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CITY OF CAPE GIRARDEAU, MISSOURI
401 Independence Street
City Council Agenda
� Monday, March 2, 2009
7:00 p.m.
Invocation—Rev. Paul Kabo, First Presbyterian Church
Pledge of Allegiance
Call to Order
Roll Call
Council Meeting Minutes February 17, 2009, regular and closed sessions
Adoption of the Agenda
City Council
1. Communications to be presented by members of the City Council.
2. Communications to be presented by the City Manager or City Staf£
Public Hearin,�s
�
3. A public hearing regarding the request of Cape Special Road District to rezone property
located at 120 Warson Street from R-1, Single-Family Residential District to M-1, Light-
Industrial District. (Agenda Item No. 8, Bill No. 09-36).
Letter No. 09-48
Action
Appearances
4. Appearances before the Council on items listed on the agenda.
5. Appearances before the Council on items not listed on the agenda.
Consent Ordinances
6. BILL NO. 09-31, an Ordinance authorizing the Mayor to execute an application with the
United States Department of Interior, the General Services Administration and the
National Park Service to acquire surplus federal property known as May Greene Garden
in the City of Cape Girardeau, Missouri. Second and Third Readings.
� Letter No. 09-36
Action
City Council Agenda
Page 2
March 2, 2009
7. BILL NO. 09-34, an Ordinance approving the record plat of Lynwood Hills North �
Subdivision. Second and Third Readings.
Letter No. 09-37
Action
New Ordinances
8. BILL NO. 09-36, an Ordinance amending Chapter 30 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, by changing the zoning of 120 Warson Street, in the
City and County of Cape Girardeau, Missouri, from R-1 to M-1. First Reading.
Letter No. 09-48
Action
9. BILL NO. 09-42, an Ordinance amending Chapter 24 of the City Code relating to public
trees. First Reading.
Letter No. 09-49
Action �
Resolutions
10. BILL NO. 09-38, a Resolution adopting the Fiscal 2009-2014 Capital Improvements
Program. Reading and Passage.
Letter No. 09-47
Action
11. BILL NO. 09-39, a Resolution authorizing the City Manager to execute a Letter of
Agreement with Southeast Missouri State University for an historic resource survey, in
the City of Cape Girardeau, Missouri. Reading and Passage.
Letter No. 09-50
Action
12. BILL NO. 09-40, a Resolution authorizing the City Manager to execute a General
Engineering Services Contract with Koehler Engineering and Land Surveying,Inc., in the
City of Cape Girardeau, Missouri. Reading and Passage. �
City Council Agenda
Page 3
March 2,2009
� Letter No. 09-51
Action
13. BILL NO. 09-41, a Resolution authorizing the City Manager to execute an addendum to
the Engineering Services Contract with Koehler Engineering, Inc., for the Bloomfield
Road Phase IV improvements, in the City of Cape Girardeau, Missouri. Reading and
Passage.
Letter No. 09-52
Action
14. BILL NO. 09-43, a Resolution authorizing the filing of all necessary documents with the
Missouri Department of Natural Resources, State Revolving Fund Program for loans
under the Missouri Safe Drinking Water Law (Section 640, RSMo.) and the Missouri
Clean Water Law (Section 644.006 through 644.141, RSMo.) regarding the expansion of
Water Plant No. 1 and various other water projects, in the City of Cape Girardeau,
Missouri. Reading and Passage.
Letter No. 09-53
� Action
Appointment
15. Appointment to the Board of Adjustment.
Letter No. 09-54
Action
16. Appointment to the Tree Board.
Letter No. 09-55
Action
Liquor Licenses
17. Approval of a change in type of liquor license to a wholesalers of intoxicating liquor-all
kinds, for Thilenius Distributing, Inc., d/b/a River Eagle Districting, 2346 Rust Avenue,
Gene Patterson, Managing Officer.
� 18. Conditional approval of a retail liquor by the drink and Sunday sales license for Amanda R.
Hasting, d/b/a The Billiard Center, 26 N. Main St., Amanda R. Hasting, Managing Officer.
City Council Agenda
Page 4
March 2,2009
�
Other
19. A motion accepting the improvements completed at the intersection of William Street and
Leming Lane and authorizing final payment to Fronabarger Concreters, Inc.
Letter No. 09-56
Action
20. Other business.
21. Adjournment of the City Council.
* * * * * * * * * *
The City Council of the City of Cape Girardeau, Missouri, will hold a study session at City Hall,
401 Independence Street, on Monday, March 2, 2008, 5:00 p.m.
* * * * * * * * * * *
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
� Office of the City Manager
Council Letter No. 09-48
Agenda March 2,2009
The Honorable Mayor
And
Members of the City Council
City of Cape Girardeau,Missouxi
Dear Mayor and Council Members:
RE: Request for a Rezoning of Property at 120 Warson Street
It is the request of the Cape Special Road District to rezone the property located at
120 Warson Stteet from R-1 (Single-Family Residential) District to M-1 (I.ight Industrial)
District.
This is the location of the headquarters for the Cape Special Road District and they
are requesting the rezoning of their pxoperty so that they will be in compliance with the City
Zoning Code.
� The future land use plan recommends light industrial use for this property. Planning
Staff recommended approval on no conditions and the Planning and Zoning Commission
recommended approval on no conditions with a vote of 8 in favor, 0 in opposition,and 0
abstaining.
Respectfully Submitted,
�
Ken Eftink
Director of Development Services
Interim City Manager
�
� CITY OF CAPE GIRARDEAU
PLANNING AND ZONII�TG COMMISSION ACTION
Request for Rezoning
Recommended Action:
That the request of Cape Special Road District to rezone property located at 120
Warson Street from R-1 (Single Family Residential) District to M-1 (Light
Industrial) 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:
February 11, 2009
� Comments:
Citizens commenting at meeting:
Mark Phillips
Secretary
�
CITY OF CAPE GIRARDEAU,MISSOURI
City Staff Review and Referral of Application For Special Use Permit/Rezoning
�
File No.1219 Address of Property 120 Warson Street
Staff Review and Comments:
It is the request of Cape Special Road District to have the properiy located at 120 Warson
Street re-zoned from the R-1 (Single-Family Residential) District, to the M-1 (Light
Industrial)District. The applicant is using the property as the district headquarters. Currently
this parcel is adjacent to property that is zoned M-1 (Light Industrial)District.
�-r-- I - 2 3 - a �
Planning Supervisor Date
..............................................................................�
City Manager Referral to the Planningand Zoning Commission:
_
�: 2--d �l
City M ager Date
..............................................................................�
� Posting Date for Planning and Zoning Commission Public Hearing: z- 3- o q
..............................................................................�
Planning and Zonin�Commission Recommendations:
�e� P�0.)C�'�1�Y1q G�� Zo�n�r q � c�rio�r-� �"oCe�c� .
J J
...................................................................�..........�
Posting Date for City Council Public Hearing: �/3-o q
..............................................................................�
Council Action:
Favor: Oppose: Abstain:
Revised 3/27/08
�
� � �, City of Cape Girardeau
_ .
Rezoning/Special Use Permit Application
. - .
� Rezoning or ❑ Speci ��f�Y�t�
(Please check one) ��?��' ��a �'
��� ��R!��',�T�,;,
'��=�..1
SECTION A �'�-�
1. Description of project:
Co n S i�2 r i Y� oJ l.6{'!S�'v u G 7'i vl q M 2 7—a / �.�"� u:�/Y!evi� ,s7�o►'a,�G �
p / J
p U i�Gf i�''1� �
2. Street address of tract (or other location description):
/Z o LUa�s o h 5-�-.
C�� ���a,-c�eau J /1'I 4 63 �0 I
3. Names and addresses of all legal owners of tract:
Ca pe �Pe G �a•/ Qaac� D,-s-��- ;c--�
� / ZQ 1/Varsov► S��
�'a�e �:�-a r�e a u/ �� (3 70 /
4. Present zoning classification:
� — �
5. Requested new zoning classification:
M - I
6. Requested special use;
N/�-
7. Person handli�g this application (name, address, phone number):
/�av�� l�Li:����5 j�tidn� — 33��-s�f(S
l..G� ��.2G(ctI KOGtO( �iS-!'✓�'CT
/ zo waYson sf,
l_Q�Q C7.ro� ✓dCa j /"d IO�J 70 I
8. If tract is to be transferred, name and address of intended owner:
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For Office Use Only: Date Received in Planning Services Office:�ol�� Received by:
Revised 12/18/2008 Page 3 of 7
City of Cape Girardeau
Rezoning/Special Use Permit Application
�
9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN
THIS APPLICATION IS TRUE. (Siqnatures of ALL PERSONS listed in Items
3 and 8 above and date of signatures):
Name Date
/-/�-0 9
SECTION B
1. 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.)
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 (If you 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 12/18/2008 Page 4 of 7
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
Jackson.)
N.OTE; Where a rezoning or special use permit is requested for part of a larger
platted tract, adjoining owners are consFdered as"those adjoinFng the f�rger tract.
�� /t'�as�e�s Fa�rns �, �i��ia�� Qah 9 �►��
3 3 72 Co, Rc�. (o Z 0 Z¢� 8 .Bo u-�-i►,� �r�
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z5zs �,.Yy �,��e 2d, z 5�3 (o /3 o u �%� �r,
CG� 6�'�-��c�e�u� I1� 0 6370 / C,q G,- ,r.c�v�o(2c�u/ Y�� b3 �0 )
�
�j 7Qrry �5'hac K�es �� Go�c�on GUr,y 1��
z86 �S'havav� o Coah-{�� �ah-e
�a��� -C'i."r u✓�e o�u �I�U �i,�70 1
�-� s�� �-/ I< l���,
P, o , �3ox z6o g�g
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Z 7 0 � Oa K 5�,-r� Cir'�.�2
C�� �;�a r�Q��t v� / /12 (� 6 3 7 0 i
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 12/18/2008 Page 5 of 7
City of Cape Girardeau
Rezoning/Special Use Permit Application
�
SECTION D
1. 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.
?'h;s �-,-u�� w,LJ co��iv�u e �v �e u�SeG( a s �i,5���c-�
�e�c��ua����S �o� ��.� ��e.. �S'�e c�� / /2o�c� �jS��,�G�;
/�-T -���5 7/Y1'!� �i(/2 c+v L. Cv nsi�e✓;i�q 7L� �'Ov1 S�r�-�-C��o!�
o.�' a .yr e�a.� -e p u,�n-r e�� s���y� b u;/a9,-t�� ,
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.
���
�
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?
��J
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.
/V�
�
Revised 12/18/2008 Page 6 of 7
City of Cape Girardeau
Rezoning/Special Use Permit Application
�
SECTION E
1. State the reasons why you believe the requested rezoning or requested special
use permit will be beneficial to the neighborhood and the City.
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 ore-mail contacts can be listed, butplease note
them as such.)
� Name Address
�
Revised 12/18/2008 Page 7 of 7
Aerial Map of 120 Warson Street 1/16/09
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CITY OF CAPE GIRARDEAU,MISSOURI
� Office of the City Manager
Council Letter No. 09-36
Agenda February 17,2009
The Honorable Mayor
And
Members of the City Council
City of Cape Gitardeau,Missouri
Deat Mayor and Council Members: .
RE: An Ordinance Authorizing the Mayor to Subnut an Application to
Acquire Surplus Federal Property for the May Greene Garden Park
This is a request to execute an application for the National Park Service's Federal
Lands to Parks Program to acquire surplus Federal propexty for park and recreational use -
under the provisions of 40 U S.C.-550 (e). For the pxopexty referenced as: Federal Bu.ilding
and Courthouse 339 Broadwap Street Parcel#2-May Gxeene Garden Cape Girardeau,MO
G3701 GSA #7-G-MO-0G73.
The May Gzeene Garden Property,0.186 acres,is located on the corner of Fountain
Street and Themis Street in the City of Cape Girardeau;just south of the old Federal
� building and Courthouse. It is a portion of a pre-existing garden and homestead of May
Greene. Existing improvements include signage identifying it as May Greene Garden,an
information kiosk,and two benches.
The site was maintained to various degrees since that time,but steadily deteriorated
until 1988 when the General Services Administration agreed to allow the city and a
committee known as the May Gxeene Garden Association to use and maintain the site as a
public park. The Association provides plantings and maintenance of the trees,shrubs and
flowexbeds. The City provides mowing, trash xemoval and other services as may be
necessary. However,the City of Cape Girardeau Parks and Recxeation Depattment assumes
total responsibility for the caxe ancl maintenance of the site should the association
discontinue their involvement in the future.
Staff recommends approval of the ordinance for the application to acquire surplus
Federal property for the May Greene Garden Park.
Respectfully Submitted,
"l �' l •
Ken Eftink
Assista.nt City Manager
Director of Development Services
���°�`��-
� Douglas K.Leslie
City Manager
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DESCRIPTIONS �LA T' OI� �tjl�VL Y
F°R'°a"�°"ac� FOR GENERAL SERVICES ADMINISTRATION
ui.a�or M N�o w nu arr av c�rc aw�aoc�u.
�u��P�Y���� FEDERAL BUILDING
�a.►e a►cn»s�n.w.w..r ea,n.a w�a we.o. ��.� CAPE GIRARDEAU,MO. -
o u�.ew ah a.e e.Mw*»�.r..e�.�+a.c.r ndw-M-rw \
ue.:a iaMa�sM�l.�w a»se�M.M�-�-war u�..r
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M,BT�.��..O AdOM�O�S.OB/M�i NIMC�OyO�YI�f10111 tO�C '
ro�Ml-wyr.5.07'03'32�N»e dlMa�e�W 3.�1l.33 tM te a t/2' _� f
ke�Ils/aw M WrM�MGht-eh'WeI Un��f TMM�51rw11 tlw�w r��
N.6T31'SS'M»da+Y�aN MerM��Y�*d��ft:0 Aaloncs W t43.76
twl�9 a 1/Y 4e�IMd d IM Mha�eMeu of Mld NwM � �--�-►
p�Mf�M-W�r�IM Ewt 0pi-e�-N71r ti.»af Fa�aidn SbMk ��
3�L . h�if b�PGOT��•10.CadsMMg 1ADi xrw.mer� _�
«w..+�r»air��a«w��°a s�Maer�e�+ \ —>
,�"��s°"'��.��.H�,,. � BR�AD�AY STREE7' �
FOR:MAE GRFENE GARDEN � `
P�1lT Of LOt M RANCE D N TNE PJtY OF G�Pt frYRA�tEM�. � �
ec�O�a►c a�.r oc�eco ar�ts roa POINT OF BEGIIVNING
�"���` OF ENTiRE PARCEL AND �•. a� �
�'�e�CfO"°��'�'�"�C°'""°��"0f p'�' POINT OF COMfiAENCEMENT � '��6' """" /
o r sew a»e.�a»�a.e��e r»ea+�a-.�-w.r � I.OAS TO
�»�t�*��'"�"'�°'*'"'�'�'0�"'NOj''�"'a OF MAE GREENE GARDEN � r�LACREs
ir�Nwrc Mww�S.OT9Y32'M.daM�aM EaM�MF�f-11►W tlnw• NORTHWE57 CORNER�OF LOT?8.WtNGE
AMe1�M=71.6�/w/h e 1/]'k�w RN aad 1M MNt OF •D'TO THE CIT'OF CAPE GIRAROEAU.MO at0af 6 S FEEi
l�RIIM10e M�ww�oediew S.OT03'32'M..e ahae�M 73.7t Mt b riaan�ot�r on wrc
s t/Y'le�w Red d IM Ewi�+d 6MM►ot�aN Lef/i.qbe p�Y� �
M»idws�ellen at 1M W►Mphf-d-MN�1Jn�W FeunbN SMMt�lih '
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kon IMk Mw�a d�v�M�Y mm�aW 41GM-a-MOY.tf.DTOS'S9'F..s �
�N N.70 MI M o p�MNO Oroi�i R»ne�NA3'32'62'MI..�a I
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ov.b m«.e.{e..e a»fdl aW Oewdr o/eew OMaewW ' I''�E�AL�B y
Ms�aM. M CK Swa+7�b�See1f�A.MdwMR hel�pbnd lend - �Ci 3
3uevh'a i��'• Dsl�d Juh of 200'f. SulJ�d M uddkq[ww�nh � �
d Ibeord.N aM• '
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REFERENCES ~
coaa�cxr lwoa-is��o �o.io�)
� y � �
RECORD PUT Of RYICF.S GTY OF CAPE GIRANOFAU ' � � �
PRfOR SUN1�E75 BY Pl5/2359
PRIOR SURYE'YS BY tK5/1276 .. �
PRIOR SUN'VfYS BY PlS f432 i � � p 1
PRIOR SUMVEYS 9Y PLS t151A �t I. 3 .
� ��,� �,s� i z �
AFJt1A1 PFqTOCR1PN
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1 � � � ' � � � ` I . 1
,
i '
1
LEGEND `rP�„' � � 1'`;RKINGLOT 1 �
_ �
• scr s/z-Roo ua iur ► ( � ' � ; s W 3
00
• ''°VND�0N R°0 POiNT OF BEGINNING ' � � � � °� ��= a
a �o�na��
o ���R�� OF MAE GREENE GARDEN �z•x�,V��wt �°` 8 �
A couro-r wcr�►�vosr � � M0a'�'�a'c o� �8
m �a sro�a�cwa� � �'��n��ke��: ��-
� � � M.4E CRE'�E� EN _ � s
*+-+ ua�+o�x uu� � � 0.186 AC
� "s"°�e° f s �
na.r�e e..u+r awr a a�ww s�...re..na»r.••rw r---_1
�» ...�.da.»�.��.���» 1
au�Md,rNeh Surw7 b kw ond eanot aM�ot �
�oow.vhA b M»baf o}mp eWtlY.h ee�ta�mene��6A 1M / �62'31
Sleb ef IIMo�rl.Ginn undK���y a1��k�11» � r�
Mo r � 1?S,)��
p/ord�eu,Waewl}hb 13M daf of hdp.A.D.200�. /
�— rHEM►s s�.RE�. $ �
�w�sum�r�ho. zus � /
� � /
vat Fat pccoao nrs_o�r ov _� � ;,
�w n+�o�sue a n��ov ocEoa M c�rt � (—'--—_.___
GIRAROEhU COIMIY AT JACKSON.MSSGtiRI IN StIR'VEYORS PUT �� 1
BOOK N0. AT►AGE N0. . ��� \ .
� GRA�� S�A�� '�
� �\ I s • w s •
JANET ROBERT.RECOPOER OF OEEDS V .
\� (a rar) tute.w wrtvn'1
��ee►.ao R
t ruT �
aoa w+E c�nuw s�cncesnoMrt+men�raH rn�+er. Mu� c+iec�a er: su �j��q�DS LAHD SURVEYWO �
inwiae cnve r�anxnFnu.rao zx£ r_3°.
a� �nsio� ■ a ws i
�5�vndk 1813 GRE6YBRlHi DR.CAPE�?ARaEAU.WSSOURI
FEOEwu eunox+c R�ocoz� �a� Q PFKNYE S FAX fST.�339-7I73
BILL NO. 09-31 ORDINANCE N0.
� AN ORDINANCE AUTHORIZING THE MAYOR TO
EXECUTE AN APPLICATION WITH THE U. S.
DEPARTMENT OF INTERIOR, THE GENERAL SERVICES
ADMINISTRATION AND THE NATIONAL PARK SERVICE
TO ACQUIRE SURPLUS FEDER.AL PROPERTY KNOWN AS
MAY GREENE GARDEN IN THE CITY OF CAPE
GIR.ARDEAU, MISSOURI,
WHEREAS, certain real property owned by the United States of
America, located in the City of Cape Girardeau, County of Cape
Girardeau, State of Missouri, has been declared surplus and, at
the discretion of the General Services Administration may be
assigned to the Secretary of the Interior for disposal for
public park or recreational purposes under the provisions of 40
U.S. C. § 550 (e) , and any regulations and policies promulgated
pursuant thereto, more particularly described as follows :
Federal Building and Courthouse 339 Broadway Street,
Parcel #2 May Greene Garden, City of Cape Girardeau,
� Cape Girardeau County, Missouri
Acreage of the total property requested: 0 . 186 acres
General Services Administration Control Number for
property: GSA# 7-G-MO-0673
Whereas, the City of Cape Girardeau needs and will use said
property in perpetuity for public park or recreational purposes
as set forth in its application and in accordance with the
requirements of said Act and any regulations and policies
promulgated hereunder;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIR.ARDEAU, MISSOURI AS FOLLOWS:
ARTICLE l . That the City of Cape Girardeau, Missouri shall
make application to the National Park Service for, and secure
the transfer to, the above-mentioned property for said use and
subject to such exceptions, reservations, terms, covenants,
agreements, conditions, and restrictions as the National Park
Service and the Federal disposal agency may require in
� connection with the disposal of said property under said Act and
2
the regulations and policies issued pursuant thereto.
