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Proceedings of the City Council,. City of Cape Girardeau, Mo.
Regular Session June 4,2007 FF-311
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REGULAR SESSION—JUNE 4,2007
The Cape Girardeau City Council convened in regular session on Monday June 4, 2007, at 7:00
p.m. with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Matthew
Hopkins, Marcia Ritter,Loretta Schneider, Debra Tracy and John Voss present.
Reverend Sam Ramdial of 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 discussiig
property acquisition,personnel, litigation 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.
The minutes of the May 21, 2007, regular and closed sessions were approved upon Mrs. Tracy's
motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Vass. Nays, none.
The agenda was adopted upon Mrs. Schneider's motion, Mr. Voss' second, and the following
vote:Ayes,Herbst,Hopkins,Knudtson,Ritter,Schneider,Tracy and Voss. Nays,none.
COUNCIL COMMUNICATIONS
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Mr. Hopkins stated he was the speaker for the Cape Leadership Academy last week at the
Salvation Army. This Academy is working with a group of individuals to train them to become
better leaders within their community.
Mrs. Tracy was pleased with the visit to the City of Paducah and looks forward to hosting them in
July. Mayor Knudtson continued that all the staff worked hard to develop the program and
reception, and both sides received a great benefit. The visit to the Economic Development
Committee Meeting was very beneficial, and he will be working to bring together a similar type
meeting in Cape.
CITY MANAGER COMMUNICATION
Mr. Kevin Priester and Mr. Dick Tuttle of Alliance Water Resources presented a brief history and
update on the operation of the City water system, including the growth of the system since 1992.
Mr. Hopkins requested more detailed information on the increase in the number of metered
services.
Mr. Tom Mogelnicki, Interim Executive Director of the Cape County Transit Authority, appeared
and presented an update on the transit operation with the City over the past year. Ridership will
exceed 90,000 this year, with approximately 600 passengers per week. The AAA program
increased from 120 to-600 rides but revenue from the program remained the same. The Authority
is looking to expand the route to the Red Star area and the Career and Vocational School and is
discussing with NARS their needs to accommodate 400 plus employees. In addition,the Veterans
Home has requested service to that facility. He requested $40,000 in additional funding from the
City for the fixed bus route system to cover existing service and to help expand the current service.
MoDOT requires buses be replaced when they reach a certain mileage, and a new bus has been
ordered at a cost of$125,000. The Veterans Home is working to purchase a bus to transport vets
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session June 4,2007 FF-312
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to the Poplar Bluff Hospital. The present bus charge is $.75 for seniors and $1.50 for general
riders. The Authority is operating$80,000 in the hole for the bus system with $25,000 to$30,000
of that for depreciation.
Upon questioning by the Mayor, Mr. Mogelnicki reviewed other funding sources for the
transportation system: MoDOT $350,000; LogistiCare $40,000 for rides for dialysis patients;
AAA $40,000 for free rides to seniors and the disabled to go to the doctor, hospital or grocery
store; Senior Citizens Board $55,000; City of Jackson $6,000; and Cape Girardeau County
$20,000. The Senior Citizens Board has agreed to $40,000 additional funding to be applied
directly to senior citizens. He has requested additional funding from the City of Jackson. The}are
not providing enough money to cover the cost of the program in Jackson. He has also requested
additional funding from Cape Girardeau County. The transportation system needs $150,000 more
to break even. He is meeting with other agencies, such as the SEMO Regional Planning
Workforce Investment Board and the United Way, as well as Senator Bond, to try to find
additional funding for the program
The Council discussed the funding that the City provides for this program. The Council requested
that Mr. Mogelnicki present additional information at the next meeting as to how the existing
funds are being spent and what the additional funds will be used for. In addition, the Council
discussed the Transportation Advisory Board and the need for a City representative on this board
given the amount of funding that the City provides. The Council requested that Mr. Mogelnicki
discuss this with the County Commission that appoints the board members.
PUBLIC HEARINGS
This being the date set for a public hearing regarding the proposed Annual Operating Budget for
Fiscal Year 2007-2008, the hearing was opened. There being no appearances, the hearing was
closed.
BILL NO 07-100 was given first readingas follows:
AN ORDINANCE ADOPTING THE ANNUAL OPERATING BUDGET FOR THE CITY OF
CAPE GIRARDEAU, MISSOURI, FOR THE FISCAL YEAR BEGINNING JULY 1, 2007
Mr. Herbst made a motion,seconded by Mrs. Schneider, to approve the first reading of BILL NO.
07-100. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider, Tracy and Voss. Nays,none. Mayor Knudtson stated the budget was discussed
at length at the retreat and study session. It was suggested to have a study session in the fall to
look at challenges that will be coming up andto discuss other issues, including revenue sources.
