Tracy's motion, Mrs. Swan's second, and the following vote: Ayes, Rediger, Schneider, Swan and Tracy. Nays, none. The results of the election were as follows: Transportation Sales Tax Yes 3580 No 2883 Mayor Harry Rediger stated that he and staff have been working on drafting a proposed development agreement relating to riverboat gaming. Isle of Capris Casinos has been very open with their proposal, while St. Louis Capital Partners has not. The Mayor indicated that a draft resolution will be presented to the City Council recommending a preferred developer for gaming in Cape Girardeau. City Manager Scott Meyer continued that all proposals are due to the Missouri Gaming Commission by September 1, and all designated home dock jurisdictions will be given 30 days to submit comments regarding the applications. Mr. Meyer reviewed issues that are being discussed for use in a proposed development agreement. Mrs. Tracy expressed concerns with the City Council selecting a preferred riverboat gaming developer in Cape Girardeau prior to the September I deadline to the Missouri Gaming Commission. There being no further business, the City Council adjourned upon Mrs. Tracy's motion, Mrs. Swan's second, and the following vote:Ayes, Rediger, Schneider, Swan and Tracy. Nays, none. Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk Proceedings of the City Council; City of Cape Girard UD Session THIS PAGE INTENTIONALLY LEFT BLANK. Agenda: August 16, 2010 Staff: Ken Eftink, Assistant City Manager/ Development Services Director SUIUECT Ordinance approving the record plat of Walden Park Subdivision Phase II Amended. EXECUTIVE SUMMARY The owner of Walden Park Subdivision Phase It has submitted a record plat which resubdivides Lots 93-102 of Walden Park Phase 2. BACKGROUNDIDISCUSSION A record plat has been submitted for a Lots 93-102 of Walden Park Subdivision Phase 11. The owner is requesting to resubdivide an area containing ten (10) single family lots into sixteen (16) smaller single family lots. Acceptable plats have been submitted and the utility improvements have been reviewed and approved by staff. STAFF RECOMMENDATION Staff recommends approval of this subdivision. 13OAIZD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended approval at their meeting on January 13, 2010 by a vote of 9 in favor, 0 in opposition, and 0 abstaining. The City Council approved the improvement plans on June 7, 2010. ATTACHMENTS • BILL NO. 10-104, Ordinance approving record plat • Aerial Ma • Subdivision Plat • Application BILL NO. 10-104 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF RESUBDIVISION OF LOTS 93, 94, 95, 96, 97, 98, 99, 100, 101, AND 102 OF WALDEN PARK PHASE 2 - AMENDED BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Resubdivision of Lots 93, 94, 95, 96, 97, 98, 99, 100, 101, and 102 of Walden Park Phase 2 - Amended, being in Township 31 North, Range 13 East, in the City and County of Cape Girardeau, State of Missouri, submitted by Riverwest Partners, LC, bearing the certification of Rodney W. Amos, a Registered Land Surveyor, dated December 30, 2009, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Aerial Map of Walden Park I 11 RESUBDIVISION OF LOTS WALDEN P. RECORD PLAT OF 94, 95, 9G, 97, C PHASE 2 — . 101, AND 102 OF N w TONVN 31 NOATIL R CE U E T, M THE 017Y MD COLTI OF CAPE CMU EAU, FIATE OF MISSOUILL way rmaf, SUBDIVISIONATIO a.o..vm v.mnvnu.. w.. •-v.aua e+.a wn+o.n w e E .aa -------- _; f" "' ----- ----- ____ J ; all h9»% 4-mg if; e9P � EM }p] EMM .v...LLo�OODFLAIN INFORMATION �..�. .. _..._....< __ GRApIpC 9CAtC BECi O` 3] `IAEC m b $EGllp'1 }]- }9 EC110N }p ui FMMN FD OrM9 LM-M6¢NG A40 M9IMVEYINO SGRNfd4 PA]MEO BY. 2pNFl WlE Professional Engineer & tantl Surveyors 19a Csep 'vy Crye O'rMrE�U. e. MEMI, roar! 6]]01 ..............� CITY OF CAPE GIRARDEAU SUBDIVISION APPLICATION Project Name: Resubdivision of Lots 93-103 of Walden Park Phase 2 -Amended Index Project Location: Brister Hill Drive Walden Park This application is for: x Single-family residential ❑ Multi -family C7 Non-residential ❑ Preliminary Subdivision Plat x Record Plat (of an approved preliminary plat) ❑ Record Plat (for sectionalized development of an approved preliminary plat) ❑ Record Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) One and Two Family Residential Multi Family Residential .. Commercial/Industrial $18.00 per lot $18.00 per dwelling unit $18,00 per acre $90.00 minimum $90.00 minimum $90.00 minimum NOTE: (a) The filing deadline is 3 weeks before the Planning R Zoning Commission meeting held the 2nd Wednesday of each month(exceptholidays that amobserved by the City). (b) The deacillne for submittal of revisions necessary to meet State law and City ordinances, or desired by the developer is 1 week before the Planning & Zoning Commission meeting. (c) Any subdivision plat that requires corrections or for which required review fees have not been paid ..: shall not be presented to the City Council for approval. J APPLICANT (main contact):] OWNER (if Different): Name: Gerald W. Jones II f Name: Firm: RiverWest Partners L.C. Firm: Address: 2851 Professional Court. Suite C Address: Cape Girardeau MO 63701 Phone: (573) 335-1211 Fax: Phone: Fax: E-mail: E-mail: PROFESSIONAL Sl1RVEYOR/ENGINEER: . DEVELOPER Name: Chris Koehler P.E. P.L.S. Name:: Gerald W. Jones II Firm: Koehler Engineering and Land Surveying Firm: RiverWest Partners, L.C. Address: 194 Coker Lane Address: 2851 Professional Court Suite C Cape Girardeau MO 63701 Cape Girardeau MO 63701 Phone: (573) 335-3026 Fax: (573)335-3049 Phone: (573) 335-1211 Fax: E-mail: ckoehler(@,koehlerengineering.com E-mail: I, the undersigned,do hereby state that I have read and fully understand theprovisions of this application and - further, by my signature, I -hereby- agree to maintain compliance wlth the City of Cape Girardeau Subdivision Regulations and State statutes applicable to the subdivision of land and, that it is my responsibility to make certain that all deadlines are met so that formal ti0ri� ��/ City Council Is not unnecessarily delayed. Signature of Applicant: 3l!T? �;.._�__Date-, Agenda: September 7, 2010 Staff: Ken Eftink, Assistant City Manager/ AGENDA REPORT Development Services Director CapeGirardeauCouncil Resolution Authorizing Release of Lien — 918 Bloomfield Street - Good Hope/Bloomfield Neighborhood Restoration Project EXECUTIVE SUMMARY Attached hereto please find a resolution authorizing the release of lien for a forgivable rehabilitation grant on the property of Tye E. Parks located at 918 Bloomfield Street. The time of this forgivable rehabilitation grant from the Community Development Block Grant Program has expired and therefore, the lien can hereby be released. The total of the forgivable grant was $27,567.37. The amount of lien to be released is $27,567.37. BACKGROUND/DISCUSSION This action is a part of the CDBG process and the owner has completed his obligation under the housing program. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Benefits of the program include improved housing, quality of life and neighborhood stabilization. STAFF RECOMMENDATION The staff recommends adoption of the attached resolution authorizing the release of lien. PUBLIC OUTREACH A public hearing was held for the grant application. ATTACHMENTS • BILL NO. 10-111, Resolution releasing lien • Recorded Grant Agreement • Release of lien BILL NO. 10-111 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN ON PROPERTY LOCATED AT 918 BLOOMFIELD STREET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Cape Girardeau previously entered into an Agreement dated February 13, 2006, with Tye E. Parks, for the grant of funds to make repairs to the residence at 918 Bloomfield Street, - forty-five (45) feet off of the East side of Lot Twelve (12), Block Thirty-two (32) of West End Place Addition to the City of Cape Girardeau, Missouri, all pursuant to the Community Development Block Grant Program, and WHEREAS, that grant agreement was recorded in the land records of Cape Girardeau County as Document No. 2006-02323 and the time period has now expired; and WHEREAS, it is the desire of the City of Cape Girardeau, Missouri, to release the lien created by the agreement dated February 13, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The City Manager is authorized to execute a Release of Lien and to cause said Release to be recorded in the land records of Cape Girardeau County, Missouri, so that the above described property may be free of any lien or claim by the City of Cape Girardeau, Missouri, by reason of the Agreement dated February 13, 2006 and recorded as Document No. 2006-02323 of the land records of Cape Girardeau County, Missouri. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 0 2006-02323 REC FEE: 833.00. PAGES: 4 JANET ROBERT Recorder of Deeds, Cape birardeau County MO, certify that yy. this document was filed for record at 11:19AM hand official seal affixed at Jackson, MO. 02/21/2006 JANET RecorderrRofTDeeds IDeputy 14n3 dA9 Title of Document: RECORDER OF DEEDS COVER PAGE Agreement Date of Document: 02-13-06 Grantor(s) Name & Address: Tye E. Parks 918 Bloomfield Road Cape Girardeau, MO 63703 Granteels) Name & Address: City of Cape Girardeau Division of Planning Services 401 Independence Street Cape Girardeau, MO 63703 Legal Description: Forty-five (45) feet off of the East side of Lot Twelve (12), Block Thirty-two (32) of West End Place Addition to the City of Cape Girardeau, Missouri. Reference Book & Page, if Required: AGREEMENT WHEREAS, the undersigned are the owners of a dwelling .unit located on the following described real estate in the City of Cape Girardeau, Cape Girardeau County, Missouri, more particularly described as follows, to -wit: 918 Bloomfield Street— Forty-five (45) feet off of the East side of Lot Twelve (12), Block Thirty-two 32 of West End Place Addition to the City of Cape Girardeau, Missouri. Whereas, the above mentioned dwelling house is in need of repairs, rehabilitation and improvements to make it conform to the housing standards of the City of Cape Girardeau, Missouri, and Whereas, the City of Cape Girardeau, has been authorized to make grants for the repairs, rehabilitation, and improvements of substandard housing under a Community Development Program, and Whereas, it is the intention of the City of Cape Girardeau to benefit only owner -occupants that meet the eligibility requirements of the property to be improved by grants, and Whereas, the owners of the above described real estate are desirous of improvements, and have received or will receive a rehabilitation grant from the Cityof Cape Girardeau, Missouri, in the amount of Twenty -One Thousand Dollars ($21,000.00), and program income in the amount of Two Thousand Three hundred Seventy-seven Dollars ($2,377.00), and Whereas, in addition, the City of Cape Girardeau have been authorized to make homeownership grants to assist in the purchase of the above mentioned dwelling unit, and Whereas, the owners have received homeownership grants from the City of Cape Girardeau in the amount of Four Thousand One Hundred Ninety Dollars and Thirty-seven Cents($4,190.37) for said homeownership grants; and Whereas; said grant is to be repaid to the City of Cape Girardeau; under certain conditions. Now Therefore, it is agreed by the undersigned owners of the above described premises, in consideration of Twenty -One Thousand Dollars ($21,000.00) plus program income in the amount of Two Thousand Three Hundred Seventy-seven Dollars (2,377.00), a grant for rehabilitation of the above described premises from the City of Cape Girardeau, Missouri, and in consideration of Four Thousand One Hundred Ninety Dollars and Thirty- seven Cents ($4,190.37) received by the owners as homeownership grants from the City of Cape Girardeau for a total sum of Twenty-seven Thousand Five Hundred Sixty-seven Dollars and Thirty-seven Cents ($27,567.37) (total of all grants): 1. If the ownership or occupancy of the above described property by the grant recipient ceases within four years from the date of this agreement, by reason other than death of the recipient of the grant, the entire grant or a percentage thereof shall be repaid to the City of Cape Girardeau, Missouri. Repayments of the rehabilitation grant shall be based on a 25% reduction of the amount to be repaid per year, according to the following schedule. Less than one year -------------full amount Less than two years ------------ 75% repayment Less than three years ----------- 50% repayment Less than four years ------------ 25% repayment Over four years --------------- no repayment The repayment shall be made to the City of Cape Girardeau, Missouri, and shall be due and payable at the time of the sale or discontinuation of occupancy of the property. This agreement shall be a lien on the above described property, and if the grant is not repaid in the manner and within the above said time set forth may be enforced by suit and the property sold by order of any court of competent jurisdiction. This agreement and lien applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, administrators, executors, successors, and assigns. In Witness Whereof, this agreement has been duly executed by the owners this day of axpBl/ A , 2006. OWNER//: 918_Blo mfield Street, Cape Girardeau, MO 63703 Tye E. PaM J Conrad, City Clerk STATE OF MISSOURI ) )ss' COUNTY OF CAPE GIRARDEAU CITY OF CAPE GIRARDEAU, MISSOURI Douglas X. Leslie, City Manager On this /3 — day of 2006, before me personally appeared Tye E. Parks, to me known to be the 6eison described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office the day and year first above written. My Commission Expires: June 12, 2009 STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU On this 1-24--_ day of —f A, l-, A4e�! ?2 2006, before me aWgfed Douglas K. Leslie, to me personally known, who, being by me duly'sworn, did saythat he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. �.�A 1a taDonna Laub, Notary Public Expires: LADoNNA uAus Notary P06 Nonry Sad stato or ?AMU" county, of iSootl 42001ssion Expims Aug' , my Comm RELEASE OF LIEN WHEREAS, Tye E. Parks is the owner of a dwelling unit located on the following described real estate in the City of Cape Girardeau, Cape Girardeau County, Missouri, more particularly described as follows, to -wit: 918 Bloomfield Street — Forty-five (45) feet off of the East side of Lot Twelve (12), Block Thirty-two (32) of West End Place Addition, in the City of Cape Girardeau, Missouri WHEREAS, the City of Cape Girardeau, Missouri, previously authorized a grant of money for the repair, rehabilitation and improvement of this dwelling; and WHEREAS, this Agreement for the grant of money for repair was made in writing dated February 13, 2006, and recorded in 2006-02323 of the land records of Cape Girardeau County, Missouri; and WHEREAS, said Agreement constituted a lien against the above described property; and WHEREAS, the time has expired on said grant; and WHEREAS, it is the desire and intention of the City of Cape Girardeau, Missouri, to release the lien. NOW, THEREFORE, comes the City Manager of the City of Cape Girardeau, Missouri, pursuant to Resolution Number adopted by the City Council of Cape Girardeau, Missouri, on September 7, 2010, authorizing the City Manager to execute this Release and the City Manager, pursuant to said authorization of the City Council, does hereby remise, release and forever quit claim its lien against the above described property on account of the hereinabove described agreement. Further, the City of Cape Girardeau, Missouri, its successors and assigns shall be forever excluded and barred from enforcing said lien. CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI SS. COUNTY OF CAPE GIRARDEAU On this _ day of September, 2010, before me appeared Scott A. Meyer to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that said instrument was signed and sealed on behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. LaDonna Laub, Notary Public My Commission Expires: August 4, 2011 Agenda: September 7, 2010 Staff: Ken Eftink, Assistant City Manager/ AGENDA REPORT Director of Development Services CapeGirardeauCouncil Resolution Approving Escrow Agreement with Fronabarger Concreters, Inc. for Improvements at 824 South Kingshighway EXECUTIVE SUMMARY Fronabarger Concreters, Inc. has submitted improvement plans for the property located at 824 South Kinsghighway. The developer is submitting an escrow agreement to assure that the work will be completed. BACKGROUND/DISCUSSION Fronabarger Concreters, the developer of the property located at 824 South Kingshighway has submitted improvement plans that conform to the City specifications. The improvements include sanitary sewers, streets, and water. Engineering has calculated the improvements to cost $93,736. To ensure that the public improvements are completed, an escrow agreement is being submitted for your approval in the amount of $94,000. STAFF RECOMMENDATION It is recommended that the City Council approve the resolution authorizing the escrow agreement to guarantee the public improvements in the subdivision are approved. ATTACHMENTS • BILL NO. 10-112, Resolution approving escrow agreement • Copy of the escrow agreement signed by the developer and escrow agent • Aerial Map BILL NO. 10-112 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH FRONABARGER CONCRETERS, INC., AND BANK OF MISSOURI, FOR IMPROVEMENTS AT 824 SOUTH KINGSHIGHWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Escrow Agreement with Fronabarger Concreters, Inc., and Bank of Missouri, for improvements at 824 South Kingshighway. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk ESCROW AGREEMENT This Escrow Agreement made and entered into this I day of �� e , 201L' , by and between Fronabarger Concreters, Inc., a Corporation organized and existing under the laws of the State of Missouri, having its principal office and place of business at 3290 Stale Highway E Oak Ridge, Missouri 63769 hereinafter Galled Developer, and Bank of Missouri 233 West Jackson Boulevard, Jackson, Missouri. 63755, hereinafter referred to as Escrow Agent and the City of Cape Girardeau, Missouri, a municipal corporation, hereinafter referred to as City. WITNESSETH: WHEREAS, the Developer is the owner of B24 South Kingshighway, property within the City of Cape Girardeau, Missouri, and has submitted to the City improvement plans, NOW, THEREFORE, In consideration of the foregoing and of the mutual promises and agreements contained herein, the parties to this Escrow Agreement stipulate and agree as follows: 1. Developer is the owner of 824 South Kingshighway, and has submitted to the City improvement plans and specifications for the above specified address. 2. An irrevocable letter of credit has been issued for the cost of the improvements at the above specified address by Bank of Missouri, hereinafter referred to as "Financial Institution". The irrevocable letter of credit, a copy of which is labeled Exhibit "A" and is attached to this Escrow Agreement and made a part hereof as though fully set out herein, has been placed in the possession of Escrow Agent. Said irrevocable letter of credit is a commitment to the Developer from the Financial Institution that it will serve as the primary lender for the development 824 South Kingshighway and commits itself for enough funds to complete the improvements at the above specified address. 3. A copy of the most recent financial statement of the Financial Institution is submitted for the purpose of guaranteeing to the City that the Financial Institution as the issuer of the irrevocable letter of credit to the Developer has sufficient resources with which to uphold its guarantee. 4. The Escrow Agent agrees to hold the original of the irrevocable letter of credit issued by the Financial Institution subject to the provisions of this Agreement and the ordinances of the City of Cape Girardeau, as they may appertain to the provisions of Escrow Agreements. 5. The Escrow Agent shall not release the irrevocable letter of credit deposited with him as Escrow Agent by the Financial Institution for the proposed improvements except on the approval of the Administrative Officer of the City and until the City Council is satisfied that the improvements for the development of the above specified address has been completed in accordance with the plat and the improvement plans and specifications of the above specified address and the Ordinances of the City of Cape Girardeau. 6. The City may from time to time partially release the Escrow Agent from all or any part of its obligations and shall do so by written notification from the City's Administrative Officer. 7. Upon approval by the City through its Administrative Officer for the release of all funds held by the Escrow Agent, this agreement shall be terminated and the Developer and the Escrow Agent shall be released from any further obligation to the City insofar as the provisions of this Escrow Agreement are concerned. B. In the event of the failure or refusal or inability of the Escrow Agent to serve as determined by the Administrative Officer of said City, the City shall appoint a substitute who will have the same responsibilities as the Escrow Agent named herein. 9. If, after two (2) years from the date of this agreement, all the improvements reflected by the approved improvement pians and specifications have not been completed, the City may require the Escrow Agent to remit to the City cash or negotiable instruments constituting the balance of the escrow account required to complete the improvements. 10. This Escrow Agreement shall not in any fashion be construed to limit the powers, rights, or duties of City, but said agreement shall be construed in the light of the ordinances of the City of Cape Girardeau, Missouri, regarding the development of property. 11. No part of this agreement may be assigned by the Escrow Agent or the Developer without first obtaining the express written consent of such assignment by the City, but the City agrees not to unreasonably withhold such consent. IN WITNESS WHEREOF, the parties have executed this instrument in triplicate as of the day and year first herein written. ATTEST: [Signature] [Seal] ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU DEVELOPER Fronabarger Concreters Inc. [typed Na ie of Develop [Sig ature] Dave McMullin Managing Member EW AGENT .� [Signature] Larry Hall Vice -President Bank of Missouri CITY OF CAPE GIRARDEAU, MISSOURI A. Meyer, City Manager BE IT REMEMBERED, That on this � day of a f 13 fftQ V 2010 before me, the undersigned, a Notary Public in and for the County andtState aforesaid, came Dave McMullen, to me personally known, who, being by me duly swom, did state that he is a Managing Member of Fronabarger Concreters, and that said instrument was signed in behalf of said company for the consideration stated therein and no other, and said Dave McMullen, acknowledged said instrument to be the free act and deed of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last above written, A Q - XL113 ANN GARCIA Notary Public - Notary Sesl STATE OF MISSOURI Cupe Gimrdcau County Commission # 07214051 My Commission Expires: Ms. 23,20 [Typed Name of Notary Public] STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU BE IT REMEMBERED, That on this � day of SO Ok My),? " 2010 before me, the undersigned, a Notary Public in and for the County arid aforesaid, came Larry Hall, to me personally known, who, being by me duly swom, did state that he is the Vice -President of Bank of Missouri, and that said instrument was signed in behalf of said company for the consideration stated therein and no other, and said Larry Hall acknowledged said instrument to be the free act and deed of said company. IN WITNESS WHEREOF year last above written. Notary ANN GARC" Public -Notary Seal STATE OF MISSOtIRt Cape Ghvdeau Countyty Commission q 072140$1 MY Commission Expires: 9123,20 [� STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU I have hereunto s"e y hand and affixed my official seal, the day and L/_t�4S C ��ii AT trti �tt_JJQ1iP (111 Cii�`C(-.�('i [Typed Name of Notary Public] ss. On this day of 2010, before me appeared Scott A. Meyer, to me personally known, who, being by me duly swom, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seat affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, i have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: IRREVOCABLE LETTER OF CREDIT EXMBITA Borrower: FRONABARGER CONCRETERS, INC. Lender: The Bank of Missouri 3290 STATE HWY E Jackson Branch OAK RIDGE, MO 63769-5100 233 W Jackson Blvd Jackson, MO 63755 Beneficiary: CITY OF CAPE GIRARDEAU Ni 132482 EXPIRATION DATE. This letter of credit shall expire upon the earlier of the close of business on 09-01-2012 and all drafts and accompanying statements or documents must be presented to Lender on or before that time, or the day that Lender honors a draw under which the lull amount of this Letter of Credit has been drawn (the 'Expiration Date"], AMOUNT OF CREDIT- Lender hereby establishes at the request and for the account of Borrower, an Irrevocable Letter of Credit In favor of Beneficiary for a sum of Ninety-four Thousand & 00/100 Dollars ($94;000.001 (the "Letter of Credit'). These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lender's address indicated above for other such address that Lender may provide Beneficiary in writing) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN, DRAFT TERMS AND CONDITIONS- Lender shall honor drafts submitted by Beneficiary under the following terms and conditions: Each draft so drawn must be marked "Drawn under The Bank of Missouri Letter of Credit No. 132482," and be accompanied by a signed statement of Gry of Cape Girardeau, Missouri that Fronabargar Concmters, Inc. has failed to fulfill the obligations of their contract. Upon Lender's honor of such drafts, Lender shall be fully discharged of Lender's obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Credit has been drawn. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise In order but which is signed, Issued, or presented by a party or under the name of a party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary without Beneficiary's authorization. By paying an amount demanded In accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall nor be liable to Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. USE RESTRICTIONS. All drafts must be marked 'DRAWN UNDER The Bank of Missouri IRREVOCABLE LETTER OF CREDIT No. 132482 DATED 09,01-2010," and the amount of each draft shall he marked on the draft. Only Beneficiary or Beneficiary's transferee may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder, Partial draws are permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial draw, Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted hereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above, less any partial clow(si. PERMITTED TRANSFEREES. This Letter of Credit may be transferred by Beneficiary upon prior written notice to Lender of the transfer- The transferee shall be deemed the new Beneficiary of this Letter of Credit and the documents of the transferee, including drafts required under this Letter of Credit, will be processed by Lender (or any intermediary) without the original Beneficiary's intervention and without any further obligation of Lender to the original Beneficiary. TRANSFEREES REQUIRED DOCUMENTS. When the presenter is a permitted transferee under the "Permitted Transferees" paragraph above line "Permitted Transferee'), the documents required for a draw shall include all documents required elsewhere in this Letter of Credit, except that such documents may be in the name of and executed by either the original Beneficiary or the presenter permitted by the 'Permitted Transferees" paragraph above. COMPLIANCE BURDEN. Lender is not responsible for any Impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon Beneficiary, and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. NOWSEVERABILITY. If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lender's entire engagement under this Letter of Credit shalt be deemed null and void ab Tria , and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter Of Credit had never Occurred- This non -severability provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within this Letter of Credit. GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Missouri without regard to its conflicts of law provisions, and except to the extent such laws are inconsistent with the 2007 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce, ICC Publication No. 600. This Agreement has been accepted by Lender in the State of Missouri. EXPIRATION. Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to Lender on or before the Expiration Date unless otherwise provided for above. Dated: September 1, 2010 BXHIBIT A IRREVOCABLE LETTER OF CREDIT Loan No: 132482 (Continued) Page 2 LENDER: THE BANK OF MISSOURI Authorized Officer ENDORSEMENT OF DRAFTS DRAWN: Amount Amount Data Negotiated RV In Words In Figures uzen ww w,rea. v.,. n.sx.iamx e.w. rx..er��i xesm.,.n. osr. zmo. ne mq�w n....„e .vo c.us.mcmuuw�oe.w m+ssoi ns:oeom�s 824 South Kingshighway - Proposed Improvements 0 85 1]0 340 Feet 9/l/10 SUBJECT Motion Approving Improvement Plans for Fronabarger Concreters Development EXECUTIVE SUMMARY Improvement plans have been submitted for the construction of street, sanitary sewers and water main extension to serve Commercial Street south of Rusmar Street. The project will be constructed by private contract with city inspection to insure that the construction conforms to City standards. BACKGROUND/DISCUSSION Developer is extending sanitary sewer and water to serve a 6.26 acre lot adjacent to unpaved Commercial Street Right -Of -Way. The Developer is extending the street pavement two -hundred feet south of the current pavement. In order to guarantee that the improvements will be completed, the developer will submit an escrow agreement. STAFF RECOMMENDATION Staff recommends that the Council approve by motion the improvement plans for Fronabarger Concreters Development and extension of Commercial Street. ATTACHMENTS Aerial nW RUST Q S C7 J " Q _ U � Z 0 Y O U INDUSTRIAL \ - RUSMAR 50N. Fronabarger Concreters, Inc. 824 S. Kingshighway Fronabarger Development Street Centerlines Parcel Lines Agenda: September 7, 2010 Staff: Ken Eftink, Assistant City Manager / Director of Development Services SUBJECT Resolution Authorizing the Emergency Shelter Grant Program Grant Agreements with the Salvation Army and the Safe House for Women, Inc. EXECUTIVE SUMMARY On July 20, 2010 the City of Cape Girardeau received an Emergency Shelter Grant award from the State Department of Social Services. The Salvation Army and the Safe House for Women, Inc. will be providing services and funds for operations in connection with the grant. BACKGROUND/DISCUSSION This is the same program that has been funded through the City for the last twenty (20) years and the City will be providing the necessary administrative services. Last year's grant was for $28,784.00 and this year's grant is for $29,360.00. FINANCIAL IMPACT $15,590.00 will be used for client rents and utilities in the area served by the Salvation Army and $13,770.00 will be used for operations of the Safe House for Women, Inc. and the Salvation Army. STAFF RECOMMENDATION On your agenda are two separate resolutions authorizing the City Manager to enter into agreements with the Salvation Army and the Safe House for Women, Inc. to provide the services needed under the Emergency Shelter Grant Program. The staff requests that the Council approve these resolutions. ATTACHMENTS • BILL NO. 10-113, Resolution for Salvation Army Grant • Salvation Army Grant Agreement • BILL NO. 10-114, Resolution for Safe House Grant • Safe House for Women, Inc. Grant Agreement BILL NO. 10-113 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SALVATION ARMY OF CAPE GIRARDEAU FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES - DIVISION OF FAMILY SERVICES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with the Salvation Army of Cape Girardeau for Emergency Shelter Grant Funds from the Missouri Department of Social Services - Division of Family Services. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this day of , 2010 by and between the City of Cape Girardeau, Missouri, a municipal corporation (hereinafter "City"), and The Salvation Army (hereinafter "Salvation Army'). WITNESSETH: WHEREAS, the City has received Emergency Shelter Grant Funds from the Missouri Department of Social Services — Family Support Division; and WHEREAS, the Salvation Army has submitted a proposal to provide services to the homeless of Cape Girardeau, which has been approved by the Missouri Department of Social Services — Family Support Division. NOW THEREFORE, for and in consideration of their mutual covenants and promises hereinafter set forth, the City and Salvation Army agrees as follows: 1. The Salvation Army will provide the services outlined in its proposal, a copy of which is attached hereto and made a part of this agreement. 2. The Salvation Army will provide all local cash and in-kind match as outlined in its proposal. 3. Upon presentation of proper documentation by the Salvation Army, the City will reimburse the Salvation Army for all costs, not to exceed Twenty-one Thousand Seven Hundred Ten Dollars ($21,710.00) incurred in providing services as outlined in the Salvation Army proposal. In no event shall the Salvation Army be paid from any City funds other than funds received by the City from the State of Missouri as part of an emergency shelter grant. 4. Services provided under this agreement shall be completed no later than March 31, 2011. 5. The Salvation Army agrees to comply with federal regulations applicable to Emergency Shelter Grant projects, including, but not limited to, conflict of interest, equal employment opportunity, Section 3, female employment, affirmative action, and lead-based paint prohibition. 1 6. The Salvation Army agrees to cooperate with City in the City's compliance with all provisions of its Emergency Shelter Grant Agreement with the State of Missouri. 7. In addition to, and not in substitution for, other provisions of this agreement regarding the provision of prevention services and/or the payment of operational costs for emergency shelters pursuant to the Emergency Shelter Grant Program, the Salvation Army: a. Represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; and b. Agrees that, in connection with such essential services and operational costs: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not deny employment or give preference in employment to persons on the basis of religion; 2. It will not discriminate against any persons seeking emergency shelter and related services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; and 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, or exert no other religious influence in the provision of services or the use of facilities or furnishings assisted in any way under this agreement. PRI IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their properly authorized representatives. CITY OF CAPE GIRARDEAU Scott A. Meyer City Manager ATTEST: Gayle L. Conrad, City Clerk APPROVED AS TO FORM: W, Eric Cunningham, City Attorney THE SALVATI A OF IRARDEAU Bramwell E Biggins (Typed Name & Title of Signer) 3 rS issouri De�drtmentof(OCIAL SERVICES Your Potential. Our Support. JEREMIAH W. (JAY) NIXON, GOVERNOR • RONALD J. LEVY, DIRECTOR FAMILY SUPPORT DIVISION ALYSON CAMPBELL, DIVISION DIRECTOR 515 f'1D1YE1:ION l't' • PO NOS 2320 • JEFFERSON CITY, M065IO2 wR'W.DSS.MO.00v (573)751-6789 • (573)522 '2557FAx July 20, 2010 City Of Cape Girardeau Interim City Manager Ken Eftink 401 Independence St. P. O. Box 617 Cape Girardeau, MO 63702 Dear Interim City Manager Eftink, Please accept this letter as a formal grant award notice for the State of Missouri's FFY 2010 Emergency Shelter Grant (ESG) Program, governed by Federal Statute Stewart B. McKinney Homeless Assistance Act of 1987, Title IV, as amended (US. Code: 42 USC 11371 et seq). The ESG streamlined regulations are part of the Code of Federal Regulations at 24 CFR 576, published in the Federal Register October 2, 1996, and became effective November 1, 1996. To learn more about the federal laws, regulations, and program procedures that apply to the ESG Program, please review the ESG Program Desk Guide at httD://hudhre.info/index.cfm?do=viewEsciDeskguide It should be noted that ESG funds may not be obligated or expended for activities or projects that have not been cleared from environmental conditions. Applicable requirements of 24 CFR 576.57(e) concern Environmental Review/Compliance responsibilities under the National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58. Enclosed is a contract for the 2010 ESG Program. Please review, sign, and return the document at your earliest convenience to: Damion Trasada ESG Program Family Support Division PO Box 2320 Jefferson City, MO 65102-2320 RELAY MISSOURI FOR HEARING AND SPEECH IMPAIRED 1-800.735.2466 VOICE • 1-800-735.2966 TEXT PHONE An Equal Oppamniry Employer, servlcu provided M a nonducrlmMmory basis. Additionally, it should be noted that this contract is between the local government and the State. As such, administrative oversight rests with the local authority and carries with it compliance and fiscal responsibilities. The local governing authority must submit invoices for reimbursement on behalf of the sub -recipients listed below. As the contractor, you may, upon written request to the Family Support Division (FSD) and on behalf of the sub -recipient, request a working advance of funds in an amount equal to either 30 days cash need or $5,000.00, whichever amount is greater. If such a request is made, please submit the following: • Signed letter from local government to the Family Support Division describing the basis for the advance The amount of advance requested in the applicable five budget categories: o Administration o Rehabilitation o Operations o Essential Services o Prevention Services • Completed FFY09 Recipient Request for Reimbursement and Financial Status Report: Form 886-2260 (rev. 03/2009) Also enclosed is a document titled "Grantee/Contractor Guidelines At A Glance" which is intended to serve as broad guidance to ESG Program administration from the grantee/contractor's perspective. The grant award is based upon the budget you submitted for consideration. If a categorical adjustment/sub-recipient allocation of funds is required, please so advise prior to your obligation of funds. The following represents the approved amounts of State funds by category and proposed sub -recipient for your contract. If you submitted a request on behalf of a sub - recipient whose application was not recommended for funding, you will note that zeroes appear in all categories. NOTE: It is the responsibility of the grantee/contractor to notify sub -recipients in the event funding is not recommended. City Of Cape Girardeau Total Award: $ 29,360 Both the State and the U.S. Department of Housing and Urban Development have placed significant emphasis on the timely obligation and expenditure of ESG funds. The attached contract covers service delivery beginning April 1, 2010, through March 31, 2011. Contractors are required to obligate funds no later than 180 days after the State makes the grant available. The State may recapture any grant amounts that a contractor does not obligate. In addition, the State expects all contractors to expend ESG funds during the 12 month contract period.. Contractors who are unable to expend ESG Program funding within that period may risk a reduction in future ESG Program funding. Please monitor sub -recipient expenditure levels to ensure that all funding is expended by the end of the contract period, March 31, 2011. If you have any questions about the ESG Program contract or reimbursement procedures, please contact Leslie Kaylor at (573) 751-6789 or Leslie.K.Kaylor@dss,mo.gov. Sha I n ;��� Depu irector l 740K SA:Ik Enclosures 0 0 Y e o N C _ M 3 C V d Sub -recipient N aa) a N .� 0 � v Total Q O wm a City Of Cape Girardeau 0 0 0 0 0 0 Administration Safe House -Women 0 0 7,650 0 0 7,650 The Salvation Army 0 0 6,120 0 15,590 21,710 Both the State and the U.S. Department of Housing and Urban Development have placed significant emphasis on the timely obligation and expenditure of ESG funds. The attached contract covers service delivery beginning April 1, 2010, through March 31, 2011. Contractors are required to obligate funds no later than 180 days after the State makes the grant available. The State may recapture any grant amounts that a contractor does not obligate. In addition, the State expects all contractors to expend ESG funds during the 12 month contract period.. Contractors who are unable to expend ESG Program funding within that period may risk a reduction in future ESG Program funding. Please monitor sub -recipient expenditure levels to ensure that all funding is expended by the end of the contract period, March 31, 2011. If you have any questions about the ESG Program contract or reimbursement procedures, please contact Leslie Kaylor at (573) 751-6789 or Leslie.K.Kaylor@dss,mo.gov. Sha I n ;��� Depu irector l 740K SA:Ik Enclosures BILL NO. 10-114 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SAFE HOUSE FOR WOMEN, INC. FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES - DIVISION OF FAMILY SERVICES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with the Safe House for Women, Inc. for Emergency Shelter Grant Funds from the Missouri Department of Social Services - Division of Family Services. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this day of , 2010 by and between the City of Cape Girardeau, Missouri, a municipal corporation (hereinafter "City"), and the Safe House for Women, Inc. (hereinafter "Safe House"). WITNESSETH: WHEREAS, the City has received Emergency Shelter Grant Funds from the Missouri Department of Social Services — Family Support Division; and WHEREAS, the Safe House has submitted a proposal to provide services to the homeless of Cape Girardeau, which has been approved by the Missouri Department of Social Services — Family Support Division. NOW THEREFORE, for and in consideration of their mutual covenants and promises hereinafter set forth, the City and Safe House agrees as follows: 1. The Safe House will provide the services outlined in its proposal, a copy of which is attached hereto and made a part of this agreement. 2. The Safe House will provide all local cash and in-kind match as outlined in its proposal. 3. Upon presentation of proper documentation by the Safe House, the City will reimburse the Safe House for all costs, not to exceed Seven Thousand Six Hundred Fifty Dollars ($7,650.00) incurred in providing services as outlined in the Safe House proposal. In no event shall the Safe House be paid from any City funds other than funds received by the City from the State of Missouri as part of an emergency shelter grant. 4. Services provided under this agreement shall be completed no later than March 31, 2011 5. The Safe House agrees to comply with federal regulations applicable to Emergency Shelter Grant projects, including, but not limited to, conflict of interest, equal employment opportunity, Section 3, female employment, affirmative action, and lead-based paint prohibition - 1 6. The Safe House agrees to cooperate with City in the City's compliance with all provisions of its Emergency Shelter Grant Agreement with the State of Missouri. 7. In addition to, and not in substitution for, other provisions of this agreement regarding the provision of the payment of operational costs for emergency shelters pursuant to the Emergency Shelter Grant Program, the Safe House: a. Represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; and b. Agrees that, in connection with such essential services and operational costs: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not deny employment or give preference in employment to persons on the basis of religion; 2. It will not discriminate against any persons seeking emergency shelter and related services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; and 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, or exert no other religious influence in the provision of services or the use of facilities or furnishings assisted in any way under this agreement. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their properly authorized representatives. 4 SUBJECT Accept the Improvements completed under the Cape Girardeau Regional Airport Apron Rehabilitation and Miscellaneous Improvements Project, and authorize final payment to R.L. Persons Construction, Inc. EXECUTIVE SUMMARY The Cape Girardeau Regional Airport was awarded $1.6 million funded by the American Recovery and Reinvestment Act (ARRA) and approved by City Council at the June 01, 2009 Council Meeting for the Apron Rehabilitation and Miscellaneous Improvements Project. This project was awarded to R.L. Persons Construction, Inc on April 30, 2009 was completed in October 2009. Punch list items were completed in July 2010. BACKGROUNDIDISCUSSION The City Council approved a resolution at the May 4, 2009 Council meeting authorizing the City Manager to enter into an agreement with R.L. Persons Construction in the amount of $1,362,298.60 for airfield projects to include the rehabilitation of the Cape Aviation South ramp; a complete remarking of all airfield surfaces, including new, PAA mandated surface painted signage; and a variety of crack sealing and pavement repair projects throughout the airfield at the Cape Girardeau Regional Airport. After thorough inspections with the Missouri Department of Transportation (MoDOT) and our consulting engineer, Crawford Murphy & Tilly, it has been determined the project has been completed in accordance with contract documents and specifications. FINANCIAL IMPACT The completed construction cost for the Apron Rehabilitation and Miscellaneous Improvements Project was $1,352,298.60 which was funded by the American Recovery and Reinvestment Act Grant with a 0% local match. Other costs for this project, not associated with the R.L. Persons contract, included design fees and construction observation fees, which were funded with a combination of ARRA and MoDOT funds. The additional costs totaled $239,795.00 of which the City's local match was $8,164.00. SUSTAINABILITY: ECONOMIC ENVIRONMENTAL AND SOCIAL IMPACTS This project provided much needed improvements to the overall infrastructure of the Cape Girardeau Regional Airport. It allowed several projects to be completed from the Airport Master Plan as well as the Capital Improvements Program. STAFF RECOMMENDATION It is recommended that the City Council accept the improvements and authorize the final payment in the amount of $96,599.68 to the contractor, R.L. Persons Construction, Inc.. ATTACHMENTS • Item D — Summary of Project Events • 3 Yr Maintenance Bond D. Summary of Project Events The bid opening for the project was April 281", 2009. Three contractors submitted bid proposals for the project. (The bid tabs are included on the following page) The low apparent bidder was R.L. Persons Construction, of Poplar Bluff, MO. Upon approval by CMT, the city, and MoDOT, the project was awarded to R.L. Persons on April 30, 2009. The pre -construction meeting was held on the morning of June 17, 2009. The notice to proceed was issued on Monday, the 22m of June. The first day of construction was June 24'". The first week of construction consisted of perimeter sawcutting and tie down coring, performed by Precision Cutting and Coring, LLC of Kansas City, Kansas, in preparation for pavement demolition, and some isolated PCC spall repairs on the terminal apron and Taxiway D. The breaking and removal of the South Apron pavement took several weeks, partially due to the maximum size requirements of the rubblized PCC layer to be placed below the new pavement structure. The overexcavation and placement of the rubblized layer and geotextile fabric was completed by the end of July. The crushed aggregate cap and base layer were placed the last week of July through the first week of August Work continued on the South Apron pavement areas into August. All work was contained to the South Apron area until the 10'" of August, when the work necessary to construct the temporary displaced threshold and pavement demolltion on Runway 10 commenced. Electrical Contractors -was sub -contracted by R.L. Persons to perform the installation of the electrical portion of the displaced threshold, including the re-routing of the runway circuit. The first 20' lane of the South Apron pavement was also placed on the 10" Pavement removal and unsuitable overexcavation in the Runway 10 panel area was completed during the week, the area was prepared and paved on the 13'" of August. The removal of the Taxiway F pavements began on the 14" of August. Silt fence, earthwork and the crushed aggregate base were placed in the following days, and the taxiway was repaved on the 19 by Apex Paving Company of Dexter, Missouri. R.L. Persons continued paving every other lane of the South Apron pavements throughout August. T'ne final day of paving was August 31", when the final closure lane of the South Apron and the north side of the Taxiway C/Apron Expansion joint were completed. The Huff Sealing Corporation of Albion, Illinois, was subcontracted to perform all asphalt and PCC crack routing and sealing and the seal coating of all airfield asphalt. Crack sealing operations were performed from the 11" to the 16' of August, then again on the 26d' and 27" of August when there was access to the closed Runway 2-20, and additional asphalt crack sealing quantities had been approved for addition to the contract. The seal coating of the airfield asphalt was performed from the 18"' of August to the 28", Huff Sealing was retained by R.L. Persons to clean and seal all new PCC jointing. The removal and remarking of the airfield, performed by Park Mark, Inc., of St. Louis, Missouri, was an onq�oing process that began on the 10'" of August. All removals were completed by the 28 of August, and the new markings were completed by the 4" of September_ . After an additional amount of PCC spall repair quantity was added to the contract, R.L. Persons returned to the airport to complete spall repairs in isolated areas on Runway 2-20, Taxiway E and the Terminal Apron. This work was completed on the 301" of September. 