ARTICLE 2 . The City of Cape Girardeau, Missouri has legal �✓
authority, and is willing and able, to properly develop,
maintain, operate, and assume liability of the property, and
that Mayor Jay B. Knudtson is hereby authorized, for and on
behalf of the City of Cape Girardeau, Missouri, to do and
perform any and all acts and things which may be necessary to
carry out the foregoing Ordinance, including the preparing,
making, and filing of plans, applications, reports, and other
documents, the execution, acceptance, delivery, and recordation
of agreements, deeds, and other instruments pertaining to the
transfer of said property, including the filing of copies of the
application and the conveyance documents in the records of the
governing body, and the payment of any and all sums necessary on
account of the purchase price thereof or fees or costs incurred
in connection with the transfer of said property for survey,
title searches, recordation or instruments, or other costs
identified with the acquisition of said property.
ARTICLE 3 . This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF ,
2 0 �/
Jay B. Knudtson, Mayor
ATTEST:
Gayle L. Conrad, City Clerk
� �
3
STATE OF MISSOURI )
� ) ss .
COUNTY OF CAPE GIR.ARDEAU )
On this day of , 2009, before me
appeared Jay B. Knudtson, to me personally known, who, being by
me duly sworn, did say that he is the Mayor 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
�
4
CITY OF CAPE GIRARDEAU,MISSOURI
� Office of the City Manager
Council Letter No. 09-37
Agenda February 17,2009
The Honorable Mayor
And
Members of the City Council
City of Cape Gitardea.u,Missouri
Dear Mayox and Council Members:
RE: Lynwood Hills North Subdivision—RECORD PLAT
The owner of the property known as the Lynwood Hills North Subdivision has
submitted xecord plats.
Previously in 2003,three duplexes on the North of Lynwood Hills Drive were
divided into separate units.'I'he ownexs of one of these duplexes,located at 2820/2822
Lynnwood Hills Drive,ate xequesting to divide the land where the duplex is located.
Since the duplex is alteady divided into sepaxate units and since accepta.ble plats have
been received,planning staff xecommends approval.The Planning and Zoning Commission
� recommends approval by a vote of 8 in favor,0 in opposition,and 0 abstaining.
Respectfully Submitted,
'�
Ken Eftink
Assistant City Manager
Director of Development Services
��%y�
�
Douglas K.Leslie
City Manager
�
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SUBDIVISION APPLICATION
ProjectName: �.�i�w�� ��\.s �oc�Y� 5.�1�'��,r;,n __index#
Project Location: Attach surveyor's leqal description on CD in State Plane Coordinates
� This application is for: ❑ Single-family residential � Multi-family ❑ Non-residential
0 Preliminary Subdivision Plat ❑ Record Plat(of an approved pretiminary 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 $90.00 minimum
NOTE: (a} The filing deadline is 3 weeks before the Planning & Zoning Commission meeting held the Znd
Wednesday of each month (except holidays that are observed by the City).
(b) The deadline for submittal of revisions necessary to meet State law and City ordinances, or desired
by the developer is 1 week before the Planning 8�Zoning Commission meeting.
(c) Any subdivision plat that requires corrections or for which required review fees have not been paid
shall not be presented to the City Council foc approval.
APPLICANT fmain contact): ���� OWNER(If Differentl:
Name: �if�/v/4L{� � U jl�Yo/YV/1�- S Name:
- __ _.
Firm: , Firm:
A.dress: �$ 2-0 oo.p ► !IS �Yl�e Address
�rr� � � i r.�r►��d-u '� > a�
� Phone:5��-�/-/85�ax: Phone: Fax:
E-mail: G�.,,��f•1�Yl� fl�'/f�'i��c'e�E-mail:
�
PROFESSIONAL SURVEYOR/ENGINEER: DEVELOPER
Name: �S. !�' � 4 � � Name:
Firm: 1/ F 6 Firm:
ddress: F � Q Address:
,/► �°e �o/✓��-3^ J���� D- 3 7 a�
Phone;:�7 3 33�b� �. Phone: Fax:
E-mail: E-mail:
1, the undersigned, do hereby state that I have read and fully understand the provisions of this application and
further, by my signature, I hereby agree to maintain compliance with 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 th ormal action by the City Council is not unnecessarily delayed.
Signature of Applicant Z(/2�_ Date: ,��'�S� � �
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BILL NO. 09-34 ORDINANCE NO.
� AN ORDINANCE APPROVING THE RECORD PLAT OF
LYNWOOD HILLS NORTH SUBDIVISION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1 . The record plat of Lynwood Hills North
Subdivision, being all of Lot 03 of Second Amended Plat of
Lynwood Hills Estates and being all of All of Units 5 and 6 of
Lynwood Hills North Townhouses in Section 23 , Township 31 North,
Range 13 East, in the County and City of Cape Girardeau, State
of Missouri, submitted by John A. Hillin, Amy L. Hillin, Anita
L. Hillin, Ronald Wene and Virginia Wene, bearing the
certification of Timothy Joseph Sander, a Registered Land
Surveyor, dated October 1, 2008, 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 .
AR.TICLE 3 . This ordinance shall be in full force and
� effect ten days after its passage and approval .
a
PASSED AND APPROVED THIS DAY OF ,
20
Jay B. Knudtson, Mayor
ATTEST:
Gayle L. Conrad, City Clerk
�
CITY OF CAPE GIRARDEAU,MISSOURI
� Office of the City Manager
Council Lettex Na 09-48
Agenda March 2,2009
The Honorable Mayar
And
Members of the City Council
City of Cape Giraxdeau,Missouri
Dear Mayor and Council Membexs:
RE: Request for a Rezoning of Property at 120 Warson Street
It is the request of the Cape Special Road District to rezone the pxoperty located at
120 Warson Street from R-1 (Single-Family Residential) District to M-1 (I.ight Industrial)
District.
This is the location of the headquarters for the Cape Special Road District and they
are xequesting the rezoning of their property so that they will be in compliance with the Citq
Zoning Code.
� The futute land use plan recommends light industrial use for this property. Planning
Staff recommended approval on no conditions and the Planning and Zoning Commission
recommended approval on no conditions with a vote of 8 in favor, 0 in opposition,and 0
abstaining.
Respectfully Submitted,
� ,
Ken Efttnk
Director of Development Services
Interim Ciry Manager
�
BILL NO. 09-36 ORDINANCE NO.
�
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, BY CHANGING THE ZONING OF 120
WARSON STREET, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI FROM R-1 TO M-1
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 Dwelling District, to
M-1, Light 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, March 2, 2009, 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 Dwelling District, to M-1,
Light 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 120 Warson Street, in the City and County of Cape
Girardeau, Missouri, from R-1, Single-family Dwelling District,
to M-1, Light Industrial District, said area including the
following described property:
All of Lot Nine (9) as shown by the Amended Plat of
LaCroix Industrial Park as recorded in Book 15, Page
38 of the land records of Cape Girardeau County, and
more particularly described as follows :
A tract of land located in the Northeast Quarter of
the Northwest Quarter and in the Northwest Quarter of
the Northeast Quarter in Section 23 , Township 31
North, Range 13 East, described as follows : Begin at
the North quarter corner of said Section 23 ; thence
South 89� 30' East, 267 . 3 feet; thence South 1� 27'
West, 340 feet; thence North 89� 30' West, 562 . 8 feet;
�
1
thence North 1° 27' East, 340 feet; thence South 89�
30' East, 295 . 5 feet to the point of beginning.
�
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-1,
Light 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
Jay B. Knudtson, Mayor
ATTEST:
Gayle L. Conrad, City Clerk 4 �
�,�+/�
�
2
�
CITY OF CAPE GIRARDEAU, MISSOURI
Office of the City Manager
Council Letter No. �9-4g
Agenda: March 2,2009
The Honorable Mayor
and
Members of the City Council
City of Cape Girardeau,Missouri
RE: PROPOSED AMENDMENT TO TI�CITY CODE RELATING TO TREES
Dear Mayor and Council Members:
The City Tree Board,as established by Section 24-43 of the Ordinance relating to
trees,has considered changes to the ordinance over the last several meetings. The
concerns of the boazd included the list of approved trees that may be planted on
public areas listed in Section 24-45. The new list includes trees better suited for use
� in public areas. The board also recommends changing Secrion 24-46 to remove the
sentence restricting planting of trees in such space as to encroach upon or cause
damage to any public improvement. In addition the board recommended the repeal
of Section 24-47 referring to the distance of trees planted between the curb and the
sidewalk. The board considered that both of the Sections to be amended or
removed were excessively restrictive and would not legally permit trees to be
planted in these areas in the future.
The proposed ordinance changes are included in the Council materials tonight for
ftrst reading approval.
Respectfully submitted,
�/��IL�.
Danie .Muser,Director
Parks and Recreation Department
',Q,`'C
Ken Eftink
Interim City Manager
Atta.chment
DM:KE:ms
�
BILL N0. 09-42 ORDINANCE NO.
� AN ORDINANCE AMENDING CHAPTER 24 OF THE CITY
CODE RELATING TO PUBLIC TREES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Sections 24-45 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 24-45. Public tree species to be planted.
The following list constitutes the official public tree
species for Cape Girardeau, Missouri . No species other
than those included in this list may be planted as
public trees without the written approval of the tree
board.
SMALL TREES MEDIUM TREES LARGE TREES
/� Cherry, Flowering Beech, European Ash, Green
f !
Crabapple, Flowering Blackgum Ash, White
Dogwood, Cornel Birch, River Baldcypress
Dogwood, Corneliancherry Elm, Lacebark Coffeetree, Kentucky
Goldenrain Tree Ginkgo
Dogwood, Flowering Hemlock, Canadian Magnolia, Southern
Dogwood, Kousa Holly, American Oak,Northern Red
Dogwood, Pagoda Katsuratree Oak, Shingle
Eastern Redbud Linden, Littleleaf Oak, Shumard
Hawthorn, Washington Maple, Red Oak, Swamp White
Holly, Deciduous Oak, Sawtooth Oak, White
Holly, Foster Pagodatree, Japanese Oak, Willow
Magnolia, Hybrids Sassafras Pine, Eastern White
Maple, Amur Spruce, Colorado Blue Redwood, Dawn
Maple, Japanese Spruce,Norway Sweetgum (Fruitless)
� Maple, Paperbark Yellowwood
Maple, Trident
Serviceberry �
Sourwood
White Fringe Tree
�� �z���r�t �"
�.�:'s ����b� r��Z�a�,��d�,;�r���� �� � �.�
ARTICLE 2. There is hereby enacted a new Section 24-45
Code of Ordinances, of the City of Cape Girardeau, Missouri, in
words and figures, to read as follows :
Sec. 24-45 . Public tree species to be planted.
The following list constitutes the official Public Tree
species for Cape Girardeau, Missouri . No species other
than those included in this list may be planted as
Public Trees without the written approval of the Tree
Board.
V
SMALL TREES MEDIUM TREES LARGE TREES
(Trees under 35' ) (Trees 35-60' ) (Trees to 80' )
Blackhaw* Beech, European American Basswood*
Cherry, Flowering** Birch, River* American Beech*
Crabapple, Blackgum* Baldcypress*
Flowering***
Dogwood, Cornel** Columnar English Oak Catalpa*
Dogwood, Columnar European Chinkapin*
Corneliancherry** Hornbeam
Dogwood, Columnar Norway Coffeetree,
Flowering*** Maple Kentucky*
Dogwood, Kousa** Columnar Red Maple Cucumber Tree
Dogwood, Pagoda** Columnar Sugar maple Ginkgo (male)
"Fairview"
Eastern Redbud*** Eastern Red Cedar* Hackberry
Hawthorn, SP*** Elm, Lacebark London Planetree
Holly, Deciduous Goldenrain Tree Magnolia, Southern
Ironwood* Hemlock, Canadian Oak, Burr*
Magnolia, (Little Holly, American* Oak, Cherrybark*
Girl Hybrids) **
Maple, Amur Holly Fosters Oak, Northern Red*
Maple, Japanese Honey Locust, Oak, Overcup*
Thornless �
Maple, Paperbark Katsuratree Oak, Post*
2
Maple, Trident Linden, Littleleaf Oak, Shingle*
� Red Buckeye*** Maple, Red* Oak, Shumard*
Serviceberry*** Oak, Sawtooth Oak, Southern Red*
Sourwood* Pagoda Tree,Japanese Oak, Swamp White*
White Fringe Tree*** Sassafras* Oak, White*
Spruce, Colorado Oak, Willow*
Blue
Spruce, Norway Oak, Scarlet*
Yellowwood* Pecan*
Zelkova Pine, Eastern White
Pine, Loblolly*
Redwood, Dawn
Short Leaf*
Sugar Maple*
Suger Berry*
Swamp Chestnut*
Sweetgum
(Fruitless) *
Tulip Poplar*
*Trees native to Missouri * �Flowering Trees
� * �Flowering trees native to Missouri
�
ARTICLE 3. Sections 24-46 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec. 24-46. Spacing.
The spacing of public trees shall be in accordance with
the three (3) species size classes listed in section
24-45 of this article and no public trees may be
planted closer together than the following: small
trees, thirty (30) feet; medium trees, forty (40) feet;
and large trees, fifty (50) feet . No public tree may be
planted in such space as to encroach upon or cause
damage to any public improvement.
i� �er:�by r�pealecl° �.,t� ���,s ��t�r�t:y.
ARTICLE 4. There is hereby enacted a new Section 24-46
Code of Ordinances, of the City of Cape Girardeau, Missouri, in
words and figures, to read as follows :
Sec. 24-46. Spacing.
� The spacing of Public Trees shall be in accordance with
the three species size classes listed in Sec . 24-45 of
3
this ordinance and no Public Trees may be planted
closer together than the following: small trees, 30 � �
feet; medium trees, 40 feet; and large trees, 50 feet . ��r�
ARTICLE 5. Section 24-47 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows :
Sec . 24-47 . Distance from curb and sidewalk.
The distance Public Trees may be planted from curbs or
curblines and sidewalks will be in accordance with the
three species size classes listed in Section 24-45 of
this ordinance, and no Public Trees may be planted
closer to any curb or sidewalk than the following:
small trees, 2 feet; medium trees, 3 feet; and large
trees, 4 feet.
�s �her�by����p���d`;�n it� �i���r��y:;
ARTICLE 6. zf 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 7. 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 8. This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS DAY OF , 19
Jay B. Knudtson, Mayor
ATTEST:
Gayle L. Conrad
City Clerk �
4
CITY OF CAPE GIRARDEAU,MISSOURI
� Office of the City Manager
Council Letter Na 09-47
Agenda March 2,2009
The Honoxable Mayor
And
Members of the City Council
City of Cape Girardeau,Missowi
RE: Adoption of the 2009-2014 Capital Imptovemeats Program
Dear Mayor and Council Members:
In accordance with the requirements of the City Charter,a public hearing regarding
the 2009-2014 Capital Improvements Pzogxam mas held on Tuesday,February 17,2009,at
7:00 P.M.,in the Council Chambers.
As a result of the public hearing and from additional information available since the first
draft,several changes have been made to the proposed plan. Most notably:
� 1-18 N.Main St Reconstruction was moved up into the 2010-11 year
1-19 Bertling St. Reconstruction moved up into the 2011-12 pear
TI'F projects in progress were adjusted to better show remaining costs
2-15 Water Plant No. Sludge System deleted as per Public Works
5tormwater projects were adjusted to better show remaining costs and timing
New projects identified by P&Z during TTF-4 discussions were added to the
unfunded needs list including Lampe Road,Downtown Sidewalks,the intersection
of William,Main and Aquamsi, Broadway and Henderson intersection and three
phases of Sprigg Stteet reconstruction.
These amendments will be included in the adopted program xeport
The City Chartex requires that the Capital Improvements Program be adopted on or
before Apri11,2009. Attached for the Council's consideration is a resolution adopting the
Capital Improvements Program. It is recommended that the City Council proceed with this
acrion.
Respectfully Submitted,
Dw` .
---�
Ken Eftink
� Asst City Manager/
Development Services Dixector
BILL NO. 09-38 RESOLUTION NO.
� A RESOLUTION ADOPTING THE FISCAL 2009-2014
CAPITAL IMPROVEMENTS PROGR.AM
WHEREAS, Article VI, Section 6 . 04 of the Charter of the
City of Cape Girardeau requires a Capital Improvements Program;
and
WHEREAS, the City Manager has presented a proposed Capital
Improvements Program to the City Council; and
WHEREAS, proper notice has been published concerning the
availability for inspection of the proposed Capital Improvements
Program and the time and place for a public hearing on the
Capital Improvements Program; and
WHEREAS, the City Council has held a public hearing on the
proposed Capital Improvements Program.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS :
� ARTICLE l . The City Council hereby adopts the five-year
Capital Improvements Program for fiscal 2009-2014, copies of
which are on file in the office of the City Clerk.
AR.TICLE 2 . The City Clerk is instructed to attach an
executed copy of this resolution to a copy of the Capital
Improvements Program for fiscal 2009-2014 and to retain such
copy with the permanent records of the City.
PASSED AND ADOPTED THIS DAY OF , 20
Jay B. Knudtson, Mayor
ATTEST:
Gayle L. Conrad, City Clerk
�
CITY OF CAPE GIRARDEAU,MISSOURI
� Office of the City Manager
Council Letter No. 09-50
Agenda Maxch 2,2009
The Honorable Mayor
And
Members of the City Council
City of Cape Giraxdeau,Missouri
Dear Mayor and Council Members:
RE: Resolution Authorizing the City Manager to Enter into an Agreement
with Southeast Missouri State University for a Historic Resource
Survey
The City's Historic Preservation Commission is requesting that the City Council
authorize the City Managex to enter into an agxeement with Southeast Missowi State -
University,through their Historic Preservation Program,to continue the Commission's �
survey of historic structures.This survey would include properties on both sides of Alta
Vista Drive and Terrace Drive on the North,Sprigg Street on the East,Pacific on the West,
and Bellewe Street on tl�e South.The proposed agreement will provide for the
� photographic and report documentation of the results of the survey.
The City has contracted with the Universiry's HP 588 Legal and Economic Principles
of Historic Preservation class, currently under the direction of Dr. Stephen Hoffinan, to
complete eighteen (18) such historic resource surveys to date.These surveys la.y the
groundwork and aid in the identification of potential Local and National Register districts
and landmarks as well as record the history of Cape Girardeau's built environment for future
generations.
The University has calculated the cost of the survey documentation,which includes
film,development,copies and miscellaneous expenses,at an amount not to exceed$470.
The Historic Presexvation Commission has this expenditure budgeted and approved the
project at their meeting on February 18,2009. City Staff recommends that the Council
adopts the attached resolution authoxizing this agreement.
Respectfully Submitted,
�
Ken Eftink
Director of Development Services
Interim City Manager
� -
� BILL NO. 09-39 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LETTER OF AGREEMENT WITH SOUTHEAST
MISSOURI STATE UNIVERSITY FOR AN HISTORIC
RESOURCE SURVEY, IN THE CITY OF CAPE
GIR.ARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIR.ARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1 . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
Letter of Agreement with Southeast Missouri State University for
an historic resource survey, in the City of Cape Girardeau,
Missouri . A copy of said Letter of Agreement is attached to
this Resolution and made a part hereof .
PASSED AND ADOPTED THIS DAY OF , 20
�
Jay B. Knudtson, Mayor
ATTEST:
Gayle L. Conrad, City Clerk
�
� /'
�jp M ��
SDuLL l�.G�►7t ONE UNIVERSITY PLAZA • CAPE GIRARDEAU,MISSOURI 63701-4799 • (573)651-2000 • http://www.semo.edu
Missouri State Universiiy
PROPOSAL
Historic Resource Survey
Proposed Project: To continue the historic resource survey of the historic neighborhoods and districts of Cape Girardeau by
Southeast Missouri Historic Preservation students by surveying the area bounded by Pacific Street on the West,Bellewe
Street on the South, Sprigg Street on the East and the properties on the north side of Terrace Drive and Alta Vista Drive on
the North.
Methodology: Under the direction of Dr. Steven J.Hoffman,the Legal and Economic Principles of Historic Preservation
class(HP 588)at Southeast Missouri State University will prepare an inventory of historic buildings by means of an
architectural survey of several blocks of this historic neighborhood. This will include preparing a photographic record of the
buildings and completing Missouri Department of Natural Resources Historic Property Inventory Forms.
Timeline: Work will begin on this project on February 18,2009 with a completion date of December 31,2009.
Dissemination of Results: The City of Cape Girardeau will receive a complete copy of the project report, including copies
of the individual property inventory forms. An additional copy of the report will be placed in the University Archives. The
original materials will be held by Dr.Hoffinan in the Department of History pending completion of the survey of the entire
district,at which time they will be forwarded to the Historic Preservation Section of the Missouri Department of Natural
� Resources.
Expenses: Total expenses will not exceed$470.00. This will include costs for photography,either digital or black&white
prints,reproduction of survey reports and various miscellaneous expenses associated with the project such as reproduction of
notices and survey forms,maps and incidental supplies.
Proposed By: Steven J.Hoffman,Ph.D.
Professor,Department of History
Coordinator,Historic Preservation Program
Southeast Missouri State University
(573)651-2808
�
Experience Southeast...Experience Success
..
