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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session February 20, 2007 FF-247
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REGULAR SESSION—FEBRUARY 20,2007
The Cape Girardeau City Council convened in regular session on Tuesday, February 20, 2007, at
7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Matthew
Hopkins,Loretta Schneider, Marcia Ritter,Debra Tracy and John Voss present.
City Attorney Eric Cunningham presented the invocation, and Boy Scout Troop 16 led the Pledge
of Allegiance.
The minutes of the February 5, 2007, regular and closed sessions were approved upon Mr. Voss'
motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays,none.
The agenda was adopted upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote:
Herbst,Hopkins,Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none.
COUNCIL COMMUNICATIONS
Mayor Knudtson explained that the Cities of Paducah, Kentucky, and Cape Girardeau are similar
communities and have had similar projects relating to the River Front. City Manager Doug Leslie
continued that he and the Mayor will be meeting with the Mayor and City Manager of Paducah to
develop a program for a department head and staff exchange to share ideas on things that work in •
each community. The program will be formalized this summer, and the City Council will be
invited to participate in the program.
CITY MANAGER COMMUNICATIONS
Mr. Leslie introduced Marla Mills, Director of Old Town Cape, and Steve Hoffman, Board
President. They presented the annual Old Town Cape update for 2006 as outlined in their contract
with the City. They reviewed new and closed businesses in the district, new buildings and
renovations, special events, private and public reinvestment, volunteer hours, and business
workshops. Mr. Hoffman stated that traffic volumes have increased on Main Street since it
changed to two-way traffic, and traffic counts have gone down on Spanish.
PUBLIC HEARINGS
This being the date set for a public hearing regarding the proposed 2007-2012 Capital
Improvements Program for the City of Cape Girardeau, the hearing was opened. There being no
appearances,the hearing was closed.
Mr. Leslie stated that the issues discussed in the City Council Study Session on February 12, 2007,
will be included in the final Capital Improvements Program document. These include outdoor
warning sirens, West End Boulevard improvements north of New Madrid,the Lexington Route W
Kingshighway intersection, and a Scott City interconnect. The Council reviewed stormwater
project needs and the fact that there is no funding available for these projects.
_ This being the date set for a public hearing regarding the submission of an Application for
Community Development Block Grant funding for the Fountain Street Phase II Project, the
hearing was opened. Mr. Tim Arbeiter of the Chamber of Commerce appeared and stated he has
been working on the application for CDBG funding for this project. An overview was given of the
project and it's significant impact for the area. The needs assessment has been completed through
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session February 20, 2007 FF 248
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the City's public forum sessions with the Comprehensive Planning Process, and if an
additional public hearing is needed to further research the need, it will be completed. The
application will request $400,000 in funding to address several priority areas for the community,
including transportation and downtown redevelopment and revitalization. The local match will be
the $300,000 in the Transportation Trust Fund for this project. There being no further
appearances,the hearing was closed.
BILL NO.07-30 was presented as follows:
A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT
TO SEEK FUNDING THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FOR THE FOUNTAIN STREET PHASE II PROJECT, AND AUTHORIZING THE
CITY MANAGER TO FILE AN APPLICATION AND ADMINISTER THE GRANT IF
AWARDED
Mr. Voss made a motion, seconded by Mrs. Tracy, to approve the reading of BILL NO. 07-30 and
to adopt the resolution. The motion was approved by the following vote. Ayes, Herbst, Hopkins,
Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-30 is RESOLUTION
NO. 2241.
APPEARANCES
Mayor Knudtson stated that regarding #19 on the agenda, the Council is simply setting a public
hearing to consider the establishment of a Community Improvement District for the Town Plaza
area. It would include some public measures in the form of a sales tax to assist with improvements
of the Old Sears Building. Mr. Jim Mello and Mr. Kent Evans representing Greater Missouri
Builders were present to answer questions.
BILL NO. 07-38 was presented as follows:
A RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER THE PROPOSED
TOWN PLAZA COMMUNITY IMPROVEMENT DISTRICT; DIRECTING THE CITY
CLERK TO GIVE NOTICE OF SUCH PUBLIC HEARING; AND OTHER RELATED
MATTERS
The reading of BILL NO. 07-38 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays, none. Mayor Knudtson stated the public hearing on this matter
will be held on March 5, 2007.
Mr. Tim Arbeiter appeared in support of the DREAM Initiative and to answer any questions. This
is a three year commitment with the State of Missouri.
Ms. Marla Mills appeared in support of the agreement with the State on the DREAM Initiative.
This program will complement plans already in place for improvements in the downtown area.
BILL NO. 07-36 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE STATE OF MISSOURI FOR THE DREAM INITIATIVE PROJECT
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session Fehruary 20, 2007 FF-249
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The reading of BILL NO. 07-36 was approved and the resolution adopted upon Mr. Herbst's
motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider, Tracy and Voss. Nays,none.
CONSENT ORDINANCES
The following bills were given second and third readings:
BILL NO. 07-23 AN ORDINANCE VACATING THE CITY'S INTEREST IN A
PORTION OF RIGHT-OF-WAY ON MT. AUBURN ROAD, IN THE
CITY OF CAPE GIRARDEAU,MISSOURI
BILL NO. 07-24 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY
COUNCIL DECLARING IT NECESSARY TO IMPROVE,
PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY
MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK,
AND PROVIDING FOR THE MANNER OF PAYMENT OF THE
WORK TO EXTEND CITY WATER SERVICES TO WHITE OAKS
SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 07-25 AN ORDINANCE REAFFIRMING THE ACTION_ OF THE CITY
COUNCIL DECLARING IT NECESSARY TO IMPROVE,
PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY
MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK,
AND PROVIDING FOR THE MANNER OF PAYMENT OF THE
WORK TO MAKE SANITARY SEWER IMPROVEMENTS IN
SEWER DISTRICT NO. 17-D TO SERVE PROPERTIES IN WHITE
OAKS SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
. Mrs. Schneider made a motion, seconded by Mr. Herbst, to approve the second and third readings
of BILL NOs. 07-23, 07-24, and 07-25, and to adopt the ordinances. The motion was approved
upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss.