10 A final inspection on the 21" of October, 2009, was attended by: Glen Stratman, MoDCT Aviation; Brian Hutsell and Jeff Lange, Crawford, Murphy & Tilly, Inc.; Bruce Loy and Ray Kelly, Cape Girardeau Regional Airport; Mitch Parris and Brian Miller, R.L. Persons Construction. Several areas of construction were found to be deficient, and a punchlist was created covering cracked PCC panels, "pulled" saw joints on the new South Apron pavement, enhanced centerline issues, and other minor problems, mostly contained in the South Apron area. Discussions between the city, MoDOT and the FAA led to the decision to delay the closure of the project until the spring, to allow the pulled joints and PCC panel cracks to experience a winter's worth of extreme temperatures before any repairs were attempted. The repair method and repair areas were determined at that time. The consensus was to accept a five year warranty covering the replacement of any of the pulled joints that showed further distress and/or spalling. The numerous corner cracks were to be routed and sealed to prevent future spalling and water intrusion while still allowing for the minor movements expected in the slab. All other repairs were to be completed as shown in the punchlist. Separate Part 139 compliance issues with the FAA required Park Mark to return on the 28" of April, 2010 to correct the enhanced centerlines in the punchlist. R.L. Persons completed their punchlist work from July 12" to July 22ntl, with the assistance of Huff Seating on the 14`". Park Mark returned in early August to touch up the paint damaged or removed during the punchlist repairs. The 5 -year warranty covering the spall repair of the affected 'pulled" joints is attached to this report as an appendix. 11 MAINTENANCE 60ND Bond 08942671 KNOW ALL BY THFSF PRESENTS, That Ave, R.L. Persons Construction, Inc., as Principal, and Fidelity and Deposit Company of Maryland, 3910 Keswick Rd., PO Box 1227, Baltimore, MD 21202 R corporation organized under the laws of the State of Maryland and duly authorized to do business in the State of Missouri , as Surety, are held and firmly bound unto City of Cape Girardeau, Missouri as Obligee, in the penal sum of Ninety-six Thousand Six Hundred Dollars And Zero Cents (S 96,600.00 ) to which payment well and inly to be made we do bind ourselves,our and each of our heirs, executors, administrators, successors and assignsjointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the of Cape Girardeau, Missouri dated for Rehab of South Apron Runway 10 End, Crack Seal and Seal Coat Airfield Asphalt, Remove and Remark Airfield WHFREAS, said Contract has been completed, and was approved on 231d day. of July 1 2010 NOW, THEREFORE, THE CONDITION OF THIS OBLIGA'CIONIS SUCH, That if the -Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of Three Years (3) year(s) following completion of the Contract then this obligation shall be void, other rise to remain in full force -and effect, provided however, any additional warranty, or guaranteewhetherexpressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. , Signed andsealed this 31st day of August 1 2010 R.L. Persons Construction, Inc., (Seal) (Seal) (Seal) Fidelity and Deposit Company of Maryland, 3910 Keswick Rd., PO Box 1227, Blltimi;Fe-M62120P By Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND., a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the.ByLaws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dat h e y nominate, constitute and appoint Thomas R. WELSCH, Dennis D. FLATNESS, Dennis W , , Barbara M. JOHNSON, Susan M. STEFANSKI and Barbara J. LE M true and lawful agent and Attorney -in -Fact, to make, execute, seal and d I o as its actand decd: any and all bonds and undertakings, and the exec i s or - e ance of these presents, shall be as binding upon said Company as W :,,. o� �a es, as if they had been duly executed and acknowledged by r el t hof est+/Very y at office in Baltimore, Md., in their own proper persons. This power of alton es tr I of Thomas R. WELSCH, Dcuuis D. FLATNESS, Dennis W. LUTL, Taffra S. HOLMAb ';=,, Barbara M. JOHNSON, Barbara J. LEMM, dated November 24, 2003. The said Assistant r docs hereby certify that the extract set forth on the reverse side hereof is a true copy of Anicte VI, Section 2, of the By -Laws of said Company, and is now in force. W WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April, A.D. 2005. ATTEST: oi- State of Maryland iss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,'") Eric D. Barnes Assistant Secretary By: / William J. Mills Vice President On this 14th day of April, A.D. 2005, before the subscriber, a Notary' Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeih and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, t have hereunto set my hand and affixed my Official Seal the day and year first above written. .,,.,r„„ runn"`� POA -F 0790973 Consrance A. Dunn Notary Public My Commission Expires: July 14, 201 1 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Aniclu VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President. or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shalt have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Pati as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of murtgages.... and to affix the seal of the Company thereto." CERTIFICATE i, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and cffecl on the date or this certificate; and 1 do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provider) in Article VI, Sectinn 2, of the By -Laws of the PIDELf I'Y AND DEPOSIT COMPANY OF MARYLAND" "]his Power of Attorney and Certificate may he signed by facsimile under and hy-authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 101h day of May, 1990. RESOLVED- "That the I'ocshaile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary oftheCompany, whether made herctoforc or hereafter, wherever appearing upon a certified copy of any power of atturnoy issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually oflixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal or the said Company, this 31st day of August 2010 Amann! Srrrrnve SUBJECT Motion Accepting Sanitary Sewer and Water Main Extension Improvements for Resubdivision of Lots 93-102 of Walden Park Phase 2 - Amended EXECUTIVE SUMMARY Improvement plans were submitted and approved for the construction of sanitary sewers and water main extension to serve Resubdivision of Lots 93-102 of Walden Park Phase 2 - Amended. The project has been completed generally in accordance with the approved plans, by private contract, and with city inspection. BACKGROUND/DISCUSSION At the City Council meeting on June 7, 2010, the Council, by motion, approved improvement plans for the construction of sanitary sewer and water main extension to serve Resubdivision of Lots 93-102 of Walden Park Phase 2 - Amended. STAFF RECOMMENDATION Staff recommends that the Council accept the sanitary sewer and water main extension improvements for Resubdivision of Lots 93-102 of Walden Park Phase 2 — Amended contingent upon the receipt of unpaid inspection fees. ATTACHMENTS • Subdivision exhibit Aerial Map of Walden Park I/WIU SUBJECT Motion Accepting Sanitary Sewer, Water Main Extension, and some Storm Sewer Improvements for Cape West Crossings Phase It, Amended EXECUTIVE SUMMARY Improvement plans were submitted and approved for the construction of sanitary sewers, water main extension, and some storm sewers to serve Cape West Crossings Phase II. Because the Record Plat has been approved and recorded, the developer submitted an escrow agreement to insure that the work was completed. The project has been completed generally in accordance with the approved plans, by private contract, and with City inspection. BACKGROUND/DISCUSSION The developer of Cape West Crossings Phase II, Amended submitted improvement plans that conform to the City specifications. This four (4) lot subdivision is located on the southwest corner of Mount Auburn Road and Bloomfield Road. The record plat was approved on January 4, 2010 by Ordinance No. 4092 with the understanding that no major improvements were required. The developer then indicated that he wished to submit improvement plans for sanitary sewer, storm sewer, water, and an access drive. The access drive is to remain privately owned as well as most of the storm sewer. Water, sanitary sewer, and part of the storm sewer are public improvements. To insure that the completion of these public improvements an escrow agreement of $55,142 was submitted. STAFF RECOMMENDATION It is recommended that the City Council accept the sanitary sewer, water main extension, and some of the storm sewer as indicated on the Improvement Plans for Cape West Crossings Phase II, Amended contingent upon the receipt of as -built drawings and balance of inspection fees. The access drive and the remainder of the storm sewer will be privately maintained. ATTACHMENTS 0 Aerial Map 11/25/09 Agenda: September 7, 2010 REPORT Staff: Ken Eftink, Assistant City Manager/ AGENDA Development Services Director CapeGirardeauCouncil SUBJECT Motion Approving the Release of Escrow Agreement and Certificate of Deposit for Cape West Crossings Phase It Amended EXECUTIVE SUMMARY This item provides for the release of the escrow established for Cape West Crossings Phase II Amended on May 24, 2010 to assure the completion of all improvements in this subdivision. The total amount of the escrow was $55,142. The improvements have been completed and the developer is requesting that the escrow be released. BACKGROUND/DISCUSSION The developer of Cape West Crossings Phase II Amended has completed the construction of improvements that conform to the City specifications. This four (4) lot subdivision is located on the southwest corner of Mount Auburn Road and Bloomfield Road. The improvements that were included in the escrow agreement were the construction of water, sanitary sewer, and part of the storm sewer. STAFF RECOMMENDATION It is recommended that the City Council release by motion the total amount of $55,142 of the escrow agreement covering the cost of the public improvements. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended approval of the record plat for Cape West Crossings Phase II Amended at their meeting on December 9, 2009. ATTACHMENTS • Aerial Map • Copy of the release of escrow agreement I I/LJ/V`J RELEASE OF ESCROW AGREEMENT AND CERTIFICATE OF DEPOSIT Release made this day of , 2010, by the City of Cape Girardeau, Missouri, 401 Independence Street, Cape Girardeau, MO 63703, hereinafter referred to as "City", to Mayson Investments, LLC, hereinafter referred to as "Developer", and to Banterra Bank, hereinafter referred to as "Escrow Agent". WITNESSETH: On May 24, 2010, City, Developer and Escrow Agent entered into an Escrow Agreement and Certificate of Deposit, hereinafter referred to as "Documents", recorded as Document 2010- 07341 of the land records of Cape Girardeau County for the development of Cape West Crossings Phase II Amended in the City of Cape Girardeau, Missouri. The City Council of the City of Cape Girardeau, Missouri, has determined that all of the work covered by said Documents for said subdivision as set out in the improvement plans and specifications therefore, has been satisfactorily completed. NOW, THEREFORE, in consideration of the satisfactory completion of all of the improvements set forth in the plans and specifications for said subdivision, the City hereby authorizes and directs Escrow Agent to release to the Developer all funds held by it pursuant to the above Documents. Developer and Escrow Agent are hereby discharged from any further obligations to the City under said documents, and said Documents are hereby canceled and terminated. IN WITNESS WHEREOF, this Release has been executed the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Scott A. Meyer, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. LaDonna Laub, Notary Public My Commission Expires: August 4, 2011 City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE IN TYPE OF LIC. NEW RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 8-27-10 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS: I have received an application from ALICIA NI. DAMBACH, d/b/a RUMORS, located at 36 N. SPANISH ST., for a RETAIL LIQUOR BY THE DRINK license. Contact number is 579-8247. Please complete inspection and return to Customer Service. Referred to Police Department 8-27-10 Referred to City Inspector 8-27-10 Referred to Fire Inspector 8-27-10 Referred to Health Inspector 8-27-10 Notice (sign) given to Applicant: 8-27-10 for Council Meeting on 9-7-10 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT 1 to CITY INSPECTOR lV/ �1 10 Ld�uU l�cr HEALTH INSPECTOR FIRE INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER City of Cape Girardeau 401 INDEPENDENCE P0BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: RUMORS Managing Officer ALICIA M. DAMBACH Business Address: 36 N. SPANISH ST. Type of Liquor License: RETAIL LIQUOR BY THE DRINK Type of license in last 6 months: N/A Approval of Applicant by Police Depa m nt- Date Q Signature i Inspection Personnel: Zoning Classification The applicant (is, is not) required to post the notice required under, Sec. 5-33-a. The applicant (has, has not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (is, is not) within 200 feet of a church or school building or resident. Sec. 5-6 This structure (is, is not) zoned correctly as required under Chapter 30 (4) of the City Code of Ordinances. Signature This liquor license was conditionally approved by the City Council at their meeting Applicant: Managing Officer Business Address: City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW RUMORS ALICIA M. DAMBACH 36 N. SPANISH ST. Type of Liquor License: RETAIL LIQUOR BY THE DRINK Type of license in last 6 months: N/A Approval of Applicant by Police Department: Date Inspection Personnel: Zoning Classificatione /fzIo The applica (is, is not) required to post the notice required under, Sec. 5-33-a. 1 The applica t (has as not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (isis not thin 200 feet of a church or school building or resident. Sec. 5-6 This structur is, i not) zoned correctly as >:cquired-unaer -Sa�ter�0 (4) of the City This liquor license was conditionally approved by the CityCouneil at their meeting CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OF B USINESS: RUMORS BUSINESS ADDRESS: 36 N. Spanish MANAGING OFFICER: Alicia M. Dambach DATE OF REVIEW. September I, 2010 SUMMARY OFACTIVITIES EFFECTING THE ESTABLISHMENT.• There is no criminal history on record for Ms. Alicia M Dambach. This is for anew liquor license for retail liquor by the drink at the above location. There were no incidents that occurred at the above address requiring police intervention within the past twelve month. Captain Jack Wimp, Support Services Division CGPD Form #112 ATTEST: Gayle L. Conrad, City Clerk APPROVED AS TO FORM: W. Eric Cunningham, City Attorney 3 CITY OF CAPE GIRARDEAU Scott A. Meyer City Manager SAFE HOUSE FOR WOMEN, INC. Li r-ct a. V ajyw A2 - EXe c . U I (- c tcv- (Typed Name & Title of Signer) City Of Cape Girardeau Total Award: $ 29,360 Both the State and the U.S. Department of Housing and Urban Development have placed significant emphasis on the timely obligation and expenditure of ESG funds. The attached contract covers service delivery beginning April 1, 2010, through March 31, 2011. Contractors are required to obligate funds no later than 180 days after the State makes the grant available. The State may recapture any grant amounts that a contractor does not obligate. In addition, the State expects all contractors to expend ESG funds during the 12 month contract period. Contractors who are unable to expend ESG Program funding within that period may risk a reduction in future ESG Program funding. Please monitor sub -recipient expenditure levels to ensure that all funding is expended by the end of the contract period. March 31, 2011. If you have any questions about the ESG Program contract or reimbursement procedures, please contact Leslie Kaylor at (573) 761-6789 or Leslie. K.Kaylor@dss.mo.gov. r SA:Ik Enclosures c 0 0 O Ri N O +J N C = f]�Q d G U C y Sub -recipient a) Q, N d Total ¢ O w a) a City Of Cape Girardeau 0 0 0 0 0 0 Administration Safe House -Women 0 0 7,650 0 0 7,650 The Salvation Army 0 0 6,120 0 15,590 21,710 Both the State and the U.S. Department of Housing and Urban Development have placed significant emphasis on the timely obligation and expenditure of ESG funds. The attached contract covers service delivery beginning April 1, 2010, through March 31, 2011. Contractors are required to obligate funds no later than 180 days after the State makes the grant available. The State may recapture any grant amounts that a contractor does not obligate. In addition, the State expects all contractors to expend ESG funds during the 12 month contract period. Contractors who are unable to expend ESG Program funding within that period may risk a reduction in future ESG Program funding. Please monitor sub -recipient expenditure levels to ensure that all funding is expended by the end of the contract period. March 31, 2011. If you have any questions about the ESG Program contract or reimbursement procedures, please contact Leslie Kaylor at (573) 761-6789 or Leslie. K.Kaylor@dss.mo.gov. r SA:Ik Enclosures City of Cape Girardeau DISAPPROVED 401 INDEPENDENCE COMMENTS P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) CHANGE IN TYPE OF LIC. TEMPO NEW RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 8-17-10 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS: I have received an application from MARY T. RAMSEY, d/b/a CITY OF ROSES MUSIC HERITAGE ASSOCIATION, located at WATER STREET (BETWEEN BROADWAY & THEM IS), for a TEMPORARY 5% LIQUOR BY THE DRINK license. Contact number is 979-3737. Please complete inspection and return to Customer Service. Referred to Police Department 8-17-10 Referred to City Inspector 8-17-10 Referred to Fire Inspector 8-17-10 Referred to Health Inspector N/A Notice (sign) given to Applicant: N/A for Council Meeting on 9-7-10 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT 1 [� CITY INSPECTOR / � V B �0 �" � �QQ Q�CLCVt� HEALTH INSPECTOR FIRE INSPECTOR / V The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: CITY OF ROSES MUSIC HERITAGE ASSOCIATION Managing Officer MARY T. RAMSEY Business Address: WATER ST. (BETWEEN BROADWAY & THEMIS) Type of Liquor License: TEMPORARY j% LIQUOR BY THE DRINK Type of license in last 6 months: N/A Approval of Applicant by Police Depi m n� Date—*— ate (� Signature Inspection Personnel: Zoning Classification The applicant (is, is not) required to post the notice required under, Sec. 5-33-a. The applicant (has, has not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (is, is not) within 200 feet of a church or school building or resident. Sec. 5-6 This structure (is, is not) zoned correctly as required under Chapter 30 (4) of the City Code of Ordinances. Date Signature This liquor license was conditionally approved by the City Council at their meeting on City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: CITY OF ROSES MUSIC HERITAGE ASSOCIATION Managing Officer MARY T. RAMSEY Business Address: WATER ST. (BETWEEN BROADWAY & THEMIS) Type of Liquor License: TEMPORARY 5% LIQUOR BY THE DRINK Type of license in last 6 months: N/A Approval of Applicant by Police Department: Date Signature Inspection Personnel: Zoning Classification The applicant (i 1s no equired to post the notice required under, Sec. 5-33-a. The applicant (has as n )osted for 10 days the notice required under Sec. 5-33-1-a This structure (is,os not ithin 200 feet of a church or school building or resident. Sec. 5-6 This stru/�ctur / iss not) zorlignaturt ectly as required under pter 30 (4) of the City Code of Ordinances. Date 3— ( U �� / Thisliquor license was conditionally approved by the City Council at their meeting CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT NAME OF BUSINESS: City of Roses Music Heritage Association BUSINESS ADDRESS: Water Street between Broadway and Themis MANAGING OFFICER: Mary T. Ramsey DATE OFREVIEW. September 1, 2010 SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT: The enclosed application is for a temporary liquor license permit for 5% beer by the drink for October Is` and October 2n 2010 for the annual City of Roses Music Fest. Ms. Ramey pled guilty to Driving While Intoxicated in May of 2003 in Jackson Municipal Court. This application is for one temporary permit for the event. The stand will be located on Water Street just south of Broadway Street. The applicant also requests that consumption be allowed within the approved permit area for consumption which is Water Street. There were no incidents at last year's Music Fest associated with the association's alcohol sales that required police intervention. Captain Jac !ring,, Auxiliary Services Division CGPD Form #112 CITY OF CAPE GIRARDEAU STATE OF MISSOURI APPLICATION FOR TEMPORARY LIQUOR LICENSE PERMIT Form No. 3 CHECK ONE OR MORE: $10.00 License Fee 3.2% Non -Intoxicating Beer by Drink (E) 5% Beer by Drink (F) NAME OF APPLICANT ORGANIZAT PHONE NUMBER 413 9 3 , NAME OF BUSINESS OR LOCATION WHERE LICENSE WILL BE USED LICENSE REQUESTED FOR PERIOD C'1 2 10 to Seven Days Maximum — FUNCTION OR EVENT FOR WHICH LICENSE IS REQUESTED: ✓ n e9dt ber DESCRIPTION OF LOCATION WHERE MERCHANDISE IS KEPT AND SOLD: PLEASE ATTACH A COPY OF A SKETCH PLAN SHOWING LOCATION OF THIS BAR IN RELATIONSHIP TO THE TOTAL PROPERTY (Include intervening streets). This need not be drawn to scale, but should be a schematic representation of the layout of the buildings and bars to determine that provisions of the ordinance are met. I, the undersigned, understand and agree that if any of the above answers or statements, including the sketch plan, are untrue and the license herein applied for is granted, such license may be suspended or revoked by the City Council. I further understand and agree that if I, or any of my employees, shall violate the provisions of any ordinances of the City of Cape Girardeau, Missouri or allow others to do so upon the licensed premises, the City Council may suspend or revoke this SPECIAL license. I further understand that this is & SPECIAL PERMIT and is good only for the period covered above. Applicant Representative: First -Name Mi dl— e initial La t Na a �- Date of Birth 00 0 3 99 7 Social Security Number FOU t AUG 16 2010 mI q CITY OF CAPE GIRARDEAU City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE IN TYPE OF LIC. NEW RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 8-17-10 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS: I have received an application from MARY T. RAMSEY, d/b/a CITY OF ROSES MUSIC HERITAGE ASSOCIATION, located at MAIN STREET (BETWEEN BROADWAY & THEMIS), for a TEMPORARY 5% LIQUOR BY THE DRINK license. Contact number is 979-3737. Please complete inspection and return to Customer Service. Referred to Police Department 8-17-10 Referred to City Inspector 8-17-10 Referred to Fire Inspector 8-17-10 Referred to Health Inspector N/A Notice (sign) given to Applicant: N/A for Council Meeting on 9-7-10 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT / D CITY � / V R �� LD /Q-- odjachj-(L INSPECTOR HEALTH INSPECTOR INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: CITY OF ROSES MUSIC HERITAGE ASSOCIATION Managing Officer MARY T. RAMSEY Business Address: MAIN ST. (BETWEEN BROADWAY & THEMIS) Type of Liquor License: TEMPORARY 5% LIQUOR BY THE DRINK Type of license in last 6 months: N/A Approval of Applicant by Police Depa pe* Date -D Signature ( 6 Inspection Personnel: Zoning Classification The applicant (is, is not) required to post the notice required under, Sec. 5-33-a. The applicant (has, has not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (is, is not) within 200 feet of a church or school building or resident. Sec. 5-6 This stricture (is, is not) zoned correctly as required under Chapter 30 (4) of the City Code of Ordinances. Date Signature This liquor license was conditionally approved by the City Council at their meeting on City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: CITY OF ROSES MUSIC HERITAGE ASSOCIATION Managing officer MARY T. RAMSEY Business Address: MAIN ST. (BETWEEN BROADWAY & THEMIS) Type of Liquor License: TEMPORARY 5% LIQUOR BY THE DRINK Type of license in last 6 months: N/A Approval of Applicant by Police Department: S1 Inspection Personnel: Zoning Classification e—&D D The applicant (is, s no equired to post the notice required under, Sec. 5-33-a. The applicant (ha as no osted for 10 days the notice required under Sec. 5-33-1-a This structure (is, thin 200 feet of a church or school building or resident. Sec. 5-6 This structur 1s s not) zoned correctly s -re ire and apter 30 (4) of the City Code of Ordinances. Date ���� Sign ure This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT NAME OF BUSINESS: City of Roses Music Heritage Association BUSINESS ADDRESS: Main Street between Broadway and Themis MANAGING OFFICER: Mary T. Ramsey DATE OFREVIE W. September I, 2010 SUMMARY OFA CTIVITIES EFFECTING THE ESTABLISHMENT: The enclosed application is for a temporary liquor license permit for 5% beer by the drinkfor October P and October 2"d 2010 for the annual City of Roses Music Fest. Ms. Ramsey pled guilty to Driving While Intoxicated in May of 2003 in Jackson Municipal Court. This application is for one temporary permitfor the event. The stand will be located on Main Street just south of Broadway Street. The applicant also requests that consumption be allowed within the approved permit area for consumption which is Main Street. There were no incidents at last year's Music Fest associated with the association's alcohol sales that required police intervention. JCarlA.K .... is(,, , Chief of Police Captain Jac4 Wimp, Support Services Division CGPD Form 1:112 Form No. 3 CITY OF CAPE GIRARDEAU STATE OF MISSOURI APPLICATION FOR TEMPORARY LIQUOR LICENSE PERMIT CHECK ONE OR MORE: $10.00 License Fee 3.2% Non -Intoxicating Beer by Drink (E) 5% Beer by Drink (F) NAME OF APPLICANT nOR�7GANIZA7TION t O /�'QPe<P (CCJIG Hem( fQL�� /�SSC)U Q/�/ PHONE NUMBER 5�3, 7 / 9-3 / 37 S+7e,f- / WHERE LICENSEESS WILLRBEL AUSEDON A)WlU LICENSE REQUESTED FOR PERIOD DCLjqbfrI �e I0 to OC'�(� � ae �D Seven Days Maximum FUNCTION 0 EVENT FOR WHICH LICENSE IS REQUESTED: DESCRIPTION OF LOCATION WHERE MERCHANDISE IS KEPT AND SOLD: PLEASE ATTACH A COPY OF A SKETCH PLAN SHOWING LOCATION OF THIS BAR IN RELATIONSHIP TO THE TOTAL PROPERTY (Include intervening streets). This need not.be drawn to scale, but should be a schematic representation of the layout of the buildings and bars to determine that provisions of the ordinance are met. I, the undersigned, understand and agree that if any of the above answers or statements, including the sketch plan, are untrue and the license herein applied for is granted, such license may be suspended or revoked by the City Council. I further understand and agree that if I, or any of my employees, shall violate the provisions of any ordinances of the City of Cape Girardeau, Missouri or allow others to do so upon the licensed premises, the City Council may suspend or revoke this SPECIAL license. I further understand that this is a SPECIAL PERMIT and is good only for the period covered above. Applicant Representative: LOW -L �Qaa First,Name Middle Initial -Last Name lgnature Date of Birth Position wi h A licant Or anization 1500- 86.3gq 7 Social Security Number PP 5 PAID: Rt(it AUG 16 2010 '01 OF ORARDEAU COURTHOUSE STEPS N a SPANISH STREET E P T 1 -MAIN STAGE 2 - GATES 3 - BEER WAGON 1 4 - BBQ COOK OFF 5 - RAGSDALE'S 6-BUCKNER 7 - BROUSSARD'S 8 -PORT CAPE GIRARDEAU 9 - BILLIARD CENTER 10 -MIXING 10 11 - THE LIBRARY 12 - THE BEL AIR GRILL 13 - MOLLIES 14 - BELLA ITALIA 15 - THE POUR HOUSE 16 - THE RUDE DOG PUB 17 - ROXY's 18 - LODO's 19 - CAIN's 20 - BREAKAWAY's B R 0 A D w A V -STAGE TICKET BOOTH - FESTIVAL PERIMETER v v v - VENDORS -BATHROOMS CITY LOT OPEN`M,z 5i City of Cape Girardeau 401 INDEPENDENCE PO BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE IN TYPE OF LIC. NEW RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 8-6-10 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS: I have received an application from CUONG TIEN LE, d/b/a FASHION NAILS, located at 53 S. PLAZA WAY, for a 5% LIQUOR BY THE DRINK license. Contact number is 339-9592. Please complete inspection and return to Customer Service. Referred to Police Department 8-6-10 Referred to City Inspector 8-6-10 Referred to Fire Inspector 8-6-10 Referred to Health Inspector 8-6-10 Notice (sign) given to Applicant: 8-6-10 for Council Meeting on 9-7-10 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT // o CITY INSPECTOR V/ ��� jo A_QQ. (dj7&CVjUL, HEALTH INSPECTOR FIRE INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: FASHION NAILS Managing Officer CUONC. TIEN LE Business Address: 53 S. PLAZA WAY Type of Liquor License: 5% LIQUOR BY THE DRINK Type of license in last 6 months: N/A Approval of pplicant by Police Dep tm n Date )1 Signatur Inspection Personnel: Zoning Classification The applicant (is, is not) required to post the notice required under, Sec. 5-33-a. The applicant (has, has not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (is, is not) within 200 feet of a church or school building or resident. Sec. 5-6 This structure (is, is not) zoned correctly as required under Chapter 30 (4) of the City Code of Ordinances. Date Signature. This liquor license was conditionally approved by the City Council at their meeting on City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: FASHION NAILS Managing Officer CUONG TIEN LE Business Address: 53 S. PLAZA WAY Type of Liquor License: 5% LIQUOR BY THE DRINK Type of license in last 6 months: N/A Approval of Applicant by Police Department: Date Si Inspection Personnel: Zoning Classification The applicant (is, s not) required to post the notice required under, Sec. 5-33-a. The applican ha as not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (is, i o ithin 200 feet of a church or school building or resident. Sec. 5-6 This structur is ' not) zoned correct der Chapter 30 (4) of the City Code of Ordinances. Date — �2� c7 ig ure --- This liquor license was conditionally approved by the City Council at their meeting on NAME OF BUSINESS. BUSINESS ADDRESS: MANAGING OFFICER: DATE OF REVIEW: CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITY REPORT FASHION NAILS 53 S. Plazaway Cuong Tien Le August 10, 2010 SUMMARY OFA CTIVITIES EFFECTING THE ESTABLISHMENT.• There is no criminal history on record for Mr. Cuong Tien Le. This is for a new liquor license for 5% liquor by the drink at the above location. 'There were no incidents that occurred at the above address requiring police intervention within the past twelve months: ;arIA. Kj/�.i : ���� Imo% �✓ _ a, �,J,(J Captain Yack Wimp, Support Services Division CGPD Form #112 NEW ORDINANCES Director of Development Services SUBJECT Ordinance Authorizing Special Tax Bills to be issued for properties at: 1004 Hickory Street, 422 Good Hope Street, and 321 South Ellis Street EXECUTIVE SUMMARY The issuance of special tax bills are in order for costs incurred in demolishing condemned structures at 1004 Hickory Street, 422 Good Hope Street, and 321 South Ellis Street under the provisions of Chapter 7, Article VII of the Code of Ordinances. BACKGROUND/DISCUSSION The properties were condemned and owners notified of their responsibilities under Chapter 7, Article VII of the Code of Ordinances. The property owners failed to comply with the Orders of the Building Supervisor, therefore, leading to the demolition of their properties and special tax bills being issued. The structure at 1004 Hickory was demolished at a cost of $2,945.00. The structure at 422 Good Hope Street demolished and cleared of all debris at a cost of $3,904.00. The structure at 321 South Ellis Street was cleaned up at a cost of $1,450.00. FINANCIAL IMPACT The attached ordinance will issue tax bills which shall bear an interest rate of eight per cent (8%) per annum on the outstanding balance of the tax bills until the balance is paid in Rill. STAFF RECOMMENDATION Staff recommends approval of the attached ordinance allowing Special Tax Bills to be issued for the City's cost in the demolition and clean up of the above mentioned properties. ATTACHMENTS 0 BILL NO. 10-109, Ordinance authorizing Special Tax Bills BILL NO. 10-109 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU WHEREAS, the Building Supervisor of the City of Cape Girardeau, Missouri, issued orders causing certain dangerous buildings to be demolished; and WHEREAS, the City of Cape Girardeau did cause said buildings to be demolished in accordance with the Orders thereby incurring certain expenses; and WHEREAS, the Building Supervisor authorized the issuance of certain tax bills. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. There is hereby levied, and the City Clerk is hereby authorized and ordered to place on file Special Tax Bills issued in accordance with the Orders of the Building Supervisor which shall be a lien against the following described property in accordance with law, in the following amounts, until paid or collected by the City of Cape Girardeau, Missouri: $1,450.00 - 321 South Ellis Street, Cape Girardeau, MO N 13' of Lot 69 and S 36' of Lot 70 Range H $3,904.00 - 422 Good Hope Street, Cape Girardeau, MO W 45 Ft. of #90 Ft. Lot 37, Range G $2,945.00 - 1004 Hickory Street, Cape Girardeau, MO Lot Nine (9) in Block Fourteen (14) of Giboney Houck 4th Subdivision Article 2. Said Tax Bills shall bear an interest rate of eight percent (8%) per annum. 1 Article 3. This Ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED this day of , 2010. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 2 Agenda: September 7, 2010 Staff: Ken Eftink, Assistant City Manager/ Development Services Director SUBJECT Request to rezone the property located to the west of Spartech Plastics and east of Optimist Drive from the R-1 (Single Family Suburban Residential) District to the M-2 (Heavy Manufacturing) District. EXECUTIVE SUMMARY It is the request of the City of Cape Girardeau to rezone the property located at the southeast intersection of Spartech Drive and Optimist Drive just to the west of Spartech Plastics from the R -I (Single Family Suburban Residential) District to the M-2 (Heavy Manufacturing) District. BACKGROUNDIDISCUSSION This is roughly a 50' by 500' piece of property that is owned by the City that Spartech Plastics has been using for the past twenty-three (23) years. The request is to rezone the property from the R-1 (Single Family Suburban Residential) District to the M-2 (Heavy Manufacturing) District. Spartech Plastics desires to purchase the property from the City for the purposes of constructing another building on their property to expand their business. The future land use plan recommends park and recreational uses for this property. STAFF RECOMMENDATION Staff recommends that the Council approve the request to rezone the property from the R-1 (Single Family Suburban Residential) District to the M-2 (Heavy Manufacturing) District. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission is recommending that the request for the rezoning be approved. The motion was made for approval of the request, with the vote being 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS • BILL NO. 10-110, Ordinance for rezoning • Staff Review Form • Planning and Zoning Action Form • Rezoning Application • Zoning Map • Future Land Use Map • Aerial Map BILL NO. 10-110 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE SOUTHEAST CORNER OF SPARTECH DRIVE AND OPTIMIST DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU. MISSOURI FROM R-1 TO M-2 WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this ordinance from R-1, Single-family Suburban Residential District, to M-2, Heavy Manufacturing/Industrial District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Monday, September 7, 2010; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from R-1, Single-family Suburban Residential District, to M-2, Heavy Manufacturing/Industrial District; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning of the southeast corner of Spartech Drive and Optimist Drive, in the City and County of Cape Girardeau, Missouri, from R-1, Single-family Suburban Residential District, to M-2, Heavy Manufacturing/Industrial District, said area including the following described property: THAT PART OF LAND BEING PART OF LOT NUMBER ONE (1) OF ROBERT STURDIVANT'S SUBDIVISION OF OUT LOT 81 IN SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN LOCATED IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 34" Iron Rod at the Northwest Corner of Lot Numbered Four (4) of Nothdurft's Partition in said City of Cape Girardeau, as shown in Plat Book 44, at Page 446 of the Land Records of said Cape Girardeau County Missouri; thence S.610201261W., a distance of 62.20 feet to a Point; thence S.07050'00" W., a distance of 475.00 feet to a M" Iron Rod; thence 5.47010100" E., a distance of 61.04 feet to a %" Iron Rod on the West Line of said Nothdurft's Partition; thence N.07050'00" E., along said West Line, a distance of 550.00 feet to the POINT OF BEGINNING. Containing 0.590 acre, more or less in the City and County of Cape Girardeau. As per Survey by Scott A. Richards, Professional Land Surveyor #2359, dated July of 2010. Subject to existing Easements, if any. Article 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of an M-2, Heavy Manufacturing/ Industrial District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. Article 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 2 CITY OF CAPE GIRARDEAU, NUSSOURI City Staff Review and Referral of Application For Special Use Permit/Rezoning File No.1238 Address of Prop & Optimist llr Staff Review and Comments: It is the request of the City of Cape Girardeau to rezone the property located to the west of Sparteeh Plastics and east of Optimist Drive from the R-1 (Single Family Suburban Residential) District to the M-2 (Heavy Manufacturing) District. Sparteeb Plastics wishes to acquire this property from the City for an expansion to their business. The future land use plan recommends parks and recreation uses for this property. Planning Supervisor Date ................................................. 9... 9......................... 7-3� !� Date ..............4'.y...........................................................i Posting Date for Planning and Zoning Commission Public Hearing: ..............................................................................i Planning and Zoning Commission Recommendations: ..............................................................................I Posting Date for CityCouncil Public Hearing: ................................................................... 0..........� Council Action: Favor: Oppose: Abstain: Revised 327/08 CITY OF CAPE GHU"EAU PLANNING AND ZONING COMMISSION ACTION Request for Rezoning Recommended Action: That the request of the City of Cape Girardeau to rezone the property located to the west of Spartech Plastics and east of Optimist Drive from the R-1 (Single Family Suburban Residential) District to the M-2 (Heavy Manufacturing) District be recommended for approval. The vote count on the motion to approve was: Vote Count: Favor — 8 Oppose — 0 Abstain — 0 Date Recommendation Made: August 11, 2010 Comments: Citizens commenting at meeting: Mitch Robinson — spoke on behalf of the request Chairman — William T. Hinckley City of Cape Girardeau Rezoning/Special Use Permit Application X Rezoning or ❑ Special Use Permit (Please check one) SECTION A Description of project: Rezone a 50' wide piece of property at Arena Park that is adjacent to Spartech Plastics. 2. Street address of tract (or other location description): 2500 Spartech Drive South of Spartech Drive and east of Optimist Drive. 3. Names and addresses of all legal owners of tract: City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63701 4. Present zoning classification: R-1 (Single Family Suburban. Residential) District 5. Requested new zoning classification: M-2 (Heavy Manufacturing) District 6. Requested special use: N/A 7. Person handling this application (name, address, phone number): Ken Eftink, Asst. City Manager/Director of Development Services Division of Planning Services City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63701 573-339-6326 B. If tract is to be transferred, name and address of intended owner: Spartech Plastics 2500 Spartech Drive Cape Girardeau, MO 63701 Revised 3113/09 Page 3 of 8 City of Cape Girardeau Rezoning/Special Use Permit Application For Office Use Only: Date Received in Planning Services Office: Received by: 9. 1 STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date J aag to a9 F SECTION B Legal description of tract: Please attach a copy of the latest deed to the property. (If you do not have a copy of your deed, one can be obtained from the County Recorder of Deeds.) See attached copy of the legal description. 2. Attach to this application a scale plat or map of the tract, on paper no larger than 11 inches by 17 inches, showing the following (Ifyou do not have a surveyor's plat of the property, items a and b can be obtained from the County Mapping and Appraisal Office in the County Administration Building in Jackson): a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section c. Revised 3113/09 Page 4 of 8 City of Cape Girardeau Rezoning/Special Use Permit Application SECTION C 1 List names and addresses of ALL adjoining landowners. Include land which corners on your tract or which is across streets or alleys. {This information can be obtained from the County Mapping and Appraisal Office in the County Administration Building in City of Cape Girardeau, MO 401 Independence Street Cape Girardeau, MO 63701 Spartech Plastics 2500 Spartech Drive Cape Girardeau, MO 63701 Fred R. & Judith R. Wilfer 229 Optimist Drive Cape Girardeau, MO 63701 Jerry R. Schwab Trust ETAL 3101 Vail Drive Cape Girardeau, MO 63701 Agan Alkan 2605 Themis Cape Girardeau, MO 63701 C & H Group LLC 112 S Broadview Cape Girardeau, MO 63701 Austin Apartments LLC 350 County Rd 327 Benton, MO 63736 Blake A. Adams 1700 Hermitage Jackson, MO 63755 Amy L Kinder 2612 Maria Louise Cape Girardeau, MO 63701 State of Missouri 2626 Independence Street Cape Girardeau, MO 63701 Charles D. & Evelyn P. Willis 2009 Evergreen Cape Girardeau, MO 63701 Southeast Missouri District Fair Association PO Box 234 410 Kiwanis Drive, Suite 200 Cape Girardeau, MO 63702 Edward F & Wanda Bierschwal 601 East Rodney Cape Girardeau, MO 63701 Frances T Kight 701 East Rodney Cape Girardeau, MO 63701 Matthew A & Shari L Boxdorfer 703 East Rodney Cape Girardeau, MO 63701 David W. Popp, Jr. 915 Kimbelwoods Jackson, MO 63755 Henry D & Opal L Wilson 24147 Tamms Olive Branch Rd Tamms, IL 62988 Michael L & Merrie S Busby 801 Rodney Vista Cape Girardeau, MO 63701 Revised 7/30/2010 Page 4 of 8 City of Cape Girardeau Rezoning/Special Use Permit Application Robert & Julie Francis 2545 Maria Louise Cape Girardeau, MO 63701 Jerry Stone Trust ETAL 2520 Maria Louise Cape Girardeau, MO 63701 Hutcheson Investments Inc 4211 Oakwood Ave NW Huntsville, AL 35810 Melissa Anne Hazel 505 Optimist Drive Cape Girardeau, MO 63701 L & Z Trust 157 Cedar Hills Lane Cape Girardeau, MO 63701 Canyon Construction & Development LLC 832 South Kingshighway Cape Girardeau, MO 63703 McDonald Cc Inc PO Box 652 Cape Girardeau, MO 63702 IB Property Holdings LLC 4425 Ponce De Leon Blvd Coral Gables, FL 33146 Kevin Phillips 2558 Independence Street Cape Girardeau, MO 63701 North Kingshighway Properties, LLC 1909 Huntington Cape Girardeau, MO 63701 SMS Real Estate Co LLC 229 Hillview Dr Cape Girardeau, MO 63701 New Vision Youth & Family Services, Inc 627 North Broadview Cape Girardeau, MO 63701 Jon Mark Kasten 2301 Kent Cape Girardeau, MO 63701 Billy Joe & Carol Ann Bragg 2231 W Cape Rock Dr Cape Girardeau, MO 63701 Paul & Nancy Doza 2514 Greenway Cape Girardeau, MO 63701 Toole Edwards Properties, LLC 2553 Kenneth Cape Girardeau, MO 63701 Howard & Carol Aslinger 2035 Allen Cape Girardeau, MO 63701 Scott B. Smith 2560 Independence Street Cape Girardeau, MO 63701 2. With this application, the applicant must deliver to the Planning Services Office a stamped, plain business envelope addressed to each of the landowners listed in Section C, Item 1, of this application. Please do not include a return address. The Planning Services office will use its return address. (If a, tract is owned by the City of Cape Girardeau, an envelope for City property is not needed.) Revised 7/27/2010 Page 5 of 8 City of Cape Girardeau Rezoning/Special Use Permit Application SECTION D State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. In 1987, the City entered into a lease and option to purchase agreement with then Atlas Plastics (now Spartech) for a 50 foot strip along Arena Park. Atlas Plastics were to help demolish the City old animal shelter, install a fence and shrubs along the park. As best we can determine, Atlas Plastics did the work, install the fence and buffer and built an addition onto the plant that encroached into this area about 4 feet but never followed through on the acquisition of the property. They have been using and maintaining the property for the past 23 years. Spartech is now proposing to construct an addition to the plant to expand their business and needs to acquire and rezone the property in question in order to add a new product line. They are looking at a $4.5 million investment and creating 9 to 12 new jobs. Mitch Robinson of Magnet has requested we work with Spartech to complete this transfer and obtain the appropriate zoning. Since part of the existing plant is in this 50 strip and a small part of the new addition will be in this strip, it needs to be rezoned from R-1 to M-2 to allow their proposed use. 2. If this is an application for a special use permit, you need to be aware that the Planning and Zoning Commission and the City Council can place limitations on the permit such as the period for which it will be effective, the size and design of improvements to be constructed, and hours of operation, as examples. Please list below any limitations you are willing to consider in this regard. N/A Is a transfer of ownership of the tract dependent upon the approval of this application, or will a transfer occur if this application is approved? Yes 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken by the City Council. If you are unsure as to whether or not an application was previously made, please contact the Division of Planning Services Office for assistance. No Revised 712712010 Page 6 of 8 City of Cape Girardeau Rezoning/Special Use Permit Application SECTION E State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. The current use of the property conforms to the M-2 (Heavy Manufacturing) District and not the R-1 (Single Family Suburban Residential) District as it is presently zoned. 