M'�►'M u� - ����
SVI.ILL 1�..�.u7t ONE UNNERSITY PLAZA • CAPE GIRARDEAU,MISSOURI 63701-4799 • (573)651-2000 • http://www.semo.edu
Missouri State University
Letter of Agreement
This agreement is hereby entered into by Southeast Missouri State University and the City of Cape Girardeau
through its Historic Preservation Commission,on this day of ,2009.
Under the direction of Dr. Steven J.Hoffman,the Legal and Economic Principles of Historic Preservation class(HP
588)at Southeast Missouri State University will prepare an inventory of historic buildings by means of an architectural survey
of several blocks located in the following delineated survey area:
Pacific Street on the West,Bellevue Street on the South,Sprigg Street on the East and the properties on the
north side of Terrace Drive and Alta Vista Drive on the North.. The actual extent of the survey area will
depend upon the number of students enrolled in the course and the number of buildings on each block.
The project will include preparing a photographic record of the buildings and completing Missouri Department of Natural
Resources Historic Property Inventory Forms.
Work will begin on this project on February 18,2009 with a target completion date of December 31,2009. The City
of Cape Girardeau will receive a complete copy of the project report, including copies of the individual property inventory
forms. An additional copy of the report will be placed in the University Archives. The original materials will be held by Dr�,;;J
Hoffinan in the Department of History pending completion of the survey of the entire district,at which time they will be
forwarded to the Historic Preservation Section of the Missouri Department of Natural Resources.
The City of Cape Girardeau,via its agent the Historic Preservation Commission,hereby agrees to pay Southeast
Missouri State University for project expenses as outlined below. Dr.Bill Eddleman,Chair,Historic Preservation
Commission,wiil be the contact person for this project and Mr. Doug Leslie,Cape Girardeau City Manager,will be the
signatory of this Agreement.
Total expenses will not exceed$470.00. This will include costs for black&white film,photographic development
and contact prints,reproduction of survey reports and various miscellaneous expenses associated with the project such as
reproduction of notices and survey forms,maps and incidental supplies.
For Southeast Missouri For the City of
State University: Cape Girardeau:
y�N i�/9
�
Ka y M ge s date Mr.Doug Leslie date
U ce Pre ident for Finance
And Administration City Manager �
Experience Southeast...Experience Success
2009 Historic Preservation Survey
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0 55 110 220 Feet City of Cape Girardeau
2/19/09
� CITY OF CAPE GIRARDEAU,MISSOURI
Office of the City Manager
Council Letter No. 09-51
Agenda March 2, 2009
The Honorable Mayor
and
Members of the City Council
City of Cape Girardeau,Missouri
Dear Mayor and Council Members:
Subject: General Services Agreement
With the schedule of upcoming street,bridge and environmental proj ects,the city staff has
negotiated a general service agreement with Koehler Engineering and Land Surveying, Inc. This
type of agreement sets the general contract provisions between the consultant and the City and
provides for specific proj ect scopes and costs to be negotiated as amendments to the contract. T'here
is no cost specifically associated with entering into this agreement.
This is the same type of agreement that the City has successfully utilized in the past for the
� Transportation Trust Fund projects and water system projects. It allows for coordination between
projects and yet does not lock the City into using a particular engineer for an indefinite time.
It is recommended that the Council approve a resolution authorizing the City Manager to
enter into a general services agreement with Koehler Engineering and Land Surveying, Inc.
Respectfully submitted,
`
�
Kelly Green,P.E.
City Engineer
`�'z ,
Ken Eftink
Interim City Manager
KLG/KE/kj
�
BILL NO. 09-40 RESOLUTION NO.
�
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A GENERAL ENGINEERING SERVICES
CONTR.ACT WITH KOEHLER ENGINEERING AND L�1ND
SURVEYING, INC. , 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 a
General Engineering Services Contract with Koehler Engineering
and Land Surveying, Inc. , in the City of Cape Girardeau,
Missouri . A copy of said Contract is attached to this
Resolution and made a part hereof .
PASSED AND ADOPTED THIS DAY OF , 20
�
Jay B. Knudtson, Mayor
ATTEST:
Gayle L. Conrad, City Clerk
�
GENERAL ENGINEERING SERVICES CONTRACT
CITY OF CAPE GIRARDEAU, MO
�
THIS CONTRACT, between the City of Cape Girardeau, Missouri, hereinafter referred
to as the "City" and Koehler Engineering and Land Surveying, Inc., 194 Coker Lane,
Cape Girardeau, MO, hereinafter referred to as the "Engineer".
Whereas, the City may require professional Engineering services associated with
design and construction on a variety of projects, and Whereas the Engineer agrees to
provide design and construction inspection services at the discretion of the City, the City
and Engineer hereby agree that such services will be provided only at the request of the
City, and in accordance with the conditions set forth herein, or by mutually agreed
modifications of this Contract. Nothing in this Contract shall prevent the City from
retaining the services of any other Engineer at its sole discretion. It is mutually agreed
as follows:
ARTICLE 1 — SCOPE OF SERVICES
A. SD (Schematic and Preliminary Design Phase) — After written authorization to
proceed with the Preliminary Design the Engineer shall:
1. Assist the City in coordinating and deciding the needs and requirements of
the project.
� 2. Conduct topographic, property and utility surveys as needed and
supplement existing data and to be fully sufficient to determine the existing
conditions for the project and to develop plans for the project. All survey
work shall be completed in Missouri State Plane Coordinates, North
American Datum 1983, Eastern Zone.
3. Arrange for any subcontractor services as may be required.
4. Prepare alternate designs and cost estimates, develop preliminary plans,
and recommend the best design based on these studies, develop final
plans and specifications for the specific project.
B. DD (Design Development) PHASE — After written authorization to proceed with
the Design Development the Engineer shall:
1. Determine the right-of-away and easements required for successful
execution of the project. Provide necessary exhibits and legal descriptions
for necessary acquisition of right-of-way and easements. Assist the City in
acquiring the right-of-way and easements.
2. Prepare Drawings, Specifications, and Cost Estimates for the project,
incorporating the City standard specifications where available, and
� preparing specifications and standard details where said City standards
are not available.
i
3. Advise the City of any adjustments to the latest opinion of probable Total
Project Costs caused by changes in general scope, extent or character or
design requirements of the Project or Construction Costs. Furnish to City �
a revised opinion of probable Total Project Costs based on the Drawings
and Specifications.
4. Provide exhibits and obtain any necessary permits. Engineer's expense
for permit fees will be reimbursed by the City in addition to the design
fees.
C. CD (Construction Documents) PHASE — After written authorization to proceed
with the Construction Documents the Engineer shall:
1. Following receipt of final comments from the City, Engineer will complete
the final Contract Drawings, Specifications, and Bid Documents,
incorporating final comments received from the City.
2. Provide the final Engineers estimate of probable cost for the project
construction.
D. BIDDING PHASE —The Engineer will:
1. Furnish the City with 10 copies of the final Contract Drawings and Bid
Documents for purchase by prospective bidders.
2. Provide the City with one reproducible copy of the final Contract Drawings �
and Bid Documents for use for additional reproduction, if required.
3. Attend Bid Opening.
E. CONSTRUCTION PHASE — (Construction Phase Services are an option to this
contract, and are to be provided for and detailed in a supplemental agreement
prepared prior to construction activities, if such services are required by the City).
If the City desires to engage the Engineer to provide construction phase services,
the Engineer will serve as the City's representative for administering the terms of
the construction Contract. The Engineer shall not authorize change orders or
otherwise alter the terms of a construction Contract except with the City's
express written authorization. The Engineer witl attempt to protect the City
against defects and deficiencies in workmanship and materials. However,
providing project representation shall not make the Engineer responsible for
construction methods or procedures used by the Contractor, nor for the
Contractor's failure to perform work according to the Contract documents. More
specifically, the Engineer's services will include the following.
1. Assist the City with a pre-construction conference to discuss project
details with the Contractor.
2. Make periodic site visits to observe the Contractor's progress and quality �
of work, and determine if the work conforms to the Contract Documents.
2
J
Provide construction surveys and construction staking as required by the
Contractor. The Engineer will accompany the City's representatives on
� visits to the project as requested.
3. Check shop drawings, review construction schedules and drawings
submitted by the Contractor.
4. Reject work not conforming to the project documents.
5. Prepare change orders for issuance by the City as necessary to assure
that proper approvals are made before performance of work.
6. Review wage rates, postings, equal employment opportunity requirements
and other related items called for in the Contract.
7. Inspect materials, review material certifications furnished by Contractor,
sample concrete and other materials, and if required, arrange for
laboratory testing of samples by others on a subcontractor basis.
8. Maintain project records, construction diary and other project information,
measurements of quantities, and review monthly estimates for payments
due the Contractor. Estimates are to be submitted to the Engineer by the
10th of the month so that the Engineer can make their review to the City on
or before the 15th of the same month.
� 9. Be present during critical construction operations.
10.Participate in final inspection, and provide the City with project
documentation diaries, test results, certifications, etc., also provide record
plans for the City's records if requested.
11.Prepare final record survey and plans of the project.
ARTICLE II — ADDITIONAL SERVICES
The City reserves the right to request additional work, and change the duties of the
Engineer as deemed appropriate for specific projects, including modifying this Contract.
ARTICLE III — RESPONSIBILITIES OF CITY
The City will cooperate with the Engineer in the development of the project, including
the following.
A. Provide the Engineer with all pertinent file information concerning the project.
B. Provide the Engineer with the City's requirements for the project.
� C. Make provisions for the Engineer to enter upon property at the project site for the
performance of his duties.
3
D. Examine all studies and layouts developed by the Engineer
E. The City will perform appraisals and appraisal review, negotiate with property �
owners and otherwise provide all services associated with getting right-of-way or
easements.
F. Send Invitation to Bid to newspaper and qualified Contractors.
G. Distribute Bid Documents to Prospective Bidders.
H. Conduct Bid Opening.
ARTICLE IV— STANDARDS
Project design criteria will conform to Standard Specifications of the City of Cape
Girardeau. In the event such specifications are not applicable, another generally
acceptable specifications such as the latest version of Missouri Standard Specifications
for Highway Construction, America Association of State Highway Officials, etc., will be
appropriately used or amended to meet specific project requirements.
ARTICLE VII — SUBLETTING, ASSIGNMENT OR TRANSFER
No portion of the work covered by this Contract, except as provided herein, shall be
sublet or transferred without the written consent of the City. The subletting of the work
shall not relieve the Engineer of his primary responsibility for the quality and �
performance of the work. It is the intention of the Engineer to engage subcontractors for
the purposes of: foundation borings and tests, abstracts of title, and archaeological
studies, environmental studies, if required.
ARTICLE VIII — PROFESSIONAL ENDORSEMENT
All plans, specifications and other documents, shall be endorsed by the Engineer and
shall reflect the name and seal of the Professional Engineer endorsing the work.
ARTICLE IX— RETENTION OF RECORDS
The Engineer shall maintain all records, survey notes, design documents, cost
accounting records, construction records and other data concerning the project, for
three years following completion. Said records shall be made available for inspection
by authorized representatives of the City.
ARTICLE X— OWNERSHIP OF DOCUMENTS
All plans, tracings, maps and specifications prepared under this Contract shall become
the property of the City upon termination or completion of work. Basic survey notes,
design computations and other data prepared under this Contract shall be made
available to the City upon request. All information produced under this Contract shall be
available for use by the City without restriction or limitation. If the City incorporates any �
portion of the work into a project other than that for which it was done, the City shall
save the Engineer harmless from any claims and liabilities resulting from such use.
4
ARTICLE XI —TERMINATION FOR CONVENIENCE OF CITY
� The City may terminate this Contract any time by giving a minimum of ten (10) days
written notice to the Engineer. If the Contract is canceled, the Engineer will be paid for
the time extended and expenses incurred to the date of termination.
ARTICLE XII —TERMINATION OF CONTRACT FOR CAUSE
If, through any cause, the Engineer fails to fulfill, in a timely and proper manner, his
obligations under this contract, or any amendment thereto, or if the Engineer violates
any of the covenants, agreements, or stipulations of this Contract, the City shall
thereupon have the right to terminate this Contract by giving written notice to the
Engineer of such terminations and specifying the effective date thereof, at least five
days before the effective date of termination. In such an event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Engineer shall be entitled to receive just and equitable compensation
for any work satisfactorily completed hereunder.
ARTICLE XIII — DECISIONS UNDER THIS CONTRACT
The City will decide the acceptability of work under this Contract, and will decide afl
questions that may arise concerning the project. The City's decision shall be final and
conclusive.
� ARTICLE XIV— SUCCESSORS AND ASSIGNS
The City and the Engineer agree that this Contract, and all amendments entered under
the provisions of this Contract shall be binding upon the parties hereto and their
successors and assigns.
ARTICLE XV— COMPLIANCE WITH LAWS
The Engineer shall comply with all applicable laws, ordinances and codes of the State
and Local Governments, and the Engineer shall save the City harmless with respect to
any damages arising from any tort done in performing any of the work embraced by this
Contract.
�
s
ARTICLE XVI — FINDINGS CONFIDENTIAL
All reports, information, data, etc. prepared or assembled by the Engineer under this �
Contract are confidential, and the Engineer agrees that they shall not be made available
to any individual or organization without the prior written approval of the City.
ARTICLE XVII — INSURANCE
Without limiting the liability hereunder, Koehler Engineering and Land Surveying, Inc.,
shall maintain during the life of this agreement the following insurance and furnish the
City, certificates of insurance as evidence thereof. Such certificates shall provide that
cancellation of said insurance shall not be affected without thirty (30) days prior written
notice to the City. The certificates shall plainly designate the name of the project for
which the certificate is provided.
Insurance limits shall meet or exceed the insurance limits for Automobile and General
required under Missouri Revised Statutes Chapter 537.610 for the contract period.
In addition to these limits, the following insurance shall be provided under this
agreement.
1. Workers' Compensation insurance, providing coverage in compliance with the
laws of the state in which any part of the work is to be performed, and Employer's
Liability Coverage in the minimum amount of$1,000,000.00 for each occurrence. �
2. Architect's and Engineers Professional Liability Insurance. Professional Liability
(errors and omissions) shall be carried by the Engineer in the amount of $2,000,000 per
incident and $2,000,000 aggregate.
The Architect's and Engineer's Professional Liability Insurance shall include contractual
Liability Coverage for the liability assumed by Koehler Engineering & Land Surveying,
Inc., under this agreement, subject to the terms and conditions of the policy. The City
shall be named as an additional insured in the Certificate for Commercial General
Liability.
ARTICLE XVIII — PERIOD OF SERVICE
This Contract shalt remain in effect for a period of two years.
ARTICLE XIX— ATTACHMENTS
The following exhibits are attached and are with this made part of this Contract:
Attachment A— Rate Schedule, 2009
�
6
Executed by the Engineer this day of , 2009.
�
Executed by the City this day of , 2009.
FOR: City of Cape Girardeau
BY:
ATTEST:
Ms. Gayle Conrad, City Clerk
� FOR: Koehler Engineering and Land Surveying, Inc.
BY:
Chris Koehler, PE, PLS, President
ATTEST:
Lois Koehler, Secretary Corporate Seal
�
�
Rates forAdditional Services
KO�HLER ENGINEERING 8� LAND SURVEYING, INC. �
General Labor Rates for Standard Projects-2009
(Classifications Listed Below;All shifts)
Emplovee C/assification Hourly Rate Overtime Rate
Expert Witness $ 125.00 $ 125.00
Prinapal Engineer $ 85.00 � 85•�
Professional Engineer $ 75.00 $ 75.00
Environmental Professional $ 75.00 $ 75.00
Registered Geologist $ 75.00 $ 75.00
Engineer II $ 60.00 $ 60.00
Engineer I $ 50.00 $ 50.00
Senior Engineering Technician $ 55.00 $ 65.00
Engineering Technician $ 47.50 $ 56.00
Registered Land Surveyor $ 65.00 $ 75.00
Surveyor II $ 50.00 $ 60.00
2 Man Conventional Survey Crew $ 105.00 $ 120.00
3 Man Conventiona�Survey Crew $ 120:00 $ 145.00
Senior Construction Inspector/Materials Tech. $ 47.00 $ 57.00
Junior Construction Inspector/Materials Tech. $ 39.00 $ 49.00 �
Clerical/Administrative $ 27.50 $ 35.00
Testinq Fees:
Concrete/Asphalt/Masonrv: Per Test
Concrete Mix Design, Testing, report(Sub-Con.) $ 1,250.00
Aggregate Base Gradation Design/Spec.for Concrete $ 500.00
Cylinder-Cube: Cast/Break $ 13.00
Capping Cylinders(when necessary) $ 5.00
Masonry Prism- Cast, Cure, Break $ 75.00
Concrete Coring Varies, based on#&Dia.
Nuclear Gage: $ 24.00 per Day
(Slump, temp, and air content provided at no charge when technician is already in field).
A minimum charge of 2 hours/trip is charged to all job field calls forengineering,
surveying, or inspection/testing sta(f personnel. Specimen retrieval on days following
pours or masonry assemblies is charged at the hourly rate for a materials technician.
Additional Rates for many ofher test, including tnaxial strength, unconfined compression,
Marshal!mix design, etc. are furnished based upon number of test requi�ed and project
specifics. Standard prices above may be decreased for substantial projects.)
��../
.
Soil(asnhalt as apalicableL
� Atterburg Limits(Liquid; Plastic, Plasticity Index) $ 150.00
Relative Density Test(aggregates) $ 175.00
Dynamic Penetrometer Bearing Values $50.00/hr
Standard Procter $ 17b.00
Modified Procter $ 200.00
Sieve Analysis Varies, Based on Sample
Various Other Test Rates Available upon request:
Materials charged @ Cost x 1.10;T�avel Time is typically cha�ged one-way,and
mileage is charged at$0.40/mile
Geotechnieal Drilling and Samplinq
Mobilization of Drill Rig Dependent upon job site location
D�illing for Depth to Refusal Only $ 10/ft.
Drill&Sample with SS $ 13/ft.
Rock Coring $50/ft.
Laboratory Analysis&Report Generation: Dependent upon Job specifics.
Va�ious Other Drilling Rates Available upon request
Materials charged @ Cost x 1.10;Travel Time is typically charged round trip,and
mileage is charged at$0.495/mile
� '
�
� CITY OF CAPE GIRARDEAU,MISSOURI
Office of the City Manager
Council Letter No. 09-52
Agenda March 2, 2009
The Honorable Mayor
and
Members of the City Council
City of Cape Girardeau,Missouri
Dear Mayor and Council Members:
Subject: Resolution Authorizing the City Manager to Enter Into an Addendum to the
General Services Contract with Koehler Engineering and Land Surveying,Inc.
This Addendum to the General Engineering Services Contract provides for the Engineer to
assist the City in obtaining design documents for the modifications to Bloomfield Road from
Stonebridge Drive west to and including the Benton Hill Road Intersection, including geometric
modifications,vertical grade modifications,drainage improvements and related improvements. The
cost for this service shall not exceed one hundred thirteen thousand six hundred and sixteen doliars.
� Therefore,this Amendment to the General Services Contract between the City of Cape and
Koehler Engineering and Land Surveying, Inc. is presented for Council consideration and action.
Respectfully submitted,
Kelly Green,P.E.
City ngineer
�
�
Ken Efti
Interim City Manager
KLG/KE/kj
�
Bloomfield Road Phase IV
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� BILL NO. 09-41 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN ADDENDUM TO THE ENGINEERING
SERVICES CONTR.ACT WITH KOEHLER ENGINEERING,
INC. , FOR THE BLOOMFIELD ROAD PHASE IV
IMPROVEMENTS, 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
Addendum to the Engineering Services Contract with Koehler
Engineering, Inc. , for the Bloomfield Road Phase IV
Improvements, in the City of Cape Girardeau, Missouri . A copy of
said Addendum is attached to this Resolution and made a part
hereof .
PASSED AND ADOPTED THIS DAY OF , 20
�
Jay B. Knudtson, Mayor
ATTEST:
Gayle L. Conrad, City Clerk
�
� ADDENDUM TO ENGINEEI�ING SERVICES CONTRACT
FOR DESIGN OF BLOOMFIELD ROAD PHASE IV IMPROVEMENTS
CITY OF CAPE GIRARDEAU, MISSOURI
THIS ADDENDUM TO A EXISTING ENGINEERING SERVICES CONTRACT,
for general engineering services for engineering projects, between the City of
Cape Girardeau, hereinafter referred to as the "City" and Koehler Engineering
and Land Surveying, Inc., hereinafter referred to as the "Engineer".
This addendum shall be for the purposes of obtaining design documents for the
modifications to Bloomfield Road from Stonebridge Drive West to and including
the Benton Hill Road Intersection, including geometric modifications, vertical
grade modifications, drainage improvements, and related improvements. All
related demolition, new pavement construction, storm water and utility
improvements shall be addressed by the design under this contract.
Except as modified hereafter, all articles and provisions of the original contract
shall remain in full force and effect.
ARTICLE I — SCOPE OF SERVICES
� A specific scope of services for this contract addendum and the identified project
shall be as identified below:
A. SD (Schematic and Preliminary Design Phase) — After written
authorization to proceed with the Preliminary Design the Engineer shall:
1. Assist the City in coordinating and deciding the needs and
requirements of the project.