CONSENT ORDINANCES
The following bills were given second and third readings as follows;
BILL NO. 07-87 AN ORDINANCE ACCEPTING A PERMANENT STORMWATER
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS
FROM VARIOUS PROPERTY OWNERS FOR STORMWATER
IMPROVEMENTS AT THE SILVER SPRINGS ROAD/THEMIS
STREET INTERSECTION
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session June 4,2007 FF-313
BILL NO. 07-88 AN ORDINANCE ACCEPTING FEE SIMPLE INTEREST FROM
JOHN R. AND PATRICIA A. ECK FOR THE FOUNTAIN STREET II
IMPROVEMENTS
BILL NO. 07-89 AN ORDINANCE ACCEPTING FEE SIMPLE INTEREST FROM
WILLIAM AND SOON JO PLEDGER FOR BEND ROAD/MASON
STREET/MAIN STREET IMPROVEMENTS
BILL NO. 07-91 AN ORDINANCE ACCEPTING PERMANENT EASEMENTS FROM
BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY FOR SANITARY SEWER IMPROVEMENTS AND A
WATER TRANSMISSION LINE
BILL NO. 07-92 AN ORDINANCE AUTHORIZING THE ACQUISITION OF
PROPERTY FOR THE CONSTRUCTION OF LASALLE AVENUE
BETWEEN INTERSTATE 55 AND STATE ROUTE W IN CAPE
GIRARDEAU COUNTY
BILL NO. 07-95 AN ORDINANCE ACCEPTING A WATER LINE EASEMENT FROM
CAPE GIRARDEAU PROPERTIES III, L.P., AND MACO
PROPERTIES, L.L.C. TO SERVE WEST COURT MANOR
APARTMENTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 07-96 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247
OF THE CITY CODE, BY REPEALING NO PARKING ZONES ON
BROADWAY AND CLARK STREETS, AND ESTABLISHING NO
PARKING ZONES ON BROADWAY AND CLARK STREETS, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 07-97 AN ORDINANCE VACATING THE CITY'S INTEREST IN A
SANITARY SEWER EASEMENT LOCATED IN GOLDEN EAGLE
SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU MISSOURI
BILL NO. 07-99 AN ORDINANCE APPROVING THE RECORD PLAT OF ZIEBA
SUBDIVISION
Mrs. Schneider made a motion, seconded by Mr. Hopkins, to approve the second and third
readings of BILL NOs. 07-87, 07-88, 07-89, 07-91, 07-92, 07-95, 07-96, 07-97 and 07-99 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. 07-87 is ORDINANCE
NO. 3814, BILL NO. 07-88 is ORDINANCE NO. 3815, BILL NO. 07-89 is ORDINANCE NO.
3816, BILL NO. 07-91 is ORDINANCE NO. 3817, BILL NO. 07-92 is ORDINANCE NO. 3818,
BILL NO. 07-95 is ORDINANCE NO. 3819, BILL NO. 07-96 is ORDINANCE NO. 3820, BILL
NO. 07-97 is ORDINANCE NO. 3821, BILL NO. 07-99 is ORDINANCE NO. 3822.
NEW ORDINANCES
BILL NO. 07-102 was given first readingas follows:
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Regular Session June 4, 2007 FF 314
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AN ORDINANCE ESTABLISHING UNTILITY RATES FOR THE CITY OF CAPE
GIRARDEAU, MISSOURI, BY AMENDING CHAPTER 22 RELATING TO SOLID WASTE
FEES, AND CHAPTER 29 OF THE CITY CODE RELATING TO WATER RATES AND
SEWER SERVICE CHARGES
Mr. Hopkins made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 07-
102. Following comments, the motion was approved upon the following vote: Ayes, Herbst,
Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none.
BILL NO. 07-101 was given first reading as follows:
AN ORDINANCE ACCEPTING A PERMANENT SEWER EASEMENT FROM THE
CHARLES F BLATTNER VOLUNTARY TRUST AND THE JOYCE E. BLATTNER
VOLUNTARY TRUST TO SERVE THE ENCLAVE ON SILVERADO SUBDIVISION, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
Mrs. Tracy made a motion,seconded by Mrs. Schneider, to approve the first reading of BILL NO.
07-101. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson,
Ritter, Schneider, Tracy and Voss. Nays, none.
RESOLUTIONS
BILL NO. 07-103 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COST
APPORTIONMENT AGREEMENT WITH THE MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION FOR THE LEWIS AND CLARK PARKWAY PROJECT,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 07-103 was approved and the resolution adopted upon Mrs. Schneider's
motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider,Tracy and Voss. Nays,none. BILL NO. 07-103 is RESOLUTION NO. 2279. Mayor
Knudtson explained that this road was originally referred to as Technology Park Drive, but staff
felt the name should be changed to something more historical. MoDOT will be providing $1.2
million to develop this road.
BILL NO. 07-104 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 1 TO THE ENGINEERING SERVICES CONTRACT WITH BOWEN ENGINEERING
AND SURVEYING, INC., FOR THE EXTENSION OF VANTAGE DRIVE, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 07-104 was approved and the resolution adopted upon Mrs. Schneider's
motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays, none. BILL NO. 07 104 is RESOLUTION NO.2280.