2. Please list below the names and addresses of adjacent property owners or other neighbors you have contacted directly in regard to the requested rezoning or special use permit, and your project if it involves new structures or a change of use in an existing building. (Telephone or e-mail contacts can be listed, but please note them as such.) Name Address The Park Board will be asked to approve this transfer and use at their meeting of Monday, August gth Revised 7/27/2010 Page 7 of 8 Zoning Map of Arena Park Rezoning Request 0 H/w/g// Expo Wav//. r7 Property South of Spartech Drive and East of Optimist Drive Request to Rezone From the: R-1 (Single Family Suburban Residential) District to the: M-2 (Heavy Manufacturing) District Future Land Use Plan Recommends: Parks and Recreation pZ�oning District ' I"il R -1 -SINGLE FAMILY SUBUR BAN RESIDENTIAL DIST R-4 MEDIUM DENSITYMULTI FAMILY RESIDENTIAL DIST. C-1- GENERAL COMMERCIAL DIST. C-2- HIGHWAY COMMERCIAL DIST - f° �—� 'J M -I- LIGHT MANUFACTURING DIST. m' M-2- HEAVY MANUFACTURING DIST 1 0 130 260 520 Feet Legend Arena Park Rezoning OParcels Streets - ' — - --- ----------- Intlepentlence SI pZ�oning District ' I"il R -1 -SINGLE FAMILY SUBUR BAN RESIDENTIAL DIST R-4 MEDIUM DENSITYMULTI FAMILY RESIDENTIAL DIST. C-1- GENERAL COMMERCIAL DIST. C-2- HIGHWAY COMMERCIAL DIST - f° �—� 'J M -I- LIGHT MANUFACTURING DIST. m' M-2- HEAVY MANUFACTURING DIST 1 0 130 260 520 Feet Future Land Use Map of Arena Park Rezoning Request 0 190 260 520 Feet 7127/2010 Aerial Map of Arena Park Rezoning Request 0 170 260 520 Feet 7/27/2010 Agenda: September 7, 2010 Staff: Ken Eftink, Assistant City Manager/ Director of Development Services SUBJECT Ordinance Authorizing the Mayor to Execute a General Warranty Deed to Atlas Plastics Corporation, d/b/a Spartech Plastics Transferring Property along Optimist Drive. EXECUTIVE SUMMARY The City is transferring a 0.59 acre tract of land which is 50 feet wide and 550 feet long, along the east side of Optimist Drive to Atlas Plastics Corporation, or Spartech Plastics. This property has been used by Atlas/Spartech Plastics for over 20 years and is now the location for a planned expansion to their facility. The expansion will cost about $4.5 million and create 9 to 12 new jobs. BACKGROUNDIDISCUSSION In 1957, the City entered into an agreement to sell Atlas/Spartech Plastics a 50 foot strip along Optimist Drive in Arena Park for $100. The agreement for them to purchase the 50 foot strip expired after 12 months. Spartech has been using the property since then and has a small portion of their existing plant located on the 50 foot strip. We cannot locate evidence that the $100 was ever paid nor a deed recorded for the transfer. Spartech has requested the City transfer the strip to them at this time and they will pay the $100 as per the original agreement. FINANCIAL IMPACT There is a positive impact to the City with the $4.5 million invested by Spartech and the 9 to 12 new jobs created. SUSTAINABILITY: ECONOMIC ENVIRONMENTAL AND SOCIAL IMPACTS There is a positive impact to City with increased property taxes and a positive social impact with the new jobs created. The addition to the plant will not have a negative impact to the environment. STAFF RECOMMENDATION Staff recommends that the Council give first reading approval to the attached ordinance which would authorize the Mayor to execute a General Warranty Deed to Atlas Plastics Corporation, d/b/a Spartech Plastics for 0.59 acres of land east of Optimist Drive. PUBLIC OUTREACH Rezoning of the 50 foot strip was recommended by the Planning and Zoning Commission. The Parks and Recreation Department is not opposed to the transfer. ATTACHMENTS • BILL NO. 10-115, Ordinance authorizing the Mayor to execute a General Warranty Deed • Plat showing property to be transferred BILL NO. 10-115 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A GENERAL WARRANTY DEED FOR A TRACT OF LAND LOCATED ALONG OPTIMIST DRIVE IN THE CITY OF CAPE GIRARDEAU TO ATLAS PLASTICS CORPORATION D/B/A SPARTECH PLASTICS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a General Warranty Deed for a tract of land located along Optimist Drive in the City of Cape Girardeau, to Atlas Plastics Corporation d/b/a Spartech Plastics, being real property located in the City of Cape Girardeau, Missouri more particularly described as follows: A PARCEL OF LAND BEING PART OF LOT NUMBER ONE (1) OF ROBERT STURDIVANT'S SUBDIVISION OF OUT LOT 81 IN SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN LOCATED IN THE CITY AND COUNTY OF CAPE GIRARDEAU MISSOURI BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 'h" Iron Rod at the Northwest Corner of Lot Numbered Four (4) of Nothdurft's Partition in said City of Cape Girardeau, as shown by Plat Book #4, at Page #46 of the Land Records of said Cape Girardeau County Missouri; thence 5.61020'26"W., a distance of 62.20 feet to a Point; thence 5.07.50'00"W., a distance of 478.00 feet to a M" Iron Rod; thence 5.47'10'00"E., a distance of 61.04 feet to a %" Iron Rod on the West Line of said Nothdurft's Partition; thence N.07050'00"E., along said West line, a distance of 550.00 feet to the POINT OF BEGINNING. Containing 0.590 acre, more or less in the City and County of Cape Girardeau Missouri. As per survey by Scott A. Richards, Professional Land Surveyor #2359, dated July of 2010. Subject to existing Easements if any. The City of Cape Girardeau hereby reserves a twenty- five (25) foot wide Stormwater and Utility Easement located along the west side of the above-described property. ARTICLE 2. This ordinance will be in full force and effect ten days after its passage and approval. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. 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PAGE 1661 WW AEFEREN BOOK P., PARE #111 (AV -VUR) PRICI SUNM By RS 3158 PRIOR SURVEYS BY PLS t2]6 M*R SIIwE BT FLS 432 FRIOA DJRV:TS BT FIS 1618 PANIR Su M5 BT RS 1627 PERM_ PHOTOGRAPH 11Y930 ATRIAL PHONOGRAPH 115-819 �i LEGENDmPK<E) O e SET 1/9' ROD ANO XAP O TOUNO IREIN ROO VW:�'2 'FOUND smxE FOUND m CORNER POSRMN CNl=uCROsS ON CONCRETEFOUND IRON PIPEFWNOOTO CAIRN TREE IXfaWO. PEXGf IJNE lNGTM1b 1, Iv crHIF .1 1. v NIva 1n 1 5ul,w. I. w ,N fA. NmNv y e..vd6.6 Iv �A. Vb ,..ltlrlh sum, b I— vve —d d w. d mr vdnn, 1. wnfannu�..11h A. NIM— S.a. . br P,."t, DvuM.n wnm In IA.i.f. AT PI. -H. Elm un6.r .1 A.,d .M .-I W C.p 6wId.W M—ud ml, z71r, ea, W NIT, A.D. 2010. M40UN INP sJMEYM NO. 3=99 FlE FM KEG(WD THEM _ DAY OF NII IN THE OFFICE OF THE RECORDER OF OJiDS IN CAPE CVPAPOFAU COUNTY AT JACKSON, MISSDUPI IN 9JNYETORS PUT BOON NO. — AT PALO NO. JANET ROEERT. RECORDER OE OElM 3 _z R � W 3 ga O gUK wa 04 � 8100. ENCROKNES Z 32.33' U N ( � 90L. CNOiYLNE3 (NOW CR PCAFXLY) BOOK #248 - PACE ;9381 TRACr#1 4.381 Ac. 2 TRALF515YAR:RLIB I RIO'lE1G2 Iain SUPICT.E PUT BOOK /L PAOC /61 =A NCE) PUT BOOK #4, vAGE #B6 RVER[NC[ PUT BANK #23. PARE 639(PEfENENCE) PUT BOOK /16. PACE 6%4 (RR[EFAENCE) BOOK f240. PP4[ /381 CRE REHL[) .BONN( /)81. PAGE B]3 REFER ENC[) Wq( /RH. P.LGE `fiIB NpN AfFERE BODIE #ill. PAGE {151 WIN REFERENCE BOOK #382. PAGE 1661 WW AEFEREN BOOK P., PARE #111 (AV -VUR) PRICI SUNM By RS 3158 PRIOR SURVEYS BY PLS t2]6 M*R SIIwE BT FLS 432 FRIOA DJRV:TS BT FIS 1618 PANIR Su M5 BT RS 1627 PERM_ PHOTOGRAPH 11Y930 ATRIAL PHONOGRAPH 115-819 �i LEGENDmPK<E) O e SET 1/9' ROD ANO XAP O TOUNO IREIN ROO VW:�'2 'FOUND smxE FOUND m CORNER POSRMN CNl=uCROsS ON CONCRETEFOUND IRON PIPEFWNOOTO CAIRN TREE IXfaWO. PEXGf IJNE lNGTM1b 1, Iv crHIF .1 1. v NIva 1n 1 5ul,w. I. w ,N fA. NmNv y e..vd6.6 Iv �A. Vb ,..ltlrlh sum, b I— vve —d d w. d mr vdnn, 1. wnfannu�..11h A. NIM— S.a. . br P,."t, DvuM.n wnm In IA.i.f. AT PI. -H. Elm un6.r .1 A.,d .M .-I W C.p 6wId.W M—ud ml, z71r, ea, W NIT, A.D. 2010. M40UN INP sJMEYM NO. 3=99 FlE FM KEG(WD THEM _ DAY OF NII IN THE OFFICE OF THE RECORDER OF OJiDS IN CAPE CVPAPOFAU COUNTY AT JACKSON, MISSDUPI IN 9JNYETORS PUT BOON NO. — AT PALO NO. JANET ROEERT. RECORDER OE OElM Agenda: September 7, 2010 Staff: W. Eric Cunningham, City Attorney SUBJECT An Ordinance Approving a Development Agreement with IOC -Cape Girardeau LCC Relating to the Development of a Riverboat Gaming Facility in the City. EXECUTIVE SUMMARY The purpose of this Ordinance is to approve the Development Agreement with Isle of Capri setting forth a program of development of a riverboat gaming facility on the riverfront near the City's downtown area. BACKGROUNDIDISCUSSION In March 2010, the Missouri Gaming Commission ("MGC") announced that it would receive letters of interest for a class B gaming license (the "Last License"), made available by the closing of a riverboat casino in the St. Louis area. The City of Cape Girardeau submitted a letter of interest to the MGC stating its interest in having a riverboat gaming facility constructed within the City. Also submitting a letter of interest was Isle of Capri, Inc., ("IOC") stating a desire to develop a riverboat gaming facility within the State, without specifying a particular locality. On July 8, 2010, the City Council held a public meeting at which interested parties, including IOC, presented conceptual plans for riverboat gaming facilities. On August 26, 2010 the City Council adopted a Resolution conditionally designating a subsidiary of IOC, IOC -Cape Girardeau LCC (the `.`Developer"), as the "preferred developer" and the site proposed by the Developer as the "preferred site" for location of a gaming facility within the City. Applications for the gaming license were due from prospective gaming facility operators to the MGC on September 1, 2010. The Developer has or will timely file its application with the MGC. After receiving applications for the Last License, the MGC will then announce which application has priority status, which would then eventually lead to construction, licensure and operation of a riverboat gaming facility. The City has had discussions with applicants and has negotiated a Development Agreement with IOC - Cape Girardeau LCC. The negotiated Development Agreement sets forth a program of development for a riverboat gaming facility and related facilities on land north of the Downtown Business District. This development will consist of construction of both private facilities and public improvements. Public improvements include realignment of Main Street, other street improvements, and installation of necessary utilities. The Development Agreement, among other things, requires: • The City to vacate rights-of-way and convey to the Developer City -owned property in the project site; • The Developer to pay the City Two Million Dollars ($2,000,000) upon transfer of the property; • The Developer to pay the City a $150,000 flat amount to compensate for costs incurred through September 30, 2010, and to pay all documented designated costs incurred after September 30, 2010. • The Developer to pay monthly three -tenths of one percent (0.3%) of Developer's gross gaming, revenue from the Project to the City to be held in a special fund (the "Riverfront Fund") for improvements to an expanded downtown business district area, provided the funds are matched by the City ($250,000 will be paid up front for signage and requires no match); • The Developer to pay an additional one percent (1.0%) equivalent to sales tax payments in the event a Community Improvement District is formed in the Special Business District area; • The Developer to provide funds to construct both the private and public improvements, including the realignment of Main Street and installation of required utilities; • The City is NOT obligated to provide any public financing for the project, but will negotiate to consider creating a fund paid for by the Developer to finance the public improvements and additional improvements the City may desire; • The City to name the Developer as the only "preferred developer" and the site proposed by the Developer as the only "pr eferred site" and refrain from naming any other developer or site a "preferred" developer or site, for purposes of the Last License; • The Agreement does not limit the City as to other casino Licenses other than the Last License, and does not preclude the City from entering into agreements with other casino developers (subject to not naming them or the project as "preferred"); • The City to acquire property by eminent domain for purposes of rights-of-way realignment if necessary property cannot be acquired by the Developer or City through good -frith negotiations. The Development Agreement does not authorize or require City condenmation of any parcel solely for economic development purposes, and the Developer has indicated that all parcels may now already be under contract; • The Development Agreement and all Developer obligations are subject to: (1) a vote of approval on a question at the November 2, 2010 election asking the voters of the City to allow the licensing of excursion gambling boats or floating facilities in the City and (2) the MGC's awarding of the Last License to the Developer allowing construction and operation of a riverboat gaming facility in the City. The Developer has considerable authority to terminate the agreement if any conditions to the development are not met. FINANCIAL IMPACT As noted above, under the Development Agreement, the City of Cape Girardeau will receive a flat $150,000 to compensate the City for costs and efforts in the initial stages of the process, including costs incurred in negotiating and drafting the Development Agreement. The City will also receive $2,000,000 as partial consideration for the property that the City will convey to the Developer; $1,000,000 to be used for improvements to Broadway Street and $1,000,000 to be used for other public purposes. The City will also be entitled to monthly contributions from the Developer equal to three -tenths of one percent (0.3%) of the Developer's gross gaming revenue for improvements, economic development and other public purposes benefiting the downtown commercial and riverfront areas of the City However, in order to receive these contributions, City will need to a make matching contributions of funds for these purposes, and with $250,000 of these funds will be advanced for signage purposes without any City matching. Additional funds will be available if a CID district is created. SUSTAINABILITY: ECONOMIC ENVIRONMENTAL AND SOCIAL IMPACTS According to the Conceptual Plan submitted by IOC to the City in July 2010, the development will have an estimated impact of providing over 450 jobs and over $2,500,000 in annual tax revenues from new gaming taxes and increases in property taxes. Other revenue sources may include sales taxes from restaurants and other retail activities. STAFF RECOMMENDATION Staff recommends that the City Council give first reading approval to the attached Ordinance approving the Development Agreement with IOC -Cape Girardeau LLC, relating to the development of a riverboat gaming facility in the City. ATTACHMENTS • BILL NO. 10-116, Ordinance Approving Development Agreement • Development Agreement BILL NO. 10- 116 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU AND IOC - CAPE GIRARDEAU, LLC FOR A RIVERBOAT GAMING FACILITY AND RELATED DEVELOPMENT IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the Missouri Gaming Commission ("MGC") has announced that it will accept applications for the development of a riverboat gaming facility and related facilities and potentially prioritize an application for investigation and evaluation by the MGC, as provided in the Missouri Code of State Regulations, Title 11, Division 45, Chapter 4, Section 60 (11 CSR 45-4.060) ("Prioritization") for licensure utilizing the only available Class B gaming license in Missouri as of July 2010; and WHEREAS, in order to promote the general welfare and encourage capital investment and economic development within the City, on or about April 20, 2010 the City delivered to the MGC a letter of interest supporting the construction of a riverboat gaming facility and related facilities in the City; and WHEREAS, on or about April 29, 2010 Isle of Capri Casinos, Inc. ("IOC") delivered to the MGC a Letter of Interest expressing interest in the development of a gaining facility; and WHEREAS, IOC is a Delaware corporation that is an experienced builder and operator of riverboat and land-based gaming facilities, including three such facilities in Missouri; and WHEREAS, on July 8, 2010, the Council of the City held a public meeting during which interested parties, including IOC, presented conceptual plans for a gaming facility project to be located within the City on land north of the Downtown Business District; and WHEREAS, IOC formed a wholly-owned subsidiary, IOC -Cape Girardeau LLC, a Missouri limited liability company (the "Developer"), to undertake and develop the Project; and WHEREAS, at its August 26, 2010 meeting, the City Council adopted a Resolution conditionally designating the Developer as the "preferred developer" and the site proposed by the Developer as the "preferred site" for location of a gaming facility within the City; and WHEREAS, Developer proposes to submit an application to the MGC for the development of a riverboat gaming facility and related facilities (the "Project') as further described in the Development Agreement, attached hereto as Exhibit 1 and incorporated by reference (the "Development Agreement'), and in accordance with the terms of the Development Agreement; and WHEREAS, the City has determined that the Project is an economic development opportunity for the City, would create jobs and tax revenue, and the Project would serve the public purposes and interests of the City and its residents and the City desires to enter into the Development Agreement to assist in the development of the Project in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute the Development Agreement in substantially the form attached hereto as Exhibit I and incorporated herein. ARTICLE 2. The portions of this Ordinance shall be severable. In the event that any portion of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining portions of this Ordinance are valid, unless the court finds the valid portions of this Ordinance are so essential and inseparably connected with and dependent upon the void portion that it cannot be presumed that the City Council would have enacted the valid portions without the invalid one, or unless the court finds that the valid portions standing alone are incomplete and are incapable of being executed in accordance with the legislative intent. ARTICLE 3. This Ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND ADOPTED THIS DAY OF 2010. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 2 EXHIBIT 1 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU AND IOC -CAPE GIRARDEAU LCC DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement"), dated as of the latest date by the signatures below, which date is , 2010 (the "Effective Date"), is made by and between City of Cape Girardeau, Missouri, a constitutional charter city and political subdivision of the State of Missouri under the name City of Cape Girardeau (the "City") and IOC -Cape Girardeau LLC, a Missouri limited liability company (the "Developer"). Recitals WHEREAS, the Missouri Gaming Commission (`MGC") has announced that it will accept applications for the development of a riverboat gaining facility and related facilities and potentially prioritize an application for investigation and evaluation by the MGC, as provided in the Missouri Code of State Regulations, Title 11, Division 45, Chapter 4, Section 60 (11 CSR 45-4.060) (`Prioritization') for licensure utilizing the only available Class B gaming license in Missouri as of July 2010 (the "Last License"). WHEREAS, in order to promote the general welfare and encourage capital investment and economic development within the City, on or about April 20, 2010 the City delivered to the MGC a letter of interest supporting the construction of a riverboat gaming facility and related facilities in the City. WI-IEREAS, on or about April 29, 2010 Isle of Capri Casinos, Inc. (`IOC") delivered to the MGC a Letter of Interest expressing interest in the development of a gaming facility. WHEREAS, IOC is a Delaware corporation that is an experienced builder and operator of riverboat and land-based gaming facilities, including three such facilities in Missouri. WHEREAS, on July 8, 2010 the Council of the City held a public meeting during which interested parties, including IOC, presented conceptual plans for a gaining facility project to be located within the City. WHEREAS, IOC formed a wholly-owned subsidiary, IOC -Cape Girardeau LLC, a Missouri limited liability company (the "Developer") to undertake and develop the Project. WHEREAS, Developer proposes to submit an application to the MGC for the development of a riverboat gaming facility and related facilities (the `Project") as further described on the attached Exhibit A (the "Project Description') and depicted on the attached Exhibit B (the "Conceptual Plan') on land within the City situated near the Mississippi River at approximately River Mile 52.6 as described on the attached Exhibit C (the "Project Site"). WHEREAS, the City has determined that the Project is an economic development opportunity for the City, would create jobs and tax revenue, and the Project would serve the public purposes and interests of the City and its residents. Agreement Now, therefore, incorporating the Recitals above, and in consideration of the mutual promises and benefits contained herein, the City and Developer agree as follows: 1. Designations. Da ring the Term of this Agreement and subject to the conditions herein, as to the Last License: 1.1. Developer. The City designates the Developer as the only preferred developer for the development of a gaming facility in the City and grants to Developer the exclusive right to develop a gaming facility within the Project Site during the term of this Agreement. 1.2. Site. The City designates the Project Site as the only preferred site for the development of a gaming facility in the City and grants to Developer the right to develop a gaming facility within the Project Site during the term of this Agreement. 1.3. No Other Preferred Developer or Site. During the time that Developer is the preferred developer and the Project Site is the preferred site for a gaming facility in the City, and prior to the MGC granting Developer all necessary licenses for operation of the Project, City will not enter into any agreement with any person or entity other than Developer or regarding any other location other than the Project Site that would designate or could be construed to designate the other person or entity as a preferred developer or the other location as a preferred site for the development of a gaming facility. 2. Term. The term of this Agreement shall commence on the Effective Date and continue until the earlier to occur of: (a) the first (1st) anniversary of the opening of a gaming facility that has received the Last License in another jurisdiction outside the City; provided that nothing in this Agreement shall be applied to limit or preclude the City in any way from designating a prefered developer or taking any other actions as they may relate to such additional or available license other than the Last License; or (b) termination by either party pursuant to a right: of termination in this Agreement. 3. Developer Commitments. Subject to satisfaction of the Conditions Precedent as described in Section 4, Developer agrees to take the following actions ("Developer Commitments") at Developer's cost and expense. 3.1. MGC Application. Developer shall, on or before September 1, 2010 (or by such later date as the MGC may stipulate for submission of applications for the Last License) submit a substantially complete application to the MGC for the Last License (as updated in accordance with Missouri gaming regulations from time to time, the "Application"). This action is not subject to satisfaction of the Conditions Precedent. 3.2. Rezoning Application. No later than six (6) months after Prioritization, Developer shall file a completed application with the City requesting rezoning of the Project Site to a Planned Development District "PD District" (or such other zoning district as Developer and City agree will accommodate the Project) for the uses set forth in the Project Description ("Rezoning"). Developer shall comply with the City zoning procedures and other Applicable Requirements (defined in Paragraph 3.3), 3.3. Site Plan Submission. No later than the later to occur of (a) sixty (60) days after Prioritization, or (b) sixty (60) days after Rezoning, Developer shall submit to the City a Preliminary Site Plan for the Project. The Preliminary Site Plan shall be substantially consistent with the Project Description, the Conceptual Plan and the Application, and shall be in accordance with all applicable federal, state and City laws, and all applicable City codes, procedures, requirements, and specifications, including but not limited to applicable City street and improvement specifications ("Applicable Requirements"). No later than the later to occur of (a) sixty (60) days after Prioritization, or (b) sixty (60) days after City approval of the Preliminary Site Plan, Developer shall submit to the City a Final Site Plan in accordance with all Applicable Requirements and in conformance with the approved Preliminary Site Plan and such amendments as approved by the City. The subdivision, resubdivision, or consolidation of lots and establishment of public rights-of-way, required for the Project shall be in accordance with the specifications and requirements of the City Subdivision Code, Chapter 25, and all other Applicable Requirements. 3.4. Construction Commencement. No later than the later to occur of (a) sixty (60) days after Prioritization, or (b) six (6) months after Rezoning, or (c) six (6) months after Final Site Plan approval, Developer shall submit completed applications for construction approvals and permits for the first phase of construction. Developer can elect to submit applications in a phased manner as is normal and customary for phased projects, with the first phase being at a minimum site, footings and foundation. No later than six (6) months after receiving approvals and permits for footings and foundation, Developer will submit completed applications for the core and shell of the casino building and for parking. Submissions shall be as provided for and in compliance with all Applicable Requirements. Developer shall commence construction of the Project ("Construction Commencement") no later than the later to occur of (a) sixty (60) days after Prioritization, or (b) ninety (90) days after receipt of all required construction approvals and construction permits, including floating casino floor approval from the American Bureau of Shipping. 3.5. Demolition Prior to Construction Commencement. Developer shall be responsible for demolishing and removing all above -ground structures within the Project Site not necessary for the Project, subject to compliance with all Applicable Requirements related to such demolition and removal. Developer may remove or leave in place below -ground structures, subject to compliance with all Applicable Requirements relating thereto. In Developer's sole discretion, demolition and removal may occur prior to Construction Commencement and shall not constitute Constriction Commencement. 3.6. Parcel Acquisition. 3.6.1. Project Site. The parcels and area that constitute the Project Site are shown on Exhibit C. Developer represents that Developer currently owns or 3 has under contract. with the right to purchase a majority of the parcels that constitute the Project Site. Developer shall make reasonable and good faith efforts to acquire fee ownership of all the parcels set forth on Exhibit C within six (6) months after Prioritization. 3.6.2. Areas for Public Infrastructure Improvements. The parcels or portions of parcels that constitute areas for public infrastructure improvements are shown on Exhibit D. Developer shall make reasonable and good faith efforts to acquire fee simple ownership of the parcels or portions of parcels set forth on Exhibit D within six (6) months after Prioritization. To the extent that plans approved by the City necessitate acquisition of additional or different parcels or property interests, Developer and the City agree that Exhibit D shall be amcnded to include such necessary parcels and property interests. 3.7. Financine. Developer shall pursue financing for the Project reasonably acceptable to Developer. No public financing or abatement of taxes of any kind is authorized by this Agreement. 3.8. Public Infrastructure Improvements. 3.8.1. Street Improvements. Street improvements that constitute public infrastructure improvements (the "Street Improvements") include: (a) realignment and improvements to Main Street and Chestnut Street in accordance with the Conceptual Plan and as approved on a Final Site Plan in accordance with all Applicable Requirements (such realignment and improvements are collectively referred to as the "Main and Chestnut Improvements"); and (b) roadway improvements, relocation of overhead utilities, and streetscape improvements, landscaping and decorative lighting consistent with the current Downtown Business District, all along Main Street from Broadway to Mill, as reasonably agreed upon by the City and Developer. Developer shall have the right but not the obligation to request each of the improvements in (b). Unless otherwise provided pursuant to the Infrastructure Fund described in Paragraph 3.8.3, Developer shall construct and pay all costs relating to the Street Improvements, including but not limited to all acquisition of rights-of-way, construction, legal, engineering, surveying, and other costs. Constriction of the Main and Chestnut Improvements shall be. subject to such City conditions and requirements as are necessary to maintain safe and efficient traffic flow and emergency access at all times and shall be completed and qualified for acceptance by the City prior to the commencement of gaming activities on the Project Site or occupancy of any building within the Project Site. 3.8.2. Construction of Utilities. Unless otherwise provided pursuant to the Infrastructure Fund described in Paragraph 3.8.3, Developer. shall construct and pay all costs relating to location, relocation and construction of Off -Site Utility Iinprovements. "Off -Site Utility Improvements" shall include stormwater and sanitary sewer mains, sewage lift stations and water lines required for service to the Project to the boundary of the Project Site in conformance with all Applicable 4 Requirements and final improvements plans approved by the City. In addition, Developer at its cost shall be responsible for the location, relocation and construction for all other utilities to the Project Site and for all utilities on the Project Site, unless otherwise specifically provided pursuant to the Infrastructure Fund described in Paragraph 3.8.3. 3.8.3. Infrastructure Fund. The City and Developer shall negotiate in good faith to consider establishment of a fund (the "Infrastructure Fund") to provide an alternative mechanism to pay the costs of the Street Improvements and the Off -Site Utility Improvements and such other public improvement costs and other lawfully included costs as may be agreed including acquisition of property for public improvements (with Rind establishment and financing costs, the "Infrastructure Costs"). Unless otherwise agreed, a funding agreement between the City and Developer may provide that: (a) the City and not Developer shall construct and pay all costs relating to the Street Improvements and the Off -Site Utility Improvements in accordance with all Applicable Requirements; (b) Developer shall reimburse the City for the Infrastructure Costs by paying to the City one-half of one percent (0.5%) of Developer's gross gaming revenue from the Project annually until the City is reimbursed in full for the Infrastructure Costs plus interest and other costs as agreed; (c) when or before establishment of the Infrastructure Fund, Developer's parent company, Isle of Capri Casinos, Inc., shall deliver to City an acceptable binding and enforceable writing or other mechanism that guarantees Developer's payment of the Infrastructure Costs. 3.9. Traffic Study. Developer has commissioned at Developer's cost and expense a traffic study ("Developer's Traffic Study") to comply with the requirements of the MGC and the City and to identify traffic impacts of the Project considering impacts rip to ten (10) years from the anticipated date of Construction Commencement based upon the Project Description and the Conceptual Plan and any updated submissions or approvals. Developer shall promptly make Developer's Traffic Study available to the City. The City will accept the results of Developer's Traffic Study unless the City reasonably determines that Developer's Traffic Study contains material errors or omissions. If the City reasonably determines that Developer's 'Traffic Study contains material errors or omissions or does not comply with Applicable Requirements, the City may but is not obligated to (a) require Developer to update Developer's Traffic Study, or (b) commission its own traffic study, to address the material errors or omissions or compliance with Additional Requirements (the "City's Traffic Study") and Developer shall pay the cost of the City's Traffic Study. If the Developer's 'Traffic Study or the City's Traffic Study recommends improvements or alterations necessary to address legitimate public safety concerns or to prevent material diminishment in the service level in existence prior to Construction Conimencement, Developer shall be obligated to pay for or construct such improvements or alterations as directed by the City in conformance with all Applicable Requirements. Such improvements or alterations may be included in the Infrastructure Fund, if established. 3.10. Taxes. Developer shall pay all taxes assessed against the Project pursuant to applicable law, including but not limited to gaming taxes, sales taxes, business license 5 taxes, and personal property and real estate taxes. Developer reserves the right to appeal, contest, object to or litigate any new tax or increase in tax rate that is enacted after the Effective Date, or any property tax assessment imposed after the Effective Date, pursuant to applicable law, 3.11. Administrative Reimbursement Fee. Within three (3) business days after the Effective Date, Developer shall pay to the City a non-refundable fee of One Hundred Fifty Thousand Dollars ($150,000) to reimburse and compensate the City for the City's time, expense and resources committed to the review, negotiation and analysis of this Agreement, Developer's proposal, the designation of Developer as the preferred developer as effected herein, and submissions by the City to the MGC, through September 30, 2010. Nothing in this Agreement shall be deemed to waive any tax, license, permit fee, user charge, or generally applicable obligation otherwise lawfully imposed by the City. Payment of this fee is not subject to satisfaction of the Conditions Precedent. 3.12. Other Payments from Developer. 3.12.1. Partial Consideration Payment. In partial consideration of the actions and Commitments of City, including the transfer of approximately eleven (11) acres of City property and public rights-of-way as described in Paragraph 5.4 and Exhibit E, Developer shall pay to City no later than City's transfer of title to the City property described in Paragraph 5.4 and Exhibit E Two Million Dollars ($2,000,000) to be used by the City as follows: (1) up to One Million Dollars ($1,000,000) shall be used by the City for costs relating to improvements to Broadway Street; and (2) the remainder shall be used by the City for other public improvements or other expenditures having a public purpose. 3.12.2. Riverfront Region Economic Development Fund. Developer shall pay monthly three -tenths of one percent (0.301n) of Developer's gross gaming revenue from the Project to the City to be held in a special ford (the "Riverfront Region Economic Development Fund"} (the `Riverfront Fund") for improvements, economic development and other public purposes benefiting the downtown commercial and riverfrom areas of the City, including but not limited to the area between the Downtown Business District and the Project Site. The City may draw on and expend the fiords from the Riverfront Fund directly or may contract with Old Town Cape, Inc., a Missouri non-profit corporation or other non-prorit organizations agreeing to expend the funds for such specified public purposes. At least 70% of the expenditures from the Riverfront Fund shall go towards capital improvements (including planning, design, implementation, and constniction). Developer's monthly payment to the Riverfront Fund required wider this paragraph shall be required only for such months that the City funds, or makes a binding commitment to fund, an equal payment to be deposited in the Riverfront Fund. Notwithstanding any requirement herein to the contrary, in lieu of Developer's first Two Hundred Fifty Thousand Dollars ($250,000) in payments to the Riverfront Fund, Developer shall pay to the City on or before Construction Commencement the amount of Two Hundred Fifty Thousand 6 Dollars ($250,000) which shall be used by the City for wayftnding signage costs as provided for in Paragraph 5.3.4, with any remainder, if any, being deposited in the Riverfront Fund. That prefunded amount of $250,000 represents 0.3% of Developer's gross gaming revenue from the Project of $83,333,333. After Developer's gross gaming revenue from the Project exceeds $83,333,333, Developer will begin to make the monthly payments to the Riverfront Fund. City may, but shall not be obligated to, match into the Riverfront Fund for the first $250,000 payment. If the Project Site becomes part of a Community Improvement District then Developer can elect to terminate Developer's payment obligation pursuant to this paragraph upon written notice to the City for the period of time that the Project Site is part of the Community Improvement District, 3.12.3. Community Improvement District. if a Community Improvement District ("CID") that includes all or a majority of the area of Special Business District No. 2 of the City of Cape Girardeau is established pursuant to Sections 67.1401 to 67.1571 RSMo, as amended, and the CID does not include the Project Site, then dining the term of the CID, Developer shall make monthly to the City supplemental cash payments in an amount equal to: (1) the revenues in each such month of the Project that would be subject to the CID sales tax if the Project was included within the CTD, multiplied by (2) a percentage equal to the sales tax rate levied by the CID up to a maximum rate of one percent (1.0%). Each such supplemental payment shall be made contemporaneous with payments of monthly sales tax receipts due to the State of Missouri Department of Revenue. City shall deposit the montl-fly supplemental payment into the Rivcrfrout Fund for uses authorized for the Riverfront Fund but such deposit shall not constitute the City's funding to the Riverfront Pund described in Paragraph 3.12.2. The parties hereby agree that Developer's obligation to make the monthly supplemental payments shall constitute a lien on the Project in favor of the City. 3.13. Dedication of Property. Developer shall dedicate and transfer to the City all property required for the Main and Chestnut Improvements and all public streets and easements approved on the Final Site Plan, including the properties and property interests shown on Exhibit D, by subdivision plat and by special warranty deed with title insurance if any requested by City paid by Developer or by general warranty deed, at such time as required by the City after Developer completion of all required improvements thereon in conformance with Applicable Requirements, which tune shall be prior to the commencement of garning activities on the Project Site; provided that the City may authorize a delay in completion of one or more transfers and completion of improvements therein if such delay does not threaten public safety or place the public interest at risk. The form of such transfer and deed shall be as reasonably approved by the City. 3.14. Cooperation. Developer shall cooperate with City in all respects to ensure that the City can timely meet its Commitments and fully obtain all benefits intended by this Agreement. 3.15. Subject to Change. Developer Commitments, including the commitment to pursue the development of the Project, are subject to change due to the Conditions Precedent described below and to "force majeure" events beyond Developer's reasonable control precluding satisfaction of the Commitments including: (a) labor disputes, fire, unusual delays in transportation or supplies, adverse weather conditions not reasonably anticipated, site conditions not reasonably anticipated, and unavoidable casualties or other acts of God; and (b) change or imposition of law making satisfaction of the Commitments impossible or unlawful. 3.16. Development Generally. Developer shall diligently pursue in good faith the development of the Project in general accordance with this Agreement, the information presented as part of the Application and the Project Description. Developer shall further diligently pursue in good faith the satisfaction of the Conditions Precedent. Nothing in this subparagraph shall preclude Developer from exercising its rights of termination as provided in this Agreement. 4. Conditions Precedent. Development of the Project requires satisfaction of the conditions set forth below ("Conditions Precedent," each a "Condition Precedent"). The Conditions Precedent are precedent to commencement of construction of the Project ("Construction Commencement") or precedent to continuation of construction of the Project after commencement of construction ("Continuation"). Developer may, in its sole and absolute discretion, waive satisfaction of any Condition Precedent but such waiver must be in writing signed by Developer. If a Condition Precedent is not satisfied in a timeframe reasonable to Developer, Developer may, in its sole and absolute discretion, notify the City that the Conditions Precedent have not been satisfied and this Agreement shall terminate and become null and void and Developer and the City shall have no farther obligations to each other under this Agreement. Nothwitlrstanding anything in this Agreement to the contrary, upon issuance of the Class B License from the MGC, all Conditions Precedent shall be deemed to have been satisfied or waived by Developer. 4.1. Gaming Commission Approval. As a Condition Precedent to Construction Connnencement, the MGC selects Developer and the Project for Prioritization. As a Condition Precedent to Continuation, the MGC grants Developer all necessary licenses including but not limited to Key Person and Level I. 4.2. Other Governmental Approvals. As a Condition Precedent to Construction Commencement or to Continuation, as the case may be, Developer obtains or is able: to obtain all other governmental approvals and permits and all other official and necessary approvals and permits. 4.3. Voter Approval. As a Condition Precedent to Construction Commencement, a majority of the voters of the City voting in the November 2, 2010 election must approve the question that will appear on the ballot asking the voters to allow the licensing of excursion gambling boats or floating facilities in the City. In the event a majority of the voters of the City voting in the election fail to approve the question, Developer may terminate this Agreement and abandon the Project. In addition, as a Condition Precedent to Continuation, if any future ballot measure, not in effect as of the Effective Date, is certified for election and such ballot measure jeopardizes Developer's ability to construct and operate the Project, as determined by Developer it 8 Developer's sole and absolute discretion, Developer may terminate this Agreement and abandon the Project. 4.4. Acquisition of Property within the Project Site. As a Condition Precedent to Construction Commencement, Developer or a related entity obtains fee simple ownership of all real property (including but not limited to all options held by third parties, fee interests, leasehold interests, tenant-in-common interests, easement rights and such other like or similar interests, both public and private) and existing improvements on the Project Site, excluding new public rights-of-way necessary for the implementation of the Project, subject only to easements, conditions and restrictions acceptable to Developer. 45. Inspections. As a Condition Precedent to Construction Commencement, Developer in its sole and absolute discretion is satisfied with the results of Developer's examination and inspection of the Project Site, including public land and rights-of-way within the Project Site (collectively, the "Inspections"). The Inspections may include, without limitation, title, survey, environmental assessments, soil studies, historical, archeological, cultural, architectural, mechanical and engineering studies, and any inspections required by any governmental agency. Developer and Developer's representatives, agents and contractors, at Developer's sole cost and expense, may examine and inspect the Project Site, including public land and rights-of-way within the Project Site, and may disturb the Project Site, including drilling for samples, in conjunction with the Inspections. If this Agreement is terminated, Developer shalt rettu-n all areas of the Project Site disturbed by Inspections to substantially the same condition existing prior to such disturbance. 4.6. Levee. As a Condition Precedent to Construction Commencement, the North Main Street Levee and the Main Street Levee (the "Levee System") must: (a) be certified by a qualified independent third party inspector; (b) meet all the design mud maintenance requirements of the U.S. Army Corps of Engineers for a 500 year levee; (c) enable Developer to obtain flood insurance at rates acceptable to Developer; and (d) be otherwise acceptable to Developer's lenders and insurers for issuance of financing. 4.7. Absence of Material Adverse Change. As a Condition Precedent to Construction Commencement and to Continuation, no Material Adverse Change has occurred. For purposes of this Agreement, `Material Adverse Change" means any event, change, development, or occurrence that, individually or together with any other event, change, development, or occurrence, is materially adverse to Developer's business, condition (financial or otherwise), assets or operations, or to the Project, and shall include, but not be limited to: (a) any event or economic condition that causes the Project to no longer be economically viable or financeable; (b) economic or credit conditions that result in substantial financial costs to Developer that are not anticipated by Developer as of the Effective Date; or (c) costs associated with Developer's acquisition of private land, public land or rights—of-way, or costs to be reimbursed by Developer to the City pursuant to this Agreement, or hidden defects and/or substantial requirements for on-site or off-site improvements, that in Developer's sole and absolute discretion make the Project no longer economically feasible. 9 4.3. No Legislative Changes. As a Condition Precedent to Construction Commencement and to Continuation, there is no significant new legislative or regulatory change which would make materially more burdensome or costly the obligations of Developer related to the Project or which make the Project no longer economically feasible. 4.9. No Litigation. As a Condition Precedent to Construction Commencement and to Continuation, no legal action, including but not limited to court litigation or administrative process, is initiated or pending, including without limitation action against Developer, the City, the MGC or the State of Missouri, or any political subdivision of the State of Missouri, challenging the validity or seeking to enjoin the performance of, or otherwise arising out of the subject matter of, this Agreement or any provision of this Agreement. 4.10. Utilities. As a Condition Precedent to Construction Commencement: 4.10.1. Construction and relocation of all utilities necessary for service to the Project shall be economically feasible as determined by Developer, including without limitation, removal or removal and relocation of all City owned utilities in the Project Site at Developer cost and vacation or vacation and relocation of all City utility easements that affect the Project Site at Developer cost. 4.10.2. All utilities to the Project Site, including electricity, gas, water, sanitary sewer, storm sewer, cable and telecommunications, shall be available, in sufficient capacity to supply the Project as reasonably determined by Developer, and at Developer cost, which cost shall be economically feasible as determined by Developer. 4.11. Zoning. As a Condition Precedent to Construction Commencement: 4.11.1. Zoning shall have been amended to re -zone the Project Site as provided in the rezoning application submitted by Developer in accordance with Paragraph 3.2, 4.11.2. City has upon re -zoning acknowledged that the Project Site is properly zoned to allow the construction and operation of the Project and for gaining activities. 4.12. City Commitments. As a Condition Precedent to Construction Commencement or to Continuation, as the case may be, the City has fulfilled the City Commitments or has obtained definitive agreements to accomplish the City Commitments. 5. City Commitments, The City agrees to take the following actions and complete each of the following actions by June 30, 2011 or demonstrate substantial progress towards completing such actions by Tune 30, 2011, unless a different date is identified or implied in this Agreement for the action. Any reasonable costs incurred by the City from and after October 1, 2010 in fulfilling the City Commitments, except for costs of City staff time and except as may 10 otherwise provided in this Section 5, shall be the responsibility of Developer which shall be paid by Developer to City within thirty (30) days of receipt of invoice accompanied by reasonably documented evidence of such costs. 