2. Conduct topographic, property and utility surveys as needed and
supplement existing data and to be fully sufficient to determine the
existing conditions for the project and to develop plans for the
project. All survey work shall be completed in Missouri State Plane
Coordinates, North American Datum 1983, Eastern Zone.
3. Arrange for any subcontractor services as may be required.
4. Prepare alternate designs and cost estimates, develop preliminary
plans, and recommend the best design based on these studies. In
addition to normal design activities, specific services to be
addressed by the preliminary and final design phases are to be as
indicated hereafter.
� i. Coordinate the project through initial schematic reviews by
the City.
ii. Provide for the preliminary design of new intersection �
geometrics and striping in accordance with the requirements
of the City.
iii. Provide the preliminary design of a Traffic Control Plan in
accordance with the City requirements.
5. Furnish two copies of the above SD (Schematic Design) documents
to the City.
B. DD (Design Development) PHASE — After written authorization to
proceed with the Design Development the Engineer shall:
1. Determine the right-of-away and easements required for successful
execution of the project. Provide necessary exhibits and legal
descriptions for necessary acquisition of right-of-way and
easements. Assist the City in acquiring the right-of-way and
easements.
2. Prepare Drawings, Specifications, and Cost Estimates for the
project, incorporating the City standard specifications where
available, and preparing specifications and standard details where
said City standards are not available.
3. Advise the City of any adjustments to the latest opinion of probable �
Total Project Costs caused by changes in general scope, extent or
character or design requirements of the Project or Construction
Costs. Furnish to City a revised opinion of probable Total Project
Costs based on the Drawings and Specifications.
4. Provide exhibits and obtain any necessary permits. Engineer's
expense for permit fees will be reimbursed by the City in addition to
the design fees.
5. Furnish the City with finro approval copies of the DD (Design
Development) plans, specifications, and cost estimate for final
review and comment.
C. CD (Construction Documents) PHASE — After written authorization to
proceed with the Construction Documents the Engineer shall:
1. Following receipt of final comments from the City, Engineer will
complete the final Contract Drawings, Specifications, and Bid
Documents, incorporating final comments received from the City.
2. Provide the final Engineers estimate of probable cost for the project
construction. �
� 3. Furnish CD (Construction Documents) per deliverables listed in
paragraph E below.
D. BIDDING PHASE —The Engineer will:
1. Furnish the City with 10 full size copies of the final Contract
Drawings and Bid Documents for purchase by prospective bidders.
2. Provide the City with one reproducible copy of the final Contract
Drawings and Bid Documents for use for additional reproduction, if
required.
3. Attend Bid Opening.
E. FINAL DESIGN DELIVERABLES —
i. One complete original full size set of plans with original seal
and one complete half size set of plans.
ii. AutoCAD Version 2009 Electronic Plans.
iii. Adobe portable document format (.pdf) electronic plans,
specifications, and cost estimate
� iv. Microsoft Word Documents of all specifications and front end
documents not City or State Standards..
v. Microsoft Excel spreadsheet document of final estimate.
For all phases of the design development (SD, DD, CD, and Bidding), the
Engineer shall submit detailed design progress reports with each
application for payment.
F. CONSTRUCTION PHASE — (Construction Phase Services are an option
to this addendum, and are to be provided for and detailed in a
supplemental agreement prepared prior to construction activities, if such
services are required by the City). If the City desires to engage the
Engineer to provide construction phase services, the Engineer will serve
as the City's representative for administering the terms of the construction
Contract. The Engineer shall not authorize change orders or otherwise
alter the terms of a construction Contract except with the City's express
written authorization. The Engineer will attempt to protect the City against
defects and deficiencies in workmanship and materials. However,
providing project representation shall not make the Engineer responsible
for construction methods or procedures used by the Contractor, nor for
the Contractor's failure to perform work according to the Contract
� documents. More specifically, the Engineer's services will include the
following.
1. Assist the City with a pre-construction conference to discuss project �
details with the Contractor.
2. Make periodic site visits to observe the Contractor's progress and
quality of work, and determine if the work conforms to the Contract
Documents. Provide construction surveys and construction staking
as required by the Contractor. The Engineer will accompany the
City's representatives on visits to the project as requested.
3. Check shop drawings, review constn.�ction schedules and drawings
submitted by the Contractor.
4. Reject work not conforming to the project documents.
5. Prepare change orders for issuance by the City as necessary to
assure that proper approvals are made before performance of
work.
6. Review wage rates, postings, equal employment opportunity
requirements and other related items called for in the Contract.
7. Inspect materials, review material certifications furnished by
Contractor, sample concrete and other materials, and if required,
arrange for laboratory testing of samples by others on a �
subcontractor basis.
8. Maintain project records, construction diary and other project
information, measurements of quantities, and review monthly
estimates for payments due the Contractor. Estimates are to be
submitted to the Engineer by the 10th of the month so that the
Engineer can make their review to the City on or before the 15th of
the same month.
9. Be present during criticaf construction operations.
10.Participate in final inspection, and provide the City with project
documentation diaries, test results, certifications, etc., also provide
record plans for the City's records if requested.
11.Prepare final record survey and plans of the project.
ARTICLE II — PERIOD OF SERVICE
The Engineer will commence work required by the addendum within 2 days after
receiving notice to proceed from the City. The addendum work shall be �
completed in accordance with the following schedule:
� A. Schematic Design Plans (SD) shall be completed for review by city
staff—Within 45 calendar days after receipt of notice to proceed. Staff
review period is anticipated to be approximately 10 days.
B. Design Development (DD) documents shall be revised and completed
within 95 days of notice to proceed. Easement plats and documents
shall be completed and submitted with the DD plans. Staff review
period is anticipated to be approximately 2 weeks.
C. Construction Documents (CD) shall be completed and submitted within
140 calendar days from the original notice to proceed.
D. The period of service for construction phase services will be detailed in
a supplemental agreement, if required.
The above times are exclusive of review time by other agencies and exclusive of
time needed to acquire right-of-way. The City will grant time extensions for
unavoidable delays beyond the control of the Engineer. Requests for extensions
of time shall be requested in writing by the Engineer, stating fully the reasons for
the request.
�
ARTICLE III — INSURANCE
Without limiting the liability hereunder, Koehler Engineering and Land Surveying,
Inc., shall maintain during the life of this agreement the following insurance and
furnish the City, certificates of insurance as evidence thereof (attachment B).
Such certificates shall provide that cancellation of said insurance shall not be
affected without thirty (30) days prior written notice to the City. The certificates
shall plainly designate the name of the project for which the certificate is
provided.
Insurance limits shall meet or exceed the insurance limits for Automobile and
General required under Missouri Revised Statutes Chapter 537.610; which are
reproduced in the table below.
For:alt c�a��n� art�r�� �or.any one person
1C�ar out�#`a s��tc��� , i°n a si;n`gle
-acc���n��ir���i`�r����� a��1�Ient Qr occurrence
2009 $2,525,423 $378,814
�QE��$ $2,418,992 $362,849
_.... .�
___ _
�(�07' $2,369,306 $355,396
� 2�TOS $2,303,326 $345,499
:� � �
�!�`���1 � '�1'���'i�,* �BC=S�f1
�e� ��'����" i��"���e
. : �` �`_ � . ' �. �������r�������u�-��r���
s� t �
.: . �:: _. ,..
_ .�:. . _
- - $2,234,121 $335,118
� _. :��
$2,186,741 $328,011
;._.�:-;_-�:�:
���.. .�; $2,145,322 $321,798
� :' : $2,111,043 $316,656
-_•:a., .:
�t'W�'�:� $2,079,420 $311,913
� ' �
=__ $2,033,473 $305,021
In addition to the required insurance stipulated above, specific limits of coverage
that are to be provided for this project are as identified in the following
paragraphs:
1. Workers' Compensation insurance, providing coverage in compliance with
the laws of the state in which any part of the work is to be performed, and
Employer's Liability Coverage in the minimum amount of $1,000,000.00 for each
occurrence.
2. Commercial General Liability insurance shall be carried by the Engineer in
the amount of $1,000,000 per occurrence and $2,000,000 aggregate, including �
Products and Completed Operations.
3. Commercial Automobile Liability insurance shall be carried by the
Engineer in the amount of$1,000,000 per occurrence and $2,000,000 aggregate,
including Products and Completed Operations.
4. An umbrella insurance coverage issued over and on top of the limits
indicated under paragraph 1, 2, and 3 of this article shall be maintained in the
amount of$4,000,000 for each occurrence and $4,000,000 aggregate.
5. Architect's and Engineers Professional Liability Insurance. Professional
Liability (errors and omissions) shall be carried by the Engineer in the amount of
$2,000,000 per incident and $2,000,000 aggregate.
The Architect's and Engineer's Professional Liability Insurance shall include
contractual Liability Coverage for the liability assumed by Koehler Engineering &
Land Surveying, lnc., under this agreement, subject to the terms and conditions
of the policy. The City shall be named as an additional insured in the Certificate
for Commercial General Liability.
�
� ARTICLE IV— COMPENSATION
For services provided under this addendum, the City will compensate the
Engineer as follows:
A. For design services, including work through the completion of the final
design plans and specifications, the City will reimburse the Engineer
for the hours expended and at the hourly rates set forth in Attachment
"A" affixed hereto. For the basic design services set forth in this
addendum, reimbursement to the Engineer shall not exceed
$113,616 (One Hundred Thirteen Thousand, Six Hundred Sixteen
Dollars) which sum includes surveyinq, qeotechnical, and design
services for the extension of Bloomfield Road from Stonebridqe
Subdivision West to and bevond the intersection of Countv Road #206
together with improvements to this intersection and County Road #206
as required.
B. Engineer may invoice periodically and commensurate with completion
and acceptance of each phase described above.
ARTICLE V
� This addendum is made and entered into subject to the approval of the City of
Cape Girardeau.
ARTICLE VI — ATTACHMENTS
The following exhibits are attached hereto and are hereby made part of this
contract:
Attachment A— Current Rate Schedule for Contract Work
Attachment B — Insurance Certificate
�
Executed by the Engineer this day of , 2009. �
Executed by the City this day of , 2009.
FOR: City of Cape Girardeau
BY:
ATTEST:
Ms. Gayle Conrad, City Clerk
FOR: Koehler Engineering and Land Surveying, Inc.
BY: �
Chris Koehler, PE, PLS, President
ATTEST:
Lois Koehler, Secretary Corporate Seal
�
� Rates for Additional Services
KOEHLER ENGINEERING 8� LAND SURVEYING, INC.
General Labor Rates for Standard Projects-2009
(Classifications Listed Below;All shifts)
Emplovee C/assification Hourly Rate Overtime Rate
Expert Witness $ 125.00 $ 125.00
Principal Engineer $ 85.00 $ 85.00
Professional Engineer $ 75.00 $ 75.00
Environmental Professional $ 75.00 $ 75.00
Registered Geologist $ 75.00 $ 75.00
Engineer II $ 60.00 $ 60.00
Engineer I $ 50.00 $ 50.00
Senior Engineering Technician $ 55.00 $ 65.00
Engineering Technician $ 47.50 $ 56.00
Registered Land Surveyor $ 65.00 $ 75.00
Surveyor II $ 50.00 $ 60.00
2 Man Conventional Survey Crew $ 105.00 $ 120.00
3 Man Conventional Survey Crew $ 120:00 $ 145.00
� Senior Construction Inspector/Materials Tech. $ 47.00 $ 57.00
Junior Construction Inspector/Materials Tech. $ 39.00 $ 49.00
Clerical/Administrative $ 27.50 $ 35.00
Tesfinq Fees:
Concrete/Asphalt/Masonry: Per Test
Concrete Mix Design, Testing, report(Sub-Con.) $ 1,250.00
Aggregate Base Gradation Design/Spec. for Concrete $ 500.00
Cylinder-Cube: Cast/Break $ 13.00
Capping Cylinders(when necessary) $ 5.00
Masonry Prism-Cast, Cure, Break $ 75.00
Concrete Coring Varies, based on#&Dia.
Nuclear Gage: $ 24.00 per Day
(Slump, temp, and air content provided at no charge when technician is already in field).
A minimum charge of 2 hours/trip is charged to all job freld calls for engineering,
surveying, or inspection/testing staff personnel. Specimen retrieval on days following
pours or masonry assemblies is charged at the hou►iy rate for a materials technician.
Additional Rates for many other test, including triaxial strength, unconfined compression,
Marshall mix design, etc. are furnished based upon number of test required and project
specifres. Standard prices above may be decreased forsubstantial projects.)
�
�
Soil(asahalt as aqplicable):
Atterburg Limit&(Liquid, Plastic, Plasticity Index) $ 150.00 �
Relative Density Test(aggregates) $ 175.00
Dynamic Penetrometer Bearing Values $50.00/hr
Standard Procter $ 175.00
Modified Procter $ 200.00
Sieve Analysis Varies, Based on Sample
Various Other Test Rates Available upon request:
Materials charged @ Cost x 1.10;Travel Time is typically charged one-way,and
mileage is charged at$0.40/mile
Geotechnical Drillina and Samplinq
Mobilization of Drill Rig Dependent upon job site location
Drilling for Depth to Refusal Only $ 10/ft.
Drill&Sample with SS $ 13/ft.
Rock Coring $50/ft.
Laboratory Analysis&Repo�t Generation: Dependent upon Job specifics.
Various Other Drilling Rates Available upon request:
Materials charged @ Cost x 1.10;Travel Time is typically charged round trip,and
mileage is charged at$0.495/mile
. �/
�
ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID pT DATE(MtNDDlWYY}
KOEHENI 02/23/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INfORMATION
W. E. �aI,KER-LAKENAN ONLY AND CONFERS NO RIGHTS UPON THE CERTIflCATE
� 117 SOUTF� SRAADVIEW HOLDER.THIS CERTIFICATE DOES NOT AIYIEND,EXTEND OR
P O BOX 733 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CAPE QIRARDEAU MO 63702-0733
Phone:573-335-3307 Fax:573-335-5844 INSURERS AFFORDING COVERAGE NAIC#
wsu�o inisur�R n: HAyPiCEyE-SECtJRITY IN5URANCE
INSURER 8:
Koehler Enqineeriaq be INSURER C
Surveying Iac.
194 Coker Lane INSURER D:
Cape Girardcau MO 63701
INSURER E:
COVERAGES
THE POLICIES OF INSURPNCE LISIED BELOW H4VE�EN ISSUED TO THE INSURED W�MED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REOUIREMENT,TERM OR CONDIT1aJ OF ANY CONTRACT OR OhiER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
M4Y PERTAIN,THE IN5IJRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSI.ONS AND CONDITIONS OF SUCH
POIICIES.AGGREGATE LIMITS SHOWN M4Y HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NS TYPE OF INSURANCE POI-ICY NUMBER DATE(MMIOD/W� DATE(MINDOlYY) LIMRs
GENERAL LIA8ILITY EACH OCCURRENCE $�,�O OO�O OO
A x X COMMERCIALGENERPLLIABILITY CCP8026810 03/25/OB 03/25/09 pREMISES(Eeoccurence) 530��0��
cuurns�E X❑occuR MED EXP�Arry one persm) S 10,00 0
X BLKT ADD'L INS�D PERSONAL&ADV INJURY E 1�OOO�OOO
X PROF EXCI,UDED GENERPL AGGREGATE $Z�O O O�O O O
GEN'L AGGREGAIE LIMIT APPLIES PER: - PRODUCTS-COMP/OP AGG $2�O OO�O OO
POLICY X Pj� LOC
AUTOM081LE LIABILITY
A X ANYAUTO BA8029309 03/25/08 03/25/O9 CONffiII�DSIN�LELIMIT a 1 0.00 000
lee a�aern� , ,
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AItTOS (Perperson)
HIRED AIIf US �
BODILY INJURY g
NON-OWNED AUTOS (Per ecciderAj
� PROPERTY DAMAGE a
�Per acciderrt)
� �� OARAGE LIABILITY AUTO ONLY-EA ACCIDEM $
ANV AUiO EA ACC S
O1HERiHAN
AUTO ONLY: qGG 8
EXCESSNMBREILA LIABIl17Y EACH OCCURRENCE $�}�O O O�O OO
A OCCUR �CIAIMSMADE CU8021514 03/25/08 03/25/09 AGGREGATE $Q�QQQ�QOQ
s
DEDUCTIBLE � f
X RETENTION $�.O�OOO E
WORKERS COMPENSATION AND X TORY LIMITS ER
A EMPLOVERS'LUIBILITY p�8025110 . 03/25/OS 03/25/09 E.L.FACHACCIDENT $1,0��0��
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EAEMPLOYEE E 1000000
If yes,describe untler
SPECIPL PROVISIONS Debw E.L.DISE4SE-POLICY LIMIT S�.00OOOO
orH�x
A Equipanent Floater CCP8026810 03/25/OB D3/25/09 Equip Ded $250
A Property CCP8026810 03/25/08 03/25/09
� DESCRIPTION OF OPERATIONS/IOCATIONS/VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT!SPECL4L PROVISIONS
CERTIFICATE HOLDER IS INCLUDED �PITHIN THE OEN�RAL LIASII+ITY BI.ANKET
ADDITIONAL IN3URED PROV29ION
CERTIFICATE HOLDER CANCELLATION
CITYCAI �OULD ANY OF hIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE hiE EXPIRATION
DATE THEREOf,iHE ISSUING IN3URER WILL ENDEAVOR TO MPJL �.O DAYS WWTTEN
NOTICE TO T}�CERTIFICATE HOI�ER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
CITY OF CAPE GIRARDEAU IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE tNSURER,ITS AGENTS OR
� 401 INDEPENDENCE
CAPE QIRI�FZDEAU MO 63702-0617 �P�SENTATNES.
AUTHORIZEO RE SENTATIVE
ACORD 25(2001/08� �ACORD CORPORATION 1988
�
IMPOR�TANT
If the certificate holder is an ADDITIONAL INSURED,the policy{ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Cert�cate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized �epresentative or producer, and the certificate holder, nor does it
a�rmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
�
ACORO 25(2001108)
CITY OF CAPE GIRARDEAU
� Office of the City Manager
Council Letter No.09-53
Agenda Mazch 2, 2009
The Honorable Mayor
and
Members of the City Council .
City of Cape Girardeau, Missouri
RE: 1998 State Revolving Fund Program Authorized Representative
2000 State Revolving Fund Program Authorized Representative
Dear Mayor and Council Members:
In 1998, the City Council authorized applications to the Missouri Department of
Natural Resources, State Revolving Fund Program for loans to assist in the expansion of
Water Plant#1 and various other water projects. On March 21,2005 by resolution
number 2051,the authorized representarive was changed to City Manager poug Leslie.
In 2000, the City Council authorized applications to the Missouri Department of
� Natural Resources, State Revolving Fund Program for loans to assist in the construction
of the South Ramsey collection system along with other improvements to lift stations and
force mains located along the Mississippi River flood protection levee. Subsequendy,the
authorized representative was changed to City Manager poug Leslie.
In order to change the authorized representative for these SRF loans, the
Department of Natural Resources has indicated a new resolution should be adopted
formally changing the designated representative for the city. Therefore, it is
recommended that the City Council adopt the attached resolution changing the authorized
representative for these projects to Interim City Manager Ken Eftink.
Respectfully submitted,
��� �
John R. Richbourg
Finance Director
�"`
Ken Eftink
Interim City Manager
�
BILL NO. 09-43 RESOLUTION NO.
�
RESOLUTION AUTHORIZING THE FILING OF ALL NECESSARY
DOCUMENTS WITH THE MISSOURI DEPARTMENT OF NATURAL
RESOURCES, STATE REVOLVING FUND PROGR.AM FOR LOANS
UNDER THE MISSOURI SAFE DRINKING WATER LAW (SECTION
640, RSMo. ) AND THE MISSOURI CLEAN WATER LAW (SECTION
644 . 006 THROUGH 644 . 141, RSMo. ) REGARDING THE
EXPANSION OF WATER PLANT NO. 1 AND VARIOUS OTHER WATER
PROJECTS, IN THE CITY OF CAPE GIR.ARDEAU, MISSOURI
WHEREAS, under the terms of the Safe Drinking Water Law,
Section 640, Revised Statutes of Missouri, and the Missouri
Clean Water Law, Section 644, Revised Statues of Missouri, the
State of Missouri has authorized the making of loans and/or
grants to authorized applicants to aid in the construction ot
specific public projects .
WHEREAS, the City Council has previously authorized an
application with the State of Missouri for loans under the State
Revolving Fund Program for the expansion of Water Plant No. 1
� and various other water projects .
WHEREAS, it is necessary to change the authorized
representative for the city of Cape Girardeau to allow for the
submission of necessary documents for the loan programs for
these projects .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Cape Girardeau:
1 . That Interim City Manager, Ken Eftink, be and is hereby
authorized to execute all necessary documents on behalf of the
City of Cape Girardeau with the State of Missouri for a loan to
aid in the expansion of Water Plant No. 1 and other various
projects .