BILL NO. 07-105 was presented as follows:
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Regular Session June 4,2007 FF-315
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A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 5 TO THE ENGINEERING SERVICES CONTRACT WITH BOWEN ENGINEERING
AND SURVEYING, INC., FOR THE WIDENING OF MT. AUBURN ROAD, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 07-105 was approved and the resolution adopted upon Mrs. Schneider's
motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays, none. BILL NO. 07105 is RESOLUTION NO.2281.
BILL NO. 07-106 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH NIP KELLEY EQUIPMENT CO., FOR THE SILVER SPRINGS ROAD
STORMWATER PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 07-106 was approved and the resolution adopted upon Mr. Hopkins'
motion, Ms. Ritter's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider,Tracy and Voss. Nays,none. BILL NO. 07-106 is RESOLUTION NO. 2282. Mayor
Knudtson stated Mr. Frank Bean met with staff today and appears satisfied with the project.
APPOINTMENTS
Mr. Voss made a motion,seconded by Mrs. Tracy, to appoint Mr. George Reutzel to the Board of
Examiners for a term expiring July 1, 2008. The motion was approved upon the following vote:
Ayes, Herbst, Hopkins,Knudtson,Ritter, Schneider,Tracy and Voss. Nays, none.
LIQUOR LICENSES
Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the liquor licenses listed below.
The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter,
Schneider, Tracy and Voss. Nays,None.
Approval of a new retail liquor by the drink license for Josh Penfield, d/b/a Club Moxy, 107 N.
Main, Josh Penfield, Managing Officer.
Renewal of the following liquorlicenses:
Retail liquor by the drink and Sunday Sales:
Gary Helwege, d/b/a BG's Olde Tyme Deli 205 S. Plaza Way, Gary Helwege, Managing
Officer
Wholesalers of Intoxicating Liquor—All Kinds:
William H. Bess II, d/b/a Bluff City Beer Co., Inc., 450 Siemers Dr., William Bess II,
Managing Officer.
Conditional renewal of the following liquor licenses:
Retail Liquor by the Drink:
Rodney Pobst, d/b/a Pour House Pub, 113 Broadway, Rodney Pobst, Managing Officer
Semo Gas, Inc., d/b/a Stevie's Sports Bar & Grill, 600 Broadway, Toni Majeed, Managing
Officer
Jerel Lichtenegger, d/b/a Global Café, 1315 Broadway, Jerel Lichtenegger, Managing Officer
Josh Penfield,d/b/a Club Moxy, 107 N. Main, Josh Penfield, Managing Officer
Original Package Liquor and Sunday Sales:
Sam's East, Inc.,d/b/a Sam's Club#6479, 232 Shirley,Janet Lynn, Managing Officer
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Regular Session June 4, 2007 FF-316
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Wal-Mart Stores East, LP, d/b/a Wal-Mart Supercenter #188, 3439 William, Janet Lynn,
Managing Officer
Regarding the liquor license for the Billiard Center, Mayor Knudtson stated that he has met with
downtown business owners who are concerned with issues at this location. He wants to make sure
the police are working with the owner and wants to send a message to the owner that those
problems will not be tolerated.
Police Chief Carl Kinnison reported there were two arrests inside the facility for drug violations.
He has met with the owner regarding concerns, and the owner was cooperative and implemented
some of his suggestions. The Police Department has monitored the facility, and the owner is
continuing to comply.
Mrs. Tracy made a motion,seconded by Mr. Herbst, to conditionally approve a retail liquor by the
drink and Sunday sales license for Loi H. Ha, d/b/a The Billiard Center, 26 N. Main, Loi Ha,
Managing Officer. The motion was approved upon the following vote: Ayes, Herbst, Hopkins,
Knudtson, Ritter, Schneider, Tracyand Voss. Nays, none.
OTHER
Mrs. Tracy made a motion, seconded by Mr. Hopkins, accepting the widening and reconstruction
improvements to Mount Auburn Road from Route K to Bloomfield,and improvements to Siemers
Drive, and authorizing final payment to Lappe Cement Finishing Co., Inc. The motion was
approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritte,rSchneider, Tracy and
Voss. Nays, none. Mr. Voss stated there are some sections of sidewalk not complete, and
payment for these have been removed.
Mrs. Schneider made a motion, seconded by Mr. Herbst, accepting improvements completed under
the Downtown Lighting Phase I Project,and authorizing final payment to Cotner Electric Co., Inc.
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 Mr. Hopkins, to approve the improvement plans for the
Dalhousie Condos Phase 1 Subdivision. 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 Mr. Hopkins, to approve the improvement plans for The
Enclave on Silverado.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 Mrs. Tracy,to approve the improvement plans for Walden
Park Phase I Subdivision. The motion was approved upon the following vote: Ayes, Herbst,
Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none.
There being no further business,the City Council adjourned upon Mr. Voss' motion,Mrs. Tracy's
second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and
Voss. Nays, none. -;�
C�)�(fkU�— Knudtson, Mayor —�
Gayle Conrad, City Clerk