5.1. Zoning. City shall take all necessary action to promptly process to a final decision the rezoning application submitted by Developer pursuant to Section 3.2, subject to all Applicable Requirements, and including necessary action for initiating zoning and final action zoning any public rights-of-way within the Project Site as described in Section 5.3.1 and requested in the rezoning application. Final legislative action on a completed zoning application submitted pursuant to Paragraph 3.2 shall be taken not later than six (6) months after submission of a completed application, unless otherwise mutually agreed by Developer and City. 5.2. Si na e. Signage shall be as approved on the Final Site Plan. If variances are sought for signage, such variances shall be requested in the zoning application, or as may otherwise be pursued as permitted by Applicable Requirements. Developer's signage on the Project Site shall comply with all Applicable Requirements. The City agrees that the zoning approval shall not control the content of the words or images of such signage, except as may be governed by the Applicable Requirements. 5.3. Streets and Traffic 5.3.1. Vacation. City shall vacate all public streets, alleys, roadways, driveways and sidewalks in the Project Site as and when reasonably requested by Developer after the Conditions Precedent have been satisfied and as approved on the Final Site Plan. 5.3.2, Parking Prohibition. City, upon issuance of a Class B License from the MGC for the Project Site, shall enact an ordinance to eliminate on -street public parking on Main Street and Chestnut Street between Broadway and the northern boundary of the Project Site where Chestnut Street crosses the levee. The City shall also prohibit such parking during construction of the Project. 5.3.3. Dedication. City shall accept public dedication of all property as provided for in Paragraph 3.14. 5.3.4. Wa fy coding Si t�nage. City shall cooperate with Developer to develop comprehensive signage plans, based on the Cape Girardeau Wayfinding Design Documents and Master Plan dated June 21, 2010 to establish wayfinding signage providing adequate directions to the Project. The City shall request that the State of Missouui Department of Transportation install an adequate number of directional signs related to the Project on the highways and state-controlled roads leading to the City and the City shall use its reasonable efforts to obtain approval of such requests. City shall pay the costs of all wayfinding signage from the Two Hundred Fifty Thousand Dollars ($250,000) paid by Developer to City pursuant to Paragraph 3.12.2 and not to exceed that amount, and City shall use its 11 reasonable efforts to seek grant monies that are available for such signage packages. 5.4. Property. City shall convey all of its property right, title and interest in the properties shown on Exhibit E to Developer at such time as Developer makes the payment to the City set forth in Section 3.12.1 on such closing date as is mutually agreeable by City and Developer, but in no event later than sixty (60) days after Prioritization of Developer occurs. After transfer, and until the Main and Chestnut Improvements are completed and dedicated to the City, Developer shall provide binding accommodation for alternative emergency access and other necessary traffic routing as my be reasonably required by the City due to the transfer from public ownership of the properties shown on Exhibit E. 5.5. Rights -of -Way Acquisition; Condemnation. Developer shall make reasonable and good faith efforts to acquire for the City any property or any interest in property necessary for public infrastructure improvements including as set forth on Exhibit D and as described in the Conceptual Plan and finalized on final improvement plans approved by the City, including without limitation, any tenant's or lessee's interest in any lease affecting all or a portion of such property. The City shall control the form of deed of any acquisition. If Developer is unable to acquire any such property through good faith and reasonable efforts, Developer shall notify the City, in writing, that the City should undertake negotiations to acquire the property as prescribed by Chapter 523 RSMo and other Applicable Requirements, and if unable to acquire the property by such means, then to initiate eminent domain proceedings to acquire such property or interest in the property. Subject to satisfaction of all Applicable Requirements, the City shall initiate such proceedings within fifteen (15) business days after such notification and subject to compliance with all Applicable Requirements for such condemnation. Developer shall reimburse the City for all costs and expenses of the acquisition of the property and for all legal expenses involved in the acquisition, including but not limited to the negotiated price, settlement or the condemnation award relating to any and all such parcels, and any judgment thereafter, interest, taxes to be paid at the time of acquisition, court costs, filing fees, title work fees, appraisal fees, environmental inspection fees, investigation or engineering of alternative locations, relocation assistance costs, abandonment costs, legal fees, publication costs, and all administrative and other expenses incurred in connection with the acquisition of the parcels. Prior to commencement of coudernnation proceedings, flue City may require Developer to deposit funds with the City, in amounts reasonably estimated by the City to address anticipated total or incremental costs, and to be held by the City and drawn upon by the City for reimbursement under this Paragraph. Any such deposited funds not expended pursuant to this Paragraph shall be returned to Developer. Under no circumstances shall this section be construed to authorize or require City condemnation of any parcel solely for economic development purposes as defined in Section 523.271.2 RSMo. 5.6. Business License. City represents, warrants and covenants that the City's business license tax does not apply to gross receipts of gaming revenues from the Project. 5.7. Support and Cooperat on. The City shall: 12 5.7.1. Communicate the City's support for the Developer and the Project as the preferred developer and the preferred gaming facility to the MGC and other governmental entities and agencies and to groups and individuals and in public or private forums, all as reasonably requested by Developer. 5.7.2. In a timely fashion act on all completed applications for permits and approvals from the City that are required for the Project to facilitate completion of the Project in the timeframes set forth in Developer's Application to the MGC, and as the Application may be amended from time to time, including without limitation timely review of the Preliminary and Final Site Plans, and the City shall take final action consistent with Applicable Requirements. 5.7.3. Cooperate in good faith with Developer. 5.7.4. Promptly respond to any requests or notices received by the City from Developer. 5.7.5. Consider in good faith any request for any variation from or amendment to the terms of this Agreement or documents produced in connection with this Agreement that may be reasonably necessary to complete the Project. 6. Chanyes. Nothing herein shall preclude Developer from making changes to the Project, subject to all Applicable Requirements, as may be necessary or desirable to the Developer, to enhance the economc viability of the Project or otherwise, so long as such changes do not materially change the Project as a gaming facility and related uses nor materially deviate from the information contained in the Application to the MGC anis the Project Description. 7. Assignimnent. Developer may transfer, assign or change ownership of this Agreement or Developer's interest in and to some or all of the Project Site (each, a "Transfer") without the prior written consent of the City to: (a) a majority -controlled subsidiary or parent entity; (b) any entity it controls, is controlled by, or is under common control with; (c) any entity in which it has a majority interest or of which it is manager; or (d) any entity upon a reasonable demonstration by Developer of the proposed transferee's or assignee's experience and financial and legal capability to undertake and complete the Project and perform Developer's obligations under this Agreement (each, a "Permitted Transferee"); provided that any the recipient of any Transfer first delivers to the City a binding and enforceable writing that assumes and agrees to perform all of the obligations of Developer as developer under and pursuant to this Agreement as of the date the Transfer. All other Transfers .shall require prior written consent of the City, not to be unreasonably withheld. Developer shall promptly provide the City prior notice of such Transfer. Developer shall be relieved of any obligations under this Agreement arising after a Transfer to a Permitted Transferee, provided that Developer is not in default of any obligation herein. Permitted Transferee, however, shall be fully subject to the terms of this Agreement as the Developer. Developer may collaterally assign its interest in this Agreement or the Project Site as security to a reputable lender without the prior written consent of the City. The City may not transfer, assign or change ownership of this Agreement. During any time Developer holds a Class B license for the Project, no consent of the City is required for a Transfer, provided: (a) 13 Developer may not transfer, assign or change ownership of this Agreement without the prior consent of the MGC; (b) Developer may not transfer, assign or change ownership of Developer's interest in and to some or all of the Project Site without the prior consent of the MGC; and (c) Developer shall provide the City notice of any proposed transfer, assignment or change of ownership prior to Developer provides notice of such to the MGC; and (d) the recipient of any Transfer first delivers to the City a binding and enforceable writing that assumes and agrees to perform all of the obligations of Developer as developer under and pursuant to this Agreement as of the date the Transfer. 8. Insurance. Developer will cause there to be insurance as hereinafter set forth at all times during the process of constructing the Project and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: 8.1. Commercial general liability insurance (including premises operations, independent contractors, operations of subcontractors, completed operations and contractual liability insurance) together with an owner's and contractor's policy, with limits against bodily injury and property damage of not less than Three Million Dollars ($3,000,000) for each occurrence (to accomplish the above required limits, an umbrella excess liability policy may be used). This policy shall be written on ISO occurrence form CG 00 01 96 (or substitute form providing equivalent coverage) and shall name the City as an additional insured for coverage of not less than the sovereign immunity limits as set forth in §537.610 R.S.Mo. with proof of such being delivered to the City and providing for notice to the City at least thirty (30) days prior to any cancellation; and 8.2. Workers' Compensation insurance, with statutorily required coverage, and all other insurance as may be required by law. 9. Damage Destruction, Condemnation or Eminent Domain. 9.1. If all or any material part of the Project or the Project Site is damaged, destroyed or taken by condemnation or power of eminent domain, excluding such condemnation as contemplated by Paragraph 5.5, Developer shall notify the City and, at Developer's choice, either (a) cease the use of the property as a gaming facility and this Agreement shall terminate and be null and void and Developer and the City shall have no further obligations to each other under this Agreement, or (b) Developer shall continue with the Project, 9.2. If less than a material part of the Project or the Project Site is damaged, destroyed or taken by condemnation or power of eminent domain, Developer shall notify the City, this Agreement shall continue in full force and effect, and Developer shall continue with the Project. 9.3. For purposes of this Section 9, "material part of the Project or the Project Site" is defined as a part that substantially impairs Developer's access to or intended use of the Project or the Project Site. 10. Compliance. Developer and the City will comply with all applicable federal, state and local laws, .1ules, regulations and ordinances, including but not limited to state statutes and 14 regulations pertaining to gaming, Developer shall as a condition of this Agreement provide such certification and documentation as may be required by state or federal law, including regarding immigration compliance, in such time frames as may be required by state or federal law or reasonably required by the City for execution, validation or enforcement of this Agreement. 11. Indemnification. Developer hereby covenants, warrants and agrees to indemnify and save the City and its respective officials, officers, agents, attorneys, employees and representatives harmless from and defend against (with legal counsel selected by the City and reasonably acceptable to Developer) all claims, demands, costs, liabilities, damages or expenses, including attorneys' fees, by or on behalf of any person, firm or corporation arising from: (1) the conduct or management of, or from any work, actions or omissions of Developer relating to the Project; or (2) any condemnation, acquisition or transfer of land under this Agreement, including, but not limited to, any environmental condition or use of such land; or (3) from any action or inaction of City pursuant to this Agreement or any breach or default of this Agreement by Developer; or (4) any claim, demand, dispute or litigation by any third party relating to this Agreement or the Project, or any actions taken relating thereto by City pursuant to the terms of this Agreement, including, but not limited to, any lawsuit related to the election referenced in Paragraph 43, or relating to any City approval, ordinance or action taken in furtherance of or under obligation of this Agreement. The foregoing indemnification obligations shall survive termination of this Agreement for any reason. 12. Public Liability Limited. The parties hereto agree that neither the City nor any of its respective officials, officers, agents, attorneys, employees, or representatives shall have any liability in damages or any other monetary liability to Developer or any affiliate, or successor, assign, heir or personal representative in respect of any suit, claim, or cause of action arising out of this Agreement or the commitments contemplated herein. No official, officer, agent, attorney, employee, or representative of the City shall be personally liable to Developer or any affiliate, or successor, assign, heir or personal representative arising from any default or breach by any party under this Agreement or any commitments contemplated herein. 13. Notices. Notices or other communications which are required or may be given under this Agreement shall be in writing, delivered personally or by courier service or by certified mail to the address indicated for each party, or to such other address as designated by a party by notice to the other party. The date of notice shall be the date of delivery or refusal of delivery. 14. Time of the Essence. Time is of the essence in the performance of all obligations under this Agreement. Nevertheless, if a deadline or day for performance is a Saturday, Sunday or legal holiday, the deadline or day for performance will be the next bushress day. 15. Entire Agreement. As of the Effective Date, this Agreement constitutes the entire agreement between the City and Developer regarding development of the Project and there are no other covenants, agreements, promises, terms or provisions, either oral or written, between them concerning the Project other than those set forth in this Agreement. 16. Binding Benefit. This Agreement is binding upon and shall inure to the benefit of the parties hereto, and their successors, heirs, personal representatives and permitted assigns. 15 17. No Police Power Limitation. Nothing in this Agreement shall be construed to surrender or waive the City's police powers or to contract away any of its governmental functions or authority. This Agreement shall be interpreted in light of inherent limitations placed upon the City as a municipal corporation which requires it to retain such police powers to protect the health, welfare and safety of the public. Furthermore, nothing in this Agreement shall be interpreted to contradict any federal or state law. 18. Opportunity to Cure. In the event either party fails to timely satisfy a Commitment or breaches an obligation herein, or prior any party exercising a right of termination of this Agreement for any reason, such party shall have a period of thirty (30) days from receipt of written notice of such failure or breach, or intent to terminate, to cure such default or termination basis before termination or a remedy for default may be invoked. Where the basis for termination or default is not cured within the thirty (30) day period, the party declaring the default or termination may elect to accept a legally binding commitment to cure in its sole discretion. 19. Eiforcement by City. In the event that Developer fails to make a monetary payment required by this Agreement or otherwise fails to comply with any material tern herein, the City may, in addition to any other remedies available at law or in equity, withhold permits and approvals for the Project until such compliance is secured and shall be entitled to any costs of enforcement of this Agreement, including reasonable attorneys fees, in the event that Developer is determined judicially to have violated the terms of this Agreement. Nothing herein shall preclude the Developer from contesting the existence City's determination of Developer's noncompliance, including as may be the basis for such withholding of permits or approvals for the Project. 20. Conflict of Interest. No member of the City Council who has any power of review or approval of any of Developer's undertakings, or of Developer's contracting for goods or services for the Project ,Site, shall participate in any decisions relating thereto which affect that member's personal interests or the interests of any corporation or partnership in which that member is direc-dy or indirectly interested. Any person having such interest shall 'immediately, upon knowledge of such possible conflict, disclose, in writing, to the City Council the nature of such interest acid seek a determination by the City Council with respect to such interest and, in the meantime, shall not participate in any actions or discussions relating to the activities herein proscribed. 21. Representations of Developer. Developer hereby represents and warrants that it has full and lawful right, power and authority, under current applicable law, to execute, deliver and perform the terns and obligations of this Agreement and all of the foregoing have been or will be, duly and validly authorized and approved by all necessary Developer proceedings, findings and actions. Accordingly, this Agreement constitutes the legal, valid and binding obligation of the Developer, enforceable in accordance with its terms. 22. Representations of the Citv. The City hereby represents and warrants that it has full constitutional and lawful right, power and authority, tinder current applicable law, to execute, deliver and perform the terms and obligations of this Agreement and all of the foregoing have been or will be, upon adoption of ordinances authorizing this Agreement, duly and validly 16 authorized and approved by all necessary City proceedings, findings and actions. Accordingly, this Agreement constitutes the legal, valid and binding obligation of the City, enforceable in accordance with its terms. 23. Governing Law. The laws of the State of Missouri will govern this Agreement. 24. Amendments. This Agreement may not be amended or otherwise modified except in writing signed by each of the parties. 25. Severability. If any provision of this Agreement, in whole or in part, is held invalid, that provision or specific part of the provision shall be deemed severed frora this Agreement and will not invalidate the remainder of this Agreement or that provision. 26. Reversion of City Property and Right of First Refusal. If this Agreement is temiinated prior to issuance of Class B License to Developer issued by the MGC for the Project (a "Termination Date"), all property conveyed to Developer by the City or vacated by the City for the Project shall revert to ownership by the City. Developer shall execute such deeds or other documentation as may be reasonably required by the City to effect such reversion. In addition, the City shall have a right of first refusal for all other real estate acquired by Developer for the Project (the "Right of First Refusal"), as follows: 26.1. If at any time after the Termination Date, Developer receives a bona fide offer (an "Offer") to purchase all or any part of the Project Site owned by Developer (such all or part being hereafter referred to as the `Property") and Developer is willing to accept the Offer, Developer shall promptly give to the City written notice (the "Notice") of the name and address of the person or entity making the Offer (the "Offeror") and the price and other terns of the Offer and of Developer's willingness to accept the Offer. 26.2. The City may exercise the Right of First Refusal within twenty (20) days after receipt of the Notice by notifying Developer that the City will acquire the Property for the price and on the terns specified in the Offer, including without limitation any contingencies contained in the Offer. If the City does not exercise the Right of First Refttsal, Developer may sell and transfer the Property to Offeror for the price and on the terns specified in the Offer and no other. Such sale and transfer will terminate the Right of First Refusal with respect to the Property as conveyed to Offeror. 26.3. If the sale and transfer of the Property to Offeror does not occur, the Right of First Refusal shall remain in full force and effect. The failure of the City to exercise the Right of First Refusal does not constitute a waiver of the Right of First Refusal as to any subsequent offers. 26.4. If the City exercises the Right of First Refusal but fails to acquire the Property, then this Right of First Refusal shall terminate with regards to the Property. 26.5. Any transfer of the Property made in violation of the City's rights under this Right of First Refusal shall be void and the City shall have the right to acquire the Property for the same price and on the sane terms as applied to the attempted transfer. 27. Recording. This Agreement may be recorded by either party in the real estate records of the County in which the Project Site is located. 17 28. Run with the Land The provisions of this. Agreement are covenants running with the land within the Project Site. 29. Termination, In addition to any right of termination otherwise provided in this Agreement, this Agreement may be terminated by the City, and shall become null and void, with no further obligations of the City and Developer to each other hereunder, if Developer, after notice and opportunity to cure as provided in Paragraph 18: (1) fails to satisfy any Developer Commitment within the time specified for the Commitment; (2) files for bankruptcy, is administratively dissolved, becomes insolvent as that term is identified in 11 U.S.C. §101, or otherwise ceases to be authorized to do business in the State of Missouri; (3) Developer makes changes to the :Project pursuant to Paragraph 6 that materially adversely impact the City's interests or impose material additional costs on the City; (4) Construction Commencement does not occur by three (3) years after Prioritization of Developer; (5) if Developer's gaming license or gaming license renewal for the Project is denied, surrendered, revoked or terminated, and is not reinstated within one (1) year after such event; or (6) if any party other than Developer is selected by the ivIGC for Prioritization for a site in the City of Cape Girardeau. [Signatures on next page] IM IN WITNESS WHEREOF, City of Cape Girardeau and IOC -Cape Girardeau LLC have signed this Agreement, which maybe signed in counterparts and by facsimile. City of Cape Girardeau By: Name: Title: Date: Address for notices: W. Eric Cunningham City Attorney 401 Independence, P.O. Box 617 Cape Girardeau, MO 63702-0617 ATTEST: City Clerk 'lltle: president & C00 Date: September 2, 2010 Address for notices: 600 Emerson Road, Suite 300 St. Louis, MO 63141 With a copy to: c/o Gallop, Johnson & Neuman, L.C. Attn: Thomas J. Campbell 101 South Hanley, Suite 1700 St. Louis, MO 63105 [Notary acknowledgements on next page] 19 State of Missouri: ss County of Cape Girardeau On this __ day of , 2010, before me appeared to me personally known, who, being by me duly sworn, did say that he/she is the of City of Cape Girardeau, Missouri, a constitutional charter city and political subdivision of the State of Missouri under the name City of Cape Girardeau, and that the instrument was signed in behalf of the City of Cape Girardeau by authority. Notary Public My commission expires State of Missouri ) ss County of On this I day of,_ , 2010, before me appeared ���(//jlat"(,ge ay .e� to me pe1wnall known, who, being by me duly sworn, didAythat he/she is the of IOC -Cape Girardeau LLC, a Missouri limited liability company, and that the instrument was signed in behalf of the company by authority. Vhf Notary Public My commission expires 6-111W Nota y Pub I0, No ory 8ea1 stCf9 of MI(I t.Comm isLtslo1lrs 1paB4g 73726 My Commisslon np98 May 01, 2014 20 Exhibit A Project Description The Project is a gaming development that will include a 2 story building of approximately 120,000 square feet with a floating gaming platform of approximately 40,000 square feet to initially include, subject to market conditions, approximately 1,000 slots and 20 tables. In addition, the Project will include five (5) food and beverage venues, a conference and entertainment multi -use space that can accommodate approximately 750 patrons, approximately 1,000 parking spaces and a building pad for a possible future hotel. The description of the Project, including all exhibits and attachments to this Agreement, includes opinions of management, projections, conceptual information and forward-looking statements related to the proposed riverboat gaming operation. These statements are based on current management expectations. Such forward-looking statements are subject to various risks and uncertainties, many of which are beyond the control of Developer. Thus, Developer notes that the Project itself may differ to some material degree from the statements contained herein due to, among other things, state acid municipal laws, ordinances, regulations, policies, environmental matters, changes in market conditions, increased costs, and "force majeure" events. Development of the riverboat gaming operation described in this Agreement is subject to, among other matters, receipt of all necessary approvals, satisfaction of conditions to agreements, and execution of definitive agreements. 21 Exhibit B Project Depiction and Conceptual Plan T m a QfRf(HHHHyµfyfHNh'D QflfffNfffHllfMfHH}fffD Boundaries are approximate and are subject to change pursuant to this Agreement. 22 Exhibit C Project Site Shaded area is the Project Site, approximately 17.1 acres. Parcel numbers are for reference only, Boundaries are approximate and are subject to change pursuant to this Agreement. 23 Exhibit D Areas for Public Infrastructure Improvements Parcel numbers are for reference only. Boundaries are approximate and are subject to change pursuant to this Agreement. 24 Exhibit E City Parcels To Be Transferred Parcels 1, 3, 21, 23 and 25, and all unshaded areas within the Project Site consisting of public streets, alleys, roadways, driveways and sidewalks not vacated are City parcels to be transferred pursuant to this Agreement. Parcel numbers are for reference only. Boundaries are approximate and are subject to change pursuant to this Agreement. 25 SUBJECT Creation of a consumption liquor license. EXECUTIVE SUMMARY Most of the City's liquor licenses mirror those at the State level. It was brought to our attention that the State has what is called a consumption license that regulates businesses that allow customers to bring their own alcohol. Approval of the attached ordinance would mirror the State statute. BACKGROUNDIDISCUSSION Over the past year the City has been contacted by several individuals wishing to open private clubs that would not sell liquor, but would allow patrons to bring their own alcohol. None of the existing City liquor licenses directly covers this type of activity. While researching this issue, we learned that the State does have a consumption license that provides appropriate regulations. Adoption of the attached ordinance would allow the City to have a license that is applicable to these requests while still requiring the other standards found in our licensing procedure such as background checks, location, hours of consumption, etc. This is not a loosening of any requirement, but rather the adoption of a license that is specific to this type of narrow activity. Adoption of this ordinance will also allow for inspection of the premises and enforcement of all applicable laws. FINANCIAL IMPACT None. STAFF RECOMMENDATION Staff recommends approval of the attached ordinance ATTACHMENTS 0 BILL NO. 10-117, Ordinance creating consumption liquor license BILL NO. 10-117 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU BY ADDING A NEW SECTION 5-48 ENTITLED "CONSUMPTION LIQUOR LICENSE" BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. There is hereby enacted a new Section 5-48 to Chapter 5 of the Code of Ordinances of the City of Cape Girardeau entitled "Consumption Liquor License" in words and figures, to read as follows: Sec. 5-48. Consumption liquor license; license required; regulations; penalties; exceptions. (a) It shall be unlawful for any person operating any premises where food, beverages or entertainment are sold or provided for compensation, who does not possess a license for the sale of intoxicating liquor, to permit the drinking or consumption of intoxicating liquor in the premises, without having a license as in this section provided. (b) Application for such license shall be made to the city manager on forms to be prescribed by him, describing the premises to be licensed and giving all other reasonable information required by the form. The license shall be issued upon the payment of the fee required in this section after complying with the process for city council approval set forth in this Article. A license shall be required for each separate premises and shall expire on the thirtieth day of June next succeeding the date of such license. The license fee shall be three hundred dollars per year and the applicant shall pay twenty-five dollars for each month or part thereof remaining from the date of the license to the next succeeding first of July. Applications for renewals of licenses E shall be filed on or before the first of May of each year. (c) The drinking or consumption of intoxicating liquor shall not be permitted in or upon the licensed premises by any person under twenty-one years of age, or by any other person between the hours of 1:30 a.m. and 6:00 a.m. on any weekday, and between the hours of 1:30 a.m. Sunday and 6:00 a.m. Monday. Licenses issued hereunder shall be conditioned upon the observance of the provisions of this Chapter and the regulations promulgated thereunder governing the conduct of premises licensed for the sale of intoxicating liquor by the drink. The provision of this section regulating the drinking or consumption of intoxicating liquor between .certain hours and on Sunday shall apply also to premises licensed under this chapter to sell intoxicating liquor by the drink. No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the city, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the city. (d) Any premises operated in violation of the provisions of this section, or where intoxicating liquor is consumed in violation of this section, is hereby declared to be a public and common nuisance, and the city manager and the city attorney shall have the authority to prosecute such violation in municipal court and to enjoin such nuisance. (e) Any person operating any premises, or any employee, agent, representative, partner, or associate of such person, who shall knowingly vio:Late any of the provisions of this section, or any of the laws or regulations herein made applicable to the conduct of such premises, is guilty of a misdemeanor. (f) The city manager is hereby empowered to revoke or suspend any license issued hereunder for K violation of this section or any of the laws or regulations herein made applicable to the conduct of premises licensed hereunder. (g) Nothing in this section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this section by a wholesaler licensed under the other provisions of this Chapter to a person licensed to sell the intoxicating liquor at retail. (h) No intoxicating liquor may be served or sold on any premises used as a polling place on election day. Article 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Article 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. Article 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED this day of 2010. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 3 CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees August 2, 2010 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Girardeau Goes Green Advisory Board Serve three year terms appointed by Council. Two ex -officio members with special expertise residing in Cape Girardeau County can be appointed. Council member can serve as ex -officio member. Meetings held second Tuesday of each month. Purpose is to develop cost effective recommendations on how the City organization can reduce its environmental impact, anceits sustainability,andserve asarole model for the region, Staff contact—I-leather Brooks, Assistant to City Manager, -6320. Date Appointed Date Reappointed Term Expires Shaun McClintock July 6, 2009 --- July 1, 2011 Eric Redinger July 6, 2009 --- July 1, 201 l Jill Wicks October 20, 2009 --- July I, 2012 Ellen Dillon July 6, 2009 --- July 1, 2012 Kathleen Conway- Ex -officio July 6, 2009 --- July 1, 2012 Stephen Overmann- Ex -officio July 6, 2009 --- July 1, 2012 Debra Tracy- Ex -officio Council July 6, 2009 --- July 1, 2012 Dru Reeves July 6, 2009 6/21/10 July 1, 2013 Walter White June 21, 2010 --- July 1, 2013 Glen Williams June 21, 2010 --- July 1, 2013 Serve three year terms appointed by Council. Two ex -officio members with special expertise residing in Cape Girardeau County can be appointed. Council member can serve as ex -officio member. Meetings held second Tuesday of each month. Purpose is to develop cost effective recommendations on how the City organization can reduce its environmental impact, anceits sustainability,andserve asarole model for the region, Staff contact—I-leather Brooks, Assistant to City Manager, -6320. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION �f Name �ue<<w� Telephone: Day Home Address I 1'e V- Evening Se`"`� E-mail Address 5 ;'6o I G- C (C L' le © q {' vi C' r Mobile 5 �%— e e l Year Current Residence in Cape Girardeau Began Current Employer and Position Sa v T Co 5 t yi(. 5 Sm �✓, b (2✓(t V n i ter, 5 — 15 ��✓� % Previous Employers and Positions S9 d -t- L, 5S C-? � ct�) -v` Number in priority orderthe Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals _ Board of Examiners -�K Girardeau Goes Green Advisory Board _ Golf Course Advisory Board Historic Preservation Commision Parks & Recreation Advisory Board Planning & Zoning Commission Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board �J Special Qualifications for specific board(s)(include past board service): L,i6✓✓ r'a ��/ oaV iid��,dew�J . Ai✓n�,T %ic�v,sNti c96 V--V-C� ar4a4ver In �1a �Izilo rd -v w vµ,cv12 %SSve5 %t� �� X9'64 State why you are interested in serving on this board:, Pe c "¢ i dx as,/Phl� "r" L �O Cl. J Sem i. t\ -V t CiuE L!l!/ k CL � 7PN¢uiC ✓��i}` � -q aN✓Nl V✓lbr�^ /ln' } 6owlc� S �44LL ie� Educational Background: _ escG k LI/ p Community /Activities (Include off/i%cesheld � and committee service): �¢ 4 et/ Meeting time(s) convenient for you: (Please check one in Aand one in B) A. Weekly Monthly Anytime /kk B. Morning Noon Afternoon Evening Anytime Would you like to receive news from the City via email? 21 Yes ❑ No Would you like to attend a City Council Study Session when your �2 Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/comm ,on. Signed= U67( Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 637030617. Name Tom Davisson CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Telephone: Day 573-651-3747 ext tot Home Address 412 N. Sunset Cape Girardeau, MO 63701 Evening E-mail Address daviggf@holmai[.mm Mobile 573-450-8317 Year Current Residence in Cape Girardeau Began 1985 Current Employer and Position Community Caring Council - Executive Director Previous Employers and Positions upper-level management positions with the Southeast Region of the Missouri Division of Family Services Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners .;Z V Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission _ Parks & Recreation Advisory Board _ Planning & Zoning Commission _ Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board service): member of Vision 2020 community Relations Council years State why you are interested in serving on this board: 1 want to be of service Educational Background: BSW, post graduate studies, numerous CEU's in a variety of areas Community Activities (Include offices held and committee service): none Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly_ Monthly Anytime B. Morning A Noon __B__ Afternoon Evening Anytime Would you like to receive news from the City via e-mail? Yes No Would you like to attend a City Council Study Session when your V Yes No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. SignedJ—jt,..�Lt/li ���j Date 6 • ff ' /d ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. RPR -O'_-2070 11:57 From:LR CROIX CHURCH 5733397050 To:573 339 6302 P.2/2 CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name w1�, �L�i 1�dDjDt\(- pt�o� K Telephone: Day(W fV—) r✓73j3� _0302 - Home Address 3311 ke�?-A Evemn E-mail Address ' V-M-1CKDhTLAtl- Mobile 5't3^5b'f-�(015 Year Current Residence in Cape Girardeau Began Previous Employers and Positions Number in priority order the Boards) you are interested in serving on7 Su Gt��IG2 }i7J110�`I Iww _ Airport Advisory Board -43 Parks & Recreation Advisory Board _ Board of Adjustment —.Planning & 'Zoning Commission Board of'Appeals *y Public 1-ibrary Board .Board of Examiners _ River Campus Board of Managers Girardeau Goes Green Advisory Board _ Show Me Center Board of Managers _ Golf Course Advisory Hoard —Special Business District Advisory Commission :t2 Historic Preservation Commission _ Tree Board Special Qualifications forspecific board(s) (include past board service): -_A e& iPV �/ GnQu i�Csrr�w i{ A, WvinY url Pr/,4w W-uAal Dpeaxiy. S aoel 6t- W(UAr d"_4A abpl.i Dux C4 tiq 0 amfrut'44- l x=WW .0. State why you nre interested in serving on this hoard:, 41 Educational Background: Community Activities (Include offices held and committee service): loan i� nv-� W& WA ahvti P,Uny\offiv6, W XM v 0401\18A ALMrP_ d &r w I;{ G pr "i U;h ov6 erUP�$b l� Meeting time(s) convenient for you: (Please cl ck one in A and one in B) A. Weekly ` Monthly Anytime B. Morning_ Noon ^ Afternoon _ Evening _ Anytimme v Would you like to receive news from the City vin e-mail? 2/yes ❑ �J0 Would you like to attend a City Council Study Session when your ❑ Yes [� No application conies tip for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission, - r. Signed Date ' I — I D r► Board rt r Su ary Sheets are valid for one year from the date that they are signed, .Return to the City Manager's 0111ce, P.O. Flux 617. Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name ADAM 6-6N'% Telephone: Day 57 3 -17 D - U 55 3 Home Address Evening E-mail Address gdc,M e a o%NQ i I. o« Mobile Year Current Residence in Cape Girardeau Began �-Q 6 7 Current Employer and Position ftr Previous Employers and Positions (A,g B <y I r r F k ss- Me 1 'c a 5 1[s A s,o 4e C'!i { C e (Tfe IS Q s k G' It !(ha� Cao[ jr`r rdC / - Spar! rQ[cr[}b (r J! E r Number in priority order the Board(s) you are interested in serving on? _ Airport Advisory Board Parks & Recreation Advisory Board _ Board of Adjustment Planning & Zoning Commission _ Board of Appeals Public Library Board _ Board of Examiners River Campus Board of Managers Girardeau Goes Green Advisory Board _ Show Me Center Board of Managers _ Golf Course Advisory Board Special Business District Advisory Commission Historic Preservation Commission Tree Board G10-21 Special Qualifications for specific board(s) (include past board service): RPsekr l P "eo-1 m.e�5jf1 4 ,I' s t feGhU ^( C1 Mt CVS 0' (J ff Whtli h5f M +) N O Nl %Q/ State why you are interested in serving on this board: (an w, MJ a liw A rr M.. \'.w + t,cr. A. hh14 fuv �mt v.,A lnSnH F[Ft..'i' I Educational Background: l clnr Af}s (Qhl so Ph f�a r E do i k I Sc`< , See 0, dotU (Re feJ,,-) Sz o ioi T�,`S 46,lar : 52u LJi,. )tlf . dol3 Community Activities (Include offices held and committee service): C L,-6 , r, i o E 1[<f s 6w (o✓atnts (IIu; r • 5elfrk y), iy r le W� ( >( &ci Zc UAIc n e� plcy( &W 6r Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly X Anytime_ B. Morning Noon Afternoon Evening Ir Anytime Would you like to receive news from the City via e-mail? Yes- ❑ No Would you like to attend a City Council Study Session when your Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. SignedDate ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name DU5aA, fl6hj Home Address i g 6 Z N k E-mailAddress 5(T51'1(t\f IV Year Current Residence in Cape C Current Employer and Position Previous Employers and Positions La 5,6x Char L� J_ Number in priority order the Boar, Telephone: Day (25] 0 ( Evening I , Cl0 vyr _ Mobile ©t fiDw, r ZCz--)B )bir_ Ibar i.5-ro- : 3)�rafrrsIPL, l Pronromt,� you are interested in serving on? Airport Advisory Board _ Board of Adjustment _ Board of Appeals Board of Examiners I Girardeau Goes Green Advisory Board _ Golf Course Advisory Board Historic Preservation Commission _ Parks & Recreation Advisory Board Planning & Zoning Commission _ Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board service): 'b.5" Nctf6yrc�k_P &P4;x )rG2 State why you are Educational Background: ri in serving on this board:7 { Iy Y� V )' r/� ((I,-Yf OX Ut h(7 0 )lVV�i rwr nv �� i �� yr a�inin rangy 4vv�iiv-n \nrV1W VAI Community Activities (Include offices held and service): -d-ro be Iry-IoLb Ee,,;00rCe_ W_Lser Zco l Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytimet! B. Morning Noon Afternoon Evening / Anytime Would you like to receive news from the City via e-mail? D Yes ❑ No Would you like to attend a City Council Study Session when your ❑ Yes GKNo application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Date 010, O8, 201 D ** Board Iv fen}ber Summ4� Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Boa 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name ACL Ws Jav%-'Z.OW Telephone: Day Home Address LIQ tj , at to�ET -5Z-yp Evening E-mail Address WlG�O, 6z- @- �ltinco , 0-0 ,/' Mobile q Year Current Residence in Cape Girardeau Began ZJL!� /975 — I �S Current Employer and Position Previous Employers and Positions Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission Parks & Recreation Advisory Board Planning & Zoning Commission Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board service): f7fi9`E_ t1,3Eg&y 7j�agS GsZFat:�. State why you are interested in serving on this board: )V's ou-r ;c41 EducationalBackground: CC\ Uc� +tKC',\ 011377tfliE (E. f.,:w s-'TAT-F- kP2�' i E C>,3 Ali rte; o ��1JtynJr+hinl,P( ,A S_ ;R,�� Community Activities (Include offices held and committee service): CivCfx7? 7 4 lkr-t43 dKIX.`�-',' Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime / B. Morning Noon Afternoon Evening Anytime Would you like to receive news from the City via e-mail? N—Yes ❑ No Would you like to attend a City Council Study Session when your ❑ Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) c°�secutive months, will re It in your position being automati ly forfeited on the board/commission. A II Signed ** Board Member Summary Sheets Date for one year from the date that they are signed. Return to the City Manager's Of lice, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name i"OA-1 e— To ti, e -t c> Telephone: Day 3-3 `�- d % 1-) -5 �j)_e Home Address L5 3 `3 D (w e \ Dr -(\')t r CA PF Evening 3 3 `] - T7,5�, S E-mail Address �5 P�w-eF�ee �� t �a l,�o (-o,�. Mobile 2,QO - 9oL Year Current Residence in Cape Girardeau Began O O Current Employer and Position PA -5 To Previous Employers and Positions S C:LF - Fdv Q1ny 4e Number in priority order the Board(s) you are interested in serving on? 10 Airport Advisory Board ,�5)_ Board of Adjustment Board of Appeals 1 w Board of Examiners t Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission z Parks & Recreation Advisory Board 3 Planning & Zoning Commission t Public Library Board 1 t River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission IZ Tree Board Sp,;cial Qualifications for specific board(s) (include past board service): ffi 55o c D;sA-r�c� Horne- Ms5�oQ-5 P----Y.rA State why you interested in serving on this board: To ti, e -t c> G` ro, :+V, {{are fAwJ- EdreationalBackground: fSC'a,el'�c fee , Community Activities (Include offices held and committee service): C 1w v 1�ec 0-� C.A'Mer-c'e Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly ✓ Anytime B. Morning Noon Afternoon Evening Anym tiie ✓ Would you like to receive news from the City via e-mail? H- Yes ❑ No Would you like to attend a City Council Study Session when your CLYYes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Signed Date % Lra ZOIU ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name j ay( C,_ Pr"g11t frQ-✓— Home Address ) Z t Z N f "4_Co h, E-mail AddressPau i. p & I fe feC E - Year Current Residence in Cape Girardeau Began ZOD Current Employer and Position Ae< ;x 12t�C2 Previous Employers and Positions to Phar i -T6M Gtv,Sv 14.).4, z� 4+ - Telephone: Day 3 A (floc ©oi3 Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board _ Board of Adjustment _ Board of Appeals _ Board of Examiners Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission Special Qualifications for specific board(s) Mn,--I,.,p 4-lJ- iM O . yr ou , 0J S State why you are interested in serving on this Educational Background: 7 YI � Ot'�1 t "d rMJ _ Parks & Recreation Advisory Board Planning & Zoning Commission _ Public Library Board _ River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission _ Tree /Board C boards rvice): WY fPY ( Sc� ool ' ur r ♦-. � flt�G'� aCV a0 kn VNahnvtn 1AY91 C offices held and committee service): MJ)n �, Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly_ Monthly_ Anytime_ B. Moming _ Noon _ Afternoon _ Evening -.,/Anytime Would you like to receive news from the City via e-mail? CI Yes f!T N Would you like to attend a City Council Study Session when your O Yes Io application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (I2) Corp ve onths w' result in your position being automatically forfeited on the board ission. y Signe Date/Jv� I 'v "Board Member Summ is e v lid for one year from the date that they are signed. Return to the City Manager-'s-OfTe�Le, P.O. Box 617, Cape Girardeau, MO 63702-0617. t S Pe, urlu. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name: Bruce W. Skinner Telephone: Day573-651-2802 Home Address 1009 Dearmore Ct, 63701 Evening: 573-651-611 E-mail Address bskinner@semo.edu Mobile: 573-270-7518 Year Current Residence in Cape Girardeau Began: 1993-1997, 1999-2003, 2008 -present Current Employer/Position: Southeast Missouri State University, Director Residence Life/Dining Previous Employers and Positions • K -Mart — Operations Manager (Kansas City. MO) • Phar -mor Pharmacy— Pharmacist Technician (Kansas City, MO) Number in priority order the Board(s) you are interested in serving on? 1. Planning & Zoning Commission 2. Parks & Recreation Advisory Board 3. Girardeau Goes Green Advisory Board Special Qualifications for specific board(s) (include past board service): • 1 served on the Parks Board and Planning and Zoning Board for Chafee from 2004-2007 • Interned with City of Cape under Kent Braton in the City Planners Office • Thesis research focused on the use of Capital Improvements Planning by City Governments State why you are interested in serving on this board: I am very pleased to be raising a family in Cape and with my work at the University, educational background and my previous experience on similar board in Chafee; I feel I can contribute to our community. Educational Background: • Bachelors Degree in Political Science • Masters Degree in Public Administration • Doctorate in Education Policy Community Activities (Include offices held and committee service): • Cape West Rotary Member • Delta Chi Fraternity, President of Alumni Foundation • American Red Cross Volunteer • 2010 Census "I Count Committee" • Cape Girardeau Chamber of Commerce Member • Cape Bible Chapel Member Meeting time(s) convenient for you: (Please check one in A and one in B) A. Anytime B. Anytime Would you like to receive news from the City via e-mail? Yes (I already do) Would you like to attend a City Council Study Session when your application comes up for consideration? Yes By signing this.document, you agree to serve and Vend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months ill result in your position being automatically forfeited on the board/commission. Signed Date 4�2�C2 CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY DECEIVED MAY 2 8 2809 Name 4 17) �_1-1/, f>4 15 Telephone: Day �% 3 3 3 5 h 7 Home Address � — 1 i ( w«, N { k Evening ,T 7 3 E-mail Address Year Current Residence in Cape Girardeau Began Mf!