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HomeMy WebLinkAboutCouncil.Agenda.12-06-10.PacketCITY COUNCIL MEETING AGENDA Monday, December 6th, 2010 CAPE GIRARDEAU, MISSOURI Harry E. Rediger, Mayor John Voss, Ward 1 Meg Davis Proffer, Ward 2 Debra Tracy, Ward 3 Loretta Schneider, Ward 4 Mark Lanzotti, Ward 5 Kathy Swan, Ward 6 Council Chambers City Hall 401 Independence Cablecast on: City Public Access Channel 993 www.cityofcapegirardeau.org Monday, December 6, 2010 Study Session 5:00 p.m. Items for Discussion • Planning & Zoning Commission Report — Bill Hinckley • Tangible Results Presentation — Environment Conducive to Economic Development — Scott Meyer, Eric Cunningham • Cape Girardeau Area MAGNET Improved Outcomes Presentation — Mitch Robinson • Petition relating to Smoking Ban • Appointments to Parks and Recreation Advisory Board • Appearances regarding items not on the agenda • Agenda review No action will be taken during the study session Closed Session Following Study Session Items for Discussion: • Legal actions, causes of action or litigation, property acquisition, and personnel, pursuant to RSMo. Section 610.021(l), (2) and (3). 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), 610.02 l (2), and 610.021(3). City Council Agenda Page 2 December 6, 2010 Regular Session 7:00 p.m. Invocation — Reverend Bob Towner, Christ Episcopal Church Pledge of Allegiance Call to Order/Roll Call Adoption of the Agenda Presentations • None Communications/Reports • City Council • City Manager and Staff Public Hearings A public hearing regarding the request of Fruitland Livestock Market to zone property located south of LaSalle Avenue and on both sides of Baldwin Drive to the R-3, high density family residential district and to the C-2, highway commercial district. (Agenda Item No. 19, BILL NO. 10-174). Report No. 10-236 2. A public hearing to consider an amendment to the Zoning Ordinance of the City of Cape Girardeau, which would limit the number of domestic servants in residential areas. (Agenda Item No. 20, BILL NO. 10-175). Report No. 10-237 Appearances Individuals who wish to make comments regarding items scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must state his/her name and address for the record. The timer will buzz at the end of the speaker's time. 0 Items listed on the agenda City Council Agenda Page 3 December 6, 2010 Consent Agenda The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to the members of the audience. All matters listed within the Consent Agenda have been distributed to each member of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be enacted by one motion of the council with no separate discussion. Staff recommends approval of the Consent Agenda. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the City Council. 3. Approval of the following City Council minutes • November 15, 2010, regular and closed sessions • November 24, 2010, special session 4. BILL NO. 10-106, an Ordinance repealing Sections of Chapter 30, and repealing and enacting new sections of Chapter 25 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Billboards, Signs, Fences, Retaining Walls, Landscaping and Bufferyards. Second and Third Readings. Report No. 10-212 5. BILL NO. 10-145, an Ordinance amending Chapter 17of the Code of Ordinances of the City of Cape Girardeau, Missouri, by adding a new Article XI entitled "Regulation of Methamphetamine Precursor Drugs." Second and Third Readings. Report No. 10-220 6. BILL NO. 10-165, an Ordinance annexing land to the City of Cape Girardeau, Missouri, upon the request of Fruitland Livestock Market, Inc. Second and Third Readings. Report No. 10-222 7. BILL NO. 10-167, an Ordinance amending the boundaries of Ward 4 to include properties annexed by the City of Cape Girardeau, Missouri. Second and Third Readings. Report No. 10-223 8. BILL NO. 10-163, an Ordinance accepting a sanitary sewer easement on the Clippard School Property from Dr. James Welker, Superintendent of Cape Girardeau Public School District No. 63. Second and Third Readings. Report No. 10-224 9. BILL NO. 10-161, an Ordinance authorizing the Mayor to execute a quit claim deed to the State of Missouri releasing interest in an easement on the Veteran's Home Property. Second and Third Readings. BILL NO. 10-162, an Ordinance accepting a quit claim deed, temporary construction easements, and a permanent slope easement from the State of Missouri for Veteran's Memorial Drive on the Veteran's Home property. Second and Third Readings. Report No. 10-225 City Council Agenda Page 4 December 6, 2010 10. BILL NO. 10-170, an Ordinance approving the record plat of Thomgate Subdivision. Second and Third Readings. Report No. 10-227 11. BILL NO. 10-173, a Resolution authorizing the City Manager to execute an Agreement with Preferred Resource Network, Inc., d/b/a Personal Assistance Services, for an Employee Assistance Program. Reading and Passage. Report No. 10-228 12. BILL NO. 10-176, a Resolution authorizing the City Manager to execute a Web Site Development and Hosting Agreement on behalf of the City of Cape Girardeau, Missouri, with Element 74, L.L.C. Reading and Passage. Report No. 10-229 13. BILL NO. 10-177, a Resolution authorizing the City Manager to execute a Release of Lien for 915 Bloomfield Street for the Good Hope/Jefferson Neighborhood Restoration Project. Reading and Passage. Report No. 10-230 14. A motion accepting the improvements completed under the Osage Community Centre Construction Phase Il Project and the new Family Aquatics Center, and authorizing final payment to Penzel Construction Company, Inc. Report No. 10-231 15. A motion approving the modification of the Special Use Permit for a telecommunication tower at 204 North Kingshighway and changing the ownership of the Special Use Permit to include both Roberts Communication Properties, LLC and American Tower Corporation. Report No. 10-232 Items Removed From Consent Agenda New Ordinances 16. BILL NO. 10-169, an Ordinance accepting fee simple interest and temporary construction easements from various property owners for the Lewis and Clark Parkway (Veterans Memorial Drive Phase 1) Project. First Reading. Report No. 10-233 17. BILL NO. 10-171, an Ordinance approving the record plat of a Resubdivision of Lot 25 of Lexington Place Second Subdivision. First Reading. Report No. 10-234 City Council Agenda Page 5 December 6, 2010 18. BILL NO. 10-146, an Ordinance approving the record plat of a Resubdivision of Lots P38, P39, & P40 of the Lochs at Dalhousie — Phase IV and Lots P85, P86, & P87 of the Lochs at Dalhousie — Corrected Amended. First Reading. BILL NO. 10-172, an Ordinance vacating the City's interest in utility easements located in the area of 1533 Helmsdale Drive, in the City of Cape Girardeau, Missouri. First Reading. Report No. 10-235 19. BILL NO. 10-174, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning south of LaSalle Avenue and on both sides of Baldwin Drive, in the City and County of Cape Girardeau, Missouri from R- 1 to R-3 and C-2. First Reading. Report No. 10-236 20. BILL NO. 10-175, an Ordinance amending Chapter 30 of the Code of Ordinances, of the City of Cape Girardeau regarding domestic servants. First Reading. Report No. 10-237 Appointments 21. Appointments to the Parks & Recreation Advisory Board Report No. 10-238 22. Appointment to the River Campus Board of Managers Report No. 10-239 23. Appointment to the Show Me Center Board of Managers Report No. 10-240 Other Business 24. BILL NO. 10-178, a Resolution authorizing the City Manager to execute Amendment No. 2 to the General Services Agreement with HDR Engineering, Inc., to provide engineering services for a wastewater treatment plant, in the City of Cape Girardeau, Missouri. Reading and Passage. Report No. 10-241 Meeting Adjournment City Council Agenda Page 6 December 6, 2010 Memos • Census Data Memorandum No. 10-54 • Appointment to the Planning and Zoning Commission Memorandum No. 10-55 • Appointments to Board of Examiners Memorandum No. 10-56 • Revenue and Expense Summaries for July, 2010 - September, 2010 Memorandum No. 10-57 Advisory Board Minutes: • Board of Examiners, October 6, 2010 • Tree Board, October 18, 2010 • Capaha Field Improvement Committee, October 25, 2010 • Public Library Board of Trustees, October 28, 2010 • Parks & Recreation Advisory board, November 8, 2010 • Planning and Zoning Commission, November 10, 2010 • Show Me Center Board of Managers, November 11, 2010 • Historic Preservation Commission, November 17, 2010 Agenda: December 6, 2010 Staff: Ken Eftink, Assistant City Manager/ AGENDA REPORT Development Services Director CapeGirardeauCouncil SUBJECT Request to zone property on the south of LaSalle Avenue and the east side of Baldwin Drive to the C-2 (Highway Commercial) District and the property on the west side of Baldwin Drive to the C-2 (Highway Commercial) and R-3 (High Density Single Family Residential) District. EXECUTIVE SUMMARY It is the request of Fruitland Livestock Market to zone the property located on the south of LaSalle Avenue and east side of Baldwin Drive to the C-2 (Highway Commercial) District and property on the west side of Baldwin Drive to the C-2 (Highway Commercial) and R-3 (High Density Single Family Residential) District. BACKGROUND/DISCUSSION At their meeting on October 13, 2010, the Planning and Zoning Commission heard a request from Fruitland Livestock Market to zone the property located south of LaSalle Avenue and on both sides of Baldwin Drive. The applicant requested the R-3 (High Density Single Family) District for the southwest portion of the property and C-2 (Highway Commercial) District for the remaining property. Katy Liley of Koehler Engineering spoke on behalf of the applicant. Koehler Engineering had submitted a development plan showing a bank, convenient store, and retail center going into the commercial portions of the development. However, another company, MACO Development Company, has the property on the east of Baldwin Drive under contract for senior housing duplexes, subject to approval of the project by the Missouri Housing Development Commission. The Planning and Zoning Commission did not want to approve commercial zoning for the property without a specific site plan for the area. Therefore, at this time, the Planning and Zoning Commission is recommending disapproval of the request due to the fact that the owner, Dutch Meyr, does not have specific development plans for the east side of Baldwin Drive. The proposed C-2 zoning does allow both commercial uses and the proposed senior duplex development on the east side of Baldwin Drive. Dutch Meyr has since submitted a record plat for a sixteen (16) lot duplex development on the southwest portion of the property. Improvement plans for this development have been submitted to Engineering. This type of development is appropriate for Baldwin Drive. The Future Land Use Plan recommends mixed density residential uses for this area. STAFF RECOMMFNDATION Staff recommends approval of the R-3 zoning in the southwest portion of the property. While the plans for the commercial development for this property are conceptual only, commercial uses along LaSalle Avenue are appropriate. Medium to high density residential uses are more appropriate along Baldwin Drive, although convenience retail may be desirable as more residential uses are developed in the area. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended disapproval of the request at their meeting on October 13, 2010. The vote count was 0 in favor, 7 in opposition, and 0 abstaining. ATTACHMENTS • BILL NO. 10-174, Ordinance changing zoning • Staff Review Form • Planning and Zoning Action Form • Rezoning Application • Zoning Map • Future Land Use Map • Aerial Map CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Special Use Permit/Rezoning File No.1241 Address of Property Baldwin Drive Staff Review and Comments: It is the request of Fruitland Livestock Market, Inc. and Meyr Properties LP to rezone the property located on the south side of LaSalle Avenue and on both sides of Baldwin Drive to the R-3 (High Density Single Family Residential) District and to the C-2 (Highway Commercial) District. The applicant plans to have a duplex development on the southwest portion of the property and have the rest zoned for commercial uses. The future land use plan recommends mixed density residential uses for this property. U, y Za -10 Planning Supervisor Date ...!l0.......l.X.....11a. . . . . . . . . . . . . . . . . . . a . . . . . . . 0. 4................. a . . . . . . I City Manager �' 'R - l'v Date ................... i............................................................. Posting Date for Planning and Zoning Commission Public Hearing: /0 &-/C ................................................................... ......... Planning and Zoning Commission Recommendations: .SCG �Mr:nq 0.)il� Zohing li �sN oma. Fe—) ............................................................... ...............I Posting Date for City Council Public Hearing: .......................................................... 0.................... Council Action: Favor: Oppose: Abstain: Revised 3127/08 CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION ACTION Request for Rezoning Recommended Action: That the request of Fruitland Livestock Market, Inc. and Meyr Properties LP to zone the property located on the south side of LaSalle Avenue and on both sides of Baldwin Drive to the R-3 (High Density Single Family Residential) District and to the C-2 (Highway Commercial) District be recommended for approval. The vote count on the motion to approve was: Vote Count: Favor — 0 Oppose — 7 Abstain — 0 Date Recommendation Made: October 13, 2010 Comments: The Commissioners had received a site plan from Koehler Engineering showing a convenience store and a retail shopping center on the east side of Baldwin Drive. However, Dutch Meyr also has that property under contract for duplexes on the east side of Baldwin Drive. The Commissioners did not want to approve commercial zoning for the property with no definite plans for the area. Citizens commenting at meeting: Katy Liley, Koehler Engineering, spoke on behalf of applicant Chair/A�-Wilfiarn mT. Hinckle City of Cape Girardeau Rezoning/Special Use Permit Application ® Rezoning or[:]Special Use Permit (Please check one) SECTION A 1. Description of project: The southwest portion of the total property (7.68 Acres) is to be rezoned to R-3, High Density Single -Family Residential District for Duplex or Townhouse units. A proposed subdivision of 16 lots is to be developed on this parcel. The balance of the property, being the East side of Baldwin Road and the SW corner of the intersection of Baldwin Road and LaSalle Avenue, are being rezoned C-2, Highway Commercial District, for future commercial development along LaSalle Avenue. 2. Street address of tract (or other location description): The property is presently vacant, and has no addressing. The location is on the South side of LaSalle Avenue, and lies on both sides of Baldwin Road, as indicated on the attached exhibit. 3. Names and addresses of all legal owners of tract: The property is currently owned by: Fruitland Livestock Market, Inc., and Meyer Properties LP; both addressed at 966 County Road No. 616, Jackson, Missouri 63755 4. Present zoning classification: R1 (Meyer Properties) and Unzoned (Fruitland Livestock Market, Inc.) Presently out of City Limits, and will come in as R-1. 5. Requested new zoning classification: R-3, High Density Single Family Residential District and C-2, Highway Commercial District. 6. Requested special use: Not Applicable Revised 3/13/09 City of Cape Girardeau Rezoning/Special Use Permit Application 7. Person handling this application (name, address, phone number): Chris Koehler, Koehler Engineering and Land Surveying, Inc., 194 Coker Lane, Cape Girardeau, Missouri 63701. (573) 335-3026. 8. If tract is to be transferred, name and address of intended owner: Not Applicable For Office Use Only: Date Received in Planning Services Office: 7i3 Received by: F—P— Revised 3/13109 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. (Signatures of ALL PERSONS listed in Items 3 and S above and date of signatures): Nan Date 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.) See Attached- 2. ttached 2. Attach to this application a scale plat or map of the tract, on paper no larger than 11 in sbysbyl7iKhes,4n"ingihefollowilg (Zf ycu Cb not rave a sviveyar's plat ofttl-- p q3a y, ib2rs a and b cm to dta E1 fin tt� Qaa-fy MMY9 all FP=Sal Oyic2 in dr atz Ly A arastratim au c rg in JcJy : 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 3/22/2010 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 infomda tion can be cdtair� from ti- arty Mpmlj aryl zp7� Qhce in tai- arty A±ffustatim a0c rr7 in Jackson.) NOTE: Where a rezoning or special use permit is requested for part of a larger platted tract, adjoining owners are considered as those adjoining the larger tract. 1. Meyer Properties LC c/o Mr. Ryland Dutch Meyer 966 County Road #616 Jackson, MO 63755 Cape Girardeau, MO 63701 2, Norwald, Inc. c/o Mr. Ryland Dutch Meyer 966 County Road 4616 Jackson, MO 63755 Cape Girardeau, MO 63701 3. Southeast Missouri State University Attn: Ms. Kathy Mangles, VP One University Plaza Cape Girardeau, MO 63701 4. Mr. Charles Baldwin 2596 County Road #618 Cape Girardeau, MO 63701 5. Dr. William and Trisha Lafoe 309 Fox Run Lane Cape Girardeau, MO 63701 6. Chris and Stephanie Koehler, etal. 194 Coker Lane Cape Girardeau, MO 63701 With this application, the applicant must deliver to the Planning Services Office a stamped, plain business envelope addressed to each of the landowners listed in Section C, Item 1, of this application. Please do not include a return address. The Planning Services office will use its return address. (If a tract is owned by the City of Cape Girardeau, an envelope for City property is not needed.) Envelopes are provided herewith. Revised 3/22/2010 . City of Cape Girardeau Rezoning/Special Use Permit Application SECTION D State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. The property is to be utilized for duplex and townhouse development (R-3), as well as future commercial use along LaSalle Avenue. A copy of the plat for the proposed subdivision is attached hereto for reference. 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. Not Applicable. 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? No Transfer of ownership is anticipated as a result of this application. 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? if so, give the date and state the prior action taken by the City Council. If you are unsure as to whether or not an application was previously made, please contact the Division of Planning Services Office for assistance. No prior application has been made for this site for rezoning or .special use. Revised 3/22/2010 City of Cape Girardeau Rezoning/Special Use Permit Application SECTION E State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. • This development will provide new duplex housing in an area that is presently not served with any housing. The duplex housing market in Cape Girardeau is presently one of the only housing markets with growth potential. • The construction of the infrastructure and housing will provide badly needed jobs, and the sale of materials for construction in Cape Girardeau, Missouri. • The constructed project will increase the assessed tax base, benefitting local schools and other governmental entities. 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. aL-lg3xm or e -frail its can tx i Istel, ± pLa3 nn t1m as such.) L Meyer Properties LC c/o Mr. Ryland Dutch Meyer 966 County Road 4616 Jackson, MO 63755 Cape Girardeau, MO 63701 2. Norwald, Inc. c/o Mr. Ryland Dutch Meyer 966 County Road #616 Jackson, MO 63755 Cape Girardeau, MO 63701 3. Chris and Stephanie Koehler, etal. 194 Coker Lane Cape Girardeau, MO 63701 Revised 3/22/2010 w+n..nx nK.uL� _Y - 121 r I IJ I �_� __._n�I M1TEAF�'111 C_L.E_�0'IVl4 I ql, Et �. w •� �t °� r T�.fr ------------ � , u � ILI.IVEkFlFLLt1r,�T_ SU'MV � m�` i1 1I-=�IFG I a•• ..r mlrn 1, mli .�. I I a•• ..r mlrn mli .�. I n i ne I � o m I a1 l aFtl � I�� 1 fo I I� ml� �Iz cl SIC I�� I I I I I I I I I -. .. rr •il _ 1 1 _____i_ _1_ 11A-._I__i P•1-_.__..1... Future Land Use Map of Fruitland Livestock Market Property S to zone Request to Zone to the R-3 (High Density Single Family Residential District and to the C-2 (Highway Commercial) District 5 The Future Land Use Plan Recommends Mixed Density Residential ---------- Legend ens "� ���� \ A A�� / h `� —•-- Clry Lim As n r �A SCA _}� x ✓\ � X� �Parwls 6v��V �f / Future Land Use Plan Large Lob Estate Low Density Re eMoi / \ VA( m (\ A��A \�� ���i1 Medium DensAy Residential y� ?ArcedDe AyR.s,d tial 0 300 600 1,200 Feet 1, OLOVERDALE RAN ,. w r r • i 1 _ . _ _ i _ _ I _ R A _ .-I _ _ 1 M.- _ - _ .,1. . Agenda: December 6, 2010 Staff: Ken Eftink, Assistant City Manager / AGENDA REPORT Director of Development Services CapeGirardeauCouncil SUBJECT Ordinance approving a change to the zoning ordinance in regards to domestic servants EXECUTIVE SUMMARY This agenda item provides for the consideration of a change to the zoning ordinance in regards to domestic servants. The proposed revision would limit the number of domestic servants that can live in a residential unit. BACKGROUND/DISCUSSION The City has identified a concern with our zoning ordinance in regard to limiting the number of unrelated persons that can live in a residential unit as a "family" to three unrelated people. The current language allows an unlimited number of domestic servants. It is possible that a landlord could have any number of persons living in a residence if they were considered domestic servants. To address this concern, staff proposes the following change to the zoning regulations: 30-105 Definitions To be repealed: (38) Family— a. One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit; or b. Three (3) or fewer unrelated persons living as a single housekeeping unit; or c. Two (2) unrelated persons, plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, living as a single housekeeping unit. Domestic servants, employed on the premises, may be housed on the premises without being counted as part of the family. The term family shall not be construed to mean a fraternity, sorority, club or institutional group. Proposed Revision Family — a. One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit, plus up to two (2) domestic servants; or b. Three (3) or fewer unrelated persons, including any domestic servants, living as a single housekeeping limit; or c. Two (2) unrelated persons, plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, plus up to two (2) domestic servants, living as a single housekeeping unit. The term family shall not be construed to mean a fraternity, sorority, club or institutional group. STAFF RECOMMENDATION Staff recommends approval of changing the zoning ordinance to limit the number of domestic servants that may live in a residential unit. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on the proposed change at their meeting of November 10, 2010. They recommended approval of the revisions to the ordinance with the vote count being 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS • BILL NO. 10-175, Ordinance amending zoning code • Planning and Zoning Action Form CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION ACTION Revision to the Zoning Ordinance Recommended Action: That the revision to the zoning ordinance in regards to domestic servants be recommended for approval. The vote count on the motion to approve was: Vote Count: Favor — 8 Oppose — 0 Abstain — 0 Date Recommendation Made: November 10, 2010 Comments: Ken Eftink informed the Commission that due to the domestic servant situation on Ashland Hills Drive, the City is recommending that the wording in the ordinance be changed to limit the number of domestic servants. Citizens commenting at meeting: None. Chairman— William T. Hinckley Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session REGULAR SESSION — NOVEMBER 15, 2010 The Cape Girardeau City Council convened in regular session on Monday, November 15, 2010, at 7:00 p.m., with Mayor Harry E. Rediger presiding and Council Members Mark Lanzotti, Meg Davis Proffer, Loretta Schneider; Kathy Swan, Debra Tracy and John Voss present. Prior to the regular session, the City Council convened in closed session for purposes of discussing confidential communications with the City Attorney and causes of action or litigation pursuant to RSMo. Section 610.021(1) upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. Father Patrick Nwokoyg presented the invocation, and the Pledge of Allegiancewas recited Mr. Lanzotti made a motion, seconded by Mrs. Swan to amend the Agenda as follows: (1) remove from the agenda Item No. 15, an Ordinance annexing land to the City of Cape Girardeau, upon the request of Lynwood Baptist Church; and (2) remove from the consent agenda Item No. 3, an Ordinance amending Chapter 6 of the Code of Ordinances relating to chickens and other animal regulations, and to adopt the amended Agenda. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. COMMUNICATIONS/REPORTS Mrs. Tracy reminded everyone of the Parks and Recreation Foundation's Spaghetti Day at the A.C. Brase Arena on Wednesday, November 17, 2010. City Manager Scott Meyer announced that the Common Pleas Courthouse was placed on the National Register of Historic Places. He also noted that the e -cycling program was off to a great start with over a ton collected in the first week. He then stated that City staff is working on the City's ISO ratings and beginning the process of adopting new building codes. Mrs. Gayle Conrad, City Clerk, discussed changing the dates of the 2011 January and February City Council meetings due to holidays. PUBLIC HEARINGS This being the date set for a public hearing to consider vacating the City's interest in an unused utility casement along 1533 Helmsdale Drive, in the City of Cape Girardeau, Missouri, the hearing was opened. There being no appearances, thehearing was closed. APPEARANCES Dr. Robert Sasha, an allergist and pharmacist at Premier Family Physicians, appeared before the Council regarding Agenda Item No. td, an Ordinance amending Chapter 17 of the City Code by adding a new Article XI entitled `Regulation of Methamphetamine Precursor Drugs". He advised the Council that it would be in Cape Girardeau's best interest to make pseudoephedrine medications available only with a prescription. It is a good medication, but with the large number of sales in the City, especially at Walgreens, it is apparent that people are coming from the surrounding area to purchase in Cape Girardeau. Other medications will work just as well. He stated that there is no question that the Council should approve the Ordinance requiring a prescription for the purchase of medications containing pseudoephedrine. In the past, other drugs Proceedings of the City Council, City of Cape Girardeau M _ Reonlar Session-Nnyemher 15, 2010 �u)lI J2•fI1T have moved from being over-the-counter to prescription medications, such as codeine and opium, and this is a similar issue Ms. Kim Price, representing the Consumer Healthcare Products Association (CHPA), addressed the Council in opposition to the proposed Ordinance requiring prescriptions for medications containing pseudoephedrine. She said that she represented State Director Mandy Hagan, and that Ms. Hagan would answer any questions posed by the Council. CHPA is a trade association representing the sale of over-the-counter products and opposes placing medications containing pseudoephedrine on prescription status. Missouri law mandates electronic tracking of pseudoephedrine sales and requires pharmacies to participate. Right now, only one-half of retailers are in this system, but it will soon be in place statavide. Mr. Nelson Sparks, of 301 South Lorimier Street, addressed the Council in support of the -Ordinance-amending-Chapter-6-of-the-Code-of-Ordinances,-relating-to-chickens and -nuisance --- animals. Ms. Victoria Thomas, of 213 South Lorimier Street, appeared in support of the Ordinance relating to chickens and nuisance animals. She said that she has been a neighbor of Mr. Sparks since 2005 and has seen no problems resulting from his chickens. Ms. Shelly Wood, of 1806 Recardo Drive, addressed the Council in support of the chickens and nuisance animals Ordinance. She said allowing chickens within City limits was common throughout Missouri, and it was beneficial for citizens. Mr. Gavin Thomas, of 213 South Lorimier Street, appeared in support of the Ordinance relating to chickens and nuisance animals. He said that he was a neighbor of Mr. Sparks and had never had any problems with his chickens ITEMS REMOVED FROM CONSENT AGENDA BILL NO. 10-139 was given second and third readingsas follows: AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF TFIE CITY OF CAPE GIRARDEAU RELATING TO CHICKENS AND OTHER ANIMAL REGULATIONS The second and third readings of BILL NO. 10-139 failed upon the following roll call vote: Lanzotti, aye; Proffer, nay; Rediger, nay; Schneider, nay; Swan, nay; Tracy, aye;Voss, aye. Mr. Lanzotti left the Council meeting at this time. CONSENT AGENDA A motion was made by Mrs. Schneider and seconded by Mrs. Swan to approve the following items on the Consent Agenda: Approval of the City Council November 1, 2010 regular session, and November 5, 2010, special session minutes. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 15, 2010 BILL NO. 10-148, AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 1629 AND 1631 KINGSWAY DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-1 TO C-2. Second and Third Readings. BILL NO. 10-149, AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 317, 319, 321, 325 AND 329 SOUTH ELLIS STREET, AND 814 MORGAN OAK STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, FROM R- 4 TO RUMD. Second and Third Readings. BILL NO. 10-152, AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 401, 409, 413, 419 AND 421 NORTH STREET, 323, 329 AND 333 NORTH FOUNTAIN STREET, AND 318, 326, 330, 332, AND 338 NORTH MIDDLE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-4 TO RUMD. Second and Third Readings. BILL NO. 10-158, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL SERVICES AGREEMENT WITI-I RJN GROUP, INC. TO PROVIDE ENGINEERING SERVICES TO THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and Passage. BILL NO. 10-159, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. I TO THE GENERAL SERVICES AGREEMENT WITH RJN GROUP, INC., TO PROVIDE ENGINEERING SERVICES FOR PHASE I INFLOW AND INFILTRATION INVESTIGATION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and Passage. BILL NO. 10-160, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 2 TO AMENDMENT NO. 2 TO THE GENERAL ENGINEERING SERVICES AGREEMENT WITH MORRIS AND MUNGER ENGINEERS, LLC, FOR THE BRECKENRIDGE BRANCH STABILIZATION PROJECT, INTHE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and Passage. BILL NO. 10-166, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, DIRECTING THE JACKSON/CAPE GIRARDEAU JOINT SUBDIVISION ADVISORY COMMITTEE TO REQUEST THE CAPE GIRARDEAU COUNTY COMMISSION TO TAKE ACTION TO ADOPT COUNTY SUBDIVISION AND STORMWATER REGULATIONS, PURSUANT TO THE PROVISIONS OF CHAPTER 64 OF THE REVISED STATUTES OF MISSOURI. Reading and Passage. BILL NO. 10-168, A RESOLUTION AMENDING AND RESTATING THE INVESTMENT POLICY OF "THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and Passage. A motion approving the improvement plans for the construction of streets, water main, sanitary sewers, and storm sewers to serve Baldwin Place Subdivision Phase I, contingent upon the approval of the Subdivision Proceedings of the City Council, City of Cape G Regular Session The motion was approved upon the following vote: Ayes, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. BILL NO. 10-148 is ORDINANCE NO. 4168; BILL NO. 10-149 is ORDINANCE NO. 4169; DILL NO. 10-152 is ORDINANCE NO. 4170; BILL NO. 10-158 is RESOLUTION NO. 2577; BILL NO. 10-159 is RESOLUTION NO. 2578; BILL NO. 10-160 is I RESOLUTION NO. 2579; BILL NO. 10-166 is RESOLUTION NO. 2580; and BILL NO. 10-168 is RESOLUTION NO. 2581. NEW ORDINANCES BILL NO. 10-106 was given first reading as follows AN ORDINANCE REPEALING SECTIONS OF CHAPTER 30, AND REPEALING AND ENACTING NEW SECTIONS OF CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING BILLBOARDS, SIGNS, FENCES, RETAINING WALLS, LANDSCAPING AND BUFFERYARDS A motion was made by Mrs. Schneider and seconded by Mrs. Tracy to approve the first reading of BILL NO. 10-106. A motion was made by Mr. Voss amend page 24, Section 25-603(c) of the Ordinance to strike the language after "responsibility" to end the sentence and replace it with "for building a fence within the utility easement." Mrs. Swan seconded the motion to amend. Mr. Voss stated that the intention of the amendment was to clarify that, while it is the responsibility of property owners when they construct in easements, the Ordinance should not give the utility company carte blanche to unduly remove private property. The language in the Ordinance is very broad. The amendment to BILL NO. 10-106 was approved upon the following vote: Ayes, Proffer, Rediger, Schneider, Swan, Tracy and Vas. Nays, none. Mrs. Swan asked about the procedure used when adopting new Ordinances or when significant revisions are made to existing Ordinances. She asked if the Council's decision can be reviewed after an agreed period of time. Mr. Meyer answered thatno formal procedure is noted in the City's Charter, but a review can be requested by the Council. Mrs. Swan said that the proposed landscaping and signage requirements could be problematic for some building development, and she wanted to ensure some measure is taken to review the Ordinance after some time, so the Council could see if further revisions need be made. Mr. Meyer replied that the Comprehensive Plan Committee has been working on the Development Code, and further review and revisions could affect other issuesthey have on development. Mr. Voss asked if City staff had reviewed the Cape Splash Family Aquatic Center sign. Mr. Eftink answered that staff had met with Parks Department employeesto ensure that the sign was in compliance. Ms. Martha Brown, Community Planner, stated that adjustments have been made to the electronic sign controls, and Inspections Services staff would be returning to review. Mr. Voss said he was concerned that City staff had said that the new Ordinance might affect necessary staff levels. He said lie doesn't feel the Council should adopt the Ordinance if it could affect staff levels. The first reading of BILL NO. 10-106 as amended was approved with the following roll call vote: Swan, aye; Tracy, aye; Voss, nay; Lanzotti, absent;Proffer, nay; Rediger, aye; and Schneider, aye. BILL NO. 10-145 was given first reading as follows Proceedings of the City Council, City of Cape Gi Regular Session November 15,_2010 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ADDING A NEW ARTICLE XI ENTITLED "REGULATION OF METHAMPHETAMINE PRECURSOR DRUGS" Mayor Rediger said that he appreciated Dr. Sasha's comments and the previous comments of Mrs. Swan. He said that the Council had discussed the issue at length, but with additional information received from the Missouri Highway Patrol during the study session, and with communities surrounding Cape Girardeau enacting similar Ordinances, he would be voting for the Ordinance requiring prescriptions for medications containing pseudoephedrine. Mrs. Tracy said that her concern was for the cost to people who need the medication. She said she had attended a session at the Missouri Municipal League conference that addressed this issue, and after seeing statistics about what was actually happening in our community and the factors driving the market, she had changed hermind. Mrs. Swan discussed the hazards associated with handling and managing methamphetamines manufactured from pseudoephedrine. She said meth use contributes to other crimes and has far- reaching ramifications for the area. Mr. Voss stated that he opposes the Ordinance. He said that statistics from law enforcement agencies did not add up. Mr. Jason Grollner, of the Franklin County Drug Task Force, had appeared at the study session and had said that most pseudoephedrine purchases were made for illegal activities. If social -conscious pharmacies reported that they were in support of the Ordinance, Mr. Voss asked why they did not just stop selling the medication. Ms. Price, who spoke on behalf of the Missouri Consumer Healthcare Products Association, had pointed out that the State was implementing a tracking program to track drug purchases made above the legal quantity, and that tracking program has not yet been given the opportunity to succeed. Requiring prescriptions would only transfer the burden of cost from those with illegal intent, to those who want the medications for a legal purpose. Mr. Voss said that he felt that this Ordinance could move the manufacture of methamphetamines from small "shake and bake" labs in cars to more organized crime that could move into the community to meet the demand. He said that the demand for methamphetamine is the issue and this Ordinance does not address that demand. The first reading of BILL NO. 10-145 was approved upon Mrs. Swan's motion, Mrs. Tracy's second, and the following roll call vote: Lanzotti, absent; Rediger, aye; Schneider, aye; Swan, aye; Tracy, aye; Voss, nay; and Proffer, nay. BILL NO. 10-165 was given first reading as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF FRULI LAND LIVESTOCK MARKET, INC. The first reading of BILL NO. 10-165 was approved upon Mrs. Schneider's motion, Mrs. Swan's second, and the of vote: Ayes, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. BILL NO. 10-167 was given first reading as follows: AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO INCLUDE PROPERTIES ANNEXED BY THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau Mo. _ Rrgular Session Nov mh .r 15, 201�IIpAn^ r Mayor Rediger stated that the corrected Ordinance has been distributed and is before the Council for approval. Mr. Meyer said that the correction to the Ordinance is due to the removal of the Lynwood Baptist annexation request. The first reading of BILL NO. 10-167 was approved upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. Mrs. Tracy asked when the Census 2010 information would be released. Mr. Meyer answered that that the City was receiving the results in pieces. Mr. Ken Eftink, Planning Services Director, stated that the full results of the Census will beprovided to the Council whenthey are available. BILL NO. 10-163 was given first reading as follows: AN ORDINANCE ACCEPTING A SANITARY SEWER EASEMENT ON THE CLIPPARD SCHOOL PROPERTY FROM DR. JAMES WELKER, SUPERINTENDENT OF CAPE GIRARDEAU PUBLIC SCHOOL DISTRICT NO. 63 The first reading of BILL NO. 10-163 was approved upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. BILL NO. 10-161 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO THE STATE OF MISSOURI RELEASING INTEREST IN AN EASEMENT ON THE VETERAN'S HOME PROPERTY The first reading of BILL NO. 10-161 was approved upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote: Ayes, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. BILL NO. 10-162 was given first reading as follows: AN ORDINANCE ACCEPTING A QUIT CLAIM DEED, TEMPORARY CONSTRUCTION EASEMENTS, AND A PERMANENT SLOPE EASEMENT FROM THE STATE OF MISSOURI FOR VETERAN'S MEMORIAL DRIVE ON THE VETERAN'S HOME PROPERTY The first reading of BILL NO. 10-162 was approved upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. OTHER BUSINESS There being no further business, the City Council adjourned into closed session for purposes of discussing legal actions, causes of action or litigation, and personnel pursuant to RSMo. Section 610.021(1) and (3) upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. Proceedings of the City Council, City of Cape Girard Rez lar Session November 15.2010 x173 Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session THIS PAGE INTENTIONALLY LEFT BLANK. Proceedings of the City Council, City of Cape Girar(I� Special Session November 24, 2010 ��} 77 11 SPECIAL SESSION — NOVEMBER 24, 2010 11 The Cape Girardeau City Council convened in special session on Wednesday, November 24, 2010, at 1:00 p.m., with Council Member Debra Tracy presiding and Council Members Mark Lanzotti, Meg Davis Proffer, Kathy Swan and John Voss present. Mayor Harry Rediger and Council Member Loretta Schneider were absent. The agenda was adopted as distributed upon Mr. Voss' motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Swan, Tracy and Voss. Nays, none. BILL NO. 10-170 was given first reading as follows: AN ORDINANCE APPROVING TI -IE RECORD PLAT OF THORNGATE SUBDIVISION Following discussion, the first reading of BILL NO. 10-170 was approved upon Mr. Lanzotti's motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Swan, Tracy and Voss. Nays, none. There being no further business, the meeting adjourned upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Lanzotti, Proffer, Swan, Tracy and Voss. Nays, none. Debra Tracy, Council Member Gayle L. Conrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session THIS PAGE INTENTIONALLY LEFT BLANK. Agenda: November 1, 2010 Staff: Ken Eftink, Assistant City Manager/ Director of Development Services Ordinance Adopting hive Sections of Chapter 25, Development Code: Billboards; Signs; Fences; Retaining Walls; and LandscapingBufferyards EXECUTIVE SUMMARY A public hearing was held on August 2, 2010 to gather comments on five sections of the Development Code: Signs, Billboards, Landscaping/Bufferyards, Retaining Walls and Fences. An Open House was held on August 30`h to gather comments on the proposed sections. Revisions were made based on comments from the Open House. Following the September Planning and Zoning Commission meeting, these five sections were sent back to the Development Code Committee. The Development Code Committee made some suggested revisions and forwarded to the Planning and Zoning Commission. The Planning and Zoning Commission recommended approval of these five sections with suggested revisions at their meeting on October 13, 2010. The attached Ordinance would adopt these sections in the Development Code. BACKGROUND/DISCUSSION The City's Comprehensive Plan, which was adopted in late 2007, recommended that the City undertake major revisions to its Zoning Ordinance and Subdivision Regulations. I he City has completed n major update of its Zoning Ordinance and map, which went into effect on March 12, 2010. The next step is the formulation of a Development Code which will contain standards for all new development within the City. The Development Code will include regulations for signs, billboards, parking, landscaping, fences, retaining walls, streets, sidewalks, access management, and subdivisions. The City of Cape Girardeau Planning and Zoning Commission is responsible for guiding the update process. The Planning and Zoning Commission set up the Development Code Committee to meet and work through drafts of these ordinances. Drafts of sections of the development code are reviewed by the Development Code Committee prior to public hearings before the Planning and Zoning Commission. Public Hearings were held by the Plamring and Zoning Commission in June and July to gather comments on these five sections of the Development Code. Substantial input regarding the sign and billboard sections were presented to the Planning and Zoning Commission. Revisions based on these comments were made to these sections. A Public Flearing was held on these five sections at the Council's August 2"d meeting. Based on discussions held at the August 2`1 meeting, a revision was made to the Article for Fences. Under Section 25-603, Gencral Standards, paragraph (c) was changed to read-. "Fences shall not be constructed within any utility easement, except as authorized by the City Manager." The City Manager, or his designee, could administratively review the individual situation, advise the property owner regarding the issues of placing a fence within an easement, and approve the location of a fence within the utility easement. The approval would require the owner to sign a wavier for any damage done by a utility company when working in the easement, as appropriate. Also, an open house was held on August 30`h to discuss these sections of the development code. This open house was a good opportunity to gather comments on these proposed regulations. Citizens, property owners, Planning and Zoning Commissioners, City Council members, and staff discussed various aspects of the proposed regulations. These five sections of the Development Code were referred back to the Development Code Committee so that revisions based on the discussion at the Open House could be incorporated in the proposed regulations. The Development Code Committee discussed revisions based on comments from the Open House. Following September's Planning and Zoning Commission meeting, several members of the Development Code Committee met with Tim Smith, Coast to Coast Sign Company to review the proposed sign regulations. Some revisions were made to the proposed Development Code section for signs. Additionally, Marla Mills and Steve Hoffman, from Old Town Cape, requested a change to the LandscapingBufferyards section Por the CBD (Central Business District) area. The following are the changes made to the Signs Section: (g) Electronic, Video, or Digital A4es.sage Signs (1) The maximum size of the electronic, video, or digital message portion of signs in the CBD, C-1, C-2, PD, M-1 or M-2 zoning districts shall not exceed fifty (50) square feet. (2) The maximum size of the electronic, video, or digital message portion of signs in the NC district or on the premise of any non-residential use in any residential district shall not exceed thirty-two (32) square feet. (3) Electronic, video, or digital message signs in an NC district or on the premise of any non-residential use in any residential district shall be turned off no later than 10 p.m. and not turned on before 7 a.m. (4) Flashing ofinessages or images is prohibited. (5) Animation, defined as the illusion of motion, is allowed unless the City Manager determines that the animation constitutes a distraction to traffic. Animation, or a sequence of animations shall not exceed eight (8) seconds in length, followed by a transition of a minimum of one and one-half (1.5) seconds or a blank (black) slide of 0.5 seconds. (6) Static messages or images shall remain constant for a minimum of one and one-half (1.5) seconds. (7) Scrolling messages are allowed, but shall not exceed eight (8) seconds in length. (8) A minimum of one and one-half (1.5) seconds of transition or a blank slide of a minimum of 0.5 seconds must appear after each eight (8) seconds of any type of animation, messages or images. Transitions may not involve flashing. (9) Movies or videos involving live actors or events are not allowed. (10) Automatic dimming capability that adjusts the brightness of the sign to the ambient light at all times of the day and night is required. The maximum illuminance produced by the sign shall not exceed 0.3 footcandles greater than the ambient light level. The following is the proposed change made to the Landscaping/Bufferyards section, as requested by Old Town Cape representatives: - See. 25-804. Parking Lot Landscaping Requirements. (a) All parking -lots located within twenty (20) feet of a street right-of-way shall have a ten (10) foot wide streetlandscapingstrip on private property separating parking areas from -abutting streetlights -of -way containing no less than four (4) of the categories of planting materials listed below. The street landscaping strip shall contain at least one tree per fifty (50) linear feet of street frontage. Such trees may be clustered or arranged within the area and need not be placed at even intervals. The street landscaping strip may contain driveways. In the Central Business District (CBD), this street landscaping strip shall be designed and constructed to create an edge along street rights-of-way that minimize the disruption of the urban environment created by the wide expanse of parking lots and vehicular use areas and shall be consistent with any adopted streetscape plans adopted for the area. The Planning and Zoning Commission recommended approval of these five sections with the proposed changes at their meeting on October 13, 2010. FINANCIAL IMPACT "he adoption of these new provisions will have sonic financial impact on the City with more plans to h -view, permits to issue, inspections to pertorm, patrolling for violations and citations to persons wo do work without a permit or work that is not in compliance with the approved plans. While no immediate changes are rccoill mendect, the impact will need to be evaluated as we initiate the enforceuient of the new codes- Sonic of this cost will be offset by preventing retaining walls and fences from being constructed over City utilities that drive up our cost to repair and maintain those services. SUSTAINABILITY: ECONOMIC. ENVIRONMENTAL AND SOCIAL IMPACTS The goal of the Development Code is to ensure quality development in the City of Cape Girardeau. S'CAFF RECOMMENDA'pION Staff recommends that the Council give first reading approval to the attached ordinance which would adopt five new Articles: Signs; Billboards; Landscaping/Buffcryards; Retaining Walls and Fences to Chapter 25, Developrncnt Cede, of the City Code. PUBLIC OUTREACH Stuff discussed the proposed sections of the Development Code relating to Signs, Billboards, Landscaping/13ufferyards, Retaining Walls and Fences with numerous members of the community including engineers, :architects, developers, and property owners. A Public Hearing was held before the City Council on August 2, 2010. There was also an Open House on August 30, 2010 to discuss these five sections. ATTACHMENTS • Fact Sheets: C) Sims o Billboards o Landscaping-Bufferyards o Retaining Walls o Fences • BILL NO. 10-106, Ordinance adopting code Vt OIRp�OC Y n �rssoua t"s ...g BE T Fact Sheet 1 WHAT IS A DEVELOPMENT CODE? A development code contains standards and regulations pertaining to new development and redevelopment within the City of Cape Girardeau. This includes regulations for subdivisions, parking, signs, landscaping and other issues associated with the development of property. Drafts of sections of the development code are re- viewed by the Development Code Committee of the Planning and Zoning Commission prior to public hearings before the Planning and Zoning Commission. SIGN ORDINANCE -.ectronic, video, and digital mes- signs. The primary revision ng suggested for the sign ordinance has to do with elec- tronic or digital signs, which have become very popular in recent years. The following standards are proposed for the electronic, video, or digital message portions of signs: Maximum size: 50 square feet in most commercial and manufacturing zoning dis- tricts; and 32 square feet in the Neighborhood Commer- cial zoning district and for a non-residential use in a resi- dential zoning district e Time ltmrtarion n rhe Neighborhood Commercial district and in residential districts, signs are not al- lowed to be turned on be- tween 10 p.m. and 7 a.m. Static images: static images must remain constant for a minimum of 1.5 seconds. Flashing of images or mes- sages is not allowed, but scrolling of messages for a maximum of 8 seconds is allowed. Animation: Limited anima- tion is allowed, but movies or videos involving live ac- tors or events is not permit- ted • Brightness: signs must have automatic dimming capabilities and adjust to ambient light conditions. PU[MC HEARING The illumination of signs is not allowed to exceed 0.3 footcandles greater than the ambient light. Temporary signs. Another revi- sion to the sign ordinance per- tains to temporary signs. The following addition to temporary signs is being proposed • Signs at allowed to be located on vehicles and trailers for commercial events, such as a grand opening of a business, for up to 7 days at a time and no more than 30 days in a calendar year. This includes electronic, video, digital or scrolling message signs, as long as they meet the stan- dards for those types of signs. Public hearings have been held on the proposed revisions by both the Planning and Zoning Commission and the City Council. 