2 . That Interim City Manager, Ken Eftink, be and is hereby
authorized and directed to furnish such information as the
Missouri Department of Natural Resources may reasonably request
in connection with the applications which were previously
authorized, to sign all necessary documents on behalf of the
applicant, to furnish such assurances to the Missouri Department
of Natural Resources as may be required by law or regulation,
� and to receive payment on behalf of the applicant .
Passed and Adopted this Day of , �
2009 .
Jay B. Knudtson, Mayor
Attest:
Gayle L. Conrad
City Clerk
�.�/
�
CITY OF CAPE GIRARDEAU
� Office of the City Manager
Council Letter No. 09-54
Agenda Mazch 2, 2009
The Honorable Mayor
and
Members of the City Council
City of Cape Girardeau, Missouri
Re: Appointment to Board of Adjustment
Dear Mayor and Council Members:
One term on the Board of Adjustment is set to expire March 6, 2009. T'his position is
presently held by Mr. George Peo. He has expressed interest in being reappointed to the boazd,and
his advisory board summary sheet is attached. Also attached is a roster for the board as well as the
attendance record for the last yeaz.
According to Section 30-61 of the City Code, "The Board shall consdst offive 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. Mr. Ed
Thompson and Ms. Krisinda Cook have both expressed interest in serving on this boazd, and their
summary sheets are attached.
It is recommended that one appointment be made to the Board of Adjustment for a term
expiring March 6, 2014. If you have any questions or comments,please do not hesitate to contact
this office.
Respectfully submitted,
��n�
Gayle . Conrad
City Clerk
�� .
Ken Eftink
Interim City Manager
� GLC:KE:gc
CITY OF CAPE GIRARDEAU, MISSOURI
Roster of Advisory Boards and Committees
� February 12, 2009
All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted.
Members may serve for only three consecutive terms effective
with terms commencing January 8, 1996.
Board ofAdiustment
Date Appointed Date Reappointed Term Expires
George Peo 7/9/03 alt; 6/6/OS --- March 6, 2009
Mark Buerck 6/95 alt; 1/22/02 2/22/OS March 6, 2010
David Hinton (alternate) September, 1990 9/5/95; 10/9/00; 8/15/OS September 4, 2010
Edward Hart(alternate) January 22, 2002 8/15/OS September 4, 2010
Timothy Kelley(alternate) Apri121, 2008 --- September 4, 2010
Larry Caldwell June 6, 2005 alternate 8/15/OS March 6, 2011
9/4/07 full member
William Whitlock December 4, 2003 February 20, 2007 March 6, 2012
Daniel F. Littl�Chairman February 17, 1993 2/17/98; 2/19/03; 2/19/08 March 6, 2013
Serve five year terms,appointed by Mayor,approved by Council. Meetings held first Thursday at 7:00 p.m. in the Council
chambers. Board considers requests for variances from the Zoning Ordinance provisions. Staff contact —Tim Morgan,
Inspection Services Director334-4466.
�
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CITY OF CAPE GIRARDEAU, MISSOURI
BOARD MEMBER SUMMARY
�Name �����(��, � � ��o Telephone: Day 33 l-8.�2/
Home Address 3/2-� Jiv,�,� p�-,v.�r��� �2 � Evening 3 3g- ��2/
E-mail Address
Year Current Residence in Cape Girardeau Began J98�
Current Employer and Position �{F r�e¢-�p
Previous Employers and Positions D�-��'rv c � ✓►��pp>,�G- ,,����vcy ��n o ��h-� �,�rEn�
P�-�»-6 �n.9-rn�Tar��,�nTo�n�-r,��.ae- � �v1��. N s�az v �a-�To G�2M��'-�a�c ��+1-��
�
d'L v9 `��,_ ./°.�li.,Y"� � Cc�,�r�rr-t.E.vT
In which Board(s) are you interested? �D fl o/= AD�/vs,�x��T
Special Qualifications for specific board(s) (include past board service) �,f�-,- B 6�D .��R�y 9G 5
//,f/P�02 N'L �!�1�,9�.r-lJ i/d/G t'i�//��r� t.�'/Y.�1 �.vS7�2uG-t/on/ ,�jr� Go D l�s
Educational Back� �,✓• ��GG,�Zi0;7J �(,�s�i,vd,o� � � ���{ . /�� Gor p,�,��� S�U,
� J /
C�rL,a aa> ��F«: � �v-�y-7��.�=o �,�.t-r i�,�: f ���r �(-%'�� �� (��_-o�✓��9t�v �l,�
�.�'c���zm�� �-u-e,) �bu:�/1t�� v/<-�-�
Community Activities (Include offices held and committee service) r �s-r�r� /�v� /Dit-sy�,�s.��s
�� /
.�G ��- ; ' �sr Gz ��.���n,+�• �04 � �o�y,�,�✓�-N..1�i,� ; ��v S��n��s or- �J9Frd2.IGR-'W}2�l1+NTLc/
,
.,�.vc,T>�v�v,�t� (�Il=�' �vat' `�, �T 1�d26s,�yT.�,xl.a,•+ ��/Lc/f; �� `��.F�s /7.�i�g.r �S u�i�acry
��r�� ,��i�� C pn-,�5 �`���2 - �y� �
Meeting time(s) convenient for you: (Please check one in A and one in B)
A. Weekly Monthly � Anytime
B. Morning � Noon X 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.
Signed �z �_� Date �v v�- ��03
� ** 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.
�, f�
°���_����.:,�-� �i;,
' � �a.,:_.r ���;.,,
CITY OF CAPE GIRA RDEAU, MISSOURI � ;°�;::;;;
BOARD 1VIEMBER SIfMMARY
Name r i 5 i n d a Coo k Telephone: Day 33��5333 � )
. /' /� �+
Home Address e 0� �r��� Evening��3�J' ''7�o���P
E-mail Address )CY'�5 t i'�CL�.00�i (��l QT �10D• 0 M
Year Current Residence in Cape Girardeau Began _�Ot't'1,�3 f�Ql� i�1�C'�
Current Employer and Position �'X� ��� 1�.�5 SX1C. " O,�cra-�coY�S��.t'14c�QP.►"
Previous Employers and Positions �
� t �
In which Board(s)are you interested?,�f� loN 81oab �onnmu�i}� ��a�cans Counci�f
J��d o� �d iu�s�-Fnert�_�.�r�A�D�.lS Or wh.e.r� ,�et�cd�
�cial Qualificatians for specific board(s)(inciude past board service) ,
� cha�5e �. 1/�s�ain aaao boar� be�.�. �at� an ac�ive IY1QrnI102r" oF
� 1 c�e g �r�+ -f�o see �� r�,� ' h 'a( .
Z ' ar �1 "lac�" ' �e�`� —
Educational Background YY1 � � �Ol�l�� I"����11"t
e tY1 lCA� S — � �1Q. fc Ll/!�ll. 5��. Z1"•�/
�
Community Activities(Include offices held and committee service)
. � ��/7
a o�' � r b2/;
� � ' , i
�
�.�n�n n�-c� o r.�, �n?o �.�e�e �,� De�� Te�m
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? �Yes ❑ Na
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 ,�',Q�(/rJ ,, ��V Date�� 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.Boz 617,Cape Girardeau,MO 63702-0617. �
CITY OF CAPE GIRARDEAU, MISSOURI
BOARD MEMBER SUMMARY
�Name �� ��d�`��-�/v Telephone: Day � �7�- �`�l'l0
Home Address .�/�S V ,�lC.� Evening �3�- �S�S�J(a
E-mail Address ��4q � �Sltl' ,C'�
Year Current Residence in Cape Girardeau Began l�-/'q7- 2�51 ���� S tr�e /97�
Current Employer and Position S'�[.IE
Previous Employers and Positions (�r/t��g[.��KS7'— ,�57'ir��dT�.�G �.�dJrLT .Su✓.�-
c�����y �H�s -- Dwti�,z.
L�/G, //�07�1�30� ��(sr— —�f-�N6�'z..
In which Board(s) are you interested? l�oord Q d ,�)d��s��,�, /j� yi ����/5,, �� � �x,c�m.�Ke�s
�i4.�tc s �'12�c , C�, b ro,�� �c��l, J����r C'�K., T/G��- l���c r�
Special Qualifications for specific board(s) (include past board service)
��s 7r2UcTt c,� �x/>c i��E.trGc" o,� �S y'�s—
/�7du6/t�/J�7 �Cs✓.t���
<J �1dc�c� ��GO►�-n �``�%d�i�c.� �-/�c.c.��o�i�.«,��g-�rctLt�-c �se'�i�s �.1 G��CLrc�,c�
�Educational Back rg o� und
� - �vS�NC�S 5 �C�l 7 �` � '/�✓�Ctr'r'i.t-s — �/�!a � ��v�r 6�f
Community Activities (Include offices held and committee service)
�,� ..f'e�e,o/ /�� — ��t`t3�i7cti> 3�i,�-�
�%�I,G� C:C,u a W-- f/`��r ou s '!�0'��u, /7 PP s
��✓� � 7"�irr d LS T ��Uc�� � �!/LCT tJs C�C��w� ��'S"
/�aTi�a � �55ac� yS �1�f0'�'1�f�c�� ��P✓5 ^ �ll�'S��'lc�T . V�� liP.Bg,
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 Anytime x
Would you like to receive news from the City via e-mail? ,� 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 // Z a�"
,�J�
** 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
� Office of the City Manager
Council Letter No.09-55
Agenda March 3, 2009
The Honorable Mayor
and
Members of the City Council
City of Cape Girardeau, Missouri
Re: Tree Board
Dear Mayor and Council Members:
One term on the Tree Board expired February 1, 2009. This term was held by Mr.
'Thomas Harold. Mr. Harold is no longer eligible to serve on the board due to term limits. A
copy of the roster for the Board is attached for your review.
The Tree Board consists of the Public Works Director, Parks and Recreation Director,
one member of the Parks and Recreation Advisory Board, and two residents of Cape Girardeau
selected by the City Council. Mr. Kevin Govero has expressed interest in serving on this Board,
� and his advisory board summary sheet is attached.
It is recommended that one appointment be made to the Tree Board for a term expiring
February 1, 2012. If you need any additional information, please do not hesitate to contact us.
Respectfully submitted,
Gayle . Conrad
City Clerk
��
Ken Efti
Interim City Manager
�
CITY OF CAPE GIRARDEAU, MISSOURI
Roster of Advisory Boards and Committees
� February 12, 2009
All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted.
Members may serve for only three consecutive terms effective
with terms commencing January 8, 1996.
Tree Board
Date A�pointed Date Rea�pointed Term Expires
John Layton, Chairman January 19, 1999 1/22/O 1; 1/04; 1/22/07 February 1, 2010
Robert Harris, Parks& Rec Brd April, 2008 --- February I, 2011
Vacant --- --- February l, 2012
Tim Gramling Public Works Dir
Dan Muser, Parks & Rec Dir
Serve three yearterms,appointed by City Council. Meetings held second Monday,bi-monthy beginning in February,at noon at
the Osage Community Centre. Study,investigate,counsel and develop and/or update annually,and administer a written plan for
the care,preservation,pruning,planting,replanting,removal or disposition of public trees in parks,along streets and in other
public places. Upon request by City Council, shall consider, investigate,make findings, report and recommend upon any
special matter of question coming within the scope of its wdc. Staff contact—Parks and Recreation Director.
�
�
V"L/V�/LVV� i�:�b rnn �r�������� ��vc
CITX O� CA,PE G�RARDEAU, MISSOURI
BOARD MEMBER SUMMARY
Name �3�/N /`l . G�o yE,rZ.p Telephone: Day ��-335-�Z��
Home Address �90� �f�/r'I P�i��' Evening,��3 33�-����
E-mail Address ,��v�,s S��e"n P�
Year Cuzz'ez�t Residence in Ca�e Girardeau Began ����
Cuzxexat Employer and Position ,�jt� F%,�//�Q�C/�L ����Py�c�S� ��.�eTi'P_S� �p�
.�
Frevious Employers and Positions 'V'iQ I'li"� P. ✓1�.. I .-t
In which Board(s) are you anterested7�� /`���
S eci uali£acatians�or specific bo d(s)(include past board service) /"/P�!��,- v'7 �7l�n-� �
�
� " TC / �' P✓ � /��� / �
C' ' � .P � �✓ �� %��..Y�P
EduGadona�Background ,�j�. �^,�/�orl`�� • %r ���1 `1 i_�r__, � ��' . - � _
�-�
� _
Communi Activities clude offices held and coznmittee servic ) �f' ��C� /� ����'`7'.
' -�/ - �S ��i� �r���,� G � �� �/ � -
.- , .
��.�� la<<����,, ����C�o,�,�,r�
Meeting tinrle(s) convenient for you: (Please check one in A and one in.B)
A. Wee�y Monthly Anytime �C
B. Moz'z�xng_ . Noon�Afternoon Eve�ing Anytime
Would you like to receive news from the City via e-mail? � Yes ❑ No
Would you like to attend �City Council Study Session when your application comes before the Council for
consideration? D Yes � No
By signing�his document,you agree to serve and aMez�d regularly_ Three(3)consecutive absences,or four(4)
absex�ces xz�any twelve(l 2)consecutive srr�nths,will result in yotu positiion being automatically forfeited on
tk�e board/comtnission. �
/ � ,
Sigr�ed � � � Date �� � �
*�` Boarc� ember Summary Sheets aze valid for one year from the date that ey e signed. �"""�
Retura to t�e City 11�anager's Office,P.O.Box 6X7, Cape Girardeau,MO 63702-0617.
, .
City of Cape Girardeau �4�GI�RD�9�
'• 401 INDEPENDENCE � ' N
P O BOX 617 � J_1 `"
0
CAPE GIRARDEAU MO 63702 � , �
PH: 573-339-6322 FAX: 573-339-6306 * ,� *
�' • SEAL
INSPECTION FORM FOR LIQUOR LICENSE
TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE IN TYPE OF LIC.
NEW RENEWAL CHANGE IN MANAGING OFFICER
Date Submitted: 2-20-09 Current License No.: 16667
TO: POLICE DEPARTMENT AND INSPECTORS:
I have received an application from THILENIUS DISTRIBUTING, INC.,d/b/a RIVER EAGLE
DISTRIBUTING, located at 2346 RUST AVE., for a WHOLESALERS OF INTOXICATING
LIQUOR—ALL KINDS license. Contact number is 335-7717. Please complete inspection and
return to Customer Service.
�
Referred to Police Department 2-20-09
Referred to City Inspector 2-20-09
Referred to Fire Inspector 2-20-09
Notice (sign) given to Applicant: 2-20-09 for Council Meeting on 3-2-09
APPROVED DISAPPROVED DATE COMMENTS ��a0
POLICE ,,/�
DEPARTMENT 'f� � �P'u�( � 1�
CITY ���� ✓
1NSPECTOR
HEALTH � /
INSPECTOR V °�aQ��� �. ��� �
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 G�4t��'1�'RDE��
' •, 401 INDEPENDENCE o � L U?
I �,I� P O BOX 617 �, �
�z ar- "" �i� �rn _- � CAPE GIRARDEAU MO 63702 v
PH: 573-339-6322 FAX: 573-339-6306 '« '�
.
SE Al.
APPLICATION FOR LIQUOR LICENSE
CONDITIONAL APPROVAL REVIEW
Applicant: RIVER EAGLE DISTRIBUTING
Managing Officer GENE PATTERSON
Business Address: 234fi RUST AVE.
Type of Liquor License: WHOLESALERS OF INTOXICATING LIQUOR— ALL
KINDS
Type of license in last 6 months: WHOLESALERS OF INTOXICATING LIQUOR—
UNDER 22% �,;,;,,,1�
Approval of Applicant by Police Department:
Date Signature
Inspection Personnel:
Zoning Classification " (
The applicant(is is not equired to post the notice required under, Sec. 5-33-a.
The applicant(has,�posted for 10 days the notice required under Sec. 5-33-1-a
This structure(is, not within 200 feet of a church or school building or resident. Sec. 5-6
This structure is s not) zoned correctl der Chapter 30 (4)of the City Code of Ordinances.
Date Z����� ign ure
This liquor license was conditionally approved by the City Council at their meeting on �
City of Cape Girardeau GQ,4�'G1�DE9U
� '• 401 INDEPENDENCE o 1 � �
P O BOX 617 y. �- o
� �� "�'�° CAPE GIRARDEAU MO 63702 � ti�''
PH: 573-339-6322 FAX: 573-339-6306 # �" #
� • � SEAL
APPLICATION FOR LIQUOR LICENSE
CONDITIONAL APPROVAL REVIEW
Applicant: RIVER EAGLE DISTRIBUTING
Managing Officer GENE PATTERSON
Business Address: 2346 RUST AVE.
Type of Liquor License: WHOLESALERS OF INTOXICATING LIQUOR—ALL
HINDS
Type of license in last 6 months: WHOLESALERS OF INTOXICATING LIQUOR—
� UNDER 22%
Approval of Applicant by Police Dep en � �
Date �0 � 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
POLICE DEPARTMENT �
LIQUOR ESTABLISHMENT ACTIVITYREPORT
�VAME OFBUSINESS: Thilenius Disiributing,InG,db�.c�River Eagle
BUSIIVESSADDRE�S: 2346 RustAv� Cape Girarrleau Ma 63703
MANAGING OFFICER: Gene Pauerson
DATE QFREVIEW: 02/25/2009
SUMMARY OFACTIVfTIES EFFECTING THE ESTABLISHMENT:
There is no crimirurl history on record for Mr. Patterson. This is a change request for the current license
Wholesalers of Intoxicating Liquor All Kinds from Wholesalers of Intoxicating Liquor-Under 22%. There
was one incident in which a delivery truck belonging to the business had a window broken out while it was
p�arked on the lot. There have been no other incidents irrvolving police irrvolvement at the above listed
address.
�
< ,,
� / , n
�-�"� � U � )
Carl ' nison, hief of P ' Lieutenant Barry D.Hovi� �/
Auxiliary Services Division
CGPD Form#112
�—_��_
City of Cape Girardeau ��R°\
,� �, �, ��'., ��:
F� �
401 INDEPENDENCE ' v If _`�' ?'\
r
. �/jl� �� � �
, �z�,rJ � u�u;ztu<�rr�,c�iiclt<<v� P O BOX 617 � r� I�J � ��� �
CAPE GIRARDEAU MO 63702 ;�J� ,�`��, � �. �
T LFIE iNI0N-�1i
PH: 573-339-6322 FAX: 573-339-6306 ���,«����FOR �E� ;�k�;
+ �,� S�
INSPECTION FORM FOR LIQUOR LICENSE
TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE IN TYPE OF LIC.
NEW RENEWAL CHANGE IN MANAGING OFFICER
Date Submitted: 2-10-09 Current License No.:
TO: POLICE DEPARTMENT AND 1NSPECTORS:
I have received an application from AMANDA R. HASTING, d/b/a THE BILLIARD CENTER,
located at 26 N. MAIN ST., for a RETAIL LIQUOR BY THE DRINK& SiJNDAY SALES
license. Contact number is 335-9955. Please complete inspection and return to Customer Service.
�""� Referred to Police Department 2-10-09
Referred to City Inspector 2-10-09
Referred to Fire Inspector 2-10-09
Notice (sign) given to Applicant: N/A for Council Meeting on 3-2-09
APPROVED DISAPPROVED DATE COMMENTS �_ip
POLICE ✓ .��� G��� J
DEPARTMENT
CITY ���� �
INSPECTOR
HEALTH � ,�a�,�q � (�uL�'IS�G�., �
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
Cit of Ca e Girardeau '�`D�
Y p ;� �.:3 � � .
��.
� ����� J��
� �, 401 INDEPENDENCE o _� j, �_
POBOX617 ��r, j �
i
u,�2 rrr�rf�t� ,<,;:Ih n�', '<�, CAPE GIRARDEAU MO 63702 � _ �
_� ...��� _ .. pH: 573-339-6322 FAX: 573-339-6306 �\�*' Fo v F *-%�
�;� S�EA�
. '
APPLICATION FOR LIQUOR LICENSE
CONDITIONAL APPROVAL REVIEW
Applicant: THE BILLIARD CENTER
Managing Officer AMANDA R. HASTING
Business Address: 26 N. MAIN ST.
Type of Liquor License: RETAIL LIQUOR BY THE DRINK & SLTNDAY SALES
Type of license in last 6 months: SAME
Approval of Applicant by Police Department: �„�
Date Signature
Inspection Personnel:
Zoning Classification "�
The applicant(i is not equired to post the notice required under, Sec. 5-33-a.
The applicant(h s, has no posted for 10 days the notice required under Sec. 5-33-1-a
This structure(is, ' not ithin 200 feet of a church or school building or resident. Sec. 5-6
This structur is, 's not)zoned correctly as required under Chapter 30(4)of the City Code of Ordinances.
Date �i�L�'v Sign ure
This liquor license was conditionally approved by the City Council at their meeting on
��..+�
City of Cape Girardeau '���\\
,ti� , ��, ,
i� ,� \
'= 401 INDEPENDENCE '� �-- �
�ol �;;�i'� `cJi'�
P O BOX 617 >- (,� � ��
� ���;, _
�N :,� ��rt�:� 7�'+ � CAPE GIRARDEAU MO 63702 �J� -�»--'' � ��
� <<
�
PH: 573-339-6322 FAX: 573-339-6306 ���`\ SEA1. *��
. '
APPLICATION FOR LIQUOR LICENSE
CONDITIONAL APPROVAL REVIEW
Applicant: THE BILLIARD CENTER
Managing Officer AMANDA R. HASTING
Business Address: 26 N. MAIN ST.