� 1 a5 7 Current Employer and Position OIW M E R 1 1 P i o nl )_ ) ,4 F vy Previous Employers and Positions 3 w `5 `3 0 AZ's A5° . In which Board(s) are you interested? G RC E V 'fl D V1 SeJ R Special Qualifications for specific board(s) (include past board service) Educational Background 7). 'D, 'S -s ifs' Community Activities (Include offices held and committee service) O5° Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon X Afternoon A- Evening Anytime Would you like to receive news from the City via e-mail? lftr' Yes ❑ No Would you like to attend a City Council Study Session when your application comes before the Council for consideration? ❑ Yes 7 No By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed Date '5 a S- O Cr revle oea ** Board Member Summary Sheets are valid for one year from the date that they are signed. albww Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE tztMI. y ADVISORY" BOARD APPLICATIOty Name ��W �� i��iT Telephone: Day �� - 3 3 Y16 Honte Address 1-46q .DAVID ST Evening 57 .3- A S / - 60/7 E-mail Address lJPE-Kf. WRI6H7 Of 6-1"Q, , COM Mobile j:? 3-5_�S_3 - y//6 Year Current Residence in Cape Girardeau Began Current Employer and Position R0 LE-rr Z &/4MUn11GK76kLS - /!Q, d V/4ct, S&WV/CE$ Previous Employers and Positions /,rVS 12 - CRtF"V1= SA�PY/CEC Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission Parks & Recreation Advisory Board Planning & Zoning Commission Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board service): PAS 1j1MW b j1�SCLI�DC7� Cr113iTi�b�JISD�f f y_C( &7o(z_Wq, 6JE 722 D 6LA Ab 26 1 A 1 / /)V/, / 1.JC 5jQP,00 0' 1t/47742F Co v S�2 V fT/cnl _ ( �nE326Y Ce"SWI- �. State why you are interested in serving on this board: (/,,J _HEP1A_J_U C -9J F_ 1 1EjN 13E_CQME_ALFftJD-IN6_ERftMPLE&R N_ j5S_4ue1_1 V_ 21_E_/���A OK Educational Background: Community Activities (Include off -ices held and committee seivice):11:1-5`fAiL bt,E 77,elr6`9 /—MbXERA/6 l°ieefFSS l in S_ PSA fFoL UN 7 ,Q, r4RE.A M 2P&,b_U_LWS_A Ctiv . Meeting time(s) convenient tot you: (Please check one in A and one in B) A. Weekly Monthly %� Anytime B. Morning Noon Afternoon Evening Anytime Would you like to receive news from the City via e-mail? Aer,�,rny oN uSt. ❑ Yes ❑ No Would you like to attend a City Council Study Session when _Noir ❑ Yes ;Y\ No application cones up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or foot (4) absences in any twelve (12) consecutive months. will result in your position being automatically forfeited on the board/commission. Signed (/z Date S Z S-/10 ** Board Member Summar, Sheets are valid for one year From the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Agenda: September 7, 2010 Staff: Carl A. Kinnison, Chief of Police SUBJECT Liquor license application. EXECUTIVE SUMMARY Todd A. Priest, d/b/a Rum Juice, LLC, has submitted an application for a new retail liquor by the drink license for a bar at 701 North Main Street (formerly Margarita Mamas). BACKGROUND/DISCUSSION This past June, council elected to take no action on a liquor license renewal request by Mr. Ben Burch for Margarita Mamas, located at 701 N Main. This action was based on numerous calls for service at that location, as well as a neighborhood petition requesting the bar be closed. Currently, Todd Priest, a former manager for the Main Street Bar (the name of the bar at 701 N Main before it opened as Margarita Mamas) is asking for a liquor license to open another bar at this location. STAFF RECOMMENDATION Due to the number of calls at this particular location over the past 5 years, and the petition signed by a majority of residents in this area requesting the bar be closed, it is our recommendation the license not be issued. Please refer to Memorandum 910-113 attached. PUBLIC OUTREACH On August 31, 2010 we spoke to several residents in the area who expressed their concern about another bar going into this location. They plan to address their concerns once again at the council meeting. Additionally, we spoke with the applicant, Mr. Priest, about our concerns of recommending a license at that location. He stated he understood our concerns but is under the impression that most of the homeowners in that area have sold their property. He also plans to be at the council meeting to address the council. ATTACHMENTS • Liquor license application • Memo #10-113 • Memo #10-75 • Neighborhood petition • Previous letters to council for license renewals at 701 N Main Street City of Cape Girardeau 401 INDEPENDENCE P 0 BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE IN TYPE OF LIC. NEW RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 8-5-10 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS: I have received an application from TODD A. PRIEST, d/b/a RUM JUICE, LLC, located at 701 N. MAIN ST., for a RETAIL LIQUOR BY THE DRINK license. Contact number is 380-2478. Please complete inspection and return to Customer Service. Referred to Police Department 8-5-10 Referred to City Inspector 8-5-10 Referred to Fire Inspector 8-5-10 Referred to Health Inspector 8-5-10 Notice (sign) given to Applicant: N/A for Council Meeting on 8-16-10 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license Is hereby authorized to be issued. DATE CITY MANAGER APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT I a CITY ^ INSPECTOR HEALTH INSPECTOR FIRE INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license Is hereby authorized to be issued. DATE CITY MANAGER City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: RUM JUICE, LLC Managing Officer TODD A. PRIEST Business Address: 701 N. MAIN ST. Type of Liquor License: RETAIL LIQUOR BY THE DRINK Type of license in last 6 months: RETAIL LIQUOR BY THE DRINK Approval of Applicant by Police Department: Inspection Personnel: Zoning Classification The applicant (is, is not) required to post the notice required under, Sec. 5-33-a. The applicant (has, has not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (is, is not) within 200 feet of a church or school building or resident. Sec. 5-6 This structure (is, is not) zoned correctly as required under Chapter 30 (4) of the City Code of Ordinances. Date Signature This liquor license was conditionally approved by the City Council at their meeting on City of Cape Girardeau 401 INDEPENDENCE POBOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE IN TYPE OF LIC. 6ii:) RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 8-5-10 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS: I have received an application from TODD A. PRIEST, d/b/a RUM JUICE, LLC, located at 701 N. MAIN ST., for a RETAIL LIQUOR BY THE DRINK license. Contact number is 380-2478. Please complete inspection and return to Customer Service. Referred to Police Department 8-5-10 Referred to City Inspector 8-5-10 Referred to Fire Inspector 8-5-10 Referred to Health Inspector 8-5-10 Notice (sign) given to Applicant: N/A for Council Meeting on 9-7-10 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT CITY / INSPECTOR HEALTH INSPECTOR FIRE INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: RUM JUICE, LLC Managing Officer TODD A. PRIEST Business Address: 701 N. MAIN ST. Type of Liquor License: RETAIL LIQUOR BY THE DRINK Type of license in last 6 months: RETAIL LIQUOR BY THE DRINK Approval of Applicant by Police Department: Date Signature Inspection Personnel: Zoning Classification M` The applicant (is, —Gbequired to post the notice required under, Sec. 5-33-a. The applicant (has, as no posted for 10 clays the notice required under Sec. 5-33-1-a This structur is s not) within 200 feet of a church or school building or resident. Sec. 5-6 This structur (is, s not) zoned corre nder Chapter 30 (4) of the City Code of Ordinances. Date This liquor license was conditionally approved by the City Council at their meeting City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE APPLICATION FOR: (check one or more) 5% LIQUOR BY THE DRINK V/ RETAIL LIQUOR BY THE DRINK ORIGINAL PACKAGE 5% BEER ORIGINAL PACKAGE LIQUOR WHOLESALERS OF MALT LIQUOR NOT IN EXCESS OF 5% WHOLESALERS OF INTOXICATING LIQUOR—UNDER 22% WHOLESALERS OF INTOXICATING LIQUOR — ALL KINDS SUNDAY SALES (PERMIT TO ALLOW COMSUMPTION OF LIQUOR) MANUFACTURERS OF BEER DISTILLERS AND MANUFACTURERS OF LIQUOR WINE TASTING NAME OF APPLICANT V' p-1 GST D/B/. ADDRESS OF APPLICANT G 1,2 ` � Lo I -I " CFS � l`�mne- APPLICANT HOME PHONE �1�T-3. 3PD-'L`{q'19USINESS PHONE 9 P_ TYPE OF OWNERSHIP (check one only) Corporation Partnership Proprietorship or sole owner STREET ADDRESS AND SPECIFIC DESCRIPTION OF PREMISES WHICH LICENSE APPLIED FOR WOULD COVER (i.e. NUMBER OF ROOMS, NUMBER OF STORIES, OUTDOOR SEATING AREAS, ETC.) ALL AREAS LISTED ARE SUBJECT TO INSPECTION BY CITY INSPECTORS AND MUST MEET CODE REQUIREMENTS. ADDRESS: q O k4r, It ST- CAPe Pb OTO DESCRIPTION: l �.t'l r — tAsz-t.�xy-T— —CLO �<cz r .4 lrrc� -p� ARE YOU IN PRESENT POSSESSION OF PREMISES DESCRIBED PREVIOUSLY? YES IV/ NO ARE ANY ALTERATIONS TO THE BUILDING OR PREMISES CURRENTLY UNDER WAY OR PLANNED IN THE IMMEDIATE FUTURE? YES NO HAS THERE BEEN A PRIOR LIQUOR LICENSE ISSUED WITHIN THE PAST SIX (6) MONTHS WITH THE SAME TYPE OF LICENSE OR A LESS RESTRICTIVE LICENSE? YES Z NO IF NO, PLEASE BE AWARE THAT ACCORDING TO CITY CODE SEC. 5-33, EACH APPLICANT WILL BE GIVEN A SIGN TO BE POSTED FOR AT LEAST TEN (10) DAYS PRIOR TO COUNCIL ACTION. TIIE SIGN WILL CONTAIN THE NOTICE OF APPLICATION AND THE TIME WHEN AND PLACE WHERE THE COUNCIL SHALL CONSIDER THE APPLICATION. THE APPLICANT SHALL BE RESPONSIBLE FOR POSTING THE SIGN. WHEN GIVEN THE SIGN TO POST, A WOODEN STAKE(S) WILL ALSO BE GIVEN, IN WHICH THE APPLICANT MUST RETURN IN ORDER TO RECEIVE THEIR LIQUOR LICENSE. IS THE BUILDING IN WHICH THE LICENSED PREMISES ARE LOCATED, LOCATED WITHIN 200 FEET OF ANY SCHOOL OR CHURCH BUILDING?/ YES NO ✓ IF YES, PLEASE BE AWARE THAT ACCORDING TO CITY CODE SEC. 5-6, NO LICENSE SHALL BE GRANTED FOR THE SALE OF INTOXICATING LIQUOR WITHIN TWO HUNDRED (200) FEET OF ANY SCHOOL, CHURCH, OR OTHER BUILDING REGULARLY USED AS A PLACE OF RELIGIOUS WORSHIP. I, the undersigned, hereby apply to the City Council of the City of Cape Girardeau, State of Missouri, for the license above described on the above described premises and for the purpose of inducing the City Council to issue to me said license, I make the statements and answers hereinafter set out and understand and agree that if any statements of answers made herein are untrue and the license herein applied for is granted, such license may be revoked or suspended by said City Council and I further understand and agree that if I, or any of my employees, shall violate the provisions of any ordinances of the City of Cape Girardeau, Missouri, or knowingly allow any other person to do so upon the licensed premises, the City Council may suspend or revoke the license granted hereunder. Applicant further agrees that if the license is granted, inspections may be made in accordance with the regulations as set forth in the Ordinances of the City. ALL QUESTIONS ON THIS APPLICATION MUST BE ANSWERED COMPLETELY BEFORE THE APPLICATION WILL BE CONSIDERED. ANSWERS MUST BE TYPED OR LEGIBLY PRINTED. WHERE NECESSARY, ANSWERS SHOULD BE COMPLETED ON ADDITIONAL SHEETS OF PAPER. 1. TO BE COMPLETED BY CORPORATIONS ONLY. State the exact corporate name of applicant: N A State the date and place of incorporation: N (A State the yyaddress of the principal office of the corporation: [[ State the names and residence addresses of all officers of the corporation and the office held by each: FULL NAME ADDRESS OFFICE D.O.B. (AND MAIDEN NAME IF APPLICABLE) State names of all stockholders and the number of shares owned by each (if not a closely held corporation, list those who own at least 10% of issued stock.) FULL NAME (AND MAIDEN NAME IF APPLICABLE) NUMBER OF SHARES 2. TO BE COMPLETED BY PARTNERSHIPS ONLY. State the name o State date partnerships was State names of all partners: FULL NAME (AND MAIDEN NAME IF APP If ABLE) A- m M DRIVERS LIC. NO. ALL REMAINING QUESTIONS MUST BE COMPLE T ED BY ALL APPLICANTS: 3. PROVIDE THE FOLLOWING INFORMATION PERTAINING TO THE MANAGING OFFICER OF THE CORPORATION, EACH PARTNER OF A PARTNERSHIP OF THE OWNER OF A SOLE PROPRIETORSHIP: Full name (and maiden name if applicable) 1 ohm A LL E- �RP C Si` Current residence address_ L Z (-A S LpQa ga,kelz ATr 3 Length of residency at current address 2 '/2- Y P' -S Date of birth_(jLI tq(o&ls the managing officer a U. S. Citizen? Yes Place of birth TeADLtV "N S.S.N. qq� ) Current Driver's License: number J 1 DW qq CD3 state 00 All former driver's license: (list state and number) All former names and times when used: FULL NAME FROM TO All former residence addresses for past fifteen years and date of residence for each address: ADDRESS FROM TO 's , <S-p22_,4-vz T- z ooy Z-008 °I S 6e-atroN 1901 `% 2-Wq 4. State the type of business for which you seek a liquor license. 1 G:lAt A- 11>6+L 5. Describe all related activities which you intend to conduct on the premise for which you seek alicense. �Ati5ts----f'>Afitcz-, :k7'eL`fA-twLceur 1:304 PATkn-lS 6. Is the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner, or any member of family interested directly or indirectly in any other license issued by the Supervisor of Liquor Control or the City of Cape Girardeau which is now in force? N O If so, give details: 7. Has the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner, or any member of owner's, managing officer's, or any partner's household or immediate family at any time in the past, held a license from the Supervisor of Liquor Control or the City of Cape Girardeau which was denied? Na If so, give details: 8. Has the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner, or any member of owner's, managing officer's, or any partner's household or immediate family ever made application for a license from the Supervisor of Liquor Control or the City of Cape Girardeau which was denied? N-0 If so, name the applicant, date of denial and details regarding same. 9. Has the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner, or any member of owner's, managing officer's, or any partner's household or immediate family ever had any license issued by the Supervisor of Liquor Control of the State of Missouri or by the licensing authority of any other state or by any city, suspended or revoked? Ale If so, give details k %q 10. Is there now employed, or do you expect to employ, in the business sought to be licensed hereunder any person who has at any time had a license from the Supervisor of Liquor Control revoked or suspended? ki D If so, give details t4/ A2 11. Has the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner ever been employed by any person, partnership, or corporation that had a license suspended or revoked by the Supervisor of Liquor Control of the State of Missouri? "(D If so, give details: 12. Has any license heretofore issued by the Supervisor of Liquor Control for the premises for which you seek a license ever been suspended or revoked by the Supervisor of Liquor Control of the State of Missouri? N o If so, who was the licensee? 13. Has the owner, managing officer, or any partner ever been arrested or indicted for the violation of any Federal Law, law of the State of Missouri, or any other state: Al() If so, give details: 14. Has the owner, managing officer, or any partner ever been convicted of any crime in any Missouri Court, any Court of any other State, any Federal Court or any Court of any other Country? "0 If so, give details: 15. Has the owner, managing officer, or any partner ever been convicted of the violation of any ordinance of any city relating to intoxicating liquor gambling, immorality, fighting, or peace disturbance? p If so, give details: /u%4 16. Has the owner, managing officer or any partner or any member of owner's, managing officer's or partner's household or immediate family ever been convicted of any Federal Law or law of any state concerning intoxicating liquor? A40 . If so, give details as to each conviction, giving name of person convicted, date and nature of offense, court where sentence was entered, and sentence imposed or fine imposed. 17. Is there now employed or do you expect to employ, in the business hereunder any person who has been convicted of any crime? fico If so, give details N 4/1, 18. Do you own or rent the premises for which you seek a license? 19. Who is your landlord? :8 1 CK, l n rp/.1 F k 20. What interest, if any, does your landlord have, directly or indirectly, in the business which you intend to engage in if the license is granted? 21. Does your landlord now hold, or has he ever held, a license of any kind issued by the Supervisor of Liquor Control? V'CS 22. Did you pay the former owner the total purchase price in cash? &0 If not, state in detail manger of payment? 23. Does the former owner of the business have any interest either directly or indirectly in the business for which you seek a license? N o If so, give details: 24. Give the name of any person, firm, or corporation holding any mortgage or encumbrances of any kind against the business for which you seek a license. N 0 kiL 25. State names of person, firm, or corporation that has advanced, or that will advance any money to you to purchase or operate the business for which you seek a license. 26. Does the owner, managing officer, corporation, any stockholder, or any partner have any interest directly or indirectly in any brewery, winery, distillery, rectifying or blending plant or :wholesale liquor concern either as part owner, stockholders, agent or employee or otherwise? _ 'N 0 If so, give details iV Iii 27. State the name and address of any distillery, wholesaler, winemaker, brewer, or any employee, officer or agent thereof who has, or will have any financial interest directly or indirectly, in the business for which you seek a license: ND N E 28. State the name of any distiller, wholesaler, winemaker, brewer, or any employee, officer, or agent thereof who has loaned or who will directly or indirectly, loan, give away, or furnish equipment, money, credit or property of any kind to you except ordinary commercial credit for liquors sold to you and except such articles and seryices, if any, as are permitted by the regulations of the Supervisor of Liquor Control. 29. State the name and residence of any person, firm or corporation, if any, who is interested, or who will become interested, directly or indirectly, other than hereinabove set out, in the business for which you seek a license and the nature of such interest. 1,4ONt` 30. Has any bonding company ever cancelled any bond signed by it for the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner in connection with any license issued to you by the Supervisor of Liquor Control? 31. Has any bonding company ever refused to sign any such bond for the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner? Ma 32. Is this application a subterfuge to permit any person other than yourself or the corporation to secure a license from the City of Cape Girardeau, in your name, for his benefit? 33. Please list the name(s) of any firms, partnerships, joint ventures, associations, corporations, organizations or entities of any kind in which the applicant(s) holds any stock, title, or other ownership or controlling interest and the amount of interest held in percentage amount. This should include any that are delinquent on any or all taxes, fees, or accounts owed to the City. Name Type of Ownership Interest Percentage I�leld 34. Please list the name(s) of any firms, partnerships, joint ventures, associations, corporations, organizations or entities of any kind which hold any stock, title, or other ownership or controlling interest in the applicant(s), and the amount of interest held in percentage amount. This should include any that are delinquent on any or all taxes, fees, or accounts owed to the City. Name Type of Ownership Interest Percentage Held 35. Please list the name(s) of any firms, partnerships, joint ventures, associations, corporations, organizations or entities of any kind in which any person or entity listed in your response to question number 2 holds any stock, title, or other ownership or controlling interest, and the amount of interest held in percentage amount. This should include any that are delinquent on any or all taxes, fees, or accounts owed to the City. Name Type of Ownership Interest Percentage Held 40" IF 36. Execute the appropriate acknowledgement. FOR PARTNERS OR SOLE PROPRIETORS: STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU 6-6'D A. T -(Li e W -of lawful age being first duly swom upon oaths, depose and say that (he, she) have read this application and the instructions with reference thereto and that (he, she, they) fully understand the same; that (he, she) know the contents and the statements contained therein and that the same are true. Applicant has personal knowledge of the information contained the application and has read the provisions of Article XV of Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri. ix'i2ztL i � Subscribed and sworn to me before thisday of A ao [) TRIS HOLLOWAY Notary Pubublic -Notary Seal Stata of Missouri Commissioned for Scott County G ! ( 1 MYCommissionfires: pp t3 mmlas 10 i 61 1(i , Com on a 09772465 NOTARY PUBLIC My Commission Expires LIQUOR ESTABLISHMENTACTIVITY REPORT NAME OF BUSINESS: BUSINESS ADDRESS: MANAGING OFFICER: DATE OF REVIEW: Main Street Bar 701 N. Main St. Mr. Rick Werner June 1, 2006 SUMMARY OFA CTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal history on record for Mr. Wcrner. The following incidents occurred at the above address requiring police intervention since their last approval period. Assaults — 5 incidents Indecent Exposure — 2 incidents Stealing -2 incidents Liquor Law Hours of Sale Violation — Officers arrived at 01:44 a. m. and people were on the patio of the bar consuming alcoholic beverages. The manager was issued summons for hour of liquor sale violation. Minor in Possession of alcoholic beverage and Misrepresentation of Age - Officers walked through the business and observed an underage subject consuming an alcoholic beverage. Officers checked the identification and discovered it wasfalse. Minor in possession of an alcoholic beverage — possession by consumption - Officer called to a disturbance, suspect was intoxicated and under the age of 21 yrs of age. Suspect was taken into custody. Minor in possession of an alcoholic beverage — Officers walked through the business and observed underage suspect holding an alcoholic beverage. Suspect was cited for minor in possession of an alcoholic beverage. Misrepresentation of age / Indecent Exposure — Officer observed three subjects in the parking lot of the business One subject was urinating in public. Of identified the two other subjects with the suspect. Two suspects cited for misrepresentation of age and one suspect cited for indecent exposure. Liquor Law Hour of Sale Violation- Officers patrolling at 02:00 a.m. observed subjects still in the business consuming alcoholic beverages. Subject cited for Hour of Liquor Sale Violation. CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITY REPORT NAME OF BUSINESS: Main Street Bar BUSINESS ADDRESS: 701 N. Main St. MANAGING OFFICER: Mr. Rick Werner DATE OF REVIE W.• June 1, 2007 SUAIMARY OF ACTIVITIES EFFECTING THE ESI ABLISHMENT } There is no criminal history on record for Mr. Werner. The following incidents occurred at the above address requiring police intervention since their last approval period: Minor In Possession of an Alcoholic Beverage — Officer observed a subject standing outside the bar holding a twelve ounce beer. Subject appeared to be underage. Subject was identified and was underage. The suspect was cited for Minor in Possession of an Alcoholic Beverage. Minor in Possession of an Alcoholic Beverage — Officer observed two subjects outside the bar with cups commonly used to contain an alcoholic beverage. Officer approached the subjects and they walked away from him. He located one and observed the suspect pact the cup on a table. The officer checked the cup and determined it to contain an alcoholic beverage. The subject was underage, and was cited for minor in possession of alcoholic beverage. Minor in Possession of an Alcoholic Beverage - Officers did a walk through of the bar and observed a underage subject with an alcoholic beverage. The subject was cited for minor in possession of an alcoholic beverage. Minor in Possession of an Alcoholic Beverage — Officers from the Cape Girardeau Police Dept and the Division of Liquor Control conducted an investigation in the bar and cited three underage subjects for minor inpossession ofan alcoholic beverage. Assault — Subject was leaving the bar, when he was approached by a subject he had problems with before. Victim was assaulted in the parking lot. We hada meeting with Mr. Werner to discuss the above issues. We advised Mr. Werner he should pay more attention to who his employees are allowing in the bar. He agreed and said he would take care of the problem. We have continued to monitor the business and have had no other violations at the business. CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT NAME OF BUSINESS: BUSINESS ADDRESS: MANAGING OFFICER: DATE OF REVIEW. Main Street Bar 701 N. Main St. Mr. Rick Werner May 30, 2008 SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT.' There is no criminal history on record for Mr. Werner. The following incidents occurred at the above address requiring police intervention since their last approval period: Unlawful Use of a Driver's License. Liquor Violation — Hours of Sale Violation — Officer drove by at 01: 40 a. in. and observed several vehicles on the lot. Officer went into business and observed the band to be playing and people still drinking alcoholic beverages. Owner was cited into municipal court Assault 2"`n— Victim was struck in head with beer bottle — Suspect was arrested. Assault 2"d - Large fight inside the business — Multiple victims and multiple suspects. Charges were filed on several suspects. Unlawful Use of a Weapon - Suspect got into an altercation inside the business. The altercation was taken outside. The suspect pulled a weapon and fired two shots. Assault on Law Enforcement Officer and Interfering with an Arrest - Officer observed two individuals appear to be attempting to fight. The officer confronted the individuals and while he was speaking with them an individual attempted to get into his patrol vehicle, but the doors were locked. The officer attempted to detain that individual, when the suspect stepped in front of the officer and pushed the officer. The suspect was taken into custody for Assault on Law Enforcement Officer and Interfering with an Arrest. Assault - Underage suspect was in the business holding an alcoholic beverage. Two employees confronted the suspect and the got into a scuffle with the suspect. The suspect then punched one of the employees and kicked the other employee. Assault T" - Victim and his girlfriend got into an argument with the suspect. The suspect pulled out a small knife and stabbed the victim in the bicep. CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITY REPORT NAME OF BUSINESS: BUSINESS ADDRESS: MANAGING OFFICER: DATE OF REVIEW: Main Street Bar 701 N. Main St. Mr. Rick Werner June 10, 2009 SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT.• There is no criminal history on record for Mr. Werner. The following incidents occurred at the above address requiring police intervention since their last approval period: 06-06-08 Peace Disturbance -Officers responded to a fight inside the bar involving approximately 75 people, (per the phone report). Upon arrival, the fight had ended and people were exiting the bar. No arrest made and no one wanted to press charges. 06-07-08 Warrant Arrest and False Declaration -Officers responded to a loitering complaint at the bar when patrons were slow in exiting the area. Officers recognized a wanted female who gave a false name when approached. She was arrested for the Probation Violation Warrant and False Declaration for providing an alias name. 06-13-08 Protective Custody -Officers observed a fight start as the bar was closing. Intoxicated female was taken into custody. No one wanted to press charges for the fight. 08-04-08 Assault 2"d -Male patron reported he was punched by another patron and had his jaw broken. Case is still pending, no arrest made as of yet. 09-27-08 Assault 2"d, Officer Involved Shooting -Officers observed a fight start in the street as patrons were exiting the bar. As officers moved to break up the fight, a male pulled a handgun and pointed it at a person he was fighting. Officer's commanded the person to drop the gun, but after the suspect did not follow directions and posed a threat to patrons and officer safety... the suspect was shot by an officer. Another arrest was made for assaulting a law officer during this altercation. 09-27-08 Assault 2"d -Patron from bar stated he was assaulted by approximately 7 suspects. He was hospitalized for head trauma and bleeding on the brain. Warrant applied for the arrest of a suspect. 11-02-08 Assault 2"d and Stealing -Patron in bar stated he was assaulted and injured. He also reported that his cell phone was stolen during the incident. 11-07-08 Stealing -Management reported that a metal detector wand used for checking patrons was stolen. 05-23-09 Burglary 2"d-Manageinent reported a burglary in which two bottles of liquor were stolen. MEMORANDUM Cape Girardeau Police Department Memo # 10-113 TO: SCOTT MEYER CITY MANAGER FROM: CARL KINNISON CHIEF OF POLICE DATE: SEPTEMBER 1, 2010 SUBJECT: LIQUOR LICENSE REQUEST FOR 701 N MAIN ST. During the June 21, 2010 City Council Meeting the City Council opted to take no action on a Liquor License Renewal application by business manager Mr. Ben Burch for the bar known as Margarita Mamas, 701 N Main Street. As a result, the Liquor License for Margarita Mamas was not renewed. The council's decision was primarily based on the number of incidents of violence, underage drinking, and other similar problems at that location; as well as a neighborhood petition signed by more than 40 residents in the immediate area who expressed concern over the continued operation of the bar. The residents' primary concerns focused on the violence, the noise, the litter, the parking, and the loitering by patrons of the bar. (Please refer to memo #10-75 which is attached). In addition to the issues listed above, over the past few years this specific location has become somewhat problematic as a licensed bar. Since 2005, we have consistently responded to this location more often than any other bar in the City. Prior to Margarita Mamas the location was doing business as the "Main Street Bar", operated under different management. Even then we had numerous problems with violence and underage drinking. We met with management on several occasions but the problems continued. In fact, the problems culminated in a shooting incident in 2007 where one of our officers was forced to shoot an underage individual who pulled a gun outside the bar during a fight at closing time. As a result of this incident, the owner of the bar at that time had his license revoked by the State Division of Liquor Control. (Please refer to the attached council letters for further information on previous calls for service). There is no doubt this particular location is somewhat unique from the majority of bars in the City in that it's nestled in the middle of a residential area. Most bars in the City arc in commercially zoned areas. However, the building at 701 N Main is surrounded on three sides by residential neighborhoods, with several residences less than 200 feet away (when measured from building to building). According to city ordinance, when a bar is within 200 feet of a residence, and there is a written objection signed by the owners of such residence, a 2/3 majority vote of the council is required to issue a liquor license. The wording of this ordinance implies a somewhat higher standard be considered when reviewing a liquor license for an establishment within 200 feet of a residential property. Due to the number and type of continued complaints at this location, it's clear this higher standard has not been met. Thus, absent a significant change in the dynamic of this particular neighborhood, I cannot in good conscience recommend that a liquor license be issued to anyone at this location. MEMORANDUM Cape Girardeau Police Department Memo # 10-75 TO: SCOTT MEYER CITY MANAGER FROM: CARL KINNISON]( CHIEF OF POLIC ; U� ((�� DATE: JUNE 15, 2010 SUBJECT: LIQUOR LICENSE RENEWAL FOR MARGARITA MAMAS In August, 2009, Mr. Ben Burch applied for a liquor license to open a new bar called Margarita Mamas at 701 N. Main St. This location previously housed the Main Street Bar which had experienced numerous problems with underage drinking and violence. In fact, the owner of the Main Street Bar was subject to losing his liquor license through the State due to multiple violations / infractions. Due to the previous problems at this location, I and several staff officers from the Police Department met with Mr. Burch before signing the license application. At this initial meeting Mr. Burch assured us he had the ability and means to provide a high level of security and control at the new bar. He mentioned his past experience running a bar in St Charles, Missouri, and that he knew what was required to manage the bar appropriately. He adamantly assured us we would not have any problems at the new bar. After several incidents involving underage drinking and fighting, as well as a neighborhood petition turned in to City Hall requesting the bar be declared a nuisance and shut down, Assistant Chief Roger Fields and several officers once again met with Mr. Burch to advise him of the problems we were encountering with his bar. This meeting occurred on January 14, 2010. At that time Mr. Burch was once again told he needed to pay attention to his patrons both inside and outside his bar. He was told to closely monitor the age of people coming into his bar, and to make sure he monitored the floor of his bar to prevent underage consumption. Mr. Burch was made aware if the problems continued he would be subject to losing his liquor license at the State and Municipal level. Again, he told us he would monitor his bar and make sure the problems we mentioned were addressed. After another series of incidents involving underage consumption and noise, we met with Mr. Burch and his attorney again on March 29, 2010. We told Mr. Burch we were still encountering intoxicated minors within the community who told us they were drinking at Margarita Mamas. We suggested Mr. Burch stop allowing minors into his bar (it's legal for persons 18 and older to enter a bar). At that time he_told_ushe_cauldnot_afford_to_do_this. Regaid-a-signifrcantpercentage_of_hissncome was -based on cover charges collected at the door, and that many of those cover charges were paid by persons between the ages of 18 and 21. He was once again provided with information we had concerning specific incidents where minors informed us they were drinking inside his bar. He was again told he needed to better manage his bar and to stop allowing minors to consume alcohol inside, or face the risk of license suspension or revocation. Again, he agreed to do so. About 4 weeks ago, Mr. Burch applied for another liquor license to open a bar at 36 N. Spanish called the "Drunken Monkey." Due to the number of incidents at Margarita Mamas, I was uncomfortable signing this new application. Shortly after his application for a new license, he submitted his renewal license application for Margarita Mamas, and again I was hesitant to sign off on the application. Most recently, Mr. Burch has applied for another liquor license to take over the Independence Place Bar. While I was holding Mr. Burch's applications and continuing to investigate some of the previous complaints at his bar, there have been 4 additional incidents at Margarita Mamas which suggest Mr. Burch has not been able to prevent underage consumption and / or violence at his bar. After meeting with City Manager Scott Meyer and City Attorney Eric Cunningham, a decision was made to recommend that Mr. Burch's application for a liquor license renewal for Margarita Mamas be denied, and to also recommend that his two new applications (for the Drunken Monkey and the Independence Place) be denied as well. Listed below are a number of incidents in chronological order which required a police officer response to Margarita Mamas since December, 2009. Included in this list is the neighborhood petition requesting the City close the bar due to the noise, fights, litter, and parking problems. • On 12/07/09 at about 1:10 AM, an officer on foot patrol in the area of Margarita Mamas was alerted to a disturbance on the rear parking lot. While walking to the area the officer saw a 19 year old male arguing and yelling with several people. The officer also observed the male shove one of the members of security staff at Margarita Mamas. Both the suspect and employee went to the ground and they continued to struggle. While trying to restore order and arrest the offender, the 19 year old male assaulted the officer by kicking him in the head. The officer was kicked several times while trying to take the 19 year old into custody. Officers described the 19 year old to be extremely intoxicated. It appeared he had been inside the bar. On 01/09/10 at about 1:20 AM, while an officer was standing in the area of Margarita Mamas, he observed a vehicle back into another vehicle on back lot of Margarita Mamas and then leave the scene of the accident. The officer followed the vehicle and stopped it a few blocks away from the bar. The driver, a 17 year old female, was ultimately arrested for DWI, leaving the scene of an accident, and minor in possession of alcohol (the officer found an open bottle of rum, and 9 unopened cans of beer in her car). In addition to the driver, there was another 17 year old female who was also arrested for minor in possession by consumption. Both 17 year olds had been inside Margarita Mamas and indicated they drank inside the bar. • On 01/09/10, while an officer was on foot patrol near Margarita Mamas the officer was told of a fight inside. Upon entering it was discovered that at least two girls got into a fight and members of security staff escorted them out of the bar. Two male patrons questioned the expulsion, and ultimately were involved in a physical altercation with security staff. One of the males involved in the fight was 20 years old and was described as "heavily intoxicated." The tether -male -was o- e e-age_of_21_BothsverP n"PetPJ for assault. On 01/11/09, residents in the area of Margarita Mamas presented a petition to City Hall asking the bar to be shut down as a nuisance. Forty-one people representing 18 different residences in the neighborhood signed the petition. The primary complaints from the petitioners were noise, trash, crowds of unruly people, fighting, and improper parking. • On 03/06/10 at about 12:15 AM, the aunt of a 15 year old girl called the station commander and told him that her niece had been allowed to enter and remain at Margarita Mamas earlier that evening. The Aunt told the officer she did not believe her niece drank alcohol, but just wanted us to know that she was allowed to enter and remain in the bar. She also told the officer her niece told her she was admitted by a male working the door, and that he did not check for her ID. • On 03/07/10 at about 4:30 AM, officers responded to a burglary in progress at 801 N Henderson. At that location it was determined that an unknown 19 year old male unlawfully entered this residence and ransacked the interior. The suspect then passed out in the bedroom. While questioning the suspect at police headquarters, the 19 year old told the officer he had been drinking at Margarita Mamas most of the previous night. A breathalyzer test revealed his blood alcohol content to be 0.280% (more than 3 times greater than the legal limit for intoxication). • On 03/11/10 at about 2:30 AM, an officer responded to the Huddle House to check the welfare of a 20 year old male. The 20 year old was accompanied by a 25 year old male who told the officer that he and the 20 year old had been at Margarita Mamas earlier that evening, where the 20 year old was drinking pretty heavily. He also told the officer that no one at Margarita Mamas was checking ID's, or for bracelets indicating the patron was over 21. He further told the officer that he was the designated driver, and was concerned for the safety of the 20 year old. The 20 year old had thrown up several times and was currently in an unconscious state. The 20 year old was ultimately transported to the hospital by Cape County Private Ambulance. I recently spoke to the 20 year old male and he advised me that he was not carded upon entering the bar, and that he bought the drinks directly from the bartender. • On 03/27/10 at about 1:15 AM, while officers were walking foot patrol in the area of Margarita Mamas, an adult over the age of 21 who had been drinking inside Margarita Mamas was arrested for noise disturbance. The person left the bar and was yelling and screaming at bystanders. He was described as being very intoxicated. • On 05/22/10 at about midnight, while an officer was patrolling the area of Margarita Mamas, the officer stopped to investigate two persons yelling and screaming. The two suspects fled on foot and after a brief foot chase the officer arrested a 19 year old and a 20 year old for noise violations. Both admitted, and provided written statements, that they had been drinking inside Margarita Mamas earlier that evening. Both stated that while they did not directly buy alcohol, they received it from others (persons 21 or older) who had purchased it from the bartender. They went on to say that there were a half dozen or more minors they knew inside the bar at the time, and that all were drinking in the same manner. They also said members of security staff would walk by but never check for bracelets (bracelets are used to identify those patrons over the age of 21). • On 06/06/10 at about 1:26 AM, officers responded to 1241 Brenda Kay Court in reference to an assault. While investigating this assault, it was learned that two of the females involved in the assault were also involved in an assault at Margarita Mamas earlier that evening. Three females, all 20 years old, were involved in a fight where one of the 20 year old females struck another in the head with a beer bottle while on the dance floor at Margarita Mamas. o On 06/11/10, an officer responded to Margarita Mamas for a fight in progress. Upon arrival the fight had concluded and peace had been restored at the bar. The officer contacted two persons "ho had been involved in the altercation, neither of which wanted to pursue criminal action. \� hiie tlie officer was at the bar, he began checking ID's of the patrons inside. He soon found a male under the age of 21 who had been drinking. The male told the officer he bought the beer directly from the bartender, and ultimately identified the bartender that sold him the alcohol. The officer cited the bartender for supplying liquor to a minor, and the minor for possession of alcohol by consumption. On 06/13/10 at about 1:15 AM, an officer patrolling the area of Margarita Mamas heard what he believed to be a gunshot from behind the business. When he responded to this location he noticed a large group of people in the street, and several females yelling and shoving each other. Additional officers responded and while dispersing the crowd, two 18 year old males started fighting. Both were arrested for peace disturbance. While dispersing the crowd, officers heard the occupants of a vehicle leaving the area yelling threats to the crowd. An officer located and stopped that vehicle about 30 minutes later and found a loaded handgun under the driver's seat, and in the trunk located a fully loaded SKS semi -auto rifle with a 29 rounds of ammunition. Petition Relating to Margarita Mama's Received in the City Manager's Office 1/11/09 Delivered by Richard Niswonger and Eric Probst 107 Mill Street Brenda Pledger 107 Mill Street Jerry Pledger 109 Mill Street Sirena Bridwell 109 Mill Street. Randy Kilburn 109 Mill Street Megan Kilburn 200 Mason Street Calvin Rigny 631 North Main Brooke Aspey 631 North Main Brad Ridfing 701 North Main David McClanahan 540 North Spanish Billie Jo Smith 600 North Spanish Donna Chavez 600 North Spanish Irwin Harris 623 North Spanish Michael G. Hanebrink 623 North Spanish Michael W. Hanebrink 701 North Spanish Misty Schlotzhauer 701 North Spanish Eric Probst 701 North Spanish Janie Probst 710 North Spanish Patrick kaulf... 710 North Spanish Mike Kilburn 710 North Spanish David Kilburn 710 North Spanish Lillie Kilburn 713 North Spanish Clyde Layton 721 North Spanish Summer Sheren 727 North Spanish Richard Niswanger 727 North Spanish Judy Niswanger 727 North Spanish Gerald Amos 805 North Spanish Crystal Wilkins 810 North Spanish Lillian Kaempfer 827 North Spanish Earnest Carl Petty III 827 North Spanish Alfie Nunnaly 130 Pearl 93 Teddy Jones 130 Pearl 91 Loretta Jones 202 Pearl Charles Youngerman 202 Pearl Nettie Brown 202 Pearl Nettie Youngerman 102 -Pearl chuck-Youngerman 617 North Lorimier Billy Bierschwal 617 North Lorimier Tracie Bierschwal Ericka Thiele Dale Hanebrink Carol Allbritton bf�,v f ri l� Pt+j ion �()V" ktr5&1) (mama's. �jiiii(Yl iJ CiCresS �t4- �Stc<C.i �rorn r%lurlarit�. YY�urna;S� fbu,- �Lu0.5 lb'(CpKS C>.,.+ trn 4+h2- Pa-rkin� 10t. 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Paarl.3t - 627 625 215 215 31 700 / 731 730 715 j 61/ i 1 � 727/ 615 7 i n2 6 t 1 (((� 713 f7 t 71 C� 705 I 232 ]05 iiia 71170 !