1 full copy of the proposed Sign Ordinance is available for viewing on the City website: ww.cityofcapegirardeau.org. You can also call the Planning Services Division at 339-6326 for additional information. YOUR LINK TO UP-TO-DATE INFORMATION ON THE CITY OF CAPE GIRARDEAU sem..... � Fact Sheet 2 WHAT IS A DEVELOPMENT CODE? A development code contains standards and regulations pertaining to new development and redevelopment within the City of Cape Girardeau. This includes regulations for subdivisions, parking, signs, landscaping and other issues associated with the development of property. Drafts of sections of the development code are re- viewed by the Development Code Committee of the Planning and Zoning Commission prior to public hearings before the Planning and Zoning Commission. BILLBOARDS Only minor revisions are being proposed for the billboard regulations, including: • Brightness: a limitation on the maximum brightness of billboards • Timing: only static images, not moving pictures, are currently permitted on billboards. A provision that the static images be shown for a minimum of 8 sec- onds is being proposed, which is consistent with state regulations. • Audio: audio speakers are not allowed in association with billboards PUBLIC HEARING Public hearings have been held on this proposed revision by both the Planning and Zoning Commission and the City Council. A full copy of the proposed Billboard Ordinance is available for viewing on the City website: wwwcityofcapegirardeau.org. You can also call the Planning Services Division at 339-6326 for additional information. YOUR LINK TO UP-TO-DATE INFORMATION ON THE CITY OF CAPE GIRARDEAU Fact Sheet 7 WHAT IS A DEVELOPMENT CODE? A development code contains standards and regulations pertaining to new development and redevelopment within the City of Cape Girardeau. This includes regulations for subdivisions, parking, signs, landscaping and other issues associated with the development of property. Drafts of sections of the development code are re- viewed by the Development Code Committee of the Planning and Zoning Commission prior to public hearings before the Planning and Zoning Commission. LANDSC APINGIBUI-I=ERYARDS _ City of Cape Girardeau does not currently have standards for land- scaping and bufferyards. The adop- tion of these standards is being con- sidered to provide landscaped areas along streets and in parking lots. Additionally, bufferyards are pro- posed between different land uses in order to protect neighboring proper- ties, such as residential uses from commercial uses. The proposed standards include: A minimum of fifteen j 15) per- cent of land areas being devel- oped shall be landscaped. Util- ity easements shall not be used to fulfill the landscaping re- quircments without written consent. All parking lots located within twenty (20) feet of a street shall have a ten 10) foot wide land- scaping strip with certain plant- ing requirements. Large parking lots shall be sepa- rated by a ten ( 10) foot wide landscaped strip with planting requirements between parking areas of more than 150 spaces. • Bufferyards, as required in the Zoning Ordinance, shall be twenty (20) feet wide and plant - PUBLIC HEARING ings shall achieve eighty (80) percent opacity within four �4) years. Required plantings for buffer - yards increase as the difference in types of [arid uses increases. For example, more plantings ate required between industrial uses and residential uses than between higher density residen- tial uses and lower density resi- dential uses. Public hearings have been field on the proposed revisions by both the Planning and Zoning Commission and the City Council. A full copy of the proposed landscaping/bufferyards regulations is available for viewing nn the City website: www.cityofcapegirardeau.org. You can also call the Planning Nices Division at 339-6326 for additional information. YOUR LINK TO UP-TO-DATE INFORMATION ON THE CITY OF CAPE GIRARDEAU Fact Sheet 6 WHAT IS A DEVELOPMENT CODE? A development code contains standards and regulations pertaining to new development and redevelopment within the City of Cape Girardeau. This includes regulations for subdivisions, parking, signs, landscaping and other issues associated with the development of property. Drafts of sections of the development code are re- viewed by the Development Code Committee of the Planning and Zoning Commission prior to public hearings before the Planning and Zoning Commission. RrTAINING WALLS The City of Cape Girardeau does not currently have standards for retain- ing walls. The adoption of standards is being considered primarily to en- sure that retaining walls are properly engineered in order to protect the public safety. The proposed regula- tions apply to any retaining wall over four )4) feet in height The proposed standards include: • A permit must be obtained prior to the construction of any re- taining wall over four (4) feet in height which is not being con- structed as part of a primary structure, such as a house. • Retaining walls must be located on private property. Property owners are responsible for mak- ing sure retaining walls are Io- cited on their property. • Retaining walls over thirty )30) inches tall shall not be located within twenty-five (25) feet of the intersection of two (2) streets. • Retaining walls shall not restrict access to utilities or impede the normal flow of storm water. • An engineers certificate shall be required in certain circum- stances. PUBLIC HEARING Public hearings have been held on the proposed revisions by both the Planning and Zoning Commission and the City Council. A full copy of the proposed retaining walls standards is available for viewing on the City website: www.cryofcapegirardcau.org. You can also call the Planning Services Division at 339-6326 for additional infor- mation. it YOUR LINK TO UP-TO-DATE INFORMATION ON THE CITY OF CAPE GIRARDEAU " NIMERM SIR Fact sheet 5 WHAT IS A DEVELOPMENT CODE? A development code contains standards and regulations pertaining to new development and redevelopment within the City of Cape Girardeau. This includes regulations for subdivisions, parking, signs, landscaping and other issues associated with the development of property. Drafts of sections of the development code are re- viewed by the Development Code Committee of the Planning and Zoning Commission prior to public hearings before the Planning and Zoning Commission. City currently has regulations governing fences which limit the height and type of fences. The pro- posed regulations add a rcquire- ment for property owners or con- tractors to obtain a permit prior to the installation of fences over thirty- six 1361 inches in height. If more than 30% of a fence needs to be replaced, a permit is required. The proposed regulations include: • A maximum fence height of three (3) feet in front yards and six (b( feet in side and rear yards in residential zoning districts • A requirement for a four (4) foot high fence around ,,,irnm;., pools. 1.LNCES • A maximum fence height of eight (8) feet for commercial uses. • Fences cannot be Constructed within thirty (30i feet of the intersection of two q streets. • Fences cannot be constructed within any utility easement without authorization by staff. • Fences must be constructed entirely on the property of the property owner constructing the fence. The property owner constructing the fence is re- sponsible for locating property lines. • Fences shall not be constructed PUBLIC HEARING within any utility easement, except as authorized by the City Manager after the property owner signs a waiver accepting the responsibility for any dam- age done to the fence by any utility company working in the casement. Public hearings have been held on the proposed revisions by both the Planning and Zoning Commission and the City Council. full copy of the proposed fence regulations is available for viewing on the City website: vw.cityofcapcgirardeau.org. You can also call the Planning Services Division at 339-6326 for additional infor- iation. BILL NO. 10-106 ORDINANCE NO. AN ORDINANCE REPEALING SECTIONS OF CHAPTER 30 AND REPEALING AND ENACTING NEW SECTIONS OF CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING DEVELOPMENT REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. Section 30-502 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Billboards"197 e° eE' �'_ and a new Article to Chapter 25 entitled "Article IV. Billboards" is hereby enacted in lieu thereof, in words and figures, to read as follows: ARTICLE IV. Billboards Sec. 25-401. Billboards. Billboards shall be erected only upon approval of a special use permit, as set out in Chapter 30, Section 30- 401. In addition to the requirements of section 30-401, the following regulations apply to the erection of billboards: (a) Billboards shall be allowed only in the C2, PD, M1 and M2 zoning districts (b) Billboards shall be allowed only on parcels of land bordering the following streets: (1) Interstate 55 (2) William Street (Route K) - West of Kingshighway (3) Missouri Route 74 - Wiest of Kingshighway (4) Kingshighway from Boulder Crest Drive south to Interstate 55 (c) No billboard shall be placed within fourteen hundred (1,400) feet of another billboard. This paragraph shall not apply to billboards which are located on opposite sides of the street to which the billboard is oriented (d) No billboard shall be placed within thirty (30) feet of a street richt-of-way (e) No billboard shall be placed within one hundred (100) feet of a property line of a property which is used for residential purposes (f) For purposes of placing billboards, a V-shaped 1 billboard or a back-to-back type of billboard shall be considered one (1) billboard. Sign faces of less than one hundred and fifty (150) square feet may be placed between billboard faces at the apex of the "V" or across the rear of the "V," but no such sign shall be oriented toward a street upon which billboards are not allowed. The angle of all sign faces shall be oriented so that they are between seventy five (75) degrees and ninety (90) degrees to the street on which the billboard is permitted. (g) No billboard shall be located in such a manner as to obscure an official traffic sign, signal or device, or obstruct a driver's view of approaching or intersection traffic. (h) The maximum area of a billboard sign face shall be three hundred (300) square feet. The maximum length of a billboard sign face shall be thirty (30) feet. The maximum total sign face area of a billboard shall be six hundred (600) square feet. (i) There shall be a minimum clearance of ten (10) feet from grade of the street to which the billboard is oriented to the bottom of a billboard sign face. There shall be a maximum height of thirty (30) feet from grade of the street to which the billboard is oriented to the top of a billboard sign face. (j) Audio speakers are prohibited in association with any billboard. (',r) Electronic, video or digital billboard images or any portion thereof shall have a minimum duration of at least eight seconds and shall be a static display. No portion of the image may flash, scroll, twirl, change color., or in any manner imitate movement. (1) Billboards may be illuminated, subject to the following instructions: (1) No revolving or rotating beam or beacon of light shall be permitted as part of any billboard. Flashing devices shall not be permitted upon a billboard. However, changeable copy signs, such as those used for time and temperature displays, shall be permitted, but shall not be permitted to operate in a flashing or scrolling manner. (2) External lighting, such as flood lights, thin line and gooseneck reflectors, are permitted, provided the light source is directed on the face of the billboard and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of the street. 7 (3) The illumination of any billboard within one hundred (100) feet of a property line which is used for residential purposes shall be diffused or indirect in design to prevent direct rays of light from shining into adjoining residential districts. (4) Electronic, video or digital billboard images shall be equipped with automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night. The maximum luminance produced by electronic, video or digital billboard images shall not exceed 0.3 foot-candles greater than the ambient light level. (m) The following billboards shall not be permitted to remain or to be erected: (1) Billboards which have been erected without a building permit. (2) Billboards that employ any stereopticon or motion picture projection, or any portion of which gives the illumination of motion. This includes any electronic graphic signs or video displays, but does not include signs that contain changeable copy, such as time and temperature. (3) Billboards which are not clean, not in good repair, not structurally sound, or obsolete (billboards shall not be considered obsolete solely because they temporarily do not carry an advertising message). (4) Billboards which appear to attempt to .regulate, warn, or direct the movement of traffic or which interfere with, imitate, or resemble any official traffic sign, signal or device. (5) Billboards which are erected or maintained upon trees or painted or drawn upon rocks or other natural features. (6) Billboards which are nonconforming and damaged or destroyed to an extent of more than sixty (60) percent of the replacement cost. 7) Billboards that prevent ingress or egress from anv doors, windows, or fire escapes. (8) Billboards that are attached to a standpipe or fire escape. Article 2. Chapter 30, Article V, Section 30-503, entitled "Sign Osage" of the Code of Ordinances of the City of Cape Girardeau, Missouri is h'eebrepeatedinis e'ntlzetg, and a new 3 Article to Chapter 25 entitled "Article V - Signs" is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 25-501 ARTICLE V Purpose. The purpose of this section i orderly development of th regulation of signs and sign Sec. 25-502. Definitions. Signs s to protect the safety and e community through the structures. The following works and terms shall, for the purposes of this section. have the meaninas shown herein. (a) Abandoned Sign - Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one (1) year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period o[ one (1) year or more. Any sign remaining one (1) year after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a special use permit or a variance shall also be considered as an abandoned sign. (b) A -frame sign - A portable sign where the two (2) sign faces are attached at the top in a hinged fashion to allow the bottom portion of the two (2) faces to spread apart and rest on the ground to support the sign. (c) Architectural Projection - Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein. (d) Awning sign - A sign displayed on or attached flat against an architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or 4 retractable, including such structures that are internally illuminated by fluorescent or other li-ght sources. (e) Banner Sign - A sign utilizing a flexible material on which copy or graphics are displayed. (f) Billboard - See Article IV. (g) Building Elevation - 'I'he entire side of a building, from ground level to the roofline, as viewed perpendicular to the walls on that side of the building. (h) Canopy Sign - A sign affixed to the visible surface(s) of a multisided overhead structure or architectural projection supported by columns but not enclosed by walls. (i) Copy - Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only. (j) Development Complex Sign - A freestanding sign identifying a multiple -occupancy development, which is controlled by a single owner or landlord, approved in accordance with Section 25-506(i) of this chapter. (k) Directional Sign - Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic. (1) Electronic, video, or digital message sign. A sign capa'ole of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. These signs include, but are not limited to, displays using incandescent lamps, light emitting diodes (LEDs), or liquid crystal displays (LCDs). (m) Double-faced sign. A sign with two faces, back to back. (n) Facade - See "Building elevation." (o) Freestanding sign - A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported I y one or more cn_iumns, poles or braces n aced in r - or upon the ground. (p) Frontage (Building) - The length of an exterior building wall or structure of a single premise oriented to the public way or other propert:Les that it faces. (q) Frontage (Property) - The length of the property line(s) of any single premise along either a public way or other properties on which it borders. 5 (r) Garage sale - Any sale conducted where used or unwanted household items are offered for sale, usually held in the garage, carport or driveway of the seller's home. Also commonly referred to as "yard sales". (s) Interior sign - Any sign placed within a building, including in a window. Interior signs are not regulated by this chapter. (t) Menu board - A freestanding sign oriented to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window, and which has no more than 20 percent of the total area for such a sign utilized for business identification, and which is not regulated by this chapter. (u) Monument sign - A freestanding sign that is above ground level and is anchored to the ground by a solid base, with no open space between the sign and the ground. Such signs may be two-sided, provided that both sides cannot be seen simultaneously from any point. (v) Off -premises sign - See "outdoor advertising sign." (w) Off-site directional sign - A sign structure which provides directional assistance to access non- residential uses conveniently and safely. Such signs shall be limited in area, size, number, height, and placement as identified in Section 25- 506(i)(2). (x) On -premises sign - A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed. (y) Outdoor advertising sign - A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which -it-is displayed. (z) Portable sign - Any sign not embedded in the ground or permanently affixed to a building or sign structure that is permanently embedded in the ground. Portable signs are considered to be temporary signs. (aa) Projecting sign - A sign other than a wall sign that is attached to or projects more than eighteen (18) inches from a building face or wall or from a structure whose primary purpose is other than the support of a sign. 6 (bb) Real estate sign - A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located. (cc) Roof line - The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet. (dd) Roof sign - A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs. (ee) Sign - Any device visible from a public place that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations. Noncommercial flags or any flags displayed from flagpoles or staffs will not be considered to be signs. (ff) Sign area - The area of the sign face. The area of any double -sided or "V" shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple -sided signs shall be computed as 50 percent of the sum of the area of all faces of the sign. (gg) Sign Face - The surface upon, against or through which the sign copy As displayed or illustrated, not including structural supports or architectural features of a building or sign structure. (hh) Temporary Sign - A sign intended to display messages of a transitory or temporary nature. (ii) V -.shape sign - Signs containing cwo faces of approximately equal size, erected upon common or separate structures, positioned in a "V" shape .aith an interior angle between faces of not more than 90 degrees with the distance between the sign faces not exceeding five (5) feet at their closest point. i-iil Wa1.l or. fascia Sion - A sion that is in inv manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall. Sec. 25-503. General Sign Types. Sign types and the computation of sign area shall be as depicted in Figures 1 through 2. 7 Figure 1 — General Sign Types LA SIGN A -Frame Sign Development Complex Sign Pols Si9rrz Free standing sign (Pole Style) Wall Sign r.. Awning Sign Electronic, Video or Digital Message Sign Portable Sign Portable Sign Canopy Sign Sign Free standing sign (Monument Style) Projecting Sign Fiqure 2 - Height and area computation methodolo Width k-� or a Width A q Width Otltl I Shape _ 5 Sign Area Measurement = i Width x Hei ht <---------------• Sig" Width •-- --- ---------- Width - - - --------- s; Odd Shape m• _ c- Pole E SZgrre m� E Width A q Width Otltl I Shape _ 5 Sign Area Measurement = i Width x Hei ht <---------------• Sig" Width •-- --- ---------- Width - - - --------- s; Odd Shape m• _ c- Sec. 25-504. General Provisions. (a) Conformance of Codes. Any sign hereafter erected shall conform to the provisions of this ordinance and the provisions of the International Building Code and of any other ordinance or regulations within this city (b) Signs in rights-of-way. No sign other than an official traffic sign shall be placed within any public right-of-way, unless specifically authorized by other ordinances or regulations of the city. Signs placed in the right-of-way shall be subject to removal. (c) Projections over public ways. Signs projecting over public walkways shall be permitted to do so only subject to the projection and clearance limits either defined herein or, if not so defined, at a minimum height of 10 feet from grade level to the bottom of the sign. Signs, architectural projections or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the city for such structures. (d) Traffic visibility. No sign or sign structure shall be erected within thirty (30) feet of the paved portion of the intersection of any street or in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device. (e) On -Premises. Signs that advertise goods or services not located on the same premise as the sign are not allowed, except as authorized elsewhere in this Article. (f) Computation of frontage. If a premises contains walls facing more than one property line or encompasses property frontage bounded by more than one street or other property usages, the sign area(s) for each building wall or property frontage will be computed separately for each building wall or property line facing a different frontage. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed on each separate wall or property line frontage. (g) Maintenance, repair and removal. Every sign permitted by this ordinance shall be kept in good condition and repair. When any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the code official, or if any sign 10 shall be unlawfully installed, erected or maintained in violation of any of the provisions of this ordinance, the owner thereof or the person or firm using same shall, upon written notice by the code official forthwith in the case of immediate danger, and in any other case within not more than ten (10) days, make such sign conform to the provisions of this ordinance, or shall remove it. If within ten (10) days the order is not complied with, the code official shall be permitted to remove or cause such sign to be removed at the expense of the owner and/or the user of the sign. (h) Obsolete sign copy. Any sign copy that no longer advertises or identifies a commercial use conducted on the property on which said sign is erected must have the sign copy covered or removed within 30 days after written notification from the code official; and upon failure to comply with such notice, the code official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located (i) Abandoned sign. Any sign structure that has no message or no sign face for a continuous period of one (1) year or more, or for which has advertisement that no longer applies shall be considered an abandoned sign. The sign shall be removed within thirty (30) days after written notification from the code official; and upon failure to comply with such notice, the code official. is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located. (j) Placement. If any sign is found to be in violation of any provision of this Section and the identity of the individual placing the sign at that location cannot be determined, the owner of the business or property that is advertised on the sign shall be held prima acie responsible for such olation. (k) Non com-"orming signs. Any permanent sign legally existing at the time of the passage of this ordinance that does not conform in location, height or size with the regulations of the zone in which such sign is located, shall be considered a legal nonconforming use or structure and shall be perm a ted to continue in such status until such time as it is either, abandoned or removed by its owner, subject to the following limitations: 11 (1) Structural alterations, enlargement or re - erection are permissible only where such alterations will not increase the degree of nonconformity of the signs. (2) Any legal nonconforming sign shall be removed or rebuilt without increasing the existing height or area if it is damaged, or removed if allowed to deteriorate to the extent that the cost of repair or restoration exceeds fifty (50) percent of the replacement cost of the sign as determined by the code official. Sec. 25-505. Permits Required. Unless specifically exempted, a permit must be obtained from the code official for the erection and maintenance of all signs erected or maintained within this city. Exemptions from the necessity of securing a permit, however, shall not be construed to relieve the owner of the sign involved from responsibility for its erection and maintenance in a safe manner and in a manner in accordance with all the other provisions of this ordinance. (a) Construction documents. Before any permit is granted for the erection of a sign or sign structure requiring such permit, construction documents shall be filed with the code official showing the dimensions, materials and required details of construction, including loads, stresses, anchorage and any other pertinent data. The permit application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign is to be erected and by engineering calculations signed and sealed by a registered design professional where required by the International Building Code. (b) Changes to signs. No sign shall be structurally altered, enlarged or relocated except in conformity to the provisions herein, nor until a proper permit, if required, has been secured. The changing or maintenance of moveable parts or components of an approved sign that is designed cor such changes, or the changing of copy, business names, lettering, sign faces, colors, display and/or graphic matter, or the content of any sign shall not be deemed a structural alteration. (c) Permit Fees. Permit fees to erect, alter or relocate a sign shall be in accordance with the fee schedule adopted within this city. 12 Sec. 25-506. Specific sign requirements. (a) Wall signs. Every multi -family residential complex, commercial or manufacturing building, and every separate nonresidential building in a residential zone may display wall signs per street frontage subject to the limiting standards set forth in Table 1. For shopping centers or other multiple occupancy nonresidential buildings, the building face or wall shall be calculated separately for each separate occupancy, but in no event will the allowed area for any separate occupancy be less than fifty (50) square feet. b: 8 � #.} L. �' 3. ' t �A ";,N .„Y TN-•"�a'4���,: eQ 9, 1 ,' � i YEN M Multi-famil Residential 5 (name late onlNonresidential 73per in a Residential Zone ineal foot of building or tenant space Commercial and Manufacturing fromin; strcct (b) Freestanding signs. In addition to any allowable wall signs, every single-family residential subdivision, multifamily residential complex, commercial or manufacturing building, and every separate nonresidential building in a residential zone shall be permitted to d.i.splay freestanding signs per street frontage subject to the limiting standards set forth in Table 2. (I For subdivision, mobile home park or apartment identification signs placed on a decorative entry wall approved by the code official, Lwo identification signs shall be permitted to be placed at each entrance to the subdivision or apartment complex, one on each side of the driveway or entry drive. (2) Bed and breakfast inns or hostels are allowed one freestanding yard sign nor_ greater than 12 square feet and displaying only the name of the facility. 13 Y zr M���`„� AB w. w' LAN wax �IlEiC,, �'n RE, R-1, R-2, R-3, R-4, 2 per Arterial Street 5 40 R-5 & RMF( Districts Entrance I Monument type sign NC, Non-residential uses per Street Front- l square foot per 1 LF in residential zones, AG, constructed with same 12 frontage up to 120 square AG -I building material as main feet bit Idingo C-1, C-2, CBD, PD, I square foot per 1 M-1, and M-2 (except in 1 per Street Front 35 frontage- up to I50 0 locations identified square feet below) C-1, C-2, CBD, PD, M-1 and M-2 - located on 1.5 square feet per I LF Kingshighway, Southern I per Street Front 40 frontage -up to 150 Expressway and MO square feet Route 74 (Shawnee Parkway) C_ 1, C-2, PD, M-1 and 2.5 square feet per 1 LF M-2 - located on l per Street Front 60 frontage up to 150 square Interstate 55 feet A-1 District (Airport) As Approved by Airport Manager. (c) Canopy and marquee signs. (1) The permanently -affixed copy area of canopy or marquee signs shall not exceed an area equal to 25 percent of the face area of the canopy, marquee or architectural projection upon which such sign is affixed or applied. (2) Graphic striping, patterns or color bands on the face of a building, canopy, marquee or architectural projection shall not be included in the computation of sign copy area. (d) Awning signs. 1) The copy area of caning signs shall not exceed an area equal to 25 percent of the background area of the awning or awning surface to which such a sign is affixed or applied, or the permitted area for wall or fascia signs, whichever is less. (2) Neither the background color of an awning, nor any graphic treatment or embellishment thereto such as striping, patterns or valances, shall be included in the computation of sign copy area. 14 (e) Projecting signs. (1) Projecting signs shall be permitted in lieu of freestanding signage on any street frontage. Projecting signs shall be limited to one sign per occupancy along any street frontage with public entrance to such an occupancy, and shall be further limited in height and area to three (3) square feet per each one (1) lineal foot of building frontage, except that no such sign shall exceed an area of 150 square feet. (2) No such sign shall extend vertically above the highest point of the building facade upon which it is mounted by more than three (3) feet. (3) Such signs shall not extend over a public sidewalk in excess of fifty (50) percent of the width of the sidewalk. (4) Such signs shall maintain a clear vertical distance above any public sidewalk a minimum of ten (10) feet. (f) Roof signs. (1) Roof signs shall be permitted in commercial, planned development, and manufacturing districts only. (2) Such signs shall not extend above the roofline. (3) The sign area for roof signs shall be assessed against the maximum permitted area for wall signs on the elevation of the building most closely parallel to the face of the sign. (g) Electronic, Video, or Digital Message Signs (1) The maximum size of the electronic, video, or digital message portion of signs in the CBD, C-1, C-2, PD, M-1 or M-2 zoning districts shall not exceed fifty (50) square feet. (2) The maximum size of the electronic, video, or digital message portion of signs in the NC district or on the premise of any non- residential use in any residential district shall not exceed thirty-two (32) square feet. (3) F,iectronic, video, or digital message sighs in an NC district or on the premise of any non- residential use in any residential district shall be turned off no late. than 10 p.m. and not turned on before 7 a.m. (4) Flashing of messages or images is prohibited. (5) Animation, defined as the illusion of motion, is allowed unless the City Manager determines that the animation constitutes a distraction to traffic. Animation, or a sequence of 1.5 animations shall not exceed eight (8) seconds in length, followed by a transition of a minimum of one and one-half (1.5) seconds or a blank (black) slide of 0.5 seconds. (6) Static messages or images shall remain constant for a minimum of one and one-half (1.5) seconds. (7) Scrolling messages are allowed, but shall not exceed eight (8) seconds in length. (8) A minimum of one and one-half (1.5) seconds of transition or a blank slide of a minimum of 0.5 seconds must appear after each eight (8) seconds of any type of animation, messages or images. Transitions may not involve flashing. (9) movies or videos involving live actors or events are not allowed. (10) Automatic dimming capability that adjusts the brightness of the sign to the ambient light at all times of the day and night is required. The maximum illuminance produced by the sign shall not exceed 0.3 footcandles greater than the ambient light level. (h) A -frame signs. A -frame signs are allowed in all commercial, planned development, and manufacturing districts, based on the following criteria: (1) Such signs are limited to eight (8) square feet per sion face with not more than two (2) sign, faces. (2) The overall size of the sign shall not exceed thirty (30) inches in width and forty-eight (48) inches in height. (3) Such signs may not be internally :illuminated. (4) Such signs may be placed only on the sidewalk in front of the place of business it advertises and must allow a three-foot wide space on the sidewalk for pedestrians to pass. (5) Such signs shall_ be removed from the sidewalk and placed inside the business at the close of each business day and/or whenever the business ceases to be open. (6) Such signs shall be secured in a fashion to prevent them from blowing over or falling over. (i) Signs for development complexes. (1) Master sign plan required. A1.1 landlord or single -owner controlled multiple -occupancy developments on parcels exceeding three (3) acres in size shall submit to the code official a master sign plan prior to issuance 16 of new sign permits. The master sign plan, as approved by the code official, shall establish standards and criteria for all signs in the complex that require permits, and shall address, at a minimum, the following: a. Proposed sign locations. b. Materials. C. Type of illumination. d. Design of freestanding sign structures. e. Size. f. Quantity. g. Uniform standards for non -business signage, including directional and informational signs. h. Letter of approval from land owner or agent to be submitted with permit application. i. All applications for sign permits for signage within a multiple -occupancy development complex shall comply with the master sign plan. (2) Amendments. Any amendments to a master sign plan must be approved by the code official and signed by the owner(s) within the development complex before such amendment will become effective. (j) Directional signs. (1) On -Premises signs. No more than two (2) on - premises directional signs shall be permitted at each public street entrance onto any property in a commercial, planned development, or manufacturing district. There shall be no limit to the number of directional. signs providing directional information interi.or to a lot. The maximum area for any directional sign visible from adjacent property or rights- of-wav shall be six (6) square feet. Not more than twenty-five (25) percent of the area of any directional sign shall be permitted to be devoted to business identification or logo. (2) Of.fem.ises signs. Signs directing the public to locations of businesses or Fa shall be allowed adjacent to arterial and collector streets as i.dentified on the Major Street Plan, at the intersection with the public streets leading to the business or facility. All off -premises directional signs shall be subject to the following limitations: 17 a. The sign area shall not exceed six (6) square feet in area. b. The sign shall be placed not less than seven (7) feet above the surface of the ground and shall not exceed ten (10) feet in height above the ground surface. C. The sign shall contain the name of the facility, distance, logo and directional arrow only. d. A sign must be located completely on private property. e. A business or facility must be located within the corporate limits, and shall be allowed no more than two (2) such signs. f. No sign may be located within fifty (50) feet of another sign except when mounted on a common post. g. Signs which are no longer applicable because of name changes, relocations, going out of business, or other reasons shall be removed immediately. h. The square foot area of an off -premises directional sign shall not be counted toward the total allowable signage for the lot on which it is located. (k) Temporary signs (1) Real estate signs. Real estate signs shall be permitted in all zoning districts, subject to the following limitations: a. Real estate signs advertising the sale of a single residential lot may be placed on that lot without limitation on the number or size of such signs. b. Real estate signs advertising the sale of lots located within a subdivision shall be limited to one (1) sign per entrance to the subdivision, and each sign shall be no greater than thirty-two (32) square feet in area nor six (6) feet in height. All signs permitted under this section shall be removed within ten (10) days after sale of the last original lot. C. Real estate signs advertising the sale or lease of space within commercial or manufacturing buildings or vacant land shall be no greater than thirty-two (32) square feet in area nor six (6) feet in height, and shall be limited to one sign per street front. 18 d. Real estate signs shall be removed not later than 30 days after execution of a lease agreement in the event of a lease, or the closing of the sale in the event of a purchase. e. Real estate directional signs directing the public to a property which is for sale shall be allowed, but only on private property with the permission of the property owner. f. In addition to the real estate sign permitted under subsection a. hereinabove, a banner or other type sign may also be posted on the property to advertise an open house for that residential lot. This open house sign may be placed not sooner than forty-eight (48) hours before the open house and must be removed not later than the end of the day on which the open house is held. In no event, however, shall such sign be posted for more than three (3) consecutive days. (2) Development and construcLion signs. Signs temporarily erected during construction to inform the public of the developer, contractors, architects, engineers, the nature of the project or ant:Lcipated com_oietion dates, shall be permitted is all zoning districts, subject Co the following additional limitations: a. Such signs on a single residential lot shall be limited to one sign, riot greater than three (3) feet in height and ten (10) scuare feet in area. b. Such signs shall be limited to one sign, at each entrance to the development or on one of the lots to be built upon, and shall be no greater than six (6) feet in height and thirty-two (32) square feet in area. C. Such signs for nonresidential uses in residential districts shall be :Limiced to one sign, and shall be oo greater, than three (3) feet in height and ten (10) square feet in area. d. Such signs for commercial, planned development, or manufacturing projects shall be limited to one sign per street front, not to exceed ten (10) feet in 1.9 height and thirty-two (32) square feet in total area for projects on parcels five (5) acres or less in size, and not to exceed ten (10) feet in height and sixty- four (64) square feet in total area for projects on parcels larger than five (5) acres. e. Development and construction signs may not be displayed until after the issuance of building permits by the building official, and must be removed at the expiration of the permit or not later than 30 days following issuance of an occupancy permit, whichever is earlier. (3) Special promotions and events. In addition to other signs allowed by this code, signs temporarily displayed to advertise special promotions and events shall be permitted subject to the following limitations: a. For non-profit organizations, the following signs shall be permitted: (i) On -premises. One (1) on -premises sign, which may be a banner sign, shall be permitted per street front of the non-profit organization sponsoring the event. Such signs shall not contain commercial advertising, be animated or flashing and shall not exceed three (3) feet in height and a total area of thirty (30) square feet. Such signs shall be erected not more than thirty (30) days prior to the event and shall be removed not more than one (1) day after the event. (ii) Off -premises. Off -premises signs promoting a special event for a non- profit organization shall be permitted in all zoning districts. No more than one (1) such sign shall be displayed on any property, not exceeding three (3) feet in height and a total area of ten (10) square feet. Such signs shall not be animated, flashing or contain commercial advertising. Banner signs shall not be permitted. Such signs shall be erected not more than thirty (30) days prior to the event 20 and shall be removed not more than one (1) day after the event. b. F'or commercial events or promotions, Signs shall be permitted only in commercial, planned development, and manufacturing zoning districts, with the following restrictions: (i) Not more than one (1) such sign shall be displayed on any property, not exceeding five (5) feet in height and a total area of thirty- two (32) square feet. (ii) Electronic, video, or digital message signs shall be allowed if they meet the standards set out in Section 25-506 Specific Sign Requirements paragraphs (g) (5) through (11). (iii) One banner sign is permitted if it is securely attached to an exterior wall or support structure of the business the sign pertains to, is in good repair and well maintained; and does not block public access. (iv) Such signs may be displayed for not more than thirty (30) consecutive days in any three-month period, and notmore char sixty (60) days in any calendar year. The signs shall be erected not more than five (5) days prior to the event, and .shall be removed not more than one (1) day after the event. No animated or flashing signs shall be permitted. (v) if signs are located on vehicles or trailers, such signs shall be displayed for not more than seven (7) consecutive days at any one time and not more than thirty (30) days in a calendar year. (4) Garage sale signs a. On -premises signs advertising a garage sale conducted on the premises shall be allowed, but only beginning the day before the sale and be.i.ng removed by the end of the day of the sale. b. Off -premises directional signs shall be allo.,,ed to direct the public to a garage 21 sale, but only on private property with the permission of the property owner. All such signs shall include the address and date of the garage sale being advertised, and are subject to the same time restrictions as on -premises garage sale signs. (5) Portable signs. Portable signs shall be permitted only in the commercial, planned development, and manufacturing districts, as designated in this code, subject to the following limitations: a. No more than one such sign may be displayed on any property, and shall not exceed a height of five (5) feet and a total area of thirty-two (32) square feet. b. Such signs shall be displayed not more than thirty (30) days in any calendar year. C. Any electrical portable signs shall comply with the ICC Electrical Code, as adopted in this city. d. No portable sign shall be displayed prior to obtaining a sign permit. e. No animated or flashing signs will be permitted. 