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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session September 5, 2006 FF-147
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REGULAR SESSION—SEPTEMBER 5,2006
The Cape Girardeau City Council convened in regular session on Tuesday, September 5, 2006, at
7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Matthew Hopkins, Marcia
Ritter, Loretta Schneider, and John Voss present. Charlie Herbst and Debra Tracy were absent.
Rev. Pastor Sam Ramdial, First General Baptist Church presented the invocation, and the Pledge
of Allegiance was recited.
Prior to the regular session,the City Council convened in closed session for purposes of discussing
property acquisition, litigation, confidential communications with the City Attorney, and personnel
pursuant to RSMo. Sections 610.021(1), (2) and (3) upon Mr. Hopkins' motion, Mr. Voss'
second, and the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider and Voss. Nays,
none.
The minutes of the August 21, 2006, regular and closed sessions were approved upon Ms. Ritter's
motion, Mrs. Schneider's second, and the following vote: Ayes, Hopkins, Knudtson, Ritter,
Schneider and Voss. Nays,none.
The agenda was adopted as distributed upon Mr. Voss' motion, Mrs. Schneider's second, and the
following vote: Ayes, Hopkins,Knudtson,Ritter, Tracy and Voss. Nays,none.
Ms. Joan Jones appeared and invited the Council to attend the 2"d Annual Neighborhood
Connection Picnic on September 16, 2006, at 4:00 p.m., at May Green Park on Fountain Street.
Mayor Knudtson presented a proclamation declaring September 16 as CERT Alliance
Preparedness Day. Assistant Fire Chief Mark Hasheider introduced CERT Alliance volunteer
groups that work to promote the CERT program and prepare the city for an emergency response.
CERT Awareness Day will be held in center court of West Park Mall on September 16th from 11
a.m. to 1 p.m.
Mayor Knudtson presented a plaque recognizing and honoring Dan Little on his retirement from
the Cape Girardeau Police Reserves after 32 years of Service. Mr. Little thanked the City for
allowing him to serve.
COUNCIL COMMUNICATIONS
Mrs. Schneider stated that Willard Morgan requested that trees be trimmed at Lexington and
Sherwood because the street lights are blocked and this is a dangerous intersection.
Ms. Ritter stated that in the Study Session the City Council discussed areas of concern regarding
stormwater drainage. City Manager Doug Leslie indicated the staff will be reviewing the current
ordinances on erosion control relating to developers and property owners and will report back to
the Council. Mayor Knudtson asked staff to contact Melissa Seabaugh and respond to the petition
she submitted outlining concerns with stormwater runoff in Arbor Heights Subdivision.
Mayor Knudtson stated the groundbreaking for the new I-55 Interchange was held last week. He
commended Tracey Glenn and MoDOT staff for putting the ceremony together and commended
Doug Leslie and Eric Cunningham for working on the agreement to make the interchange project
happen.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Rcgular Session Scptcmbcr 5, 2006 FF 148
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Mayor Knudtson announced that a remembrance ceremony for 9/11 will be held on Monday,
September 11, 8:30 a.m. at Fire Station 1.
CITY MANAGER COMMUNICATIONS
Mr. Scott House appeared and discussed Civil War Sesquicentennial events. This will be a
national event sponsored by the National Park Service. He wants to create an ad hoc commission
to organize and coordinate events in this area to commemorate the event. There will be many
events throughout the State, and Cape has a rich history in the Civil War. Mr. House requested the
Council to support the ad hoc commission to proceed with activities and coordinate events to
commemorate the Civil War Sesquicentennial.
Mrs. Schneider made a motion, seconded by Mr. Voss to endorse a commission to coordinate
activities of the Civil War Sesquicentennial. The motion was approved upon the following vote:
Ayes,Hopkins, Knudtson, Ritter, Schneider and Voss. Nays, none.
Mr. House stated if anyone was interested in helping.they can contact the Convention and Visitors
Bureau or the Historic Preservation Commission.
PUBLIC HEARING
This being the date set for a public hearing regarding the petition for annexation from the City of
Cape Girardeau for additional right-of-way acquired for Bloomfield Road from Siemers Drive to
Stonebridge Drive, the hearing was opened. There being no appearances,this hearing was closed.
This being the date set for a public hearing regarding a petition for annexation from resident
owners of the ten lots in White Oaks Subdivision on Bloomfield Road, the hearing was opened.
Mr. Marshall Jung, a resident and property owner, spoke on behalf of the property owners at
White Oaks in support of the annexation. Mayor Knudtson stated the Council will act on the
ordinance annexing the property in October, and it should be effective November 3`d
This being the date set for a public hearing to consider vacating the City's interest in a 15 foot
sewer and utility easement at The Highlands of Dalhousie, the hearing was opened. There being
no appearances,this hearing was closed.