/ no Mrll St 626 / 301� I 23t 233 r)Y[1 623 - N 519 i J f I / 613 ----1 700 / 6,3 1 eo5 ! f / f- -- -� 110, � r' 'i 605 60-, _._ 545 O6 t` •i _____--J / "0 s43 f 208 � 428 r Agenda: September 7, 2010 Staff: John Richbourg, Finance Director SUBJECT Semiannual Summary of the Transportation Trust II Fund EXECUTIVE SUMMARY The attached Exhibits A and B reflect the Transportation Trust II Fund's activity through June 30, 2010 from its inception in January 1, 2001. These exhibits, combined with the comments below, comprise the Summary of the Transportation Trust II Fund report for the period ended June 30, 2010. All projects that were anticipated to be completed through this fund have essentially been completed. Based on projected revenues and expected remaining costs, it is anticipated that the Transportation Trust II Fund will have enough extra revenue to allow it to transfer $760,000.00 to the Transportation Trust III Fund. BACKGROUND/DISCUSSION Exhibit A is divided into three sections. The top section shows actual expenditures, unexpended encumbrances (contracts entered into), and total committed expenditures for each trust fund project since the inception of the trust fund. The middle section shows all open contracts by contractor. The last section gives actual and projected revenue and expense information for the trust fund. Significant data from Exhibit A show that the fund had committed to $23,168,339.57 in project expenditures and transfers and had a current fund balance of $47,699.76. As of June 30, 2010 projected total revenues were $23,337,481.00. Revenue projections assumed continued interest earnings on unexpended cash balances at current rates and a total estimated $455,736.58 in special assessment tax bills. Exhibit B is a summary of committed and projected costs for each trust find project. This summary shows the total current estimated costs being adjusted to reflect the latest engineering department cost estimates. Current estimated costs include the transfer of remaining funds from the Transportation Trust II Fund to Transportation Trust III Fund. ATTACHMENTS Exhibit A — Summary of Transportation Sales Tax Trust II Fund Exhibit B — Summary of Committed and Projected Costs — Transportation Sales Tax Trust II Fund Exhibit"A" Summary Transportation Sales Tax Trust II Fund January 1, 2001 through June 30, 2010 TRANSPORTATION TRUST PROJECTS IN PRIORITY ORDER EXISTING STREET PAVING PROGRAM STREETICURBIGUTTER REPAIR SIDEWALK REPAIR AND RECONSTRUCTION NEW SIDEWALK CONSTRUCTION UPDATEDW EW STREET LIGHTS SILVER SPRINGS -MOUNT AUBURN TO KINGSHIGHWAY SIEMERS DR. WIDENING WITH TRAFFIC SIGNALS - WILLIAM TO BLOOMFIELD SILVER SPRINGS -SHAWNEE PARKWAY TO MOUNT AUBURN BLOOMFIELD ROADSIEMERS TO STONEBRIDGE (INCLUDING RAMSEY BRANCH BRIDGE) INDEPENDENCE WIDENING-KINGSHIGHWAY TO PACIFIC BROADWAY WIDENING AND IMPROVEMENT - PERRY AVENUE TO HOUCK PLACE MOUNT AUBURN WIDENING AND IMPROVEMENT - WILLIAM STREET TO BLOOMFIELD ROAD INDEPENDENCE GENERAL IMPROVEMENTS- SPRIGG TO WATER CONTINGENCY AMOUNT TRANSFER TO TTF III OTHER TOTALS INCLUDING MOTOR FUEL TAX FUNDING LESS MOTOR FUEL TAX FUNDING TOTAL TRANSPORTATION SALES TAX FUNDING FRONABARGER CONCRETERS INC AMEREN FRONABARGER CONCRETERS INC TOTAL Revenue and Exnenee Stm Sales tax available Grant revenue Interest Motor Fuel Tax Special Assessments Total Revenue Expenditures Excess Revenue ACTUAL OPEN TOTAL EXPENDITURES ENCUMBRANCES COMMITTED 3,261,565.84 0.00 3,261,565.84 1,810,552.18 0.00 1,810,552.18 205,368.65 0.00 205,368.65 618,625.77 0.00 618,625.77 1,306,832.96 0.00 1,306,832.96 2,026,208.15 0.00 2,026,208.15 1,401,949.87 0.00 1,401,949.87 548,944.47 0.00 548,944.47 1,894,484.20 0.00 1,894,484.20 5,191,980.49 133,851.36 5,325,831.85 2,539,197.71 0.00 2,539,197.71 1,174,865.12 0.00 1,174,865.12 406,051.22 45,975.50 452,026.72 0.00 0.00 0.00 598,000.00 0.00 598,000.00 3,886.08 0.00 3,886.08 22,988,512.71 179,826.86 23,168,339.57 0.00 0.00 179,826.86 179,826.86 Currant 1/1/01 - 6/30/10 Total Projection 19,087,D53.03 19,087,053.03 810,476.98 810,476.98 1,912,145.64 1,924,214.41 1,060,D00.00 1,060,000.00 346,363.68 455,736.58 23,216,039.33 23,337,481.00 23,168,339.57 23,337,481.00 47,699.76 0.00 Exhibit "B" Summary of Committed and Projected Costs - Transportation Sales Tax Trust II Fund January 1, 2001 through June 30, 2010 TRANSPORTATION TRUST PROJECTS IN PRIORITY ORDER EXISTING STREET PAVING PROGRAM STREETICU RBIG UTTER REPAIR SIDEWALK REPAIR AND RECONSTRUCTION NEW SIDEWALK CONSTRUCTION UPDATED\NEW STREET LIGHTS SILVER SPRINGS -MOUNT AUBURN TO KINGSHIGHWAY SIEMERS DR. WIDENING WITH TRAFFIC SIGNALS - WILLIAM TO BLOOMFIELD SILVER SPRINGS. -SHAWNEE PARKWAY TO MOUNT AUBURN BLOOMFIELD ROAD-SIEMERS TO STONEBRIDGE (INCLUDING RAMSEY BRANCH BRIDGE) INDEPENDENCE WIDEN ING-KINGSHIGHWAY TO PACIFIC BROADWAY WIDENING AND IMPROVEMENT - PERRY AVENUE TO HOUCK PLACE MOUNT AUBURN WIDENING AND IMPROVEMENT - WILLIAM STREET TO BLOOMFIELD ROAD INDEPENDENCE GENERAL IMPROVEMENTS- SPRIGG TO WATER CONTINGENCY AMOUNT TRANSFER TO TTF III OTHER TOTALS INCLUDING MOTOR FUEL TAX FUNDING LESS MOTOR FUEL TAX FUNDING TOTAL TRANSPORTATION SALES TAX FUNDING ORIGINAL 455,000.00 CURRENT 2,973.28 COMMITTED PROJECTED 0.00 ESTIMATED 0.00 ESTIMATED 598,000.00 THROUGH REMAINING AT 3,886.08 COSTS 0.00 COSTS 06/30/10 06/30/10 3,250,000.00 3,261,565.84 3,261,565.84 0.00 1,875,000.00 1,810,552.18 1,810,552.18 0.00 500,000.00 205,368.65 205,368.65 0.00 150,000.00 618,625.77 618,625.77 0.00 1,500,000.00 1,306,832.96 1,306,632.96 0.00 1,022,000.00 2,026,208.15 2,026,208.15 0.00 1,561,000.00 1,401,949.87 1,401,949.87 0.00 1,088,000.00 548,944.47 548,944.47 0.00 2,226,000.00 1,894,484.20 1,894,484.20 0.00 2,107,000.00 5,330,000.00 5,325,831.85 4,168.15 1,957,000.00 2,539,197.71 2,539,197.71 0.00 1,117,000.00 1,174,865.12 1,174,865.12 0.00 327,000.00 455,000.00 452,026.72 2,973.28 2,981,514.00 0.00 0.00 0.00 0.00 760,000.00 598,000.00 162,000.00 0.00 3,886.08 3,886.08 0.00 21,663,514.00 23,337,481.00 23,168,339.57 169,141.43 1,000,000.00 1,060,000.00 1,060,000.00 0.00 20,663,514.00 22,277,481.00 22,108,339.57 169,141.43 P Agenda: September 7, 2010 Staff: John Richbourg Finance Director ECT Semiannual Summary of the Transportation Trust III Fund EXECUTIVE SUMMARY The attached Exhibits A and B reflect the Transportation Trust III Fund's activity through June 30, 2010 from its inception in January 1, 2006. These exhibits, combined with the comments below, comprise the Summary of the Transportation Trust III Fund report for the period ended June 30, 2010. Funding appears to be adequate to complete all projects that were anticipated to be completed through this fund. BACKGROUND/DISCUSSION Exhibit A is divided into three sections. The top section shows actual expenditures, unexpended encumbrances (contracts entered into), and total committed expenditures for each trust fund project since the inception of the trust fund. The middle section shows all open contracts by contractor. The last section gives actual and projected revenue and expense information for the trust fund. Significant data from Exhibit A show that the fund had committed to $20,181,829.19 in project expenditures and had a current fund balance of $736,747.55. As of June 30, 2010 projected total revenues were $25,259,168.47. Revenue projections assumed no annual growth in future sales tax collections, $100,953.10 in interest earnings on unexpended cash balances through the completion of all remaining projects, $996,032 in grant revenues associated with the Fountain Street project, $760,000.00 in excess funds from the Transportation Trust II Fund and transfers of $1,765,000 from the Motor Fuel Tax Fund, Exhibit B is a summary of committed and projected costs for each trust fund project. This summary shows the total current estimated costs being adjusted to reflect the latest engineering department cost estimates. A contingency amount of $1,146.09 remains to cover future revenue shortfalls or unprojected expenses. ATTACHMENTS Exhibit A — Summary of Transportation Sales Tax Trust III Fund Exhibit B — Summary of Committed and Projected Costs — Transportation Sales Tax Trust III Fund Exhibit "A' Summary Transportation Sales Tax Trust III Fund January 1, 2006 through June 30, 2010 TRANSPORTATION TRUST PROJECTS IN PRIORITY ORDER EXISTING STREET PAVING PROGRAM STREETICURBIGUTTER REPAIR SIDEWALK REPAIRAND CONSTRUCTION MOUNT AUBURN - INDEPENDENCETO KINGSHIGHWAY BLOOMFIELD ROAD-STONEBRIDGE TO BENTON HILL ROAD (INCLUDING BENTON HILL ROAD INTERSECTION) RAMSET BRANCH KUAU - 51EMERS DRIVE AT ARMSTRONG DRIVE TO ROUTE K SPRIGG STREET - SHAWNEE PARKWAY TO WILLIAM BEND ROAD - MASON STREET - MAIN STREET, MILL STREET TO CAPE ROCK DRIVE VANTAGE DRIVE - KINGSHIGH WAY TO SCENIC DRIVE KINGSHIGH WAY - CAPE ROCK - BROADVIEW - MARIA LOUISE INTERESECTIONS LASALLE AVENUE -1.66 AT NEW CAPE JACKSON INTERCHANGE TO ROUTE W FOUNTAIN STREET - MORGAN OAK TO WILLIAM CONTINGENCY AMOUNT OTHER TOTALS INCLUDING MOTOR FUEL TAX FUNDING LESS MOTOR FUEL TAX FUNDING TOTAL TRANSPORTATION SALES TAX FUNDING [xn F rpLE' 6 n FRONABARGER CONCRETERS INC. CRAWFORD, BUNTS, BRAMMEIER NIP KELLEY EQUIPMENT COMPANY INC SMITH AND COMPANY LAPPEE CEMENT - KOEHLER ENGINEERING AND SURVEYING BOWEN ENGINEERING AND SURVEYING ACTUAL 4,471,861.59 OPEN TOTAL EXPENDITURES ENCUMBRANCES . 1/1/06 - 06/3D/10 COMMITTED 2,476,980.92 0.00 0.00 0.00 2,476,980.92 0.00 1,460,093.73 0.00 0.00 0.00 1,460,093.73 0.00 648,041,46 Interest 0.00 1,035,000.00 646,041.46 Donations 3,158,731.07 23,136.47 379,012.99 Motor Fuel Tax 3,536,544.06 1,765,000.00 102,977.63 Transfer of Excess Funds from TTF 11 26,982.60 760, 000.00 129,960.23 Special Assessments 299,477.35 0.00 9,110.00 Total Revenue 308,587.35 25,259,168.47 1,000.00 0.00 1,000.00 494,784.56 1,908,171.89 2,402,956.45 950,800.11 1,100,412.88 2,051,212.99 0.00 0.00 0.00 5,647,703.98 4,471,861.59 0.00 5,647,703.96 469,376.79 1,047,371.23 . 1/1/06 - 06/3D/10 1,516,748.02 0.00 0.00 0.00 18,205,216.07 0.00 0.00 93,177.30 0.00 15,709,967.60 4,471,861.59 20,181,829.19 1,100,245.93 9,110.00 2,897,543.12 58,000.00 379,812.99 26,982.60 166.95 TOTAL 4,471,861.59 Current . 1/1/06 - 06/3D/10 Total Projection R� S Sales tax available 18,205,216.07 20,680,000.00 Grant revenue 93,177.30 996,032.00 Interest 934,046.90 1,035,000.00 Donations 23,136.47 23,136.47 Motor Fuel Tax 1,065,000.00 1,765,000.00 Transfer of Excess Funds from TTF 11 598 ' 000.00 760, 000.00 Special Assessments 0.00 0.00 Total Revenue 20,918,576.74 25,259,168.47 Expenditures 20,1B1,829.19 25,259,168.47 Excess Revenue 736,747.55 0.00 Exhibit "8" Summary d Committed and Projected Costs - Transportation Sales Tax Trust III Fund January 1, 2006 through June 30, 2010 TRANSPORTATION TRUST PROJECTS IN PRIORITY ORDER EXISTING STREET PAVING PROGRAM STREET\CURBIGUTTER REPAIR SIDEWALK REPAIR AND CONSTRUCTION MOUNT AUBURN - INDEPENDENCE TO KINGSHIGHWAY BLOOMFIELD ROAD - STONEBRIDGE TOBENTON HILL ROAD (INCLUDING BENTON HILL ROAD INTERSECTION) RAMSEY BRANCH ROAD - SIEMER5 DRIVE AT ARMSTRONG DRIVE TO ROUTE K SPRIGG STREET - SHAWNEE PARKWAY TO WILLIAM BEND ROAD - MASON STREET - MAIN STREET, MILL STREET TO CAPE ROCK DRIVE VANTAGE DRIVE - KINGSHIGHWAY TO SCENIC DRIVE KINGSHIGHWAY - CAPE ROCK - BROADVIEW - MARIA.LOUISE INTERESECTIONS LASALLE AVENUE -1-55 AT NEW CAPE JACKSON INTERCHANGE TO ROUTE W FOUNTAIN STREET - MORGAN OAK TO WILLIAM CONTINGENCY AMOUNT OTHER TOTALS INCLUDING MOTOR FUEL TAX.FUNDING LESS MOTOR FUEL TAX FUNDING ORIGINAL ESTIMATED COSTS 4,015,000.00 1,875,000.00 750,000.00 1,699,00C.00 1,089,000.00 1,900,000.00 315,000.00 1,906,000.00 892,000.00 693,000.00 3,127,000.00 300,000.00 2,792,000.00 0.00 21,353,000.00 1,015,000.00 CURRENT COMMITTED ESTIMATED THROUGH COSTS 06/30/10 2,476,980.92 2,476,980.92 .1,465,000.00 1,460,093.73 648,041.46 648,041.46 3,545,000.00 3,538,544.06 1,470,000.00 129,960.23 3,264,000.00 308,587.35 1,000.00 1,000.00 2,860,000.00 2,402,956.45 2,179,000.00 2,051,212.99 51650,000.00 1,679,000.00 1,146.09 0.00 25,259,166.47 1,765,000.00 5,647,703.98 1, 516, 748.02 0.00 0.00 20,_81,829.19 0.00 PROJECTED REMAINING AT 06/30/10 0.00 4,906.27 0.00 6,455.94 1,340,039.77 2,975,412.65 0.00 457,043.55 127,787.01 0.00 2,296.02 162,251.98 1,146.09 0.00 5,077,339.28 1,765,000.00 TOTAL TRANSPORTATION SALES TAX FUNDING 20,338,000.00 23,494,168.47 20,181,829.19 3,312,339.28 Agenda: September 7, 2010 Staff: Gayle Conrad, City Clerk Appointment of one member to the Board of Examiners for a term expiring January 1, 2011, and one member for a term expiring January 1, 2013. EXECUTIVE SUMMARY Mr. Aaron Altenthal has submitted his resignation from the Board of Examiners. He will be moving outside the limits of Cape Girardeau City and County and will no longer be eligible to serve on the Board. He was serving a term set to expire January 1, 2011. In addition, there is one other vacancy on the board for a term expiring January 1, 2013. At the present time, there are no qualified applications on file. BACKGROUND/DISCUSSION Members of the Board of Examiners serve three year terms, appointed by the City Council. Two of the eight members may be residents of Cape Girardeau County as long as they hold a valid trades license. Four of the eight members must have at least six years practical experience in one of the construction trades and be licensed in and actually engaged in working at their construction trade at the time of appointment. These four members must include not more than one of each of the following: plumber, mechanical installer, electrician, construction contractor, master drainlayer and plumbing fixture installer. Three members must be licensed as either a plumber, an electrician, a mechanical installer, a construction contractor, a master drainlayer or a plumbing fixture installer and must be actually engaged in working at their trade at the time of their appointment. One member need not be a licensed practitioner of the construction trades. GENERAL DIRECTION SOUGHT/SPECIFIC QUESTIONS TO BE ANSWERED The two vacant positions require individuals that are licensed. These positions will continue to be advertised on the city's public access channel, and staff will continue to actively recruit individuals to fill this position. Once qualified applications are received, they will be submitted to the City Council for consideration. ATTACHMENTS • Board of Examiners Roster • Resignation letter CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees August 2, 2010 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Board of Examiners Date Appointed Date Reappointed Term Expires Aaron Altenthal (plumber/meth. Install)November 16, 2009 --- January 1, 2011 Stanley Wicks (electrician) December21, 1998 12/17/01;1/18/05; 12/17/07 January 1, 2011 George Rerltzel (construction/electrician) June 21, 1999 6/17/02; 6/20/05; 6/4/07 July 1, 2011 7/1/08 Danny E. Stitz (plumber/mech install.) July 21, 1997 12/20/99; 12/16/02; January 1, 2012 12/19/05; 12/15/08 Marc Wicks (at large) September 18, 2006 7/7/08?; 12/15/08 January 1, 2012 Vacant (Jansen) --- --- January 1, 2013 Tim Pinkley*, Chairman February 20, 2007 --- January I, 2013 (plumber/meth install.) Dennis Coomer* (plumber/meth. install) February 20, 2007 --- January I, 2013 const./ electrician) Serve three yearterms, appointed by Council. "two of the 8 members may be residents of Cape Girardeau County as long as they hold a valid trades license. pour of the 8 members must have at least years practical experience in I of the construction des and be licensed in and actually engaged in working at their construction tracb at the time of appointment. These four 'aembers must include not more than one of each of the following: plumber, mechanical installer, electrician, construction contractor, master drainlayer and plumbing fixture installer. Three members must be licensed as either a plumber, an electrician, a mechanical installer, a construction contractor, a master drainlayer or a plumbing fixture installerand must be actually engaged in working at their trade at the time of their appointment One member need not be a licensed practitionerof the construction trades. Two members may be residents of Cape County. Meetings held first Wednesday at 7:00 p.m. in Council Chambers. Board considers applicationsfor building trades licenses. Staff contact—Tim Morgan, Inspection Sery ices Director. 339-6328. I f I i� % lar4T r7' GJ�1.�- t3� RE52'GNItiG Fi2om f�v� �s-r ,i 1 sT ,20./G� . <�ir, i �,9a2o,✓ �, v%1 T,�,v � y.,QL Agenda: September 7, 2010 Staff: Gayle Conrad, City Clerk SUBJECT Appointment of three alternate members to the Board of Adjustment for terms expiring September 4, 2015. EXECUTIVE SUMMARY Three terms on the Board of Adjustment are set to expire September 4, 2010. These alternate member positions are presently held by Mr. David Hinton, Mr. James Matchell and Mr. Edward Hart. Mr. Hinton and Mr. Matchell have expressed interest in being reappointed to the board, and their advisory board summary sheets are attached. Mr. Hart is no longer eligible to serve on the board due to term limits. Attached is a roster for the board as well as the attendance records for the last year. BACKGROUND/DISCUSSION According to Section 30-61 of the City Code, "The Board shall consist of five members who shall be freeholders and residents of the city, appointed by the mayor and approved by the city council... Three alternate members may be appointed to serve in the absence of, or the disqualification of, the regular members. " Board members serve a five year term. Ms. Krisinda Cook and Mr. Timothy Lee have expressed in serving on the board, and their board applications are attached. GENERAL DIRECTION SOUGHT/SPECIFIC QUESTIONS TO BE ANSWERED Three alternate member appointments to the Board of Adjustment for terms expiring September 4, 2015, will appear on your next agenda for consideration. ATTACHMENTS • Board of Adjustment Roster • Board of Adjustment Attendance • Advisory Board applications CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees August 2, 2010 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission David Hinton (alternate) Edward Hart (alternate) James Matchell (alternate) Larry Caldwell William Whitlock Daniel E. Little, Chairman Timothy Kelley Mark Buerck effective with terms commencing January 8, 1996. Board ofAt/justment Date Appointed September, 1990 January 22, 2002 January 19, 2010 June 6, 2005 alternate 9/4/07 full member December 4, 2003 February 17, 1993 April 21, 2008 alternate January 19, 2010 fu 11 6/95 alt; 1/22/02 Date Reappointed Term Expires 9/5/95; 10/9/00; 8/15/05 September 4, 2010 8/15/05 September 4, 2010 --- September 4, 2010 8/15/05 March 6, 2011 February 20, 2007 March 6, 2012 2/17/98; 2/19/03; 2/19/08 March 6, 2013 --- March 6, 2014 2/22/05; 3/1/10 March 6, 2015 Serve five year terms, appointed by Mayor, approved by Council. Meetings held first Thursday at 7:00 p.m. in the Council ambers. Board considers requests for variances from the Zoning Ordinance provisions. Staff contact—Tim Morgan, .aspection Services Director339-6328. BOARD OF ADJUSTMENT Attendance Record Ordinance effective 4/13/00 X or P = present, A = absent 2009 , Jan Feb 8 5 Mar 5 Apr 2 _ May Jun I 4 Jul 2 Aug Sep • • Buerck, Mark P P � =00 N Q M E E T N G ®vvvvv�������� N Q MM E E T N G N C:) E E T N G P N Q M E E T I N G N Q M E E T I N G A P P Caldwell, Larry P P P A P P Peo, George A A Little, Daniel P P A A passed away 10/, 10/09/09 10/17/09 P P I P Whitlock, Wlilam P P E P P P P Alternates: 2009 , Jan Feb 8 5 Mar 5 Apr 2 _ May Jun I 4 Jul 2 Aug Sep I Oct 1 Nov Dec 1st 2nd 3rd termi- 5 3 letter letter letter nated Buerck, Mark P P N Q M E N Q M E E T N G N Q MM E E T N G N C:) E E T N G P N Q M E E T I N G N Q M E E T I N G A P P Caldwell, Larry P P P A P P Peo, George A A Little, Daniel P P A A passed away 10/, 10/09/09 10/17/09 P P I P Whitlock, Wlilam P P E P P P P Alternates: T N 1 11 Hart, Edward P P P P P P Hinton, David P P A P P Kelle Tim P P G " P P A P Kr- LI`✓LLi ';' 1 2009 CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY �� c✓K- 3��/- 8Y Fly Name //9�-)�s A /9'1.4k -X6/1 Telephone: Day ,tell- &37- J/`/o Home Address -160 (o Evening 3 3 S- 3'1SS- E-mailAddress _T/-MfF7�-Ai 63701 Year Current Residence in Cape Girardeau Began Current Employer and Position Previous Employers and Positions In which Board(s)nnare you interested? ��reo/ o{9d�r S�/r FnJ7��yt//n�4//f ZoN(N� �'r.�vrr/SSfGNj �'FlS7F.£fCA�/`iPE,��'U�OnI COr / �rSS/ONS /f/L'�S �l-.c�s'Q' �a.✓AA,/so,e� ,(3oA,ed Special Qualifications for specific board(s) (include past board service) -<�' f S'T /rJ !JF .-✓� Sire n � / r/y �.✓ � a��� �N / Y -Y i7J.A�/.a z£ �� S zl /zk % - <».a�£ Sou.✓ d r'/E � / S /a ✓ 9 �+� 4oc � �c�,.Y,o.� �F'�uSF Educational Background 11,�!/, C Cg" -1 1, / A2- a&g5e Community Activities (Include offices held and committee service) ev z!kA/f1/rNFN7L Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly _,X_ Anytime B. Morning Noon Afternoon Evening.—Anytime Would you like to receive news from the City via e-mail? Rr- Yes ❑ No Would you like to attend a City Council Study Session when your application comes before the Council for consideration? N Yes ❑ No By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed Date%� // O `7 Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Bos 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name Telephone: Day Home Address Evening;: E-mail Address Year Current Residence in Cape Girardeau Began ri �Qr%T Current Employer and Position Previous Employers and Positions /uo ?t.-orlA ! In which Board(s) are you interested? LIA i u S "! �jd Special Qualifications for specific board(s) (include past board service) Educational Background IJ-; j k ���oo ) �1•rre.� .,}. Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly _,V_ Anytime B. Morning Noon Afternoon Evening --Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. i N Peo 4 Vzze--v Date V Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Agenda: September 4, 2010 Staff: Gayle Conrad, City Clerk SUBJECT Appointment of one member to the Girardeau Goes Green Advisory Board for a term expiring July 1, 2012. EXECUTIVE SUMMARY Ms. Ellen Dillon has submitted her letter of resignation form the Girardeau Goes Green Advisory Board. She was serving a term set to expire July 1, 2012. In addition, there is presently an ex -officio position that is vacant due to the prior resignation of Kathleen Conway. The following individuals have expressed interest in serving on the Girardeau Goes Green Advisory Board, and their advisory board summary sheets are attached for your review. Sam Blackwell Timothy Lee Tom Davisson Paul Pfeiffer Kimberly Dodson -Proffer Bruce Skinner Adam Gohn Tom Tipton Susan Ashley Ingram Drew Wright Marcus Janzow BACKGROUND/DISCUSSION In April of 2009, the City Council adopted an ordinance creating the Girardeau Goes Green Advisory Board. The purpose of this board is to develop cost effective recommendations for how the Cape Girardeau City Government can: 1. Reduce energy consumption 2. Improve energy use efficiency 3. Reduce the City's environmental impact 4. Participate in environmental projects 5. Enhance its sustainability 6. Serve as a role model by providing education information to the community As stated in the ordinance, the Council shall make every effort to appoint persons with a demonstrated interest in promoting environmental sustainability in City operations. To the extent available, the Board shall include professional members representing such disciplines as environmental science, engineering, resource management, transportation, public works, recreation, facilities management, construction, or any other field related to environmental science. In addition, every voting member of the advisory board must be a resident of the City of Cape Girardeau. However, if the city council makes a finding that special expertise is required, up to two (2) additional ex -officio members who are residents of Cape Girardeau County may also be appointed. STAFF RECOMMENDATION Staff recommends that one appointment be made to the Girardeau Goes Green Advisory Board for a term expiring July 1, 2012. BOARD OR COMMISSION RECOMMENDATION After review of the current applicants and based on current involvement, the board recommended Marcus Janzow for the open position. ATTACHMENTS • Advisory Board member roster • Advisory Board summary sheets CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name: KRISINDA L COOK Telephone: Day: 573-334-5333 Home Address: 114 East Cape Rock Drive, Cape Girardeau, Mo 63701 Evening: 573-335-4206 E-mail Address: krisindacook(a).yahoo.com Mobile: 573-225-5709 Year Current Residence in Cape Girardeau Began: 1975 (Born here) Current Employer and Position: EXTRA HANDS INCORPORATED — OPERATIONS MANAGER Previous Employers and Positions: Cotoneaster Inc/Operations Mgr, Mayberry Group Home/Med Aide, Scholtsky's Deli/Assistance Manager Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board 1 Parks & Recreation Advisory Board Board of Adjustment Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission Planning & Zoning Commission Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board service): I haven't served on any of the City's Boards, but would love the chance to. I feel that I bring a great deal to the table — I was born and raised here in Cape Girardeau and have untilized most of the city's departments (parks, recreation, SEMO, Library, golf course, etc...) State why you are interested in serving on this board: I am most interested in serving on the Parks & Recreation Advisory Board. My children utilize the summer programs along with the pools and parks here in Cape. At Extra Hands, we use the park shelters for work parties and get togethers and we have participated in Corporate Games. Our mentally disabled clients participate in the monthly Star program and Special Olympics. I think that the city is doing a terrific job within this department and I am looking forward to the new Water Park. I would love the opportunity to serve on this board. Educational Background: High School — Cape Central High, BA Speech Communication — Southeast Missouri State University, MA Communication — Northern Arizona University Community Activities (Include offices held and committee service): The Rock of Cape Church — Active Member (Work with Children's Ministry), American Red Cross - Instructor, Boy Scouts of America —Troop Chairperson, Chicago Chiropractic Institute— Board of Advisors Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime x B. Morning Noon Afternoon Evening _ Would you like to receive news from the City via e-mail? Would you like to attend a City Council Study Session when your application comes up for consideration? By signing this document, you agree to serve and attend regularly. in any twelve (12) consecutive months, will result in you board/commission. Anytime x ❑ Yes ❑ No ❑ Yes ❑ No Three (3) consecutive absences, or four (4) absences r position being automatically forfeited on the Signed Y �� J &t Date / 4/0 ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name i ,A,> �-e e- Telephone: Day 33 L)- or) Z{.S Home Address �j 3 .B (w e' '� r �? 3 Cf1b'E Evening '33c7- '7,5(,s E-mail Address i2rw er-,ee ro� s o 1i� h oo Lo M Mobile 200 - 9 O y .J Ycar Current Residence in Cape Girardeau Began O O Current Employer and Position II Nr5To(Z Previous Employers and Positions 5 E_ L F - ov 9 �J e of ti,c v qe' :s f Number in priority order the Board(s) you are interested in serving on? f O Airport Advisory Board ,5) Board of Adjustment Board of Appeals 1 Board of Examiners Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission 2 Parks & Recreation Advisory Board 3 Planning & Zoning Commission f Public Library Board I t River Campus Board of Managers Show Me Center Board of Managers Co Special Business District Advisory Commission IZ Tree Board Special Qualifications for specific board(s) (include past board service): —M(550u DisA-C }c e ML55 os2S xcr� State why you are interested in serving on this board: 7o, �\e A D �� GVGT:J>✓- lh5er5 4� ��e M�-CeC�a.�tch>� �iAwyS ofFcfe� �V Ed.rcational Background: Community Activities (luclude offices field and committee service): \6,! C- r) COrv)mv _rc'e Me eting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly ✓Anytime B. Morning Noon Afternoon Evening Anytime Would you like to receive news from the City via e-mail? L4' Yes ❑ No Would you like to attend a City Council Study Session when your CtYYes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed 14) Lx�_ Date 7 1 kt, 2-010 Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. SUBJECT Appointment of one member to the Board of Appeals for a term expiring September 4, 2015. EXECUTIVE SUMMARY Mr. Farris Nabors' term on the Board of Appeals is set to expire September 4, 2010. Mr. Nabors has expressed interest in being reappointed to the board, and his advisory board summary sheet is attached. Also attached is a roster for the board as well as the attendance records for the last year. BACKGROUNDIDISCUSSION The International Building Code (as amended by the city) stipulates that the Board shall consist of seven individuals, not more than two from each of the following professions: (1) registered architect, or builder or superintendent of building construction with 10 years experience; (2) registered design professional with structural engineering or architectural experience; (3) registered design professional with mechanical or plumbing engineering experience, or mechanical or plumbing contractor with 10 years experience; (4) registered design professional with electrical engineering experience or an electrical contractor with 10 years experience; (5) registered design professional with fire protection engineering experience or a fire protection contractor with 10 years experience. In addition, the Code states that two alternate members may be appointed and shall possess the qualifications required for board membership. Members serve five year terms. At the present time, there are no other qualified applications on file. GENERAL DIRECTION SOUGHT/SPECIFIC QUESTIONS TO BE ANSWERED One appointment to the Board of Appeals for a term expiring September 4, 2015, will appear on your next agenda for consideration. ATTACHMENTS • Board of Appeals Roster • Board of Adjustment Attendance • Advisory Board application CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees August 2, 2010 All members of Advisory boards must be residents of the City of Cape Girardeau unless othervvise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Board ofAppeals Date Appointed Date Reappointed Tern: Expires Farris Nabors (contractor/electrician) December 18, 1995 9/23/00; 8/15/05 September 4, 2010 Anton J. Sebek (architect) June 4, 1990 7/1/91, 7/1/96, 6/4/01, June 4, 2011 6/5/06 Melanie Cantrell (structural engineer) December 15, 2008 --- June 4, 2012 Paul Grebe (plumber) May 15, 2000 5/20/02; 5/21/07 June 4, 2012 Thomas E. Phi Ilips(architect)(alternate) May 4, 1998 4/21/03; 4/21/08 May 4, 2013 Joe Burton (mechanical) September 4, 2001 4/21/03; 6/2/08 June 4, 2013 David R. Alberson (architect) Chairman 7/7/93 (alt.), July 18, 1994 5/17/99; 7/6/04; 5/18/09 June 4, 2014 Michael Annis (contractor)(alternate) April 2, 2001 7/6/04; 5/18/09 June 4, 2014 David C. Pfeiffer (structural engineer) June 5, 1990 7/11/95, 5/15/00, 5/16/05 June 4, 2015 5/17/10 Serve five yearterms, appointed by Council. Of the seven members, no more than two from each of the fol lowing professions: (1) Registered design professional that is a registered architect; or a builder or superintendent of building construction with at least 10 years experience 5 of which shall have been in responsible charge of work; (2) Registered design professional with -uctural engineeringor architectural experience; (3) Registered design professional with mechanical or plumbing engineering _perience; or a mechanical or plumbing contractorwith 10 years experience 5 of which shall have been in responsible charge of work; (4) Registered design professional with electrical engineering experience; or an electrical contractorwith at least 10 years experience 5 of which shall have been in responsible charge of work; (5) registered design professional with fire protection engineering experience, or a fire protection contractorwith at least ten years experience 5 of which shall have been in responsiblechargeofwork. Meetings held second Thursday at 7:00 p.m. inCouncilCharnbers. Board considers appeals from the building codes. Staff contact— Tim Morgan, Inspection Services Director.339-6328. BOARD OF APPEALS Attendance Record Ordinance effective 4/13/00 X = present, A = absent 2009 Jan 8 Feb 12 am Apr 9 May 14 Jun 1 11 Jul 9 mm Sep 10 Oct 1 8 Nov 1 12 Dec 10 1st 2nd 3rd termi- letter letter letter nated Alberson, Dave N QQOQQOOQO MMMMMMMMM E E TTTTTTTTT f N N E E 'A N N E E N-,NNN N E E N,1 N E E lAfI41—. G N E E N E E N E E 1' GG N E E i G INL N C) MM E E TT 1 N- N C) E E Burton, Joe Cantrell, Melanie 2009 Jan 8 Feb 12 Mar 12 Apr 9 May 14 Jun 1 11 Jul 9 Aug 1 13 Sep 10 Oct 1 8 Nov 1 12 Dec 10 1st 2nd 3rd termi- letter letter letter nated Alberson, Dave N QQOQQOOQO MMMMMMMMM E E TTTTTTTTT f N N E E 'A N N E E N-,NNN N E E N,1 N E E lAfI41—. G N E E N E E N E E 1' GG N E E i G INL N C) MM E E TT 1 N- N C) E E Burton, Joe Cantrell, Melanie Grebe, Paul Nabors, Farris Pfeiffer, Dave Sebek,Ton Alternates: 7 �N ;. Philli s, Tom F Michael GAnnis, CITY OF CAPE GIRARDEAU, MISSOURI co�tca�m� BOARD MEMBER SUMMARY z ectrfeia 1 Name _ Fj{rri'.S A(ALoP.S Telephoned_3S-119- L Street Address /0,;Z9 JV, iJy� �h, ��l/Je f�FP/}yc�akZl Yj�o ��7%b1 Year Current Residence in Cape Girardeau Began Current Employer and Position 5e l )0/0 y — _b e /o4el- Previous Employers and Positions n I�/npp which Board(s) are you interested/? sr�i ,' POA4 C19MJenJ4i0N k7iopr'( lNI%S7-ivlen)C°oommmmitfee. 5p, /3R b, I 194u Special Qualifications for specific board(s) (include past board service) &o^m "cs �tiPf �r ol�m c-7 Community Activities (Include offices held and committee service) i] D 6 jl EZ Leo MAA r #Oce Meeting time(s) convenient for you: (Please check one in�A� and �one in B) A. Weekly Monthly /� Anytime = 0` ` we4 "` 4 B. Morning Noon Afternoon Evening � Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signedjijr�� Date /6-6-F6- ** Board Member Summary Sheets are valid for one year from the date that they are signed. {mow idd. rya,nae 3Q/1/91 - 6/30/30 .ales ter: 5 11,09.80.81 E WIW S ta—1 - .3,902.20 5mma of P9bliu Wey Tma Fond 6,40.04 5,400.04 OctYOx 1. 2W4IIY9u0b J:ne 30. e010 6,181.513.05 6,191.319.05 ACNAL O9iN N]'AL PO®.1C 8A9Cn 'm ...IMES LNC3l�PANLLY CM91[TIID FMILIfY WITH% $ 36,69}.63 nntruOCim v[ LSrn +ta4vn H3 HN Daaaryanry vp+c+liana amtac vrW cmruclutim c+nt+c 9 ],8'3,166.x1 3 - 5 2,153,96631 M[rLaC+ roof ( orate Lire +taof62 103,919.!8 - 123,919.10 avab [S . Peplace rmC [ i+ ataCiM 3]5,33].55 - 133,229.33 P<IgVate L at+113 313,39].00 - 219,393.13 1 Fl,tYia iib auti— p 370,613.00 - 100,635.00 Total vva4 11x+ LaelllGll9 -0 3,475,150.01 $ - $ 3,1]$, 352.61 plpy3q az vcvA;ticnlfq aya tei aC p011M aCat 911,[61.]] $ - 3 211,26].3] Iwnovat+ tylia ctatlen 19x,110.80 - 193.100.01 LvpioVB'Wv[+ m KtlaxiM Htt—t pzop+zty 116 051.18 - 146,854.10 1bCE1 vv [a wlle+ t.<Slltio 8 550 902.12 _ $ - 4 550,993.42 vrlrzcus vara: Wlne titre t1w1 D - $ - 5 - IydCYr 565,199.1e - 56s,199.1e 91+t[orn ladder teoak (9YC 6 -90 -Ix/ ' Pamee wwln+ 409,359.00 - 409,959,00 ft- 9Ya�li flee +n9lna 429,250.0 - 499,350.OD Puv4+ez Lira en0lne 411.810.00 - 194.830.00 ZYLu[biah l+ddez 10,901.61 - 18.006.6e ft W,.2959 o.Litt M91M 8.991.68 - 8,991.68 All-C+i zain file whiale 51,521.20 - 51,}3330 R+aNa mat - u202 ti TO CaI coaC1[+ w1,l6l+a 94 �$ 3 061 028.91 6 - $ 2.061.030.91 Polios .0ha=1.. (122 V+Tlcl+a la par y+art 8 - $ - 5 - nvli=..wvaa. (Se tyle]]] e. - ] psi year tur next • ware] _ _ _ 0 wl<vI veleiele+ (EYE 6-32-10) 381,856.59 - 181,356,59 9 pa[Fel VlNalcs (FYL 6-30-091 219,356.]6 - 319,956,10 B pat[al v+hlel+r ({Y8 6 -JD -09) 301,909.10 - 30.909.10 9 yatrol "+h1=l a+ (7Ys 9-39-0]1 181,992.]9 - 184.398.03 B patrol vahidu (CCE 0-}D-06) 113.906,00 133.366 AD R5 patrol Y+Molu (CCS 5-3D-051 ]26,3]5.00 - 126,300.00 } ap+el.a1[Y rel,iclea ICyB 6-90-051 95.988.00 - 95,990.00 Tv 41 Coati wlirn veh1011a 9 1 115.5]8.18 $ - 6 2.115.510.18 py112 [14]iT CP9T9: scli-,ix:G1r+:d hieathL�O appants 6 35, 419w5 3 - 5 35,116.15 vrc equlprvnt 35,915.00 - 25,116.00 Flre occFAloatioc pu;wenC 131,132.59 - 339.111.59 9Y�v pioGa<tlw equipment 151,312.32 - 111.211.82 [our N+Sn+l imgl,q uiu+ra• 30.800.00 - 30,900,00 nidi ac Ww[vie 29.497.4] 29 490.1] Total ceeG Ciie BaP:lpaant $ 133.308.]3 J - 3 11x 208.]3 Ibllw aa'mu:LwClm em31}mant S 40,974.30 ibl]m l,roteotly++.'(mpau,[ 2.880.50 - 2, W.50 33 enmi au m+tic tlflaa 25,440.00 - 25,110.00 16 am,1 au uratic ilflua 12,099,00 - 12,0B0.DO 12 shot gev,a 6.350.00 - 6.]51.00 I] BRS [n® rntiy ilLle9 - 15,819.35 - IS, 819. J5 4 ra9ar 46 1ae92+ and x Ciidgu ]05.56 - 40,305.36 TOLal Goat pNi a agcipoen[ _ $ 153 948.]1 5 - $ 153 940.]1 sLRVICE NaSa: - ➢rinclp+l $ 3,00,135.0 $ - 3,001,426.00 lntetext aM vtlwz n 1.069.]95.58 - 1,069.]60. SB ascii emc wrv;w rn+ca 9 I,277.106.6e 9 - 6 1,0n.195.59 'PrN. UPITAL 1QIA34D 6VB18 D 12,828, 29x.5] - 9 - S 11 x0e 22x.5] O FBOAYINB N909: - atlnn - 8 1,]35,462.0 9 - 3 1.]35.162.00 fillfllma uC 3 w+ LS3.Cigoo CO Coat Q9 515,150.01 - 5]5,151.01 o— +ret P+[=G fvi 3 fir4S1jl1CelY 19, 053.33 - 19, 159.09 Publlc aafuty wlariea-vcvmeClVe a0)YaGW:t 3.509 336.81 - 3,509.336.81 ZOTAL O1'EFTOTNO W9S9 $ 5 809,360.30 $ - $ } 009 106.30 {mow idd. rya,nae 3Q/1/91 - 6/30/30 .ales ter: 5 11,09.80.81 $ 21,160,720,10 S ta—1 - .3,902.20 657,401.25 ONai ; 6,40.04 5,400.04 -�� pay+ 6,181.513.05 6,191.319.05 TV Oel AeV+nue $ 16,9]5.016.16 $ 39,30fi3O]4.02 LRye,Mlturaa 0.09].300.95 28,2]9.]39.19 C nd (3aly 6 2]],]0].21 $ 36,69}.63 Exhibit'V Summary of Committed and Pro)ec(ed Costs- Public Safety Trust Fund October 1, 2004 through June 30, 2010 WIIICLB COSTS: ORIGINAL PUBLIC SAFETY TRUST PROJECTS ESTIMATED $ 550,000.00 COSTS FACILITY COSTS: Conatrvoti.e of £ire station 43 sith Platform ladder troy (FYE 6-30-12) emergency operations center and communication cantor $ 2,050,000.00 Replace roof s renovate fire station 42 150,000.00 Replace roof b renovate fire station 44 50,000.00 Renovate fire station 41 300,000.00 Future site station 44 Refurbish ladder truck Total coats fire facilities $ 2,550,000.00 Replace air conditioning system at police stat d 250,000.00 Renovates police station 300,000.00 Iwrovementa on Frederick Street property - Total coat. police facilities $ 550,000.00 WIIICLB COSTS: Quint £ire truck $ 550,000.00 Ladder truck - Platform ladder troy (FYE 6-30-12) 750,00D.00 Pumper fire engine 425,000.00 Pumper fiza engine 425,000.00 pumper fire engine 425,000.00 Refurbish ladder truck 150,000.00. Vpgrade 2003 Pumper fire engine - All -terrain fire vehicle 45,000.00 Rescue boat Total costs fire vehicle¢ $ 2,770,000 00 Police vehicles 1100 vehicle. 10 per year) 6 2,000,000,00 Police vehicles 128 vehicles - 7 per year for next 4 years) 7 patrol vehicles (FYE 6-30-10) 9 patrol v clea (FYE 6-30-09) 8 patrol vehicles (FYR 6-30-081 B patrol vehicles (M 6-30-07) 8 patrol vehicles (EYE 6-30-06) 20 patrol vehicles (FYE 6-30-05) - 5 specialty vehicles (FYE 6-30-05) Total costa police vehicle. 9 2.000.000.00 EQUIPMENT COSTS: Self-contained breathinq apparatus Rescue equipment Pira oommunication equil ont Fire pont.otiva equipment Fovr thermal imaging cameras Cardiac Monitors Total coats fire equipment Police conmunacatien equipment Police protective equipment 32 semi automatic rifles 16 semi automatic rifles 12 .hot guns 11 SRT team entry rile. 4 radar unite 46 revere and certridges Total cost police equipment DEBT SERVICE COSTS: Principal Interest and other costa Total debt service at. TOTAL CAPITAL RELATED COSTS b zoo,000.00 100,000.00 150,000.00 100,000.00 $ 550,000.00 $ 150,OD0.00 100,000.00 $ 250,000.00 6 4,500,000.00 1,330,000.00 $ 5,830,000.00 $ 14,500,000.00 OPERATING COSTS: C.Mrunioation operation. $ 3,325,OOD.00 Cost of 3 rree firafighters - 1,092,500.00 Grant matU for 3 firefighter. public safety salaries-competive adjusto,ent 5,582,500.00 TOTAL OPERATING COSTS $ 10.000.000.00 CURRENT ESTIMAM COSTS 6 2,987,153.07 103,949.48 125,223.55 215,060.90 180.613.00 9 3,612,000.00 $ 211,267.37 $ 192,878.45 146,854.18 6 551,000.00 565,498.18 409,359.00 409,257.00 444,810.00 48,804.64 8,994.66 54,522.20 122.783.24 S 2.064.028.94 $ 801,004.60 181,256.59 219,356.76 204,903.10 184,392.73 173,306.00 426,375.00 85.988.00 2.276,582.78 $ 3s, 43o.4s 55,628.49 139,412.59 221,250.00 30,800.00 29.498.47 $ 512,000.00 S . 130,000.00 10,913.09 25,440.00 12,080.00 6,357.00 15,849.35 9.255.00 40,105.56 $ 250,000.00 $ 6,190,000.00 1,600,948.31 _ 8_. 7,790,948.31 $ 17,056,560.03 $ 3,575,897.20 1,172,291.85 484,366.53 5,990,223.58 8 11.222,779.16 CoMRTTED TIFEODUR 6/30/2010 $ 2,052,366.21 103,949.48 125,223.55 213,197.77 180.613.00 5 3,475,350.01 $ 211,267.37 192,780.87 146,854.18 $ 550,902.42 S - 565,498.18 409,359.00 409,257.00 444,810.00 48,804.64 8,994.68 54,522.20 122,783.24 S 2.064.028.94 181,256.59 219,356.76 204,903.10 184,392.73 173,306.00 426,375.00 85.988.00 $ 114751578.18 S 35,410.45 25,845.00 139,412.59 151,242.22 30,800.00 29.498.47 $ 412,208.73 40,974.30 2,687.50 25,440.00 12,080.00 6,357.00 15,049.35 9,255.00 40.105.56 b 152,948.71 $ 3,007,425.00 1,069,760.56 $ 4,077,105.5B $ 12,208,202.5] $ 1,725,462.00 575,154.04 79,153.53 3,509,336.01 S 518691106.36 PROJECTED RBMAIRENG AT 6/30/2010 $ 134,766.86 1,863.13 $ 136.649.99 97.58 $ 97.58 801,004.60 9 801,004.60 29,783.49 70,007 78 5 99.791 27 89,025.70 8,025.59 97 051.29 $ 3,182,5]5,00 531,187.73 9 3,713,762.73 8 4,848,357.46 $ 1,850,435-20 597,137.81 405,213.00 2,480,886.77 _9 5,333,672.78 MINUTES FROM INVESTMENT COMMITTEE MEETING May 12, 2010 1:30 p.m. Conference Room Cape Girardeau City Hall The Investment Committee opened the May 12, 2010 meeting with Misty Clition, Tony Balsano, and Kathy Mangles present. Minutes from the November 18, 2009 Investment Committee Meeting were accepted. Mr. Richbourg reviewed the City's March 31, 2010 investment portfolio and investment activity during the last three months with the members of the committee. He pointed out the yields and weighted average maturities of the restricted, liquidity bonds, and certificate of deposit portfolios were 1.979% and .58 years, 2.475% and 3.09years, and 3.616% and 1.67 years respectively. At the end of the previous quarter the yields and the weighted average maturities had been 1.710% and .48 years, 5.150% and 2.31 years, and 3.776% and 1.70 years respectively. Yields on the City's portfolios were compared to the Treasury bond yield curve at March 31, 2010. Mr. Richbourg pointed out that the City's restricted, liquidity bonds, and certificate of deposit portfolios were yielding 1.70%,.85%, and 2.80%, respectively, above rates available in the Treasury market at the end of the quarter. Mr. Richbourg said it was still his intent to continue to ladder maturities to structure guaranteed cash flows. He said that the City would probably keep the maturities of its future investments to the 2 — 3 years The meeting was then adjourned. co\.,-., John Richbourg Finance Director, City of Cape Girardeau (Revised Statements) INVESTMENT COMMITTEE MEETING Wednesday, May 12, 2010 1:30 p.m. Conference Room Cape Girardeau City Hall 1. Approval of Minutes (Copy enclosed) 2. Review of City of Cape Girardeau's March 31, 2010 investment portfolio and activity since January 1, 2010. The following schedules are enclosed for March 31, 2010: (a) Restricted investments (b) Bond investments — liquidity fund (c) Activity -Bond investment -liquidity fund (d) CD investments -liquidity fund (e) Activity -CD investment -liquidity fund (f) Treasury yield curve vs. our portfolio at March 31, 2010 3. Discussions regarding market conditions and investment strategy. (Treasury yield curve analysis enclosed). 4. Other discussions. 5. Adjournment. Agenda: September 7, 2010 Staff: John Richbourg, Finance director SUBJECT Semiannual Summary of the Public Safety Trust Fund EXECUTIVE SUMMARY The attached Exhibits A and B reflect the Public Safety Trust Fund's activity through June 30, 2010 from its inception in October 1, 2004. The Public Safety Trust Fund was established to account for a i/4% fire sales tax. These exhibits combined with the comments below comprise the Summary of the Public Safety Trust Fund report for the period ended June 30, 2010. Almost all of the items originally anticipated to be funded by the capital portion of the fire sales tax should be completed by the December 31, 2014 expiration of that portion of the tax. The planned 2012 purchase of a platform ladder truck may not be able to be accomplished as a result of recent poor sales tax revenue growth and the funding of the local match for a SAFER grant that supports 3 temporary firefighter positions. Annual 5.6% sales tax growth through the remainder of the capital portion of this tax would allow this purchase to be completed. BACKGROUNDIDISCUSSION On June 8, 2004 the voters approved a fire sales tax to fund various public safety capital and operating needs. The fires sales tax began being collected on October 1, 2004. Exhibit A, Summary of Public Safety Trust Fund, is divided into two sections. The top section shows actual expenditures, open encumbrances (contracts entered into but not spent), and total committed expenditures for each trust fund project since the inception of the fund. The bottom section gives actual and projected revenue and expense information for the fund. Significant data from Exhibit A show that the fund had committed to $12,208,202.57 in capital related expenditures and had transferred $5,889,106.38 to the general fund to support public safety salaries, 3 permanent firefighter positions, the City's communications operation and a local match for a SAFER grant that funds 3 temporary firefighter positions. At the end of June the fund had an uncommitted balance of $277,707.21. As of June 30, 2010 projected total revenues through the expiration of the capital portion of the fire sales tax were $28,306,034.82. Revenue projections assumed no future sales tax revenue growth, interest earnings on unexpended cash balances at current rates, and interest earnings on the debt service reserves of the bonds that were issued in May 2005. At June 30, 2010, expenditures to accomplish objectives of the public safety trust fund, excluding the 2012 purchase of a platform ladder truck, were projected to be $28,279,339.19. Expenditure projections have been adjusted to reflect contracts that have been issued since the last report, allow for 3% inflation and include debt service payments on outstanding debt. Exhibit B is the Summary of Committed and Projected Costs — Public Safety Trust Fund. This summary shows the original estimated costs, current estimated costs, current committed costs, and current remaining costs for each project. Current estimated costs have been adjusted to reflect contracts that have been issued since the last report and reflect the accomplishment of all but one of the original items that were proposed to be funded through the trust. Annual 5.6% sales tax growth through the remainder ofthe capital portion of this tax would allow this purchase to be completed. ATTACHMENTS Exhibit A — Summary of Public Safety Trust Fund Exhibit B — Summary of Committed and Projected Costs — Public Safety Trust Fund CIN OF CAPE GIRARDEAU -RESTRICTED INVESTMENTS AT MARCH 31, 2010 AND ACTIVITY SINCE JANUARY 1, 2010 ©.VoR 9 BANK OF THE CASCADE 0.03 100,000.00 100.000.00 1.450% 02711/09 01/11/10 MAR 31, 2010 003 YEARS TO 500000.00 0.260% 10/15/09 01/11/10 USBANK 0.07 1625,00000 MATURITY/C 1.300% M1110BOOK M1110BOOK BANK OF MISSOURI MATURITY MARKET UNREALIZED SECURITY DESCRIPTION CUSIP N ALL/RESET PAR VALUE VALUE YIELD PURCHASE DATE DATE PRICE GAIN ( LOSS) PURCHASED 1124/09 0224/10 GE MONEY 0.16 250,000.00 250,00000 0200% BANK OF MISSOURI 0.00 50,337,53 50,337.53 0260% 01/11/10 03110/10 0& m BANK OF MISSOURI 0.11 1,495,675.74 1,495,675.74 0.462% 03!10110 0910/10 03110/10 ALLY BANK 0.22 150000.W 150,000.00 0.300% 03119/10 06/18/10 BANK OF MISSOURI LAKESIDE BANK 0.28 100,00000 100,000.00 0200% 1/122010 07/12/10 0.15 2.5%FHLMC(07/19113, CALLABLE 4/19/10) 0.05 813,037.50 813,037.W 0.512% 02/11/10 07/19/13 3%FHLMC(428/14)(ConUnually Callable @428/10) 006 813,847.50 813,847,50 0.769% 02/11/10 0428114 2% FHLMC(W/15112)(Callable 1)6/1910) 0.21 753.24000 753,24000 0.250% 03/16/10 091912 2.625% FHLMC(1028113)(CaialUa 0428lW7 0.)8 501,265.00 501,265.00 0451% 03116/10 1028/13 2.14% FHLB (0924/12) (Callable 0324110) 249 1,000,000.00 1.000,00000 2.140% 0326110 0924112 TOTAL PURCHASES 049 6.12740327 6,127,403.27 1.839% ©.VoR 9 BANK OF THE CASCADE 0.03 100,000.00 100.000.00 1.450% 02711/09 01/11/10 BANK OF MISSOURI 003 500,OOO.W 500000.00 0.260% 10/15/09 01/11/10 USBANK 0.07 1625,00000 1.625,(X.00 1.300% 03/19A9 0125110 BANK OF MISSOURI 0.11 500000.00 50000000 0280% 10/15/09 02/10/10 MEDALLION BANK 0.15 251),000.00 250,0 (X) 0.200% 1124/09 0224/10 GE MONEY 0.16 250,000.00 250,00000 0200% 1127/09 03101/10 BANTERRA 0.19 1,00000000 1,000,000.00 0.810% 0& m 03/10/10 BANK OF MISSOURI 0.19 1494,OW.W 149QWO.W 0.462% 12/10/09 03110/10 BANTERRA BANK 0.23 10W.OW.W 1000.000.00 1760% 0320109 0325110 BANK OF MISSOURI 0.19 500,337.53 500,337.53 0260% 01/11/10 03110110 TOTAL MATURITIES 0.15 7,21933]53 7219.337.53 0.846% BOOK AT SALE GAIN(LOSS) CALLED/SOLD DATE YIELD SALE PRICE ON SALE None 000 KOIVMI - - YOIVIO� 0.00 0.00 Page 2 012 CITY OF CAPE GIRARDEAU-'RESTRICTED INVESTMENTS AT MARCH 31,2010 AND ACTIVITY SINCE JANUARY 1, 2010 YEARS TO MAR 31, 2010 MATURITYrC M1110BOOK 3131/10BOOK MATURITY MARKET UNREALIZED SECURITY DESCRIPTION CUSIP# ALLMESET PAR VALUE VALUE YIELD PURCHASE DATE DATE PRICE GAIN (LOSS) BANK OF MISSOURI 0.02 1,152,724.39 1,752,724.39 0.540% 12/10/09 04/09/10 1,752,724.39 0.00 SOUTHWEST STATE 0.04 200000.0 20.000.0 0.300% 12115!09 04/14710 199,990.00 (10.00) BEAL BANK NEVADA 0.04 250,000.00 250.000.00 0.250% 12N9109 04/14/10 249,982.50 (17.5)) BANK OF MISSOURI 0.11 1,495,675.74 1495,67514 0.462% 03/10/10 05/10/10 1,495,675.74 0.00 BANTERRA BANK 0.15 500,OW.W SW,OW.W Tax% 0320709 0&25110 500,000.0 0.00 LCA BANK CORP 0.18 150,000.00 150,000.03 0.250% 12/04109 06!04710 149,919.03 (8100) AMERICAN EXPRESS 0.19 100000.00 103.003.03 0300% 12N9109 06/09710 99950.00 (50.00) BEAL BANK NEVADA 019 250,000.X0 250,WO.00 0.303% 12709109 06709110 249.875.W (125.00) ALLY BANK 0.22 150,00O.W 1W,000.00 0.300% 03/19/10 06118110 149,913.00 (87.00) LAKESIDE BANK 0.28 TOO=w 100,000.00 0.200% 1!122010 071IV10 - 99,894.00 (106.00) BANTERRA BANK 049 750,000.00 750,000.00 2.150% 0320709 09(27110 750,000.00 0.00 3.5%FHLB 3133XRFK1 070 695,000.00 705,321.33 1.383% 0324109 12/70110 720,721.00 15,399.67 BANTERRA BANK 1.74 500.030.00 500000.00 2.200% 0320109 1227/11 500,030.00 0.00 GMACBANK 1.99 97,0W.W 97,000.W 3.000% 0327109 0327112 99,548.19 2,548.19 CIT BANK 2.01 97,0W.00 97,000.00 2.850% 04/01109 NMW12 99.260.10 2,260.10 NEXBANK 2.01 97,000.00 97,030.00 2.750% 04/02109 04N2/12 99,070.95 2,070.95 SALLIE MAE BANK 2.01 99,000.03 99,000.00 2.900% NAIM9 04/02/12 101,411.64 2,411.64 2% FHLMC (06115112) (Callable 06115/10) 0.21 75324003 753,240.00 0.250% 03116110 MI U12 752,190.00 (1,050.03) 2.14% FHLB(0924112)(Callable 0324/10) 2.49 1,003,X03.0 1,OW,WO.W 2.140% 0]26710 0924112 1,W0,310.W 310.00 U.S. TREASURY NT STRIPPED 912833JZ4 2.63 350,WO.W 332,514.54 2.031% 11/17108 11/15/12 337,522.50 5,007.96 2.5%FHLMC(07/19/13, CALLABLE 4719/10) 0.05 813,037.50 813,037.50 0.512% 02/11/10 07/19/13 810,818.10 (2,219.40) 2.625% FHLMC (10/2W13) (Callable 0428710) 003 501.265.00 501265.00 0.451% 03716/10 IMU13 500,775.03 (490.00) 3% FHLMC(42&14)(Continually Callable®426/10) 0.08 81],84]50 813,047.50 0.769% X2111/10 0428114 811,822.50 (2,025.00) TOTAL RESTRICTED INVESTMENTS 0.58 1151470.13 1150]626.03 1.039% 11531373.61 23747.61 Page 1 of 2 CIN OF ,.. 