1) Exempt signs. The following signs shall be exempt from the provisions of this Chapter. (1) Official notices authorized by a court, public governmental body or public safety official. (2) Directional, warning or information signs authorized by federal, state or municipal governments. (3) Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible mater.i.al. and made an integral part of the building or structure. (4) The flag of a government or noncommercial institution, such as a school. (5) Street address signs and combination nameplate and street address signs that contain no advertising copy and which do not exceed six (6) square feet in area. (m) Prohibited Signs. Signs that are not specifically authorized are expressly prohibited. The 22 following devices and locations shall be specifically prohibited: (1) Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic. (2) Except as approved by the code official for special events, signs encroaching upon or overhanging public right-of-way. No sign shall be attached to any utility pole, light standard, public tree or any other public facility located within the public right-of- way. (3) Signs which blink, flash or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or emergency vehicle warnings from a distance. (4) Except as authorized in Section 25-506(k)(3) b, any sign attached to, or placed on, a vehicle or trailer parked on public or private property unless the following conditions are met: a. The primary purpose of such a vehicle or trailer is not the display or signs; b. The signs are magnetic, decals or painted upon the vehicle or equipment and do not b eak the silhouette of the vehicle; and C. The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily functions of the business to which such signs relate. d. Vehicles and trailers used primarily as static displays, advertising a product or service, nor utilized as storage, shelter or distribution points for commercial products or services for the general public. e. Banner signs, except as other,.-;.i.se specifically authorized in this Code. Article 3. Chapter 30, Article V, Section 30-504, entitled "Fences" of the Code of Ordinances of the City of Cape Girardeau, Missouri, is herebyyrepealedr,-n 7g se'ryentiret and a new Article to Chapter 25 entitled "Article VI - Fences" is hereby enacted in, lieu 93 thereof, i.n words and figures, to read as follows: ARTICLE VI. Fences Sec. 25-601. Applicability. The requirements of this section shall apply to the construction, installation, extension and replacement of all fences more than thirty-six (36) inches in height. Sec. 25-602. Permitting Process. A fence permit shall be obtained prior to beginning construction, extension or replacement of all applicable fences. If more than thirty (30) percent of an existing fence is being replaced, a permit must be obtained. To obtain a permit for a fence, a completed application form and site plan must be submitted to the City Manager. The following regulations apply to the installation of any fence requiring a permit. Sec. 25-603. General Standards (a) Fences may be constructed up to, but not on, the property line and must be entirely on the property of the property owner constructing the fence. The property owner is responsible for locating property lines. (b) Fences cannot be constructed within thirty (30) feet of the intersection of two (2) streets, as measured from the righC-of-way/property line. (c) Fences shall not be constructed within any utility easement, except as authorized by the City Manager after the property owner signs a waiver accepting the responsibility for building a fence within a utility easement. (d) All fences must be constructed in a workmanlike manner and maintained in their original upright condition. (e) Missing boards, pickets or posts shall. be replaced in a timely manner with material of the same type and quality. (f) Fences shall have adequate footings, foundations, or post depth and size. Sec. 25-604. Location, type and height. 24 Sec. 25-605. Prohibited fences. (a) No fence shall be constructed solely of a single wire or of two (2) wires between posts or supports. • Rear and side yards Maximum of six (6) feet (b) • Front yards Maximum of three (3) feet 50% of the surface must barbed wire, except for agricultural uses, and except be open fol- ortop topwire or wires on a security fence at least • Rear and side yards Maximum of eight (8) feet May include barbed wire feet in height. on top • Front yards Maximum of three (3) feet part of In accordance with Swimming pools Minimum of four (4) feet Section 13-37 of the City No fence shall be used for advertising purposes. Code (e) Maximum of twelve (12) Must be open wire mesh Tennis Courts/Athletic Fields feet fences Playgrounds/schools Maximum of eight (8) feet Districts. Sec. 25-605. Prohibited fences. (a) No fence shall be constructed solely of a single wire or Article 4. There is hereby enacted a new Article to Chapter. 25 entitled "Article VII - Retaining walls", in words and figures, to read as follows: 25 of two (2) wires between posts or supports. (b) No fence shall be constructed in whole or in part of barbed wire, except for agricultural uses, and except fol- ortop topwire or wires on a security fence at least six (6) feet in height. (c) No fence shall. be constructed in whole or in part of cloth, canvas of other like material. (d) No fence shall be used for advertising purposes. (e) No fence shall have connected to it any type of electrical current, exceot in the AG or AG -1 Districts. Article 4. There is hereby enacted a new Article to Chapter. 25 entitled "Article VII - Retaining walls", in words and figures, to read as follows: 25 ARTICLE VII. Retaining Walls. Sec. 25-701. Applicability. The requirements of this section shall apply to the construction, installation, extension and replacement of all retaining walls of more than four (4) feet in height, as measured from the final grade at the lower -side of the wall to the top of the wall. Sec. 25-702. Exemptions. Retaining walls that meet the following requirements shall be exempt from the requirements of this section: (a) Retaining walls less than four (4) feet in height. (b) Retaining walls designed as part of a structure. (c) Retaining walls shown on approved improvement plans. (d) Retaining walls designed as part of a public capital improvement project. Sec. 25-703. Permitting Process. A retaining wall permit shall be obtained prior to beginning any construction, extension or replacement of all applicable retaining walls. To obtain a retaining wall permit, a completed application form and site plan must be submitted to the City Manager. The site plan shall include the following information: (a) Location of all property lines (b) Location of all existing and proposed structures (c) Location of existing retaining walls on or adjacent to the property that are to remain in place, if applicable. (d) Portions of existing retaining walls that will be replaced, if applicable. (e) Location of new retaining wall. (f) Location of util.ties and utility easements; drainage easements and drainageways. (g) Construction details to include, but not limited to, dimensions, cross-sections and footing design. (h) Elevations above and below the retaining wall. (i) The height of the proposed retaining wall and the material to be used. (j) Engineer's certification, it required. (k) Any additional information that may be requested by City staff after initial review. Once all of the required information is submitted, it 26 shall be reviewed for compliance. If the application is approved, the applicant shall pay the permit fee and the retaining wall permit will be issued. All retaining walls shall be installed in compliance with the retaining wall regulations and with the information shown on the approved site plan and retaining wall permit application form. The applicant shall contact the Division of Inspection Services to request a final inspection upon completion of the retaining wall. If the inspector determines that the retaining wall was constructed in accordance with the requirements contained in this section and the approved retaining wall permit, a Certificate of Compliance will be issued forthwith. If the retaining wall does not pass the inspection, the inspector shall prepare an inspection report detailing the deficiencies within five (5) business days. Sec. 25-704. Engineer Certification Required. An engineer's design, certification and construction observation shall be required in the instances listed below. All engineering services shall be performed under the supervision of a Professional Engineer registered in the State of Missouri. (a) Any retaining wall over four (4) feet In height where 1.5 times the height of the wall is either (1) greater than or equal to the building setback of an adjacent lot, or (2) such calculated distance would encroach upon any structure. (b) Any retaining wall over four (4) feet in height located adjacent to a public right-of-way. Sec. 25-705. Location of retaining walls. The location of all retaining walls shall conform to the I ollowing standards. a) Pr.i.vate property. All retaining walls shall be located on private property and shall be built with the consent of the property owners. The retaining wall installer and/or property owner shall be responsible to correctly locate property boundaries. (b) Sight triangle. Retaining walls over thirty (30) inches tall constructed near street intersections shall not be located within twenty-five (25) feet of the intersection, as measured from the property/right-of-wav line, in order to provide a reasonable degree of traffic vl.sibility. 27 (c) Easements. Retaining walls shall not restrict access to utilities. Retaining walls shall not impede the normal flow of storm water and shall not cross an open drainage channel. Approval of retaining walls proposed in a utility or drainage easement shall be subject to the discretion of the City Manager. Retaining walls shall not be constructed over a public or private access easement. Sec. 25-706. Terraced Retaining Walls. If walls are terraced, the upper wall shall be located no closer to the lower wall than 1.0 times the height of the tallest wall. Example I3, 4' X14 Article 5. There is hereby enacted a new Article to Chapter 25 entitled "Article VIII - Landscaping-Bufferyards), in words and figures, to read as follows: ARTICLE VIII. Landscaping-Bu£feryards. Sec. 25-801. Purpose. The intent of this section is to: (a) Establish healthy environmental conditions by providing shade, air purification, oxygen regeneration, groundwater recharge, storm water runoff retention and treatment, erosion control, and noise, glare and heat abatement. (b) Provide visual buffering from a street, to buffer potentially incompatible land uses, and to generally enhance the quality of appearance of a development site, and the City as a whole. (c) Encourage the preservation of existing trees and vegetation. Sec. 25-802. Applicability. 28 The landscaping and bufferyard requirements of this section shall apply to those districts containing such requirements, as specified in Chapter 30, Zoning Regulations. Section 25-803. General Landscaping Requirements. (a) Unless otherwise specified in Chapter 30, Zoning Regulations, a minimum of fifteen percent (15%) of the total land area of any tract, parcel or lot shall be landscaped. Landscaping shall be reasonably distributed throughout the site. No utility easement may be used for the required landscaping areas, unless approved in writing by the appropriate official of each affected utility. (b) No new buildings or additions to existing buildings shall be permitted unless additional landscaping is provided on the tract, parcel or lot in an area equal to at least fifteen (15) percent of the land area occupied by the new building or addition, unless otherwise specified in Chapter 30, Zoning Regulations. Sec. 25-804. Parking Lot Landscaping Requirements. (a) All parking lots located within twenty (20) feet of a streett right-of-way shall have a ten (10) foot wide street landscaping strip on private property separating park. -Ing areas from abutting street rights-of-way containing no less than four. (4) of the categories of planting materials listed below. The street landscaping strip shall contain at least one tree per fifty (50) linear feet of street frontage. Such trees may be clustered or arranged within the area and need not be placed at even intervals. The street landscaping strip may contain driveways. In the Central Bus.i.ness District (CBD), this street landscaping strip shall be designed and constructed to create an edge along street rights-of-way that minimize the disruption of the urban environment created by the wide expanse of parking lots and vehicular use areas and shall be consistent with any adopted streetscape plans adopted f.or the area. (b) A minimum of fifteen percent (15%) of all parking lots must consist of landscaped area. The landscaped areas shall_ be reasonably distributed throughout the parking lot. Any interior landscaped areas shall be recessed areas which help 29 control and treat stormwater runoff, unless otherwise allowed by the City Manager. (c) If the parking requirements for a land use exceed one hundred and fifty (150) parking spaces, parking areas of no more than one hundred and fifty (150) spaces shall be separated by a landscaped area which is at least ten (10) feet in width. The ten (10) foot wide landscaped area shall contain at least four (4) of the categories of planting materials listed below. In addition, trees shall be planted within the ten (10) foot wide landscaped area at the rate of a minimum of one tree for each fifty (50) linear feet. Appropriately placed connections between parking areas are permitted. The following uses are exempt from the requirements of this section: motor vehicle or trailer sales and service; and farm machinery sales and service. (d) Landscaping shall not be allowed to obstruct the view of motorists using any street, private driveway, parking aisles or the approach to any street intersection so as to constitute a traffic hazard or condition dangerous to the public safety. Landscaping in these areas shall be a maximum of eighteen (18) inches tall. (e) Landscaping shall be maintained in good condition and replaced within one (1) season where necessary to ensure the continuation of appropriate landscaped material. (f) The .landscape plantings shall be considered as an element of a project in the same manner as paved parking, building construction and materials, storm water drainage, and other elements and shall be included in the required site plan. All plant materials shall be installed prior to issuance of Certificates of Occupancy. A Temporary Certificate of Occupancy (TCO) may be issued prior to installation of plant materials provided that a written assurance and a financial guarantee is furnished to the City Manager to insure the installation of required materials within six (6) months of the issuance of the TCO. The financial guarantee shall be equal to two times the cost of the materials, as estimated by the owner's landscape architect, architect, land planner or nurseryman, and the guarantee may be in the form of a letter of credit, bond or cash. (q) Property owners are encouraged to incorporate stormwater. :management features into required landscaping areas. If landscaped areas are used to fulfill required stormwater management 30 requirements, owners shall annually certify to the City that the stormwater management practices are being maintained and performing properly. Stormwater management requirements are specified in Chapter 23 of this Code. Sec. 25-805. Bufferyards Bufferyards shall be a minimum of twenty (20) feet wide and may be included within required yard setback areas. No utility easement may be included in the bufferyard area, unless approved in writing by the appropriate official of each affected utility. Plantings shall achieve an eighty percent (800) opacity within four (4) years. Three types of bufferyards are required, depending on the use of the property being developed and the use or zoning district of the adjacent property: Type A, B, and C. Type A is required for multi -family residential uses or mobile home parks, either of which are located adjacent to single family residential districts or uses. Type B is required for commercial uses, which are adjacent to any residential use or district. Type C is required for manufacturing/ industrial uses, either of which are located adjacent to any commercial or residential use or district. Barriers are also required for the Type C bufferyard. Type A bufferyard - plantings required per 100 Linear feet: 2 small deciduous or ornamental trees 1 medium and large deciduous shade tree 2 conifer or upright evergreen trees 10 shrubs Grasses, ground cover plants, flowers or forbs as desired Natural buf,-:er area, where existing vegetation is equal to or greater than required plantings as approved by the City Manager. Type B bufferyard - plantings required per 1.00 linear feet: 3 small deciduous or ornamental trees 2 medium or large deciduous shade trees 2 conifers or upright evergreen trees to shrubs Grasses, ground cover plants, flowers or fortis as desired Natural buffer area, where existing vegetation is equal to or greater than required plantings as approved by the City Manager.. Type C bufferyard - p.lanLings required per 100 .linear 31 feet: 3 small deciduous or ornamental trees 3 medium or large deciduous trees 4 conifers or upright evergreen trees 20 shrubs Grasses, ground cover plants, flowers or forbs as desired Natural buffer area, where existing vegetation is equal to or greater than required plantings as approved by the City Manager Solid barrier: six (6) foot tall solid wood fence; or six (6) foot tall solid masonry/brick wall; or six (6) foot tall solid evergreen hedge Sec. 25-806. Planting Materials The categories of planting materials, and the minimum planting sizes for planting materials, where applicable, shall be as follows: (a) Medium and large deciduous shade trees: two (2) inch caliper, as measured six (6) inches above the ground, as specified by the American Association of Nurserymen or Shaw Nature Reserve. (b) Small deciduous or ornamental trees: four (4) feet in height as specified by the American Association of Nurserymen or the GrowNative Native Planting Information, with the exception of true dwarf species. (c) Conifers: six (6) feet in height. (d) Missouri native grasses/sedges: as specified by the GrowNative Native Planting Information. (e) Upright evergreen trees: four (4) feet in height as specified by the American Association of Nurserymen or the GrowNative Native Planting Information, with the exception of true dwarf species. (f) Deciduous shrubs: minimum two (2) gallon size. (g) Evergreen shrubs: minimum two (2) gallon size. (h) Ground cover plants (crowns, plugs, containers): In a number as appropriate by species to provide at least fifty (50) percent surface coverage after two (2) growing seasons. (i) Grass seeding or sod: as appropriate to provide complete coverage within the first growing season. (j) Perennial flowers or native Missouri forbs, as specified by the GrowNative Native Planting Information. Article IX, X, XI. Reserved. Article 6. If any section, subsection, sentence, clause, 32 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 , 2010. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 33 SUBJECT Ordinance Regulating the Sale of Ephedrine and Ephedrine Products EXECUTIVE SUMMARY Several Southeast Missouri municipalities have enacted ordinances regulating the sale of Ephedrine and Ephedrine Products to curb sales to those individuals purchasing the product for illegal use in the manufacturing of Methamphetamine. The attached ordinance would require persons wishing to purchase pseudoephedrine to obtain a prescription from a doctor. Currently, pseudoephedrine is sold from behind the counter and requires a pharmacy log documenting the purchase and identification from the purchaser. BACKGROUND/DISCUSSION In a presentation at the Study Session on October 17, 2010, Jason Grellnor with the Franklin County Drug Task Force explained that Cape Girardeau was quickly becoming a "Mecca" for people who need to purchase pseudoephedrine to make methamphetamine. This is due to the fact that a number of Southeast Missouri communities have recently passed ordinances requiring a prescription to obtain pseudoephedrine. As a result, evidence suggests that persons wishing to purchase this drug to illegally manufacture methamphetamine were driving to the Cape Girardeau / Jackson pharmacies to make their purchase. With the City of Jackson's recent passage of a similar ordinance, Cape Girardeau now stands alone as one of the few communities in Southeast Missouri, and perhaps the only remaining location with multiple chain store pharmacies, that does not require a prescription for pseudoephedrine. This ordinance is not intended to prevent a hospital from dispensing pseudoephedrine without a permit. STAFF RECOMMENDATION Staff Recommends the City Council pass an Ordinance "Regulating the Sale of Ephedrine and Ephedrine Products" PUBLIC OUTREACH All Pharmacies within Cape Girardeau were contacted, and all agree the passing of said ordinance would be a positive action. ATTACHMENTS • BILL NO. 10-145, Ordinance regulating the sale of ephedrine • Sample of Jackson Ordinance "Regulating the Sale of Ephedrine and Ephedrine Products" BILL NO. 10-145 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ADDING A NEW ARTICLE XI ENTITLED `REGULATION OF METHAMPHETAMINE PRECURSOR DRUGS" BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. That Chapter 17 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by adding a new Article XI, entitled "Regulation of Methamphetamine Precursor Drugs", in words and figures to read as follows: ARTICLE XI. REGULATION OF METHAMPHETAMINE PRECURSOR DRUGS Sec. 17-250. General policy. The City Council of the City has found the manufacture, transportation, possession and sale of methamphetamine to be inherently dangerous and that the chemical precursors of methamphetamine and the byproducts and wastes of methamphetamine production are inherently dangerous and injurious to the public health, safety and welfare of the citizens of the city. Regulation of the sale of the chemical precursors to methamphetamine production, such as ephedrine products and pseudoephedrine products, is necessary to protect the citizens of the city. Sec. 17-251. Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section: (a) Ephedrine. All forms of ephedrine, ephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals. (b) Pseudoephedrine. A11 forms of pseudoephedrine, pseudoephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals. (c) Methamphetamine precursor drug. Any drug or substance as described in Section 195.246 or Section 195.248 of the Revised Statutes of Missouri. (d) Person. Any individual, corporation, partnership, trust, limited liability company, firm, association or other entity. (e) Sell. To knowingly furnish, give away, exchange, transfer, deliver, surrender, or supply, whether for monetary gain or not. Sec. 17-252. Prohibition of sale of methamphetamine precursor drugs. It shall be illegal for any person to sell, deliver or distribute ephedrine, pseudoephedrine or any other methamphetamine precursor drugs except as set forth in the specific exceptions contained in this Article. Sec. 17-253. Exceptions. (a) Ephedrine, pseudoephedrine or other methamphetamine precursor drugs may be sold by a Missouri licensed pharmacist after being authorized to do so by a written prescription from a physician or other healthcare professional licensed by the State of Missouri to write prescriptions. (b) Ephedrine, pseudoephedrine or other methamphetamine precursor drugs may be distributed by a licensed physician within the physician's office, clinic, nursing home or other licensed healthcare facility. (c) This Section regulating ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall not apply to the sale of animal feed containing ephedrine or dietary supplement products containing naturally occurring or herbal ephedra or extracts of herbal ephedra. Sec. 17-254. Prima facie evidence. 2 It shall be prima facie proof that a substance is regulated by this Section if the substance is contained in its original packaging and is labeled as being ephedrine, pseudoephedrine or other methamphetamine precursor drugs. Sec. 17-255. Reporting theft of methamphetamine precursor drugs. (a) All thefts, shortages, disappearances, miscounts or other losses of ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall be reported to the police department of the City within twenty- four (24) hours of discovery. (b) Any person selling ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall report any difference between the quantity of the aforementioned drugs shipped and the quantity received to the police department of the City within twenty-four (24) hours of discovery. Sec. 17-256. Injunctive relief. The City may seek injunctive relief against any person who is in v:iolaL.Lon of this Section. Sec. 17-257. Penalty. Each violation of this Section shall be considered a separate offense. Violation of this Section shall be punished under Section 1-8 of the Code of the City. Article 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Article 3. It i.s 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. 3 Article 4. This ordinance shall be in full force and effect ten days after its passage and approval. 1 PASSED AND APPROVED this day of 2010. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 4 BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 45, ARTICLE IX, OF THE CODE OF ORDINANCES OF THE CITY OF JACKSON, MISSOURI, RELATIVE TO REGULATION OF METHAMPHETAMINE PRECURSOR DRUGS; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. NOW, THEREFORE, BE IT ORDAINED BY TFIE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF JACKSON, MISSOURI, AS FOLLOWS: Section 1. That Chapter 45, Article IX, of the Code of Ordinances of the City of Jackson, Missouri, is hereby amended by adding Division 2 to read as follows: "DIVISION 2. REGULATION OF METHAMPHETAMINE PRECURSOR DRUGS See. 45-925. General policy. The board of aldermen of the city has found the manufacture, transportation, possession and sale of methamphetamine to be inherently dangerous and that the chemical precursors of methamphetamine and the byproducts and wastes of methamphetamine production are inherently dangerous and injurious to the public health, safety and welfare of the citizens of the city. Regulation of the sale of the chemical precursors to methamphetamine production; namely, ephedrine products and pseudoephedrine products, is necessary to protect the citizens of the city. Sec. 45-926. Definitions. For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section: Ephedrine. All forms of ephedrine, ephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals. Pseudoephedrine. All forms of pseudoephedrine, pseudoephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals. Methamphetamine precursor drug. Any drug or substance as described in Section 195.246 or Section 195.248 of the Revised Statutes of Missouri. Person. Any individual, corporation, partnership, trust, limited liability company, firm, association or other entity. 2 See. 45-927. Prohibition of sale of methamphetamine precursor drugs. It shall be illegal for any person to sell, deliver or distribute ephedrine, pseudoephedrine or any other methamphetamine precursor drugs except as set forth in the specific exceptions contained in this division. Sec. 45-928. Exceptions. (a) Ephedrine, pseudoephedrine or other methamphetamine precursor drugs may be sold by a Missouri licensed pharmacist after being authorized to do so by a written prescription from a physician or other healthcare professional licensed by the State of Missouri to write prescriptions. (b) Ephedrine, pseudoephedrine or other methamphetamine precursor drugs may be distributed by a licensed physician within the physician's office, clinic, nursing home or other licensed healthcare facility. (c) This division regulating ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall not apply to the sale of animal feed containing ephedrine or dietary supplement products containing naturally occurring or herbal ephedra or extracts of herbal ephedra. Sec. 45-929. Prima facie evidence. It shall be prima facie proof that a substance is regulated by this division if the substance is contained in its original packaging and is labeled as being ephedrine, pseudoephedrine or other methamphetamine precursor drags. Sec. 45-930. Reporting theft of methamphetamine precursor drugs. (a) All thefts, shortages, disappearances, miscounts or other losses of ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall be reported to the police department of the city within twenty-four (24) hours of discovery. (b) Any person selling ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall report any difference between the quantity of the aforementioned drugs shipped and the quantity received to the police department of the city within twenty-four (24) hours of discovery. Sec. 45-931. Injunctive relief. The city may seek injunctive relief against any person who is in violation of this division. 3 See, 45-932. Penalty. Each violation of this division shall be considered a separate offense. Violation of this division shall be punished under Section 1-20 of the code of the city." Section 2. It is the intent of the Mayor and Board of Aldermen and it is hereby ordained that this ordinance shall become and be made a part of the Code of Ordinances of the City of Jackson, Missouri, and that sections of this ordinance may be renumbered to accomplish such intention. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 4. That this ordinance shall take effect and be in force from and after its passage and approval. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. FIRST READING: SECOND READING: PASSED AND APPROVED this day of of ayes, (SEAL) ATTEST: City Clerk nays, abstentions and absent. CITY OF JACKSON, MISSOURI Mayor 2010, by a vote Agenda: November 15, 2010 Ii AGENDA REPORT Staff: Ken Eftink, Assistant City Manager/ Development Services Director ; Cape Girardeau City Council SUBJECT Ordinance Annexing property to the City of Cape Girardeau, Missouri upon the request of Fruitland Livestock Market, Inc. for a 20.00 acre Tract Located Along Baldwin Drive, South of LaSalle Avenue. EXECUTIVE SUMMARY Staff has received an executed Annexation Petition from Fruitland Livestock Market, Inc. for the annexation of a 20.00 acre tract located along Baldwin Drive, south of LaSalle Avenue. BACKGROUND/DISCUSSION Fruitland Livestock Market, Inc. is requesting annexation of a tract totaling 20.00 acres located along Baldwin Drive, south of LaSalle Avenue. This tract is wholly surrounded by City limits and was not included in the previous annexation of Meyr Properties due to title issues. Council accepted this petition at its October 4, 2010 Council meeting with Resolution No. 2562 and held the public hearing on November 1, 2010. The owner submitted a rezoning application to the City Planning and Zoning Commission at its October 13'h meeting for R-3 High Density Single Family Residential and C-2 Highway Commercial. The Planning Commission recommended denial of the rezoning. The City had received a request for a duplex development on this same property for part of the area that was being requested for C-2 Highway Commercial zoning. The person representing Fruitland Livestock Market at the P & Z meeting had not been advised that their client had entered into a contract to sell the east 9.48 acres to a developer for a 40 unit senior housing project. The developer has requested and received letters of support from the City for the proposed senior housing project for their MHDC application. Representatives for Fruitland Livestock Market have requested the City Council hold a public hearing on the proposed R-3 and C-2 rezoning request. The Council approved the request and a public hearing is scheduled for December 6, 2010 on the rezoning. STAFF RECOMMENDATION Staff recommends Council approve the annexation request via the attached ordinance that, when effective, would complete the annexation process. PUBLIC OUTREACH A public hearing was held November 1, 2010 to gather public comment on the annexation. Staff has not received any negative comments on this annexation. BILL NO. 10-165 ORDINANCE NO. AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAUI MISSOURI, UPON TI -IE REQUEST OF FRUITLAND LIVESTOCK MARKET, INC. WHEREAS, Fruitland Livestock Market, Inc., has presented to the City Council of Cape Girardeau, Missouri, its Verified Petition requesting annexation as the owner of all fee interest of record of a certain tract of land which it proposes to be annexed to the City of Cape Girardeau, Missouri; and WHEREAS, a public hearing was held on November 1, 2010, after due notice was given according to Chapter 71.012 RSMo; and WHEREAS, at said public hearing all interested persons were allowed to present evidence regarding the proposed annexation; and WHEREAS, the City Council of Cape Girardeau has determined that the annexation is reasonable and necessary to the proper development of the City and, further, that the City has the ability to furnish normal municipal services to the area to be annexed within a reasonable time; and WHEREAS, the City Council has determined that the property proposed to be annexed is contiguous and compact and adjacent to the existing corporate limits of the City of Cape Girardeau, Missouri, and further, the land proposed to be annexed is in an unincorporated area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL. OF 'f HE CITY OF CAPE GIRARDEAU MISSOURI, AS FOLLOWS: ARTICLE 1. That the corporate limits of the City of Cape Girardeau, Missouri, shall be extended so as to annex the following described unincorporated area of land which is adjacent to and contiguous and compact with the existing corporate limits of the City of Cape Girardeau, and to extend the limits of the city over said territory as described herein below, to -wit: A certain tract of land owned by Fruitland Livestock Market, Inc., and more particularly described as follows: FRUITLAND LIVESTOCK MARKET, INC., a Missouri corporation THAT PART OF UNITED STATES PRIVATE SURVEY NO. 790, IN TOWNSHIP 31 NORT J4 RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN TF E COUNTY OF CAPE GIRARDEAU, TI -IE STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the northwest corner of Factional Section 10, Township 31 North, Range 13 East, at a found stone; thence North 84153'56" West, 1,072.50 feet, to the point of beginning; thence South 12°55'04" West, 507.97 feet; thence North 84°59'00" West, 934.56 feet; thence North 08°15'41" East, 908.46 feet; thence South 84°59'00" East, 958.41 feet, to a found iron pin; thence South 05°47'22" West, 403.90 feet, to the point of beginning, and containing 20.00 acres, more or less, as shown on the accompanying plat. Subject to any easements of record. ARTICLE 2. This ordinance shall take effect and be in force from and after ten days after its final passage and approval. ARTICLE 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such, holding shall not affect the validity of the remaining portions hereof. ARTICLE 4. That the City Clerk is authorized and directed to cause three (3) certified copies of this ordinance in its final form to be filed with the Clerk of Cape Girardeau County as provided by Section 71.012 RSMo. ARTICLE 5. That the City Council of Cape Girardeau, Missouri, does hereby find and determine that the annexation of the tract of land is reasonable and necessary to the proper development of the City and further, that the City has the ability to furnish normal municipal services to the area to be annexed within a reasonable time. Further, the City Council of Cape Girardeau, Missouri, finds and determines that with respect to the land to be annexed into the City of Cape Girardeau, Missouri, that all of the owners of all fee interest of record have requested such annexation by appropriate Petition. PASSED AND APPROVED THIS DAY OF 20_ Harry E. Rediger, Mayor ATTEST: Gayle L. Coned, City Clerk Fruitland Livestock Market Annexation Z 3 0 0 x _.._.._..�.._i 0 1 r LASALLE 1 1 I i i 1 i i z 3 0 J Q ....... f Property to be annexed 20 Acres i o I c 0 z IL COUN TY_RD_618 m i Legend %V; E Streets 1 _m �.•�••— —••— City Limits S Zj� •`^„/� �. i RuiHand Livestock Annexation Fruitland_ Livestock_ annex 0 270 540 1,080 Feet= RANCH � Parcels CLOVERDALE s D 9/29/10 Agenda: November 15, 2010 Staff: Ken 1Jffink, Assistant City Manager/ AGENDAREPORT Development Services Director Cape SUBJECT Ordinance amending the boundary of Ward 4 to include a 20.00 acre tract located along Baldwin Drive, South of LaSalle Avenue. EXECUTIVE SUMMARY We typically update ward boundaries concurrently with the annexation of new properties into the City. At this time, neither tract has anyone living there. BACKGROUND/DISCUSSION Fruitland Livestock Market, Inc. has requested annexation of a 20.00 tract of land along Baldwin Drive, south of LaSalle Avenue. When annexed, this property will be in the boundaries of the City Council Ward 4 District. STAFF RECOMMENDATION Staff recommends the Council adjust the Ward 4 boundary to include the annexed property. ATTACHMENTS • BILL N0. 10-167, Ordinance Amending the Boundary of Ward 4 • Map showing Ward Boundary Update BILL NO. 10-167 ORDINANCE NO. AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 4 TO INCLUDE PROPERTY ANNEXED BY THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Ordinance No. 1355, Part 2, is hereby amended by repealing the legal description of the boundaries of "Ward 4" in its entirety and enacting a new legal description of the boundaries of "Ward 4", in words and figures, to read as follows: (1) Beginning at a point where the centerline of Perry Avenue intersects the centerline of Perryville Road; thence in a northerly direction with said centerline of Perry Avenue to its intersection with the centerline of Wayne Street; thence in an easterly direction with the centerline of Wayne Street to its intersection with the centerline of West End Boulevard; thence in a northerly direction with the centerline of West End Boulevard to its intersection with the centerline of Bertling Street; thence in an easterly direction with the centerline of Bertling Street to its intersection with the centerline of Old Sprigg Street Road; thence in a northerly direction with the centerline of Old Sprigg Street Road to its intersection with the northern city limits of the City of Cape Girardeau effective September 4, 2001; thence North along the west right-of-way line of Old Sprigg Street Road to the North line of the Southwest Quarter of the Southeast Quarter of Section 19, Township 31 North, Range 14 East; thence west to the east right-of-way line of Cape Rock Drive; thence in a northerly direction along the east right-of-way line of Cape Rock Drive to the northern city limits of the City of Cape Girardeau effective September 4, 2001 to the western right-of-way line of Cape La Croix Road 1 (State Route W); thence North along said right- of-way line to the south line of an existing 50 - foot wide ingress and egress easement (Deer Creek Road); thence following said line west to the east line of -Lot No. 4 of Cape La Croix Farms Subdivision as recorded in plat book no. 17 at page no. 12; thence S 130 56' 31" E, 487.41 feet; thence following the northern city limits of the City of Cape Girardeau effective September 4, 2001 to the North line of lot 7 of the Route W Commercial Center; thence including lots 5, 6 and 7 of the Route W Commercial Center; thence to the Northwest corner of lot 4 of the Route W Commercial Center; thence following the city limits line effective September 4, 2001 to the North line of Lot number 18 of the Lynwood Hills Second Amended Subdivision; thence west along the North line of Lot number 18 to the city limits line effective September 4, 2001; thence following the city limits line effective September 4, 2001 to the west right-of-way line of Interstate 55; thence in a southerly direction along the west right-of-way line of Interstate 55 to its intersection with the centerline of Kingshighway; thence in a southeasterly direction with the centerline of Kingshighway to its intersection with the centerline of Lexington Avenue; thence in a northeasterly direction with the centerline of Lexington Avenue to its intersection with the centerline of Rampart Street; thence in a southerly direction with the centerline of Rampart Street to its intersection with the centerline of Jasmine Lane; thence in an easterly direction with the centerline of Jasmine Lane to its intersection with the centerline of Carolina Street; thence in a southerly direction with the centerline of Carolina Street to its intersection with the centerline of Lisa Drive; thence in an easterly direction with the centerline of Lisa Drive to the end of its construction as of September 4, 2001; thence eastwardly along the extension of the centerline of Lisa Drive, more or less parallel to the centerline of Melrose Avenue, to the centerline of a platted, but unconstructed, section of Lisa Drive west of Westwood Drive; thence easterly along said centerline to its intersection with 01) the centerline of Westwood Drive; thence in a northeasterly direction with the centerline of Westwood Drive to its intersection with the centerline of Perryville Road; thence in a southeasterly direction with the centerline of Perryville Road to its intersection with the centerline of Perry Avenue, being the point of beginning of the Ward herein described. (2) Freitag (Lacroix Pet Hospital). That part of the Northwest Quarter of Section 23, Township 31 North, Range 13 East of the Fifth Principal Meridian, County of Cape Girardeau, State of Missouri, described as follows: Lots One (1) , Two ( 2 ) and Three ( 3 ) of Peaceable Acres Subdivision as recorded in Plat Book 17, Page 24, of the Land Records of Cape Girardeau County, Missouri. (3) Rademaker (Coyote Creek Subdivision). a. Tract 1: That part of the Southwest Quarter of Section 13, Township 31 North, Range 13 East of the Fifth Principle Meridian in the County of Cape Girardeau, the State Of Missouri, described as follows: Commence at the Southwest corner of said Section 13; thence North 890 34' 00" East, with the south line of said Section 13, a distance of 146.40 feet; thence North 260 22' 00" East, 524.00 feet; thence North 56022100" East, 276.30 feet; thence North 160 22' 00" East, 200.50 feet, to a point in Perryville Road; thence North 070 01' 32" West, 49.70 feet, to the point of beginning; thence North 740 52' 03" East, 254.06 feet; thence North 830 15' 50" East, 420.85 feet; thence North 010 16' 13" West, 309.36 feet, to the southeast corner of a tract described in Deed Book 283 at page 884 of the Land Records of said county; thence North 890 44' 00" West, 709.12 feet, to a point in Perryville Road; thence with said road, South 070 Ol' 32" East, 431.52 feet, to the point of beginning, and containing 5.67 acres, more or less. Subject to that part 9 within Perryville Road, and subject to any easements of record. b. Tract 2: Also Part of 15-600-13-00-01700. All that part of the West Half of the Southwest Quarter of Section 13, Township 31 North, Range 13 East, County of Cape Girardeau, Missouri, described as follows: Start at the southwest corner of said Section 13 and run North 890 34' East, 26.0 feet to the intersection of the South line of South line of Section 13 and the East right-of-way line of State Route "W"; thence North 00 56' West along the East right-of- way line of Route "W" 898.0 feet; thence North 30 48' West, 100.1 feet; thence North 00 56' West, 764.3 feet; thence South 890 44' East, 515.2 feet to a point in the center of the Perryville Road; thence South 120 13' East, 352.33 feet for the point of beginning; thence South 890 44' East, 731.95 feet; thence South 10 18' East, 122.0 feet; thence North 890 44' West, 709.0 feet to a point in the center of the Perryville Road; thence North 70 03' West with the center of said road 8.78 feet, thence North 120 13' West, 115.6 feet to the point of beginning containing 2.01 acres more or less. Excepting therefrom the right-of-way of the Perryville Road. (4) Southeast Missouri University Foundation . (SEMO University Foundation Technology Park/T-55). All that part of the following described property which lies east of the east right-of-way line of I-55: a. Tract 1: Part of Survey 790, Township 31 North, Range 13 East, described as follows: Begin at the Southwest corner of said Survey; thence in an Easterly direction along the South boundary line of said Survey, 158 poles to a stake for a corner from which a White Oak bears South 500 East 14 links and a Poplar bears North 400 West 62 links; thence North 214 poles to a stake for a corner from which a Dogwood bears 0 North 280 West, 43 links and a White Oak bears South 260 East, 29 links; thence West 148 poles to a stake on the West boundary line of said Survey 790 from which a Hickory bears North 22 links and another Hickory bears South 200 West, 33 links; thence along the West line of said Survey 790 to the place of beginning, containing 204.16 acres, being the same land acquired by Leonard G. Pierce and Flo Pierce, his wife, by Sheriff's Deed in partition dated January 13, 1942 and recorded in Book 120 at page 230 of the land records of Cape Girardeau County. b. Tract 2: That part of U.S. Survey 202, Township 31 North, Range 13 East, described as follows: Beginning