Type of Liquor License: RETAIL LIQUOR BY THE DRINK & SUNDAY SALES
Type of license in last 6 months: SAME
� Approval of Applicant by Police De rt ent: , �
Date � T 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 S ignature
This liquor license was conditionally approved by the City Council at their meeting on
�
CITY OF CAPE GIRARDEA U
POLICE DEPARTMENT �
LIQUOR E,STABLISHMENT ACTIVITY REPORT
NAME OFIRUSINE3.S': The Billiard Center
BUSIIVESSAD�DRF•SS: 26 N.Main S't Cape Girardeau Mo. 63701
MANAGING OFFYCER: Amanda R Has�ing
DATE OFREYIEW: 02/25/24D9
SUMMARY OFACTIVI77ES EFFECTING THE ESTABLISHMENT:
There is no criminal history on record for Ms Amanda Has#ng. This is a request for a new license in serving
retail liquor by the drink and Sunday sale at the above listed address. The following incidents occurred at the
above address requiring police intervention since the last approval date for this address.
Stealing(misd.)-,lan 3, 2009. Vic#m reported having a coat and cell phone stolen tivhile playing pool at the
Billiard Center.
Assault 3"�-Sept. S, 2008. Yictim reported that he was punched in the head while walking in front of the
Billiard Center. Vic#m did not report the incident until later in the night after he left the area.
Protective Custody-Sept. 3, 2008. Victim was taken into custody after telling patrons that he was feelfng �
suicidal. Victim was referred to Communiry Counseling.
Assault 3r°'-July 11, 2008. Victim was inside Billiard Center when she saw someone tampering with her
boyfrie»d's motorcycle. Yictim went outside to confront suspect and a fight ensued.
Trespassing—.luly 1, 2008. Manager reported that someone was on the roof that was not authorized. Suspect
was issued a summons for trespassing.
Alcohol Yiolation�lune 3, 2008. Bartender of the Billiard Center reported to police that a minor with a false
identification attempted to purchase alcohol. Minor was arrested for the violation.
�
�
�' � :
� �Carl A. in o ' Lietttenant Barry�Hmds,
Arrxiliary Services Division
CGPD Frnm#112
CITY OF CAPE GIRARDEAU,MISSOURI
Office of the City Manager
� Council Letter No. 09-56
Agenda March 2,2009
Honorable Mayor
and
Members o�the City Council
City of Cape Girardeau,Missouri
Subject: Accept Improvement and Authorize Final Payment
Left Turn on Route K at Leming Lane
Dear Mayor and Council Members:
In order to improve traff'ic in the commercial development bordered by Kingshighway, Independence and
William Street,the City of Cape Girardeau agreed to modify the existing intersection of William Street at Leming
Lane by adding a left turn lane to the existing east bound traffic lanes. The design plans were completed,approved
by the Missouri Department of Transportation,and the project was publicly advertised for bids in August of 2008.
On August 12, 2008, two (2) bids were received ranging from a high of $54,494.12 to the low of
$55,923.00. Both bids were over the Engineer's Esrimate of $51,361.74. However, the bid submitted by
Fronabarger Concreters, Inc. was within ten (10) percent of the Engineer's Estimate, the contractor was awarded
the project. Change Order#1 and Final brought all items to "As Constructed Quantities and added$15,301.91 to
the coniract, making the final contract price $69,796.03. By agreement the affected property owners paid
$25,000.00 toward the project and the remaining balance of$44,796.03 came from Street Improvement funds.
� The original contract time was thirty(30) calendar days for substantial completion and sixty(60)calendar
days for final completion which were September 26, 2008 and October 26, 2008 respectively. Change Order#1
added twenty-four (28) calendar days to the substantial completion and sixty (60) days to the final completion
dates of the contract. The Contractor successfully met this new deadline, which was October 20, 2008 for
substantial completion and December 25,2008 for final completion.
The contractor, Fronabarger Concreters, Inc. completed the construction work during October and
November of 2008 in accordance with the plans, specifications, contract and ordinances adopted by the City
Council as modified by one (1) Change Order. The work was satisfactorily completed, inspected by the
Engineering Division and is ready for acceptance into the City's systems.
I recommend that the Council, by motion, accept the improvements as presented and authorize the final
payment to Fronabarger Concreters,Inc.with release of the final check.
Respectfully submitted,
Kelly Green
City Engineer
�"l
Ken Eftink
Interim City Manager
� KLG/I{E/kj
Attachment-1
�
February 25, 2009
Engineer's Final Report on the Left Turn on Route K at Leming Lane
To the City Manager
Of the City of Cape Girardeau,Missouri
Dear Sir:
I hereby report that the installation of a left turn lane on Route K at Leming Lane which consisted
of the removal and replacement of concrete islands, striping, and all else necessary to fulfill the contract
has been completed by Fronabarger Concreters,Incorporated.
The work was completed in September of 2008 in accordance with the plans, specifications,
contract and ordinances adopted by the City Council therefore.
� The original contract time was thirty (30) calendar days for substantial completion and sixty(60)
calendar days for final completion which were September 26, 2008 and October 26, 2008 respectively.
Substantial completion was reached on October 20, 2008 and final completion was December 25, 2008,
therefore the contractor successfully met the contract deadlines.
I have computed the cost of said rehabilitation which is as follows:
No Item Qty Unit Unit Completed
Price Price
1. Concrete Removal 343 SY $ 22.00 $ 7,546.00
2. Asphalt Removal 117 SY $ 21.00 $ 2,457.00
3. Pavement Striping Removal 3,771 LF $ 0.44 $ 1,659.24
4. 6"White-Acrylic Waterborne 1,615 LF $ 0.92 $ 1,485.80
Pavement Marking Paint
5. 4"Yellow—Acrylic Waterborne 1,684 LF $ 0.61 $ 1,027.24
Pavement Marking Paint
6. 24"Yellow Type 2 Preformed 45 LF $ 33.00 $ 1,485.00
Marking Paint
� 7. 6" Contrast Type 2 Preformed 331 LF $ 8.25 $ 2,730.75
Marking Tape
Engineer's Final Report
Left Turn Lane oa Rt.K at Leming Lane
February 25,2009
Page 2 of 2
8. Stop Bar—Type 2 Preformed 1 EA $ 495.00 $ 495.00 �
Marking Tape
9. Left Turn Arrow—Type 2 Preformed 2 EA $ 440.00 $ 880.00
Marking Tape
10. Class C Flexible Delineator Post with 100 LF $ 35.00 $ 3,500.00
Curb System
11. 8"PCC Patch on 6"Base 401 SY $ 90.00 $ 36,090.00
(Compacted Aggregate)
12. 6"PCC Curb 148 LF $ 30.00 $ 4,440.00
13. Traffic Control 1 LS $ 6,000.00 $ 6,000.00
TOTAL CONTRACT ITEMS $ 69,796.03
LESS PREVIOUS PAYMENTS $ 49,044.63
AMOUNT DUE THE CONTRACTOR $ 20,751.40
CITY ENG. DESIGN/ADMINISTRATION COSTS $ 5,437.21
CITY ENG.CONSTRUCTION/INSPECTION COSTS $ 1,478.21 �
OTHER COSTS $ 559.54
TOTAL PROJECT COSTS $ 77,270.99
On August 12, 2008, bids were received for the William StreetJLeming Lane project and it was
awarded to Fronabarger Concreters, Inc. on August 18, 2008.
By agreement the affected property owners paid $25,000.00 toward the project and the remaining
balance of$44,796.03 came from Street Improvement funds.
Sincerely,
Kelly Green, . E.
City Engineer
KLG/kj
Project reference code
302-7010-7315-99999970 [William Street/Leming Lane] �
Purchase Order No. P012649
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CITY OF CAPE GIRARDEAU
� Office of the City Manager
Council Memo No. 09-11
Agenda March 2, 2009
The Honorable Mayor
and
Members of the City Council
City of Cape Girardeau, Missouri
Dear Mayor and Council Members
Subject: Revenue and Expense Summaries for July 2008 - December
2008
Please find attached the Revenue and Expense Summaries for the
first half of the current fiscal year. Each report reflects the
activity of the General, Airport, Pa�ks & Recreation, Golf and
Softball Complex Funds. These funds are presented because they
have traditionally either been partially or totally funded with
General Fund revenues. Any revenue shortfalls or expense overruns
� in any of these funds traditionally were covered with General
Fund revenues or fund balance. This year the Golf Fund will be
partially funded by the Parks / Storm Water Sales Tax. Any
revenue shortfalls or expense ove�runs in the Golf Fund will be
covered by the Parks / Storm Water Sales Tax.
Revenue Summary
The attached Revenue Summary contains actual revenue and budget
data from the current and previous years. The last two columns of
this summary are used to try to give you a picture of how revenue
is performing year to date vs . the original projection used when
preparing this year' s budget. The YTD budgeted revenue amounts
except where footnoted assume that the current year' s budget is
collected at the same rate that last year' s actual revenue was
collected. This assumption will be less reliable in the early
months of the year but should become more reliable as the current
year progresses. The YTD variance amount is strictly that and not
a projection of what the year-end variance will be.
The following items should be noted about the December Revenu�
Summary. Franchise tax received from Ameren, which makes up 80%
of the total YTD franchise tax revenue, increased 7 . 42% durinq
the first half of the year when compared to the same time frame
last year. However, first half revenue from Ameren was
�, approximately the same as the previous year' s normalized rsvenue.
During the first half of the previous year Ameren gave its
natural gas customers a one-time rebate of prior years' charges �
which reduced the City' s tax revenue by approximately $100, 000.
Projected franchise tax revenue from Ameren used in preparing
this year' s budget was 98. 08% of the 07-08 normalized revenue.
Franchise tax from natural gas sales were 10. 82% more during the
first half of this year compared to the normalized revenue from
the first half of the previous year. Franchise tax from
electricity sales decreased 3. 56o the first half of this yea�
compared to the first half of the previous year.
Natural gas rates for the first four months of this year were
approximately 7 .2o higher than the first four months of the
previous year. Natural gas rates for November and December 2008
were 8 . 0% more than the previous November and December. The
decrease in franchise tax from electricity sales resulted from
lower usage during this year' s summer months compared to the
previous year' s summer months.
Ameren has just received approval for an 8 . 1a electric rate
increase from the Missouri Public Service Commission. If natural
gas and electricity usage is the same during the second half of
this year as it was in the second half of the previous year, the
City should end the current year with about a $150, 000 positive
variance on franchise taxes received from Ameren. Franchise taxes � 3
collected from telephone and cable services could produce another ��
$30, 000 positive variance for the current year.
The first half sales tax revenue shows a $156, 238 . 95 unfavorable
variance. This year' s first half' s sales tax receipts were
$53, 616. 72 . 46 or 1 . 27% less than the first half of last year. The
entire decline occurred during the second quarter which was
$68, 607 . 18 or 3. 250 less than the second quarter of the previous
year.
The 08-09 budget projected sales tax revenue to be 2 . 43o greater
than the previous year' s actual sales tax revenue. If the first
half of this year' s trend were to continue for the remainder of
the year there would be an approximate $320, 000 unfavorable
variance in sales tax revenue by the end of the year. If the
second quarter of this year' s trend were to continue for the
remainder of the year there would be an approximate $410, 000
unfavorable variance in sales tax revenue by the end of the year.
If there is no sales tax growth for the remainder of this year,
there would be an approximate $265, 000 negative variance in sales
tax revenue. Sales tax revenue must grow 5. 90% over the previous
year for the remainder of the year for sales tax revenu� to meet
the budget projections .
�
Total service charges are currently $51, 757 . 30 above this year' s
� YTD budget. This resulted from the fees charged out to various
capital projects exceeding expectations by approximately $58, 000 .
Court costs were approximately $13, 500 below expectations.
This year' s first half municipa� court revenue is $23, 251 .20
below its YTD budget. The first half' s revenue was $13, 481 . 13 or
3. 31% more than the previous year' s first half. The number of
traffic cases handled by the court was 7 . 4% lower during the
first half of this year than first half of the previous year.
During the second quarter of this year the court handled 4 . 46%
more cases than the previous year. The 08-09 budget projected
municipal court revenue to be equal to 06-07 revenue which was
9. 03% greater than last year' s actual revenue.
Total net margin from FBO sales shows a $63, 772 . 11 negative
variance for the first half of this year. The net margin for the
first half of this year was $54, 599. 88 or 34 .21e less than the
previous year. The number of qallons of jet and aviation fuel
sold during the first half of this year were 35, 040 (25. 87%) and
13, 129 (28 . 71%) less respectively than the first half of the
previous year. The net margin per gallon of jet fuel sold
averaged $ . 76 during the first half of this year compared to $ . 91
per gallon during the first half of the previous year. The net
margin per gallon of aviation fuel sold was $ . 94 for both years.
� Total other airport revenue shows an unfavorable variance of
$103, 631 .21 . $87, 000 . 00 in lease payments on the manufacturing
facility were deferred during the first half of this year. It' s
currently anticipated these payments will be collected before the
end of this year. Lease revenue from car rental agencies were
11, 108 . 60 less than the amount projected for the first half of
this year.
Recreation charges in the parks and recreation fund shows a
$37, 146. 72 positive variance for the first half of this year.
This variance is mainly composed of positive variances of
$22, 555. 12 for special events and 13, 673. 33 for league fees.
These revenues increased $16, 835. 36 (35. 48%) and $9, 664 . 25
(26. 02%) from the first half of the previous year. Since both of
these increases reflect increased activity the bulk of the
revenue increases will probably be offset by increased costs .
The golf fund had a $40, 233. 87 positive variance for the first
half of this year. It resulted from $49, 210 in revenue from the
sale of used golf carts that were replaced by new golf carts
purchased by the parks / storm water sales tax. Any additional
revenue will help offset the amount of parks / storm water sales
� tax that will be required to fund the golf fund' s operations.
Expense Summary
The attached Expense Summary shows the YTD expenses of each major �
expense category in each division and the percentage of budget
that has been spent for each major expense category. Actual
expenses show amounts that have been paid for or encumbered
(purchase order has been issued but not paid for) . Some annual
expenses may be completely encumbered at the beginning of the
each year causing the YTD expenses to appear excessively high.
Footnotes on pages 4-5 give explanations for expenditures that
seem excessively high when compared to the adopted budget.
During the first half of the year total personnel costs were
50. 92% of the adopted budget. This compares to 48 . 84% in the
first half of the previous year. The City made a $600 one-time
payment to each employee during the first half of this year in
lieu of a 2% COLA increase. Total cost of this one-time payment,
for the funds shown in the Expense Summary, was $197, 000 and will
be funded from savings in health coverage for the calendar year
2008 . Excluding the one-time payment personnel costs were 49. 80�
of the adopted budget .
Based on current overtime budget variances, mid year minimum wage
adjustments, mid year police pay adjustments, and elimination of
the mid-year COLA adjustments, personnel costs are currently
projected to end the year approximately $120, 000 less than
budget. �
Total operating expenses incurred or encumbered during the first
half of the year amounted to 51 . 610 of the adopted budget. This
compares to 51. 02o in the first half of the previous year.
During the first half of this year significant unbudgeted capital
expenditures were made for the replacement of the HVAC unit at
the Common Pleas Courthouse, the final payment of an option
agreement used to purchase land adjoining the public works
headquarters, and the improvements to two rental structures at
the airport. The improvements at the courthouse are grant funded.
The remaining expenditures are anticipated to be funded by grant
revenues not included in the original 2008 - 2009 adopted budget.
Mid-year Status
The general fund ended the previous year with an unreserved fund
balance of $416, 288 . 65. The 08-09 general fund budget was
balanced using $37, 899. 00 of this balance. The attached Expense
Summary reflects capital expenditures totaling $91, 975. 85 that
were included in the 07-08 budget but were not made until this
year. The general fund must also repay $24, 936 to the emergency
reserve fund during the current year. That leaves $258, 477 .80 of
the $416, 288 . 65 to cover 08-09 revenue shortfalls and cost
overruns. �
The attached Revenue Summary shows a mid-year revenue shortfall
� excluding golf fund revenue (golf operations are currently
subsidized by the parks sales tax) of $255, 883 . 82 . The following
items could have a significant impact to revenues during the
second half of this year.
(1) Recent rate changes have caused natural gas and
electricity rates to be approximately 8% above those
rates in effect when the 08-09 budget was prepared. These
chanqes should produce approximately $150, 000 additional
revenue for the remainder of the year.
(2) Sales tax revenue is very uncertain for the remainder of
this year. If last quarter' s trend continues for the
remainder of the year an additional $255, 000 shortfall
would occur. If sales tax growth remains flat for the
remainder to the year an additional $110, 000 shortfall
would occur.
(3) Unless results improve at the City' s airport FBO an
additional $60, 000 revenue shortfall will occur.
(4) If lease payments on the airport' s manufacturing facility
are not paid an additional $126, 100 revenue shortfall
will occur. However, if all this year' s lease payments
are paid an additional $87, 000 of revenue would be
produced during the second half of this year.
� (5) If prior years' deferred lease payments on the airport' s
manufacturing facility are paid an additional $203, 000
would be produced during the second half of the year.
(6) The City should receive $212, 040 in grant revenues within
the next couple of months from a land purchase made a
couple years ago. $90, 270 of this amount was anticipated
to be used to cover capital outlays made at the airport
this year that were not included in the 08-09 budget. It
was the City' s plan to use the remaining $121, 770 as a
source for future grant matches for the airport. However,
this amount may be required to offset other revenue
shortfalls.
(7) The City should receive reimbursements from FEMA/SEMA
that exceed unbudgeted costs incu�red by approximately
$105, 000. 00 as result of reimbursements for regular hours
and equipment usage. This amount will probably increase
with the latest disaster declaration.
Expenses expected to be covered by revenues included in the
Revenue Summary should be able to come in line with amounts
originally approved in the OS-09 budget . First half employee
vacancies and the removal of the mid-year COLA increase should
allow personnel costs for the year to come in approximately
$120, 000 under budget. This assumes no further deterioration of
� the negative first half overtime variances during the remainder
of the year.
The City should also receive a positive benefit from fuel costs
during the second half of the year. Based on fuel prices paid by �
the City on its last shipment in January, there could be a
positive year-end budget variance of approximately $65, 000.
Combined with the projected positive personnel cost variance this
should produce amounts available to fund other potential cost
overruns.
Summary
Based on the previous information the City should be able to
maintain a positive unreserved fund balance at the end of the
current year unless the sales tax revenue decline accelerates
during the second half of the year and lease payments on the
airport manufacturing facility remain unpaid.
Previously, because of an uncertain revenue picture, the City
eliminated its mid-year COLA salary adjustment and restricted
travel and training. Further deterioration in sales tax revenues
or a determination that lease payments for the airport
manufacturing facility are uncollectible will require additional
actions to control expenses. The most likely action to be taken
will be freezing the replacement of all open positions. Currently
there are 3 positions open.
It is likely that the City could end this year with a
substantially lower unreserved fund balance. This would lessen �
the cushion we have to deal with future economic uncertainties .
Respectfully submitted,
�I✓�'�,`
John Richbourg
Finance Director
�.""l
Ken Ef nk
Interim City Manager
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Proceedings of the City Council, City of Cape Girard a
Regular S@SS1011 Februa 17,2009 �
-� .--��, -
REGULAR SESSION—FEBRUARY 17,2009
The Cape Girardeau City Council convened in regular session on Tuesday,February 17, 2009, at
� 7:00 p:m., with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Mark
Lanzotti,Marcia Ritter, Loretta Sclneider,Debra Tracy and John Voss present
�`
.,
.� City Attorney Eric Cunningham presented the invocatioq and the Pledge of Allegiance was
recited
Prior to the regular session,the City Council convened in closed session for purposes of discussing
personnel and confidential communications with the City Attorney pursuant to RSMo. Sections
610.021(1) and (3) upon Mrs. Tracy's motion,Ms. Ritter's second,and the following vote: Ayes,
Herbst,Knudtson,Lanzotti,Ritter, Schneider,Tracy and Voss. Nays,none
The minutes of the February 2, 2009, regular and closed sessions were approved upon Mr. Voss'
motion, Mrs. Schneider's seeond, and the following vote: Ayes, Herbst, Knudtson, Lanzotti,
Ritter, Schneider, Tracy and Voss. Nays,none.
Mr. Voss made a motion to adopt the agenda,excluding Item No. 7, Bill No. 09-24, an Ordinance
relating to the issuance of bonds for parks and stormwater projects. The agenda was approved as
amended upon Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson,
Lanzotti, Ritter, Schneider, Tracy and Voss. Nays,none.
� COUNCIL COMMUNICATIONS
The City Council Members thanked City Manager poug Leslie for his service to the City of Cape
Girardeau and his commitment to its citizens over the past 19 years. This is his last council
meeting as he will be retiring March 1, 2009. Mr. Leslie gave final comments on working for the
City, and thanked City staff for their hard work.