BILL NO. 06-193 was given the first reading as follows:
AN ORDINANCE VACATING A 15 FOOT SEWER AND UTILITY EASEMENT AT
THE HIGHLANDS AT DALHOUSIE, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
Mr. Voss made a motion, seconded by Mr. Hopkins to approve the first reading of BILL NO. 06-
193. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter,
Schneider and Voss. Nays,none.
APPEARANCES
There were no other appearances.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session September 5,2006 FF-149
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CONSENT ORDINANCES
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The following bills were given second and third readings:
BILL NO. 06-179 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247
OF THE CITY CODE, BY ESTABLISHING A NO PARKING ZONE
IN THE 100 BLOCK OF SPRIGG STREET, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU
BILL NO. 06-180 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247
OF THE CITY CODE, BY ESTABLISHING A NO PARKING ZONE
IN THE 200 BLOCK OF BROADWAY, IN THE CITY OF CAPE
GIRARDEAU,MISSOURI
BILL NO. 06-182 AN ORDINANCE ACCEPTING A PERMANENT SANITARY
SEWER EASEMENT AND A PERMANENT SANITARY SEWER
EASEMENT DEED FROM VARIOUS PROPERTY OWNERS FOR
THE INSTALLATION OF A SANITARY SEWER LINE ALONG
BLOOMFIELD ROAD
BILL NO. 06-183 AN ORDINANCE APPROVING THE RECORD PLAT OF OWENS
SUBDMSION
BILL NO. 06-184 AN ORDINANCE AUTHORIZING EXECUTION OF AN AIR
TRAFFIC CONTROL TOWER OPERATING ASSISTANCE GRANT
AGREEMENT BETWEEN THE MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION AND THE CITY OF CAPE
GIRARDEAU, MISSOURI FOR THE CAPE GIRARDEAU
REGIONAL AIRPORT
BILL NO. 06-185 AN ORDINANCE VACATING AN ALLEY LOCATED IN
GRANDVIEW SUBDIVISION RUNNING BETWEEN MADISON
AND PERRYVILLE ROAD, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 06-186 AN ORDINANCE AMENDING SECTION 3-10 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU REGARDING
OPEN BURNING RESTRICTIONS
Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the second and third readings of
BILL NOs. 06-179, 06-180, 06-182, 06-183, 06-184, 06-185 and 06-186 and to adopt the
ordinances. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter,
Schneider and Voss. Nays, none. BILL NO. 06-179 is ORDINANCE NO. 3712; BILL NO. 06-
180 is ORDINANCE NO. 3713; BILL NO. 06-182 is ORDINANCE NO. 3714; BILL NO. 06-
183 is ORDINANCE NO. 3715; BILL NO. 06-184 is ORDINANCE NO. 3716; BILL NO. 06-
185 is ORDINANCE NO. 3717; BILL NO. 06-186 is ORDINANCE NO. 3718.
Proceedings of the City Council, City of Cape Girardeau, -Mo.
Regular Session September 5, 2006 FF 150
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NEW ORDINANCES
BILL NO. 06-187 was given first reading as follows:
AN ORDINANCE ACCEPTING FEE SIMPLE INTERESTS, PERMANENT STORMWATER
EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS, AND A STORM WATER
SEWER EASEMENT FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT
OF BLOOMFIELD ROAD BETWEEN SIEMERS DRIVE AND STONEBRIDGE DRIVE
Ms. Ritter made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO.
06-187. Ms. Ritter asked where they were at on street lights for Bloomfield. Public Works
Director Tim Gramling stated that Ameren was to put them up in August, but storms in St. Louis
delayed the installation. They should be installed this month. The motion was approved upon the
following vote: Ayes,Hopkins, Knudtson, Ritter, Schneider and Voss. Nays,none.
BILL NO. 06-188 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF THE HIGHLANDS AT
DALHOUSIE—PHASE V
Mrs. Schneider made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO.
06-188. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter,
Schneider and Voss. Nays,none.
BILL NO. 06-192 was given first reading as follows:
AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE CONSTRUCTION OF A
LEFT TURN LANE ON MISSOURI STATE ROUTE K AT NOTRE DAME DRIVE, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF
SPECIAL TAX BILLS THEREFOR
Mr. Voss made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO.
06-192. Mayor Knudtson commended staff for working with the school and MoDOT to develop
this project with a 50/50 cost share. Upon questioning by Ms. Ritter, Mr. Leslie explained that the
delay in issuing the tax bill is because some of the bills for the lights were outstanding. The city
has been working with Notre Dame to close out this project. The motion was approved upon the
following vote: Ayes,Hopkins, Knudtson,Ritter, Schneider and Voss. Nays,none.