at the Northwest corner of Survey No. 212; thence S 840 E, 38.17 chains with the North line of said survey to the Northeast corner of said survey; thence S 60 45' W with the East line of said survey, 48.84 chains to a stone corner on the North line of Survey 788 and a corner of Survey 202; thence N 830 30' W, 7.61 chains for a stone corner; thence N 470 W, 8.53 chains for a corner in the Bainbridge Road; thence S 490 W with said road, 4.83 chains for a corner in the county road intersection; thence following the Bainbridge Road the following courses and distances: N 430 53' W, 1.19 chains; N 450 41' W, 11.37 chains; N 390 21' W, 6.52 chains; N 740 35' W, 7.33 chains to a corner on the West line of Survey 202, thence leaving the Bainbridge Road, N 8° E, 23.94 chains with the West line of said Survey 202 to the Southwest corner of Old MCKendree Chapel Lot; thence S 790 E, 5.56 chains to the Southeast corner of said lot; thence N 80 E, 3.60 chains to the Northeast corner of said lot; thence N 790 W, 5.56 chains to a stone, the Northwest corner of said lot; thence N 80 E with the West line of Survey 202, 6.19 chains to the point of beginning. Containing 163.78 acres, more or less. It being the intent to convey all of the land 5 described in Book 164, pages 341 and 342, except that part South of the Bainbridge Road. Tract 3: Part of the Northeast Fractional Quarter of Section 9, Township 31 Range 13 East, described as follows: Begin at the Northeast corner of Survey 202 on the South line of Survey 790 in Township 31, Range 13 East, from which a Walnut 10 inches bears North 840 West, 24 links; thence South 60 West, 6.47 chains to a corner from which a Walnut 11 inches bears South 60 West; thence South 840 East, 1.50 chains to a corner; thence North 60 East, 6.47 chains to a corner; thence North 840 West 1.50 chains to the beginning corner; being a part of a tract of real estate conveyed to Lloyd R. Lowes by Blanche M. Rhodes by deed dated December 19, 1947, recorded in Book 140 at page 162 in the Recorder's Office at Jackson, Missouri. Tract 4: All of a tract of land containing 33.016 acres situated in the Northeast Fractional Quarter of Section 9 in Township 31 North, Range 13 East and described by metes and bounds as follows: From the Northeast corner of U.S. Survey No. 202, which is also the Northwest corner of said Northeast Fractional quarter of Section 9, measure S 60 W, 427.5 feet to the beginning corner; thence S 60 W, 915 feet to a corner in the center of Public Road; thence S 720 25' E, 378.5 feet to a corner in the road; thence N 820 04' E, 310 feet to a corner in the road; thence S 770 56' E, 315 feet to a corner in the road; thence leave road N 40 26' W, 45 feet to a corner; thence follow the branch N 850 34' E, 310 feet to a corner; thence N 360 16' E, 404.6 feet to a corner; thence N 480 16' E, 170 feet to a corner; thence N 280 16' E, 180 feet to a corner; thence N 430 16' E, 60 feet to a corner; thence N 330 21' E, 161 feet to a corner; thence N 830 20' W, 1809 feet to the beginning corner. ALSO, Part of Survey 2262 in Township 31 North, Range 13 East, commencing at the Southeast corner of said Survey for the point of beginning; thence North with the East line of said Survey 2262, 22 chains to a stake for a corner; thence West C1 parallel with the South boundary line of said Survey, 22 chains to a stake for a corner; thence South parallel with the East boundary of said Survey, 22 chains to a corner on the South boundary line of said Survey; thence East with said South boundary line, 22 chains to the point of beginning; said tract is sometimes known as lot 7 of Dennis Subdivision of Survey 2262, the part of lying East of I-55 right-of-way containing 10.1 acres, more or less. ALSO, part of Survey 2262 in Township 31 North, Range 13 East, containing .75 acres, more or less. (5) Missouri State Highway and Transportation Commission - (SEMO University Foundation Technology Park/I-55). Description of Interstate 55 R/W: Present northern city limits to the North Line of the Southeast Missouri Technology Research Park. All of the right-of-way of United States Interstate 55, being located within Cape Girardeau County, Missouri, and lying between the following locations: The Southerly limits of said right-of-way being at the present northern city limits of the City of Cape Girardeau, at a point in Section 16, Township 31 North, Range 13 East of the Fifth Principal Meridian, at the approximate Interstate 55 Centerline Station 1003+12, said southerly line being in conformance with the present city limits line and not perpendicular to the Interstate centerline; and the Northerly limits of said right-of-way being at a point in United States Private Survey Number 2262, Township 31 North, Range 13 East of the Fifth Principal Meridian, the Northerly limits of said right-of-way to be the full width of the Interstate right-of-way measured perpendicular to the Interstate 55 Centerline Station 869+80.41; and the total length of right-of-way described herein to be approximately 13,386 feet. (6) LaSalle Fork Detention Reservoir. All of that part of the Southwest Quarter of Section No. 11, Township 31 North, Range 13 East; and all of that part of the Northeast Quarter of Section No. 15, Township 31 North, Range 13 East, and all of that 7 part of Lacroix Industrial Park, amended, and all of that part of U.S.P. Survey No. 2277, all east of the Fifth Principal Meridian, in the County of Cape Girardeau, State of Missouri, described as follows: Commence at a sandstone with a chiseled cross on the common corner of U.S.P. Survey No. 2277 and Sections 10, 11, and 15; thence with the South line of said Section No. 11, North 890 24' 14" East, 983.27 feet, to Missouri State Plane Coordinate Northing 559792.81 and Easting 1087480.23, the point of beginning; thence leaving said South line of said Section 11, South 170 41' 43" East, 213.92 feet; thence South 030 37' 04" East, 874.75 feet; thence South 800 32' 43" West, 172.19 feet; thence North 430 08' 41" West, 793.22 feet; thence South 360 21' 08" West, 251.05 feet; thence North 89046' 53" West, 446.35 feet, to Missouri State Plane Coordinate Northing 559065.98 and Easting 1086293.00, being also a point on the North line of a tract recorded in the name of the Joseph D. James Revocable Living Family Trust as conveyed in warranty deed book 755, at page 40; thence leaving said North line, South 600 47' 42" East, 768.37 feet; thence South 310 56' 13" West, 199.62 feet; thence South 45023138" West, 132.50 feet, to Missouri State Plane Coordinate Northing 558428.62 and Easting 1086763.77, said point also being on the North line of a tract recorded in the name of Masters Farms Inc. as conveyed in warranty deed book 209, at pages 295-296 and 465-467; thence leaving said North line, South 450 23' 38" West, 111.38 feet; thence South 790 33' 34" East, 937.41 feet; thence South 050 30' 47" West, 353.60 feet; thence South 570 54' 29" East, 216.90 feet; thence South 000 42' 47" East, 936.25 feet; thence South 800 32' 43" West, 40.78 feet; thence South 370 31' 13" West, 41.04 feet; thence South 470 18' 11" East, 464.79 feet; thence South 630 32' 39" East, 273.42 feet; thence South 070 13' 45" West, 615.40 feet; thence North 570 17' 05" East, 708.58 feet; thence South 170 27' 52" West, 443.69 feet; thence South 110 13' 12" West, 550.13 feet; thence South 39014103" East, 460.16 feet; thence South 02048109" East, 331.82 feet, to Missouri State Plane Coordinate Northing H 554427.12 and Easting 1088874.56, being also a point on the North line of Section 23, Township 31 North, Range 13 East; thence with said North line, North 880 23' 23" East, 64.40 feet; to the west line of LaSalle Street in said LaCroix Industrial Park (amended), thence with the West line of said street, South 000 35' 13" East, 937.66 feet; to the Northwest corner of LaSalle Street and LaPort Street, thence with the North Line of LaPort Street, South 880 09' 47" West, 174.04 feet to a point on the west line of LaCroix Industrial Park, and thence with said line, South 000 35' 13" East, 50.01 feet to the Southwest corner of said LaCroix Industrial Park, and a point on the South line of LaPort Street, thence with said South line, North 880 09' 47" East, 598.45 feet, to the intersection of the South line of LaPort Street and the North Line of Missouri Route 'W', thence with the North line of said Route 'W', North 630 28' 58" East, 49.08 feet, thence leaving the North line of said Route 'W', and along the east line of Weston Street, North 270 27' 30" West, 67.80 feet, thence South 750 48' 36" West, 51.44 feet to a point on the North line of LaPort Street, thence with said North line, South 75° 59' 02" West, 97.74 feet; thence South 88009147" West, 200.76 feet; thence North 45° 48' 03" West, 59.21 feet; to a point on the East line of LaSalle Street, thence with said East Line, North 000 35' 13" West, 894.83 feet, to a point on the North line of Section 23, Township 31 North, Range 13 East; thence with said North line, North 880 23' 23" East, 60.59 feet; thence leaving said North line, North 020 50' S1" West, 380.38 feet, to Missouri State Plane Coordinate North 554807.50 and Easting 1089030.81; thence North 370 13' 33" West, 579.16 feet; thence North 100 38' 16" East, 385.97 feet; thence North 160 15' 54" East, 741.01 feet; thence North 270 07' 51" East, 112.38 feet; thence North 490 58' 37" East, 252.88 feet, to Missouri State Plane Coordinate Northing 556622.55 and Easting 1089203.66, being also a point on the South line of a tract recorded in the name of Donna Charlene Kassel Jett and Jana Jolene Kassel as conveyed in warranty deed book 465 at page 95; thence North 420 09' 45" East, W 363.91 feet; thence leaving said South line, North 030 13' 23" West, 347.52 feet; thence North 220 43' 04" East, 559.87 feet; thence North 520 54' 58" West, 253.07 feet, to Missouri State Plane Coordinate Northing 557908.30 and Easting 1089442.72, being also a point on the South line of a tract recorded in the name of Robert C. Jr. and Jane E. Sinn, as conveyed in warranty deed book 363 at page 963 and 967; thence leaving said South line, North 160 20' 16" East, 121.93 feet, to Missouri State Plane Coordinate Northing 558025.30 and Easting 1089477.02, being also a point on the South line of a tract recorded in the name of L.R. Roper Jr. as conveyed in warranty deed book 370 at page 142; thence leaving said South line, North 16020118" East, 53.20 feet; thence North 740 01' 12" West, 250.69 feet; thence South 690 58' 11" West, 219.87 feet; thence South 400 11' 44" West, 91.45 feet, to Missouri State Plane Coordinate Northing 558000.20 and Easting 1088985.39, being also a point on the North line of said Jett tract; thence leaving said North line, South 400 11' 44" West, 252.26 feet; thence North 510 31' 53" West, 445.26 feet; thence North 230 54' 59" East, 22.69 feet, to Missouri State Plane Coordinate Northing 558105.24 and Easting 1088483.15, being also a point on the South line of said Roper tract; thence leaving said South line, North 230 54' 59" East, 768.17 feet; thence South 780 03' 34" West, 350.44 feet; thence North 120 21' 30" West, 569.10 feet; thence North 130 02' 19" East, 331.22 feet; thence North 100 19' 13" West, 196.52 feet, to Missouri State Plane Coordinate Northing 559806.88 and Easting 1088369.43, being also a point on the South line of a tract recorded in the name of Glenn H. and Mary G. Nenninger, as conveyed in warranty deed book 194 at page 363; thence with said South line, South 880 52' 45" West, 132.28 feet; thence leaving said South line, North 220 16' 08" East, 61.19 feet; thence North 230 26' 58" East, 237.06 feet; thence North 260 53' 52" East, 614.71 feet; thence North 420 56' 33" East, 125.96 feet; thence North 460 13' 03" East, 129.59 feet; thence North 560 58' 44" West, 82.07 feet; thence North 070 40' 32" West, 2.36 feet, to Missouri M State Plane Coordinate Northing 560853.21 and Easting 1088743.36, being also a point on the South line of a tract recorded in the name of Richard A. and Bernadine A. Nenninger, as conveyed in warranty deed book 476 at page 584; thence with said South line, North 690 25' 27" East, 117.78 feet, to Missouri State Plane Coordinate Northing 560896.94 and Easting 1088853.31, being also a point on the Southwest line of a tract recorded in the name of John A. and Martha A. Muench as conveyed in warranty deed book 274 at page 467; thence with said Southwest line, North 210 27' 36" West, 85.24 feet; thence leaving said Southwest line, North 620 38' 09"East, 25.43 feet; thence North 740 07' 38" East, 76.17 feet; thence North 440 35' 21" East, 76.04 feet; thence North 190 35' 33" East, 41.28 feet; thence North 330 42' 00" East, 85.68 feet; thence North 67020112" East, 65.42 feet; thence North 250 40' 48" West, 37.92 feet; thence South 570 56' 18" West, 87.87 feet; thence South 290 28' 30" West, 87.77 feet; thence North 280 10' 24" West, 35.90 feet; thence South 660 O1' 25" West, 22.11 feet; thence South 250 16' 45" East, 59.33 feet; thence South 540 58' 09" West, 93.96 feet; thence South 820 49' 35" West, 64.44 feet, to Missouri State Plane Coordinate Northing 561016.49 and Easting 1088806.32, being also a point on the Northeast line of said Richard Nenninger tract; thence leaving said Northeast line, South 820 49' 35" West, 11.28 feet; thence South 700 22' 08" West, 118.88 feet; thence South 660 24' 15" West, 76.54 feet; thence South 480 51' 40" West, 113.09 feet; thence South 430 50' 47" West, 79.42 feet; thence South 450 07' 34" West, 52.06 feet; thence South 030 11' 32" East, 48.32 feet; thence South 450 39' 05" West, 89.22 feet; thence South 670 24' 39" West, 111.40 feet; thence South 530 47' 53" West, 82.87 feet; thence South 690 23' 45" West, 89.95 feet; thence South 650 10' 59" West, 62.52 feet; thence South 35° 55' 30" West, 44.97 feet; thence South 420 19' 10" West, 43.90 feet; thence North 810 03' 56" West, 36.81 feet; thence North 260 02' 58" West, 54.41 feet; thence North 160 55' 47" West, 44.97 feet; thence North 230 15' 50" West, 55.63 feet; thence North 360 48' 25" West, 38.12 feet; thence 11 North 210 34' 23" West, 77.98 feet; thence North 110 49' 00" West, 42.81 feet; thence North 240 18' 30" West, 51.47 feet, to Missouri State Plane Coordinate Northing 560787.54 and Easting 1087831.42 being also a point on the East line of a tract recorded in the name of Charles F. Blattner and Jerry E. Erlbacher as conveyed in warranty deed book 291 at pages 637-640; thence with said East line, North 000 38' 42" West, 167.07 feet, to Missouri State Plane Coordinate Northing 560953.75 and Easting 1087829.55; thence leaving said East line, South 850 111 32" West, 652.51 feet, to Missouri State Plane Coordinate Northing 560899.06 and Easting 1087179.34; thence South 130 49' 58" West, 27.28 feet, thence South 650 08' 12" West, 74.80 feet, thence South 850 05' 52" West, 104.06 feet, thence South 840 52' 24" West, 99.53 feet, thence South 230 48' 23" West, 40.02 feet; thence North 840 41' 12" West, 54.51 feet; thence South 220 44' 0111 West, 50.73 feet; thence South 380 54' 19" West, 41.62 feet; thence South 700 36' 13" East, 642.97 feet; thence South 070 05' 05" East, 711.69 feet, to Missouri State Plane Coordinate Northing 559792.81 and Easting 1087480.23, the point of beginning and containing 154.00 acres, more or less, as shown on the accompanying plat. (Missouri State Plane Coordinates in this description have been converted from metric to feet and decimals thereof.) (7) James (Shavano Country Lane). A parcel of land being a part of the N 1/2 of the NE 1/4 of Section 15, Township 31 North, Range 13 East in Cape Girardeau County, Missouri, described as follows: Commence at the NE corner of said Section 15; thence S 880 52' W along the Section Line, 2204.0 feet to a 5/8" iron rod; thence S 90 52' W, 200.0 feet; thence S 450 52, W, 100.0 feet; thence S 510 52' W, 25.0 feet; thence S 20 08' E, 730.03 feet; thence N 540 12' E, 75.33 feet; thence N 890 30' E, 649.91 feet to the NE corner of a parcel of land described in Book 379, page 685; thence S. 720 08' 17" E, 208.62 feet; thence S 540 00' 23" E, 106.30 feet; thence S 690 00' 23" E, 101.09 feet to the Point of Beginning; thence continue S 690 00' 23" E, 12 24.17 feet; thence S 770 00' 23" E, 245.93 feet; thence S 11 00' E, 135.38 feet; thence S 890 30' W, 261.05 feet; thence N 10 00' W, 201.62 feet to the Point of Beginning. Also, that part of the Northeast Quarter of Section 15, and that part of U.S.P. Survey No. 2277, all in Township 31 North, Range 13 East, in the County of Cape Girardeau, State of Missouri, described as follows: Commence at the Northwest corner of said Survey No. 2277; being also the common corner of Sections 10, 11 and 15; thence South 000 56' 45" West, with the West line of said Survey No. 2277; a distance of 1352.07 feet to the place of beginning; thence South 880 31' 51" West, 959.70 feet; thence North 010 00' West, 135.38 feet; thence North 150 35' 53" East, 518.09 feet; thence North 540 55' 36" East, 124.30 feet; thence South 840 32' S7" East, 507.27 feet, thence South 71043' 02" East, 575.52 feet; thence South 550 35' 52" East, 174.58 feet; thence South 200 40' 16" East, 221.83 feet; thence South 070 51' 50" West 152.19 feet; thence North 890 30' 50" West, 531.39 feet, to the place of beginning. Excepting however, 2.346 acres conveyed to the City of Cape Girardeau, Missouri, by deed dated August, 1997 as recorded in Book 0929 at page 525. Also, that part of the Northeast Quarter of Section 15, Township 31 North, Range 13 East, in the County of Cape Girardeau, State of Missouri, described as follows: Commence at the Northeast corner of said Section 15, being also the common corner of Sections 10, 11 and U.S.P. Survey No. 2277; thence with the East line of said Section 15, South 000 56' 45" East, 1352.07 feet; thence leaving said East line, South 880 31' 51" West, 959.70 feet; thence North 010 22' 45" West, 135.38 feet to the point of beginning; thence North 770 25' 39" West, 245.72 feet; thence North 690 23' 08" West, 125.26 feet; thence North 100 41' 37" East, 337.40 feet; thence North 820 20' 51" East, 85.50 feet; thence North 890 58' 21" East, 247.09 feet; thence North 600 17' 18" East, 117.32 feet; thence South 150 35' 53" West, 518.09 feet to the point of beginning, containing 3.67 acres, more or less as recorded in Book 856 13 at page 086 in the land records of Cape Girardeau County, Missouri. Also, that part of the Northeast Quarter of Section 15, Township 31 North, Range 13 East, in the County of Cape Girardeau, State of Missouri, described as follows: Commence at the Northeast corner of said Section 15, being also the common corner of Sections 10, 11 and U.S.P. Survey No. 2277; thence with the East line of said Section 15, South 000 56' 45" East, 1352.07 feet; thence leaving said East line, South 880 31' 51" West, 959.70 feet; thence North 010 22, 45" West, 135.38 feet; thence North 770 25' 39" West, 245.72 feet; thence North 690 23, 08" West, 125.26 feet to the point of beginning; thence North 540 23' 08" West, 106.30 feet; thence North 720 31' 02" West, 208.62 feet; thence South 890 07' 15" West, 424.79 feet; thence North 250 07' 15" East, 170.88 feet; thence North 140 52' 45" West, 19.23 feet; thence North 790 52' 20" East, 335.98 feet; thence North 860 33' 27" East, 109.52 feet; thence South 580 00' 17" East, 94.89 feet; thence North 820 20, 51" East; 186.26 feet; thence South 100 41' 37" East, 337.40 feet to the place of beginning, containing 3.67 acres, more or less, as recorded in Book 908 at page 194 in the land records of Cape Girardeau County, Missouri. Also, that part of the North Half of the Northeast Quarter of Section 15, Township 31 North, Range 13 East in Cape Girardeau County, Missouri, described as follows: Commence at the Northeast corner of said Section 15 (stone); thence South 880 52' West along the section line 2204.0 feet to a 5/8 inch iron rod; thence South 90 52' West, 200.0 feet; thence South 450 52' West. 100.0 feet; thence South 510 52' West, 25.0 feet; thence South 20 08' East, 730.03 feet; thence North 540 12' East, 75.33 feet; thence North 890 30' East, 649.91 feet to the Northeast corner of a parcel of land described in Book 379 at page 685 and conveyed to a Bobbie Ray Welker for the point of beginning ( 1/2 inch iron rod); thence South 720 08' 17" East, 208.62 feet; thence South 10 00' East, 301.88 feet; thence South 890 30' West, 197.42 feet to the Southeast corner of said parcel described in Book 379 at 14 page 685; thence North 10 00' West along the East line of said parcel, 367.60 feet to the point of beginning. Containing 1.52 acres, more or less. Also, that part of the North Half of Section 15, Township 31 North, Range 13 East, Cape Girardeau County, Missouri, described as follows: Commence at the Northeast corner of said Section 15; thence South 880 52' West along the section line; 2204.0 feet; thence South 90 52' West, 100.0 feet for the point of beginning; thence South 480 07' 41" East, 164.36 feet; thence South 140 30' East, 46.59 feet; thence South 170 04' 03" East, 151.05 feet; thence North 750 50' West, 294.29 feet; thence North 20 08' West; 43.62 feet; thence North 510 52' East, 25.0 feet; thence North 450 52' East, 100.0 feet; thence North 90 52' East, 100.00 feet to the point of beginning, as recorded in Book 1146 at page 879 of the land records of Cape Girardeau County, Missouri. Also, that part of the Northeast Quarter of Section 15, Township 31 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, the State of Missouri, described as follows: Commence at the Northeast corner of said Section 15; thence South 880 24' 15" West with the North line of said Section 15, a distance of 734.03 feet to the point of beginning; thence continue South 880 24' 15" West, 1469.06 feet; thence South 090 22' 53" West, 99.31 feet to the northernmost corner of a tract described in Deed Book 508 at page 940 of the land records of Cape Girardeau County, thence South 480 28' 59" East, 164.36 feet; thence South 140 51' 18" East, 46.59 feet; thence South 170 25' 21" East, 344.67 feet to the southeast corner of a tract described in Deed Book 495 at page 230 of the land records of said Cape Girardeau County; thence South 66000136" West, 180.13 feet to the southernmost corner of said lot; thence South 030 23' 42" West, 123.65 feet; thence South 190 39' 41" West, 201.44 feet; thence North 890 07' 15" East, 212.44 feet; thence North 250 07' 15" East, 170.88 feet; thence North 140 52' 45" West, 19.23 feet; thence North 790 52' 20" East, 335.98 feet; thence North 860 33' 27" East, 109.52 feet; thence South 580 00' 17" East, 94.89 feet; thence North 820 20' 51" East, 271.76 feet; 15 thence North 890 58' 21" East, 247.09 feet; thence North 600 17' 18" East, 117.32 feet; thence North 540 55' 36" East, 82.18 feet; thence North 000 00' 00" East, 674.48 feet to the place of beginning, as recorded in Book 1147 at page 261 of the land records of Cape Girardeau County, Missouri. Also, that part of Section 15, Township 31 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, the State of Missouri, described as follows: Commence at the Northeast corner of said Section 15; thence South 880 24' 15" West, 74.98 feet to the place of beginning; thence South 00 00' 00" West, 715.00 feet; thence North 890 46' 53" West, 129.06 feet; thence South 600 47' 42" East, 3.42 feet; thence North 840 32' 57" West, 500.51 feet; thence South 540 55' 36" West, 42.12 feet; thence North 00 00' 00" East, 674.88 feet; thence North 880 241 15" East, 659.95 feet to the place of beginning. ALSO, that part of Section 15 and that part of U.S.P. Survey No. 2277 in Township 31 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, State of Missouri, described as follows: Begin at the Northwest corner of said U.S.P. Survey No. 2277; thence North 890 24' 14" East, 599.62 feet; thence South 00 00' 00, West, 744.74 feet; thence North 430 08' 41" West, 304.80 feet; thence South 360 21' O8" West, 251.05 feet; thence North 890 46' 53" West, 317.29 feet; thence North 00 00' 00" East, 715.00 feet; thence North 880 24' 15" East, 74.98 feet to the place of beginning. Containing 10.38 acres, more or less. ALSO That part of U.S.P. Survey No. 2277 in Township 31 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, State of Missouri, described as follows: Commence at the Northwest corner of said U.S.P. Survey No. 2277; thence North 890 24' 14" East, 599.62 feet, to the place of beginning; thence continue North 890 24' 14" East, 383.65 feet; thence South 170 41' 43" East, 213.92 feet; thence South 030 37' 04" East, 874.75 feet; thence South 800 32, 43" West, 172.19 feet; thence North 430 08' 41" West, 488.42 feet; 16 thence North 00 001 00" East, 744.74 feet to the place of beginning. (8) Whispering Oaks of Cape Girardeau, L.C., and NELFM, L.C. (Whispering Oaks Subdivision). a. Tract I. That part of the Southeast Quarter of Section 9, that part of the Southwest Quarter of Section 10, and that part of United States Private Survey No. 788, all in Township 31 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, the State of Missouri, described as follows: Begin at a the Northeast corner of the Southeast Quarter of the Southeast Quarter of said Section 9; thence North 890 01' 25" East, 642.09 feet, to a found iron pipe; thence continue North 89001125" East, 981.65 feet; thence South 000 00' 00" West, 362.85, to a point in the center of a branch; thence with said branch, South 230 45' 24" East, 266.66 feet; thence South 120 26' 36" West, 52.61 feet; thence South 09047109" East, 169.85 feet; thence South 110 32' 15" East, 188.47 feet; thence South 390 47' 49" East, 171.97 feet; thence South 450 42' 58" East, 156.67 feet; thence South 030 40' 51" East, 110.46 feet, to a point on the South line of said Section 10; thence with said line, South 890 27' 46" West, 762.43 feet to a found iron pin at the Northwest corner of Prestonwood Trails Subdivision as recorded in Plat Book 20 at page 90 of the Land Records of said County; thence North 040 52' 38" East, 254.83 feet, to a found stone; thence North 850 51' 16" West, 361.88 feet, to a found iron pin; thence South 100 43' 16" West, 1513.60 feet, to a found iron pin on the North right-of-way line of County Road No. 620; thence with said right-of-way line in a Northwest direction along the arc of a curve concave to the southwest, and having a radius of 1779.68 feet, a distance of 670.22 feet, (the chord of said arc bears North 73010103" West, 666.26 feet); thence leaving said road, North 070 08' 54" East, 17 with the East line of Bradley Heights Subdivision as recorded in Plat Book 7 at page 7 of the Land Records of said Cape Girardeau County, a distance of 606.49 feet, to a found iron pin; thence North 080 15' 09" East, 816.11 feet, to a found iron pin at the Northeast corner of a tract of described in Deed Book 860 at page 946 of said Land Records; thence North 880 33' 23" West, 1047.91 feet, to a found iron pin at the Northwest corner of said tract; thence North 080 15' 02" East, 915.29 feet, to a found iron pin on the North line of the Southeast Quarter of said Section 9; thence with said line, North 880 53' 35" East, 729.23 feet, to the point of beginning, and containing 85.12 acres, more or less, being subject to any easements of record and subject to that part within the County Road. b. Tract 11. That part of fractional Sections 9 and 10 in Township 31 North, Range 13 East of the Fifth Principle Meridian in the County of Cape Girardeau, the State of Missouri, described as follows: Begin at the Southeast corner of the Northeast Quarter of the Southeast Quarter of said Fractional Section 9; thence South 880 53' 35" West, 729.23 feet, to a found iron pin at the Northwest corner of Lot No. 22 of Whispering Oaks Subdivision as recorded in Plat Book 21 at page 35 of the Land Records of Cape Girardeau County; thence South 880 56' 51" West, 622.84 feet, to a found axle at the Southwest corner of a tract described in Book 260 at page 483 of the Land Records of said Cape Girardeau County; thence North 060 59' 23" West, 1454.40 feet, to a corner in the center of Gordon Branch; thence with said Branch, North 870 12' 09" East, 147.33 feet; thence North 790 26' 15" East, 53.16 feet, to a point from which an iron pin bears South 060 59' 23" East, 69.37 feet; thence leaving said Branch, South 060 59' 23" East, 501.79 feet; thence South 68058137" East, 845.54 feet; thence North 77042155" East, 1142.99 M feet; thence South 000 16' 52" East, 865.87 feet, to a found iron pipe at the Northeast corner of Lot No. 33 of said Whispering Oaks Subdivision; thence with the North line of said Subdivision, South 890 01' 25" West, 642.09 feet, to the point of beginning, and containing 39.31 acres, more or less, as shown on the accompanying plat. Subject to that part within County Road no. 618, and subject to any easements of record. c. Tract III. That part of fractional Section 10 in Township 31 North, Range 13 East of the Fifth Principle Meridian in the County of Cape Girardeau, the State of Missouri, described as follows: Commence at the Southeast corner of the Northeast Quarter of the Southeast Quarter of said Fractional Section 9; thence North 890 01' 25" East, 642.09 feet, to a found iron pipe at the Northeast corner of Lot No. 33 of Whispering Oaks Subdivision as recorded in Plat Book 21 at page 35 of the Land Records of Cape Girardeau County and the point of beginning; thence North 000 16' 52" West, 865.87 feet; thence North 650 07' 46" East, 457.41 feet; thence North 880 51' 00" East, 1632.94 feet; thence North 010 09' 00" West, 50.00 feet; thence North 010 21' 26" West, 199.00 feet; thence North 880 49' O8" East, 601.19 feet; thence South 380 40' 04" East, 375.55 feet; thence South 180 57' 03" East, 264.34 feet; thence South 050 55' 19" West, 545.24 feet; thence North 620 39' 15" West, 406.49 feet; thence North 720 58' 26" West, 114.15 feet; thence North 67°22' 36" West, 270.46 feet; thence South 840 54' 47" West, 327.60 feet; thence South 600 27' 55" West, 780.23 feet; thence South 610 12' OS" West, 24.85 feet; thence South 490 3S' 58" West, 229.14 feet; thence South 89001125" West, 981.65 feet to the point of beginning, and containing 57.49 acres, more or less, subject to any easements of record. (9) NELFM, L. c. (Whispering Oaks Subdivision). That part of fractional Section 10, Township 31 North, 19 Range 13 East, County of Cape Girardeau, State of Missouri, described as follows: Commence at the North corner of Lot 41 of Whispering Oaks, a subdivision on file in the Land Records of Cape Girardeau County in Plat Book 21 at Page 34, thence with the East line of said Lot South 230 45' 24" East, 57.21 feet, to the point of beginning; thence continuing South 23045124" East, 5.23 feet; thence leaving said line North 83008122" East, 232.09 feet; thence North 830 08' 22" East, 21.49 feet, to a point on the east line of an access easement; thence with said line, North 130 54' 40" West, 1.63 feet; thence North 010 41' 37" West, 89.44 feet; thence leaving said line South 870 20' 32" West, 104.28 feet; thence South 020 39' 28" East, 94.69 feet; thence South 830 08' 22" West, 152.05 feet, to the point of beginning and containing 10,690 square feet (0.25 acres), more or less, subject to any easements of record. (10) NORWALD, INC. THAT PART OF UNITED STATES PRIVATE SURVEY NO. 790, TOWNSHIP 31 NORTH RANGE 13 OF THE FIFTH PRINCIPAL MERIDIAN, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF FRACTIONAL SECTION 3 LOCATED ON THE EAST LINE OF UNITED STATES PRIVATE SURVEY NO. 790, AT A FOUND SQUARE CUT STONE WITH CUT CROSS MARK ON CORNER FOR THE POINT OF BEGINNING; THENCE NORTH 84053'56" WEST, 1072.50 FEET, TO A FOUND IRON PIN; THENCE NORTH 5047'22" EAST, 403.90 FEET, TO A FOUND IRON PIN; THENCE NORTH 84059'00" WEST, 2644.89 FEET, TO A FOUND SQUARE CUT STONE WITH CUT CROSS MARK ON CORNER; THENCE NORTH 3047'04" EAST, 415.10 FEET; THENCE SOUTH 89059'00" EAST, 2359.39 FEET; THENCE NORTH 83024'26" EAST, 1389.19 FEET; THENCE SOUTH 4058'46" WEST, 1100.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 49.71 ACRES, MORE OR LESS, AS INDICATED ON THE ACCOMPANYING PLAT. Pas] (11) Meyr Properties, L.P. All of that part of United States Private Survey No. 790, in Township 31 North, Range 13 East of the Fifth Principal Meridian, in the County of Cape Girardeau, State of Missouri, and more particularly described as follows: Commence at a 22'-" dia. iron pipe marking the Southwest corner of said United States Private Survey No. 790, thence with the south line of said Survey, South 83044123" East, 2615.89 feet, to a point where the South line of said U.S.P.S. 790 intersects the Easterly line of the Southeast University Foundation Property described in deed book 551, at page 569, thence with the east line of said Foundation Property, North 03020152" East, 1123.65 feet, to the point of beginning thence continue North 03020152" East, 900.38 feet, to a found square cut stone with a cut cross marking the Northwest corner of the surveyed parcel, from which a found square cut stone with a cross marking the Northeast Corner of the Foundation Property bears North 03047'04" East, 1727.49 feet, thence along the Northerly line of the surveyed tract, South 84059100" East, 2644.89 feet to a found z" dia. rod, thence South 05047122" West, 403.90 feet, thence South 84053156" East, 445.58 feet; thence South 24009121" West, 524.47 feet; thence North 84059100" West, 2886.85 feet, to the point of beginning, and containing 58.38 acres, more oz less, as indicated on the accompanying plat. (12) Jonah T. Yates and Margaret A. Yates That part of the Southeast Quarter of the Southwest Quarter of Section 13, Township 31 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, the State of Missouri described as follows: Begin at the Southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 13, said corner being marked by a found stone; thence with the South line said Section 13, North 890 37' 00" West, 558.54 feet; thence leaving said South line, North 20 13' 24" East, 255.81 feet; thence South 850 21' 45" East, 555.99 feet to a point on 21 the Quarter Section Line of said Section 13; thence with said Quarter Section Line, South 10 29' 14" West 214.47 feet to the Point of Beginning, and containing 3.00 acres more or less. (13) Fruitland Livestock Market, Inc. THAT PART OF UNITED STATES PRIVATE SURVEY NO. 790, IN TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the northwest corner of Fractional Section 10, Township 31 North, Range 13 East, at a found stone; thence North 84053156" West, 1,072.50 feet, to the point of beginning; thence South 12055104" West, 507.97 feet; thence North 84059100" West, 934.56 feet; thence North 08015141" East, 908.46 feet; thence South 84059100" East, 958.41 feet, to a found iron pin; thence South 05047122" West, 403.90 feet, to the point of beginning, and containing 20.00 acres, more or less, as shown on the accompanying plat. Subject to any easements of record. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. 22 PASSED AND APPROVED THIS DAY OF 20 ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 23 Agenda: November 15, 2010 Staff: Ken Eftink, Assistant City Manager/ Director of Development Services SUBJECT An Ordinance Accepting a Sanitary Sewer Easement on the Clippard School property from Dr. James Welker, Superintendent of Cape Girardeau School District No. 63 EXECUTIVE SUMMARY The attached ordinance would accept a permanent sanitary sewer easement from the School District for the relocation of a sewer line on the Clippard School property. BACKGROUND/DISCUSSION The Cape Girardeau School District is planning an addition to Clippard School on Hopper Road. The proposed addition necessitates the relocation of a sanitary sewer line. The School District has executed a Sanitary Sewer Easement to accommodate the relocated sanitary sewer line. The attached ordinance would accept the Sanitary Sewer Easement. FINANCIAL IMPACT There is no financial impact. The School District will relocate the sanitary sewer line as part of their construction project. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The sanitary sewer line needs to be relocated so that the City will have access to the sewer line for maintenance purposes. STAFF RECOMMENDATION The staff recommends that the Council approve first reading of this ordinance. ATTACHMENTS • BILL NO. 10-163, Ordinance Accepting Sanitary Sewer Easement • Plat showing sanitary sewer easement area BILL NO. 10-163 ORDINANCE NO. AN ORDINANCE ACCEPTING A SANITARY SEWER EASEMENT ON THE CLIPPARD SCHOOL PROPERTY FROM DR. JAMES WELKER, SUPERINTENDENT OF CAPE GIRARDEAU SCHOOL DISTRICTNO. 63 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hereby accepts a sanitary sewer easement granted by Dr. James Welker, Superintendent of Cape Girardeau School District No. 63, conveying an easement to the City of Cape Girardeau, Missouri for the realignment of a sanitary sewer line, more particularly described as follows, to -wit: LOCATED IN LOT 2 OF JOHN B. JORROW'S SUBDIVISION OF THE EAST PART OF OUTLOT 78A OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 31 NORTH, 1tANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A strip of land being twenty (20) feet wide, lying ten (10) feet on each side of the following described casement centerline: Commencing at a point on the south line of a tract of land as recorded in Book No. 209 at Page No. 343 of the land records of the Count}Recorder's Office from which point the southeast corner of said tract of land bears, S 82° 09'00" E, 339.16 feet, said point being on the north right of way line of Hopper Road and being on the centerline of a sanitary sewer easement in favor of the City of Cape Girardeau. Thence along said centerline, N 02° 06' 11' F., 167.21 feet to the POINT OF BEGINNING; Thence leaving said centerline, N 49° 01'36" E, 224.30 feet; thence N 35° 51' 10" E, 156.46 feet to the centerline of the aforesaid sanitary sewer casement and there terminating. 'the sidelines of said easement being prolonged or shortened to terminate at the westerly sideline of the aforesaid sanitary sewer easement in favor of the City of Cape Girardeau_ ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF .2010. AT -FEST: Gayle L. Conrad City Clerk Harry E. Rediver h4ayor Page 1 of I i CAPE GIRARDEAU SCHOOL DISTRICT N0. 63 12.0 ACRE TRACT BK. 209, PG. 343 CENTERLINE 20' WIDE S! SEWER EASEMENT POINT Of COMENCEMENT - -_ •.-.... •.-..-...... S.E. CORNER OF - HOPPER RpAD _ BK 209 - PG 343 \ 'r---------- - ......... _ -1---_--_ ------ _ - S 82°09'00'�F 3J9.t9' r r r -- f-------_ HILPAL,E E5f Af E5 PD. 7> PG- 11 SANITARY SEWER EASEMENT TO BE VACATED EXISTING BUILDING CENTERLINE EXISTING SANITARY SEWER EASEMENT Agenda: November 15, 2010 Staff: Ken Eftink, Assistant City Manager / Director of Development Services SUBJECT An Ordinance Accepting a Quit Claim Deed, Temporary Construction Easements and a Permanent Slope Easement from the State of Missouri Needed for Veterans Memorial Drive Through the Veteran's Home Property on North Kingshighway. An Ordinance Authorizing the Mayor to Execute a Quit Claim Deed to the State of Missouri Releasing any Interest in an Easement Through the Veteran's Home Property. EXECUTIVE SUMMARY The State of Missouri executed a Quit Claim Deed for the right-of-way, temporary construction easements and a permanent slope easement needed for Veterans Memorial Drive through the Veteran's Home property on North Kingshighway. The attached ordinance accepts this property and these easements by the City. A 100 -foot wide easement for roadway purposes was contained in a deed originally transferring the property to the State for the Veteran's Home. Not all of this easement area was needed for the road, so the City is transferring any interest it has in the excess area back to the State. BACKGROUND/DISCUSSION The State of Missouri acquired the property for the Veteran's Home in 1986. The deed to the property reserved a 100 -foot wide strip of land along I-55 for roadway purposes. During acquisition of property for Veterans Memorial Drive between Kingshighway and Scenic Drive, the State agreed to deed fee simple interest to the City for the portion of the Veteran's Home property that was needed for the road. At that time the State requested that any part of the 100 -foot wide easement that was not needed for the road be released from that encumbrance. The City has now received a Quit Claim Deed from the State transferring the property needed for Veterans Memorial Drive to the City. The attached ordinance accepts this deed for the City. Also attached is an ordinance authorizing the Mayor to sign a Quit Claim Deed releasing any interest in the roadway easement contained in the deed transferring the property to the State. Since the transfer of property from the State to the City required State legislative action, the State executed a lease to the City so that work could begin on Veterans Memorial Drive prior to the execution of a deed and easements. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS It is in the best long term interest of the City to have fee simple interest underlying Veterans Memorial Drive and to release any property not needed for the road back to the State. STAFF RECOMMENDATION The staff recommends that the Council approve first reading of these two ordinances. ATTACHMENTS • BILL N0. 10-161, Ordinance Authorizing the Mayor to Execute a Quit Claim Deed to the State of Missouri BILL NO. 10-162, Ordinance Accepting Quit Claim Deed, Temporary Construction Easements and a Permanent Slope Easement from the State of Missouri Plats showing areas released from easement encumbrance BILL NO. 10-161 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO THE STATE OF MISSOURI RELEASING INTEREST IN AN EASEMENT ON THE VETERAN'S HOME PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Quit Claim Deed to the State of Missouri releasing any interest in an easement created in a General Warranty Deed recorded in the Cape Girardeau County Recorder's Office at Book 452, page 71, more particularly described as follows: THE WEST 100 FEET OF A TRACT OF LAND RECORDED IN BOOK NO. 452 AT PAGE NO. 71 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PART OF SECTION 22, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE 5TH P.M., COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the southwest corner of Section 22; thence S 88° 06' 57" E, 1545.91 feet along the south line of Section 22 to the east right of way line of Interstate Highway 55; thence N 21' 45' 00" W, 1388.03 feet along the east right of way line to a right of way marker; thence N 20° 47'45" W, 35.64 feet along the east right of way line to the TRUE POINT OF BEGINNING; thence N 20° 47'45" W, 564.93 feet along the east right of way line to a right of way marker; thence N 19° 55'45" W, 595.95 feet along the east right of way line; thence N 48° 08' 11 " E, 439.0 feet to a 4" concrete monument; thence N 89° 19' 06" E, 216.65 feet to the south right of way line of Missouri State Highway 61; thence along the south right of way line of Missouri Route 61 the following courses and distances:S 59° 29'25" E, 182.79 feet to an iron pin; N 30° 30' 35" E, 105 feet to an iron pin; southeasterly 410.24 feet along a curve concave to the southwest having a radius 2789.79 feet to a right of way marker; S 50° 34' 25" E, 198.0 feet to the northeast corner of the Memorial Park Cemetery tract; thence leaving the south line of Missouri Route 6I, S 39° 26'08" W, 1320.01 feet to the point of beginning, containing 21.34 acres more or less. The above described tract is subject to a 100 foot wide easement for roadway and utilities, which adjoins and is parallel with the west line, lying 100 feet easterly thereof, and which terminates on the north and south property lines of the above described tract. SAID WEST 100 FEET OF BOOK NO. 452 AT PAGE NO. 71 CONTAINING 114,902 SQUARE FEET. Page 1 of 3 EXCEPTING THEREFROM, the following described Veterans Memorial Drive Right of Way Tract. A PART OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 31 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest comer of a tract of land as recorded in the land records of the County Recorder's Office in book no. 702 at page no. 244, said point being at the intersection of the south line of Section 22 with the easterly right of way line of Interstate Route 55, from which point a 5/8" iron pin at the south quarter corner of Section 22 bears, S 89° 07' 59" E, 1121.26 feet, said point of commencement being 130.00 feet easterly of and normal to the centerline of Interstate Route 55, station 1065+46.97; Thence along said right of way line, N 21' 17'45" W, 1385.92 feet to the southwest comer of a tract of land as recorded in book no. 452 at page no. 71, said point being 130.00 feet easterly of and normal to the centerline of Interstate Route 55, station 1051+61.04, and being the TRUE POINT OF BEGINNING; Thence continuing along said right of way the following courses and distances: N 21' 17'45" W, 561.05 feet to a point being 130.00 feet easterly of and normal to the centerline of Interstate Route 55, station 1046+00.00; Thence N 181 47'27" W, 461.53 feet to a point being 150.17 feet easterly of and normal to the centerline of Interstate Route 55, station 1041+38.91, said point being the beginning of curve concave to the southeast having a central angle of 44° 15' 16" and a radius of 230.00 feet; Thence leaving said right of way line and along said curve in northwesterly and northeasterly direction, 177.65 feet; Thence N 25° 27' 49" E, 127.92 feet to a point on the north line of a tract of land as recorded in book no. 677 at page no. 395; Thence along said north line, N 64° 38'07" E, 94.99 feet; Thence leaving said north line, S 25° 27' 49" W, 201.56 feet to the beginning of a curve concave to the southeast having a central angle of 44° 15' 16" and a radius of 170.00 feet; Thence along said curve in a southwesterly and southeasterly direction, 131.31 feet; Thence S 18° 47' 27" E, 460.21 feet; Thence S 21 ° 17'45" E, 526.95 feet to a point on the south line of the afore said tract of land; Thence along said south line, S 40° 02' 58" W, 68.37 feet to the true point of beginning, containing 79,445 square feet. ALSO, EXCEPTING THEREFROM, THE FOLLOWING DESCRIBED PERMANENT SLOPE EASEMENT FOR VETERANS MEMORIAL DRIVE. A PART OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 31 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 702 at page no. 244, said point being at the intersection Page 2 of 3 of the south line of Section 22 with the easterly right of way line of Interstate Route 55, from which point a 5/8" iron pin at the south quarter corner of Section 22 bears, S 89° 07' 5911E, 1121.26 feet, said point of commencement being 130.00 feet easterly of and normal to the centerline of Interstate Route 55, station 1065+46.97; Thence along said right of way line, N 21' 17'45" W, 1385.92 feet to the southwest comer of a tract of land as recorded in book no. 452 at -page no. 71, said point being 130.00 feet easterly of and normal to the centerline of Interstate Route 55, station 1051+61.04; Thence leaving said right of way line and along the south line of said tract, N 40° 02' 58" F., 68.37 feet to the TRUE POINT OF BEGINNING; Thence continuing along said south line, N 40° 02'58" E, 17.09 feet; Thence leaving said south line, N 21' 17'45" W, 16.25 feet; Thence N 23° 42' 15" E, 70.71 feet; Thence N 21' 1 T 45" W; 189.01 feet; Thence N 13' 41'46" E, 61.03 feet; Thence N 21° 1T 45" W, 6.85 feet; Thence N 74° 25'33" W, 75.46 feet; Thence N 17° 11'40" W, 144.13 feet; Thence N 31° 45'20" W, 47.14 feet; Thence N 23° 21'53" W, 126.01 feet; Thence N 24° 47'59" W, 96.45 feet; Thence S 71' 12'33" W, 19.94 feet; Thence S 18° 47'27" E, 252.05 feet; Thence S 21 ° 1745" E, 526.95 feet to the true point of beginning, containing 37,936 square feet. THE WEST 100 FEET OF BOOK NO. 452 AT PAGE NO. 71 CONTAINS 114,902 SQUARE FEET. EXCEPT, 70,389 SQUARE FEET OF THE VETERANS MEMORIAL DRIVE RIGHT OF WAY TRACT DESCRIBED ABOVE AND LYING IN THE WEST 100 FEET OF BOOK NO. 452 AT PAGE NO. 71. ALSO EXCEPT, 28,081 SQUARE FEET OF THE PERMANENT SLOPE EASEMENT FOR VETERAN'S MEMORIAL DRIVE DESCRIBED ABOVE AND LYING IN THE WEST 100 FEET OF BOOK NO. 452 AT PAGE NO. 71. LEAVING A TOTAL OF 16,432 SQUARE FEET. ARTICLE 2. This ordinance will be in full force and effect ten days after its passage and approval. PASSED AND ADOPTED THIS DAY OF 2010. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor Page 3 of 3 BILL NO. 10-162 ORDINANCE NO. AN ORDINANCE ACCEPTING A QUIT CLAIM DEED, TEMPORARY CONSTRUCTION EASEMENTS, AND A PERMANENT SLOPE EASEMENT FROM THE STATE OF NSSOURI FOR VETERANS MEMORIAL DRIVE ON THE VETERAN'S HOME PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE QTY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hereby accepts a Quit Claim Deed executed by Jeremiah W. (Jay) Nixon, Governor of the State of Missouri, acting for and in behalf of the State of Missouri, conveying property to the City of Cape Girardeau, Missouri for Veterans Memorial Drive, more particularly described as follows, to -wit: A PART OF THE SOUTHWEST QUAR'T'ER OF SECTION 22, TOWNSHIP 31 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a 5/8" iron pin (found) at the south quarter comer of Section 22; Thence N 89° 07' 59" W, 1,121.26 feet along the south line of the southwest quarter to a point on the east right of way line of Interstate 55, said point being 130.00 feet easterly of and normal to Interstate 55 centerline station 1065+46.97; Thence along said right of way line, N 210 17'45" W, 1,385.92 feet to the southwest corner of a tract of land as recorded in book no. 452 at page no. 71 of the land records of the County Recorder's Office, said point being the TRUE POINT OF BEGINNING: Thence continuing along said right of waythe following courses and distances: N 21° 17'45" W, 561.05 feet to a point being 130.00 feet easterly of and normal to the centerline of Interstate Route 55, station 1046+00.00; Thence N 18° 47'27" W, 461.53 feet to a point being 150.17 feet easterly of and normal to the centerline of Interstate Route 55, station 1041+38.91, said point being the beginning of curve concave to the southeast having a central angle of 44° 15' 16" and a radius of 230.00 feet; Thence leaving said right of way line and along said curve in northwesterly and northeasterly direction, 177.65 feet; Thence N 25° 27'49" E, 127.92 feet to a point on the north line of a tract of land as recorded in book no. 677 at page no. 395; Thence along said north line, N 64° 38' 07" E, 94.99 feet; Thence leaving said north line, S 250 27'49" W, 201.56 feet to the beginning of a curve, concave to the southeast, having a central angle of 44° 15' 16" and a radius of 170.00 feet; Thence along said curve in a southwesterly and southeasterly direction, 131.31 feet; Thence S 180 47'27" E, 460.21 feet; Thence S 21° 17'45" E, 526.95 feet to a point on the south line of the afore said tract of land; Thence along said south line, S 40° 02'58" W, 68.37 feet to the True Point of Beginning, containing 1.82 acres more or less. (79,445 square feet) ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts Temporary Construction Easements granted by Jeremiah W. (Jay) Nixon, Governor of the State of Missouri, acting for and in behalf of the State of Missouri, conveying an easement to the City of Cape Girardeau for Veterans Memorial Drive, more particularly described as follows, to -wit: A PART OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 31 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF Page 1 of 3 CAPE GIRARDEAU STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a 5/8" iron pin (found) at the south quarter corner of Section 22; Thence N 8907' 59" W, 1,121.26 feet along the south line of the southwest quarter to a point on the east right of way line of Interstate 55, said point being 130.00 feet easterly of and normal to Interstate 55 centerline station 1065+46.97; Thence along said right of way line, N 210 17'45" W, 1;385.92 feet to the southwest comer of a tract of land as recorded in book no. 452 at page no. 71 of the land records of the County Recorder's Office; Thence N 400 02'58" E, 68.37 feet along the south line of said tract to the TRUE POINT OF BEGINNING; Thence continuing along said south line, N 400 02'58" E, 28.49 feet; Thence leaving said south line, N 210 17'45" W, 6.64 feet; Thence N 231 42' 15" E, 70.71 feet; Thence N 21' 17'45" W, 190.00 feet; Thence N 13° 41'46" E, 61.03 feet; Thence N 21° 17'45" W, 15.00 feet; Thence N 740 25'33" W, 75.00 feet; Thence N 17° 11'40" W, 139.95 feet; Thence N 310 45'20" W, 47.68 feet; "Thence N 230 21'53 " W, 125.40 feet; Thence N 240 47'59" W, 95.52 feet; Thence N 18° 47'27" W, 30.00 feet; Thence N 16° 12'05" E, 61.03 feet; Thence N 40135'32" W, 107.70 feet; Thence N 110 40' 11" W, 98.75 feet; Thence N 200 44'52" E, 75.25 feet; Thence S 680 47' 12" E, 73.68 feet; Thence N 210 12'53" E, 62.05 feet; Thence S 900 00' 00" E, 29.70 feet; Thence N 00 00'00" E, 87.43 feet; Thence S 90° 00'00" E, 181.00 feet; Thence N 00 04' 00" W, 77.90 feet to a point on the south line of a tract of land as recorded in book no. 691 at page no. 299; Thence along said south line S 890 55'56" W, 173.35 feet to the northeast comer of a tract of land as recorded in book no. 677 at page no. 395; Thence along the north line of said tract, S 640 38'07" W, 81.56 feet; Thence leaving said north line, S 250 27'49" W, 201.56 feet to the beginning of a curve concave to the southeast having a central angle of 44° 15' 16" and a radius of 170.00 feet; Thence along said curve in a southwesterly and southeasterly direction, 131.31 feet; Thence S 180 47'27" E, 460.21 feet; Thence S 21° 17'45" E, 526.95 feet to the point of beginning, containing 2.07 acres more or less. (90,353 square feet) ALSO: APART OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 31 NORTH RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, QTY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a 5/8" iron pin (found) at the south quarter corner of Section 22; Thence N 89'07' 59" W, 1,121.26 feet along the south line of the southwest quarter to a point on the east right of way line of Interstate 55, said point being 130.00 feet easterly of and normal to Interstate 55 centerline station 1065+46.97; Thence along said right of way line, N 21° 17'45" W, 1,385.92 feet to the southwest comer of a tract of land as recorded in book no. 452 at page no. 71 of the land records of the County Recorder's Office, said point being 130.00 feet easterly of and normal to the centerline of Interstate Route 55, station 1051+61.04; Thence N 21° 17'45" W, 561.05 feet to a point being 130.00 feet easterly of and normal to the centerline of Interstate Route 55, station 1046+00.00; Thence N 18° 47'27" W, 461.53 feet to a point being 150.17 feet easterly of and normal to the centerline of Interstate Route 55, station 1041+38.91, said point being the beginning of curve concave to the southeast having a central angle of 44° 15' 16" and a radius of 230.00 feet and being the TRUE POINT OF BEGINNING; Thence leaving said right of way line and along said curve in northwesterly and northeasterly direction, 177.65 feet; Thence N 25° 27'49" E, 127.92 feet to a point on the north line of a tract of land as recorded in book no. 677 at page no. 395; Thence along said north line, S 64° 38'C7" W, 71.24 feet; Thence leaving said north line, S 25'27'49" W, 5.33 feet; Thence S 05° 42'42" W, 113.00 feet; Thence S 29° 40' 55" W, 44.31 feet to the east right of way line of Interstate Route 55; Thence along said right of way line, S 18° 47'27" E, 107.95 feet to the point of beginning, containing 0.13 acres, more or less. (5,743 square feet) Page 2 of 3 A PART OF THE NORTHWEST QUARTER AND A PART OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 31 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, QTY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a point on the south right of way line of U.S. Route 61, said point being 275.00 feet southwesterly of and normal to the centerline of the north bound lane of U.S. Route 61, station 911+51.76, said point also being at the intersection of said right of way line and the east line of a tract of land as recorded in the land records of the County Recorder's Office in book no. 630 at page no. 151, Thence along said south right of way line, S 58° 54'45" E, 11.58 feet to the TRUE POINT OF BEGINNING; Thence continuing along said south right of way line, S 580 54'45" E, 60.00 feet; Thence leaving said right of way line, S 31° 05' 15" W, 140.00 feet; Thence N 58° 54' 45" W, 60.00 feet; Thence N 31° 05' 15" E, 140.00 feet to the point of beginning, containing 0.19 acres more or less. (8,400 square feet) ARTICLE 3. The City of Cape Girardeau, Missouri hereby accepts a Permanent Slope Easement granted by Jeremiah W. Uay) Nixon, Governor of the State of Missouri, acting for and in behalf of the State of Missouri, conveying an easement to the City of Cape Girardeau for Veterans Memorial Drive, more particularly described as follows, to -wit: APART OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 31 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a 5/8" iron pin (found) at the south quarter corner of Section 22; Thence N 890 07' 59" W, 1,121.26 feet along the south line of the southwest quarter to a point on the east right of way line of Interstate 55, said point being 130.00 feet easterly of and normal to Interstate 55 centerline station 1065+46.97; Thence along said right of way line, N 21° 17'45" W, 1,385.92 feet to the southwest comer of a tract of land as recorded in book no. 452 at page no. 71 of the land records of the County Recorder's Office; Thence N 40° 02' 58" E, 68.37 feet along the south line of said tract to the TRUE POINT' OF BEGINNING; Thence continuing along said south line, N 40' 02' 58" E, 17.09 feet; Thence leaving said south line, N 21° 17'45" W, 16.25 feet; Thence N 23°42'15" E, 70.71 feet; Thence N 21 ° 1745" W, 189.01 feet; Thence N 13" 41'46" E, 61.03 feet; Thence N 21 ° 17' 45" W, 6.85 feet; Thence N 74° 25'33" W, 75.46 feet; Thence N 17° 11'40" W, 144.13 feet; Thence N 31° 45'20" W, 47.14 feet; Thence N 23° 21'53" W, 126.01 feet; Thence N 24° 47'59" W, 96.45 feet; Thence S 71°12'33" W, 19.94 feet; Thence S 180 4727" E, 252.05 feet; Thence S 210 17'45" E, 526.95 feet to the True Point of Beginning, containing 0.87 acres more or less. (37,936 square feet) ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 2010. ATTEST: Gayle L. Coned City Clerk natty E. Rediger Mayor Page 3 of 3 ' MivAME RIGA, / L101 ELR,P0R. -`:ON / �` •BOOK. 4i': - ..-'� 4:55 Q� i \ % / v, - NOTE NOTE: \ % RIGHT OF WAY SHADED AREA DEPICTS THE EASEMENT O 79,445 SO. FT. TRACT AREA EXCLUSIVE OF PROPOSED RIGHT OF WAY AND PROPOSED PERMANENT 2500.6_ SLOPE EASEMENTS 50. FT. LINE DIMENSION TABLE t NO. BEARING 3.383.5 DISTANCE 1 N 25°27'49" E 127.92' 2 N 64°38'07" E 94.99' 3 S 25°27'49" W 201.56' 4 S 40°02'58" W 68.37' 5 N 18°47'27" W 126.37' 6 N 64°38'07" E 84.31' 11 N 18°47'27" W 107.95' 15 N 64°38'07" E 71.24' 16 N 24°47'59" W 96.45' 28 S 89°55'56" W 173.35' 29 S 64°38'07" W 81.56' 30 N 40°02'58" E 17.09' 31 N 21'17'45" W 16.25' 32 N 23°42'15" E 70.71' 33 N 21°17'45" W 189.01' 34 N 13°41'46" E 61.03' 35 N 21°17'45" W 6.85' 36 N 74°25'33" W 75.46' 37 N 17°11'40" W 144.13' 38 N 31°45'20" W 47.14' 39 N 23°21'53" W 126.01' 40 N 71°12'33" E 19.94' CURVE DIMENSION TABLE NO. RADIUS DELTA LENGTH TANGENT C1 230.00 44°15'16" 177.65 93.52 C2 170.00 44°15'16" 131.31 69.12 WEST 100' OF �A. BK 452 - PG 71 \ ®�� 1-1 .111. sea,°; P-0 Mo saeso Consulting Engineers Land Surveyors °°" °"'° cx - 1 °.: 9SCALE! ENGINEERING&SURVEYING Testing Laborato$11EFTNO w V 3.383.5 Z \ " SO. FT. c \ f a 7 '\ / n \ s'. i i s ®�� 1-1 .111. sea,°; P-0 Mo saeso Consulting Engineers Land Surveyors °°" °"'° cx - 1 °.: 9SCALE! ENGINEERING&SURVEYING Testing Laborato$11EFTNO w Agenda: November 2A, 2010 Staff: Ken Efrink, Assistant City Manager/ AGENDA REPORT Development Services Director Cape Girardeau City Council SUBJECT Ordinance approving the record plat of the Thorngate Subdivision. EXECUTIVE SUMMARY The owner of the property located at 1507 Independence Street has submitted a record plat to divide the property into two lots. Acceptable plats have been submitted. BACKGROUND/DISCUSSION Mitch Robinson has been working with the State and others for several months to facilitate the sale of the Thorngate building and property on Independence Street. One of the provisions of the agreement is to split the Thorngate property into two lots in order to make the sale to two different companies. Because of the time sensitive nature of this important economic development project, staff has been working with the property owner and their surveyor to get the plat submitted to the Planning and Zoning Commission and to you for an expedited approval process. The parties involved would like to close on the property before the end of the year. STAFF RECOMMENDATION Staff recommends approval of this subdivision. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended approval of the Thorngate Subdivision plat at their meeting on November 10, 2010 a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS BILL NO. 10-170, Ordinance approving record plat Aerial Map Subdivision Plat BILL NO. 10-170 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF THORNGATE SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Thorngate Subdivision, being Part of Lot 31 of Henderson's Subdivision, Part of Outlots "F", 10, 27, 40 and 41 of Survey No. 2199, Township 30 North, Range 14 East in the City of Cape Girardeau in Cape Girardeau County, Missouri, submitted by Blair Leasing, LLC, by Ron Unterreiner, Managing Member, bearing the certification of Timothy J. Sander, a Registered Land Surveyor, dated November 4, 2010, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk T� • r\ Record Plat of: Thorngate Subdivision Part of Lot 31 of Henderson's Subdivision, Part of Outlots 10, 27, 40 and 41 of Survey 2199, Township 30 North, Range 14 East _ TI in the City of Cape Girardeau in Cape Girardeau County, Missouri SBO• C X I 1 bOb (nW W$g U r 0_ _ 563ob" h 8aflsl _ --' — t Rig,,"Enc 1 P A $ R $ § W $ n T- _ •ootp•E 6sRsa. - - (FP,me o/ Wa y a Coni TAY /R 0, um;ry TY B I 8 Euremmt /NEN It, Baa f •U ei b 2 Bmlalo. S.t7 ^ F 00 173-0ry $ 'E6•E �6' `: � s � �. N8J•Ob00•v W i C (NIS Wlllla I 100.OK I< (BO I I ZON/NC =M. (D•0. NO TotalArea _ / (BOOK K I - 9.547Acres ± I .-1 130) lND sa( O,,,I. CME NO �� yI 51REET 10.0' LO � SuUdi , t I SSWPo too T-1 I 0 LOT- l L NPAoer I i. )9RAon 120 Po'kin 7. (No HPRBk 'tet Real ' I (V (Uoc GUO­tt .200q799 , LLC) F � N, O) y2r I 1 16- yQ 2Op9'099i) NB6'14'30'E 2W PorRin9 Statla r ,v BUT01B9 3°tAOe�,�,i YY 91.111 I g M,Wso PuUAI, �) _ LT9lT saw -19`15 b. WB'' P(W°tl ALAI K m' I i`I I, I la.o' I R � I v4.46z3 ti. B _yII 1 -IIl w.o I Il ) LI 251C.M0L—'eg89iTT9—R9'3. tR'E"_2i(14Y9S 1UaP4' 1 HIO_C_R•_^ _J 1T4�3014'A)_�11 'P4�t,Pa64 0 ) ID,Rh I 1 I EST A�= f2N0LD TPe mL. AjwvCEGr.I Satl°r Iel Riµhl„jl✓L we,I (VEW�SECOND SUED❑po; LSRet. (`S ZP-r 13) 360J(BOOK 19V.'.' q, se 00 _ ___________________ Trvt VA rood, OK 126,F"r, SURVEY CERTFlCADW I I THIS IS TO CERTIFY THAT I HALE SURWYFD TIE I I I d 1 OE lANO ANO HAVE PREPARED TME ,WNEOD PU CORRECT REPRESVITAIIOU OF SAID SURVEY, TO 1 1 e I AND THAT SAID Pi -At AND SURY£Y K E DIXIE W OURRENT MINIMUMS FOR LAID SURVEYS IN THE S SYMBWS LEGEND I I SURVEYS AS SET OUT BY THE MISSOURI DEPARTM D I 1. NORM PER OEED RECORD AND RECORD PUT ” SOUTH RIGHT CF (AND SURVEY DIVISION, STATE 6 MI55WRI EFFE< I. " 1/2' WON HODS (NO), C I WAY UNE OF INDEPENDENCE STREET (N BOTOoo• W). 2 • - 1/2• IRON RODS (SET). 1 2 ABSTRACT K DTE. 1 PH' NALL$ (MD). I j I I 1 RECORD PUTS (PLAT BOOK oI, PALE 10 AND MT BOCK 02 PACE 13). OCNE T115 jp, DAY CF NOl£YBER. 201 4. e - CDTTON PKXM SPINDUS (SET). 4. (NTS) - NOT TO SCALE. S P.O.B. " PONT OF BEGINNING. S E - COTTON PIG(EN SPWOIES (MO). 1 W 6. P.O,C. " POINT C L MENCEMENT. •: ON CONCRETE (SET) INOW OR IA LY. CRE T. . _ •: ON CONTE (("o),6. PC PONTOF OUR , SUBJECT Resolution authorizing the City Manager to enter into a contract with Preferred Resource Network, Inc. d/b/a Personal Assistance Services for an Employee Assistance Program. EXECUTIVE SUMMARY The City's current provider of employee counseling support will no longer provide services beyond January 1, 2011. The six-month agreement will allow the continuation of services while the City conducts a competitive request for services. BACKGROUND/DISCUSSION For over ten years the City has contracted with Regional Employee Assistance Program for employee counseling support for personal and work-related issues. Effective January 1", 2011, Regional Employee Assistance Program will no longer offer these services. This is a unique type of business for Cape Girardeau and the Director of Regional Employee Assistance Program has worked with the City to transition the services to a different carrier, Personal Assistance Services. The attached six-month contract will continue the same level of services at the same cost with Personal Assistance Services. The six months will enable staff to conduct a competitive request for proposals in order to select a venclor. FINANCIAL IMPACT The six-month contract is for $2,644.80, which fits the 2010/2011 approved budget. STAFF RECOMMENDATION Staff recommends adoption of the resolution authorizing the City Manager to enter into a contract with Personal Assistance Services for employee counseling support. ATTACHMENTS • BILL NO. 10-173, Resolution approving contract with PAS • Contract BILL NO. 10-173 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PREFERRED RESOURCE NETWORK, INC., D/B/A PERSONAL ASSISTANCE SERVICES. FOR AN EMPLOYEE ASSISTANCE PROGRAM 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 an Agreement with Preferred Resource Network, Inc., d/b/a Personal Assistance Services, for an employee assistance program. A copy of the Agreement is attached hereto and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 1st day of January, 2011, by and between Preferred Resource Network, Inc. dba Personal Assistance Services, a private corporation with its principal place of business at 9735 Landmark Parkway, Suite 17, St. Louis, MO 63127 on behalf of itself and all of its divisions and affiliates, as the same may be constituted from time to time, (hereinafter referred to as "PAS") and The City of Cape Girardeau with its business office at 401 Independence, Cape Girardeau, MO 63702 (hereinafter referred to as "CITY"). WHEREAS, CITY is desirous of establishing an Employee Assistance Program (EAP) for its employees and their family members hereinafter referred to as "Subscriber", and; WHEREAS, PAS is a professional firm specializing in EAP service provision and has a trained staff (consisting of employees and of Affiliate Providers as hereinafter defined) to provide EAP services to CITY Subscribers, and; WHEREAS, PAS is desirous of providing an EAP as required by CITY; NOW, THEREFORE, in consideration of the mutual terms, conditions and covenants hereinafter set forth, the parties agree as follows: TO -WIT: ARTICLE I - TERM OF CONTRACT 1.1 Contract Term. The initial term of this Agreement shall be for a period of six (6) months commencing on the I" day of January 2011 and continuing up to and including June 30, 2011. 1.2 Amendment or Termination. Either party may terminate or amend this Agreement upon providing the other party with at least ninety (90) days prior written notice. The rate will be subject to renegotiation in the event that the overall rate of utilization of services exceeds 87o or there is a significant change in the plan design. ARTICLE II - COMPENSATION 2.1 Consideration. CITY shall pay PAS a monthly capitated fee of One Dollar and Sixteen Cents ($1.16) per Subscriber. Based on 380 eligible full-time employees the total fee shall be Two Thousand, Six Hundred Forty -Four Dollars and Eighty Cents ($2,644.80), payable in monthly installments of Four Hundred, Forty Dollars and Eighty Cents ($440.80), which shall constitute full and complete compensation for services under this Agreement. The parties agree that the number of eligible employees covered under this Agreement may change over time and that the fee would be pro -rated and adjusted accordingly. 2.2 Billing. PAS shall send an itemized bill to: Lori Meyer Human Resources The City of Cape Girardeau PO Box 617 Cape Girardeau, MO 63702 2.3 Payment. Remittance is due upon receipt of the invoice — net 10 days to Preferred Resource Network, Inc. d/b/a Personal Assistance Services, 9735 Landmark Parkway, Suite 17, St. Louis, MO 63127, Fed. ID 43-1613278. 2.4 Limitation of Payment. CITY will compensate PAS for the amount specified in 2.1 above and 3.1 D below. ARTICLE III - SCOPE OF SERVICES 3.1 EAP Services. PAS and its affiliates shall provide EAP case management services to CITY and Subscribers as requested by CITY, in accordance with Paragraph 3.1, Items A through N herein. The services shall include the following: A. Policy and Procedure Development. PAS agrees to assist CITY in updating, as necessary, a policy regarding personal problems that affect on-the- job work performance, which is coordinated with CITY existing general personnel policies and performance management procedures. PAS will maintain procedures for access to the EAP that best meet the needs of CITY. Referral procedures will be developed for Subscriber self -referral, supervisory referral/job performance referral, and medical/drug-free workplace referral. B. Confidentiality. PAS will preserve the confidentiality of EAP counseling and referral records, and discussions with CITY and Subscribers. PAS will assure the confidentiality of Subscriber communications, and comply with all applicable state and federal privacy and confidentiality laws, including, but not limited to, Public Laws 91-616 and 92-255; the Drug Abuse Office and Treatment Act of 1972, 21 USC 1175; the Comprehensive Alcohol Abuse and Alcoholism Treatment and Rehabilitation Act of 1970, 42 USC 4582, the Privacy Act of 1974, Public Law 93-579, 5 USC 552A, Public Law 104-191 (Health Insurance Portability and Accountability Act), 45 CFR §160 and §164 ("The Privacy Rule'), and other applicable regulations. C. Business Associate. PAS shall conduct its EAP Services in compliance with all regulations set forth in 45 CFR §160, §164 as they pertain to Business Associates. PAS acknowledges that it may qualify as a "Covered Entity" as that term is defined in 45 CFR §160.103 and may therefore be subject to all of the obligations of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") applicable thereto. D. Orientation and Training. On-site services may be purchased for a fee of $250 per hour. Travel fees and cancellation fees may apply. CITY may request any of the following types of on-site services below: • Personal and Professional Development seminars • On -Site Critical Incident Management Services - on-site counseling services, critical incident debriefing services • On-site Health Pair Participation • Employee and supervisory orientation to acquaint with EAP and procedures for using EAP E. EAP Awareness Activities. With prior approval of appropriate CITY personnel, PAS will provide ongoing EAP communication materials in electronic format for CITY's use in promoting the EAP. These may include: bulletin board displays, handouts, flyers, wallet cards, PASWord Express newsletter, PAS -It -On newsletter, suggested letters for home mailings, etc. F. Staff Credentials. PAS agrees to provide experienced, licensed and fully credentialed counselors from professionally recognized mental health disciplines to provide EAP counseling services. PAS staff is capable of assessing and treating a wide range of Subscriber problems including, but not limited to, psychological issues, substance abuse, relational conflicts, and family problems. G. Affiliate Providers. PAS shall maintain a network of appropriate community resources, care providers and professional counselors hereafter referred to as "Affiliate Providers", to provide assessment, referral and emergency treatment on an independent contractor basis with PAS for Subscribers in geographic areas where PAS does not have employees or to meet special needs. H. Case Management Services. PAS agrees to provide EAP counseling services for Subscribers designated from time to time by CITY. Such services shall include I to 4 assessment, referral, and/or solution -focused brief counseling sessions per episode for personal problems, including, but not limited to, chemical dependency, mental health problems, marital and relationship issues, family problems, financial and legal difficulties. These services will include telephonic or office based sessions with a PAS case manager to assess the problem, provide brief counseling and/or refer the individual, if necessary, to an appropriate community resource, and to follow-up with the Subscriber. In the state of California, sessions are limited to 3 in any 6 -month period per law. Fees for professional services rendered outside the EAP system (i.e.: not provided directly by PAS or its designated Affiliate Providers) will be the responsibility solely of the Subscriber. PAS shall neither solicit, charge, nor accept any payment of fees from the CITY Subscribers for EAP services provided. I. Service Availability. PAS shall provide 24-hour, 7 -day a week phone answering capability and an after hours Crisis Intervention Service. Consultation will be provided by day, evening or weekend appointments. Arrangements for an appointment will be made for the caller's convenience to the greatest extent possible. Plan Administrator. CITY will appoint a Plan Administrator, who will act as a liaison with PAS to give exposure to, monitor and promote the utilization of the program by Subscribers. CITY shall have the right to designate a substitute person as EAP Plan Administrator from time to time upon notification to PAS and may change the same from time to time. K. Quarterly Reporting. PAS will provide CITY a report on the use of the services. Said report will include the number of Subscribers using the service, the type of problem involved, sources of referral, and other descriptive data. In making such a report, names and other identifying information will not be used. L. Client Satisfaction Evaluation. Evaluation of PAS by those participating in PAS services shall be achieved through anonymous questionnaires and surveys. CITY and PAS shall develop a mutually acceptable evaluation feedback system. M. Medical Benefit Plan Information. CITY will provide PAS with a copy of CITY current behavioral health summary plan description and any changes thereto made during the term of this Agreement as well as other Subscriber benefit information that will assist PAS in making referrals for subsequent treatment. N. Continued Services After Subscriber Separation and/or Contract Expiration/Termination. In the event of contract expiration or termination, PAS will provide assessment, consultation and follow-up services for those Subscribers utilizing PAS prior to contract expiration or termination of this Agreement. Such services will be provided until the case is resolved or successfully referred. Both parties shall have the right to terminate this Agreement by giving ninety (90) days written notice to the other. 3.2 Eldercare Consultation and Care Management. Subscribers requesting assistance with eldercare concerns will be assisted by PAS and its affiliated staff of gerontologists, social workers, counselors, nurses, and financial consultants. Elder Care managers are available to families through telephonic and in-home visit capability. The benefit covers up to 2 hours of consultation/ care management paid by PAS and is offered at no cost to the covered Subscriber. Should the Subscriber wish to continue with care management service for their elderly family member after the initial two hours of consultation, additional services will be available at a 157o discounted rate. Elder Care staff may also refer the Subscriber to appropriate licensed and/or accredited eldercare providers and verify vacancies. 3.3 Child/ Elder Care Resource and Referral. PAS Subscribers requesting assistance with child care concerns will be assisted by PAS and its affiliated Dependent Care Specialists (DCS) to assess their needs and explore options. PAS has contracted with a dependent care information and referral service that maintains a database of state licensed vendors to provide child care and eldercare services. In addition to sending a detailed list of available care resources according to geographic request, the benefit also covers an enhanced personalized Parent Information Packet or Caregiver Information Packet at no cost to the Subscriber. The service seeks to educate caregivers to make informed care decisions. PAS also provides assistance in locating adoption related resources. 3.4 Legal Consultation. Legal Consultation is provided in partnership with PAS affiliated attorneys. PAS Subscribers requesting assistance with non - employment related legal concerns are transferred to our Legal Services Call Center for an assessment to determine the appropriate services needed to address the Subscriber's concern. The service options include either a telephonic consultation with an attorney in their state or a referral for an in-person consultation with an attorney in the Subscriber's local area. The initial consultation in both service options is provided to the Subscriber at no cost. If the Subscriber chooses to retain the services of the in-person attorney any additional services beyond the initial assessment will be the financial responsibility of the Subscriber. The in-person attorney will offer the Subscriber rates at a discount of 25% below their usual and customary fees. 3.5 Tobacco Cessation Coaching. PAS provides access to smoking cessation educational programs via online or workbook format designed to help Subscribers who wish to quit smoking. In addition to the educational materials, supportive telephonic coaches are available to provide support while Subscribers progress through the educational modules. PAS also partners with the American Lung Association to provide employers with smoke-free policy consultation, educational seminars, on-site group smoking cessation clinics, and promotional posters. The cost of the initial consultation is paid by PAS. On-going smoke-free initiatives are offered at a 15% discount. 3.6 Weight and Nutrition Consultation. Subscribers receive telephonic access to nutrition specialists and dietitians to help them: establish appropriate and realistic weight goals, understand the basics of nutrition and healthy eating, plan exercise strategies and develop nutrition options to comply with recommendations made by their physician. Participants receive an individualized assessment based on their current weight and nutrition challenges. 3.7 Financial Consultation. PAS provides financial consultation through a reputable national financial counseling service staffed by qualified financial specialists. Participants requesting information and strategic advice about financial planning priorities, investments, budgeting, debt and loan consolidation, estate settlements, retirement planning, insurance, tax considerations, and general financial information receive access to financial specialists via telephonic consultation. PAS shall require any Participant who elects to receive Financial Consultation services to sign a form acknowledging that CITY and/or PAS is not providing said Financial Consultation advice and that Participant agrees to waive any and all claims against CITY and/or PAS arising out of losses, costs, damages, claims, injuries, expenses or liabilities resulting from the Financial Consultation services provided by PAS or its Affiliate Providers. 3.8 Education Planning Services. PAS provides telephone access to a college specialist to assess and review each caller's situation, discuss the options available and conduct a thorough research of undergraduate, continuing education, graduate or vocational/ technical school programs that meet the parameters of the caller's requests. A packet will be mailed to the caller that may include information on preparing for and financing college, enrollment dates, costs, application fees, housing, degrees offered, student activities, available scholarships, financial aid. 3.9 Will Preparation. PAS Will Preparation service provides discounts associated with the creation of a will. If user's needs and circumstances fit the parameters of a Simple Will as defined by user's state, this benefit will cover the attorney's time to prepare the document. If user's needs and circumstances are beyond the parameters of a Simple Will as defined by user's state, user will receive a 25% discount from the attorney's hourly rate if an hourly rate is charged. 3.10 Retirement Consultation. PAS provides telephonic access to skilled retirement coaches who guide Subscribers in planning for the non-financial aspects of retirement such as using skills in new ways and learning new skills, planning for leisure time, health issues, family relationships. 3.11 Parenting Consultation. PAS provides telephonic consultation and information from certified speech, occupational and physical therapists and early childhood educators on child development concerns, strategies for improvement and resources. 3.12 Living a Balanced Life. PAS provides telephonic consultation from licensed life management professionals regarding stress management, time management, relationships, mild depression and anxiety. 3.13 Coping with Illness and Loss. PAS provides telephonic consultation from nurse specialists for chronic pain, illness and grief issues. 3.14 Identity Theft. PAS provides identity theft assessment services to confirm whether or not a Subscriber's identity has been stolen. An Identity Theft Recovery Specialist explains how to prevent identity theft and how to recover from it. Tip sheets, legal. assistance and instruction on restoring identity may also be provided. 3.15 Caregiving Kit. PAS provides participants with an easy to use caregiving guide and organizer for family caregivers. The kit helps participants gather, organize, and store information needed to manage care -giving responsibilities. 3.16 Career Coaching. PAS provides telephonic access to skilled career coaches who guide subscribers through a personal assessment of skills, competencies and interests using a variety of career measurement tools. This service includes telephonic consultation in techniques for networking internally including conferring with management and Human Resources, using posted job descriptions as a source for exploration, conducting informational interviews to learn more about CITY functions and preparing for the internal interview. 3.17 Getting Organized. PAS provides telephonic consultation of up to three hours with a PAS organizer coach to assist in designing a system to teach time management skills, develop strategies to organize home or office. 3.18 On -Line EAP Services. PAS provides Subscribers with a variety of on- line services that include Life Tools Resource Center, management services, on- line training, legal services, PASWord Express newsletter, workplace support handouts (illness, death, disaster, drug free workplace, guidelines for substance abuse referrals, supervisory referral continuum), and PAS -It -On human resource management newsletters. ARTICLE IV - LIABILITY 4.1 Insurance. PAS and its Affiliate Providers agree to maintain in full force and effect during the term of this Agreement, and all subsequent extensions or renewals hereof, insurance described as follows: Worker's Compensation - As required by the law of the State in which they do business. Public Liability - Limits of not less than $2,000,000.00 per person and $2,000,000.00 per occurrence and $2,000,000.00 property damage per occurrence to protect PAS against claims for personal injury to or death of one or more than one person and property damage claims that may occur as a result of operations under this Agreement. 4.2 Hold Harmless. PAS agrees to hold harmless CITY, its officers, directors and Employees, against any and all claims, damages or attorney's fees caused by any act or omission of PAS, its employees, its Affiliate Providers, officers, and directors. CITY agrees to hold harmless PAS, its officers, directors and employees, against any and all claims, damages or attorney's fees caused by an act or omission of CITY, its employees, officers, and directors. The parties' obligations under this paragraph shall be paid solely from the proceeds of liability insurance policies maintained by the respective parties. ARTICLE V - COMPLIANCE WITH LAW 5.1 Compliance. PAS, its employees, Affiliate Providers and affiliates shall comply with all Federal, State and local laws, ordinances and regulations applicable to the services performed under this Agreement. 5.2 Choice of Law. The laws of the State of Missouri shall govern this Agreement. ARTICLE VI - GENERAL TERMS AND CONDITIONS 6.1 Nondiscrimination of Employment. PAS shall not discriminate against any employee or applicant for employment because of race, religion, sex, age, marital status, veteran's status, national origin, or handicap. PAS shall take affirmative action to insure that employees are treated during their employment without regard to race, religion, sex, age, marital status, veteran's status, national origin, or handicap. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; rates of pay or other forms of compensation; and selection for training including apprenticeship. 6.2 Independent Contractor. The relationship of PAS to CITY shall be that of an Independent Contractor and no principal -agent or employer-employee relationship is created by this Agreement. 6.3 Assignment of Agreement. This Agreement is not assignable by either party without written consent of the other; but this clause shall not be deemed to preclude PAS from contracting with Affiliate Providers as set forth in Article III, Section 3.1, Paragraph G above for services to be rendered to employees in geographic areas where PAS does not have employees. 6.4 Changes in Agreement. This Agreement may be amended only upon the written agreement of CITY and PAS. Notice to the parties shall be mailed to their respective principal offices. Notice to CITY shall be sent to the attention of the EAP Plan Administrator (as set forth in Article III, Section 3.1, Paragraph J. above) and notice to PAS shall be sent to the attention of the President. 6.5 Copyright Notice. CITY agrees to apply the proper copyright notice as required by PAS upon the title page or other designated location of any training manuals or other authored works prepared by PAS that incorporates 10 PAS copyrighted materials, as supplied to CITY under the terms and conditions of this Agreement. Such notice as advised shall be applied to all said materials for CITY usage in performance under this Agreement, and said notice shall be imprinted upon all of the original materials, or any subsequent printings thereof, made under this Agreement. 6.6 Extraordinary Circumstances. Neither party hereto shall be held responsible for delay or failure to perform hereunder when such delay or failure is due to fire, flood, epidemic, strikes, acts of God or the public enemy, unusually severe weather, legal acts of public authorities, or delays or defaults caused by public carriers, or other circumstances which cannot reasonably be forecast or provided against. 6.7 Severability. All agreements and covenants contained herein are severable and in the event any of them shall be held to be invalid by any competent court, this contract shall be interpreted as if such invalid agreements or covenants were not contained herein. 6.8 Benefit. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective legal representatives and assigns. No person not a party to this contract, including Subscribers, shall have any ability to enforce the terns hereof, or claim any legal right hereunder, it being the intent of the parties hereto to negate any such third -party beneficiary claim. CITY warrants and represents that it has full authority to act on behalf of all its subsidiaries, as the same may be constituted from time to time, with respect to all matters herein contained. 6.9 Standard Form Contract. This Contract is a standard form prepared by PAS. If any of the terms hereof are varied in any manner, whether by insertion, deletion or otherwise, this Agreement shall not be binding upon PAS until the changes are reviewed and approved by PAS' legal counsel or executed by PAS. 6.10 The terms and provisions of Article III, Section 3.1, Paragraph B and 4.2 shall survive the termination of the Agreement. 6.11 Entire Agreement. This Agreement contains the entire understanding of the parties with respect to its subject matter and may not be amended, modified, altered or varied except by an agreement in writing signed by the parties. All prior representations whether written or verbal are merged herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. PREFERRED RESOURCE NETWORK, THE CITY OF CAPE GIRARDEAU INC. dba PERSONAL ASSISTANCE SERVICES BY: w? P /Pun tw Its: President DATE: 1I= Its: DATE: 12 SUBJECT Resolution authorizing the City Manager to enter into a contract with Element74 for website design. EXECUTIVE SUMMARY The City submitted a Request for Proposals for redesign of the City's web page. Four proposals were received, with Element74, the current web provider and sole local proposal, being the top choice. Should Council approve the contract, it is expected that the redesign will be complete by February 1, 2011. BACKGROUND/DISCUSSION The last complete redesign of the City's web page was completed in 2005. With the City's focus on customer service, staff felt a redesign of the current web site was in order to make it more user friendly for our customers. Short-list of Benefits • Improved navigation — Service -based menu structure; wider template improves access to information by pushing feature content aligned with destination content; audience -specific menu for business, visitors, and residents to better serve these very different populations • Greater access — ample space and protocols for: public documents, images, and other files to promote indexing by major search engines and access to site visitors; upgrades for users' size preferences, language, and the visually impaired; password protected options for sharing draft documents • New components will also include utility payment options, development manual, online GIS and more Proposals Received Four proposals were received, one of which was disqualified because it didn't provide the requested information. The other proposals impacted internal processes, which made implementation very difficult. Therefore, we decided to award to Element 74, who provided a proposal with the closest match to the project scope and budget. FINANCIAL IMPACT All proposals exceeded anticipated costs. The FY2010-2011 budget includes a line item of $10,000 for this project. The $1,500 overrun will be absorbed by ongoing cost-cutting measures from the public information office in addition to labor savings anticipated from a reduction in telephone and physical traffic as more services are made available online. SUSTAINABILITY: ECONOMIC ENVIRONMENTAL AND SOCIAL IMPACTS Though our website served us well when upgraded in 2005, our residents are keeping pace with the world with increased expectations for quick -access to online information and services. In addition to residents, we must also be responsive to the needs of potential developers, visitors, local businesses, and others. When these groups search for Cape Girardeau online, the first site they see is the City's website. This means we have the responsibility to hold the attention of and properly route a variety of audiences. For this, and many other reasons, the City's website is an undeniably crucial economic development, customer service, public outreach, and general publicity tool. STAFF RECOMMENDATION Staff recommends awarding the project again to Element74. Not only were they the least expensive of the complete proposals, they most accurately fit the scope of this project. ATTACHMENTS • BILL NO. 10-176, Resolution approving contract • Contract with Element74 • Exhibit A —proposal • Exhibit B — clarification BILL NO. 10-176 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A WEB SITE DEVELOPMENT AND HOSTING AGREEMENT ON BEHALF OF THE CITY OF CAPE GIRARDEAU, MISSOURI, WITH ELEMENT 74, L.L.C. 