Mayor Knudtson announced that February 15-21, 2009, is National Engineers Week. He
commended the City engineers and staff for their work on the City's projects.
Mayor Knudtson noted that he had received an e-mail from Assistant Fire Chief Robert Sperberg
of Fort Leonard Wood complimenting Cape Girardeau firefighters who assisted the City of
Kennett, Missour� in responding to the recent ice storm.
Mr. Leslie remarked that he had received a letter from AmerenUE commending the City of Cape
- Girardeau Parks and Recreation DeparCment for hosting AmerenUE employees at Arena Park
� during the area's recovery from the ice storm. �
PUBLIC HEARINGS
This being the date set for a public hearing regarding the proposed Capital Impxovements Program _
for fiscal years 2009-2014, the hearing was opened. There being no appearances,the hearing was
closed.
�
APPEARANCES
Mayor Knudtson noted that during the study session, the Southeast Missouri Climate Protection
Initiative Group had recommended that the City develop a new advisory board. He remarked that
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SeSSIOtI February 17,2009 ��
�
issues related to their recommendation include residency,cost to the City,and the terms"enhance
its sustainabilit}�'and"reduce carbon dioxide emissions"
�
Mr. Lanzotti stated that he had met with the group regarding their concerns. He had three issues: �
1) the group's recommendation removed his language about not increasing costs; (2) the group's ;
reference to reducing the City's carbon footprint;and 3)the term"enhance its sustainability" is too ; '
vague. He discussed in detail his concerns with these three issues. � �
Mr. Alan Journet of Southeast Missouri Climate Protection Initiative addressed the Council and
explained that the Initiative was established two years ago to help control the City's impact on the
environment and serve as a role model for the area. He discussed programs the Initiative is
developing�the community to reduce clim�ic impact.
Ms.Ellen Dillon of the Southeast Missouri Climate Protection Initiative addressed the Counci�nd
stated that the Initiative has worked with City staff in presenting a proposal for the establishment
of an advisory board that would develop projects the City organization could implement to reduce
its environmental impact.
Ms. Kathy Conway of the Southeast Missouri Climate Protection Initiative addressed the Council
and spoke about the objectives of the Initiative anc�he advisory board proposal.
Mr. Voss expressed his position that all members of the boardshould be residents ofthe City.
Mrs.Tracy stated that she wanted to eliminate any verbiage that changes the meaning and does not �
clearly state the objective of�►e Southeast Missouri Climate Protection Initiative's proposal.
Mr. Herbst noted that the Council would have control over the costs of each project. He felt that
residency requirements for the initial appointments to the advisory board should allow non-
residents to be considered, based on expertise.
Ms. Ritter remarked that the costs of any recommendations by the advisory board should be
considered relative to the importance of the projects. She suggested creating ex-officio positions
for non-residents.
Mr. Knudtson remarked that he felt that Mr. Journet and Ms. Conway would be key to the success
of the advisory board even though they do not live withirfhe Cape Girardeau City limits.
Mrs. Schneider stated that she did not feel people who live outside the City limits should be
precluded from servingif they have expertise.
i
i
The Council discussed at length the issues relating to the establishment of the Girardeau Goes '
Green advisory board. ! � !
' I
Mayor Knudtson also directed City staff to draft on Ordinance creating a Girardeau Goes Green
Advisory Board,with agreeable language regarding residency,and to present it to the City Council
for consideration at a future meeting.
�
Mrs.Margaret Grant, 555 North Spring Street, Spring Street Trailer Court, addressed the Council,
noting that the City of Cape Girardeau Public Works Department does not maintain the streets
within the trailer court, even though they are located just off of a city street. She stated that most
of their residents are senior citizens, and they want the Public Works Department to care for the
Proceedings of the City Council, City of Cape Girardeau, Ma.
Re�ular $@SSIOCI Februar_y 17,2009 '�� � �7�
� coor�ooa
streets in the trailer court. In the alternative,Mrs.Grant asserted that she believed the City shoul
require trailer park ownersto maintain their access roads for theirresidents.
Mayor Knudtson noted that the Spring Street Trailer Court is private property,and the streets are
maintained by the property owner. Mr. Leslie remarked that streets in such developments are
� private property, and the City does not have the ability to use Public Works Dep�-tment equipment
on private streets,due in part to liability issues.
Ms. Ritter stated that the Cape Girardeau County Health Deparhnent maintains a list of
organizations that offer service and assistance to residents in emergency situations. She
recomm�ded that Mrs. Grant call the American Red Cross or the United Way's First Call for
Help when she feels that she needs assistance.
Upon questioning by Mrs. Schneider,City Attorney Eric Cunningham noted that the owner of the
right-of-way has the responsibility to maintain the streets on privatel}�owned property. He
indicated that the Council could look into drafting an Ordinance addressing the adoption of
maintenance standards for privatel}�owned streets, but stated there could be difficulty in the
enforcement of those standards
Ms. Ladure, appeared and also requested the Council adopt an Ordinance requiring landlords to
clear privatel}�owned streets.
� Mr. Felix Kinsley, of 25 North Sprigg Street, applauded the Council for their sensitivity and
patience with the citizens of the community.
CONSENT ORDINANCES
The following bills were given second and third readings:
BILL NO. 09-28 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO KELLI
R. SEABAUGH, STEVE RECTOR, TERRY W. LYNCH AND BETTY
C. LYNCH FOR PURPOSES OF MAINTAINING AND OPERATING
A SIGN DESIGN AND RETAIL BUSINESS AT 401 SOUTH WEST
END BOULEVARD, IN T'HE CITY AND COUNTY OF CAPE
GIRARDEAU,MISSOURI
The second and third readings of BILL N0.09-28 were approved and the Ordinance adopted upon
Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson,
- � Lanzotti,Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 09-28 is ORDINANCE NO.
4004.
NEW ORDINANCES
BILL NO. 09-31 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION WITH
� TI-�E UNITED STATES DEPARTMENT OF INTERIOR, 'TF� GENERAL SERVICES
ADMINISTRATION AND THE NATIONAL PARK SERVICE TO ACQUIRE SURPLUS
FEDERAL PROPERTY KNOWN AS MAY GREENE GARDEN IN T'HE CITY OF CAPE
GIRARDEAU, MISSOURI
Proceedings of the City Council, City of �ape Girardeau, Mo.
Re�ular S@SSIOt1 Februarv 17,2009 ��
� �
.�,.
The first reading of BILL NO. 09-31 was approved upon Mr. Voss' motion, Mrs. Schneider's
second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and
Voss. Nays, none. Mr. Dan Muser, Parks and Recreation Department Director, noted that the
Parks Department mows theGarden, and the May Greene Association tends the plantings.
BILL NO. 09-34 was given first reading as follows:
AN ORDINANCE APPROVING TF� RECORD PLAT OF LYNWOOD HILLS NORTH
SUBDIVISION
The first reading of BILL NO. 09-34 was approved upon Mrs. Schneider's motion,Mrs. Tracy's
second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and
Voss. Nays,none.
RESOLUTIONS
BILL NO. 09-29 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF
L1EN ON PROPERTY LOCATED AT 531 SOUTH HANOVER STREET FOR TI� RENTAL
REHABILITATION PROGRAM
The reading of BILL NO. 09-29 was approved and the Resolution adopted upon Mr. Herbst's �
motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti,
Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 0929 is RESOLUTION NO. 2422.
BILL NO. 09-30 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AND
SUPPORT AGREEMENT WITH SYNERGY BROADCAST SYSTEMS FOR CHANNEL 5
EQUIPMENT, IN THE CTTY OF CAPE GIRARDEAU,MISSOURI
The reading of BILL NO. 09-30 was approved and the Resolution adopted upon Mr. Herbst's
motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter,
Schneider,Tracy and Voss. Nays, none. BILL NO. 0330 is RESOLUTION NO. 2423.
BILL NO. 09-32 was presented as follows:
A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION FROM
JOHN A. DRURY, TRUSTEE OF THE JOHN A. DRURY REVOCABLE TRUST �
AGREEMENT DATED JUNE 29, 2006, ANITA J. DRURY AND MIDAMERICA HOTELS ;
CORPORATION, AND SETTING A PUBLIC HEARING REGARDING 'I`I� PROPOSED
ANNEXATION
The reading of BILL NO. 09-32 was approved and the Resolution adopted upon Mrs. Tracy's
motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti,
Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 0932 is RESOLUTION NO. 2424. `1,�
BILL NO. 09-33 was presented as follows:
A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION FROM
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI February 17,2009 `� � �'��
� �
—� �—�
BRYAN AND NANCY GREASER AND SETTING A PUBLIC HEARING REGARDING THE
PROPOSED ANNEXATION
� The reading of BILL NO. 09-33 was approved and the Resolution adopted upon Mrs. Tracy's
-� motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti,
� � Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 0933 is RESOLUTION NO. 2425.
BILL NO. 09-35 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR A
TRANSPORTATION ENHANCEMENT MINI-GRANT FOR CAPE LACROIX TRAIL
IMPROVEMENTS, AND AUTHORIZING T'HE CITY MANAGER TO EXECUTE ALL
NECESSARY GRANT DOCUMENTS
The reading of BILL NO. 09-35 was approved and the Resolution adopted upon Mrs. Tracy's
motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter,
Schneider, Tracy and Voss. Nays, none. BILL NO. 09-35 is RESOLUTION NO. 2426. Mr.
Leslie noted that the Missouri Department of Transportation has grants available for this district,
and encourages cities to apply for funding of trail projects. The City will apply for these funds
when design and cost projections are complete.
� APPOINTMENTS
Mr. Dale Kester was reappointed to the Cape Girardeau County University of Missouri Extension
Council for a term expiring February 28, 2011, upon Mr. Voss' motion,Mr. Herbst's second, and
the following vote: Ayes, Herbst,Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays,
none.
OTHER
A motion accepting the improvements completed for installation of un-interrupted power sources
at various intersections on Kingshighway and Route K, and authorizing final payment to Schneider
Electric Company was approved upon Mr. Voss' motion, Mrs. Tracy's second, and the following
vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Mr.
Leslie stated that these improvements had been in the Capital Improvements Program for years,
and they worked with the Missouri Department of Transportation on this project. All future traffic
signals installed will have bacl�up power.
�
A motion rejecting the bids for the Jaycee Municipal Golf Course renovation and authorizing the
I Parks and Recreation Department to revise the plans and rebid the project was approved upon Mrs.
I Schneider's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson,
. � Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. Dan Muser, Director of the Parks and
Recreation Deparhnent, remarked that the budget for this project was originally only to renovate
the greens and inigation system. The architects had developed future improvement plans to
replace five of the back nine holes, and the extra cost for the project was attributed to replacing the
� fairways for those five holes. When the project is rebid, moving the five holes will still be
included. However,City staff will now be used to replace the fairways and instal�he cart paths.
Mayor Knudtson wished Doug Leslie well in his retirement and congratulated him on 35 years of
municipal service.
�roceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI February 17,2009
� � �
.�
i�.� _
There being no further business, the City Council adjourned upon Mr. Voss' motion, Mr.
Lanzotti's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider,
Tracy and Voss. Nays,none. �
Jay B.Knudtson,Mayor
Gayle L. Conrad,City Clerk
�
�
;
�
(DRAFT) CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT
JAYCEE MUNICIPAL GOLF COURSE
ADVISORY BOARD MEETING
January 22,2009
� The Cape Girardeau Municipal Golf Course Advisory Board met at the Osage Community Center meeting room on
Thursday,January 22,2009 at 12 noon.
Present: Staff Present
Jim Hastings,Jr.,Chairman Daniel D.Muser,Director of Parks and Recreation
Kenneth Bramlett,Vice Chairman Randy Lueder,Golf Superintendent
Robert Pastrick,Secretary Marcia Stone,Administrative Assistant
Kent Ward,Board Member
Charles Heady,Board Member
Jack Watts,Board Member
Jackie Ahrens,Board Member
Robert Guard,Board Member
Charles Wagoner Board Member
Absent: Guest:
APPROVAL OF MINUTES
Chairman Jim Hastings requested the approval of the December 18,2008 minutes. Chuck Heady made a motion to
accept the minutes and Charles Wagner seconded the motion. Motion passed.
OLD BUSINESS
A. Parks and Recreation/Storm Water Projects
Director Muser informed the board members that Art Schaupeter and the staff inet with 11 general golf contractors
� and approximately four sub-contractors for a pre-bid meeting at the Jaycee Municipal Golf Course. The sealed bids
will be in by January 30`�' . The staff will evaluate the bids and make their recommendation to the City Council.
The course is scheduled to be closed partially by June 10`h with the front nine available possibly until the end of
June. The Jaycee Two-Man Scramble and Ladies Annual Tournaments will be moved up. There may be some
adjustments made after the contract has been awarded.
Cape Counriy Club has not called back with a special for our current golf course pass holders. Kenny Bramlett
reported that Boothill Golf would offer a discount for our paid pass holders and Arena Golf has indicated a special
rate alsa
The golf maintenance staff is putting in a pump skid and flume on#10 and saving$30,000.00 by not contracting the
work. Ameren UE wants to put new underground lines in the course and go with a true three-phase power.
Jack Watts asked if we were going to dredge#10 pond. The cost would be too much to contract out and the staff
would have to do this project. We may have to put off some things till later and do in-house. We are going to do as
much as we can with the contractors to get the basics completed. The cost of the gravel and sand cost may dictate a
lot what we can do. Currently,we are removing the trees that are recommended for removal on the plan.
A temporary fence will be put up to keep the golfers out of the construction area. Haul roads will be used for the
contractors at all times to get in and out of the course. The staff will stock pile some gravel and sand on the lower
parking lot and by#3.
The river&ont trail construction has begun. The fte@t purchases are being bid out. The community center and
aquatic center are now in a development design phase.
� Director Muser will be making presentation on the project updates at the Lion's Club next week and other civic
groups in the future.
The plans for the golf course,family aquatic center and Osage Community Centre are displayed at the Osage
Community Centre for citizens to view.
Golf Course Advisory Board
January 22,2009
Page 2
� NEW BUSINESS
A. 2009 Sub-Committees
Policies and Procedures—Robert Pastrick,Robert Guard,Jim Hastings
Planning and Development—Charles Wagner,Kent Ward,Charles Heady
Advertisement and Promotions—Jack Watts,Jackie Ahrens
Golf Course Development—Kenny Bramlett,Jack Watts,Kent Ward
SEMO Cup—Jack Watts
REPORTS
A. Policies and Procedures
No report.
B. Planning and Development
No report at this time.
C. Advertising and Promotions
No report at this time.
D. Golf Course Improvements
� Reported earlier.
E. SEMO Cup
OTHER BUSINESS
There being no further business,the meeting was adjourned by Jack Watts and seconded by Charles Wagner.
Respectfully submitted,
Robert Pastrick, Secretary
�
(DRAFT)
CITY OF CAPE GIRARDEAU, MISSOURI
PARKS ANA RECREATION ADVISORY BOARD
� February 9,2009
The Parks and Recreation Advisory Board met for their regular meeting on February 9,2009 at City Hall
Council Chambers at 5:30 p.m.
Board Members Present: Staff
Danny Essner, Chairman Daniel D. Muser, Director of Parks&Recreation
Scott Blank, Vice-Chairman Scott Williams, Recreation Division Manager
Beverly Evans, Secretary Brock Davis, Parks Division Manager
Rick Fehr, Board Member Marcia Stone, Administrative Assistant/Recording Secretary
Pat Elfrink, Board Member
Dana Deisher,Board Member
Troy Vaughn, Board Member
Craig Billmeyer, Board Member
Bari Neff, Board Member
Robert Harris,Jr.,Board Member
Mike Keefe, Board Member
Board Members Absent: Guest:
APPROVAL OF THE MINUTES
Chairman Danny Essner opened the Parks&Recreation Advisory Board meeting requesting tl:e approval
of the January 12, 2009 minutes. Dana Deisher made a motion; seconded by Craig Billmeyer to approve
� the minutes as mailed. Motion passed.
OLD BUSINESS
A. Parks and Recreation/Storm Water Initiative Projects
Director Muser presented the drawing displays for the Golf Course, Osage Community Centre,Aquatic
Center, Shawnee Park Sports Complex and Shawnee Park Community Center Projects. The colored
drawings will be used in their presentations to civic clubs.
The bids for the Aquatic Center and Osage Community Centre is schedt�led to bid out in April. The
Shawnee Park Community Center and Shawnee Park Sports Complex bid out in March. The staff will
start bidding on regional softball and baseball tournaments for 2011 and 2012.
The staff will be meeting this week with Architects Phillip Smith on the A. C. Brase Arena and Ron
Grojean on the Shawnee Park Community Center and Shawnee Park Sports Complex projects.
The Jaycee Municipal Golf Course layout expands the existing front nine and re-aligns and shifts several
greens around to better utilize the natural flow of the existing grounds on the back nine. The plans are to
start renovation on the back nine late May or early June. They would like to keep the course open
through June and reopen late spring 2010.
Director Muser reported that the staff would be bringing their fee recommendations to the board in the
near future.
� Chairman Danny Essner reported that Finance Director John Richbourg has indicated that he will be
placing the bonds for sales next week.
,• Parks&Recreation Advisory Board
February 9,2009
Page 2
� OTHER BUSINESS
Scott Williams reported that Super Kids Race Day and thel Oth Annual Osage Invitational Volleyball
Tournament would be held this weekend. The Special Olympics Basketball District Tournament on
February 22 with 85 teams registered. The Daddy/Daughter Dance will be held on February 28`�'with 100
couples expected in attendance.
The Special Olympics Polar Bear Plunge had 140 plungers in the Lake Boutin at Trail of Tears State Park
this past Saturday raising$36,000 for the event. The Cape Girardeau Fire Department cleared 60' x 100'
area where the ice was 3"thick. Bari Neff reported that the staff did an excellent job running the event.
The Basketball and Volleyball Leagues' season will conclude this March with over 150 teams
participating.
Director Muser reported that the A. C. Brase Arena served as the logistic center for AmerenUE during the
recent ice storm recovery. A Parks and Recreation staff inember was on duty 24-7 during the weeklong
stay to assist AmerenUE while they were using our facility. They had caterers come in from Biloxi,
Mississippi,eight bunk trailers, two shower trailers and numerous portable toilets to meet their needs.
Osage Community Centre was used as a warming station for citizens with no power and a parking area
for AmerenUE trucks. They also used the meeting rooms for various meetings. The warming center was
used only during regular operating hours.
� Our staff cleared both facilities' parking lots to accommodate AmerenUE's 400 parked trucks used for
emergency service. Approximately 50 games were re-scheduled from the A. C. Brase Arena to various
church gymnasiums to help AmerenUE. There may be some reimbursement of expense from FEMA.
Director Muser stated that this was a good learning experience for the staff, since we are the designated
logistic city personnel assigned in case of emergency.
Park Division Manager Brock Davis reported that one of our maintenance storage building's roof
collapsed with the weight of the ice. He added that the new maintenance buildings' bid openings are due
this week for the Arena Ball Fields, Park Maintenance Expansion and Shawnee Park Sports Complex.
He added that the playground and shelter for Indian Park would be installed this spring.
There being no further regular business,the meeting was adjourned by Dana Deisher and seconded by
Craig Billmeyer. Motion passed.
Respectfully submitted,
Beverly Evans, Recording Secretary
�
�, .
w
(DRAFT)
CITY OF CAPE GIRARDEAU
TREE ADVISORY BOARD MEETING
� FEBRUARY 9,2008
The City of Cape Girardeau Tree Advisory Board held their regular scheduled meeting on February 9,2009 at
12:00 p.m.at the Osage Community Centre.
Present:
John Layton,Board Member Dan Muser,Parks&Recr. Director/Member
Robert Harris,Board Member Tim Gramling,Public Works Director/Member
Absent: Staff Present:
Marcia Stone,Recording Secretary
Guest:
Tom Harold
NEW BUSINESS
A. Election of Officers
Dan Muser made a motion to elect John Layton as Chairman for 2009. Tim Gramling seconded the motion.
Motion carried.
MINUTES
Chairman John Layton requested approval of the December 8,2008 minutes. Dan Muser made a motion,
seconded by Tim Gramling to approve the minutes as mailed. Motion passed.
� OLD BUSINESS
A. Tree Ordinance
John Layton will give Dan Muser and Eric Cunningham a description of items that need to be listed on the City
Council Letter. The board will try to make their recommendation for the Tree Ordinance changes at the March
2"a City Council meeting.
B. Tree Evaluations
Parks and Recreation Director Dan Muser reported that the Tree Advisory Board would evaluste an Elm Tree at
818 Perry that is on the right—a-way following the meeting that the property owner has requested to remove.
The Big Bend Road project map was reviewed by the board. The board will drive through the area and make
notes on questionable trees that should be saved. Tim Gramling will call Kelly Green and Dan Muser will call
Mark Lester on clarification or a legend for the drawing to show what is a sidewalk or drainage area.