Nays, none. BILL NO. 07-23 is ORDINANCE NO. 3789; BILL NO. 07-24 is ORDINANCE
NO. 3790; BILL NO. 07-25 is ORDINANCE NO. 3791.
NEW ORDINANCES
BILL NO. 07-26 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO
TRIFECTA DEVELOPMENT, LC, FOR REAL PROPERTY LOCATED IN THE CITY OF
CAPE GIRARDEAU,MISSOURI
Mrs. Tracy made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 07-
26. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Ritter, Schneider,
Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons because the
developer has a business relationship with his employer.
BILL NO. 07-37 was given first reading as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session February 20, 2007 -250
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AN ORDINANCE APPROVING THE CORRECTED RECORD PLAT OF HERITAGE
MEADOWS SUBDIVISION
Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO.
07-37. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Ritter,
Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons because
the developer has a business relationship with his employer.
RESOLUTIONS
BILL NO. 07-27 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH JOKERST, INC. FOR THE WHITE OAKS ANNEX IMPROVEMENTS, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 07-27 was approved and the resolution adopted upon Ms. Ritter's
motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 07-27 is RESOLUTION NO. 2244.
BILL NO. 07-28 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL
SERVICES AGREEMENT WITH GERTIS, LESTER, DAMERON & ASSOCIATES, INC.,
FOR GENERAL ENGINEERING SERVICES, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The reading of BILL NO. 07-28 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays, none. BILL NO. 07-28 is RESOLUTION NO. 2245.
BILL NO. 07-31 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION
CONTRACT WITH C & S EXCAVATING, L.L.C.
The reading of BILL NO. 07-31 was approved and the resolution adopted upon Mr. Voss' motion,
Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays, none. BILL NO. 07-31 is RESOLUTION NO. 2246.
BILL NO. 07-32 was presented as follows
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION
CONTRACT WITH NIP KELLY EQUIPMENT CO., INC.
The reading of BILL NO. 07-32 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays,none. BILL NO. 07-32 is RESOLUTION NO. 2247.
BILL NO. 07-33 was presented as follows
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session February 20, 2007 FF-251
E^06^0+O7DW
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION
CONTRACT WITH JIM GOGGIN EXCAVATING, INC.
The reading of BILL NO. 07-33 was approved and the resolution adopted upon Mr. Voss' motion,
Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays,none. BILL NO. 07-33 is RESOLUTION NO. 2248.
BILL NO. 07-34 was presented as follows
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND
INDEMNITY AGREEMENT WITH WESTSIDE INVESTMENTS, INC, FOR
IMPROVEMENTS TO THE DETENTION BASIN LOCATED IN THE 2500 BLOCK OF
LEXINGTON, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
Following discussion, the reading of BILL NO. 07-34 was approved and the resolution adopted
upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst,
Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-34 is
RESOLUTION NO. 2249.
BILL NO. 07-35 was presented as follows
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH DUTCH ENTERPRISES, INC. FOR THE MIDDLE/MERRIWETHER SEWER
IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 07-35 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 07-35 is RESOLUTION NO. 2250.
APPOINTMENTS
Mr. Hopkins' made a motion, seconded by Mr. Voss, to appoint Donald Jung, Drew Wright,
Andrew Chronister and Michael Buckley to the Cable Television Advisory Committee for terms
expiring February 20, 2010. The motion was approved upon the following vote: Ayes, Herbst,
Hopkins,Knudtson,Ritter, Schneider, Tracy and Voss. Nays, none.
Mr. Voss made a motion, seconded by Mr. Hopkins, to appoint Dennis Bess to the Historic
Preservation Commission for a term expiring April 16, 2008, and Gina Buckenmyer for a term
expiring April 16, 2007. The motion was approved upon the following vote: Ayes, Herbst,
Hopkins,Knudtson,Ritter, Schneider, Tracy and Voss. Nays,none.
Mr. Herbst made a motion, seconded by Mrs. Schneider, to appoint Tim Pinidey and Dennis
Coomer to the Board of Examiners for terms expiring January 1, 2010.The motion was approved
upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss.
Nays,none.
Mrs. Tracy made a motion, seconded by Mrs. Schneider,to appoint William Whitlock to the Board
of Adjustment for a term expiring March 6, 2012. The motion was approved upon the following
vote: Herbst, Hopkins,Knudtson,Ritter, Schneider, Tracy and Voss. Nays,none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session February 20, 2007 FF-252
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A temporary 5% beer by the drink liquor license was approved for Deerfield Lodge d/b/a
Community Counseling Center Foundation, 210 Deerfield Lane at County Rd 313, Larry R.
Essner, Managing Officer, upon Mr. Herbst's motion, Mr. Voss' second, and the following vote:
Ayes,Herbst, Hopkins,Knudtson,Ritter, Schneider, Tracy and Voss. Nays,none.
There being no further business, the City Council adjourned into closed session for purposes of
discussing litigation, property acquisition, personnel and confidential communications with the
City Attorney, pursuant to RSMo. Sections 610.021(1), (2) and (3) upon Mr. Hopkins' motion,
Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,
Tracy and Voss. Nays,none.
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Jay B. udtson, Mayor
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Gayle C nrad, City Clerk