BILL NO. 06-195 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 30-42(F)(10) OF CHAPTER 30 OF THE CITY
CODE RELATING TO SIGNS
Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 06-
195. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson, Ritter,
Schneider and Voss. Nays,none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session September 5,2006 FF-151
RESOLUTIONS
BILL NO. 06-173 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AVIATION
FUELS CONTRACT WITH EASTERN AVIATION FUELS, INC., AND A REFUELER
LEASE AGREEMENT WITH EASTERN AVIATION FUELS OF NORTH CAROLINA, INC.,
FOR SERVICES AT THE CAPE GIRARDEAU REGIONAL AIRPORT
The reading of BILL NO. 06-173 was approved and the resolution adopted upon Mrs. Schneider's
motion, Mr. Hopkins' second, and the following vote: Ayes, Hopkins, Knudtson, Ritter,
Schneider and Voss. Nays, none. Mr. Leslie explained that the fueling agreement is a five year
agreement and will provide for a self-serve pump. BILL NO. 06-173 is RESOLUTION NO.
2209.
BILL NO. 06-189 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AVIATION
PROJECT CONSULTANT AGREEMENT WITH CRAWFORD, MURPHY, AND TILLY,
L.L.C., FOR LAND ACQUISITION SERVICES AT THE CAPE GIRARDEAU REGIONAL
AIRPORT
The reading of BILL NO. 06-189 was approved and the resolution adopted upon Mrs. Schneider's
motion, Mr. Voss' second, and the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider
and Voss. Nays, none. Mr. Leslie explained that this agreement is required under federal and
state regulations since they are participating in the land acquisition process. BILL NO. 06-189 is
RESOLUTION NO. 2210.
BILL NO. 06-191 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH MILLER DRYWALL, INC., FOR MASONRY REPAIRS TO THE CAPE GIRARDEAU
POLICE DEPARTMENT HEADQUARTERS, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The reading of BILL NO. 06-191 was approved'and the resolution adopted upon Mrs. Schneider's
motion, Ms. Ritter's second, and the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider
and Voss. Nays, none. Mr. Leslie stated this is exterior work to preserve the brick on the
building. Once the 911 call center moves to Fire Station 3, the interior will be remodeled. BILL
NO. 06-191 is RESOLUTION NO. 2211.
Mayor Knudtson commended Rick Ennis and Carl Kinnison on their presentation at First Friday
coffee providing an update on the Public Safety Trust Fund.
BILL NO. 06-194 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 3 TO THE MASTER SERVICES AGREEMENT WITH S. H. SMITH & COMPANY,
INC., FOR THE DESIGN OF FOUNTAIN STREET PHASE II, AND OTHER
IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU,MISSOURI
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Regular Session Scptcmber 5, 2006 FF 152
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The reading of BILL NO. 06-194 was approved and the resolution adopted upon Mrs. Schneider's
motion, Mr. Hopkins' second, and the following vote: Ayes, Hopkins, Knudtson, Ritter,
Schneider and Voss. Nays, none. Upon questioning by Ms. Ritter, Mr. Leslie explained that the
map in the agenda is only a preliminary plan. The City is now proceeding with engineering and
MoDOT approvals to move the project forward. BILL NO. 06-194 is RESOLUTION NO. 2212.
APPOINTMENTS
Ms. Ritter made a motion, seconded by Mrs. Schneider, to appoint Thomas Pujol to the Vision
2020 Community Relations Council for a term expiring December 31, 2006 and to appoint Bill
Tegel for a term expiring December 31, 2008. The motion was approved upon the following vote:
Ayes, Hopkins, Knudtson, Ritter, Schneider and Voss. Nays, none.
OTHER
Mr. Voss made a motion, seconded by Mr. Hopkins, to accept the Downtown Street
Improvements, Phase I — Water Street and to authorize final payment to Mueller Brothers
Irrigation, Inc. The motion was approved upon the following vote: Ayes, Hopkins, Knudtson,
Ritter, Schneider and Voss. Nays,none.
Mr. Voss made a motion, seconded by Mrs. Schneider to reject all bids received for the Historic
Cape Girardeau Bridge Restoration Project located at the east end of Morgan Oak Street, and to
authorize city staff to continue to work with the engineer, architect and MoDOT on a revised
project scope and to re-bid at a later date. Mr. Leslie explained that this is a MoDOT enhancement
program, and the two low bidders did not complete the required paperwork for MoDOT funding.
The bidding depends a lot on work load, and we are approaching winter. Specialized hand work is
required for this job which makes it harder to bid. It is still intended to complete this project along
with the University River Campus. The motion was approved on the following vote: Ayes,
Hopkins, Knudtson, Ritter, Schneider and Voss. Nays,none.
There being no further business, the City Council adjourned upon Mr. Hopkins' motion, Mr.
Voss' second and the following vote: Ayes, Hopkins, Knudtson, Ritter, Schneider and Voss.
Nays, none. ,
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Apr udtson, Mayor
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Gayle L. rirad, City Clerk