2 GIRARDEAU- LIQUIDITY INVESTMENTS AT MARCH 31, 2010 AVERAGE\TOTALS 1.09 3,250,000.00 3,249,436.62 3.046% 3,254,141.25 4,704.63 EXPECTED CALLS OR MATURITIES BY DATE (DATES IN BOLD TYPE ARE USED) SECURITIES CDS TOTAL APR -JUN 2010 1,500,099.60 1,336,371.43 2,836,471.03 JUL-SEP 2010 1,749,337.02 1,919,333.99 3,668,671.01 OCT -DEC 2010 MAR 31, 2010 2,006,359.96 2,006,359.96 JAN -MAR 2011 YEARS TO 2,243,743.84 2,243,743.84 APR 2011-JUN2011 0.00 1,972,575.41 1,972,575.41 JUL 2011-SEPT2011 0.00 1,637,044.06 1,637,044.06 MATURITY/C 0.00 3/31/10 BOOK 3/31/10 BOOK JAN 2012 -MAR -2012 MATURITY 2,406,939.38 MARKET UNREALIZED SECURITY DESCRIPTION CUSIP # ALURESET PAR VALUE VALUE YIELD PURCHASE DATE DATE NEXT CALL DATE PRICE GAIN (LOSS) LIQUIDITY INVESTMENTS 5.15%FHLB (N4 WQMATURITY, CALL04MI10) 3133XKKYO 2.06 500,000.00 500,000.00 5.150% 04/30/07 64/20112 04/20110 501,250.00 1,250.00 2.125% FHLMC (04/02/12), ONE TIME CALL 04102110) 3128X8TC6 0.01 1,000,000.00 1,000,099.60 0.329% 0120/10 04/02/12 412/2010 1,000,000.00 (99.60) 1.0% FNMA Short-term note (01129115 MATURITY, CALL 07/29/10) STEP UP RATE TO 3.5% ®07129 3136FJT68 0.33 500,000.00 499,337.02 1.403% 0129/10 01/29/15 07/29/10 500,781.25 1,444.23 2.25% FNMA(02/10/16) CALLABLE QTRLY, STEP UP RATE TO 4.25% @ 2/12 AND 6.25% @ 2/14 3136FJ2H3 1.87 500,000.00 500,000.00 2.250% 02/10/10 02/10/16 08/10/10 500,470.00 470.00 2.25% FNMA(02/10/16) CALLABLE QTRLY, STEP UP RATE TO 4.25% @ 2/12 AND 6.25%@2/14 3136FJ2H3 1.87 250,000.00 250,000.00 2.250% 02/10/10 02/10/16 08/10/10 250,235.00 235.00 2.25% FNMA(02117/15) CALLABLE QTRLY, STEP UP RATE TO 4.0% @ 2/12 3136FJ2T7 1.89 500,000.00 500,000.00 2.250% 02/17/10 02/17/15 08117/10 501 405.00 1,405.00 AVERAGE\TOTALS 1.09 3,250,000.00 3,249,436.62 3.046% 3,254,141.25 4,704.63 EXPECTED CALLS OR MATURITIES BY DATE (DATES IN BOLD TYPE ARE USED) SECURITIES CDS TOTAL APR -JUN 2010 1,500,099.60 1,336,371.43 2,836,471.03 JUL-SEP 2010 1,749,337.02 1,919,333.99 3,668,671.01 OCT -DEC 2010 0.00 2,006,359.96 2,006,359.96 JAN -MAR 2011 0.00 2,243,743.84 2,243,743.84 APR 2011-JUN2011 0.00 1,972,575.41 1,972,575.41 JUL 2011-SEPT2011 0.00 1,637,044.06 1,637,044.06 OCT 2011 -DEC -2011 0.00 1,541,691.20 1,541,691.20 JAN 2012 -MAR -2012 0.00 2,406,939.38 2,406,939.38 AFTER MAR 2012 0.00 8,822,431.66 8,822,431.66 3,249,436.62 23,886,490.93 27,135,927.55 Page 1 0( 1 CITY OF CAPE GIRARDEAU -LIQUIDITY INVESTMENT ACTIVITY JANUARY 1, 2010 TO MARCH 31, 2010 MATURED NONE AVERAGEUOTALS #DIV/0! - - #DIVA)! PURCHASED 2.125% FHLMC (04/02/12), ONE TIME BOOKAT SALE/ CALL 04/02/10) 3128X8TC6 YEARS TO 1,000,000.00 TRANSACTION PURCHASED MATURITY CALL/SALE GAIN(LOSS) SECURITY DESCRIPTION CUSIP # MATURITY PAR VALUE DATE YIELD PURCHASE DATE DATE PRICE ON CALL/SALE CALLED/SOLD/TRANS FE RRED 1,000,000A0 0.448% 1.0% FNMA Short -tens nate lolo sns 2.14% FHLB (09/24/12), CONTINUALLY MATURITY. CALL 0789/10) STEP UPRATE TO 3.5% CALLABLE AFTER 03/24/10) @a7ne 3136FJT68 0.33 500,000.00 499,337.02 1.403% —Transferred to 09 Bond Portfolio— 3133XUS20 0.17 1,000,000.00 1,000,000.00 0.448% 01/20/10 09/24/12 03/24/10 1,000,000.00 - AVERAGE\TOTALS 0.17 1,000,000.00 1.000, 6.25%@2/14 F 1,000,000.00 MATURED NONE AVERAGEUOTALS #DIV/0! - - #DIVA)! PURCHASED 2.125% FHLMC (04/02/12), ONE TIME CALL 04/02/10) 3128X8TC6 0.01 1,000,000.00 1,000,09960 0.329% 2.14% FHLB (09/24/12), ONE TIME CALL 03/24/10) 3133XUS20 0.17 1,000,000.00 1,000,000A0 0.448% 1.0% FNMA Short -tens nate lolo sns MATURITY. CALL 0789/10) STEP UPRATE TO 3.5% @a7ne 3136FJT68 0.33 500,000.00 499,337.02 1.403% 2.25% FNMA(02/10/16) CALLABLE QTRLY, STEP UP RATE TO 4.25% @ 2/12 AND 6.25%@2/14 3136FJ2H3 1.87 500,000.00 500,000.00 2.250% 2.25%FNMA(02/10/16) CALLABLE QTRLY, STEP UP RATE TO 4.25% @ 2/12 AND 6.25%@2/14 3136FJ2H3 1.87 250,000.00 250,000.00 2.250% 2.25% FNMA(02J17115) CALLABLE QTRLY, STEP UP RATE TO 4.0%@2/12 3136FJ2T7 1.89 500,000.00 500,000.00 2.250% AVERAGE\TOTALS 0.72 3,750,000.00 3,749,436.62 2.077% Page 1 of i 01/20/10 04/02/12 4/2/2010 01/20/10 09/24/12 03/24/10 01/29/10 01/29/15 07/29/10 02/10/10 02/10/16 08/10/10 02/10/10 02/10/16 08/10/10 02/17/10 02/17/15 08/17/10 CITY OF Ch. _ GIRARDEAU - CD LIQUIDITY INVESTMENTS AT MARCH 31, 2010 Page 1 of 6 ORIGINAL REMAINING DOCKET TERM TERM FACE AMOUNT PURCHASE MATURITY EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE 13580 UNION BANK OF BLAIR EITZEN, MN 1091 5 86,226.48 04/10/07 04/05/10 4,968% 1673 FIRST FINANCIAL BANK USA DAKOTA DUNES, SD 30 7 49,826.09 03/08/10 04/07/10 0.630% 10980 EITZEN STATE BANK EITZEN, MN 1092 9 85,173.52 04/13/07 04/09/10 4.984% 5598 TROY B & T TROY, AL 1098 12 86,101.41 04/10/07 04112/10 4.985% 14269 CITIZENS STATE BANK MARYSVILLE, KS 1096 12 86,226.48 04/10/07 04/12/10 4.936% 33618 VIKING COMMUNITY BANK SEATTLE, WA 1097 19 86,259.67 04/18/07 04/19/10 4.928% 32606 UNIVERSITY NATL BANK OF LAWRENCE LAWRENCE, KS 1096 30 86,125.44 04/30/07 04/30/10 5.017% 1029 FIRST NS EDINBURG EDINBURG, TX 1029 51 86,239.20 07/27/07 05/21/10 5.526% 3405 SAN ANTONIO NATIONAL BANK REFUGIO, TX 912 58 99,000.00 11/28/07 05/28/10 4.550% 57597 NEW CITY BANK CHICAGO, IL 910 62 89,311.94 12/04/07 06/01/10 4.542% 18584 COMMERCIAL BANK ALMA MI 912 65 99,000.00 12/05/07 06/04/10 4.500% 58308 HAVEN TRUST BANK ST AUGUSTINE, FL 913 68 98,881.20 12/07/07 06107110 4.500% 34953 NORTHPOINTE BANK GRAND RAPIDS, MI 915 75 99,000.00 12/12/07 06/14/10 4.500% 57252 FIRST CHATHAM BANK SAVANNAH, GA 913 75 99,000.00 12/14/07 06/14/10 4.450% 13155 GOLD BANK LEAWOOD, KS 1826 82 99,000.00 06/21/05 06/21/10 4.600% 57382 FLORIDIAN COMMUNITY BANK DAVIE, FL 730 99 99,000.00 07/06/08 07/08/10 4.200% 902 BANK OF O'FALLON O'FALLON, IL 902 103 89,798.64 01/22/08 07/12/10 4.362% 33978 MIDDLETON COMMUNITY BANK MIDDLETON, WI 912 107 99,000.00 01/16/08 07/16/10 4.450% 27574 GEORGIA BANK & TRUST AUGUSTA, GA 730 107 97,000.00 07/16/08 07/16/10 4.200% 3036 HORIZON BANKS, NA LIMON CO 1097 110 85,354.61 07/18/07 07/19/10 5.280% 1096 PLAZA BANK SEATTLE, WA 1096 118 85,605.19 07/27/07 07/27/10 5.187% 912 EASTERN NATIONAL BANK MIAMI,FL 912 119 99,000.00 01/28/08 07/28/10 3.900% 23998 STATE BANK OF INDIA CALIFORNIA LOS ANGELES, CA 1096 125 85,825.80 08/03/07 08/03/10 5.101% 34516 BANK OF ASHEVILLE ASHVILLE, NC 145 125 99,801.77 03/11/10 08/03/10 0.489% 34699 METROPOLITAN NATIONAL BANK NEW YORK, NY 912 126 99,000.00 02/04/08 08/04/10 3.300% 22769 CAPSTONE BANK TUSCALOOSA, AL 546 127 99,000.00 02/05/09 08/05/10 2.200% 26499 AMERICAN NB OF MINNESOTA BAXTER, MN 763 131 91,840.65 07/07/08 08/09/10 5.101% 1673 FIRST FINANCIAL BANK, USA DUPREE, SD 1086 142 86,245.68 08/30/07 08/20/10 4.983% 57385 THE BANK OF VENICE VENICE, FL 1000 152 88,270.86 12/04/07 08/30/10 4.562% 1673 FIRST FINANCIAL BANK USA DAKOTA DUNES, SD 185 162 49,826.09 03/08/10 09/09/10 0.688% 16049 FLUSHING SAVINGS BANK NEW YORK, NY 1645 163 97,000.00 03/10/06 09/10/10 5.150% 3878 LIBERTY BANK OF ARKANSAS JONESBORO, AR 1096 163 86,382.35 09/10/07 09/10/10 4.885% 58344 FIRST AVENUE NATIONAL BANK OCALA, FL 1096 163 86,382.35 09/10/07 09/10/10 4.885% 34231 RAVENWOODS BK CHICAGO IL 1096 166 97,000.00 09/13/07 09/13/10 5.100% 35053 NORTH COUNTY BANK ARLINGON, WA 1077 173 99,000.00 10/09/07 09/20/10 4.900% 5716 FARMERS & MERCHANTS LAKELAND, GA 1096 174 99,000.00 09/21/07 09/21/10 5.000% 34685 PEOPLES BANK OF COMMERCE MEDFORD, OR 1036 184 87,943.58 11130107 10101/10 4.705% 9846 BRANCH BANKING & TRUST COMPANY WINSTON SALEM, NC 327 189 98,673.98 11/13/09 10/06/10 1.491% 9846 BRANCH BANKING & TRUST COMPANY WINSTON SALEM, NC 300 189 49,391.06 12/10/09 10/06/10 1.500% 916 NATIONAL REPUBLIC BANK OF CHICAGO CHICAGO, IL 214 191 99,539.67 03/08/10 10/08/10 0.787% 57079 WORLDS FOREMOST BANK SIDNEY, NE 732 195 98,000.00 10/10/08 10/12/10 4.400% 32707 CENTENNIAL BANK FOUNTAIN VALLEY,C 220 197 99,526.64 03/08/10 10/14/10 0.787% 32569 AMERCAN HOME BANK CHICAGO, IL 1083 209 87,137.28 11/08/07 10/26/10 4.649% 1187 NATIONAL CITY BANK COUNTRYSIDE, IL 1187 212 84,226.48 07/30/07 10/29/10 5.187% 35356 LYDIAN PRIVATE BANK (FKA VIRTUAL) PALM BEACH, FL 1092 215 66,912.96 11/05/07 11/01/10 4.697% 35009 HERITAGE BANK OF FL FU7Z,FL 1089 222 87,195.29 11/15/07 11/08/10 4.601% 16889 UNITED COMMUNITY BANK BLAIRSVILLE, GA 1096 223 97,000.00 11/09/07 11/09/10 4.600% Page 1 of 6 CITY OF CAPE GIRARDEAU - CD LIQUIDITY INVESTMENTS AT MARCH 31, 2010 Pac f 6 ORIGINAL REMAINING DOCKET TERM TERM FACEAMOUNT PURCHASE MATURITY EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE 8118 BANK OF JAMESTOWN JAMESTOWN, KY 1062 223 87,520.69 11/23/07 11/09/10 4.505% 34968 BANCO POPULAR BANK HATO REY, PR 1097 236 97,000.00 11/21/07 11/22/10 4.700% 57703 T BANK DALLAS, TX 1085 240 87,060.23 12/07/07 11/26/10 4.671% 57311 STIFEL BANK AND TRUST ST LOUIS, MO 1088 243 99,000.00 12/07/07 11/29/10 4.500% 31121 CECIL FEDERAL BANK ELKTON, MD 1088 243 87,029.09 12/07/07 11/29/10 4.670% 182 PEOPLES BANK WINDER, GA 1096 244 99,000.00 11/30/07 11/30/10 4.550% 16574 FARMERS & MERCHANTS COMM BANK NEWMAN, GA 1096 247 99,000.00 12/03/07 12/03/10 4.550% 28593 STURGIS BANK AND TRUST COMPANY STURGIS, MI 1097 250 99,000.00 12/05/07 12/06/10 4.500% 15584 MID -MISSOURI BANK SPRINGFIELD, MO 1455 252 81,884.01 12/14/06 12/08/10 5.024% 33954 CAPITAL ONE BANK GLEN ALLEN, VA 1586 261 95,319.00 08/14/06 12/17/10 5.606% 20720 TENNESSEE STATE BANK PIGEON FORGE, TN 1096 264 99,000.00 12/20/07 12/20/10 4.550% 58358 FIRST COMMERCE BANK LAS VEGAS, NV 1126 281 85,985.33 12/07107 01/06/11 4.528% 58521 LARIMER BANK OF COMMERCE FORT COLLINS, CO 1096 282 87,747.98 01/07/08 01/07/11 4.361% 34818 LEGACY BANK MILWAUKEE, WI 1092 282 87,410.72 01/11/08 01/07/11 4.506% 34818 AMERICANS UNITED GLENDALE, CA 1091 285 99,000.00 01/15/08 01/10/11 4.500% 58014 SYNOVUS BANK OF JACKSONVILLE JACKSONVILLE, FL 353 288 98,805,53 01/25/10 01/13/11 1.243% 34295 INVESTORS COMMUNITY BANK MANITOWOC, WI 1098 299 99,000,00 01/22/08 01/24/11 4.400% 17748 GORHAM SAVINGS BANK GORHAM, ME 1093 300 98,851.50 01/28/08 01/25/11 4.350% 33938 CAPITOL CITY B& T ATLANTA GA 1790 306 77,807.51 03/08/06 01/31/11 5.128% 58019 CORONADO FIRST BANK CORONADO, CA 1096 306 89,276.98 01/31/08 01/31/11 3.783% 33826 COLUMBIA STATE BANK TACOMA, WA 1096 307 99,000.00 02/01/08 02/01/11 4.050% 24315 COMMUNITY BANK PASADENA, CA 1155 310 86,933.23 12/07/07 02/04/11 4.433% 35141 BMW BANK OF N AMERICA SALT LAKE CITY ,UT 1097 313 97,000.00 02/06/08 02/07/11 3.350% 22528 BANK OF WHITMAN COLFAX, WA 1096 314 99,000.00 02/08/08 02/08/11 3.400% 58014 INDEPENDENT BANK OF AUSTIN AUSTIN, TX 727 316 95,256.73 02/13/09 02/10/11 2.442% 33458 MONONA DRIVE MONONA, WI 1095 324 99,000.00 02/19/08 02/18/11 3.350% 13616 CORYDON STATE BANK CORYDON, IA 1462 327 81,622.79 02/20/07 02/21/11 5.080% 21468 TOTALBANK MIAMI, FL 1099 328 97,000.00 02/19/08 02/22/11 3.300% 34110 QUANTUM NATIONAL BANK SUWANEE, GA 1764 337 93,784.00 05/04/06 03/03/11 5.300% 5649 DISCOVER BANK GREENWOOD, DE 1449 345 97,000.00 03/23/07 03/11/11 5.150% 57968 SONABANK, NA CHARLOTTESVILLE, 1461 348 82,102.53 03/14/07 03/14/11 4.937% 25667 FIRESIDE BANK PLEASANTON, CA 1814 349 96,159.01 03/27/06 03/15/11 5.200% 58148 LCA BANK CORP PARK CITY, UT 1096 362 98,000.00 03/27/08 03/28/11 3.850% 35230 EVERGREEN COMMUNITY BANK EVERGREEN PARK, II 1095 362 99,000.00 03/28/08 03/28/11 3.750% 33891 WASHINGTON MUTUAL BANK PARK CITY, UT 1095 365 98,000.00 03/31/08 03/31/11 3.800% 953 BANKERS TRUST COMPANY DES MOINES, IA 1094 366 97,000.00 04/02/08 04/01/11 3.800% 34775 BOSTON PRIVATE B&T BOSTON, MA 1092 369 98,000.00 04/07/08 04/04/11 3.850% 57646 FIRSTIER BANK LOUISVILLE, CO 1826 378 77,061.61 04/13/06 04/13/11 5.220% 34775 EVERBANK JACKSONVILLE, FL 1461 383 97,000.00 04/18/07 04/18/11 5.000% 14883 COMMUNITY STATE BANK AVILLIA, IN 1095 383 99,000.00 04/18/08 04/18/11 3.650% 30387 FIRSTBANK OF PUERTO RICO SANTURCE, PR 1095 390 99,000.00 04/25/08 04/25/11 4.000% 3248 FIRST NB OF HEBBRONVILLE HEBBRONVILLE, TX 1814 391 99,000.00 05/08/06 04/26/11 5.350% 33433 COMMERCE NATIONAL BANK WORTHINGTON, OH 1826 397 77,784.30 05/02/06 05/02/11 5.032% 13397 BANK OF UTICA UTICA, NY 1244 399 85,814.92 12/07/07 05/04/11 4.497% 35100 PARAGON COMMERCIAL BANK RALEIGH, NO 1095 404 99,000.00 05/09/08 05/09/11 4.000% 35296 TENNESSEE COMMERCE BANK FRANKLIN, TN 819 404 95,092.45 02/09/09 05/09/11 2.245% 34353 CRESTMARK BANK TROY, MI 665 405 96,995.79 07/14/09 05/10/11 1.675% Pac f 6 CITY OF Cr,. _ GIRARDEAU - CD LIQUIDITY INVESTMENTS AT MARCH 31, 2010 Page 3 of 6 ORIGINAL REMAINING DOCKET TERM TERM FACE AMOUNT PURCHASE MATURITY EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE 16110 BUTTE STATE BANK BUTTE, NE 665 405 96,995.79 07/14/09 05/10/11 1.675% 27447 FOSTER BANK CHICAGO, IL 704 408 95,487.74 06/08/09 05/13/11 2.396% 27447 FOSTER BANK CHICAGO, IL 700 408 95,512.23 06/12/09 05/13/11 2.397% 26798 HOME SAVINGS BANK SALT LAKE CITY, UT 1824 432 76,830.58 06/08/06 06/06/11 5.286% 32185 R -G PRIEMER BANK OF PUERTO RICO HATO REY, PR 1826 433 95,000.00 06/07/06 06/07/11 5.500% 15728 DAKOTA COMMUNITY BANK, NA HEBRON, ND 1826 442 99,000.00 06/16/07 06/16/11 5.500% 4392 INTEGRA BANK NATL ASSOC EVANSVILLE, IN 1092 446 97,000.00 06/23/08 06/20/11 4.150% 15229 FIRST BUSINESS BANK MADISON, WI 1826 456 99,000.00 06/30/06 06/30/11 5.450% 30996 CENLAR FSB TRENTON, NJ 1087 456 97,000.00 07/08/08 06/30/11 4.450% 25888 FIRST FINANCIAL BANK SOUTHLAKE, TX 1826 463 99,000.00 07/07/06 07/07/11 5.600% 10491 FREEDOM SECURITY BANK CORAVILLE, IA 1826 463 76,180.54 07/07/06 07/07/11 5.451% 3832 OLD NATIONAL BANK EVANSVILLE, IN 1095 467 97,000.00 07/11/08 07/11/11 4.550% 57554 TRADITIONS BANK CULLMAN, AL 1097 474 99,000.00 07/16/08 07/18/11 4.400% 58009 LEHMAN COMMERCIAL BANK SALT LAKE CITY ,UT 1823 477 97,000.00 07/24/06 07/21/11 5.600% 15820 RED RIVER STATE BANK HALSTAD, MN 1823 481 99,000.00 07/28/06 07/25/11 5.600% 31445 MACON BANK INC FRANKLIN NC 913 488 94,225.53 01/30/09 08/01/11 2.380% 35479 MARINERS BANKCORP EDGEWATER, NJ 1270 495 99,000.00 02/15/08 08/08/11 3.500% 58651 SETTLERS BANK DE FOREST, WI 1127 495 87,563.16 07/07/08 08/08/11 4.309% 34069 M & T BANK N,A. OAKFIELD, NY 1127 495 87,563.15 07/07/08 08/08/11 4.309% 35031 FREEDOM FINANCIAL BANK WEST DES MOINES, I 1277 512 99,000.00 02/25/08 08/25/11 3.700% 35114 SATILLA COMMUNITY BANK ST. MARYS, GA 1155 513 99,000.00 06/27/08 08/26/11 4.300% 34182 FIRST BANK MIAMI, FL 1822 519 99,000.00 09/05/06 09/01/11 5.450% 57369 US CENTURY BANK MIAMI, FL 1827 524 77,001.44 09/05/06 09/06/11 5.233% 57974 SAIGON NATIONAL BANK WESTMINISTER, CA 1819 532 78,007.98 09/21/06 09/14/11 4.994% 35011 INTERVEST NB NEW YORK CITY, NY 1461 538 96,660.50 09/20/07 09/20/11 5.045% 35253 DESERT COMMUNITY BANK LAS VEGAS, NV 1826 544 76,247.37 09/26/06 09/26/11 5.418% 34548 NEIGHBORHOOD NATIONAL BANK SAN DIEGO, CA 1821 545 76,594.38 10/02/06 09/27/11 5.357% 29930 MIDSTATE FSLA BALTIMORE MD 1823 551 76,571.77 10/06/06 10/03/11 5.365% 29056 FIRST FEDERAL SAVINGS BANK EVANSVILLE, IN 972 559 93,875.22 02/11/09 10/11/11 2.376% 33143 COUNTRYWIDE BANK FSB ALEXANDRAI, VA 1455 567 82,324.70 10/25/07 10/19/11 4.889% 32649 WORTHINGTON FEDERAL BANK HUNTSVILLE, AL 1276 576 99,000.00 04/30/08 10/28/11 4.000% 57251 THE BANK OF SOUTHERN CONNECTICUT NEW HAVEN, CT 1819 580 76,578.99 11/08/06 11/01/11 5.366% 34304 RIVER CITIES BANK WISCONCIN RAPIDS, 1279 581 99,000.00 05/02/08 11/02/11 4.000% 1018 SOUTHWEST BANK OF ST LOUIS ST LOUIS, MO 1454 593 97,000.00 11/21/07 11/14/11 4.750% 28923 M & I BANK FSB LAS VEGAS, NV 1454 593 97,000.00 11/21/07 11/14/11 4.750% 57688 INDEPENDENCE BANK NEWPORT BEACH, G 1279 593 99,000.00 05/14/06 11/14/11 4.250% 8129 PEOPLE'S BK AND TRUST OWENTON, KY 1095 607 95,000.00 11/28/08 11/28/11 4.350% 57815 SBU BANK CORAL GABLES, FL 1081 607 88,471.12 12/12/08 11/28/11 4.143% 17438 FIRST NATIONAL BANK OF AMERICA EAST LANSING, MI 1449 609 97,000.00 12/12/07 11/30/11 4.600% 32536 STERLING BANK LANTANA, FL 1459 614 83,204.26 12/07/07 12/05/11 4.609% 21292 PEOPLES SOUTH BANK DOTHAN, AL 1823 621 78,186.45 12/15/06 12/12/11 4.937% 58259 FNB OF MICHIGAN KALAMAZOO, MI 1461 621 97,000.00 12/12/07 12/12/11 4.550% 35542 CENTERBANK OF JACKSONVILLE JACKSONVILLE, FL 1826 624 99,000.00 12/15/06 12/15/11 5.000% 6560 HUNTINGTON NB COLUMBUS, OH 1441 630 83,478.69 01/10/08 12/21/11 4.583% 9665 KAW VALLEY BANK TOPEKA, KS 902 643 188,538.31 07/15/09 01/03/12 2.390% 27076 WACHOVIA MTG FSB LAS VEGAS, NV 1461 649 97,000.00 01/09/08 01/09/12 4.600% 182 WACHOVIA BANK HOUSTON, TX 1461 649 97,000.00 01/09/08 01/09/12 4.600% Page 3 of 6 CITY OF CAPE GIRARDEAU - CD LIQUIDITY INVESTMENTS AT MARCH 31, 2010 ORIGINAL REMAINING DOCKET TERM TERM FACE AMOUNT PURCHASE MATURITY EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE 33535 ADVANTA BANK CORP DRAPER, UT 1096 649 99,000.00 01/08/09 01/09/12 2.900% 32907 THE MORRIS PLAN COMPANY TERRE HAUTE, IN 1096 650 91,091.27 01/09/09 01/10/12 3.114% 5962 SUTTON BANK ATTICA, OH 1461 656 99,000.00 01/16/08 01/16/12 4.550% 34340 IRONSTONE BANK FORT MEYERS, FL 1462 657 97,000.00 01/16/08 01/17/12 4.550% 16022 NEW YORK COMMUNITY BANK WESTBURY, NY 721 657 96,714.05 01/26/10 01/17/12 1.693% 35139 SEATTLE SAVINGS BANK SEATLE, WA 1096 663 99,000.00 01/22/09 01/23/12 3.200% 21978 FRONTIER STATE BANK OKLAHOMA CITY, OK 1092 663 91,237.86 01/26/09 01/23/12 3.069% 4360 HORIZON BANK, NA MICHIGAN CITY, IN 1095 677 99,000.00 02/06/09 02/06/12 2.800% 27226 COUNTRY BANK NEW YORK, NY 1453 678 95,930.09 02/15/08 02/07/12 3.500% 33823 CAPITAL COMMUNITY BANK PROVO, UT 1097 678 99,000.00 02/05/09 02/07/12 2.850% 2138 QUEENSSORO NB LOUISVILLE, GA 1461 679 98,633.70 02/08/08 02/08/12 4.100% 5820 STATE CENT BANK KEOKUK, IO 1453 692 95,057.09 02/29/08 02/21/12 3.550% 5033 DART FINANCIAL MASON, MI 1097 692 99,000.00 02/19/09 02/21/12 2.850% 23623 THE WASHINGTON TRUST COMPANY OF WESTERLY, RI 1095 694 97,000.00 02/23/09 02/23/12 2.750% 27499 WORLD FINL NETWORK BK COLUMBUS, OH 1097 705 100,000.00 03/04/09 03/05/12 3.050% 1827 GLOUCESTER COUNTY FSB SEWELL, NJ 1827 707 77,737.01 03/07/07 03/07/12 5.042% 34780 BB&T FINANCIAL COLUMBUS, GA 1097 712 98,000.00 03/11/09 03/12/12 3.000% 9846 BRANCH BANKING & TRUST WINSTON-SALEM NC 1097 712 98,000.00 03/11/09 03/12/12 3.000% 10212 COMMERCE BANK GENEVA, MN 1094 716 97,000.00 03/18/09 03/16/12 2.750% 57038 NICOLET NATIONAL BANK GREEN BAY,WI 1459 719 99,000.00 03/21/08 03/19/12 4.000% 57803 GMAC BANK MIDVALE, UT 1096 727 98,000.00 03/27/09 03/27/12 3.000% 19861 YADKIN VALLEY B&T DURHAM, SC 1097 733 99,000.00 04/01/09 04/02/12 2.600% 29209 NEXBANK DALLAS,TX 1096 733 98,000.00 04/02/09 04/02/12 2.750% 3661 UNION NATIONAL B&TC ELGIN, IL 1096 734 99,000.00 04/03/09 04/03/12 2.650% 57192 GOGEBIC RANGE BANK BESSEMER MI 1096 740 99,000.00 04/09/09 04/09/12 2.500% 20408 BANKOF COMMONWEALTH NORFOLK, VA 1097 747 99,000.00 04/15/09 04/16/12 2.500% 22087 FRANKLIN TEMPLETON B&T SALT LAKE CITY, UT 1461 749 99,000.00 04/18/08 04/18/12 4.000% 12815 HOME STATE BANK CRYSTAL LAKE, IL 1098 768 92,616.80 05/05/09 05/07/12 2.552% 14266 NATIONAL BANK COMMERCE SUPERIOR, WI 1461 770 99,000.00 05/09/08 05/09/12 4.250% 4063 MIDFIRST OKLAHOMA CITY, OK 1097 775 96,000.00 05/13/09 05/14/12 3.050% 35296 TENNESSEE COMMERCE BANK FRANKLIN TN 1033 775 99,000.00 07/16/09 05/14/12 2.500% 15675 CITIZENS BANK & TRUST CAMPBELLSVILLE, Kl 883 778 142,191.50 12/16/09 05/17/12 2.212% 29910 SCOTTSBURG BUILDING & LOAN SCOTTSBURN, IN 1625 783 81,679.69 12/10/07 05/22/12 4.554% 05649 DISCOVER BANK GREENWOOD, DE 917 797 47,722.03 12/01/09 06/05/12 1.857% 57529 CAPMARK BANK MIDVALE, UT 1097 803 144,000.00 06/10/09 06/11/12 3.050% 57529 CIT BANK SALT LAKE CITY ,UT 1097 803 145,000.00 06/10/09 06/11/12 3.050% 3510 BANK OF AMERCIA NEW YORK, NY 914 803 50,000.00 12/10/09 06/11/12 2.550% 27314 INVESTORS COMMUNITY BANK MANITOWOC, WI 914 803 97,000.00 12/10/09 06/11/12 1.750% 28994 FIRST FEDERAL OF CHARLESTON CHARLESTON, SC 914 803 143,702.68 12/10/09 06/11/12 1.714% 5485 FIRST NB VALENTINE VALENTINE, NE 1827 825 76,853.33 07/03/07 07/03/12 5.271% 05649 DISCOVER BANK GREENWOOD, DE 1096 828 92,629.25 07/06/09 07/06/12 2.553% 32633 WASHINGTON MUTUAL BANK THE COLONY, TX 1826 834 76,247.37 07/13/07 07/12/12 5.433% 34102 SUMMIT COMMUNITY BANK MOOREFIELD, WV 1218 838 91,010.46 03/16/09 07/16/12 2.670% 33778 GE CAPITAL FINANCIAL, INC HOLLADAY, UT 1096 838 149,000.00 07/16/09 07/16/12 2.550% 1673 FIRST FINANCIAL BANK DUPREE, SD 1092 838 92,609.74 07/20/09 07/16/12 2.569% 24334 ROCKY MOUNTAIN BANK WILSON, WY 1097 845 200,000.00 07/22/09 07/23/12 2.550% 58457 TRISTATE CAPITAL BANK PITTSBURGH, PA 1096 845 92,474.92 07/23/09 07/23/12 2.608% Pac f6 CITY OF CA, _ GIRARDEAU - CD LIQUIDITY INVESTMENTS AT MARCH 31, 2010 Page 5 of 6 ORIGINAL REMAINING DOCKET TERM TERM FACE AMOUNT PURCHASE MATURITY EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE 58457 TRISTATE CAPITAL BANK PITTSBURGH, PA 1092 845 92,500.32 07/27/09 07/23/12 2.609% 4392 INTEGRA BANK NATIONAL ASSOC WILSON, WY 1097 852 100,000.00 07/29/09 07/30/12 2.550% 34519 MERRICK BANK SOUTH JORDAN, UT 1106 861 232,068.43 07/29/09 08/08/12 2.459% 31027 WESTERN BANK PR MAYATUEZ, PR 1826 875 97,000.00 08/23/07 08/22/12 5.250% 32916 INLAND COMMUNITY BANK RIALTO, CA 1820 877 97,000.00 08/31/07 08124)12 5.250% 16218 TEXAS STAR BANK LOTT, TX 1822 883 78,000.95 09/04/07 08/30/12 4.988% 32707 CENTENNIAL BANK FOUNTAIN VALLEY, C 1827 894 78,197.99 09/10/07 09/10/12 4.923% 27499 WORLD FINL NETWORK SK COLUMBUS, OH 1097 894 100,000.00 09/09/09 09/10/12 2.500% 26799 EVABANK EVA, AL 1824 898 99,000.00 09/17/07 09/14/12 5.100% 34533 FIRST COMMUNITY BATESVILLE, AR 1280 911 99,000.00 03/27/09 09/27/12 2.850% 12781 HOMETOWN BANK ST CLOUD, WI 1279 916 90,740.04 04/02/09 10/02/12 2.776% 57485 GOLDMAN SACHS BANK SALT LAKE CITY ,UT 1808 917 97,000.00 10/22/07 10/03/12 5.000% 4214 BANK OF OKLAHOMA TULSA, OK 1439 936 83,948.28 11/13/08 10/22/12 4.446% 22087 FRANKLIN TEMPLETON B&T SALT LAKE CITY, UT 1056 936 93,355.73 12/01/09 10/22/12 2.379% 17534 KEY BANK CLEVELAND, CH 1826 938 77,963.29 10/25/07 10/24/12 4.986% 3510 BANK OF AMERICA NEW YORK, NY 1070 950 92,867.28 12/01/09 11/05/12 2.560% 33989 APPALACHICAN COMMUNITY BANK ELLIJAY, GA 1825 953 78,901.91 11/10/07 11/08/12 4.749% 33959 NATBANK NATL ASSOC HOLLYWOOD, FL 1035 1028 93,603.30 01/20/10 01/22/13 2.333% 6672 FIFTH THIRD BANK DAYTON, OH 1455 971 84,416.70 12/02/08 11/26/12 4.275% 27471 AMERICAN EXPRESS BANK UTAH 1097 978 49,000.00 12/02/09 12/03/12 2.350% 27314 GE MONEY SALT LAKE CITY ,UT 1096 979 147,000.00 12/04/09 12/04/12 2.350% 2711 TRADITIONAL BANK MOUNT STERLING, K 1204 980 91,655.48 08/19/09 12/05/12 2.644% 11971 BAR HARBOR B&T BAR HARBOR, ME 1372 992 89,413.00 03/16/09 12/17/12 2.981% 33664 STATE BANK OF INDIA CHICAGO, IL 1807 994 97,000.00 01/08/08 12/19/12 4.700% 6672 FIFTH THIRD BANK CINCINNATI, OH 1090 1020 93,546.80 01/20/10 01/14/13 2.236% 1020 MARSHALL & ISLEY MILWAUKEE, WI 1826 1022 97,000.00 01/17/08 01/16/13 4.600% 58095 IDAHO FIRST BANK MCCALL, ID 1821 1023 81,054.58 01/23/08 01/17/13 4.218% 16650 MARKLE BANK MARKLE, IN 1827 1028 80,997.44 01/22/08 01/22/13 4.218% 33959 NATBANK NATL ASSOC HOLLYWOOD, FL 1098 1028 139,860.40 01/20/10 01/22/13 2.203% 33933 DRYADES SAVINGS BANK NEW ORLEANS, LA 1089 1028 92,929.83 01/29/10 01/22/13 2.460% 1650 PEOPLE'S BK OF OZARKS NIXA, MO 2169 1029 94,546.87 02/15/07 01/23/13 5.300% 33778 GE CAPITAL FINANCIAL, INC SALT LAKE CITY, UT 1827 1042 99,000.00 02105108 02/05/13 4.000% 5287 FIRST BANKING CENTER BURLINGTON, Wt 1827 1052 99,000.00 02/15/06 02/15/13 4.000% 19849 COMMUNITY SOUTH BANK PARSONS, TN 1816 1065 99,000.00 03/10/08 02/28/13 4.000% 19899 KANSAS STATE BK OF MANHATTAN MANHATTAN, KS 1096 1066 95,000.00 03/01/10 03/01/13 2,000% 32551 FIRST TRADE UNION BANK BOSTON, MA 1369 1069 88,689.96 06/04/09 03/04/13 3.204% 19899 KANSAS STATE BK OF MANHATTAN MANHATTAN, KS 1093 1070 95,000.00 03/08/10 03/05/13 2.000% 27006 AMERICAN CHARTERED BANK SCHAUMBURN, IL 1826 1072 97,000.00 03/07/08 03/07/13 4.300% 4297 CAPITAL ONE, NATIONAL BANK MCLEAN, VA 1826 1084 97,000.00 03/19/08 03/19/13 4.300% 11301 MERCANTILE BANK QUINCY, IL 1826 1090 99,000.00 03/25/08 03/25/13 4.100% 10073 FIRST STATE BANK & TRUST CO VALDOSI VLDOSTA, GA 1107 1091 110,916.99 03/15/10 03/26/13 2.000% 34380 BREMER BANK NA FARGO, ND 1461 1092 97,000.00 03/27/09 03/27/13 3.200% 2055 BREMER BANK NA GRAND FORKS, NO 1461 1092 97,000.00 03/27/09 03/27/13 3.200% 35329 BEACON FEDERAL EAST SYRACUSE, NY 1459 1093 99,000.00 03/30/09 03/28/13 3.000% 27090 PACIFIC STATE BAK STOCKTON, CA 1461 1111 99,000.00 04/15/09 04/15/13 2.750% 35260 REPUBLIC BANK, INC BOUNTIFUL, UT 1463 1139 99,000.00 05/11/09 05/13/13 3.150% 33812 AMERICAN NATIONAL BANK APPLETON, WI 1277 1167 92,853.11 12/11/09 06/10/13 2.121% Page 5 of 6 CITY OF CAPE GIRARDEAU - CD LIQUIDITY INVESTMENTS AT MARCH 31, 2010 AVERAGE\TOTALS 1262 608 23,886,490.93 CURRENT BOOK YIELD 3.616% PURCHASEDYIELD 4.038% MATURITIES BY DATE APR - JUN 2010 1,336,371.43 JUL - SEP 2010 ORIGINAL REMAINING 2,006,359.96 JAN - MAR 2011 2,243,743.84 APR -JUN 2011 DOCKET JUL - SEP 2011 1,637,044.06 TERM TERM FACE AMOUNT PURCHASE MATURITY EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE 57529 CAPMARK BANK MIDVALE, UT 1826 1196 97,000.00 07/09/08 07/09/13 5.000% 11405 BYRON BANK BYRON CENTER, MI 1826 1205 97,000.00 07/18/08 07/18/13 4.900% 27314 GE MONEY BANK SALT LAKE CITY, UT 1826 1238 97,000.00 08/20/08 08/20/13 5.000% 35328 AMERICAN EXPRESS BANK SALT LAKE CITY, UT 1461 1328 100,000.00 11/18/09 11/18/13 2.750% 3510 BANK OF AMERICA NEW YORK, NY 1449 1328 99,000.00 11/30/09 11/18/13 3.100% 58177 SALLIE MAE MURRAY, UT 1826 1345 97,000.00 12/05/08 12/05/13 5.000% 35328 AMERICAN EXPRESS BANK SALT LAKE CITY ,UT 1817 1350 97,000.00 12/19/08 12/10/13 4.800% 35328 AMERICAN EXPRESS CENTURION SALT LAKE CITY ,UT 1817 1350 97,000.00 12/19/08 12/10/13 4.800% 35575 CIT BANK SALT LAKE CITY, UT 1826 1357 97,000.00 12/17/08 12/17/13 4.150% 58978 ONE WEST BANK PASADENA, CA 1461 1392 90,409.98 01/21/10 01/21/14 2.521% 57203 BARCLAYS BANK DELAWARE WILMINGTON, DE 1461 1398 100,000.00 01/27/10 01/27/14 2.450% SUNTRUST (4% TIL 05/28/12 THEN 100SPOVER 3YR LIBOR AND CALLABLE 867 EACH THREE MONTHS) ATLANTA, GA 1826 1519 98,000.00 05/28/09 05/28/14 4.000% 12982 THE CITIZENS BANKING COMPANY SANDUSKY, OH 1645 1531 99,000.00 12/07/09 06/09/14 2.750% 10015 SECURITY BANK NEW AUBURN, WI 1826 1568 100,000.00 07/16/09 07/16/14 3.250% 15820 RED RIVER STATE BANK HALSTAD, MN 1746 1639 86,188.37 12/14/09 09/25/14 3.111% 30878 BAR HARBOR BAR HARBOR, ME 1807 1742 86,066.86 01/25/10 01/06/15 3.035% AVERAGE\TOTALS 1262 608 23,886,490.93 CURRENT BOOK YIELD 3.616% PURCHASEDYIELD 4.038% MATURITIES BY DATE APR - JUN 2010 1,336,371.43 JUL - SEP 2010 1,919,333.99 OCT - DEC 2010 2,006,359.96 JAN - MAR 2011 2,243,743.84 APR -JUN 2011 1,972,575.41 JUL - SEP 2011 1,637,044.06 OCT- DEC 2011 1,541,691.20 JAN - MAR 2012 2,406,939.38 AFTER MAR 2012 8,822,431.66 TOTALS 23,866,490.93 Pac f6 CITY OF CAS IRARDEAU - CD LIQUIDITY INVESTMENT ACTIVITY JANUARY 1, 2010 TO MART,.. 31, 2010 NONE #DIV/01 #DIV/01 0.00 BOOK YIELD @ 3/31/10 #DI V/0! !PURC HASEDYIELD #DIV/0! Page 1 of 2 ORIGINAL REMAINING DOCKET TERM TERM FACE PURCHASE MATURITY EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE MATURITIES 1713 BANK OF PERRY COUNTY LOSELVILLE, TN 1096 22 99,000.00 01/22/07 01/22/10 5.000% 27316 TRUMAN BANK ST LOUIS CO, MO 1091 25 86,436.05 01/30/07 01/25/10 4.887% 57725 SYNOVUS BANK OF JACKSONVILLE JACKSONVILLE, FL 1091 25 85,881.34 01/30/07 01/25/10 5.103% 34403 COASTAL COMMUNITY BANK EVERETT, WA 733 25 99,000.00 01/23/08 01/25/10 4.350% 15951 PROVIDENT BANK MARYLAND BALTIMORE, MD 731 25 97,000.00 01/25/08 01/25/10 4.300% 21521 CITY BANK LYNWOOD, WA 714 25 100,399.86 02/11/08 01/25/10 4.350% 30306 BROADWAY FEDERAL SB LOS ANGELES, CA 731 28 92,497.44 01/28/08 01/28/10 3.900% 57653 CYGNET PRIVATE BANK PONTE VEDRA BEAC 1092 29 97,000.00 02/02/07 01/29/10 5.250% 26610 CENTER BANK LOS ANGELES, CA 729 29 97,902.00 01/31/08 01/29/10 4.200% 16480 WEST GEORGIA NATIONAL BANK CARROLLTON, GA 1097 32 99,000.00 01/31/07 02/01/10 5.100% 16480 PARTNERS TRUST BANK UTICA, NY 1097 32 97,000.00 01/31/07 02/01/10 5.100% 34652 HOME FEDERAL BK OF HOLLYWOOD HOLLYWOOD, FL 1096 33 85,737.42 02/02/07 02/02/10 5.136% 13272 BADGER STATE BANK CASSVILLE, WI 925 33 87,571.98 07/23/07 02/02/10 5.248% 57358 BUSINESS BANK ST LOUIS CLAYTON, MO 1429 41 95,465.46 03/14/06 02/10/10 5.100% 35362 GOLF SAVINGS BANK MOUNTLAKE TERRA( 1061 43 93,151.68 03/19/07 02/12/10 5.100% 32711 FIRST CHEROKEE STATE BANK WOODSTOCK, GA 1390 47 97,295.22 04/28/06 02/16/10 5.300% 57448 FIRST COMMERCE COMMUNITY BANK DOUGLASVILLE, GA 1090 60 99,000.00 03/07/07 03/01/10 5.050% 57866 AZTEC AMERICA BANK BERWYN, IL 1091 67 99,000.00 03/13/07 03/08/10 5.050% 20311 AMERICAN BANK OF MONTANA BOZEMAN, MT 1089 74 99,000.00 03/22/07 03/15/10 5.000% 33492 CRESCENT B&T NEW ORLEANS LA 726 76 99,000.00 03/21/08 03/17/10 3.600% 34656 AMERICAN FIRST NATIONAL BANK HOUSTON, TX 1091 81 86,435.05 03/27/07 03/22/10 4.887% 14580 DARBY BANK & TRUST VIDALIA, GA 731 81 97,711.88 03/21/08 03/22/10 3.550% 22460 MONTEREY COUNTY BANK MONTEREY, CA 1092 85 86,295.89 03/30/07 03/26/10 4.937% 32713 BANK OF NASHVILLE NASHVILLE, TN 1097 88 86,226.48 03/28/07 03/29/10 4.941% AVERAGE\TOTALS 1002 46 2,263,008.75 BOOK YIELD @ 3/31/10 4.725% PURCHASED YIELD 4.847% CALLS & SALES 01673 FIRST FINANCIAL BANK DAKOTA DUNES, SD 729 26 96,436.73 12/16/09 01/26/10 1.818% 57431 TEXAS COMMUNITY BANK THE WOODLANDS, T; 365 82 98,619.33 11/17/09 03/23/10 1.391% AVERAGE\TOTALS 545 54195,056.06 BOOK YIELD @ 3/31/10 1.492% PURCHASED YIELD 1.673% FDIC ACTIONS NONE #DIV/01 #DIV/01 0.00 BOOK YIELD @ 3/31/10 #DI V/0! !PURC HASEDYIELD #DIV/0! Page 1 of 2 CITY OF CAPE GIRARDEAU - CD LIQUIDITY INVESTMENT ACTIVITY JANUARY 1, 2010 TO MARCH 31, 2010 ORIGINAL REMAINING DOCKET TERM TERM FACE PURCHASE MATURITY EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE Pac f 2 NEW PURCHASES 33959 NATBANK NATL ASSOC HOLLYWOOD, FL 1035 965 93,603.30 01/20/10 41,233.00 2.333% 6672 FIFTH THIRD BANK CINCINNATI, OH 1090 1020 93,546.80 01/20/10 41,288.00 2.236% 33959 NATBAN K NATL ASSOC HOLLYWOOD, FL 1098 1028 139,860.40 01/20/10 01/22/13 2.203% 58978 ONE WEST BANK PASADENA, CA 1461 1392 90,409.98 01/21/10 01/21/14 2.521% 58014 SYNOVUS BANK OF JACKSONVILLE JACKSONVILLE, FL 353 288 98,805.53 01/25/10 01/13/11 1.243% 30878 BAR HARBOR BAR HARBOR, ME 1807 1742 86,066.86 01/25/10 01/06/15 3.035% 16022 NEW YORK COMMUNITY BANK WESTBURY, NY 721 657 96,714.05 01/26/10 01/17/12 1.693% 57203 BARCLAYS BANK DELAWARE WILMINGTON, DE 1461 1398 100,000.00 01/27/10 01/27/14 2.450% 33933 DRYADES SAVINGS BANK NEW ORLEANS, LA 1089 1028 92,929.83 01/29/10 01/22/13 2.460% 19899 KANSAS STATE BK OF MANHATTAN MANHATTAN, KS 1096 1066 95,000.00 03/01/10 03/01/13 2.000% 1673 FIRST FINANCIAL BANK USA DAKOTA DUNES, SO 30 7 49,826.09 03/08/10 04/07/10 0.630% 1673 FIRST FINANCIAL BANK USA DAKOTA DUNES, SO 185 162 49,826.09 03/08/10 09/09/10 0.688% 916 NATIONAL REPUBLIC BANK OF CHICAGO CHICAGO, IL 214 191 99,539.67 03/08/10 10/08/10 0.787% 32707 CENTENNIAL BANK FOUNTAIN VALLEY, C 220 197 99,526.64 03/08/10 10/14/10 0.787% 19899 KANSAS STATE BK OF MANHATTAN MANHATTAN, KS 1093 1070 95,000.00 03/08/10 03/05/13 2.000% 34516 BANK OF ASHEVILLE ASHVILLE, NC 145 125 99,801.77 03/11/10 08/03/10 0.489% 10073 FIRST STATE BANK & TRUST CO VALDOSI VLDOSTA, GA 1107 1091 110,916.99 03/15/10 03/26/13 2.000% AVERAGE\TOTALS 874 827 1,591,374.00 CURRENTBOOK YIELD 2.222% PURCHASED YIELD 2.211% Pac f 2 3.40% 3.20% 3.00% 2.80% 2.60% 2.40% 2.20% 2.00% :2 1.80% v 1.60% 1.40% 1.20% 1.00% 0.80% 0.60% 0.40% 0.20% 0.00% Treasury Yield Curve Analysis 90 Day 180 Day 1 Yr Term 2 Yr 3 Yr 5 Yr 7 Yr 3.28% 3.26% 2.93% 2.55° — - 2.31 % 0 .6 /o 00/0- %1.45% 1.45% 0 /o — 0.95% -0---9/30/2009 © ° -0-12/31/2009 0.24% 45% -O-.41-'Yo---- -_— o 3/31/2010 0.16% 0. D Oa ° — 0% 0.40% - --- -- -----` --A-4/22/2010 J ° 0.18% .nan/ 90 Day 180 Day 1 Yr Term 2 Yr 3 Yr 5 Yr 7 Yr 3.40% 3.20% 3.00% 2.80% 2.60% 2.40% 2.20% 2.00% '0 1.80% >- 1.60% 1.40% 1.20% 1.00% 0.80% 0.60% 0.40% 0.20% 0.00% Treasury Yield Curve vs Our Portfolio 3.28% 1* 90 Day 180 Day 1 Yr 2 Yr 3 Yr Term 5 Yr 7 Yr s 3/31/2010 --z 2.55'/ --- -- ------- ----- -- 1.600o 1.020X --I-f-979�fo-Res—tri�c-t—e',Mlnvestments .58 Year Average Maturity atU,_,t, 1--�3.616% Liquidity -CDs 0.410/ 4 4 4 0 0 0.16% 11. 67 YearAverage Maturity .3_..0-460 _,�Lkquidity_Investments 1.09 Year Average -iatu rity 90 Day 180 Day 1 Yr 2 Yr 3 Yr Term 5 Yr 7 Yr s 3/31/2010 River Campus Board of Managers Minutes June i, 2010 Noon in River Campus Conference Room Attendees: Jerry Ford, Swayne Byrd, Dennis Vollink, Ruth Knote, Robert Cerchio, Gary Miller Minutes from March 12, 2009 reviewed. Jerry Ford made motion to approve; motion seconded and accepted. Information items: • Season Brochure dates and deadlines — Bob provided copies of brochures that were mailed this week [N.B.: mailing was delayed but eventually went out Tuesday, June 15th]; yesterday was first day of public sales. Pre -sales ended June 8`" and have gone down somewhat (historically, as master season ticket renewals go down, single series season tickets go up). Full page single event order forms are included in brochure. All season events, including Crisp Museum exhibitions, faculty and student shows, and the High School Juried Art Show are included on the back page. Art, Music and Theatre/Dance Departments, University Admissions and Advancement will distribute brochures and copies are also available at the Convention and Tourism Bureau. Jerry Ford has suggested advertising individual shows to our satellite campuses. • Year-end report of sales and attendance — Bob provided budget itemization for touring shows. • Facilities Issues; box office window, various maintenance items — Box office is complete and additional maintenance/repairs include: o Re -striping of parking lot o New tile for entry way in Seminary Building o Repair of step risers in Rust Flexible Theatre o Replacement of aisle lights in Bedell and Rust theatres o Addressing repairs to condensation issue in Cultural Arts Center o Re -Vocation of Choral library from Brandt Hall to Seminary Building, Room 160 o Installation of plywood in Art Gallery that will allow artwork to be hung (Item yet to be submitted for approval and funding). Meeting adjourned by Ruth Knote. — 1 — sep!r:r bh 'r 2, 201; Girardeau Goes Green Advisory Board Meeting Minutes July 13, 2010 Cape Girardeau Public Library gyri North Clark Street I. Call to order Vice -Chair, Red Redinger, called the meeting to order at 7:oop.m. II. Attendance The following Board Members were present: Red Redinger (Vice -Chair), Ellen Dillon (Secretary), Jerry Cooley, Shaun McClintock, Ross McFerron, Stephen Overmann, and Jill Wicks. The following board members were absent: Kathy Conway (Chair) and Dru Reeves. City representatives: Debra Tracy, Council Liaison and Heather Brooks, City Staff Liaison, were in attendance. Guests: Walter White and Alan Journet were in attendance. III. Announcements The City Council approved two new members to the Advisory Board: Mr. Walter White and Dr. Glen Williams. They will become members of the board as of the August meeting. )V. Approval of June Minutes Steve moved and Shawn seconded the approval of the June minutes. The vote was unanimous. V. Announcements Introductions were made for the benefit of Walter White who will join the Advisory Board officially in August. Mr. White introduced himself as the owner of the Old Country Store, a local pastor, and a property owner. Board members introduced themselves and welcomed Walter to the group. We then discussed and explained the goals of the Advisory Board. VI. Discussion of Annual Report to the City Council Heather announced that the annual update for the Girardeau Goes Green Advisory Board to the City Council is scheduled to occur at the August 2°a Study Session (5: oo). After discussion, it was decided that Kathy and Red will be the primary presenters (with Ellen as a back up if one of them cannot attend) and that each Focus Group will have a member on hand to field any questions that might arise regarding their specific area. Each focus group is asked to send Kathy information for the presentation well in advance of the August 2°a presentation. Heather will send out a reminder. Debra apologized to Jill for not having taken the opportunity to introduce her and Dru at the City Council meeting during which replacements for the retiring Advisory Board members was discussed. With new leadership and new procedures in place, it was difficult to make an opening for the introductions. Girardeau Goes Green Advisory Board Meeting—P a g e 12 VII. Review of Applications for Focus Groups Only one application for Focus Group membership was received from the pool of those who had expressed interest in Advisory Board membership. Bruce Skinner submitted his application. The Board agreed that we are anxious to include Mr. Skinner on one of the Focus Groups, but decided to wait until the August meeting to assign him to a specific group as it is unclear what areas the new Board members will be interested in. At this point the focus groups have the following numbers for total membership: Transportation 3 Energy 6-7 Outdoor Energy 3-4 Waste Management 3 VIII. Update on Focus Group Activity Each group reviewed their activities in their late June/early July meetings. a. Waste Management Focus Group 1. Ross McFerron, GGG 2. Jill Wicks, GGG 3. Steve Overmann, GGG The group is continuing to collect data from City staff—who have all been very helpful. All of the sub -divisions, with a few exceptions, seem to be recycling as much as possible. b. Transportation Focus Group i. Jerry Cooley, GGG 2. Dru Reeves, GGG (Absent) Nothing to report. They plan to contact the bio -diesel plant near St. Louis in order to get information regarding cost, etc. There may be a possibility to write a grant for the City to be able to take part in a bio -diesel fuel project. Debra suggested they check with the bio -diesel plant in Cairo as well. c. Energy Focus Group 1. Red Redinger, GGG 2. Shaun McClintock, GGG This group met with Dan Muser to discuss energy use. They are trying to determine if it is possible to set a baseline regarding total energy used by each City building. Jill is working to get information regarding Ameren although some buildings are linked to other facilities (i.e. Arena and the sports complex), so a baseline is difficult to determine. These baselines are important so that impact can be determined with changes are made. d. Outdoor Energy Efficiency Focus Group i. Ellen Dillon, GGG 2. Kathy Conway, GGG (Absent) Kathy and Marcus Janzow also met with Dan Muser regarding landscaping and community gardens in City Parks. This meeting proved to be beneficial and Mr. Muser indicated that native plantings have been used in new developments (i.e. the Water Park) and that it maybe possible in some areas along the Cape LaCroix trail and in Shawnee Park. He also indicated that there are currently community gardens in place, but in order to establish more, there would need to be people in place willing to take care of the maintenance of the gardens. Girardeau Goes Green Advisory Board Meeting—P a g e 13 IX. For Next Meeting • All focus groups should meet before the next meeting and reports will be heard again. • Election of officers will be held at the next meeting. X. Adjournment The meeting was adjourned at 8:oo p.m. The next meeting will be held August 10, 2010, Cape Girardeau Public Library, 7:00 p.m. Respectfully submitted, `6/l �,, -/l&», (DRAFT) CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT JAYCEE MUNICIPAL GOLF COURSE ADVISORY BOARD MEETING July 29, 2010 The Cape Girardeau Municipal Golf Course Advisory Board met at the Osage Community Centre on Thursday, July 29. 2010 at 12 noon. Present: Kenneth Bramlett, Chairman Robert Pastrick, Vice Chairman Robert Guard, Secretary Chris Janet, Board Member Jack Watts, Board Member Jim Hastings, Jr., Board Member Kent Ward, Board Member Charles Wagoner Board Member Charles Heady, Board Member Absent: Staff Present Daniel D. Muser, Director of Parks and Recreation Jared Tanz, Golf Course Manager Randy Lueder, Golf Course Foreman Marcia Stone, Administrative Coordinator Guest: Ken Eftink, Assistant City Manager GUEST: Transportation Trust Fund 4 - Ken Eftink Assistant City Manager Ken Eftink came before the board to give a presentation and answer questions on the TTF-4 tax renewal that will be on the ballot Tuesday, August 3, 2010. APPROVAL OF MINUTES Chairman Bramlett requested the approval of the June 24, 2010 minutes. Jack Watts made a motion to accept the minutes as mailed and Charles Wagner seconded the motion. Motion passed. OLD BUSINESS A. Parks and Recreation/Storm Water Projects Director Moser reported that Cape Splash has had 72,000 in attendance so far and Osage Community Centre fitness room is near completion. When they are able to transfer the fitness equipment into the new fitness room, they will carpet the large meeting room and that project should be completed. Shawnee Park Sports Complex site development is completed. The Parks Division Staff completed the ball fields and soccer fields' irrigation, lights and fence and should be ready for play this Fall. The concession stands for the new softball and soccer fields is partially roofed and the brick work is almost completed. The soccer concession building is scheduled for completion the end of August or first of September. The softball concession building will trail completion a few weeks later. The community center footings and concrete work is done. The steel work should be started Monday. The community center completion date is projected for the end of the year. Some smaller ball fields in Arena Park were relocated and the work was done in-house by the Park and Shawnee Park Sports Complex Division Staff. Central Municipal Pool new bubble, heater and equipment should be installed by the end of September. The bathhouse renovation may be postponed until next May. Randy Lueder reported that the golf course greens are in good shape. The application of silicone has helped some. They have used a new demo roller that has also helped and they have decided to allocate money in next year's budget to purchase the new roller. The staff has rocked in the ditch on #15 and sodded back the remainder, which will be an ongoing maintenance project. Golf Course Advisory Board July 29, 2010 Page 2 The staff has re -sodded 4' x 4' and 6' x 6' areas on #11, 13, 14 and 15 and will be top dressed tomorrow. They are top dressing and aerifying the greens every two weeks. Ball markers continue to be the biggest maintenance problem that the staff has. Chris Janet suggested having high school students fix the ball marks every evening in exchange for a greens fee pass. This will help the students gain service hours and reduce the staff maintenance hours. The ball is rolling real well. The holes are tight on #13 and 15 tee box. The staff will have the architect visit the course again for his suggestions to help with the problem and still keep the aesthetic appearance of the course. The staff will work on constructing a water station at the #14 tee box this winter NEW BUSINESS A. Staff Report Jared Tanz reported that the rounds are up 25-35% compared to last year. The beverage cart is doing well operating from 9:30 a.m. to 6:30-7:00 p.m. every Friday, Saturday and Sunday. Jared will contact the league representatives when he and Randy feel that the leagues can start play on the back nine. The t -markers have all been sold and the whole course layout marker will be delivered on August 9`h if design is approved. B. Board Members Report Jim Hastings reported that there is a collection for a commemorative tree that will be placed at the golf course in honor of Kenny Brown. Charles Hastings announced that Terrance Kelly would like to purchase American flags to be flown on eight designated flag days at the course. Jim (listings made a motion to approve the donation, with Robbie Guard's second. Motion passed. Robbie Guard announced that the Cape Jaycees will hold their 22"' Annual Two Person Scramble this Saturday and Sunday. The fee is $80/person which includes a practice round and free lunch on both days. He also announced that the 18" Annual BBQfest will be held on August 27 & 28". A new addition to the event this year will be barbeque chicken/pork steak available inside the Arena for $10.00/plate. This fundraiser is designated to raise money for the Toy Box that reaches over 500 families a year each Christmas. REPORTS A. Policies and Procedures — Robert Pastrick, Robert Guard, Jim Hastings No report. B. Planning and Development — Charles Wagner, Kent Ward, Charles Heady No report at this time. C. Advertising and Promotions - Jack Watts and Chris Janet Jared reported that the slope and ratings were measured two weeks ago. The company will contact Jared when the report is completed. D. Golf Course Improvements - Kenny Bramlett, Jack Watts, Kent Ward No report at this time. Golf Course Advisory Board July 29, 2010 Page 2 E. SEMO Cup - Jack Watts, Robert Pastrick Chairman Bramlett reported that the SEMO Cup will be held at Boothecl Golf Course on October 9th and the fee will be 5900/team. The board discussed various methods of qualifying for the SEMO Cup. There being no further business Robbie Guard made a motion to adjourn the meeting with Chris Janet's second. Motion passed. The next meeting will be held on August 26, 2010 at the Osage Community Centre. Respectfully submitted, Robert Guard, Secretary (DRAFT) CITY OF CAPE GIRARDEAU TREE ADVISORY BOARD MEETING August 9, 2010 The City of Cape Girardeau Tree Advisory Board held their regular scheduled meeting on August 9, 2010, 12 noon at the Osage Community Centre. Present: Kevin Govero, Board Member Robert Harris, Board Member Daniel Grimm, Board Member Absent: Guest MINUTES Dan Muser, Parks & Recr. Director/Member Tim Gramling, Public Works Director/Member Staff Present: Marcia Stone, Recording Secretary Chairman Kevin Govern requested approval of the June 21, 2010 minutes. Tim Gramling made a motion, seconded by Robert Harris to approve the minutes as presented. Motion passed. NEW BUSINESS A. Sprigg Street Trees Dan Moser stated that he evaluated two trees on behalf of the Tree Board on Sprigg Street that were Council Inquiries. One was covered in poison ivy, both trees were dead and he recommended removal of the trees. B. Spanish Street Trees Dan Grimm reported that residents on Spanish Street would like to plant sonic type of tree along the street in front of their homes. The residents are encouraged to come to a board meeting for the member's recommendation. Tim Gramling suggested that the residents could donate funds through one of the city's foundations which are 5010. The trees could be bid out through the city, which would be a better price for the residents. C. Tree City USA Dan Maser stated that the documents are being gathered for the 20 10 Tree City USA application. D. TTF4 With the passage of the TTF4, landscape enhancement and street improvements may initiate future evaluations of trees in the proposed areas. OLD BUSINESS A. Common Pleas Court House Park The tree at the Common Pleas Court House Park was re-evaluated. Dan Moser made a motion, seconded by Robert Harris to amend the motion from the June 21, 2010 meeting recommending removal of the tree, to removal of the dead limbs only. Motion passed. OTHER BUSINESS Dan Maser reported that Cape Splash would be reducing their hours of operation starting tomorrow. They will be open on Tuesday's and Friday's 4:00 p.m. — 7:00 p.m. and 11:00 a.m. — 7:00 p.m. Saturdays and 12:00 p.m. - 7:00 p -.m. Sundays through their final operation day of the season, which will be Labor Day. Tree Advisory Board Meeting August 9, 2010 Page 2 Osage Community Centre fitness room floor has been laid and the equipment is being transferred to the permanent site. The carpet will be laid in the new meeting room that had temporarily housed the fitness equipment during the construction phase. Shawnee Park Sports Complex soccer concession building should be completed at the end of the month. The building is all brick with a porch area, adequate restroom facilities, storage room, office area and overhead door. The soccer organizations are funding the concession equipment for the facility. A donated playground is currently being installed behind the concession building by the Parks Division staff. The softball concession stand will be finished shortly following the soccer building's completion. The steel structure is going up for the Shawnee Park Center. This facility should be completed by the first of the year. The Jaycee Municipal Golf Course greens have been under stress due to the extreme heat, but they are holding up well. There being no further business, the meeting was adjourned. The next scheduled board meeting will be held on Monday, October 18th at the Osage Community Centre. Respectfully submitte Marcia Stone, Recording Secretary MINUTES FROM INVESTMENT COMMITTEE MEETING August 18, 2010 1:30 p.m. Conference Room Cape Girardeau City Hall The Investment Committee opened the August 18, 2010 meeting with, Tony Balsano, and Kathy Mangles present. Misty Clifton was absent. Minutes from the May 12, 2010 Investment Committee Meeting were accepted. Mr. Richbourg distributed a revised version of the March 31, 2010 investment reports. He explained on how the reports had been changed to reflect how time to maturity is calculated for Step Up and Cushion bonds. Mr. Richbourg reviewed the City's June 30, 2010 investment portfolio and investment activity during the last three months with the members of the committee. He pointed out the yields and weighted average maturities of the restricted, liquidity bonds, and certificate of deposit portfolios were 1.933% and .42 years, 2.293% and .17 years, and 3.237% and 1.64 years respectively. At the end of the previous quarter the yields and the weighted average maturities had been 1.979% and .58 years, 3.046% and 1.89 years, and 3.616% and 1.67 years respectively. Yields on the City's portfolios were compared to the Treasury bond yield curve at June 30, 2010. Mr. Richbourg pointed out that the City's restricted, liquidity bonds, and certificate of deposit portfolios were yielding 1.70%, 2.10 %, and 2.70%, respectively, above rates available in the Treasury market at the end of the quarter. Mr. Richbourg said it was still his intent to continue to ladder maturities to structure guaranteed cash flows. He said that the City would probably keep the maturities of its future investments to the 2 — 3 years. The committee approved a change in the City's Investment Policy to be recommended for approval by the City Council. The meeting was then adjourned. John Richbourg Finance Director, City of Cape Girardeau INVESTMENT COMMITTEE MEETING Wednesday, August 18, 2010 1:30 p.m. Conference Room Cape Girardeau City Hall 1. Approval of Minutes (Copy enclosed) 2. Review of City of Cape Girardeau's June 30, 2010 investment portfolio and activity since April 1, 2010. The following schedules are enclosed for June 30, 2010: (a) Restricted investments (b) Bond investments — liquidity fund (c) Activity -Bond investment -liquidity fund (d) CD investments -liquidity fund (e) Activity -CD investment -liquidity fund (f) Treasury yield curve vs. our portfolio at June 30, 2010 3. Discussions regarding market conditions and investment strategy. (Treasury yield curve analysis enclosed). 