NEW BUSINESS
A. Arbor Day Observance
The Tree Advisory Board will observe the Missouri State Arbor Day on Friday,Apri13`d. Tom Harold
volunteered to help with the planting.
B. Jaycee Municipal Golf Course Project
Board Member John Layton was concerned about the possible removal of a large Sassafras Tree on#13 green at
l�l� the Jaycee Municipal Golf Course. The board members reviewed the layout of the golf course project and
� � verified that the tree was not in the plans to be removed.
• Tree Advisory Board Meeting
February 9,2009
Page 2
�
OTHER BUSINESS
Chairman John Layton presented a recognition plaque to Tom Harold for his 10 years of service on the Tree
Advisory Board.
The next board meeting will be held on April 13`h at the Osage Community Centre.
There being no further business,the meeting was adjourned by Dan Muser arid seconded by Tim Gramling.
Motion passed.
Respectfuliy submitted,
Marcia Stone,Recording Secretary
�
�
� ' ' . Planning and Zoning Commission
City of Cape Girardeau
4011ndependence
It%,��c tl.�eri3R�r luan��(1;1>clu�rrrc`t�r.l�� Cape Gira►'de8u, Mo. 63703
� 573-334-8326
•
MEETING MINUTES
February 11, 2009
Present: William T. Hinckley, Ralph C. Maxton, Raymond G. Buhs, Charles O. Haubold,
Jr., Trae Bertrand, Harry E. Rediger, Trisha Mothershead, and Scott M. Rhodes
Absent: K. Scott McClanahan
Staff Present: Ken Eftink, Sarah Wallace, and Richard S. Reinhardt, Jr.
Call to Order. Chairman Hinckley called the meeting to order at 7:00 p.m.
Approval of Minutes. The minutes of the January 14, 2009, regular meeting were approved
� unanimously upon motion by Charles Haubold and seconded by Trae Bertrand.
Heari_nqs on Rezoninq and Sqecial Use Permit Applications
1. A request of Cape Special Road District to rezone the property located at 120 Warson
Street from R-1 (Single-Family Residential) District to M-1 (Light Industrial) District.
Sarah Wallace said that this property was annexed into the City as an R-1 (Single-
Family Residential) District and have not rezoned yet. City Staff recommended approval.
No one spoke for or against the rezoning in the Public Hearing. Chairman Bill Hinckley
closed the Public Hearing.
Discussion and Votinq on the Rezoninq and Special Use Permit Applications
2. A request of Cape Special Road District to rezone the property located at 120 Warson
Street from R-1 (Single-Family Residential) District to M-1 (Light Industrial) District. Mark
Phillips of Cape Special Road District said he was there to answer any questions.
Charles O. Haubold, Jr. motioned to recommend approval of the rezoning of 120
Warson Street from R-1 (Single-Family Residential) District to M-1 (Light Industrial)
District, seconded by Trisha Mothershead and passed unanimously.
Subdivision Plats
3. Lynwood Hills North Subdivision, Record Plat. Sarah Wallace stated that this subdivision
plat is to divide the land to run with a duplex where the units have already been divided.
� City Staff recommended approval with no conditions. Ronald Wene, the owner of one of
the units of the duplex was at the meeting to answer questions. Scott Rhodes made a
motion to recommend approval of the Lynwood Hills North Subdivision, seconded by
Charles O. Haubold, Jr. and passed unanimously.
Local Historic District `�"�
4. Boulevard Local Historic District. Sarah Wallace stated that the residents of this district
submitted a petition and a set of design guidelines to the Historic Preservation
Commission and that the Historic Preservation Commission voted to forward the design
guidelines onto the Planning and Zoning Commission and to recommend approval of the
establishment of the Boulevard Historic District.
Chairman Hinckley asked for persons to speak in favor of the Boulevard Historic District.
No one came forward at this time.
Chairman Hinckley asked for persons to speak against the proposed Boulevard Historic
District.
John Tansil of 1225 Hillcrest Drive spoke against the creation of the historic district. He
noted that he has put a lot of money into his home and does not think it is right for
someone to impose on his rights to make exterior or landscaping changes to his
property. John stated that the design guidelines infringe on private property rights and
also stated that he thinks that the majority of people signed the petition based on the
street parking regulations and the number of people allowed in rental properties that
were specified in the original draft of the design guidelines but have since been taken
out. John Tansil respectfully requested that the Planning and Zoning Commission would
respect his private property rights and put a clause in the design guidelines that would
exempt their property from the guidelines. t �
�.r/
Lynn McLain of 1208 Hillcrest Drive spoke against the creation of the historic district.
She had brought a copy of the petition with her and noted that many of the people who
signed the petition did so towards the beginning of the process and she was not sure
how many people took the time to read the design guidelines as they went out to
property owners. She also mentioned that she feels that the older someone's property is,
the less they will be able to do with it according to the design guidelines. Lynn McLain
fears that by having to go through the Historic Preservation Commission to get a
Certificate of Appropriateness, remodeling the exterior of her home could become more
of a hassle.
Charles Distefano of 360 North Park Avenue spoke for the creation of the Boulevard
Historic District. He stated that he had signed the petition and it is his believe that many
that are against the creation of the district, are against it due to confusion. He also
mentioned that the design guidelines are never going to please everyone in the district.
He also mentioned that he wanted a one year mandatory review and then every two
years after the initial one year review. He also stated that there should be reviews at any
time if necessary.
Charles Haubold suggested that the proposed Boulevard Historic District should be sent
back to the Historic Preservation Commission for fine tuning. Scott Rhodes agreed and
added that he wanted to see the residents who support the creation of the proposed
historic district. Scott Rhodes added that he thinks this is a beautiful area and should be
maintained but he wants to see the supporters. �
Charles Haubold made a motion to send the proposed Boulevard Historic District back to
the Historic Preservation Commission, seconded by Harry Rediger. There was
� discussion on the motion. Trae Bertrand asked about the necessary 51% that needed to
sign the petition and asked if the petition would need to be re-circulated. Ken Eftink
stated that this has gone through the petition process but changes have been made, he
also stated that we would need to check with the City Attorney to see what we can
legally do regarding the re-circulating of the petition. Harry Rediger stated that he
wanted more well defined recommendations with better facts. With no more discussion,
the motion was voted on and passed unanimously to send the proposed Boulevard
Historic District back to the Historic Preservation Commission.
Ken Eftink stated that the earliest that the proposed Boulevard Historic District could go
back to the Historic Preservation Commission would be March 18, 2009. Bill Hinckley
added that there is no need to rush things, especially since this would be the first local
historic district if approved.
Other Items and Communications
5. Public Participation in Zoning Code Update. Sarah Wallace stated that the Planning and
Zoning Commission has formed a subcommittee to update the City Zoning Code and
Subdivision Regulations. She mentioned that the subcommittee started with residential
districts and that this is the first draft of many drafts and the first meeting of many
meetings. Sarah stated that the other zoning classifications would also be discussed.
Sarah noted that the City Comprehensive Plan recommends updating the zoning code
so the purpose of the discussion would be to get a general feel of involvement as we go
through the process and to make sure that everyone is interpreting the document in the
� same way and that this is just the beginning.
Bill Hinckley told the residents in attendance that this discussion would be them telling
the Commission and City Staff what they thought and that the Commission and City Staff
did not intend to respond to comments yet. Bill Hinckley stated that this was the public's
opportunity to talk to the commission and to City Staff. Sarah Wallace also mentioned
that there is a link on the City website for updates.
Dave Soto of 1200 North Kingshighway spoke first. He mentioned that he represents
property owners in Cape Girardeau and he commented on private property rights. Dave
Soto was concerned that renters should have rights too. Dave Soto stated that he wants
to be able to tell investors that Cape Girardeau is a friendly place.
Taylor Bahn of 1000 North Henderson stated that he feels the laws are confusing. He
mentioned that the rules are confusing with dormers and roomers and how these are
classified. He feels that there is a lot of confusion when you have college students
renting as well. He stated that the new code needs to have more specificity and that the
City should look at having a maximum of three people renting in a single family zoning
district.
Christopher Hutson of 1014 North Henderson stated that he is a homeowner and also
owns several homes that he rents out to various people. He added that he has never
rented to more than three unrelated people or to more than just one family. He added
that if someone is not making money on property that they own, then they probably need
to look elsewhere. Christopher Hutson added that people should have the right to have a
� peaceful night in a nice neighborhood.
Robin Cole of 2105 Perryville Road, spoke as the Chair of Habitat for Humanity. He
stated that the we need to expand our mind to what a family is and that a family is not
just two parents and children anymore. He stated that we need to learn flexibility in what �
constitutes a family and that many families are formed by economic necessity. Robin
Cole mentioned that there are mothers joining up with other mothers for economic
convenience because they can not find men who will match up with them. Robin Cole
stated that the City needs to be really careful as to how family is defined.
Jason Coalter of 112 South Broadview spoke on the topic of roomers. He added that
when he was made aware of the meeting it was Monday at 4:OOpm. He stated that his
development company was not formally invited. Chairman Hinckley stated that it was not
intentional and apologized for there not being a formal invite. Jason Coalter stated that
he has tremendous respect for those who chose to live next to the University and he
added that there are parking issues everywhere and he addressed the noise issue
saying that there should not be loud parties after 10:OOpm even though there are. He
added that the Hutson's deserve a peaceful place to live. Jason Coalter stated that the
City needs to enforce the laws that are on the books. Jason Coalter stated that his
company has put thousands of dollars into properties, turning them from a $4,000 home
into a $135,000 home. He also stated that there are students who will take better care of
a home than other people. He also added that if there was a maximum number of 3
unrelated people that could rent a property, then businesses and landlords would go out
of business and also that his business would not be able to afford tax credit historic
preservation to turn a $4,000 home into a $135,000 home anymore. Jason Coalter also
spoke about a nonprofit called the Oxford Home which helps people who have had drug
problems to get over their addiction. He stated that this program puts a minimum of 7
people into a home to maintain a family feel and that this program would go out the
window if the maximum number would change to 3 people. Jason Coalter stated that �
there are loopholes in the law. Jason Coalter also added that if there ends up being a
maximum of 3 un-related people allowed to live in a particular property, then many
landlords who have invested will break the rule.
Sarah Wallace added that the 3 un-related people was for a single family residential
zone and that there were areas appropriate to have a maximum 3 un-related people and
areas where it would be appropriate to have more. She added that it depends on what
the intent of the district is.
Ken Eftink mentioned that we have created 8 new zoning districts that we have never
seen before and that the purpose of this meeting was to talk about the big picture of
zoning districts. He added that we do need to talk about roomers but that is a discussion
we have not gotten to yet.
Robin Cole spoke again and mentioned the idea of sustainability. He suggested that the
new code could allow for more community development that would allow residents to
walk from their home to get groceries or other necessities.
Barbara Port of 3120 Independence asked about enforcement and how when someone
makes a lease, how the 2 or 3 people may sign it. She also asked what can constitute a
guest and if that means they can only stay for one night, months, or even a year. She
added that living somewhere and staying somewhere are two completely different
things. She wanted to know how we are going to enforce whatever is written and that
there is no use making rules that can not be enforced. L �
V
..
Bob Towner, who is the Pastor of a church on North Fountain Street wanted to clarify
some of his concerns and said that most had to do with Jason Colter. He stated that
� chopping up houses into apartments is where neighborhoods begin to deteriorate.
Joan Jones, of 1514 Sylvan Lane who is part of a neighborhood connection said that the
big problem is with landlords who don't care. She stated that she wants Cape Girardeau
to be a healthy place to live.
Quinn Strong of 2316 Bent Creek Drive in Jackson stated that he is a rental property
owner and said that there is a problem when the maximum number of un-related people
living in a home is three persons because that cuts into the profits of landlords who as a
result, can not afford to refurbish homes and provide green building and sustainable
housing anymore. He also added that the neighbors of housing that he has refurbished
in the past are pleased with the homes and the increased property values. He also
added that he has been thanked by realtors who are pleased with his work. He
apologized for some of the noise that gets made but added that he feels the good that
comes out of these homes outweighs the sleepless nights.
Doug Atwood of 3015 Minute Men Way stated that he was the president of his
neighborhood association. He said that he did not like how nice residential homes are
being turned into rental property and ending up with trash everywhere which is due to
lack of enforcement and landlords who are not responsible. He added that when you
have 3 to 5 to 7 unrelated people in a house, that leads to problems and he questioned
how there could be up to 7 cars in a driveway.
David Hutson suggested that the zoning issues be split up so that someone doesn't sit
� through someone else's meeting.
Charles Haubold mentioned that this is the first time in 40 years that the City Zoning
Code has been looked at with the intention of re-writing it and that we are learning
everyday. He said that the Code is for everybody and not just select people. He also
added that the rules are no good if they are not enforced. He stated that we are looking
for good constructive criticism and he added that if someone had more to say, then they
should send letters.
Harry Rediger mentioned that the meeting was supposed to have an overview of the
new categories yet there were no comments on that. Bill Hinckley added that was
because of the news article. Sarah commented that the information is on the City
website and suggested that we could have press releases to make announcements.
6. Staff Time.
7. Adjournment. Upon motion made by Charles Haubold and seconded by Trae Bertrand
the meeting was adjourned unanimously.
Respectfully submitted,
� Raymond Buhs
Secretary
� BOARD OF ADJUSTMENT MINUTES
CITY OF CAPE GIRARDEAU
P. O. Box 617
Cape Girardeau, MO 63702-0617
February 17, 2009
!_�
To the Honorable Mayor and Council
of the City of Cape Girardeau, Missouri
Ladies and Gentlemen:
The Board of Adjustment met on Tuesday, February 5, 2009, with regular members
Daniel Little, Mark Buerck, and William Whitlock, Larry Caldwell and alternate members Tim
Kelley, Edward Hart and David Hinton present. Regular member George Peo was absent.
Chairman Dan Little called the meeting to order at 7:00 P.M. Chairman Little called for
approval of the minutes of the January 6, 2009 meeting. Mr. Buerck asked for a correction
regarding the signature of the Secretary. Mr. Hart's name should appear for signature currently.
� Chairman Little called for approval pending the correction. Minutes were approved by voice
vote.
Chairman Little stated the hearing on the agenda is a request by LeGrand Construction to
vary the front and rear yard setbacks in an R-4 district. Staff presented for the record a certified
copy of the application to be considered and all attachments.
Steve LeGrand appeared before the Board to explain his request. Mr. LeGrand stated that
he has a lot that does not front a street. The lot has been platted since the 1950s and is original to
the subdivision. Due to the orientation of the lot, it would be better to push the house back on
the lot to increase the usable front yard space. This would also allow for a turnaround that is
needed to access the driveway easement. Mr. Caldwell questioned how the lot is accessed. Mr. .
LeGrand stated that a driveway easement was originally platted off of North Middle but he has
purchased the property on the other side and he is platting another driveway easement off of
North Frederick.
Chairman Little called for the vote. Motion was made by Dave Hinton to approve the
variance. Motion was seconded by Bill Whitlock. Motion was approved upon a roll call vote as
follows:
Caldwell (R) Aye
� Kelley(A) Aye
Hart(A) Aye
Board of Adjustment Meeting
February 17, 2009
Page 2 of 2
Hinton (A) Aye �,;,,�
Little(R) Aye
Buerck(R) Aye
Whitlock (R) Aye
Peo (R) Absent
Mr. Buerck made a motion to adopt the Findings of Fact and Conclusions of Law. Mr.
Caldwell seconded the motion. The motion was approved upon the following vote:
Little (R) Aye
Buerck (R) Aye
Whitlock(R) Aye
Caldwell (R) Aye
Kelley(A) Aye
Hart(A) Aye
Hinton (A) Aye
Peo (R) Absent
There being no other business to bring before the Board, Mr. Hinton moved to adjourn,
Mr. Buerck seconded the motion. Motion carried by voice vote.
Respectfully submitted, �
Edward Hart
Secretary
Present: Little (R), Buerck (R), Whitlock (R), Caldwell (R), Hart (A), Hinton(A),
Kelley(A)
Absent: Peo (R)
Staff Liaison: Tim Morgan
�
MINUTES
HISTORIC PRESERVATION COMMISSION
� Ciry of Cape Girardeau
PO Box 617
Cape Girardeau, MO 63702-0617
February 18, 2009
The Historic Preservation Commission held their regular meeting February 18, 2009, at 7:00
p.m., at City Hall, 401 Independence Street.
Members Present: Bill Eddleman — Chair, Patti House — Secretary, Scott House,
Sharon Giebler, Richard Withers, Donna Grantham, and Jim Blakemore
Members Absent: Steve Pledger—Vice Chair, Ed Kaiser
Staff Present: Sarah Wallace, and Richard Reinhardt
Chairman Bill Eddleman called the meeting of the Historic Preservation Commission to order at
7:00 P.M.
Upon motion made by Scott House and seconded by Jim Blakemore, the minutes of the January
21, 2009 meeting were unanimously approved.
Appearances of items not on the agenda. Dr. Hoffman presented the 2008 Historic Preservation
� Survey on the Boulevard Historic District. Dr. Hoffman stated that the costs of the survey was
$386.51.
Discussion and Votin�Yon Applications
1. 2009 Survev Conducted bv Students of the Historic Preservation Pro�ram Request
of Dr. Hoffman's Historic Preservation Class to conduct a survey for the Historic
Preservation Commission. The survey location is the area including property on both
sides of Alta Vista and Terrace on the North, Pacific on the West, Sprigg Street on the
East, and Bellevue on the South.
There was some discussion on areas that could be surveyed in the future.
Upon motion made by Jim Blakemore and seconded by Sharon Giebler, the motion to
accept the boundaries for the survey passed unanimously.
2. 2009 Survey Conducted bv Students of the Historic Preservation Pro�ram Request
of Dr. Hoffman's Historic Preservation Class to approve the contract for the 2009 Survey
with the survey area being bounded by properties on both sides of Alta Vista and Terrace
on the North, Pacific on the West, Sprigg Street on the East, and Bellevue on the South.
Dr. Hoffman stated that the costs for the survey should not exceed $470 and that the cost
� of the 2008 Survey was $386.51.
Upon motion made by Richard Withers and seconded by Sharon Giebler, the motion to
approve the contract and allocate funds not to exceed $470 to conduct the survey, was
approved unanimously.
Committee Reports
�
3. Education Committee. Patti House said that Fort D Days will have an education day on
May 1, 2009.
4. Landmarks Committee. Bill Eddleman said that Original Treasures signs will be installed
soon.
5. Publicity Contact. No report.
Other Business
6. Other business not on the agenda.
Boulevard Local Historic District.
Bill Eddleman began discussion on the proposed Boulevard Local Historic
District stating that it needed to be discussed since the Planning and Zoning
Commission sent it back to the Historic Preservation Commission. Patti House
stated that she was surprised that Planning and Zoning allowed people to speak.
Sarah Wallace informed the Historic Preservation Commission that it is the policy �
of the Planning and Zoning Commission to allow people to speak and suggested
that next time it needs to be coordinated that the Historic Preservation
Commission can give an update to Planning and Zoning.
Scott House mentioned that when the ordinance was past, changing the
percentage from 75%to 51% of people in a district needing to sign a petition in
order to be designated as a Local Historic District, that the Historic Preservation
Commission was given an opportunity to speak with Planning and Zoning to give
an explanation.
Sarah Wallace said that we need to look at how we do Historic Preservation in the
Zoning Code, especially if significant changes occur during the process of
designating a Local Historic District. She also added that if the intent of the
proposed Boulevard Historic District was to regulate street parking, then that is
not the intent of a local Historic District.
Sharon Giebler stated that we need to take time between now and April to go
through the guidelines to clean it up.
Scott House suggested changing the boundaries and that if property owners living
on Hillcrest don't want to be part of the district, then we can take them out of the
district. Scott House also mentioned that parking has driven a lot of people. He �
• cited from the National Trust on how to establish a local historic district, that does
mention parking. Scott House asked if street parking really is that big of a deal.
� Sarah Wallace stated that there are street parking problems all over the city and it
is not appropriate for street parking to be in the design guidelines of a historic
district.
It was agreed that City Staff would continue working with the residents of the
district until an agreement could be made on the design guidelines with residents
of the proposed district.
Trainin�
Bill Eddleman asked Dr. Hoffman to provide a training session at 6:30 on March
18, before the regularly scheduled meeting. Dr. Hoffman agreed to provide a
training session but was not sure if March 18 would work since it is during Spring
Break.
Dr. Hoffman asked what would be helpful to the Commission to learn. It was
suggested to go over the responsibilities of the commission regarding Historic
Landmarks and Districts at both the Local and National levels. It was also
suggested to discuss the benefits of historic designation. Sarah Wallace suggested
going through the process of acquiring a Certificate of Appropriateness.
Bill Eddleman suggested that if March will not work for Dr. Hoffman, then the
� training could be held in April.
7. Staff time. Sarah Wallace stated that Old Town Cape was going to be having a Historic
Tax Credit workshop on March 12ih at 6:30pm and that it would be free. It was added that
Karen Baxter would be the speaker at this workshop.
8. With no further discussion, Jim Blakemore made a motion to adjourn the meeting,
seconded by Donna Grantham, and approved unanimously.
Respectfully Submitted,
Patti House
Secretary