4. Other discussions. 5. Adjournment. CITY OF CAPE GIRARDEAU - RESTRICTED INVESTMENTS AT JUNE 30, 2010 AND ACTIVITY SINCE APRIL 1, 2010 YEARS TO JUN 30, 2010 MATURBY/ W0110 BOOK 6!30/10 BOOK MATURITY MARKET UNREALIZED SECURITY DESCRIPTION CUSIP 0 CALL PAR VALUE VALUE YIELD PURCHASE DATE DATE PRICE GAIN ( LOSS) PURCHASED BANK OF MISSOURI 0.02 149,02557 1496,82557 0.460% 05/10/10 07MIO BANK OF MISSOURI 0.20 1.757,44952 1.757.449.62 0.440% 06/15/10 09710/10 3% FNMA 4.85 787,747.50 766,045.24 1.476% 05/11/10 05 /15 1.35%FHLB 1.09 435.000.00 435,192.71 1.213% 05/12/10 0&03111 325%FNMA 0.12 490,00000 490,592.97 0.446% 06109/10 06/13/14 TOTAL PURCHASES 0.95 4967,02259 4,966.108.11 1.225% 12704/D9 06N 10 BANK OF MISSOURI 002 1,752,72439 1752.724.39 0540% 121=9 NM9110 SOUTHWEST STATE 004 200,000.00 200000.00 0.300% 12/15/09 0C11N10 BEAL BANK NEVADA 0.04 25D,WVW 250,000.00 0250% 12109m9 04/14/70 BANK OF MISSOURI 0.11 1495,675.74 1495.675.74 0.462% OY10110 05/10/10 BANTERRA BANK 0.15- 500,00000 500000.00 1800% 0320/09 0525/10 LCA BANK CORP 0.18 150,000.00 150,000.00 0.250% 12704/D9 06N 10 AMERICAN EXPRESS 0.19 100,00080 100,000.00 0.300% 12/09N9 0509/10 BEAL BANK NEVADA 0.19 250.000.00 250.1YM00 0300% 12109/09 06/09/10 ALLY BANK 0.22 150.000.00 15,000.00 0.300% 03/19710 06/18110 TOTAL MATURITIES 0.09 4,848400.13 4848400.13 0.640% Page 2 of 2 BOOK AT SALE GAIN(LOSS) CALLED/SOLD DATE YIELD SALE PRICE ON SALE 2% FHLMC (06115112) (Callable 06/15/10) 0.21 753,240.DD 750,00000 0.250% 03/16/10 W/15112 750,000.00 0.00 2.14%FHLB(0924/12)(Callable 0324/10) 0.03 1000,000.00 1,000,W0.00 0448% 0326110 0924712 1,000.000.00 0.00 25%FHLMC(07/19/13, CALLABLE4/19/10) 0.05 813,037.50 810,00).W 0.512% 02711/10 07/19/13 810,000.00 0.00 2.625% FHLMC(1028/13)(Callable0428/10) 0.08 501,265.00 500,W0,00 0451% 03/16/10 1028113 50,OD0.00 0.00 3%FHLMC(428114)IConlinually Callable@426110) 0.08 813.847.50 810,000.W 0769% 02/11/10 0428/14 810.00000 0.00 0.09 3,681,390.0E 387 1 0.00 000 Page 2 of 2 CITY OF CAPE GIRARDEAU- RESTRICTED INVESTMENTS AT JUNE 30,2010 AND ACTIVITY SINCE APRIL 1, 2010 YEARS TO JUN 30, 2010 MATURITY/ 6130/10 BOOK 6! 10 BOOK MATURITY MARKET UNREALIZED SECURITY DESCRIPTION CUSIP k CALL PAR VALUE VALUE YIELD PURCHASE DATE DATE PRICE DAN ( LOSS) [�Si'.fYct-3��G51Y 71� t7��lufd:iF9 BANTERRA BANK 0.24 750,000.00 750600.00 2.150% 0320109 0927110 750,000.00 0.00 3.5% FHLB 313 RFK1 OAS 695,000.00 701605.06 1.383% 032409 12/10/10 720)21.00 19,115.04 BANTERRA BANK 1.49 500000.00 500,000.00 2.200% 0320.9 1227111 500,000.00 0.00 GMAC HANK 1.74 97.000.00 97,00000 3.000% 0327109 0327/12 99,812.03 2,812.03 CIT BANK 1.76 97,000.00 97,000.00 2.850% 000V09 04MM2 99,566.62 2,566.62 NE%BANK 1.76 97,000.00 9],00000 2.750% 04ro2109 04 W2 99,40075 2,400.75 SALLIE MAE BANK 1,76 99,000.00 99,000. W 2.900% 04102/09 04NVQ 101 71161 Z711.61 U.S. TREASURY NT STRIPPED 912833124 2.38 350,000.00 334.234.52 2001% 11117M 1111912 337,522.50 3,287.98 BANK OF MISSOURI 0.02 1,49,82557 149082557 0.460% 0910110 07/09/10 1490825.57 0.00 LAKESIDE BANK 0.03 100.00000 10000000 0.200% 091910 07/12/10 99,99460 (6.00) BANKOFMISSCURI 0.20 1,757,44952 1757449.62 0.440% 06115/10 09/10/10 1,757,44962 0.00 3% FNMA (C.1le00&04110) 31WFM-MM3 0.10 787,747.50 786.45 .24 1476% 0911110 0994115 786,719.15 673.91 1.35% FHLS(Callable B 10) 3133%UC68 009 435,000.00 435.192.71 0.300% 0511L10 08103/11 435,27405 81.34 3.25% FNMA (Callable 08113110) 3136FHW9 0.12 490,000.00 49059297 0.446% 06 10 0611114 491,53370 940.73 [TOTAL -RESTRICTED INVESTMENTS 042 7,752,02259 7,741.946 59 1.933% 7,776.53060 34584.01 Page 102 CITYO, EGIRARDEAU-LIQUIDITY INVESTMENTS AT JUNE 30,2010 YEARS TO JUN 30, 2010 MATURITY/ 6/30110BOOK 6/30/10BOOK MATURITY MARKET UNREALIZED SECURITY DESCRIPTION CUSIP # CALL PAR VALUE VALUE YIELD PURCHASE DATE DATE NEXT CALL DATE PRICE GAIN (LOSS) LIQUIDITY INVESTMENTS 1.0% FNMA Short-term note (olrzvls MATURITY, GALL 07/29110) STEP UP RATE TO 3.5% 007129 3136FJT68 0.08 500,000.00 499,839.78 1.403% 01/29/10 01/29/15 07/29/10 500,312.50 472.72 2.25% FNMA(02110/16) CALLABLE QTRLY, STEP UP RATE TO 4.25% CO 2/12 AND 6.25% @ 2/14 3136FJ2H3 0.11 500,000.00 500,000.00 2.250% 02/10/10 02/10/16 08/10/10 500,940.00 940.00 2.25% FNMA(02110/16) CALLABLE QTRLY, STEP UP RATE TO 4.25% @ 2/12 AND 6.25%@2/14 3136FJ2H3 0.11 250,000.00 250,000.00 2.250% 02/10/10 02/10/16 08110/10 250,470.00 470.00 L 25% ENMA(U2H 7115) CALLABLE U i RLY, STEP UP RATE TO 4.0%@2/12 3136FJ2T7 0.13 500,000.00 500,000.00 2.250% 02/17/10 02/17/15 08/17/10 501,095.00 1,095.00 2.5% FNMA STEP-UP RATE TO 8.0% @ 5/25/15, MATURITY 1124/15, FIRST CALL 11/24110, CALLABLE QUARTERLY THEREAFTER 3136FMSL9 0.40 500,000.00 500,000.00 2.500% 05/24/10 11/24/15 11/24/2010 503,125.00 3,125.00 AVERAGEITOTALS O 17 2 250 000 00 2,249,839.78 2 293 % 2,255,942.50 6,102.72 EXPECTED CALLS OR MATURITIES BY DATE (DATES IN BOLD TYPE ARE USED) SECURITIES CDS TOTAL JUL-SEP 2010 1,749,839.78 1,919,333.99 3,669,173.77 OCT -DEC 2010 500,000.00 2,006,359.96 2,506,359.96 JAN -MAR 2011 0.00 2,243,743.84 2,243,743.84 APR 2011-JUN2011 0.00 1,877,575.41 1,877,575.41 JUL 2011-SEPT2011 0.00 1,538,044.06 1,538,044.06 OCT 2011 -DEC -2011 0.00 1,640,019.00 1,640,019.00 JAN 2012 -MAR -2012 0.00 2,356,654.12 2,356,654.12 MAR 2012 -JUNE 2012 0.00 2,363,778.88 2,363,778.88 AFTER JUN 2012 0.009,325,121.06 9,325,12L06 2,249,839.78 25,270,630.32 27,520,470.10 Page 1 of 1 CITY OF CAPE GIRARDEAU -LIQUIDITY INVESTMENT ACTIVITY APRIL 1, 2010 TO JUNE 30,2010 YEARSTO BOOKAT SALE/ MATURITY/ TRANSACTION PURCHASED MATURITY SECURITY DESCRIPTION CUSIP# CALL PARVALUE DATE YIELD PURCHASE DATE DATE CALLEDISOLD/TRANSFERRED 5A5%FHLB(042W12M TURITY.0nLLNnwlo) 3133XKKYO 2.06 500,000.00 500,000.00 5.150% 2.125% FHLMC (04/02/12), ONE TIME CALL 04/02/10) 3128XBTC6 2.01 11000,000.00 1,000,000.00 1.957% AVERAGE\TOTALS 2.02 1,500,000.00 1,500,000.00 3.039% MATURED NONE AVERAGE\TOTALS #DIV/01 #DIV/D! PURCHASED 2.59/6 FNMA STEP-UP RATE TO 8.0% @ 5/25/10, MATURITY 11/24/15, FIRST CALL 11124/10, CALLABLE QUARTERLY THEREAFTER 3136FMSL9 2.41 500,000.00 500,000.00 2.500% AVERAGE\TOTALS 2.41 500,000.00 500,000.00 2.500% Page 1 of 1 04/30/07 04/20/12 01/20/10 04/02/12 CALUSALE GAIN(LOSS) PRICE ON CALUSALE 04120/10 500,OOD.00 - 4/2/2010 1,000 000.00 - 1,500,000.00 05/24/10 11/24/15 11/24/2010 CITY OF CAPE GIRARDEAU - CD LIQUIDITY INVESTMENTS AT JUNE 30, 2010 Page 1 of 6 ORIGINAL REMAINING DOCKET TERM TERM FACE AMOUNT PURCHASE MATURITY EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE 57382 FLORIDIAN COMMUNITY BANK DAVIE, FL 730 8 99,000.00 07/08/08 07/08/10 4.200% 902 BANK OF O'FALLON O'FALLON, IL 902 12 89,798.64 01/22/08 07/12/10 4.362% 33978 MIDDLETON COMMUNITY BANK MIDDLETON, WI 912 16 99,000.00 01/16/08 07/16/10 4.450% 27574 GEORGIA BANK & TRUST AUGUSTA, GA 730 16 97,000.00 07/16/08 07/16/10 4.200% 3036 HORIZON BANKS, NA LIMON CO 1097 19 85,354.61 07/18/07 07/19/10 5.280% 1096 PLAZA BANK SEATTLE, WA 1096 27 85,605.19 07/27/07 07/27/10 5.187% 912 EASTERN NATIONAL BANK MIAMI,FL 912 28 99,000.00 01/28/08 07/28/10 3.900% 23998 STATE BANK OF INDIA CALIFORNIA LOS ANGELES, CA 1096 34 85,825.80 08/03/07 08/03/10 5.101% 34516 BANK OF ASHEVILLE ASHVILLE, NC 145 34 99,801.77 03/11/10 08/03/10 0.489% 34699 METROPOLITAN NATIONAL BANK NEW YORK, NY 912 35 99,000.00 02/04/08 08/04/10 3.300% 22769 CAPSTONE BANK TUSCALOOSA, AL 546 36 99,000.00 02/05/09 08/05/10 2,200% 26499 AMERICAN NB OF MINNESOTA BAXTER, MN 763 40 91,840.65 07/07/08 08/09/10 5.101% 1673 FIRST FINANCIAL BANK, USA DUPREE, SD 1086 51 86,245.68 08/30/07 08/20/10 4.983% 57386 THE BANK OF VENICE VENICE, FL 1000 61 88,270.86 12/04/07 08/30/10 4.562% 1673 FIRST FINANCIAL BANK USA DAKOTA DUNES, SD 185 71 49,826.09 03/08/10 09/09/10 0.688% 16049 FLUSHING SAVINGS BANK NEW YORK, NY 1645 72 97,000.00 03/10/06 09/10/10 5.150% 3878 LIBERTY BANK OF ARKANSAS JONESBORO, AR 1096 72 86,382.35 09/10/07 09/10/10 4.885% 58344 FIRST AVENUE NATIONAL BANK OCALA, FL 1096 72 86,382.35 09/10/07 09/10/10 4.885% 34231 RAVENWOODS BK CHICAGO IL 1096 75 97,000.00 09/13/07 09/13/10 5.100% 35053 NORTH COUNTY BANK ARLINGON, WA 1077 82 99,000.00 10/09/07 09/20/10 4.900% 5716 FARMERS & MERCHANTS LAKELAND, GA 1096 83 99,000.00 09/21/07 09/21/10 5.000% 34685 PEOPLES BANK OF COMMERCE MEDFORD, OR 1036 93 87,943.58 11/30/07 10/01/10 4.705% 9846 BRANCH BANKING & TRUST COMPANY WINSTON SALEM, NC 327 98 98,673.98 11/13/09 10/06/10 1.491% 9846 BRANCH BANKING & TRUST COMPANY WINSTON SALEM, NC 300 98 49,391.06 12/10/09 10/06/10 1.500% 916 NATIONAL REPUBLIC BANK OF CHICAGO CHICAGO, IL 214 100 99,539.67 03/08/10 10/08/10 0.787% 57079 WORLDS FOREMOST BANK SIDNEY, NE 732 104 98,000.00 10/10/08 10/12/10 4.400% 32707 CENTENNIAL BANK FOUNTAIN VALLEY, C 220 106 99,526.64 03/08/10 10/14/10 0.787% 32569 AMERCAN HOME BANK CHICAGO, IL 1083 118 87,137.28 11/08/07 10/26/10 4.649% 1187 NATIONAL CITY BANK COUNTRYSIDE, IL 1187 121 84,226.48 07/30/07 10/29/1 D 5.187% 35356 LYDIAN PRIVATE BANK (FKA VIRTUAL) PALM BEACH, FL 1092 124 86,912.96 11/05/07 11/01/10 4.697% 35009 HERITAGE BANK OF FL FUTZ, FL 1089 131 87,195.29 11/15/07 11/08/10 4.601% 16889 UNITED COMMUNITY BANK BLAIRSVILLE, GA 1096 132 97,000.00 11/09/07 11/09/10 4.600% 8118 BANK OF JAMESTOWN JAMESTOWN, KY 1082 132 87,520.69 11/23/07 11/09/10 4.505% 34968 BANCO POPULAR BANK HATO REY, PR 1097 145 97,000.00 11/21/07 11/22/10 4.700% 57703 T BANK DALLAS,TX 1085 149 87,060.23 12/07/07 11/26/10 4.671% 57311 STIFEL BANK AND TRUST ST LOUIS, MO 1088 152 99,000.00 12/07/07 11/29/10 4.500% 31121 CECIL FEDERAL BANK ELKTON, MD 1088 152 87,029.09 12/07/07 11/29/10 4.670% 182 PEOPLES BANK WINDER, GA 1096 153 99,000.00 11/30/07 11/30/10 4.550% 16574 FARMERS & MERCHANTS COMM BANK NEWMAN, GA 1096 156 99,000.00 12/03/07 12/03/10 4.550% 28593 STURGIS BANK AND TRUST COMPANY STURGIS, MI 1097 159 99,000.00 12/05/07 12/06/10 4.500% 15584 MID -MISSOURI BANK SPRINGFIELD, MO 1455 161 81,884.01 12/14/06 12/08/10 5.024% 33954 CAPITAL ONE BANK GLEN ALLEN, VA 1586 170 95,319.00 08/14/06 12/17/10 5.606% 20720 TENNESSEE STATE BANK PIGEON FORGE, TN 1096 173 99,000.00 12/20/07 12/20/10 4.550% 58358 FIRST COMMERCE BANK LAS VEGAS, NV 1126 190 86,985.33 12107/07 01/06/11 4.528% 58521 LARIMER BANK OF COMMERCE FORT COLLINS, CO 1096 191 87,747.98 01/07/08 01/07/11 4.361% 34818 LEGACY BANK MILWAUKEE, WI 1092 191 87,410.72 01/11/08 01/07/11 4.506% 34818 AMERICANS UNITED GLENDALE, CA 1091 194 99,000.00 01/15/08 01/10/11 4.500% Page 1 of 6 CITY OF CAPE GIRARDEAU - CD LIQUIDITY INVESTMENTS AT JUNE 30, 2010 Page i ORIGINAL REMAINING DOCKET TERM TERM FACE AMOUNT PURCHASE MATURITY EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE 58014 SYNOVUS BANK OF JACKSONVILLE JACKSONVILLE, FL 353 197 98,805.53 01/25/10 01/13/11 1.243% 34295 INVESTORS COMMUNITY BANK MANITOWOC, WI 1098 208 99,000.00 01/22/08 01/24/11 4.400% 17748 GORHAM SAVINGS BANK GORHAM, ME 1093 209 98,851.50 01/28/08 01/25/11 4.350% 33938 CAPITOL CITY B& T ATLANTA GA 1790 215 77,807.51 03/08/06 01/31/11 5.128% 55019 CORONADO FIRST BANK CORONADO, CA 1096 215 89,276.98 01/31/08 01/31/11 3.783% 33826 COLUMBIA STATE BANK TACOMA, WA 1096 216 99,000.00 02/01/08 02/01/11 4.050% 24315 COMMUNITY BANK PASADENA, CA 1155 219 86,933.23 12/07/07 02/04/11 4.433% 35141 BMW BANK OF N AMERICA SALT LAKE CITY ,UT 1097 222 97,000.00 02/06/08 02/07/11 3.350% 22528 BANK OF WHITMAN COLFAX, WA 1096 223 99,000.00 02/08/08 02/08/11 3.400% 58014 INDEPENDENT BANK OF AUSTIN AUSTIN, TX 727 225 95,256.73 02/13/09 02/10/11 2.442% 33458 MONONA DRIVE MONONA, WI 1095 233 99,000.00 02/19/08 02/18/11 3.350% 13616 CORYDON STATE BANK CORYDON, IA 1462 236 81,622.79 02/20/07 02/21/11 5.080% 21468 TOTALBANK MIAMI, FL 1099 237 97,000.00 02/19/08 02/22/11 3.300% 34110 QUANTUM NATIONAL BANK SUWANEE, GA 1764 246 93,784.00 05/04/06 03/03/11 5.300% 5649 DISCOVER BANK GREENWOOD, DE 1449 254 97,000.00 03/23/07 03/11/11 5.150% 57968 SONABANK, NA CHARLOTTESVILLE, 1461 257 82,102.53 03/14/07 03/14/11 4.937% 25667 FIRESIDE BANK PLEASANTON, CA 1814 258 96,159.01 03/27/06 03/15/11 5.200% 58148 LCA BANK CORP PARK CITY, UT 1096 271 98,000.00 03/27/08 03/28/11 3.850% 35230 EVERGREEN COMMUNITY BANK EVERGREEN PARK, It 1095 271 99,000.00 03/28/08 03/28/11 3.750% 33891 WASHINGTON MUTUAL BANK PARK CITY, UT 1095 274 98,000.00 03/31/06 03/31/11 3.800% 953 BANKERS TRUST COMPANY DES MOINES, IA 1094 275 97,000.00 04/02/08 04/01/11 3.800% 34775 BOSTON PRIVATE B&T BOSTON, MA 1092 278 98,000.00 04/07/08 04/04/11 3.850% 57646 FIRSTIER BANK LOUISVILLE, CO 1826 287 77,061.61 04/13/06 04/13/11 5.220% 34775 EVERBANK JACKSONVILLE, FL 1461 292 97,000.00 04/18/07 04/16/11 5.000% 14883 COMMUNITY STATE BANK AVILLIA, IN 1095 292 99,000.00 04/18/08 04/18/11 3.650% 30387 FIRSTBANK OF PUERTO RICO SANTURCE, PR 1095 299 99,000.00 04/25/08 04/25/11 4.000% 3248 FIRST NB OF HEBBRONVILLE HEBBRONVILLE, TX 1814 300 99,000.00 05/08/06 04/26/11 5.350% 33433 COMMERCE NATIONAL BANK WORTHINGTON, OH 1826 306 77,784.30 05/02/06 05/02/11 5.032% 13397 BANK OF UTICA UTICA, NY 1244 308 85,814.92 12/07/07 05/04/11 4.497% 35100 PARAGON COMMERCIAL BANK RALEIGH, NO 1095 313 99,000.00 05/09/08 05/09/11 4.000% 35296 TENNESSEE COMMERCE BANK FRANKLIN, TN 819 313 95,092.45 02/09/09 05/09/11 2.245% 34353 CRESTMARK BANK TROY, MI 665 314 96,995.79 07/14/09 05/10/11 1.675% 16110 BUTTE STATE BANK BUTTE, NE 665 314 96,995.79 07/14/09 05/10/11 1.675% 27447 FOSTER BANK CHICAGO, IL 704 317 95,487.74 06/08/09 05/13/11 2.396% 27447 FOSTER BANK CHICAGO, IL 700 317 95,512.23 06/12/09 05/13/11 2.397% 26798 HOME SAVINGS BANK SALT LAKE CITY, UT 1824 341 76,830.58 06/08/06 06/06/11 5.286% 15728 DAKOTA COMMUNITY BANK, NA HEBRON, ND 1826 351 99,000.00 06/16/07 06/16/11 5.500% 4392 INTEGRA BANK NATL ASSOC EVANSVILLE, IN 1092 355 97,000.00 06/23/08 06/20/11 4.150% 15229 FIRST BUSINESS BANK MADISON, WI 1826 365 99,000.00 06/30/06 06/30/11 5.450% 30996 CENLAR FSB TRENTON, NJ 1087 365 97,000.00 07/08/08 06/30/11 4.450% 25888 FIRST FINANCIAL BANK SOUTHLAKE, TX 1826 372 99,000.00 07/07/06 07/07/11 5.600% 10491 FREEDOM SECURITY BANK CORAVILLE, IA 1826 372 76,180.54 07/07/06 07/07/11 5.451% 3832 OLD NATIONAL BANK EVANSVILLE, IN 1095 376 97,000.00 07/11/08 07/11/11 4.550% 57554 TRADITIONS BANK CULLMAN, AL 1097 383 99,000.00 07/16/08 07/18/11 4.400% 58009 LEHMAN COMMERCIAL BANK SALT LAKE CITY ,UT 1823 386 97,000.00 07/24/06 07/21/11 5.600% 15820 RED RIVER STATE BANK HALSTAD, MN 1823 390 99,000.00 07/28/06 07/25/11 5.600% 31445 MACON BANK INC FRANKLIN NO 913 397 94,225.53 01/30/09 08/01/11 2.380% Page i CITY OF CAPt vIRARDEAU - CO LIQUIDITY INVESTMENTS AT JUNE 30, 2010 Page 3 of 6 ORIGINAL REMAINING DOCKET TERM TERM FACE AMOUNT PURCHASE MATURITY EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE 35479 MARINERS BANKCORP EDGEWATER, NJ 1270 404 99,000.00 02/15/08 08/08111 3.500°! 58651 SETTLERS BANK DE FOREST, WI 1127 404 87,563.16 07/07/08 08/08/11 4.309% 34059 M & T BANK N.A. OAKFIELD, NY 1127 404 87,563.16 07/07/08 08/08/11 4.309% 35031 FREEDOM FINANCIAL BANK WEST DES MOINES, 1 1277 421 99,000.00 02/25/08 08/25/11 3.700% 34182 FIRST BANK MIAMI, FL 1822 428 99,000.00 09/05/06 09/01/11 5.450% 57369 US CENTURY BANK MIAMI, FL 1827 433 77,001.44 09/05/05 09/06/11 5.233% 57974 SAIGON NATIONAL BANK WESTMINISTER, CA 1819 441 78,007.98 09/21/06 09/14/11 4.994% 35011 INTERVEST NB NEW YORK CITY, NY 1461 447 96,660.50 09/20/07 09/20/11 5.045% 35253 DESERT COMMUNITY BANK LAS VEGAS, NV 1826 453 76,247.37 09/26/06 09/26/11 5.418% 34548 NEIGHBORHOOD NATIONAL BANK SAN DIEGO, CA 1821 454 76,594.38 10/02/06 09/27/11 5.357% 29930 MIDSTATE FSLA BALTIMORE MD 1823 460 76,571.77 10/06/06 10/03/11 5.365% 58823 CAPSTAR BANK NASHVILLE, TN 513 463 98,327.80 05/11/10 10/06/11 1.200% 29056 FIRST FEDERAL SAVINGS BANK EVANSVILLE, IN 972 468 93,675.22 02/11/09 10/11/11 2.376% 33143 COUNTRYWIDE BANK FSB ALEXANDRAI, VA 1455 476 82,324.70 10/25/07 10/19/11 4.689% 32649 WORTHINGTON FEDERAL BANK HUNTSVILLE, AL 1276 485 99,000.00 04/30/08 10/28/11 4.000% 57251 THE BANK OF SOUTHERN CONNECTICUT NEW HAVEN, CT 1819 489 76,578.99 11/08/06 11/01/11 5.366% 34304 RIVER CITIES BANK WISCONCIN RAPIDS, 1279 490 99,000.00 05/02/08 11/02/11 4.000% 1018 SOUTHWEST BANK OF ST LOUIS ST LOUIS, MO 1454 502 97,000.00 11/21/07 11/14/11 4.750% 28923 M & I BANK FSB LAS VEGAS, NV 1454 502 97,000.00 11/21/07 11/14/11 4.750% 57688 INDEPENDENCE BANK NEWPORT BEACH, C, 1279 502 99,000.00 05/14/08 11/14111 4.250% 8129 PEOPLE'S BK AND TRUST OWENTON, KY 1095 516 95,000.00 11/28/06 11/28/11 4.350% 57815 BBU BANK CORAL GABLES, FL 1081 516 88,471.12 12/12/08 11/28/11 4.143% 17438 FIRST NATIONAL BANK OF AMERICA EAST LANSING, MI 1449 518 97,000.00 12/12/07 11/30/11 4.600% 32536 STERLING BANK LANTANA, FL 1459 523 83,204.26 12/07/07 12/05/11 4.609% 21292 PEOPLES SOUTH BANK DOTHAN, AL 1823 530 78,186.45 12/15/06 12/12/11 4.937% 58259 FNB OF MICHIGAN KALAMAZOO, MI 1461 530 97,000.00 12/12/07 12/12/11 4.550% 35542 CENTERBANK OF JACKSONVILLE JACKSONVILLE, FL 1826 533 99,000.00 12/15/06 12/15/11 5.000% 6560 HUNTINGTON NB COLUMBUS, OH 1441 539 83,478.69 01/10/08 12/21/11 4.583% 9665 KAW VALLEY BANK TOPEKA, KS 902 552 188,538.31 07/15/09 01/03/12 2.390% 27076 WACHOVIA MTG FSB LAS VEGAS, NV 1461 558 97,000.00 01/09/08 01/09/12 4.600% 182 WACHOVIA BANK HOUSTON, TX 1461 558 97,000.00 01/09/08 01/09/12 4.600% 35296 TENNESSEE COMMERCE BANK FRANKLIN, TN 642 558 48,714.74 04/07/10 01/09/12 1.481% 32907 THE MORRIS PLAN COMPANY TERRE HAUTE, IN 1096 559 91,091.27 01/09/09 01/10/12 3.114% 5962 SUTTON BANK ATTICA, OH 1461 565 99,000.00 01/16/08 01/16/12 4.550% 34340 IRONSTONE BANK FORT MEYERS, FL 1462 566 97,000.00 01/16/08 01/17/12 4.550% 16022 NEW YORK COMMUNITY BANK WESTBURY, NY 721 566 96,714.05 01/26/10 01/17/12 1.693% 35139 SEATTLE SAVINGS BANK SEATLE, WA 1096 572 99,000.00 01/22/09 01/23/12 3.200% 21978 FRONTIER STATE BANK OKLAHOMA CITY, OK 1092 572 91,237.86 01/26/09 01/23/12 3.069% 4360 HORIZON BANK, NA MICHIGAN CITY, IN 1095 586 99,000.00 02/06/09 02/06/12 2.800% 27226 COUNTRY BANK NEW YORK, NY 1453 587 95,930.09 02/15/08 02/07/12 3.500% 33823 CAPITAL COMMUNITY BANK PROVO, UT 1097 587 99,000.00 02/05/09 02/07/12 2.850% 2138 QUEENSBORO NB LOUISVILLE, GA 1461 588 98,633.70 02/08/08 02/08/12 4.100% 5820 STATE CENT BANK KEOKUK, 10 1453 601 95,057.09 02/29/08 02/21/12 3.550% 5033 DART FINANCIAL MASON, MI 1097 601 99,000.00 02/19/09 02/21/12 2.850% 23623 THE WASHINGTON TRUST COMPANY OF WESTERLY, RI 1095 603 97,000.00 02/23/09 02/23/12 2.750% 27499 WORLD FINL NETWORK BK COLUMBUS, OH 1097 614 100,000.00 03/04/09 03/05/12 3.0500/. 1827 GLOUCESTER COUNTY FSB SEWELL, NJ 1827 615 77,737.01 03/07/07 03/07/12 5.042% Page 3 of 6 CITY OF CAPE GIRARDEAU - CD LIQUIDITY INVESTMENTS AT JUNE 30, 2010 Page 3 ORIGINAL REMAINING DOCKET TERM TERM FACE AMOUNT PURCHASE MATURITY EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE 34780 BB&T FINANCIAL COLUMBUS, GA 1097 621 98,000.00 03/11/09 03/12/12 3.000% 9846 BRANCH BANKING & TRUST WINSTON-SALEM NO 1097 621 96,000.00 03/11/09 03/12/12 3.000% 10212 COMMERCE BANK GENEVA, MN 1094 625 97,000.00 03/18/09 03/16/12 2.750% 57038 NICOLET NATIONAL BANK GREEN BAY ,WI 1459 628 99,000.00 03/21/08 03/19/12 4.000% 57803 GMAC BANK MIDVALE, UT 1096 636 98,000.00 03/27/09 03/27/12 3.000% 19861 YADKIN VALLEY B&T DURHAM, SC 1097 642 99,000.00 04/01/09 04/02/12 2.600% 29209 NEXBANK DALLAS, TX 1095 642 98,000.00 04/02/09 04/02/12 2.750% 3661 UNION NATIONAL B&TC ELGIN, IL 1096 643 99,000.00 04/03/09 04/03/12 2.650% 57192 GOGEBIC RANGE BANK BESSEMER MI 1096 649 99,000.00 04/09/09 04/09/12 2.500% 20408 BANKOF COMMONWEALTH NORFOLK, VA 1097 656 99,000.00 04/15/09 04/16/12 2.500% 22087 FRANKLIN TEMPLETON B&T SALT LAKE CITY, UT 1461 658 99,000.00 04/18/08 04/18/12 4.000% 12815 HOME STATE BANK CRYSTAL LAKE, IL 1098 677 92,616.80 05/05/09 05/07/12 2.552% 14266 NATIONAL BANK COMMERCE SUPERIOR, WI 1461 679 99,000.00 05/09/08 05/09/12 4.250% 4063 MIDFIRST OKLAHOMA CITY, OK 1097 684 96,000.00 05/13/09 05/14/12 3.050% 35296 TENNESSEE COMMERCE BANK FRANKLIN TN 1033 684 99,000.00 07/16/09 05/14/12 2.500% 15675 CITIZENS BANK & TRUST CAMPBELLSVILLE, Kl 883 687 142,191.50 12/16/09 05/17/12 2.212% 29910 SCOTTSBURG BUILDING & LOAN SCOTTSBURN, IN 1625 692 81,679.69 12/10/07 05/22/12 4.554% 57521 GEORGIA COMMERCE BANK ATLANTA, GA 727 699 145,451.58 06/02/10 05/29/12 1.547% 6636 THE VINTON COUNTY NATIONAL BANK MCARTHUR, OH 727 699 242,653.64 06/02/10 05/29/12 1.498% 05649 DISCOVER BANK GREENWOOD, DE 917 706 47,722.03 12/01/09 06/05/12 1.857% 57529 CAPMARK BANK MIDVALE, UT 1097 712 144,000.00 06/10/09 06/11/12 3.050% 57529 CIT BANK SALT LAKE CITY UT 1097 712 145,000.00 06/10/09 06/11/12 3.050% 3510 BANK OF AMERCIA NEW YORK, NY 914 712 50,000.00 12/10/09 06/11/12 2.550% 27314 INVESTORS COMMUNITY BANK MANITOWOC, WI 914 712 97,000.00 12/10/09 06/11/12 1.750% 28994 FIRST FEDERAL OF CHARLESTON CHARLESTON, SC 914 712 143,702.68 12/10/09 06/11/12 1.714% 867 SUN TRUST BANK ATLANTA, GA 791 726 144,760.96 04/26/10 06/25/12 1.642% 5485 FIRST NB VALENTINE VALENTINE, NE 1827 734 76,853.33 07/03/07 07/03/12 5.271% 05649 DISCOVER BANK GREENWOOD, DE 1096 737 92,629.25 07/06/09 07/06/12 2.553% 32633 WASHINGTON MUTUAL BANK THE COLONY, TX 1826 743 76,247.37 07/13/07 07/12/12 5.433% 34102 SUMMIT COMMUNITY BANK MOOREFIELD, WV 1218 747 91,010.46 03/16/09 07/16/12 2.670% 33778 GE CAPITAL FINANCIAL, INC HOLLADAY, UT 1096 747 149,000.00 07/16/09 07/16/12 2.550% 1673 FIRST FINANCIAL BANK DUPREE, SD 1092 747 92,609.74 07/20/09 07/16/12 2.569% 24334 ROCKY MOUNTAIN BANK WILSON, WY 1097 754 200,000.00 07/22/09 07/23/12 2.550% 58457 TRISTATE CAPITAL BANK PITTSBURGH, PA 1096 754 92,474.92 07/23/09 07/23/12 2.608% 58457 TRISTATE CAPITAL BANK PITTSBURGH, PA 1092 754 92,500.32 07/27/09 07/23/12 2.609% 4392 INTEGRA BANK NATIONAL ASSOC WILSON, WY 1097 761 100,000.00 07/29/09 07/30/12 2.550% 34519 MERRICK BANK SOUTH JORDAN, UT 1106 770 232,068.43 07/29/09 08/08/12 2.459% 34617 STATE FARM BANK BLOOMINGTON, IL 854 782 144,914.12 04/19/10 08/20/12 1.475% 32916 INLAND COMMUNITY BANK RIALTO, CA 1820 786 97,000.00 08/31/07 08/24/12 5.250% 16218 TEXAS STAR BANK LOTT, TX 1822 792 78,000.95 09/04/07 08/30/12 4.988% 32707 CENTENNIAL BANK FOUNTAIN VALLEY, C 1827 803 78,197.99 09/10/07 09/10/12 4.923% 27499 WORLD FINL NETWORK SK COLUMBUS, OH 1097 803 100,-000.00 09/09/09 09/10/12 2.500% 26799 EVABANK EVA,AL 1824 807 99,000.00 09/17/07 09/14/12 5.100% 33492 CRESENT B&T NEW ORLEANS, LA 882 811 158,091.90 04/20/10 09/18/12 1.792% 34533 FIRST COMMUNITY BATESVILLE, AR 1280 820 99,000.00 03/27/09 09/27/12 2.850% 12781 HOMETOWN BANK ST CLOUD, WI 1279 825 90,740.04 04/02/09 10/02/12 2.776% 57485 GOLDMAN SACHS BANK SALT LAKE CITY ,UT 1808 826 97,000.00 10/22/07 10/03/12 5.000% Page 3 CITY OF CAPE GIRARDEAU - CD LIQUIDITY INVESTMENTS AT JUNE 30, 2010 Page 5 of 6 ORIGINAL REMAINING DOCKET TERM TERM FACE AMOUNT PURCHASE MATURITY EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE 4214 BANK OF OKLAHOMA TULSA, OK 1439 845 83,948.28 11/13/08 10122/12 4.446% 22087 FRANKLIN TEMPLETON B&T SALT LAKE CITY, UT 1056 845 93,355.73 12/01/09 10/22/12 2.379% 17534 KEY BANK CLEVELAND, OH 1826 847 77,963.29 10/25/07 10/24/12 4.986% 3510 BANK OF AMERICA NEW YORK, NY 1070 859 92,867.28 12/01/09 11/05112 2.560% 33989 APPALACHICAN COMMUNITY BANK ELLIJAY, GA 1825 862 76,901.91 11/10/07 11/08/12 4.749% 6672 FIFTH THIRD BANK DAYTON, OH 1455 880 84,416.70 12/02/08 11/26/12 4.275% 27471 AMERICAN EXPRESS BANK UTAH 1097 887 49,000.00 12/02/09 12/03/12 2.350% 27314 GE MONEY SALT LAKE CITY ,UT 1096 888 147,000.00 12/04/09 12/04/12 2.350% 2711 TRADITIONAL BANK MOUNT STERLING, K 1204 889 91,655.48 08/19/09 12/05/12 2.644% 30544 MARQUETTE SAVINGS BANK ERIE, PA 903 894 95,850.21 06/21/10 12/10/12 1.714% 30544 MARQUETTE SAVINGS BANK ERIE, PA 910 895 99,000.00 06/15/10 12/11/12 1.600% 11971 BAR HARBOR B&T BAR HARBOR, ME 1372 901 89,413.00 03/16/09 12/17/12 2.981% 33664 STATE BANK OF INDIA CHICAGO, IL 1807 903 97,000.00 01/08108 12119/12 4.700% 6672 FIFTH THIRD BANK CINCINNATI, OH 1090 929 93,546.80 01/20/10 01/14/13 2.236% 1020 MARSHALL & ISLEY MILWAUKEE, WI 1826 931 97,000.00 01/17/08 01/16/13 4.600% 58095 IDAHO FIRST BANK MCCALL, ID 1821 932 81,054.58 01/23/08 01/17/13 4.218% 33959 NATBANK NATL ASSOC HOLLYWOOD, FL 1035 937 93,603.30 01/20/10 01/22/13 2.333% 16650 MARKLE BANK MARKLE, IN 1827 937 80,997.44 01/22/08 01/22/13 4.218% 33959 NATBANK NATL ASSOC HOLLYWOOD, FL 1098 937 139,860.40 01/20/10 01/22/13 2.203% 33933 DRYADES SAVINGS BANK NEW ORLEANS, LA 1089 937 92,929.83 01/29/10 01/22/13 2.460% 1650 PEOPLE'S BK OF OZARKS NIXA, MO 2169 938 94,546.87 02/15/07 01/23/13 5.300% 33778 GE CAPITAL FINANCIAL, INC SALT LAKE CITY, UT 1827 951 99,000.00 02/05/08 02/05/13 4.000% 5287 FIRST BANKING CENTER BURLINGTON, WI 1827 961 99,000.00 02/15/08 02/15/13 4.000% 19849 COMMUNITY SOUTH BANK PARSONS, TN 1816 974 99,000.00 03/10/08 02/28/13 4.000% 19899 KANSAS STATE BK OF MANHATTAN MANHATTAN, KS 1096 975 95,000.00 03/01/10 03/01/13 2.000% 32551 FIRST TRADE UNION BANK BOSTON, MA 1369 978 88,689.96 06/04/09 03/04/13 3.204% 19899 KANSAS STATE SK OF MANHATTAN MANHATTAN, KS 1093 979 95,000.00 03/08/10 03/05/13 2.000% 27006 AMERICAN CHARTERED BANK SCHAUMBURN, IL 1826 981 97,000.00 03/07/08 03/07/13 4.300% 4297 CAPITAL ONE, NATIONAL BANK MCLEAN, VA 1826 993 97,000.00 03/19/08 03/19/13 4.300% 11301 MERCANTILE BANK QUINCY, IL 1826 999 99,000.00 03/25/08 03125113 4.100% 10073 FIRST STATE BANK & TRUST CO VALDOSI VLDOSTA, GA 1107 1000 110,916.99 03/15/10 03/26/13 2.000% 34380 BREMER BANK NA FARGO, ND 1461 1001 97,000.00 03/27/09 03/27/13 3.200% 2055 BREMER BANK NA GRAND FORKS, ND 1461 1001 97,000.00 03/27/09 03/27/13 3.200% 35329 BEACON FEDERAL EAST SYRACUSE, NY 1459 1002 99,000.00 03/30/09 03/28/13 3.000% 3661 UNION NATIONAL B&TC ELGIN, IL 1085 1006 99,000.00 04/12/10 04/01/13 2.000% 4053 MIDFIRST BANK OKLAHOMA CITY, OK 1092 1013 99,000.00 04/12/10 04/08/13 2.000% 58515 SAVANNAH RIVER BANKING CO AUGUSTA, GA 1096 1014 94,334.75 04/09/10 04/09/13 1.944% 57803 ALLY BANK MIDVALE, UT 1096 1014 147,000.00 04/09/10 04/09/13 2.050% 35141 BMW BANK OF NORTH AMERICA SALT LAKE CITY, UT 1096 1014 148,000.00 04/09110 04/09/13 2.000% 27090 PACIFIC STATE BAK STOCKTON, CA 1461 1020 99,000.00 04/15/09 04/15/13 2.750% 19861 YADKIN VALLEY B&T ELKIN, NO 1086 1021 140,981.43 04/26/10 04/16/13 2.086% 26359 FIRST COMMERCIAL BANK BIRMINGHAM, AL 1096 1027 100,000.00 04/22/10 04/22/13 2.000% 35260 REPUBLIC BANK, INC BOUNTIFUL, UT 1463 1048 99,000.00 05/11/09 05/13/13 3.150% 10073 FIRST STATE B&T CO OF VALDOSTA VADOSTA, GA 1096 1063 99,000.00 05/28/10 05/28/13 1.700% 33812 AMERICAN NATIONAL BANK APPLETON, WI 1277 1076 92,853.11 12/11/09 06/10/13 2.121% 14028 FIRST GUARANTY BANK HAMMOND, LA 1091 1076 235,897.83 06/15/10 06/10/13 1.944% 3510 PRESIDIO BANK SAN FRANCISCO, CA 1097 1083 248,000.00 06/16/10 06/17/13 1.800% Page 5 of 6 CITY OF CAPE GIRARDEAU - CD LIQUIDITY INVESTMENTS AT JUNE 30, 2010 AVERAGE\TOTALS 1238 599 25,270,630.32 CURRENT BOOK YIELD 3.237% PURCHASEDYI ELD 3.7780;o MATURITIES BY DATE JUL - SEP 2010 1,919,333.99 OCT - DEC 2010 ORIGINAL REMAINING 2,243,743.84 APR -JUN 2011 1,877,575.41 JUL - SEP 2011 DOCKET OCT - DEC 2011 1,540,019.00 TERM TERM FACE AMOUNT PURCHASE MATURITY EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE 35329 FIRST FEDERAL BANK OF THE MI DEFIANCE, OH 1127 1090 235,049.43 05/24/10 06/24/13 1.999% 57529 CAPMARK BANK MIDVALE, UT 1826 1105 97,000.00 07/09/08 07/09/13 5.000% 11405 BYRON BANK BYRON CENTER, M) 1826 1114 97,000.00 07/18/08 07/18/13 4.900% 27314 GE MONEY BANK SALT LAKE CITY, UT 1826 1147 97,000.00 08/20/08 08/20/13 5.000% 34589 UNION FIRST MARKET BANK RICHMOND, VA 1183 1155 187,482.43 06/02/10 08/28/13 1.996% 35328 AMERICAN EXPRESS BANK SALT LAKE CITY, UT 1461 1237 100,000.00 11/18/09 11/18/13 2.750% 3510 BANK OF AMERICA NEW YORK, NY 1449 1237 99,000.00 11/30109 11/18/13 3.100% 58177 SALLIE MAE MURRAY, UT 1826 1254 97,000.00 12/05/06 12/05/13 5.000% 35328 AMERICAN EXPRESS BANK SALT LAKE CITY ,UT 1817 1259 97,000.00 12/19/08 12/10/13 4.800% 35328 AMERICAN EXPRESS CENTURION SALT LAKE CITY ,UT 1817 1259 97,000.00 12/19/08 12/10/13 4.800% 35575 CIT BANK SALT LAKE CITY, UT 1826 1266 97,000.00 12/17/08 12/17/13 4.150% 58978 ONE WEST BANK PASADENA, CA 1461 1301 90,409.98 01/21/10 01/21/14 2.521% 57203 BARCLAYS BANK DELAWARE WILMINGTON, DE 1461 1307 100,000.00 01/27/10 01/27/14 2.450% 16049 FLUSHING SAVINGS BANK FLUSHING, NY 1461 1407 99,000.00 05/07/10 05/07/14 2.250% SUNTRUST (4% TIL 05/28/12 THEN 100BPOVER 3YR LIBOR AND CALLABLE 867 EACH THREE MONTHS) ATLANTA, GA 1626 1428 98,000.00 05/28/09 05/28/14 4.000% 12982 THE CITIZENS BANKING COMPANY SANDUSKY, OH 1645 1440 99,000.00 12/07/09 06/09/14 2.750% 10015 SECURITY BANK NEW AUBURN, WI 1826 1477 100,000.00 07/16/09 07/16/14 3.250% 15820 RED RIVER STATE BANK HALSTAD, MN 1746 1548 86,188.37 12/14/09 09/25/14 3.111% 30878 BAR HARBOR BAR HARBOR, ME 1807 1651 86,066.86 01/25/10 01/06/15 3.035% AVERAGE\TOTALS 1238 599 25,270,630.32 CURRENT BOOK YIELD 3.237% PURCHASEDYI ELD 3.7780;o MATURITIES BY DATE JUL - SEP 2010 1,919,333.99 OCT - DEC 2010 2,006,359.96 JAN - MAR 2011 2,243,743.84 APR -JUN 2011 1,877,575.41 JUL - SEP 2011 1,538,044.06 OCT - DEC 2011 1,540,019.00 JAN - MAR 2012 2,356,654.12 APR -JUN 2012 2,363,778.88 AFTER JUN 2012 9,325,121.06 TOTALS 25,270,630.32 Page CITY OF CAPE uIRARDEAU - CD LIQUIDITY INVESTMENT ACTIVITY APRIL 1, 2010 TO JUNE 30, 2010 ORIGINAL REMAINING DOCKET TERM TERM FACE PURCHASE MATURITY EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE MATURITIES 13580 UNION BANK OF BLAIR EITZEN, MN 1091 5 86,226.48 04/10/07 04/05/10 4.968% 1673 FIRST FINANCIAL BANK USA DAKOTA DUNES, SO 30 7 49,826.09 03/08/10 04/07/10 0.630% 10980 EITZEN STATE BANK EITZEN, MN 1092 9 86,173.52 04/13/07 04/09/10 4.984% 5598 TROY B & T TROY, AL 1098 12 86,101.41 04/10/07 04/12/10 4.985% 14269 CITIZENS STATE BANK MARYSVILLE, KS 1098 12 86,226.48 04/10/07 04/12/10 4.936% 33618 VIKING COMMUNITY BANK SEATTLE, WA 1097 19 86,259.67 04/18/07 04/19/10 4.928% 32606 UNIVERSITY NATL BANK OF LAWRENCE LAWRENCE, KS 1096 30 86,125.44 04/30/07 04/30/10 5.017% 1029 FIRST NB EDINBURG EDINBURG, TX 1029 51 86,239.20 07/27/07 05/21/10 5.526% 3405 SAN ANTONIO NATIONAL BANK REFUGIO, TX 912 58 99,000.00 11/28/07 05/28/10 4.550% 57597 NEW CITY BANK CHICAGO, 1L 910 62 89,311.94 12/04/07 05/01/10 4.542% 18584 COMMERCIAL BANK ALMA MI 912 65 99,000.00 12/05/07 06/04/10 4.500% 58308 HAVEN TRUST BANK ST AUGUSTINE, FL 913 68 98,881.20 12/07/07 06/07/10 4.500% 34953 NORTHPOINTE BANK GRAND RAPIDS, MI 915 75 99,000.00 12/12/07 06/14/10 4.500% 57252 FIRST CHATHAM BANK SAVANNAH, GA 913 75 99,000.00 12/14/07 06/14/10 4.450% 13155 GOLD BANK LEAWOOD, KS 1826 82 99,000.00 06/21/05 06/21/10 4.600° AVERAGE\TOTALS 1026 45 1,336,371.43BOOK YIELDDYIE@ 6/30/10 4.%629 % PURCHAS ELD 4.772% CALLS & SALES 33535 ADVANTA BANK CORP DRAPER, UT 1096 649 99,000.00 01/08/09 01/09/12 2.900% AVERAGE\TOTALS 1096 649 99.000.00BOOK YIELD @ 6/30/10 2.900% PURCHASED YIELD 2.900% FDIC ACTIONS 32185 R•G PRIEMER BANK OF PUERTO RICO HATO REY, PR 1826 433 95,000.00 06/07/06 06/07/11 5.500% 31027 WESTERN BANK PR MAYATUEZ, PR 1826 875 97,000.00 08/23/07 08/22/12 5.250% 35114 SATILLA COMMUNITY BANK ST. MARYS, GA 1155 513 99,000.00 06/27/08 08/26/11 4.300% 1598 608 291,000.00 rR50K YIELD @ 6/30/10 5.035% -1 PURCHASED YIELD 5.110% Page 1 of 2 CITY OF CAPE GIRARDEAU - CO LIQUIDITY INVESTMENT ACTIVITY APRIL 1, 2010 TO JUNE 30. 2010 ORIGINAL REMAINING DOCKET TERM TERM FACE PURCHASE MATURI"Y EFFECTIVE NO. FINANCIAL INSTITUTION NAME LOCATION (DAYS) (DAYS) AMOUNT DATE DATE CD RATE NEW PURCHASES 35296 TENNESSEE COMMERCE BANK FRANKLIN, TN 642 558 48,714.74 04/07/10 01/09/12 1.481% 58515 SAVANNAH RIVER BANKING CO AUGUSTA, GA 1096 1014 94,334.75 04/09/10 04/09/13 1.944% 57803 ALLY BANK MIDVALE, UT 1096 1014 147,000.00 04/09/10 04/09/13 2.050% 35141 BMW BANK OF NORTH AMERICA SALT LAKE CITY, UT 1096 1014 148,000.00 04/09/10 04/09/13 2.000% 3661 UNION NATIONAL B&TC ELGIN, IL 1085 1006 99,000.00 04/12/10. 04/01/13 2.000% 4063 MIDFIRST BANK OKLAHOMA CITY, OK 1092 1013 99,000.00 04/12/10 04/08/13 2.000% 34617 STATE FARM BANK BLOOMINGTON, IL 854 762 144,914.12 04/19/10 08/20/12 1.475% 33492 CRESENT B&T NEW ORLEANS, LA 882 811 158,091.90 04/20/10 09/18/12 1.792% 26359 FIRST COMMERCIAL BANK BIRMINGHAM, AL 1096 1027 100,000.00 04/22/10 04/22/13 2.000% 867 SUN TRUST BANK ATLANTA, GA 791 725 144,760.96 04/26/10 06/25/12 1.642% 19861 YADKIN VALLEY B&T ELKIN, NO 1086 1021 140,981.43 04/26/10 04/16/13 2.086% 16049 FLUSHING SAVINGS BANK FLUSHING, NY 1461 1407 99,000.00 05/07/10 05/07/14 2.250% 58823 CAPSTAR BANK NASHVILLE, TN 513 463 98,327.80 05/11/10 10/06/11 1.200% 35329 FIRST FEDERAL BANK OF THE MI DEFIANCE, OH 1127 1090 235,049.43 05/24/10 06/24/13 1.999% 10073 FIRST STATE B&T CO OF VALDOSTA VADOSTA, GA 1096 1063 99,000.00 05/28/10 05/28/13 1.700% 57521 GEORGIA COMMERCE BANK ATLANTA, GA 727 699 145,451.58 06/02/10 05/29/12 1.547% 6636 THE VINTON COUNTY NATIONAL BANK MCARTHUR, OH 727 699 242,853.64 06/02/10 05/29/12 1.498% 34589 UNION FIRST MARKET BANK RICHMOND, VA 1183 1155 187,482.43 05/02/10 08/28/13 1.996% 30544 MARQUETfE SAVINGS BANK ERIE, PA 910 895 99,000.00 06/15/10 12/11/12 1.600% 14028 FIRST GUARANTY BANK HAMMOND, LA 1091 1076 235,897.83 06/15/10 06/10/13 1.944% 3510 PRESIDIO BANK SAN FRANCISCO, CA 1097 1083 248,000.00 06/16/10 06/17/13 1.800% 30544 MARQUETTE SAVINGS BANK ERIE, PA 903 894 95,850.21 06/21/10 12/10/12 1.714% AVERAGE\TOTALS 994 947 3110,510.82 CU RRENT BOOK YIELD 1.859% PURCHASED YI ELD 1.858% Pagr f 2 3.40% 3.20% 3.00% 2.80% 2.60% 2.40% 2.20% 2.00% 1.40% 1.20% 1.00% 0.80% 0.60% 0.40% 0.20% 0.00% Treasury Yield Curve Analysis 90 Day 180 Day 1 Yr Term 2 Yr 3 Yr 5 Yr 7 Yr 3.28% 2.55% 2.42% 2.27% s -4-6i3°/D 1.55% 4°o — --- �I.02%— .0p �D -7M-12/31 /2009 .53% 0 -3/31/2010 824°1x— 4 °--------- - — —/a-6/30/2010 0.16% % __,______—______ 0.18%U.ZU —e>-8/03/2010 ° 0.27% 0 0.20% 90 Day 180 Day 1 Yr Term 2 Yr 3 Yr 5 Yr 7 Yr 3.00% 2.80% 2.60% 2.40% 2.20% 2.00% 1.80% 1.60% i' 1.40% 1.20% 1.00% 0.80% 0.60% 0.40- 0.20% 0.00% Treasury Yield Curve vs Our Portfolio V. I V /V 90 Day 180 Day 1 Yr 2 Yr 3 Yr 5 Yr 7 Yr Term --*-6/30/2010 2.42% 1.79% 2.293% Liquidity Investments 1.17 Year Average Maturity 1.00% 1.933% Restricted Investments _ 1.42 Year Average Maturity 1 0.61% __ 0 320_ 3.237% Liquidity - CDs 0.22% 1.64 Year Average Maturity V. I V /V 90 Day 180 Day 1 Yr 2 Yr 3 Yr 5 Yr 7 Yr Term --*-6/30/2010 MINUTES HISTORIC PRESERVATION COMMISSION City of Cape Girardeau PO Box 617 Cape Girardeau, MO 63702-0617 August 18, 2010 6:30 p.m. Work Session DRAFT The Historic Preservation Commission held a work -session at 6:30 p.m. on June 16, 2010 at City Hall, 401 Independence Street, followed by the regularly scheduled meeting of the Historic Preservation Commission at 7:00 p.m. Members Present: Scott I-Iouse — Chairman, Bill Eddleman — Vice -Chairman, Patti House — Secretary, Donna Grantham, Richard Withers, Sharon Giebler, Wayne Bowen, and Robert Komorech Members Absent: Charlotte Slinkard Staff Present: Richard Reinhardt Chairman Scott House called the work -session to order at 6:30 p.m. Civil War Sesquicentennial. The Commission discussed the column in the Southeast Missourian. Eddleman mentioned some of the newspapers that were around at the time of the Civil War. Chairman Scott House mentioned that one of things to write about includes biographies of local people during the war. The column in the Southeast Missourian can start in October with a story about the election campaign and then in November there can be a column on the election of Abraham Lincoln. Patty House suggested doing biographies or stories on people buried in armor. It was noted that the contact at the Southeast Missourian is Kris Harris. 2. Original Treasures. Sharon Giebler and Donna Grantham reported on Original Treasures. Two of the property owners, Jack Behrens of 1450 Good Hope Street and Robert Sides of 1427 Good Hope were both willing to have an original treasure sign placed in their front yard. Sharon Giebler and Donna Grantham will coordinate with each other to get the signs placed in their yards. It was also suggested to send a thank you letter to those willing to have an original treasure sign placed in their yard. Sharon Giebler and Donna Grantham provided a draft letter that could be placed on the Historic Preservation Commission letterhead and printed on heavier paper. Chairman Scott House suggested personalizing each letter. 3. Other items. None. 4. The work session was adjourned at 6:59 p.m. DI ZT 7:00 p.m. Regular Meeting Chairman Scott House called the meeting of the Historic Preservation Commission to order at 7:00 p.m. Upon motion made by Robert Komorech and seconded by Donna Grantham, the minutes of the June 16`h meeting were unanimously approved. Upon motion made by Wayne Bowen and seconded by Sharon Giebler, the minutes of the July 12`h retreat were unanimously approved. The Commission discussed the minutes from the July 12`h retreat. Appearances of Items not on the agenda: The 2011 Historic Preservation Walk was briefly mentioned. The walk will go from the River to the Common Pleas Courthouse following Themis Street. The Commissioners discussed wanting to put a plaque on the Courthouse if it gets added to the National Register. It was also briefly discussed that the Commission should have another training session soon. Richard Reinhardt said that he would contact Dr. Hoffman and see if he would be available to talk about CLG Guidelines at the September 15°i meeting. Appearances of Items on the agenda. None. Regular Business 1. Historic Preservation Commission Rules of Procedure. Richard Reinhardt will go through the minutes and reword the sections that the Commission wanted to have made clearer. These sections include: 5.4, 5.8, 5.9, 5.11, and 7.1. A section will be added discussing the processes specifically for National Register nominations, this will be Section 7.5. Section IX on joint meetings with the City Council will be taken out of the Rules of Procedure. However it was added that the Commission would still like to maintain communication with the Mayor and City Manager and possibly have one or both of them attend meetings. It was also suggested that someone on the City Council could come to Historic Preservation meetings so that they know what is being discussed. Richard Reinhardt will make the necessary revisions to the Rules of Procedure and email them to the Commissioners. This will be an action item at the September 15`h meeting for the Commissioners to accept the Rules of Procedure as revised. Other Business 2. Other Business not on the AAgenda Richard Reinhardt informed the Commission that the City was under budget on the 2009 Historic Preservation Fund Grant to prepare a National Register Nomination for the Courthouse Seminary Neighborhood Historic District. Ms. Radetic from the State Historic Preservation Office suggested that the City could make a brochure. Since a brochure had already been created, all that needed to be done was that the appropriate persons would need to document time spent on the brochure and seek bids from at least three (3) companies. Richard Reinhardt gave each of the Commissioners a copy of the brochure. MI : Patti House handed out flyers on Heritage Days and for a free movie in the park. 3. Staff Time. None, 4. With no further discussion, Wayne Bowen made a motion to adjourn the meeting, seconded by Bill Eddleman, and approved unanimously. Respectfully Submitted, Patti House Secretary CAPE GIRARDEAU PUBLIC LIBRARY BOARD OF TRUSTEES Meeting: Thursday, August 26, 2010 @ 7 am Cape Girardeau Public Library, 711 N. Clark ATTENDANCE The Cape Girardeau Public Library Board of Trustees met Thursday, August 26, 2010. Present: Stan Irwin, Joan Slaughter, Eric Bohl, Fran Austin, Sheryl Smith, Ed Thompson, Kevin Greaser, Angel Hillman. Also present: Director Betty Martin, Linda Bailiff. Absent: Jeff Long President Stan Irwin called the meeting to order at 7:03 am and introduced new board members Fran Austin and Kevin Greaser. MINUTES The June minutes were reviewed. Upon a motion by Ed and seconded by Angel, the June minutes were approved. BILLS The bills were presented for approval. Upon a motion by Sheryl and seconded by Joan, the bills were approved for payment. PRESIDENT'S President Stan Irwin noted the current Committee members and asked for REPORT volunteers to participate. The 2010-2011 Committee members are as follows: Building & Grounds: Sheryl Smith, Chair; Jeff Long, Joan Slaughter and Fran Austin. Budget & Personnel: Kevin Greaser, Chair; Angel Hillman, Eric Bohl, Jeff Long Bylaws & Policy: Eric Bold, Chair; Sheryl Smith, Kevin Greaser, Ed Thompson Public Relations: Angel Hillman, Chair; Joan Slaughter, Ed Thompson, Fran Austin Set Tax Rate: The 2010-11 tax rate as calculated by the State Auditor is .1615 and the temporary tax rate is .1497. Stan asked for Board approval of these rates. Angel made a motion to accept the State Auditor's recommendation, seconded by Eric. Motion Passed. DIRECTOR'S Colin McLain, the son of Randy and Judy McLain, passed away while hiking in REPORT Mongolia. Betty reminded the Board that he was the young man that donated the BETTY MARTIN chess and checkers table at the library. His parents want to donate $10,000 to name a tutoring room after Colinas a memorial. The plan is to invest the $10,000 and purchase library books from the interest earned each year. The security system was installed at the beginning of July, which includes motion sensors and a noise/light alarm at the Information Desk to alert staff of anyone trying to exit through the gate on the terrace. Website progress: The new website is almost ready for testing and Betty will send the Board members a link to try out the site with and provide feedback. The library also has a new Facebook account. Betty has asked the Convention and Visitors Bureau's marketing person to meet with library staff to help set parameters for who will post what and how often. The Board's recommendations would also be appreciated. Conflict of Interest Renewal: The Code of Ethics/Public Disclosure Policy will be filed with the Missouri Ethics Commission so that Board members don't have to fill out a personal financial disclosure form. Betty files a personal financial report and verification that no Board member has accepted $500 or more for products or services from the Library. Joan made a motion to accept the policy and to renew the Conflict of Interest form. Sheryl 2nd the motion. Motion Passed. The Self -Serve Public Fax machine arrived in early July. This patron service is provided at no cost to the library. Patrons must use a credit card and pay $1.50 for the first page and $1 for each page thereafter. Traffic counts are as follows: Averaged 534 people/day in May, 798 in June and 812 in July. Overdrive: This database will enable patrons to download audio and e -books to their PC/ Mac and they may be transferred to an iPod, Sony Reader, nook and smart phones. The initial collection will have about 200 titles of current popular fiction and nonfiction. Content will be added monthly. Patrons will be able to check out up to 5 titles at a time and the lending period is 14 days. This electronic resource should be available in October. There are currently 10 libraries in the consortium which helps to reduce the stand alone cost from $10,000 to $6000. The $7500 Targeted Collection Grant was not approved. Due to an overabundance of requests the State Library chose to award the grants to smaller libraries. MLA Conference Request: The Missouri Library Association Conference will be held at the Lake of the Ozarks October 6-8. Betty submitted a request to the Board for Paula, Sharon and Betty to attend the conference for a total amount of $1766.00 which includes transportation, registration, lodging and meals. Fran made a motion to approve the budgeted expenditure, Sheryl seconded the motion. Motion passed. BUILDING The one year punch list items are nearly completed. The counter crack under the COMMM ITTEE coffee pot in the caf6 has been repaired and joints on the exterior of the building have been sealed. The Youth Services desk is dimly lit and so staff are researching how to add light over the desk. FRIENDS The Friends Book Sale is September 10-12, 2010. Book donations are appreciated and let your friends know about the sale. The Friends Foundation had a Board Retreat on August 201h and developed a new Mission Statement and formulated objectives (attached). ADJOURNMENT Ed made a motion to adjourn the meeting, seconded by Sheryl. Vote was unanimous and the meeting adjourned at 8:05 am. NEXT MEETING Thursday, September 23, 2010 lam — Cape Public Library Recorder- Linda Bailiff (DRAFT) CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT JAYCEE MUNICIPAL GOLF COURSE ADVISORY BOARD MEETING August 26, 2010 The Cape Girardeau Municipal Golf Course Advisory Board met at the Osage Community Centre on Thursday, August 26, 2010 at 12 noon. Present: Kenneth Bramlett, Chairman Robert Pastrick, Vice Chairman Charles Wagoner Board Member Chris Janet, Board Member Robert Guard, Secretary Jack Watts, Board Member Jim Hastings, Jr., Board Member Kent Ward, Board Member Charles Fleady, Board Member Absent: GUEST: Carl Kinneson APPROVAL OF MINUTES Staff Present Daniel D. Moser, Director of Parks and Recreation Brock Davis, Park Division Manager Jared Tanz, Golf Course Manager Randy Lueder, Golf Course Foreman Marcia Stone, Administrative Coordinator Guest: Carl Kinneson— Police Chief Chairman Bramlett requested the approval of the July 29, 2010 minutes. Chuck Heady made a motion to accept the minutes with correction to change Charles Hastings to Jim Hastings on page 2. Chris Janet seconded the motion. Motion passed. OLD BUSINESS A. Parks and Recreation/Storm Water Projects Director Muser reported Shawnee Park Sports Complex two concession buildings are near completion and the Shawnee Park Center steel structure is up and the floor has been poured. The contractors should be starting the metal roof on the community center within a few weeks. The Osage Cormnunity Centre renovation is wrapping up. The new fitness room is completed and the fitness equipment has been moved to its permanent location. Central Municipal Pool's re -painting the basin is under contract. The number of lap lanes will be expanded at the pool, along with the new bubble fabric structure and heater system. The bathhouse interior re -furbishing will be done next spring. The Arena Athletic Fields Ribbon Cutting Ceremony is scheduled for Thursday, September 2, 2010 at t 1 a.m. Cape Splash has reduced hours of operations since a lot of the staff has returned to school. The aquatic park is open on Tuesdays and Fridays from 4 p.m. — 7 p.m., Sunday 11 a.m. — 7 p.m. and Sunday 12 noon — 7 p.m. through Labor Day. NEW BUSINESS A. Staff Report Randy Lueder reported that 41, 3, 4 and 15 greens have heat stress. They are doing away with A, B and C pin placement. There will only be a 6 pin placement on 91, 3 and 4 greens during June July and August play. They will be re -seeding #15 and raising the height of cut on the flashes for all the greens. They will be using hand mowers June, July and August on these areas. The cut will be raised on several mowers. Jared and Randy will check moving the white post landing area on #15. They are also looking at placing a telescope on 411 this fall. Golf Course Advisory Board August 26, 2010 Page 2 The board members said that Art Schaupeter needs to be aware of the Hashing problem. Randy reported that they spiked the greens yesterday and it made a big difference in the greens, giving the greens more oxygen. The board discussed purchasing a fountain for the lake to help with the algae and make an aesthetic improvement to the course. Jared Tanz reported that there were over 100 Special Olympic Athletes that competed in the Special Olympic Missouri Outdoor Championship. The athletes enjoyed showing off their individual skills. Most championship sites in the past have been a driving range. Jared also reported that the tournaments for August have been slow but September and October we will have our Autumn Open, 2 -Man Senior Scramble and several other groups. REPORTS A. Policies and Procedures — Robert Pastrick, Robert Guard, Jim Hastings No report. B. Planning and Development —Charles Wagner, Kent Ward, Charles Heady No report at this time. C. Advertising and Promotions - Jack Watts and Chris Janet The board discussed renewing the interstate advertisement signs. D. Golf Course Improvements - Kenny Bramlett, Jack Watts, Kent Ward No report at this time. E. SEMO Cup - Jack Watts, Robert Pastrick Jared Tanz sent out the letter to the members that SEMO Cup Qualifies will be on two weekends in September. The SEMO Cup will be held at Bootheel Golf Course on October 9th and the fee will be $900/team. There being no further business Jim Hastings made a motion to adjourn the meeting with Charles Wagoner's second. Motion passed. The next meeting will be held on September 23, 2010 at the Osage Community Centre. Respectfully submitted, Robert Guard, Secretary