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 Web Site Development and Hosting Agreement with Element 74, L.L.C. A copy of said Web Site Development and Hosting Agreement is attached hereto and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk THIS Document DESCRIBES THE Details of the PRODUCT(S) AND/OR SERVICES WHICH WILL BE PROVIDED TO City of Cape Girardeau BY ELEMENT74, L.L.C. Also referred to as ELEMENT74, "we" and "us' within this contract. City of Cape Girardeau is also referred to as Client or CUSTOMER within this contract. ATTACHED: Proposal submitted 11/15/2010 (Exhibit A) and Clarification Email from J. Pabst sent 11/18/2010 (Exhibit B) Summary of Proposal Elemenl74'5 proposal for City of Cape Girardeau includes (but is not limited to): • Project Planning and Coordination • Mobile Version of Site • Template Design and Layout Option for end users to change font size • Option for Visually impaired users with screen readers • Share Button • Print Page • Element74's Easypost • Testing of Website • Training for web site administration • Custom Logo Creation • Online Forms Module (march 2011) • RSS Subscription • Included project components outlined in the proposal and clarifying email (exhibits A and B) Website Outline The outline represents the navigation and information architecture of each page within the website. Site will be managed using the Element74 Easypost Application. Element74 Easypost System The EasyPost system developed by Element74 allows for our clients to easily update and modify sections of their website without the necessity of purchasing additional software or having knowledge of HTML Design and Construction. Features of the system are listed below. EasyPost will be programmed within the existing website template for City of Cape Girardeau Element74 EasyPost Administration Module Requirements: The Element74 EasyPost Administration Module requires a PC based system with Windows 98, NT, XP home or Professional and Internet Explorer 6.0. For optimal performance Element74 suggests using a broadband connection such as Cable or DSL with the EasyPost Administration Module. Experiences with the Easypost system may vary based on the Client's system configuration, the applications installed on the Client's PC, the Client's ISP and connection to the internet. Client Initials Template Design and Construction Element74 will provide to the client two initial design concepts (as outlined in the proposal) based on input, and marketing information obtained from City of Cape Girardeau and review of competitor's websites. Upon review of the initial design by City of Cape Girardeau Element74 will make modification to the design based on City of Cape Girardeau feedback. Element74 allots for three rounds of revisions of the initially approved design concept. Upon approval and sign off of the final design, Element74 will proceed to the Construction Phase. During the construction phase any modifications to the design will be billed at a rate of $85 per hour. Client Initials � : . Content Collection and Management Element74 will not post customer content. Client will post information and text using the EasyPost system Modules. Staging and Testing A Staging URL will be provided to City of Cape Girardeau for viewing the progress and testing of the website. After all content and application have been integrated into the new site, the site will be tested by Element74 and by the client. Upon approval by City of Cape Girardeau, the site will be posted to the following location http://w .cityofcapegirardeau.o(q which is currently owned by the Client (in addition to www.cityofcape.orq) and managed and hosted by Element74. Domain Hosting Element74 provides domain hosting for all of our clients and designs its sites for hosting on our servers. Should the Client choose to have their site hosted by another party please let us know so that we can contact them to gain access to their servers for the purpose of transferring the website files to them. There is an additional 20% charge for development of Page 1 of 4 Elernent74 L.L.C. element 74 113 S. Silver Springs Cape Girardeau, MO 63703 ebsite brilliance 573.332.7474 WEB SITE DEVELOPMENT AND HOSTING AGREEMENT Company: City of Cape Girardeau Name. Nicolette Brennan Address: 401 Independence Street City: Cape Girardeau State: MO Phone: 573-339-6391 THIS Document DESCRIBES THE Details of the PRODUCT(S) AND/OR SERVICES WHICH WILL BE PROVIDED TO City of Cape Girardeau BY ELEMENT74, L.L.C. Also referred to as ELEMENT74, "we" and "us' within this contract. City of Cape Girardeau is also referred to as Client or CUSTOMER within this contract. ATTACHED: Proposal submitted 11/15/2010 (Exhibit A) and Clarification Email from J. Pabst sent 11/18/2010 (Exhibit B) Summary of Proposal Elemenl74'5 proposal for City of Cape Girardeau includes (but is not limited to): • Project Planning and Coordination • Mobile Version of Site • Template Design and Layout Option for end users to change font size • Option for Visually impaired users with screen readers • Share Button • Print Page • Element74's Easypost • Testing of Website • Training for web site administration • Custom Logo Creation • Online Forms Module (march 2011) • RSS Subscription • Included project components outlined in the proposal and clarifying email (exhibits A and B) Website Outline The outline represents the navigation and information architecture of each page within the website. Site will be managed using the Element74 Easypost Application. Element74 Easypost System The EasyPost system developed by Element74 allows for our clients to easily update and modify sections of their website without the necessity of purchasing additional software or having knowledge of HTML Design and Construction. Features of the system are listed below. EasyPost will be programmed within the existing website template for City of Cape Girardeau Element74 EasyPost Administration Module Requirements: The Element74 EasyPost Administration Module requires a PC based system with Windows 98, NT, XP home or Professional and Internet Explorer 6.0. For optimal performance Element74 suggests using a broadband connection such as Cable or DSL with the EasyPost Administration Module. Experiences with the Easypost system may vary based on the Client's system configuration, the applications installed on the Client's PC, the Client's ISP and connection to the internet. Client Initials Template Design and Construction Element74 will provide to the client two initial design concepts (as outlined in the proposal) based on input, and marketing information obtained from City of Cape Girardeau and review of competitor's websites. Upon review of the initial design by City of Cape Girardeau Element74 will make modification to the design based on City of Cape Girardeau feedback. Element74 allots for three rounds of revisions of the initially approved design concept. Upon approval and sign off of the final design, Element74 will proceed to the Construction Phase. During the construction phase any modifications to the design will be billed at a rate of $85 per hour. Client Initials � : . Content Collection and Management Element74 will not post customer content. Client will post information and text using the EasyPost system Modules. Staging and Testing A Staging URL will be provided to City of Cape Girardeau for viewing the progress and testing of the website. After all content and application have been integrated into the new site, the site will be tested by Element74 and by the client. Upon approval by City of Cape Girardeau, the site will be posted to the following location http://w .cityofcapegirardeau.o(q which is currently owned by the Client (in addition to www.cityofcape.orq) and managed and hosted by Element74. Domain Hosting Element74 provides domain hosting for all of our clients and designs its sites for hosting on our servers. Should the Client choose to have their site hosted by another party please let us know so that we can contact them to gain access to their servers for the purpose of transferring the website files to them. There is an additional 20% charge for development of Page 1 of 4 Elernent74 L.L.C. element74 113S Silver Springs ') Cape Girardeau, MO 63703 website briflianre 573.332.7474 sites not hosted by element74 for additional setup efforts. The Client's monthly hosting fee is $50.00 annually in,July, and includes2GB. of storage, live Stats web analytics software; Google Urchin, and Any support requests made by the. Client, will beaddressedin a timely manner free of charge-unless_e 'billable work;, Customer ' Initials before Element74. staff_pedorms anY „ Projected Development Estimate Element74 estimates a total project timeline of 4-6 weeks from receipt of this signed contract. This estimate deadline does not take into consideration any special circumstances that may occur at City of Cape Girardeau and is based on timelines of client deliverables to Element74. Projected Price Estimate Element74 estimates that this project will cost approximately $11,500.00. Changes and additional features not detailed in this document or attached exhibits are considered out of scope and such requests will be quoted separately at which time the client can either refuse or accept the additional charges before any work is done. The following table represents a breakdown of optional items that would be in addition to the cost estimate above which the City has declined to purchase at the signing of this contract: Optional Items Polls $750 Comments added to pages $600 Forum $1,500 Transfer Existing content $300 Total Package Custom Website Design w/Programming (without options above) $11,500 Payment. One third (1/3) $3,833 of the total estimate is due upon the signing of this Agreement. An additional one third (1/3) $3,833 will be paid upon completion of the graphic design phase. The final payment of $3,833 will be paid upon completion of the custom development. All payments are to be made in U.S. dollars. ELEMENT74, L.L.C. reserves the right to modify payment terms or require full payment before the provision of services and/or products hereunder if CLIENT is not credit worthy. CLIENT's failure to pay any amount when due is a material breach of the Agreement, justifying suspension of ELEMENT74, L.L.C.'s performance hereunder. Such suspension does not relieve CLIENT from paying past due amounts, and in the event of collection enforcement, CLIENT will be liable for any and all costs associated therewith, including without limitation, attorneys fees and court costs. This Agreement is subject to the Terms and Conditions set forth below. In the event a conflict or inconsistency between such Terms and Conditions and this Agreement. this Agreement shall prevail. Customer agrees to pay all amounts according to this Agreement. Customer will be billed monthly in advance for recurring fixed expenses. CUSTOMER: City of Cape Girardeau ELEMENT74, L.L.C. BV By Title Title Date Date Each party represents and warrants that it has the power and authority to enter into and perform its obligations under this Agreement. Furthermore, CUSTOMER represents and warrants that CUSTOMER Content does not and shalt not contain any content, materials, advertising or services that are inaccurate or that infringe on or violate any applicable law, regulation or right of a third party, including without limitation, export laws or any proprietary, contractual, moral or privacy right or any other third party right, that CUSTOMER owns the CUSTOMER Content or otherwise has the right to incorporate the CUSTOMER Content into the Product(s) and/or place the CUSTOMER Content on the Web Site, and that CUSTOMER has obtained any authorization (s) necessary for hypertext links from the Web Site to other third party web sites. Each party agrees to indemnify, defend and hold harmless the other party and its respective officers, directors, employees, agents and designees from and against all claims, demands, suits, causes of action, judgments, losses, expenses (including reasonable attorneys' fees), debts or liabilities (collectively referred to as "Claims"), based upon breach by either party of any representation and warranty made herein by either party, including without limitation any Claim based on any of the CUSTOMER Content or other material on the Web Site, CUSTOMER'S unauthorized modification of any software, system, or related documentation, either party's violation of its contractual obligations respecting the use of any software, system or related documentation, or the combination, operation or use by either party of any software, system or related documentation that violates or is inconsistent with the Services and/or Product(s) described in this Agreement. Page 2 of 4 element74 website brilliance i Element74 L.L.C. 113 S. Silver Springs Cape Girardeau, MO 63703 573.332.7474 Ownership Client will retain all title to and ownership of all Templates. HTML, and Data Deliverables (which are defined as anything created and/or uploaded by the Client). Element74 retains all ownership of the EasyPost System. Deliverables are copyrighted and are protected by worldwide copyright laws and treaty provisions. ELEMENT74. L.L.C. does not grant any express or implied right to Customer under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to Customer by ELEMENT74, L.L.C. in writing or incorporated elsewhere in the Deliverables. Term and Payment for Services Hosting Term. This Agreement will be for 12 months from the order date with exception of the hosting fee which has been paid by the client already through June 2012 on 07/01/2010. This Agreement will be automatically renewed at the end of the initial term for the same period of time as the initial term unless the Client provides ELEMENT74, L.L.C. with notice of termination at least 7 days before the end of the initial term. Customer may terminate this agreement without cause upon notice to ELEMENT74, L.L.C.. ELEMENT74, L.L.C. may terminate this Agreement at any time and for any reason by providing to the Client 30 days' prior written notice of termination. If ELEMENT74, L.L.C. terminates this Agreement, ELEMENT74, L.L.C. will refund to the Client a pro -rated portion of paid fees attributable to Services not yet rendered as of the termination date, unless otherwise expressly provided in this Agreement. Customer Obligations CUSTOMER agrees to promptly provide to ELEMENT74, L.L.C. the CUSTOMER Content, if any, and such other or additional information and in such manner as requested by ELEMENT74, L.L.C. to carry out its obligations. CUSTOMER is responsible for securing at its cost and expense all necessary licenses and tights with respect to CUSTOMER Content required by ELEMENT74, L.L.C. to perform its obligations under this Agreement, if any, including but not limited to licenses necessary for the use or modification ofCUSTOMER Content. CUSTOMER is solely responsible toensure that CUSTOMER Content complies with all laws. Liability and Obligation on Termination If the Agreement expires or is terminated for any reason, ELEMENT74, L.L.C. is not liable to the Client because of the expiration or termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with the Client's business, or for any other reason whatsoever flowing from the termination or expiration. If the Client terminates this Agreement, ELEMENT74, L.L.C. will not relieve the Client of any obligations to pay fees and costs accrued before the termination date or any other amounts the Client owes to ELEMENT74, L.L.C. under this Agreement. Domain names. As part of the Services, ELEMENT74, L.L.C. will register domain names) the Client selects if the domain name is available for registration and does not violate any registration services' policies, or any law or regulation. If any dispute or cause of action arises out of or is related to the Client's domain name used in connection with the Services, then upon the Client's request, ELEMENT74, L.L.C. will attempt to register with the registrar an alternative domain name the Client choses. Upon registering the Client's domain name, the Client is bound by the terms of the registrar's then current domain name policy and the policies of the national DNS registration authorities. Domains will be registered under Element74's name and account but will be owned by the Client. Security The Client is solely responsible for any security breaches affecting servers or accounts under their control. If the Client's server or website is responsible for or involved in an attack on or unauthorized access into another server or system, ELEMENT74, L.L.C. will shut it down immediately. The Client will pay any charges resulting from the cost to correct security breaches affecting ELEMENT74, L.L.C. or any of its other customers. Actions ELEMENT74,LLC may restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or that potentially violates any laws. If ELEMENT74, L.L.C. becomes aware that the Client has possibly violated this Agreement, any related policies or guidelines, third party rights or laws, ELEMENT74, L.L.C. may immediately take corrective action, including. (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on ELEMENT74, LLC.'s systems, and (d) disabling or removing any hypertext links to third -party Web sites, any of the Client's content distributed or made available for distribution via the Services, or other content not supplied by ELEMENT74, L.L.C. that, in ELEMENT74, LLC.'s sole discretion, may violate or infringe any law or third -party rights or that otherwise exposes or potentially exposes ELEMENT74, L.L.C. to civil or criminal liability or public ridicule. It is ELEMENT74, L. LC.'s policy to terminate repeat infringers. These rights of action, however, do not obligate ELEMENT74. L.L.C. to monitor or exert editorial control over the information made available for distribution via the Services. If Page 3 of 4 Element74 L.L.C. element74 113S Silver Springs Cape Girardeau, MO 63703 website brilliance 573.332.7474 ELEMENT74, L.L.C. takes corrective action because of a possible violation, ELEMENT74, L.L.C. will not refund to the Client any fees the Client paid in advance of the corrective action. Liability Insurance BOTH PARTIES SHALL MAINTAIN PROFESSIONAL LIABILITY INSURANCE COVERING THEIR ERRORS, OMISSIONS, OR NEGLIGENT PERFORMANCE OF THE OBLIGATIONS CONTAINED IN THIS AGREEMENT IN AN AMOUNT EQUAL TO THE SOVEREIGN IMMUNITY LIMITS FOR MISSOURI PUBLIC ENTITIES AND SHALL PROVIDE THE OTHER PARTY WITH A COPY OF THEIR CERTIFICATE OF INSURANCE EVIDENCING THIS COVERAGE AT THE TIME OF EXECUTION OF THIS AGREEMENT. ANY LIABILITY EITHER PARTY MAY HAVE ARISING HEREUNDER SHALL BE PAID SOLELY FROM THIS INSURANCE COVERAGE. THIS INSURANCE REQUIREMENT IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND ABSENT SUCH A REQUIREMENT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT, Disclosure Rights To comply with applicable laws and lawful governmental requests, to protect ELEMENT74, L.L.C.'s systems and customers, or to ensure the integrity and operation of ELEMENT74, L.L.C.'s business and systems, ELEMENT74, L.L.C. may access and disclose any Information It considers necessary or appropriate, including, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on ELEMENT74, L.L.C.'s servers and systems. ELEMENT74, L.L.C. may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Interruption of service ELEMENT74, L.L.C. is not liable for any temporary delay, outages or interruptions of the Services. If the performance of this Agreement or any obligation hereunder is prevented, restricted, delayed or interfered with by reason of delay of the other party, fire or other casualty or accident, strikes or labor disputes, war or other violence, any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency, failures or fluctuations in heat, light, air conditioning, utilities, or telecommunications, or any other act or condition whatsoever beyond the reasonable control of the parties hereto and having a material adverse effect on the performance of the affected party, the party whose performance is so affected, upon giving prompt written notice to the other party, shall be excused from such performance to the extent of such prevention, restriction or interference, provided, however, that the party so affected shall take all reasonable steps to avoid or remove such causes of non-performance and shatt continue performance hereunder with dispatch whenever such causes are removed. Indemnification Both pates release and hold harmless, and agree to indemnify, the other party and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by the other party. or its suppliers, arising out of or relating to: (a) either party's violation or breach of any term, condition, representation or warranty of this Agreement, or any applicable policy or guideline; (b) either party's improper or illegal use the Services or the improper provision of the services; or (c) either party's violation, alleged violation, or misappropriation of any intellectual property right (including trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including defamation, libel, violation of privacy or publicity). No Fiduciary Relationship; No Third -Party Beneficiaries ELEMENT74, LLC.is not the agent, fiduciary, trustee or other representative of the Client. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person (other than the parties to this Agreement) any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of its representations, warranties, covenants, conditions and provisions are intended to be and are for the sole and exclusive benefit of the parties to this Agreement. Identification ELEMENT74, L.L.C. may, free of any obligation to pay compensation, use the Client's name and identify the Client as a ELEMENT74, L.L.C. client, in advertising, publicity, or similar materials distributed or displayed to prospective clients. Miscellaneous This Agreement will be governed solely by the laws of the State of Missouri, excluding its principles of conflicts of laws. Each party's performance under this Agreement will in all respects conform to all applicable laws, rules and regulations of the United States governing the export of technical information. Customer may not assign this Agreement without the prior, written permission of ELEMENT74, L.L.C.. Any purported assignment will be void and without any effect. This Agreement may not be modified or amended except in writing, signed by both parties. Any purported oral modification or amendment of this Agreement will not be effective. Neither party may waive any right under this Agreement, except expressly and in writing. Any other purported waiver of any right will not be effective. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes all prior and contemporaneous discussions, negotiations; communications and agreements with respect to this subject matter. Page 4 of 4 element74 website brilliance November 15, 2010 ATTN: Nancy Poston 401independence Cape Girardeau, MO 63703 From: Justin Pobst Director of Business Development justin@element74.com Element 74, LLC 113 S. Silver Springs Suite 102 http://www.element74.com Phone:573-332-7474 Fax: 573-651-3221 Prepared for: City of Cape Girardeau Created on 12/2/2010 element74 website brilliance To: Nancy Poston From: Justin Pobst Subject: Website Development Services This is a bid to provide website development services for City of Cape Girardeau. In particular, this project will provide a complete rework of the current website both visually and functionally. Element 74 is very confident in its ability to provide the objectives outlined for this project. We have been providing these exact services for over 10 years and have an excellent reputation for delivering beyond client expectations. Gore Recommendations.." Based on the provided Request for Proposal document, Element 74 would recommend the following services: Custom Template Design We propose the creation of both a primary (home page) and secondary template that is both structurally defined and visually appealing. We do not recommend a prefabricated or 'cookie cutter' template but one that is well thought out and created specifically for the target audience. Organized and intuitive navigation Based upon the current structure of the existing site and volume of information, we recommend a dynamic menu system that will prominently display the core links on the home page, along with other focal points of interest. Each core link will have drop down sub menu items underneath that will direct the user to the relevant data in the secondary page template. All sub menu items will be editable by the city. Element 74's "EasyPost" content management system With just a browser and internet connection, EasyPost will allow you to update every aspect of the website including text, images, pdf documents, calendar of events, latest news, photo galleries, etc. In addition, it will allow you to instantly add new pages and sub menu items on the fly. Easy Post will be able to accommodate all site changes and not require additional software such as Dreamweaver or FrontPage. See Easy Post Addendum at the end of this document. ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MO 63701 (573) 332-7474 www.element74.com Page 2 Prepared for: City of Cape Girardeau About•Element 74`j Created on 12/2/2010 Brief History Element 74 was founded in 2000 by Chris Edmonds. Since then, we have been developing award-winning websites and custom database programs in both the Southeast Missouri region and across the United States. We currently have over 400 clients. Our staff includes 4 Senior Level Software Developers, 2 Professional Software Developers, 2 Support Specialist, 3 Project Managers, an office manager and a sales staff. Project Personnel for City of Cape Girardeau Project These are the Element 74 team members that will be assigned to your project: Justin Pobst, Project Manager Justin brings to the table over 7 years of business development and management, experience. His ability to communicate effectively allows him to streamline the development process between the client and our production team. This results in better timeline achievement as well as better customer satisfaction. Justin will be the project manager for this project and be responsible for each phase of the project life cycle listed below. Chris Behnken, Senior Software Engineer Chris is a graduate of Southeast Missouri State with a Bachelor of Science in Computer Science has an expertise in numerous -F programming languages and database solutions including C, C++, C# VB, Ado.net, Prolog, PHP, ASPAET and HTML. Chris will be the chief programmer and technical lead on this project and will ensure that everything functions to specification. ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MO 63701 (573) 332-7474 www.elennenV4.mrn Page 3 Prepared for: City of Cape Girardeau Created on 12/2/2010 Josh Fonseca, Software Engineer Josh is a graduate of Southeast Missouri State with a Bachelor of Science in Computer Science has an expertise in numerous programming languages and database solutions including C, C++, C# VB, ASP.NET and HTML. Josh will be the assisting Chris Behnken in the development of the project. Allison Lent, Graphics Designer Allison will be the graphic designer for the City of Cape Girardeau project. She has over 8 years of custom graphic arts and specific website design experience. Her ability to create a unique "look and feel" for each of our projects will ensure a dramatic impact and impressive image for City of Cape Girardeau. Website Development Methodology We have a team of highly skilled graphic artists, programmers, and project managers who really have a deep understanding of online design and website application development. Each Element 74 project is assigned a minimum of one project manager, one lead programmer, and one graphic designer. By combining each person's individual talents, we form a fantastic team that can successfully bring all aspects of the project together. ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MO 63701 (573) 332-7474 www.elennent74.cam Page 4 Prepared for: City of Cape Girardeau Created on 12/2/2010 Element 74 Project Phases • On site Initial Planning Meeting • Preplanning Phase o Development of a sitemap and functionality specs o Assignment of team members and kickoff meeting o Development of a wireframe, or structural outline of the web site o Sign off by City of Cape Girardeau of the sitemap and wireframe • Graphic Design Phase o Allison will create 2 or more initial concepts for consideration o Based on feedback from the City of Cape Girardeau web committee, she will continue to make modifications until the design is approved • Easy Post Implementation and Development Stage o While design concepts are being worked through, Chris Behnken and Josh Fonseca will simultaneously begin the development of any custom database components, as well as deploy our "Easy Post" system. • Staging Phase o Once the graphic design concept has been approved, Element 74 will then convert the approved concept into a web site and install 'Easy Post'. o The site will then be on a "staging area" that will only be accessible by City of Cape Girardeau. (ie. http://staging.element74.com/citvofcape) o This will allow for content to be posted and migrated before going live • Training & Testing Phase o Element 74 will conduct on site training with the City of Cape Girardeau staff as well as provide 'Easy Post' documentation. Within one week of training, Element 74 will conduct at least 2 follow up sessions to ensure that City of Cape Girardeau is comfortable posting content. o Once content is 90% complete, both City of Cape Girardeau and Element 74 will conduct thorough testing of the web site. Go Live' Phase o Once all content is posted and the site tested, the site will be launched! Timeline Estimate Element 74 estimates that this project will be ready to take live on January 15' 2011. ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MO 63701 (573) 332-7474 www.element74.com Page 5 Prepared for: City of Cape Girardeau Created on 12/2/2010 , Cost Estimate � "T' Element 74 will include the following scope of work: 1. Creation of Blueprint or site Architecture 2. Graphic Design of both Primary and Secondary Template a. Better Navigation — Drop Down Menu b. Constructed for 1024x768 screen resolution 3. Project Management 4. EasyPost Content Management System— Allows for complete content updating of the web site by City of Cape Girardeau and the following functionality but not limited to: a. Site Search b. Password Protected Pages c. Latest News/Upcoming Events d. Style Guide e. Auto creation of photo slide shows f. Ability to upload and post video 5. Easy Post Training 6. Warning detour notifications of leaving site 7. Option for end-users to change font size 8. Option for end-users to change text language 9. Option for Visually impaired users with screen readers 10. Mobile version of site 11. Online Forms Module - Available March 2011 with Easypost Total construction cost: $11,500 Monthly hosting support includes: • 1 GB of web space • EasyPost content management license • LiveStats reporting on website traffic • 8x5 technical support • Easy Post Training Sessions M Monthly hosting pricing good /or 24 months ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MO 63701 (S73) 332-7474 www.elennent74.00M Page 6 Prepared for: City of Cape Girardeau Optional Items: Polls $750 Comments added to pages $600 Forum $1,500 Share Button $ 0 Print Page $ 0 RSS Subscription $ 0 Transfer Existing content $300 Created on 12/2/2010 ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MO 63701 (573) 332-7474 www.elemen V4.cum Page 7 Prepared for: City of Cape Girardeau Exhibit B_,. EasyPost Addendum___. _. Created on 12/2/2010 Here are some screen shot examples of our EasyPost system, along with a brief description of each module that is included. We currently have over 400 clients successfully using EasyPost and they all love the flexibility and power that it offers. . `� Home -"-�'Imapes —i t? Phot Galla[les il'�' E-News:e!ae a (GBCrte6l5 PAenus „� News Manager i/' Page =_mlar Files �tSlall Alanager Forn, Manage+ Ust DAhnager A Lognut � r � Welcome to your Easy Post section- Easy Post will help keep your website up to date with ease. For help, please email su2oorKa, Oil PILI i cOm ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MO 63701 (573) 332-7474 www.element74.com Page 8 Prepared for: City of Cape Girardeau Created on 12/2/2010 Here are the primary modules of our 'EasyPost' system with a brief description. Image Manager Allows the uploading of images to the web server for use throughout the site Photo Galleries Allows you to created unlimited, dynamic photo galleries. This is perfect for events. E -Newsletters Allows end users to opt in to an E -News blast. The system will store all email addresses in a database to allow instant correspondence with recipients Calendars Allows you to post events or schedules. This will be perfect for posting meetings and events. Menus Allows you to create new menu items and submenu items on the fly as well as create new pages for the website I News Manager The Latest news manager allows you to create news stories and press releases that will post a teaser on the home page with an automatic link to the full story. It also archives all stories in a database to allow web visitors to search for relevant information Page Editor Allows the adding, editing, and deleting of text and graphics on each website page. Very easy to use and works similar to a word processing program. File Manager Allows you to post PDF, Word, or Excel documents for web visitors to download Staff Manager Allows you to edit your board member section and allows web visitors tc download v -cards automatically of your staff members. See example at http://www.alliancebanking.com User Manager Allows you to create and manage EasyPost users and give them access to certain areas of EasyPost to modify the website. The Global Admin will have this ability. ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MO 63701 (573) 332-7474 www,element74.com Page 9 Prepared for: City of Cape Girardeau Created on 12/2/2010 Samples of our most recent work: United Way of SEMO http://www.unitedwayofsemo.org/ v;rr ;..r�FS " r eceo ® Media Center Get Help i.«em«e /0'1. Newsletter ' Signup ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MO 63701 (573) 332-7474 www.element74.com Page 10 'NEWS&:EVENTS -. WELCOME_ _ "t r"OURFOCUS neI i n c u x.h wiy �co r .m r id mt a stA " I:�� G60_llES64 ". •t � G .E S { F 1 L �a , nAE UNITED call 6 'ta.,-.p,4 V LI. 5 tb C C oFmm antic -M "am6em .l�'A:SE 1 JR 3TEEAt [ A ® Media Center Get Help i.«em«e /0'1. Newsletter ' Signup ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MO 63701 (573) 332-7474 www.element74.com Page 10 Prepared for: City of Cape Girardeau Created on 12/2/2010 Heart for Africa http://heartforafrica.org Testimonial from Client: http://www.element74.com/Portfolio/Heart%2OFor%2OAfrica.aspx ABOUT HEART FOR AFRICA BLOB GET INVOLVED C _— ix trwr m 54 wy Hq ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MO 63701 (573) 332-7474 www.element74.com Page 11 Prepared for: City of Cape Girardeau Created on 12/2/2010 Cultural Exchange Network http://cenet.us Client Testimonial: http://www. ele me nt74.co m/Po rtf o I i o/C ultera 1 %20 Exch a ng e%20 Network. aspx ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MO 63701 (573) 332-7474 www.element74.com Page 12 Prepared for: City of Cape Girardeau Missouri Head Start http://moheadstart.org Client Testimonial: Created on 12/2/2010 http://www.element74.com/Portfolio/Missouri%2OHead%2OStart.aspx ^yOvpt HE4,0lt9 1 -0ysOflFl\O? turpa1rio . , .11.1 ae�en sn. fw news Welcome to the official site of the Missoad Head Start Association, a state,wde non- profit ass osication dedicated to the success of all Missouri children. We provide etlucatioa, leadership and tools for advocacy for all Head Start and Eady Head Start parents, friends and professionals In Missouri. As the voice of Head Sti our state. please take a moment to review our he and discover what all we have W oHed For mora mf. meDph on Head Start end Early Head Startservices m pour area ar In become a member of the Missouri Head Start Association please contact our office by calling by 5735865078. hlgra91d in MiSsouri Head Star, .1000ppOnoMlie0 wdCYHer, t 0' ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MO 63701 (573) 332-7474 www.element74.com Page 13 Prepared for: City of Cape Girardeau Created on 12/2/2010 American Red Cross Southeast Missouri Chapter http://www.semoredcross.org You can find our complete portfolio at http://www.element74.com. ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MO 63701 (S73) 332-7474 www.element74.com Page 14 Prepared for: City of Cape Girardeau Created on 12/2/2010 References We have accumulated numerous references from our clients over the last 10 years. Below are just a few, and we would love to add City of Cape Girardeau to that growing list ! Southeast Missouri Hospital http://www.southeastmissourihospital.com/ http://www.technoloavofhor)e.com/ http://www.healthpointolaza.com/ Erica Vincent Marketing Department (573) 651-5533 evincent0sehosp.oro Cap America - Fredericktown http://www.capamerica.com/ Megan Arnold Marketing Department (636) 577-3061 megana(@capamerica.com (3 separate projects with them) The main hospital website Novalis Cancer Treatment HealthPoint Plaza We sourced three web development groups and discussed our project with each group prior to choosing Element 74. Chris Edmonds and Justin Pobst visited our office (an hour drive from their office) and made our decision easy. The appropriate, thoughtful questions they asked and the patience they exhibited while we voiced our web site wish list affirmed our decision to work with E74. Our website needed a complete overhaul. We challenged Element 74 to create a design that would be attractive and functional, yet comply with existing graphic standards. After launching the site, we received numerous compliments about the ease of use compared to our old site. They also were very patient as our internal staff learned how to input the information into the Easy Post program. Chris Behnken was instrumental in helping us overcome the learning curve and he developed custom pieces to our site at our request in a timely manner. We are anxiously anticipating seeing the number of visits rise as our sales, hopefully, follow suit. Sincerely, Megan Arnold ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MO 63701 (573) 332-7474 www.element74.mm Page 15 Prepared for: City of Cape Girardeau Created on 12/2/2010 Additional Testimonials Chris, Just a note to let you know we are very happy with the service and support we have received from you all this past year. The difference from our previous provider is AMAZING! Keep up the good work and we will be glad to give you references if you need any. Rene Brueckner, CIO Miraculous Medal of Perryville, Missouri To whom it may concern, I am very happy to provide a reference for Element74 on the basis of our experience in the development and ongoing maintenance of www.mycentenary.org. The combination of Element74's skill, commitment to excellence and professionalism made it a joy to work with them on this project. They brought everything they needed to the table to create a user friendly, attractive website with all the functionality we were seeking; at the same time they were also extremely flexible and open to the ideas and input we brought to the project. The collaboration made for a website that not only met but exceeded our expectations in every way. Element74 "gets" non-profit realities; and as a local congregation, we found that they also "got" our unique sensitivities and needs—something I suspect is typical of their approach with all their clients. Element74 took the time to train our staff on the use of the administration tools. We have found the EasyPost system to be both simple enough for our less tech -savvy users, and robust enough to offer additional tools to those who wish them. Knowing that Element74 continues to modify and upgrade EasyPost gives us confidence that our site can grow with us as our needs change and grow. Throughout the development and deployment process, every concern or issue we raised has been immediately addressed. Since our site has been live, Element74 has continued to respond immediately to every request. Element74 has been as responsive and professional since receiving our final payment as they were from day one. Their hosting of our site has been completely reliable. My work with other companies has shown me how valuable and rare such integrity and commitment to quality after -the -fact is. I would work with Element74 again without hesitation. I continue to recommend them to my colleagues in communication and wholeheartedly recommend them to you. Lois Ford Long Director of Communications Eden Theological Seminary 475 East Lockwood Avenue Saint Louis, Missouri 63119 314.210.0464 www.eden.edu ELEMENT 74, LLC, 113 S. Silver Springs, Cape Girardeau, MC, 63701 (573) 332-7474 www.elennent74.com Page 16 From: Justin Pobst [mailto:justin@element74.com] Sent: Thursday, November 18, 2010 11:03 AM To: Brennan, Nicolette Cc: Conrad, Gayle Subject: RE: City of Cape Proposal Nicolette, I tried to answer the best I could below: Let me know if you have any other questions!! Thanks! Justin Justin M. Pabst Director of Business Development Element 74 573-332-7474 ext. 275 justin@element74.com element74 website brilliance 7. From: Brennan, Nicolette [mailto:nbrennan@CityofCapeGirardeau.org] Sent: Wednesday, November 17, 2010 5:09 PM To: justin@element74.com Cc: Conrad, Gayle Subject: City of Cape Proposal We need clarification. Please reply all and address each issue immediately following each question. If a verbal conversation is required, please still answer as best you can and reference that you will be calling us to explain. Management staff will be meeting Thursday afternoon. Please respond by that time or at least let us know when we can expect answers to the questions below. Thank you and I am very sorry for the short notice. Nicolette Brennan Public Information Coordinator City E -News I Join us on Facebook nbrennan@cityotcapegirardeau.org City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 www.cityofcapegirardeau.org 573-339-6391 office 573-339-6302 fax 1. How much for additional space? Your proposal included I GB of storage for $600 annually (P.6). $25 for additional GB of space. 2. Is there a rate sheet you could send us? Sorry we don't have a rate sheet. 3. How many people, for how long, in how many sessions? Your proposal included training (P.6). We don't have any maximums for people per say, but we have found that smaller groups of 5-7 people are more effective. These trainings usually last about 1:30. Because of the vast number ofdepartments that you have, we are proposing up to 8 separate training sessions. In addition, we are also willing to provide a FREE monthly refresher course for the first 12 months for any who would feel the need to take advantage of this additional training. 4. What CMS version are we currently using? Easypost 2.2. The newest version is 2.8, which is quite a few versions ahead of 2.2. In fact, it doesn't look anything like the current one you are using. hhe newest version is much more user friendly and has it lot more options. 5. Which will we be buying and how long has it been available? You will actually be getting Easypost 2.9 which is unreleased. Easypost 2.8 has been available for about 6 months. 6. When would Element 74 propose that we plan to upgrade to the next CMS? 1?asypost 2.9 will give you just about anything you'll need for a while. I don't see its making any substantial upgrades in the near future. Easypost 2.9 will add the ability to make your own web forms. We have built this upgrade into your quote. 7. How much will it be to upgrade the CMS in the future (potentially without a redesign)? If and when we do make available an Easypost 3.0 and you would want to upgrade to that, the upgrade price would be around $1.000. I would not see the need for you to upgrade at least a few years. 8. Could we be trained to set-up redirecting URLs ourselves or would your staff have to set these up as needed? EXA11PLE: "www.ciryofcape.org/police" would redirect to ivrvw cityofccrpegir-arclecru org/ourdepartnvernts/police/policehome astux We could train You on how to do this. 9. Would there be an extra charge initially, ongoing or otherwise for redirecting? No additional cost if you are the ones doing the redirecting. 10. Would popular search engines like Google be able to index/access our site well? Yes. Search engines will be able to find your site. On the topic of SEO (search engine optimization), there are many thing you can do to make your site more popular with the engines. The newest version of Easypost will give you the tools to accomplish some of these goals. We also offer a full SEO package once the site goes live. This consist of our SEO specialist maximizing your site for all search engines. I can get in more detail about that if you want. Just let me know. 11. Will files and photos uploaded to our new Element 74 site retain their original file name? Yes, but does put 4 extra characters at end of the file to help with accidental overwriting. This feature can be removed. 12. Occasionally, tables created on our old site would look different in browsers like Firefox. Please explain how the new Element 74 product or training methods apply to this issue. We can create default table styles that will help avoid this. 13. Assuming City web admins use the site as instructed by Element 74, will the new Element 74 site automatically work with screen readers at no additional cost? Yes, it should work with most if not all screen readers. 14. Please provide an example (like another website, image or description) of how our visitors can adjust font size and additional price for this function if any. http://www.afb.org/default.asp ']-his is included in the quote. 15. Please provide an example (like another website, image or description) of how our visitors can change the language and additional price for this function if any. http:/hvww.baker-online.com/ This is included in the quote also. 16. Will the site's search function scan page text, file titles, file "metadata" if any, and text in PDFs? It will scan all that you mentioned except for "inetadata' . 17. Please explain the form module to be made available in March 2011 and clarify whether it is included in the proposal price. This is a basic module but it will give you the ability to create web forms much like a Contact Us form. I believe you have one on your site. You will be able to change the fields, etc. 18. What do we get for the proposed $750 for polls (is this a tool we use to make our own and how does it work)? Yes it is a tool that we give you the ability to create your own pools. 19. Unfortunately, Live Stats only covers the most active pages. Can our plan be modified, or another product used, so that we can check stats on every page and asset'? We are now using Googlc Analytics. It is a much better option. 20. I -low will the $300 transfer cost be affected if'... - we changed the menu and number/names of pages? This particular item will be no problem, but the following three could cause the price to increase. The $300 is including 4 hrs of content migration. Any additional work needed we can quote separately. - we do not want junk code leftover from copy/pasting from other programs - we want new formatting - we want all spaces (%20) in file/page names removed Agenda: December 6, 2010 Staff: Ken Eftink, Assistant City Manager/ Development Services Director SUBJECT Resolution Authorizing Release of Lien -915 Bloomfield Street Good Hope/Jefferson Neighborhood Restoration Project (HeRO Project) EXECUTIVE SUMMARY Attached is a resolution authorizing the release of lien for a forgivable rehabilitation grant on the property of Aurelia B Jones located at 915 Bloomfield Street. The time of this forgivable rehabilitation grant has expired and the lien can hereby be released. The total of the forgivable grant is $20,000.00. The amount of the lien to be released is $20,000.00 BACKGROUNDIDISCUSSION The release is a requirement of the HeRO program. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Benefits of the program include improved housing, quality of life and neighborhood stabilization. STAFF RECOMMENDATION 'Ihe staff recommends adoption of the attached resolution authorizing the release of lien. PUBLIC OUTREACH A public hearing was held for the grant application. ATTACHMENTS • BILL NO. 10-177, Resolution Authorizing Release of Lien • Recorded Regulatory Agreement • Release of lien BILL NO. 10-177 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR 915 BLOOMFIELD STREET FOR THE GOOD HOPE/JEFFERSON NEIGHBORHOOD RESTORATION PROJECT WHEREAS, the City of Cape Girardeau previously entered into an Agreement dated August 7, 2007, for the grant of funds to make repairs to property located at 915 Bloomfield Street - All of Lot Numbered Four (4) OF Yount, Ellis and Popp's Subdivision of Out Lot 15 to the City of Cape Girardeau, Missouri, as shown by plat of which will be found of record in Land Records of Cape Girardeau County, Missouri, all pursuant to the Good Hope/Jefferson Neighborhood Restoration Project; and WHEREAS, that grant agreement was recorded in the land records of Cape Girardeau County at 2007-11871, and the time period has now expired; and WHEREAS, it is the desire of the City of Cape Girardeau, Missouri, to release the lien created by the Agreement dated August 7, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager is authorized to execute a Release of Lien and to cause said Release to be recorded in the land records of Cape Girardeau County, Missouri, so that the above described property may be free of any lien or claim by the City of Cape Girardeau, Missouri, by reason of the Agreement dated August 7, 2007, and recorded at 2007-11871 of the land records of Cape Girardeau County, Missouri. PASSED AND APPROVED THIS DAY OF 2010. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk 2007-11871 fp`yfi N e JANET ROBERT RECORDER OF DEEDS 'CAPE GIRAROEAU COUNTY MO RECORDEDAND SEALED ON 08/17/2007 x AM REC FEE: $42.00 "fetin 1y n� PAGES: 7 JANET ROB REGULATORY AGREEMENT (HOME REPAIR PROGRAM) P fid Deputy (Three Year) (} August 7, 2007 GRANTEE: City of Cape Girardeau 401 Independence Street Cape Girardeau MO 63703 GRANTOR: Aurelia B. Jones 915 Bloomfield Street Cape Girardeau MO 63703 LF,GAL DESCRIPTION: See Exhibit "A" Page 2 of 7 REGULATORY AGREEMENT (HOME REPAIR PROGRAM FY 2007) (Three Year) THIS REGULATORY AGREEMENT (the "Agreement") made and entered into as of the 7th day of August, 2007, by and between Aurelia B. Jones (hereinafter called the "Owner"), whose address is 915 Bloomfield Street, Cape Girardeau Missouri 63703 and the City of Cape Girardeau, Missouri (hereinafter called the "City"), whose address is 401 Independence Street, Cape Girardeau, Missouri 63703. WITNESSETH: WHEREAS, the City, at the request of the Owner, is providing financing in the amount of $20.000.00 for certain home repairs, rehabilitation and/or reconstruction, with funds made available from the Missouri Housing Development Commission (MHDC) under the HOME Investment Partnerships Program (the "HOME" Program"), as described in Title 1I, the Cranston - Gonzalez National Affordable Housing Act (NAHA), Public Law No.1 0 1-625, 104 Stat. 4079 (1990), such financing being made pursuant to the rules and regulations promulgated thereunder, including 24 CFR 92 (the HUD Regulations), all applicable rules and regulations (the MHDC Regulations) promulgated pursuant thereto by MIIDC, and all other applicable State statutes (the State Act, MHDC Regulations, HOME, NAHA and HUD Regulations hereinafter collectively called the "Acts and Regulations"), the covenants, terms and conditions of which are by this reference incorporated herein as if set forth verbatim, as are the requirements of the City under that certain Owner -Based Assistance Master Agreement between the City and MHDC; and, WHEREAS, the City is using the HOME funds received from MHDC to finance certain repairs, rehabilitation and/or reconstruction of owner -occupied, single family dwelling units throughout its geographical jurisdiction in order to assist in the preservation of safe, decent and sanitary housing for qualified low-income homeowners; and, WHEREAS, the Owner is the occupant and owner in fee simple of residential land and improvements (Property) located in Cape Girardeau, (city) Cape Girardeau (county) in the State of Missouri and more particularly described in Exhibit "A", attached hereto and incorporated by reference herein; and, NOW, THEREFORE, in reliance on, and in consideration of, the mutual premises and covenants hereinafter set forth and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner and City agree as follows: 1. Concurrent with the execution by the Owner of the Construction Contract, the City agrees to have this Agreement and all amendments hereto, recorded in the official land records of the county in which the Property is located, and shall pay all fees and charges incurred in connection therewith. In like manner, City will be responsible to file a release at the end of the term of this Agreement and pay all costs associated therewith. 2. The Owner intends, declares and covenants that, during the term of this Agreement, this Agreement and the covenants and restrictions set forth herein regulating and restricting the Page 3 of 7 Owner's sale of the Property shall be binding on the Owner, as personal covenants of the Owner and shall run with the land. 3. The Owner represents and warrants that the execution and performance of this Agreement by the Owner will not violate, or as applicable, have not violated any provision of law, rule or regulation, or any order of any court or any agency or governmental body, and will not violate or, as applicable, have not violated any provision of an indenture, agreement, mortgage, mortgage note, or other instrument to which the Owner is a party or by which Owner or Owner's property is bound. 4. The Owner represents and warrants that at the time of the execution and delivery of this Agreement, the Owner has good and marketable title to the Property, free and clear of any lien or encumbrance, except the encumbrance created by this Agreement, a first mortgage lien, standard building set -back lines and easements, and other matters acceptable to the City as set forth on the loan title insurance policy for the Property. 5. The Owner is a low-income home owner and occupant as defined by the Acts and Regulations. 6. The Owner shall at all times comply with all applicable Home Repair program requirements and all applicable requirements set forth in the Act and Regulations as the same may be amended from time to time. In addition, Owner agrees to comply with Item 15 of the Homeowner's Affidavit and will not commit any acts or permit any of his/her agents, guests or any person acting on hisfher behalf to commit any acts which interfere with the work being performed by the contractor contracted by the agency un the Home Repair program. 8. The Owner also warrants that, throughout the term of this Agreement The Owner shall use and maintain the Property as Owner's principal residence and in no event shall Owner use said Property as rental or investment property. Further, Owner shall not sell, transfer or convey the Property or cause title to the Property to be vested in another party in any other manner, except as set forth below. If, prior to the expiration of this Agreement, the Owner sells the Property to anyone other than a qualified purchaser, the qualifications of whom will be determined solely by the City in accordance with the Acts and Regulations, the Owner agrees to repay the City all of the funds used to repair, rehabilitate and/or reconstruct the Property. If, prior to the expiration of the Agreement, should the Owner decide to refinance this property, the Owner agrees to repay the City all of the funds used to repair, rehabilitate, and/or reconstruct the Property. SUBORDINATiONS WILL NOT BE GRANTED. The Owner will not change the use of the Property, or any part thereof, to a use other than for single-family occupancy. Page 4 of 7 The Owner, as requested by the City, shall submit to the City such documentation as is required by the City to verify continuing compliance with this Agreement. The Owner hereby agrees and consents that the City shall be entitled, for any breach of the provisions of this Agreement hereof, which is not cured within ninety (90) days after delivery of a written notice of any such breach (or such longer period as shall be needed to cure such breach, provided that Owner expeditiously commences to cure same within such time period and diligently pursues same to completion), in addition to all other remedies provided by law or in equity, to enforce by specific performance all of the obligations of Owner under this Agreement in a state court of competent jurisdiction. The Owner hereby agrees that the representations and covenants set forth herein may be relied upon by City. 9. This Agreement and sale restrictions specified herein, shall commence on the date the Owner and City execute this Agreement (the "Commencement Date"), and shall automatically terminate on the third (3rd) anniversary of the Commencement Date. In the 10. This Agreement may not be amended without the prior written consent of the parties hereto. 11. The invalidity of any clause, part, or provision of this Agreement shall not affect the validity of the remaining portions thereof. 12. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when mailed by certified mail, return receipt requested, or personally delivered to the parties hereto, at the addresses set forth at the beginning of this Agreement, or to such other place as either party may from time to time designate in writing delivered to the other party in accordance herewith. 13. All forms required by this Agreement shall be on forms required or approved by the City. 14. This Agreement shall be governed by the laws of the State of Missouri, and where applicable, the laws of the United States of America. Page 5 of 7 IN WITNESS WIJEREOF, the parties have duly executed and delivered this Agreement as of the date first written above. OWNER: {�j� (l' O -Z df �aT ld 2l'�— Aurelia B. Jones Z� STATE OF MISSOURI ) ) ss. COUNTY OF Cape Girardeau ) ON this day of 2007, before me personally appeared �y �`'t�-��y�A� J known to me to be the person(s)who executed the foregoing Agreement and acknowledged to me thats� executed the same for the purposes therein stated and the said — acknowledged (himsel erse (themselves) to unmarric ( married). GIVEN under my hand and seal of office this day of s-,1xS , 2007. Notary Public CITY OF CAPE GIRARDEAU, MISSOURI Dough K. Leslie, City Manager My Commission expires: NOYTPfUeG; Myc«omtSSIME)#MS May 3, 2011 SOF Cape Girardeau County 07398317 M,'•' Commission CITY OF CAPE GIRARDEAU, MISSOURI Dough K. Leslie, City Manager Page 6 of 7 A4�, GiRq�� v �9G AAL✓ W ( `1 O ATTEST/WITNESS: 1.o �C yK T11E trtvION i `SEAL *� STATE OF MISSOURI ) ss. COUNTY OF Cane Girardeau 1 ON this JfL.dayof i , 2007, before me appeared Douglas K. Leslie, known to me personally and own to me, being duly sworn, did say that he is the City Manager of the City of Cape Girardeau and that said instrument was signed by virtue of the authority vested in him and acknowledged that he executed the aforesaid instrument for and on behalf of the City of Cape Girardeau for the purpose therein expressed. Notary Public My commission expires: NOTARY SE " Martha J. Brown, Notary Public Cape Girardeau County, State of Missouri i MY Commission Expires 12 612009 Commission Number 05400060 Page 7 oil EXMIT "A" LEGAL DESCRIPTION All of Lot Numbered Four (4) of Yount, Ellis and Popp's Subdivision of Out Lot 15 to the City of Cape Girardeau, Missouri, as shown by plat of which will be found of record in Land Records of Cape Girardeau County, Missouri RELEASE OF LIEN WHEREAS, Aurelia B. Jones is the owner of a dwelling unit located on the following described real estate in the City of Cape Girardeau, Cape Girardeau County, Missouri, more particularly described as follows, to -wit: 915 Bloomfield Street — All of Lot Numbered Four (4) of Yount, Ellis and Popp's Subdivision of Out Lot 15 to the City of Cape Girardeau, Missouri, as shown by plat of which will be found of record in Land Records of Cape Girardeau County, Missouri. WHEREAS, the City of Cape Girardeau, Missouri, previously authorized a grant of money for the repair, rehabilitation and improvement of this dwelling; and WHEREAS, this Regulatory Agreement for the grant of moneys for repair was made in writing dated August 7, 2007, and recorded in 2007-11871 of the land records of Cape Girardeau County, Missouri; and WHEREAS, said Regulatory Agreement constituted a lien against. the above described property; and WHEREAS, said time period for said lien has expired; and WHEREAS, it is the desire and intention of the City of Cape Girardeau, Missouri, to release the lien. NOW, THEREFORE, comes the City Manager of the City of Cape Girardeau, Missouri, pursuant to Resolution Number , adopted by the City Council of Cape Girardeau, Missouri, on December 6, 2010, authorizing the City Managerto execute this Release and the City Manager, pursuant to said authorization of the City Council, does hereby remise, release and forever quit claim its lien against the above described property on account of the hereinabove described agreement. Further, the City of Cape Girardeau, Missouri, its successors and assigns shall be forever excluded and barred from enforcing said lien. CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI SS. COUNTY OF CAPE GIRARDEAU ) On this _ day of December, 2010, before me appeared Scott A. Meyer to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that said instrument was signed and sealed on behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written LaDonna Laub, Notary Public My Commission Expires: August 4, 2011 Agenda: December 6, 2010 Staff: Dan Muser, Director of Parks & Recreation SUBJECT New Family Aquatic Center and Renovations for Osage Community Centre Construction Phase II, Accept Improvements and Authorize Final Payment to Contractor. EXECUTIVE SUMMARY One of the projects funded by the Parks and Recreation/Storm Water Sales Tax is a new Family Aquatic Center and renovations of the Osage Community Centre. The project was designed in two phases of construction. The first phase consisted of site demolition work, grading, paving, drainage and utilities. The second phase of the project consisted of construction of the Aquatic Center and Osage Community Centre renovations. BACKGROUND/DISCUSSION On July 6, 2008 the Council passed Resolution No. 2459 authorizing the City Manager to enter into a contract for professional Architectural and Engineering Services with Markey and Associates, Inc. for construction of a Family Aquatic Center and renovation of the Osage Community Centre. The fee for these services was not to exceed $448,000.00. The second phase or main bid package was publicly advertised and five bids were received. The bidders were allowed to bid on Part A Base Bid New Family Aquatic Centre and/or Park B Base Bid Renovations to Osage Community Centre. 1 here were six Add Alternate items for the Aquatic Center and two Add Alternates for the Osage Community Centre. In addition there was a deduction from the total bid amount of Parts A and B if the bidder was awarded both parts. Two bidders bid on both parts with the high combined Base -Bid for Parts A and B $6,139,076.00 and the low combined bid $6,012,000.00. The lowest combined bid by Penzel Construction also offered a deduction of $90,000.00 if both parts were awarded. With that deduct, no other bid combinations resulted in a lower combined price. Penzel Construction's low combined bid with all Add Alternates and the offered deduct was $6,815,000.00. No combination of Add -alternates or deducts resulted in a lower combined bid than that by Penzel. The low bid was below the architect's estimate of $7,853,000 for this phase of the project including all add alternates. This low bid along with the first phase, contract, design and engineering costs and various owner supplied cost enabled the completion of this project within the $8,775,000.00 budget. The add alternates were stipulated to remain awardable as a change order for 60 days from the date of contract. Resolution No. 2459 passed July 6, 2009 authorized the City Manager to enter into a contract with Penzel Construction Co., Inc. for a contract amount of $6,815,000.00. The Notice to Proceed was issued on July 9, 2009. Change Order 41 included two items. Item No. I deleted four parking lot fixtures for the Add - Alternate parking lot that was not awarded and not to be constructed. Item No. 2 installed variable frequency drive units on the motor starters driving the filter pumps for the three Aquatic Center pools. The change was recommended by the filter manufacturer following an analysis that this could save as much as 10% in operating costs. This change decreased the contract price by $4,600.00. Change Order 92 had one item that added two hand sinks and a toilet to the concession prep area along with resultant walls, plumbing, ventilation and lighting. This was justified by complying with the Cape Girardeau County Health Department recommendations that it would cost more if retro fitted at a later date. This change order increased the contract by $15,546.25. Change Order # 3 changed the contract time on the stipulated completion date to April 27, 2010. Change Order #4 had a list of minor additions and deletions that were presumed to be the final changes to the contract. The net change for the project increased the contract sum by $4,116.70. Change Order #5 had a detailed proposal of work that prepared the bathhouse at Central Municipal Pool for the new air -lock entry to be installed by Arizon and restriping and painting the pool ahead of the installation of the new Arizon Fabric Structure. This work was to be completed by October 20, 2010. The net change for the project increased the contract sum by $89,625.56. Change Order #6 for additional work at Central Municipal Pool was required when the uncovered existing conditions differed from the original facility drawings. This change increased the contract by $7,773.15. FINANCIAL IMPACT The completed construction cost for the Early Award site Package for the new Family Aquatic Center and Renovation for Osage Community Center is $6,830,062.95. This project was funded by revenues from the Parks and Recreation/Storm Water Sales Tax. SUSTAINABILITY• ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The family aquatic center "Cape Splash" has provided a tremendous recreational opportunity for the citizens of Cape Girardeau in their backyard. In addition it is attracting visitors from the surrounding communities including those from several states. The additional meeting rooms at the Osage Community Centre further enhances opportunities to attract conventions and meetings to the city benefiting the business community including hotels and restaurants and increasing city sales tax receipts. The expansion of the fitness area will provide a low cost opportunity for users who want to have a healthy life style with more flexibility of use. STAFF RECOMMENDATION Staff recommends that the Council, by motion, accept the improvements as presented and authorize the final payment to Penzel Construction Co., Incorporated. ATTACHMENTS • Fetter from Markey and Associates, Inc. Markey � xes7--i„.. ' and Associates, Inc. November 29, 2010 Mr. Dan Moser. Director Cape Girardeau Parks and Recreation Department 410 Kiwanis Drive Cape Girardeau, MO 63701 Re: Cape Girardeau - Osage Center Main Package — Penzel Contract Close-out Dear Mr. Muser: We have completed, along with our principal consultants, a final inspection of the work on the referenced construction contract by Penzel Construction Company, Inc. We find that the work has been completed in substantial conformance with the Plans and Specifications. We recommend acceptance of the work by the City, and upon receipt of the final Pay Request and all requested close-out documents, we recommend final payment and release of remaining retainage to Penzel. Sincerely, Markey and Associates, Inc. David N. Markey, P.E. President 4253 Edgewater Court Nth' • Kemlesaw, Georgia 30144 • (770) 424-1306 w�«vmarkcy-consult.com • din arkcy@markcy-considt.com Agenda: December 6, 2010 Staff: Ken Eftink, Assistant City Manager / AGENDA REPORT Director of Development Services Cape Girardeau City Council SUBJECT Motion approving the modification of the Special Use Permit for a telecommunication tower at 204 North Kingshighway and changing the ownership of the Special Use Permit to include both Roberts Communication Properties, LLC and American Tower Corporation EXECUTIVE SUMMARY This agenda item calls for the modification of the Special Use Permit allowing a telecommunication tower at 204 North Kingshighway. It is the request of the owner of the property to add a shelter along with antennas and coax to the existing tower. This agenda item also calls to change the ownership of the Special Use Permit to include both Roberts Communication Properties, LLC and American Tower Corporation. BACKG ROUND/DISC USSION A special use permit allowing a telecommunication tower to be constructed on the property located at 204 Rear North Kingshighway was granted to Roberts Communications Properties, LLC by Ordinance No. 2709 on April 17'h, 2000. Roberts Communication Properties, LLC has maintained ownership of the property. The cell tower was sold to American Tower Corporation in September of 2009. AT&T plans to lease tower space from American Tower Corporation. Black and Veatch is requesting on behalf of AT&T to add a shelter to the property at 204 Rear North Kingshighway along with antennas and coax to the existing tower. Please see the attached plan sheets. The requested change from the original building permit needs to be approved by motion as per a condition on the special use permit which states, "any addition or modification from the original building permit must be approved by City Council". STAFF RECOMMENDATION Staff recommends that the City Council approve, by motion, the modification to the original building permit as submitted to Inspection Services to allow the construction of a shelter and antenna. Staff also recommends that the City Council approve, by motion, the change in ownership to include Roberts Communication Properties, LLC and American Tower Corporation. It is the City's policy to encourage businesses to collocate on existing towers. ATTACHMENTS • Letter from Black & Veatch • Part of the building1p ans showing the location of the shelter • Copy of the recorded special use permit • Aerial Map BLACK & VEATCH Building a Wood of difference. 15450 South Outer Forty Drive, Suite 200 Chesterfield, MO 63017 636532-7940 December 1, 2010 Sent via Email City of Cape Girardeau, Missouri Planning Division 401 Independence Street Cape Girardeau, MO 63703 Dear Mr. Reinhardt, I am writing to you on behalf of AT&T. AT&T is adding a shelter to the property at 204 N. Kingshighway, Rear, Cape Girardeau, along with antennas and coax to the existing tower per the plans submitted to the City previously for review. The existing cell tower is located on property subject to a special use permit that was granted by City Ordinance Number 2709 on April 17, 2000, to Roberts Communications Properties, L.L.C. Roberts has retained the property, however, sold the tower to American lower Corporation in September, 2009. AT&T will lease tower space from ATC. ATC owns the tower and leases ground space from Roberts. Therefore, I am also requesting that the ownership of the special use permit be revised to reflect the ownership change, to include Amer can lower Corporation. One of the conditions on the special use permit was that any addition or modification from the original building permit must be approved by City Council. i respectfully request the City's approval for this work and ask that the request is placed on the next available Council Meeting on December 6, 2010. Thank you for your consideration. Sincerely, _ Arleta Davidson Site Acquisition cc: Mary Kreps LEGEND GENERAL NOTES BASIS OF BEARINGS PARKING STALLS LEGAL DESCRIPTION ZOMNG NOTES - LAND AREA �[,�. .•w...r�� luii lc— a a _ 'y � •�=o oND � q r -IT >I 1 1 i Il.1B 3. 063 .� ✓ / EC [ EES Wi. 1 11 a, I ry A.1111I Sa31OC I'll, 0000 OP DCI ITT 1 it w I CPtnmr SCALE THAs a 000690 SPECIAL USE PERMIT ROG3:�fP i Roberts Wireless Properties, LLC, 1408 North Kingshighway Boulevard, St. Louis, Mo 63113, by James W. Nold, J.W. Nold Company, Inc., 5801 West Highway 161, P. O. Box 23798, Belleville, IL 62223, are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a 195 -foot monopole antenna, on the following described property for an indefinite period of time: Tract 1: That part of Block Five (5) of Harris Subdivision as shown by plat recorded in Plat Book 4 at page 57, in the City of Cape Girardeau, Missouri, described as follows: Commence at the Northwest corner of Spring Avenue and Themis Street; thence North 81 degrees 40' West, along the North line of Themis Street a distance of 396.0 feet; thence North 8 degrees 20' East, 151.0 feet for a beginning corner; thence continue North 8 degrees 20' East 144.9 feet; thence North 81 degrees 40' West 207.2 feet; thence South 06 degrees 39' East, 150.0 feet; thence South 81 degrees 40' East, 168.4 feet to the point of beginning. Tract II: That part of Block Five (5) of Harris Subdivision as shown by plat recorded in Plat Book 4 at page 57, in the City of Cape Girardeau, Missouri, described as follows: Start at the Northwest corner of Spring Avenue and Themis Street; thence North 81 degrees 40' West, along the North line of Themis Street 396.0 feet; thence North 8 degrees 20' East, 151.0 feet to the Southeast corner of parcel of land as same is described in Deed recorded in Book 185 at page 455 of the Land Records of Cape Girardeau County, Missouri; thence continue North 8 degrees 20' East 144.9 feet to the Northeast corner of aforementioned parcel thence North 81 degrees 40' West 207.2 feet to the Northwest corner of aforementioned parcel and the point of beginning; thence continue North 81 degrees 40' West 101.9 feet, to the East right of way line of U.S. Route 61, for a corner; thence south 06 degrees 39' East, 150.0 feet, along said right of way, for a corner; thence South 81 degrees 40' East, 101.9 feet to the Southwest corner of aforementioned parcel for a corner; thence North 6 degrees 39' West, 150.0 feet to the Northwest corner of aforementioned parcel and the point of beginning. LESS AND EXCEPTING THEREFROM Tracts I and II: Those lands conveyed to the City of Cape Girardeau, Missouri by Warranty Deed recorded in Book 583 at page 138 described as follows: That part of Block 5, Harris Subdivision of Lots 5, 8, 9, 12, and 13 of Sturdivant's Subdivision in ao;;�l���PrtiE73t� U.S.P. Private Survey No. 2199, Township 31 North, Range 13 East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, described an follows: Commence at the Southeast Corner of Block 5 of Harris subdivision, being also the Northwest corner of the intersection of Spring Street and Themis Street; thence North 83 degrees 04' 04" West, with the North line of Themis Street, 552.26 feet; thence North 8 degrees 02' 140 West, 155.97 feet, to the place of beginning; thence North 8 degrees 02' 14" West, 149.99 feet; thence North 83 degrees 04' 04" West, 73.99 feet, to a point on the East right-of-way line of U.S. Highway 61; thence. with said East line, South 8 degrees 03' 06" East, 150.00 feet; thence South 83 degrees 04' 04" East, 73.95 feet, to the place of beginning. This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. Additions or modifications from the original building permit must be approved by the City Council. 2. Special use shall meet all applicable zoning regulations. 3. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 4. This Special Use Permit is not transferrable without consent of the City Council. IN WITNESS WHEREOF, the Ci Girard u,. Missouri, affixes ooud055P-,GE731 E the City of Cape this _L?hA' day of Michael G. Miller City Manager ss. COUNTY OF CAPE GIRARDEAU 1 On this 1SL day of ' o'/ 20 ©� before me appeared Michael G. Miller, to Ye personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. TESTIMONY,; WHEREOF, I have hereunto set my hand and affixed ial sea1,'.at..,my office in.Cape Girardeau, Missouri, the day first;=ahove written. Filed I- cord APR 21 2000 Janet Cape Delores G. Needham, Notary Public STATE OF 3SOURI l ss Girardeau,') was FIip Ib9It and time�� s h$ Book �G= vment e, date' ice.. I I . . .. Agenda: December 6, 2010 Staff: Ken Eftink, Assistant City Manager/ Director of Development Services SUBJECT An Ordinance Accepting Fee Simple Interest and Temporary Construction Easements from Various Property Owners for the Lewis and Clark Parkway (Veterans Memorial Drive Phase 1) Project EXECUTIVE SUMMARY The attached Ordinance would accept fee simple interest (right-of-way) and temporary construction easements from four property owners for the Lewis and Clark Parkway project. This project extends south of LaSalle Avenue through the Southeast Missouri University Foundation property and connects with County Road 620 near its intersection with County Road 306 (Bainbridge Road) just south of County Road 618. BACKGROUND/DISCUSSION Lewis and Clark Parkway will be named Veterans Memorial Drive when completed and comprises the northernmost phase for Veterans Memorial Drive between LaSalle Avenue and Hopper Road. The new road will be a four -lane road near its intersection with LaSalle Avenue and then transition to a two-lane road. County Road 618 will intersect Lewis and Clark Parkway at a right angle. Lewis and Clark Parkway will replace County Road 618 south of this new intersection to the intersection with County Road 306. This project is being funded through a Federal Earmark and STP -Urban monies. FINANCIAL IMPACT There will be maintenance costs associated with the new road. SUSTAINABILITY: ECONOMIC ENVIRONMENTAL AND SOCIAL IMPACTS The new road will open up this C-1 Commercial area of the City for future development. STAFF RECOMMENDATION The staff recommends that the Council approve the first reading of the Ordinance accepting fee simple interest and temporary construction easements for this project. PUBLIC OUTREACH Public meetings to receive input on this project were held on November 15, 2007 and February 28, 2008. BILL NO. 10- 169 ORDINANCE NO. AN ORDINANCE ACCEPTING FEE SIMPLE INTEREST AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE LEWIS AND CLARK PARKWAY (VETERANS MEMORIAL DRIVE PHASE 1) PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hereby accepts fee simple interest from the Southeast Missouri University Foundation, conveying property to the City of Cape Girardeau, Missouri for the Lewis and Clark Parkway (Veterans Memorial Drive Phase 1) project, more particularly described as follows, to -wit: THAT PART OF UNITED STATES PRIVATE SURVEY NUMBERS 202 AND 790, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found 2 1/2" diameter iron pipe marking the Northwest corner of United States Private Survey number 202; thence with the North line of said U.S.P.S. 202, South 83°44'23" East, 2,516.89 feet to the Northeast comer of said U.S.P.S. 202; thence leaving said North line and with the East line of said U.S.P.S. 202, South 05°37'09" West, 1,320.64 feet to the Point of Beginning; thence continue with said East line, South 05°37'09" West, 25.03 feet to a point on the North line of a tract of land recorded in document number 2008-15288; thence with said North line, North 81°19'13" West, 1.34 feet; thence with the arc of a curve concave to the Southeast having a radius of 200.00 feet and a length of 155.45 feet, (said are has a chord bearing of South 76°24'47" West and a length of 151.57 feet); thence with the arc of a curve concave to the Southeast having a radius of 875.00 feet and a length of 226.08 feet, (said arc has a chord bearing of South 46°44'40" West and a length of 225.46 feet); thence leaving said North line and with the are of a curve concave to the Southwest having a radius of 370.00 feet and a length of 448.67 feet, (said arc has a chord bearing of North 16°28'42" West and a length of 421.68 feet); thence North 51 °13'03" West, 46.38 feet; thence with the arc of a curve concave to the Northeast having a radius of 470.00 feet and a length of 250.50 feet, (said arc has a chord bearing of North 35°56'56" West and a length of 247.54 feet); thence North 20°40'49" West, 483.33 feet; thence with the arc of a curve concave to the Southeast having a radius of 1,050.00 feet and a length of 886.98 feet, (said arc has a chord bearing of North 03°31'11 " East and a length of 860.84 feet); thence North 27°43'11" East, 942.43 feet; thence with the arc of a curve concave to the Northwest having a radius of 370.00 feet and a length of 317.21 feet, (said arc has a chord bearing of North 03°09'33" East and a length of 307.59 feet); thence North 21'24'06" West, 67.41 Page 1 of 8 feet; thence North 66°24'06" West, 101.82 feet to a point on the South Right of Way line of LaSalle Avenue; thence with said South line, North 68°35'54" East, 244.00 feet; thence leaving said South line, South 23°35'54" West, 101.82 feet; thence South 21°24'06" East, 67.41 feet; thence with the arc of a curve concave to the Southwest having a radius of 470.00 feet and a length of 402.94 feet, (said arc has a chord bearing of South 03°09'33 West and a length of 390.72 feet); thence South 27°43'11" West, 942.43 feet; thence with the arc of a curve concave to the Southeast having a radius of 950.00 feet and a length of 802.50 feet, (said arc has a chord bearing of South 03°31'11" West and a length of 778.85 feet); thence South 20°40'49" East, 483.33 feet; thence with the arc of a curve concave to the Northeast having a radius of 370.00 feet and a length of 197.20 feet, (said arc has a chord bearing of South 35°56'56" East and a length of 194.88 feet); thence South 51°13'03" East, 46.38 feet; thence with the are of a curve concave to the Southwest having a radius of 470.00 feet and a length of 319.54 feet, (said arc has a chord bearing of South 31°44'27" East and a length of 313.42 feet); thence South 54°37'47" East, 26.95 feet; thence North 83°00'18" East, 126.00 feet; thence with the are of a curve concave to the Southwest having a radius of 226.16 feet and a length of 60.54 feet, (said arc has a chord bearing of South 89°19'37" East and a length of 60.36 feet) to the Point of Beginning, and containing 359,299 square feet (8.25 acres), more or less. ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts a temporary construction easement executed by the Southeast Missouri University Foundation, conveying an easement to the City of Cape Girardeau, Missouri for the Lewis and Clark Parkway (Veterans Memorial Drive Phase 1) project, more particularly described as follows, to -wit: THAT PART OF UNITED STATES PRIVATE SURVEY NUMBERS 202 AND 790, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found 2 1/2" diameter iron pipe marking the Southwest comer of United States Private Survey number 790; thence with the South line of said U.S.P.S. 790, South 83°44'23" East, 1,492.23 feet to the Point of Beginning; thence leaving said South line and with the arc of a curve concave to the Southeast having a radius of 1,100.00 feet and a length of 347.28 feet, (said arc has a chord bearing of North 18°40'31" East and a length of 345.84 feet); thence North 27°43'11" East, 318.09 feet; thence North 62°16'49" West, 95.01 feet; thence North 04°53'54" East, 82.81 feet; thence North 37°10'09" West, 95.61 feet; thence North 64°22'58" West, 135.46 feet; thence North 21'24'06" West, 347.79 feet; thence North 68°35'56" East, 601.47 feet; thence North 21'24'04" West, 105.00 feet; thence North 68°35'44" East, 102.99 feet; thence South 66°24'06" East, 101.82 feet; thence South 21 °24'06" East, 67.41 feet; thence with the are of a curve concave to the Northwest having a radius of 370.00 feet and a length of 317.21 feet, (said are has a chord bearing of South 03°09'33" West and a length of 307.59 feet); thence South 27°43'11" West, 450.52 feet; thence North 62°16'49" West, 30.00 feet; thence South 27°43'11" West, 30.00 feet; thence South 62°16'49" East, 30.00 feet; thence South 27°43'11" West, 76.72 feet; thence North 25°13'25" West, 37.59 feet; thence South 27°43'11" West, 37.59 feet; thence South 25° 13'25" East, 37.59 feet; thence South 27°43'11" West, 347.60 feet; Page 2 of 8 thence with the are of a curve concave to the Southeast having a radius of 1,050.00 feet and a length of 886.98 feet, (said arc has a chord bearing of South 03°31'11" West and a length of 860.84 feet); thence South 20°40'49" East, 483.33 feet; thence with the arc of a curve concave to the Northeast having a radius of 470.00 feet and a length of 250.50 feet, (said arc has a chord bearing of South 35°56'56" East and a length of 247.54 feet); thence South 51°13'03" East, 46.38 feet; thence with the are of a curve concave to the Southwest having a radius of 370.00 feet and a length of 314.10 feet, (said arc has a chord bearing of South 26°53'53" East and a length of 304.75 feet); thence South 43°52'48" West, 74.73 feet; thence with the arc of a curve concave to the Southwest having a radius of 320.00 feet and a length of 323.35 feet, (said arc has a chord bearing of North 22°16'10" West and a length of 309.77 feet); thence North 51°13'03" West, 46.38 feet; thence with the arc of a curve concave to the Northeast having a radius of 520.00 feet and a length of 277.15 feet, (said arc has a chord bearing of North 35°56'56" West and a length of 273.88 feet); thence North 20°40'49" West, 483.33 feet; thence with the arc of a curve concave to the Northeast having a radius of 1,100.00 feet and a length of 581.93 feet, (said arc has a chord bearing of North 05°31'29" West and a length of 575.17 feet) to the Point of Beginning, and containing 496,352 square feet (11.39 acres), more or less. ALSO: THAT PART OF UNITED STATES PRIVATE SURVEY NUMBERS 202 AND 790, IN TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found 2 1/2" diameter iron pipe marking the Northwest comer of United States Private Survey number 202; thence with the North line of said U.S.P.S. 202, South 83°44'23" East, 1,642.53 feet; thence leaving said North line and with the are of a curve concave to the Southeast having a radius of 950.00 feet and a length of 291.09 feet, (said arc has a chord bearing of North 18°56'30" East and a length of 289.95 feet); thence North 27°43'11" East, 272.09 feet; thence South 25°13'25" East, 112.78 feet; thence South 27°43'11" West, 25.06 feet; thence North 25°13'25" West, 50.12 feet; thence South 27'43'11 " West, 209.27 feet; thence with the arc of a curve concave to the Southeast having a radius of 900.00 feet and a length of 760.27 feet, (said arc has a chord bearing of South 03°31'11" West and a length of 737.86 feet); thence South 20°40'49" East, 483.33 feet; thence with the are of a curve concave to the Northeast having a radius of 320.00 feet and a length of 170.55 feet, (said are has a chord bearing of South 35°56'56" East and a length of 168.54 feet); thence South 5I'l3'03" East, 46.38 feet; thence with the are of a curve concave to the Southwest having a radius of 520.00 feet and a length of 313.95 feet, (said arc has a chord bearing of South 33°55'17" East and a length of 309.20 feet); thence South 60'15'03" West, 51.49 feet; thence with the are of a curve concave to the Southwest having a radius of 470.00 feet and a length of 295.46 feet, (said arc has a chord bearing of North 33'12'31" West and a length of 290.62 feet); thence North 51013'03" West, 46.38 feet; thence with the are of a curve concave to the Northeast having a radius of 370.00 feet and a length of 197.20 feet, (said arc has a chord bearing of North 35°56'56" West and a length of 194.88 feet); thence North 20°40'49" West, 483.33 feet; Page 3 of 8 thence with the arc of a curve concave to the Southeast having a radius of 950.00 feet and a length of 511.41 feet, (said arc has a chord bearing of North 05°15'30" West and a length of 505.26 feet) to the Point of Beginning, and containing 103,646 square feet (2.38 acres), more or less. ALSO: THAT PART OF UNITED STATES PRIVATE SURVEY NUMBER 790, IN TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found 2 1/2" diameter iron pipe marking the Southwest comer of United States Private Survey number 790; thence with the South line of said U.S.P.S. 790, South 83°44'23" East, 1,642.53 feet; thence with the arc of a curve concave to the Southeast having a radius of 950.00 feet and a length of 291.09 feet, (said are has a chord bearing of North 18°56'30" East and a length of 289.95 feet); thence North 27°43'11" East, 309.68 feet to the Point of Beginning; thence North 27°43'11" East, 632.75 feet; thence with the arc of a curve concave to the Northwest having a radius of 470.00 feet and a length of 402.94 feet, (said are has a chord bearing of North 03°09'33" East and a length of 390.72 feet); thence North 21°24'06" West, 67.41 feet; thence North 23035'54" East, 101.82 feet; thence North 68°35'54" East, 41.92 feet; thence South 23°35'54" West, 90.40 feet; thence South 21'24'06" East, 75.49 feet; thence with the arc of a curve concave to the Northwest having a radius of 520.00 feet and a length of 445.81 feet, (said arc has a chord bearing of South 03°09'33" West and a length of 432.28 feet); thence South 27°43'11" West, 645.44 feet; thence South 25°13'25" East, 50.12 feet; thence South 27°43'11" West, 25.06 feet; thence North 25°13'25" West, 112.78 feet to the Point of Beginning, and containing 61,224 square feet (1.40 acres), more or less. ALSO: THAT PART OF UNITED STATES PRIVATE SURVEY NUMBER 202, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found 2 1/2" diameter iron pipe marking the Northwest comer of United States Private Survey number 202; thence with the North line of said U.S.P.S. 202, South 83°44'23" East, 2,516.89 feet to the Northeast corner of said U.S.P.S. 202; thence leaving said North line and with the East line of said U.S.P.S. 202, South 05°37'09" West, 1,300.62 feet to the Point of Beginning; thence continue with said East line, South 05°37'09" West, 20.02 feet; thence with the arc of a curve concave to the Southeast having a radius of 226.16 feet and a length of 60.54 feet, (said are has a chord bearing of North 89°19'37" West and a length of 60.36 feet); thence South 83100'18" West, 75.26 feet; thence North 29°44'57" West, 21.69 feet; thence North 83000118" East, 83.65 feet; thence with the are of a curve concave to the Southwest having a radius of 246.16 feet Page 4 of 8 and a length of 64.94 feet, (said arc has a chord bearing of South 89°26'15" East and a length of 64.75 feet) to the Point of Beginning, and containing 2,844 square feet, more or less. ARTICLE 3. The City of Cape Girardeau, Missouri hereby accepts fee simple interest from CLILA, LP, conveying property to the City of Cape Girardeau, Missouri for the Lewis and Clark Parkway (Veterans Memorial Drive Phase 1) project, more particularly described as follows, to -wit: THAT PART OF UNITED STATES PRIVATE SURVEY NUMBER 202, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found 2 1/2" diameter iron pipe marking the Northwest corner of United States Private Survey number 202; thence with the North line of said U.S.P.S. 202, South 83°44'23" East, 2,516.89 feet to the Northeast corner of said U.S.P.S. 202; thence leaving said North line and with the East line of said U.S.P.S. 202, South 05°37'09" West, 1,345.67 feet to a point on the North line of a tract of land recorded in document number 2008-15288, said point also being to the Point of Beginning; thence leaving said North line and continue with said East line, South 05°37'09" West, 25.04 feet; thence leaving said East line and with the arc of a curve concave to the Southeast having a radius of 176.16 feet and a length of 49.53 feet, (said arc has a chord bearing of North 88°56'25" West and a length of 49.37 feet); thence South 83°00'18" West, 98.38 feet to a point on said North line; thence continue with said North line and with the arc of a curve concave to the Southeast having a radius of 875.00 feet and a length of 1.00 feet, (said are has a chord bearing of North 54°06'50" East and a length of 1.00 feet); thence with the are of a curve concave to the Southeast having a radius of 200.00 feet and a length of 155.45 feet, (said arc has a chord bearing of North 76°24'47" East and a length of 151.57 feet); thence South 81 °19'13" East, 1.34 feet to the Point of Beginning, and containing 3,007 square feet, more or less. ALSO: THAT PART OF UNITED STATES PRIVATE SURVEY NUMBER 202, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found 2 1/2" diameter iron pipe marking the Northwest corner of United States Private Survey number 202; thence with the North line of said U.S.P.S. 202, South 83°44'23" East, 2,516.89 feet to the Northeast corner of said U.S.P.S.; thence leaving said North line and with the East line of said U.S.P.S. 202, South 05°37'09" West, 1,345.67 feet to a point on the North line of a tract of land recorded in document number 2008- 15288; thence leaving said East line and with said North line, North 81°19'13" West, 1.34 feet; thence with the are of a curve concave to the Southeast having a radius of 200.00 feet and a length of 155.45 feet, (said arc has a chord bearing of South 76°24'47" West Page 5 of 8 and a length of 151.57 feet); thence with the arc of a curve concave to the Southeast having a radius of 875.00 feet and a length of 56.65 feet, (said are has a chord bearing of South 52°13'36" West and a length of 56.64 feet) to the Point of Beginning; thence leaving said North line and with the arc of a curve concave to the Northwest having a radius of 470.00 feet and a length of 329.09 feet, (said arc has a chord bearing of South 19°39'33" West and a length of 322.40 feet); thence South 39°43'05" West, 28.96 feet; thence with the arc of a curve concave to the Southeast having a radius of 370.00 feet and a length of 335.83 feet, (said arc has a chord bearing of South 13°42'58" West and a length of 324.42 feet); thence South 12117'09" East, 223.26 feet; thence with the are of a curve concave to the Northeast having a radius of 680.00 feet and a length of 213.84 feet, (said are has a chord bearing of South 21'17'41 " East and a length of 212.96 feet); thence South 30°18'13" East, 108.86 feet to a point on the East Right of Way line of Interstate 55; thence with said Right of Way line, North 42°57'36" West, 36.60 feet; thence North 29°43'16" West, 272.95 feet; thence North 13°49'21" West, 307.61 feet; thence North 08°34'55" East, 271.02 feet; thence North 35°48'02" East, 202.48 feet; thence North 59°42'44" West, 39.24 feet to a point on said North line of said tract of land recorded in document number 2008-15228; thence leaving said Right of Way line, with said North line and with the arc of a curve concave to the Southeast having a radius of 875.00 feet and a length of 191.28 feet, (said arc has a chord bearing of North 44°06'33" East and a length of 190.90 feet) to the Point of Beginning, and containing 54,494 square feet (1.25 acres), more or less. ARTICLE 4. The City of Cape Girardeau, Missouri hereby accepts a temporary construction easement executed by CLILA, LP, conveying an easement to the City of Cape Girardeau, Missouri for the Lewis and Clark Parkway (Veterans Memorial Drive Phase 1) project, more particularly described as follows, to -wit: THAT PART OF UNITED STATES PRIVATE SURVEY NUMBER 202, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found 2 1/2" diameter iron pipe marking the Northwest corner of United States Private Survey number 202; thence with the North line of said U.S.P.S. 202, South 83°44'23" East, 2,516.89 feet to the Northeast corner of said U.S.P.S.; thence leaving said North line and with the East line of said U.S.P.S. 202, South 05°37'09" West, 1,370.71 feet to the Point of Beginning; thence continue with said East line, South 05°37'09" West, 20.04 feet; thence leaving said East line and with the arc of a curve concave to the Southwest having a radius of 156.16 feet and a length of 45.13 feet, (said arc has a chord bearing of North 88°42'58" West and a length of 44.97 feet); thence South 39°10'21" West, 164.79 feet; thence with the are of a curve concave to the Northwest having a radius of 520.00 feet and a length of 262.24 feet, (said are has a chord bearing of South 25116'15" West and a length of 259.47 feet); thence South 39°43'05" West, 28.96 feet; thence with the are of a curve concave to the Southeast having a radius of 320.00 feet and a length of 121.32 feet, (said arc has a chord bearing of South 28°51'23" West and a length of 120.60 feet); thence North 72°00'18" West, 30.00 feet; thence with the arc of a Page 6 of 8 curve concave to the Southeast having a radius of 350.00 feet and a length of 184.97 feet, (said are has a chord bearing of South 02°51'16" West and a length of 182.83 feet); thence South 12°17'09" East, 223.26 feet; thence with the arc of a curve concave to the Northeast having a radius of 660.00 feet and a length of 207.55 feet, (said arc has a chord bearing of South 21°17'41" East and a length of 206.69 feet); thence South 30°18'13" East, 106.65 feet; thence South 42°57'36" East, 110.30 feet to a point on said East line of U.S.P.S. 202; thence with said East line, South 05°37'09" West, 26.67 feet to a point on the East Right of Way line of Interstate 55; thence with said East line, North 42°57'36" West, 130.17 feet; thence leaving said East line, North 30°18'13" West, 108.86 feet; thence with the arc of a curve concave to the Northeast having a radius of 680.00 feet and a length of 213.84 feet, (said arc has a chord bearing of North 21'17'41 " West and a length of 212.96 feet); thence North 12°17'09" West, 223.26 feet; thence with the arc of a curve concave to the Southeast having a radius of 370.00 feet and a length of 335.83 feet, (said arc has a chord bearing of North 13°42'58" East and a length of 324.42 feet); thence North 39°43'05" East, 28.96 feet; thence with the are of a curve concave to the Northwest having a radius of 470.00 feet and a length of 329.09 feet, (said arc has a chord bearing of North 19°39'33" East and a length of 322.40 feet) to a point on the North line of a tract of land recorded in document number 2008-15228; thence continue with said North line and with the arc of a curve concave to the Southeast having a radius of 875.00 feet and a length of 56.65 feet, (said are has a chord bearing of North 52°13'36" East and a length of 56.64 feet); thence North 83°00'18" East, 98.38 feet; thence with the are of a curve concave to the Southwest having a radius of 176.16 feet and a length of 49.53 feet, (said arc has a chord bearing of South 88°56'25" East and a length of 49.37 feet) to the Point of Beginning, and containing 51,379 square feet (1.18 acres), more or less. ARTICLE 5. The City of Cape Girardeau, Missouri hereby accepts a temporary construction easement executed by Linda Marie Sanders, Trustee of the Linda Marie Sanders Revocable Living Trust Agreement dated September 28, 1987, conveying an easement to the City of Cape Girardeau, Missouri for the Lewis and Clark Parkway (Veterans Memorial Drive Phase 1) project, more particularly described as follows, to -wit: THAT PART OF FRACTIONAL SECTION 9, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found 2 1/2" diameter iron pipe marking the Northwest corner of United States Private Survey number 202; thence with the North line of said U.S.P.S. 202, South 83°44'23" East, 2,516.89 feet to the Northeast comer of said U.S.P.S. 202; thence leaving said North line and with the East line of said U.S.P.S. 202, South 05°37'09" West, 2,669.58 feet to a point on the East Right of Way line of Interstate 55; thence with said East line, South 42°57'36" East, 225.98 feet; thence South 12°53'45" East, 31.38 feet to the Point of Beginning; thence leaving said East line, South 34°05'59" East, 105.58 feet; thence South 43°35'23" West, 45.80 feet to a point on said East line; thence with said East line, North 12°53'45" West, 123.72 feet to the Point of Beginning, and containing 2,362 square feet, more or less. Page 7 of 8 ARTICLE 6. The City of Cape Girardeau, Missouri hereby accepts a temporary construction easement executed by Jennifer Renee Volkerding, conveying an easement to the City of Cape Girardeau, Missouri for the Lewis and Clark Parkway (Veterans Memorial Drive Phase 1) project, more particularly described as follows, to -wit: THAT PART OF FRACTIONAL SECTION 9, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found 2 1/2" diameter iron pipe marking the Northwest corner of United States Private Survey number 202; thence with the North line of said U.S.P.S. 202, South 83°44'23" East, 2,516.89 feet to the Northeast corner of said U.S.P.S. 202; thence leaving said North line and with the East line of said U.S.P.S. 202, South 05°37'09" West, 2,669.58 feet to a point on the East Right of Way line of Interstate 55; thence with said East line, South 42°57'36" East, 225.98 feet; thence South 12053'45" East, 638.34 feet to the Point of Beginning; thence leaving said East line, South 85122'25" East, 52.43 feet; thence South 12°53'45" East, 32.67 feet to a point on the North line of United States Private Survey number 788; thence with said North line, North 84°15'28" West, 52.77 feet to a point on said East Right of Way line; thence leaving said North line and with said East line, North 12053'45" West, 31.59 feet to the Point of Beginning, and containing 1,606 square feet, more or less. ARTICLE 7. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2010. ATTEST: Gayle L. Conrad City Clerk Harry E. Rediger Mayor Page 8 of 8 M, Agenda: December 6, 2010 Staff: Ken Eftink, Assistant City Manager/ Development Services Director SUBJECT Ordinance approving the record plat of the Resubdivision of Lot 25 of Lexington Place Second Subdivision EXECUTIVE SUMMARY The owner of the property located at 3040 Patriot Drive has submitted a record plat to divide the lot so that a duplex can be constructed on it. A letter requesting a variance has been submitted to wave setback requirements on the common line between Lots 1 and 2. BACKGROUND/DISCUSSION A record plat has been submitted re -subdividing Lot 25 of Lexington Place Second Subdivision. The developer has plans to construct a duplex on the property and is requesting that the parcel be divided down the middle. Currently the ordinance does not allow for zero lot lines for duplexes in the R-3 District. The engineering surveyor has submitted a letter requesting a variance for the setback requirement on behalf of the developer. Acceptable plats have been submitted. STAFF RECOMMENDATION Staff recommends approval of this subdivision. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended approval of the plat with the setback variance at their meeting on November 10, 2010. A,rTACIIMENTS • BILL NO. 10-171, Ordinance approving record plat • Aerial Map • Subdivision Record Plat • Subdivision Application • Letter Requesting a Variance BILL NO. 10-171 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF A RESUBDIVISION OF LOT 25 OF LEXINGTON PLACE SECOND SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of a Resubdivision of Lot 25 of Lexington Place Second Subdivision, being a part of the Northeast Quarter of Section 26, Township 31 North, Range 13 East of the Fifth Principal Meridian in the City and County of Cape Girardeau, submitted by Brandon 0. Williams Development, LLC, bearing the certification of Brian W. Strickland, a Registered Land Surveyor, dated November 4, 2010, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Resubdivision of Lot 25 of Lexington Place Second Subdivision A RESUBDIVISON OF LOT 25 OF IF.XINGTON PLACE SF,COND SUBDIVISION CARL OF THE NORTHEAST QUARTER OF SECTION 26. TOWNSHIP 91 NORTH. RANGE " EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI I MAY— RIC AT 11 YA. TV NY N m ,IT m .16 ®T R I C K L A N D E ,,,_,.TIL $e1 P E N G I N F, E K I N G - MECHANICAL - ELECTRICAL ENGINEERING - LAND SURVEYING RESUBDIVISION PLAT scALC r = 50IQ' BRANDON WILLIAMS .AE a-1 «,VA DH DS CAPE GIRARDEAU. MO E'E ev PROJf Ci N T PROJECT Rs IOHBJI --.,., PAT.l IL 15V R _OR-'M IR FT „­....,,..°..° ,. D.. ®T R I C K L A N D E ,,,_,.TIL $e1 P E N G I N F, E K I N G - MECHANICAL - ELECTRICAL ENGINEERING - LAND SURVEYING RESUBDIVISION PLAT scALC r = 50IQ' BRANDON WILLIAMS .AE a-1 3040 PATRIOT DRIVE DH DS CAPE GIRARDEAU. MO E'E ev PROJf Ci N T PROJECT Rs IOHBJI CITY OF CAPE GIRARDEAU SUBDIVISION APPLICATION Project Name: �e." Lot f'llaca Zn -4 Index# Project Location: Attach surveyor's legal description on CD in State Plane Coordinates This application is for: ❑ Single-family residential ❑ Multi -family ❑ Non-residential ❑ Preliminary Subdivision Plat ❑ Record Plat (of an approved preliminary plat) ❑ Record Plat (for sectionalized development of an approved preliminary plat) ❑ Record Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) One and Two Family Residential Multi Family Residential CommercialAndustnal $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 2nd 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 & Zoning Commission meeting. (c) Any subdivision plat that requires corrections or for which required review fees have not been paid shall not be presented to the City Council for approval. APPLICANT (main contact): OWNER (If Differentl: t Name: Name: Firm: 46ur _ Firm: Add � Address: Pho e ax: �J� Phone: Fax: E-mail __.. E-mail'. PROFESSIONAL SURVEYOR/ENGINEER: „ DEVELOPER �.I Name: �C vc Name: Firm: a< Firm: Address: T s P Address: Phone: Fax: Phone: Fax: E-maiP. _. _._._—_ E-mail: I, 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 main taln complia ce with the City of Cape Girardeau Subdivision Regulations and State statutes applicable to the subdivisi land and, that it is my responsibility to make certain that all deadlines are met so that formal actlon Counc s not unnecessarily delayed. Signature of Applicant: `��� ate: 4 G 2 f STRICKLAND ENGINEERING November 4, 2010 Mr. Richard Reinhardt City of Cape Girardeau 401 Independence P.O. Box 617 Cape Girardeau, MO 63702-0617 Re: Resubdivision of Lot 25 Lexington Place Second Variance Request Dear Mr. Reinhardt: On behalf of the developer, Brandon Williams, I hereby request a variance to the subdivision regulations from the required R-3 side yard setback of 3 feet for the common lot fine between Lots 1 and 2. This variance is needed to provide for dividing the lot along the common wall of a duplex. Thank you for your consideration. Please contact me if you have any questions. Sincerely, - /L L'> Brian W. Strickland, P1;, PLS SUBJECT Ordinance to vacate unused utility easements in the proposed Resubdivision of Lots P38, P39, & P40 of the Lochs at Dalhousie — Phase IV and Lots P85, P86, P87 of the Lochs at Dalhousie — Corrected Amended. This area is at 1533 Helmsdale Drive. Ordinance approving the record plat of the Resubdivision of Lots P38, P39, & P40 of the Lochs at Dalhousie — Phase IV and Lots P85, P86, & P87 of the Lochs at Dalhousie — Corrected Amended EXECUTIVE SUMMARY The owner of the property located at 1533 Helmsdale Drive and the surrounding lots has submitted a record plat to re -subdivide six (6) lots into five (5) lots. With the proposed re -subdivision named above, unused utility easements were found that need to be vacated while the required easements will be established with the Record Plat of the newly established subdivision. The affected property owner, Debra Seeger requests that the City vacate these unused easements. BACKGROUND/DISCUSSION A record plat has been submitted rc-subdividing lots in the Lochs at Dalhousie Subdivision. This is a five (5) lot subdivision located north of I-lelmsdale Drive and south of Dalhousie Drive. The subdivision involves six (6) existing lots. Only one lot in the subdivision has been developed. Previously a lot line adjustment was approved adding property to the lot with the house on it. The property owner now desires to construct a greenhouse on Lot P85. Since the City Ordinance does not allow accessory structures on a lot without a primary structure, Lot P85 would need to be joined with Lot P86. The applicant is also requesting to change the lot line between Lot P39 and 1140 as well. This subdivision meets the requirements for the R-2 (Single Family Urban Residential) District. The plat notes that there are easements to be vacated by ordinance. Staff received a satisfactory petition requesting the City to vacate the easements. The City is requesting that these easements be relocated and that they be twenty (20) feet wide. As required by ordinance, a notice of a public hearing was published at least ten days prior to this Council session - published October 31, 2010 in the Southeast Missourian. The public hearing was held on November 15, 2010. Because City Staff had not received notification from all utility companies at that time, the ordinance vacating these easements was not considered at that Council Meeting. STAFF RECOMMENDATION Staff recommends approval of the re -subdivision and vacation of the City's easements as described by the legal description. The new easements are shown and dedicated on the new subdivision plat. BOARD OR COMMISSION RECOMMENDATION During the October 13`h regular Planning and Zoning Commission recommended approval of the Resubdivision of Lots P38, P39, & P40 of the Lochs at Dalhousie — Phase IV and Lots P85, P86, P87 of the Lochs at Dalhousie — Corrected Amended on the condition that the unused easements be vacated and new easements relocated to reflect new property lines. ATTACHMENTS • BILL NO. 10-146, Ordnance approving the resubdivision • BILL NO. 10-172, Ordinance vacating easements • Aerial Map • Subdivision Record Plat • Application • Easement Map • Legal Descriptions BILL NO. 10-146 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF A RESUBDIVISION OF LOTS P38, P39, & P40 OF THE LOCHS AT DALHOUSIE - PHASE IV AND LOTS P85, P86, & P87 OF THE LOCHS AT DALHOUSIE - CORRECTED AMENDED BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of a Resubdivision of Lots P38, P39, & P40 of the Lochs at Dalhousie -Phase IV and Lots P85, P86, & 287 of the Lochs at Dalhousie - Corrected Amended, submitted by Deborah Seger, bearing the certification of Christopher L. Koehler, a Registered Land Surveyor, dated September 22, 2010, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk BILL NO. 10-172 ORDINANCE NO. AN ORDINANCE VACATING THE CITY'S INTEREST IN UTILITY EASEMENTS LOCATED IN THE AREA OF 1533 HELMSDALE DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City Council has received a request that the City vacate Utility Easements located in the area of 1533 Helmsdale Drive, being the proposed Resubdivision of Lots P38, P39 & P40 of the Lochs at Dalhousie - Phase IV and Lots P85, P86, P87 of the Lochs at Dalhousie - Corrected Amended and more particularly described in Section 1 hereof; and WHEREAS, the City Council set the date of November 15, 2010, at 7:00 p.m., for a public hearing on this request; and WHEREAS, at least ten (10) days notice of the time and place of this hearing was published in a newspaper of general circulation in the City; and WHEREAS, a public hearing was held on November 15, 2010, at 7:00 p.m., at which all interested parties were afforded the opportunity to speak in favor of or in opposition to the proposed sewer easement vacation; and WHEREAS, the City Council has determined that the Utility Easements in question are not necessary or needed for the purposes for which they were dedicated and established; and WHEREAS, it is in the public interest that the Utility Easements be vacated; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council hereby finds that it is in the public interest to vacate the City's interest in Utility Easements located along 1533 Helmsdale Drive, in the City of Cape Girardeau, Missouri, referred to in Article 2 herein. ARTICLE 2. The City's interest in the Utility Easements in the proposed Resubdivision of Lots P38, P39 & P40 of the Lochs at Dalhousie - Phase IV and Lots P85, P86, P87 of the Lochs at Dalhousie - Corrected Amended; located along 1533 Helmsdale Drive, and described as follows: Sewer and Utility Easement No. 1 A 10.0' wide sewer and utility easement within the subdivision "The Lochs at Dalhousie -Corrected Amended" located in the County of Cape Girardeau, State of Missouri, more particularly described as follows: A 10.0' wide tract of land which falls 5.0' both sides of the following described center line: Commence at the southeast corner of Lot P86 in "The Lochs at Dalhousie -Corrected Amended" for the Point of Beginning, thence, N 25026'55" E, 110.29 feet to the northeast corner of lot P86 and thence terminating. Sewer and Utility Easement No. 2 A 10.0' wide sewer and utility easement within the subdivision "The Lochs at Dalhousie -Corrected Amended" located in the County of Cape Girardeau, State of Missouri, more particularly described as follows: A 10.0' wide tract of land which falls 5.0' both sides of the following described center line: Commence at the southeast corner of Lot P85 in "The Lochs at Dalhousie -Corrected Amended" for the Point of Beginning, thence, N 54014'49" E, 119.03 feet to the northeast corner of lot P85 and thence terminating. Sewer and Utility Easement No. 3 A 10.0' wide sewer and utility easement within the subdivision "The Lochs at Dalhousie -Corrected Amended" located in the County of Cape Girardeau, State of Missouri, more particularly described as follows: A 10.0' wide tract of land which falls 5.0' both sides of the following described center line: Commence at the southeast corner of Lot P40 in "The Lochs at Dalhousie -Corrected Amended" for the Point of Beginning, thence, N 44007128" E, 100.0 feet to the northeast corner of lot P40 and thence terminating. 2 are hereby vacated. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) 19 on this day of 2010, before me appeared Harry E. Rediger, 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. My Commission Expires: August 4, 2011 LaDonna Laub, Notary Public 3 Resubdivision of Lots P38, P39, P407 P851 P86, and P87 of the Lochs at Dalhousie RECORD PLAT OF RESUBDIVISION OF LOTS P38, P39, & P40 OF THE LOCHS AT DALHOUSIE - PHASE IV AND LOTS P85, P86, & P87 OF THE LOCHS AT DALHOUSIE - CORRECTED AMENDED ALL OF LOTS P3% P39, AND P40 OF THE LOCHS AT DALHOUSIE — PHASE N AND ALL OF LOTS P85, P86, AND P87 OF THE LOCHS AT DALHOUSIE — CORRECTED AMENDED LOT Pa \ \ \ =,�� ♦ %. i; % \ \ \ \ / LOT PST \ \ sy \ \ _- 41UPHIC \\ \ \\\\ .- joy \ LOT Pa \ \ \ SUSDMSION DEDICATION Fl- \ m. AsA I =,�� ♦ %. i; % \ \ \ \ / LOT PST _- 41UPHIC SUSDMSION DEDICATION Fl- \ m. AsA I Project Name: CITY OF CAPE GIRARDEAU ndex # Project Location: Dalhousie Golf Course Development This application is for: x Single-family residential ❑ Multi -family ❑ Non-residential ❑ Preliminary Subdivision Plat ❑ Record Plat (of an approved preliminary plat) ❑ Record Plat (for sectionalized development of an approved preliminary plat) x Record Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) One and Two Family Residential Multi Family Residential Commercialllndustnal $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 2no 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 & Zoning Commission meeting. (c) Any subdivision plat that requires corrections or for which required review fees have not been paid shall not be presented to the City Council for approval. APPLICANT (main contact): OWNER (if Different): Name: Deborah Seeger Firm: Address: 1533 Helmsdale Drive Cape Girardeau MO 63703 Phone: (573)270-8576 Fax E-mail: PROFESSIONAL SURVEYOR.!ENGINEER: Name: Rodnev Amos, P.L.S Firm: Koehler Engineering and Land Surveying Address: 194 Coker Lane Cape Girardeau MO 63701 Phone: (573)335-3026 Fax: (573)335-3049 E-mail: ramosa,koehlerenginee ring. corn Name: _ Firm: _ Address: Phone: E-mail: DEVELOPER Name: Deborah Sooner Firm: Address: 1533 Helmsdale Drive Cape Girardeau MO 63703 Phone: (573) 270-8576 Fax: _ 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 that fJpmal action by t64 City Council is not unnecessarily delayed. Signature of Applicant: G� tu-� IOaf s � Date: 91A,91-10 Sewer and Utility Easement No. 1 A 10.0' wide sewer and utility easement within the subdivision "The Lochs at Dalhousie - Corrected Amended" located in the County of Cape Girardeau, State of Missouri, more particularly described as follows: A 10.0' wide tract of land which falls 5.0' both sides of the following described center line: Commence at the southeast corner of Lot P86 in "The Lochs at Dalhousie -Corrected Amended" for the Point of Beginning, thence, N 25°26'55" E, 110.29 feet to the northeast corner of lot P86 and thence terminating. Sewer and Utility Easement No. 2 A 10.0' wide sewer and utility easement within the subdivision "The Lochs at Dalhousie - Corrected Amended" located in the County of Cape Girardeau, State of Missouri, more particularly described as follows: A 10.0' wide tract of land which falls 5.0' both sides of the following described center line: Commence at the southeast corner of Lot P85 in "The Lochs at Dalhousie -Corrected Amended" for the Point of Beginning, thence, N 54°14'49" E, 119.03 feet to the northeast corner of lot 1185 and thence terminating. Sewer and Utility Easement No. 3 A 10.0' wide sewer and utility easement within the subdivision "The Lochs at Dalhousie - Corrected Amended" located in the County of Cape Girardeau, State of Missouri, more particularly described as follows: A 10.0' wide tract of land which falls 5.0' both sides of the following described center line: Commence at the southeast corner of Lot P40 in "The Lochs at Dalhousie -Corrected Amended" for the Point of Beginning, thence, N 44°07'28" E, 100.0 feet to the northeast corner of lot P40 and thence terminating. Agenda: December 6, 2010 Staff: Ken E$ink, Assistant City Manager/ Development Services Director SUBJECT Request to zone property on the south of LaSalle Avenue and the east side of Baldwin Drive to the C-2 (Highway Commercial) District and the property on the west side of Baldwin Drive to the C-2 (Highway Commercial) and R-3 (High Density Single Family Residential) District. EXECUTIVE SUMMARY It is the request of Fruitland Livestock Market to zone the property located on the south of LaSalle Avenue and east side of Baldwin Drive to the C-2 (Highway Commercial) District and property on the west side of Baldwin Drive to the C-2 (Highway Commercial) and R-3 (High Density Single Family Residential) District. BACKGROUND/DISCUSSION At their meeting on October 13, 2010, the Planning and Zoning Commission heard a request from Fruitland Livestock Market to zone the property located south of LaSalle Avenue and on both sides of Baldwin Drive. The applicant requested the R-3 (High Density Single Family) District for the southwest portion of the property and C-2 (Highway Commercial) District for the remaining property. Katy Liley of Koehler Engineering spoke on behalf of the applicant. Koehler Engineering had submitted a development plan showing a bank, convenient store, and retail center going into the commercial portions of the development. However, another company, MACO Development Company, has the property on the east of Baldwin Drive under contract for senior housing duplexes, subject to approval of the project by the Missouri Housing Development Commission, The Planning and Zoning Commission did not want to approve commercial zoning for the property without a specific site plan for the area. Therefore, at this time, the Planning and Zoning Commission is recommending disapproval of the request due to the fact that the owner, Dutch Meyr, does not have specific development plans for the east side of Baldwin Drive. The proposed C-2 zoning does allow both commercial uses and the proposed senior duplex development on the east side of Baldwin Drive. Dutch Meyr has since submitted a record plat for a sixteen (16) lot duplex development on the southwest portion of the property. Improvement plans for this development have been submitted to Engineering. This type of development is appropriate for Baldwin Drive. The Future Land Use Plan recommends mixed density residential uses for this area. STAFF RECOMMENDATION Staff recommends approval of the R-3 zoning in the southwest portion of the property. While the plans for the commercial development for this property are conceptual only, commercial uses along LaSalle Avenue are appropriate. Medium to high density residential uses are more appropriate along Baldwin Drive, although convenience retail may be desirable as more residential uses are developed in the area. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended disapproval of the request at their meeting on October 13, 2010. The vote count was 0 in favor, 7 in opposition, and 0 abstaining. ATTACHMENTS • BILL NO. 10-174, Ordinance changing zoning • Staff Review Form • Planning and Zoning Action Form • Rezoning Application • Zoning Map • Future Land Use Map • Aerial Map BILL NO. 10-174 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING SOUTH OF LASALLE AVENUE AND ON BOTH SIDES OF BALDWIN DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-3 AND C-2 WHEREAS, the City Planning and Zoning Commission has recommended not to approve rezoning all of the property described in Article 1 of this ordinance from R-1, Single-family Suburban Residential District, to R-3, High Density Single- family Residential District and C-2, Highway Commercial District; and WHEREAS, Public Notice of such requested 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, December 6, 2010; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, however, has elected to rezone the property described in Article 1 from R-1, Single-family Suburban Residential District, to R-3, High Density Single-family Residential District and C-2, Highway Commercial 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 south of Lasalle Avenue and on both sides of Baldwin Drive, in the City and County of Cape Girardeau, Missouri, from R-1, Single-family Suburban Residential District, to R-3, High Density Single-family Residential District, and C-2 Highway Commercial District, said area including the following described property: That part of United States Private Survey No. 790 North, Range 13 East, of the Fifth Principal Meridian, in the County of Cape Girardeau, the State of Missouri, described as follows: Commence at the northwest corner of Fractional Section 10, Township 31 North, Range 13 East, at a found stone, thence North 84 degrees 3' 56" West, 1072.50 feet to the point of beginning, thence South 12 degrees 55' 04" West, 507.97 feet, thence North 84 degrees 59' 00" West, 934.56 feet, thence North 08 degrees 15' 41" East, 908.46 feet, thence South 84 degrees 59' 00" East, 958.41 feet to a found iron pin, thence South 05 degrees 47' 22" West, 403.90 feet, to the point of beginning, and containing 20.00 acres, more or less. 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 R-3, High Density Single-family Residential District, and C-2 Highway Commercial 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 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 2 20 Agenda: December 6, 2010 Staff: Ken Eftink, Assistant City Manager / AGENDA RPO RT Director of Development Services Cape GirardeauCouncil SUBJECT Ordinance approving a change to the zoning ordinance in regards to domestic servants EXECUTIVE SUMMARY This agenda item provides for the consideration of a change to the zoning ordinance in regards to domestic servants. The proposed revision would limit the number of domestic servants that can live in a residential unit. BACKGROUND/DISCUSSION The City has identified a concern with our zoning ordinance in regard to limiting the number of unrelated persons that can live in a residential unit as a "family" to three unrelated people. The current language allows an unlimited number of domestic servants. It is possible that a landlord could have any number of persons living in a residence if they were considered domestic servants. To address this concern, staff proposes the following change to the zoning regulations: 30-105 Definitions To be repealed: (38) Family — a. One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit; or b. Three (3) or fewer unrelated persons living as a single housekeeping unit; or c. Two (2) unrelated persons, plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, living as a single housekeeping unit. Domestic servants, employed on the premises, may be housed on the premises without being counted as part of the family. The term family shall not be construed to mean a fraternity, sorority, club or institutional group. Proposed Revision Family — a. One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit, plus up to two (2) domestic servants; or b. Three (3) or fewer unrelated persons, including any domestic servants, living as a single housekeeping unit; or c. Two (2) unrelated persons, plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, plus up to two (2) domestic servants, living as a single housekeeping unit. The term family shall not be construed to mean a fraternity, sorority, club or institutional group. STAFF RECOMMENDATION Staff recommends approval of changing the zoning ordinance to limit the number of domestic servants that may live in a residential unit. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on the proposed change at their meeting of November 10, 2010. They recommended approval of the revisions to the ordinance with the vote count being 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS • BILL NO. 10-175, Ordinance amending zoning code • Planning and Zoning Action Form BILL NO. 10-175 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU REGARDING DOMESTIC SERVANTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 30-105(38) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 30-105. Definitions. (38) Family a. One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit; or b. Three (3) or fewer unrelated persons living as a single housekeeping unit; or c. Two (2) unrelated persons, plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, living as a single housekeeping unit. Domestic servants, employed on the premises, may be housed on the premises without being counted as part of the family. The term family shall not be construed to mean a fraternity, sorority, club or institutional group. is hereby repealed in its entirety, and a new Section 30-105(38) is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 30-105. Definitions. (38) Family - a. One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit, plus up to two (2) domestic servants; or 1 b. Three (3) or fewer unrelated persons, including any domestic servants, living as a single housekeeping unit; or C. Two (2) unrelated persons, plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, plus up to two (2) domestic servants, living as a single housekeeping unit. The term family shall not be construed to mean a fraternity, sorority, club or institutional group. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST; Gayle L. Conrad City Clerk Harry E. Rediger, Mayor E 20 Appointment of four members to the Parks and Recreation Advisory Board for terms expiring October 29, 2013. EXECUTIVE SUMMARY Four terms on the Golf Course Advisory Board expired October 29, 2010. These positions are held by Percy Huston, Robert Harris, Richard Fehr, and Beverly Evans. Mr. Huston, Mr. Harris and Ms. Evans have all expressed interest in being reappointed, and their summary sheets are attached. Mr. Fehr is no longer eligible to serve on the board due to term limits BACKGROUND/DISCUSSION Section 18-27 of the City Code states that a person appointed to the board shall be a taxpayer, qualified voter and resident of the city. The following individuals have expressed an interest in serving on the board, and their advisory board applications are attached. Kimberly Dodson -Proffer Bruce Skinner William M. Isbel Nicholas Snyder Timothy Lee Shawn Wasson Keith Sander STAFF RECOMMENDATION Recommend four appointments be made to the Parks and Recreation Advisory Board for terms expiring October 29, 2013. BOARD OR COMMISSION RECOMMENDATION None received by Staff. ATTACHMENTS • Parks & Recreation Advisory Board Roster • Parks & Recreation Advisory Board Attendance Roster • Parks & Recreation Advisory Board Applications CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees October 18, 2010 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Parks and Recreation Advisory Board Debra Tracy, Council, ex -officio Serve three year terms, appointed by Council. Regular rncctingiield second Monday at 5:30 p.m. in Council Chambers. A —�uncil member may serve as liaism. Staff contact— Dan Muser, Parks & Recreation Director 3396340. Date Appointed Date Reappointed Term Expires Percy Huston December 7, 2009 --- October 29, 2010 Robert Harris March 5, 2007 10/15/07 October 29, 2010 Richard C. Fehr November 20, 2000 10/15/01; 10/18/04;10/15/07 October 29, 2010 Beverly Evans October, 15, 2007 --- October 29, 2010 Danny R. Essner, Chairman October 21, 2002 10/17/05; 10/20/08 October 29, 2011 Troy Vaughn June 5, 2006 10/20/08 October 29, 2011 Lee Hillman April 4, 2010 --- October 29, 2011 Pat Elfrink October, 20, 2003 10/23/06; 10/20/09 October 29, 2012 Bari Neff July 21, 2008 10/20/09 October 29, 2012 Craig Billmeyer May 5, 2008 10/20/09 October 29, 2012 Dana Deisher August 2, 2004 10/23/06; 10/20/09 October 29, 2012 Debra Tracy, Council, ex -officio Serve three year terms, appointed by Council. Regular rncctingiield second Monday at 5:30 p.m. in Council Chambers. A —�uncil member may serve as liaism. Staff contact— Dan Muser, Parks & Recreation Director 3396340. PARKS AND RECREATION ADVISORY BOARD Attendance Record Ordinance effective 4/13/00 X = present, A = absent 2010 Jan 11 Feb 8 Mar 8 Apr 12 May 10 Jun 14 Jul 1 12 Aug 9 Sep 13 Oct 11 Nov 8 Dec 13 1st 2nd 3rd letter letter letter termi- nated Billme er, Craig P P P P P P N 1� /1 �CV� P A P P Blank, Robert Scott A P A P P Ftp Blank, Robert Scott A resi ned January, 2010O 02/02/09 10/02/09 01/11/10 Deisher, Dana P P P P A P P Deisher, Dana P P P P A Elfrink Pat P P P P P P P Essner, Dann P P P P P 1PPP PP PP Elfrink Pat P P P P P Evans,Beverly P P P P P Essner, Danny P P P P PP G P P Evans, BeverlyP P P P P —PE P Fehr, Rick P P P A PE I P termex ired 11/05/10 Harris, Robert P P P P P P T ' 1 V G P P P P T N NP Hillman, Lee Ap ointed'4/5/10i`c P P A P P Huston, Percy P P P P P PA, P P Huston, Percy Appointed 12/7/09', Neff, Barri P P P P P P PP 07/28/09 Vau hn, Tro P P P P P A P P fiQ 2009 Jan 8 Feb 9 Mar 9 Apr 13 May 11 Jun 9 Jul 13 Aug 10 Sep 14 Oct 22 Nov 9 Dec 14 1st 2nd 3rd termi- letter letter letter nated Billme er, Craig P P P A P $ P N O M C E P 4� A P Blank, Robert Scott A P A P P Ftp P P A Ft? P P 02/02/09 10/02/09 Deisher, Dana P P P P A P P P Elfrink Pat P P P P P I IP— P P I I� 1-01 P P Essner, Danny P P P P PP P P P Evans, BeverlyP P P P P —PE P P A Fehr, Rick P P P A P P P P P Harris, Robert P P P P P P T N NP P re igned 1'R1 P P Huston, Percy Appointed 12/7/09', A fiQ Keefe, Michael A P P P P P P 10/1/09 10/01/09 Neff, Barri A P P P P A P P 07/28/09 Vaughn, T by P P P P A Q P^ P S P A 2008 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1st 2nd 3rd I termi- RPR -01-2010 11:57 From:LR CROIX CHURCH 5733397050 To:573 339 6302 P.2/2 CITY OF CAPE CIRARDEAU, MTSSOUTtl ADVISORY BOARD APPLICATION Namel�►006Y&L�) �DT7jDi�(`p12D � Telephone: Day(WOfk-)j73'�J 1 0302 Home Address Evening E-mail Addressf0��'��aIX/�tILfLLtpYq�(�Yx�7�YW1tn�l- Mobile om Yeur Current Residence in Cape Gir,,ard�eta�00+� Girardeau Began Current Employer and Position [ACCOIX 04-I.l.rat.- A�>Sr15f"G.YIi') Previous Employers and Positions Pe re. -rm& pci,„ym i� <\(A5 em[1444 &i-+ime, at epMO. f of a/ SvVmfl-Cl fLover (0 f dArqa�i'uIA Nafrit, CDrPCrwfi0y' t -1Gv- Number in priority order the Board(s) you are interested in serving on? —Airport Advisory Board _ Board of Adjustment Board ol'Appeals Board of Examiners Girardeau Goes Green Advisory Board —Golf Course Advisory Board *1:2 Historic Preservation Commission -43 Parks & Recreation Advisory Board _ Planning & Zoning Commission *y Public library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission _ "free Board Special Qualifications forspecificboard(s)(include Past board service): tihaulu Awe& t(L" V znorgeyt� G�Ywinor �vt h2Nfkht 21 De�yjar . T wel u- abyuP' Dur UES common i State why you are interested in serving on this hoard: tk/ !7oo WVLB W 1 tl ViC.- Prw+�+ri 1�1 rctr r w& wi 1 e �'IhA� t l'- U, aur 'A- Cdr, e i1�ee' bau I Gt, s �urrt y u+ 0 6v t f a Educational8ackground: T �a d�� t r n 1 pyCl Y�Q I�l/h(� G>&/ a( is lqq A CP.Cm,-M.t Community Activities (Include offices held and committee service): M Meeting time(s) convenient for you: (Please cl ck one in A rind one in B) A. Weekly„_ MonthlyAnytime, / B. Morning Noon Afternoon _ Evening_ Anytime v [� Would you like to receive news from the City vin e -nail? 9 Yes ❑ �J0 Would you like to attend a City Council Study Session when your ❑ Yes No application comes tip for consideration? By signing this dOcmtent, you agree to serve and attend regularly. I'hrec (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, n `W Board M4�mmjt' cr su)w ary Sheets are valid for one year front the date that they are signed. Return to the City Manager's Ortice, P.O. Box 617, Cape Glnrrdeuu, MO 63702-0617. RECEIVED iiV;d tJ l CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name %%,'p ,, m' / Telephone: Day e;,S/ /c0G1 Home Address '2-Z2 Cz A iiia _f?. Evening sq d„ (-- E-mail E-mail Address — Mobile Year Current Residence in Cape Girardeau Began02 d o l Current Employer and Position 'pc Z!�/:& r -'/ Previous Employers and Positions ,4 aa%r /a. cpz 2? /- 9 �Jv or lfg i2r/ �nr�sr Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board _ Board of Adjustment Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board 3k I Golf Course Advisory Board 3_),�fHistoric Preservation Commission -Jt-2. ✓Parks & Recreation Advisory Board Planning & Zoning Commission -A4 �/ Public Library Board _ River Campus Board of Managers _ Show Me Center Board of Managers Special Business District Advisory Commission -fijF'-Z Tree Board Special Qualifications for specific board(s) (include past board service): Dr7>� /o z✓ Snryl�g 14� 00i-✓ mf g CoA v State why you are interested in serving on this board: f" ry/ c r" Ii R cf w Educational Background: i ( �h c / /�7� ✓ r� cam/ P c Community Activities (Include offices held and committee service): h m eLr a-/ yRrC rC� �� � �P17-rW /Y—i:L� Meeting time(s) convenient for you: (Please check one in A and 9ne in B) A. Weekly Monthly_ Anytime ✓/ B. Morning Noon Afternoon Evening Anytime Would you like to receive news from the City via e-mail? ❑ es V4 No Would you like to attend a City Council Study Session when your f Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (I2) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed ``�� �_� Date ** Board Member Summary Sheets are valid for one year from the date that t ey are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name -e e- Telephone: Day pp) Home Address rj D f �w.r-e c (J2 , CA -FF Evening r c E-mail Address yr)wec )eo, Coli Mobile 200 - L)q ) Year Current Residence in Cap Current Employer and Position Previous Employers and Positic Number in priority order the Board(s) you are interested in serving on? 10 Airport Advisory Board q_ Board of Adjustment Board of Appeals )-T- Board of Examiners Girardeau Goes Green Advisory Board Golf Course Advisory Board _i Historic Preservation Commission 2 Parks & Recreation Advisory Board 3 Planning & Zoning Commission —L Public Library Board I t River Campus Board of Managers Show Me Center Board of Managers Co Special Business District Advisory Commission 12 Tree Board SpI:(ncIal Qualifications for specific b((oard(,$)I(include past board service): 11 State why you are interested in serving on this board: To �I e_i p C -Q C IIA014 e (( I11 ac.'T.J� V.Se�S c�"F TInC rr 1 Nw-teC` e%>)[� r c Educational Background: ei t :,e_ dw Community Activities (Include offices held and committee service): C Ina v�l� ec j C. rv) t er-c -e Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly ✓ Anytime B. Morning Noon Afternoon Evcning Anyytim)e Would you like to receive news from the Citv via e-mail? L4 Yes ❑ No Would you like to attend a City Council Study Session when your 19YYes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four(4) absences in any twelve (12) consecutive months. will result in your position being automatically forfeited on the Signed IN Date I 4L(0 s�lU 7"-,1,3.o ard Member Summary Sheets are valid for one year from the date that they are signed. Rrn to the City 1Ianager's Office, P.O. Box 617, Cape Girardeau, MO 63 702-0617. 'RECEIVED CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name >°iy S4A/P Ee, Telephone: Day Home Address _ %� (o L3 �CyMD Evening E-mail Address /�SGChG/er�/��/R�oO-Corr 1 Mobile FJ7,67.P9 Year Current Residence in Cape Girardeau Began /fj w -/a 1&z 15.4-c4'e 2vo 9 Current Employer and Position Previous Employers and Positic Number in priority order the Board(s) you are interested in serving on? !/ Airport Advisory Board ? Board of Adjustment LSV__ Board of Appeals 9 Board of Examiners L Girardeau Goes Green Advisory Board L— Golf Course Advisory Board /2 Historic Preservation Commission tf Parks & Recreation Advisory Board 9 Planning & Zoning Commission T Public Library Board Z River Campus Board of Managers G Show Me Center Board of Managers Special Business District Advisory Commission /3 Tree Board Special Qualifications for specific board(s) (include past board service): ,doss/-' "tern ern 6,0— '110n, /Dye /Vo a7L- OriAlie /4py State why you are interested in serving on this board: 1 <r/s3 S Qom. iy l d le /r+ rA+Live Educational Background: �j 31 Community Activities (Include offices held and committee service): /��<�ef7i�ss 1f= aA/e! //2tridi� 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? irYes ❑ No Would you like to attend a City Council Study Session when your LL.;�es ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences; or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. / Signed Date 11_4! /o ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION ime: Bruce W. Skinner Telephone: Day573-651-2802 some Address 1009 Dearmore Ct, 63701 Evening: 573-651-611 E-mail Address bskinner@semo.edu Mobile: 573-270-7518 Year Current Residence in Cape Girardeau Began: 1993-1997, 1999-2003, 2008-present Current Employer/Position: Southeast Missouri State University, Director Residence Life/Dining Previous Employers and Positions • K-Mart — Operations Manager (Kansas City. MO) • Phar-mor Pharmacy— Pharmacist Technician (Kansas City, MO) Number in priority order the Board(s) you are interested in serving on? 1. Planning & Zoning Commission 2. Parks & Recreation Advisory Board 3. Girardeau Goes Green Advisory Board Special Qualifications for specific board(s) (include past board service): • 1 served on the Parks Board and Planning and Zoning Board for Chafee from 2004-2007 • Interned with City of Cape under Kent Braton in the City Planners Office • Thesis research focused on the use of Capital Improvements Planning by City Governments State why you are interested in serving on this board: I am very pleased to be raising a family in Cape and with my work at the. University, educational background and my previous experience on similar board in Chafee; I feel I can contribute to our community. educational Background: • Bachelors Degree in Political Science • Masters Degree in Public Administration • Doctorate in Education Policy Community Activities (Include offices held and committee service): • Cape West Rotary Member • Delta Chi Fraternity, President of Alumni Foundation • American Red Cross Volunteer • 2010 Census "I Count Committee" • Cape Girardeau Chamber of Commerce Member • Cape Bible Chapel Member Meeting time(s) convenient for you: (Please check one in A and one in B) A. Anytime B. Anytime Would you like to receive news from the City via e-mail? Yes (I already do) Would you like to attend a City Council Study Session when your application comes up for consideration? Yes By signing this,document, you agree to serve and ajtend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months ill result in your position being automatically forfeited on the board/commission. Signed - Date �s�/� CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name Ackolna Sn,.er Telephone: Day(573� S7i 5362 Home Address /65-1 /.larth Evening(iy 3\� 337-7&/9 E-mail Address (1SA-Idcre e ll ce <<'.nc.co . _ Mobile (Sv31 5- 74-5362 v Year Current Residence in Cape Girardeau Began Current Employer and Position AW�c e 3--k C Ge L; t /in446� Previous Employers and Positions )4,*.0 F i' c- ` - it 6--,t lty tpg Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment _ Board of Appeals _ Board of Examiners Girardeau Goes Green Advisory Board Z Golf Course Advisory Board 6 Historic Preservation Commission 3 Parks & Recreation Advisory Board Planning & Zoning Commission S Public Library Board River Campus Board of Managers Show Me Center Board of Managers _ Special Business District Advisory Commission J— Tree Board Special Qualifications for specific board(s) (include past board service): State why you are interested in serving on this board: -,S io T e,� till ;­'Ieb1 �Gt�?C C F,11JEA� Li 6yJ - t� N� {.tom (-,V ui_ a4 Ma �Stft 5]A"i 4- r1y kAS. Educational Background: (�SI34 �o— Sc�11 «st /vt:sso�r: Sk-k l) .wPs t7 rdjar t T cc tri 0i 1ti C( -cS C a..l (-t. 3�- Community Activities (Include offices held and committee service): Cox C E� Aleo �� a� G oti 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 JC Would you like to receive news from the City via e-mail? 4�5 Yes ❑ No Would you like to attend a City Council Study Session when your ®- Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Signed _� - Date : SI ),2010 ** Bo6d-Membc�r Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name 72en 54,R , �...� , 2 C-5-0 4 Telephone: Day ! '73 Home Address 2124 A Ott -(l's �yma t: S E-mail Address — S -s (O - h2t Mobile 1�7Y-1 ZQ Year Current Residence in Cape Girardeau Began 0G -f-0 /_2 OD _ Current Employer and Position Previous Employers and Positic Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment _ Board of Appeals _ Board of Examiners _ Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission 3 Parks & Recreation Advisory Board _ Planning & Zoning Commission _ Public Library Board _ River Campus Board of Managers _ Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board service): T 4a kf- /�- y dam! -42" State why you are interested in serving on this board: G,.fl l 1 kA f - r% Vb 6_4 Educational Background: b D 4 Gb R JOU �� pry ><y Com munity (Activities Include o' ces held/and committee service): % g .� -s! ,Oar � ,�CC C -(ic.d lG./'j C✓ o rpm jo�jz 57w- ,Q, S�f7'�ZC T -Z'^fcY�o', ¢✓e -t>cc' 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? R'�Yes ❑ No Would you like to attend a City Council Study Session when your C -J. Afes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Date / -//-/(i ** 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. Appointment of one member to the River Campus Board of Managers for a term expiring December 1, 2013. EXECUTIVE SUMMARY Two positions on the River Campus Board of Managers will expire on December 1, 2010. These positions are currently held by Gary Miller and Dennis Vollink. The Board of Regents of Southeast Missouri State University will appoint one person to fill the position currently held by Mr. Miller, and the City Council must appoint one person to fill the position currently held by Mr. Vollink. BACKGROUND/DISCUSSION Mr. Vollink has expressed an interest in being reappointed to the Board, and a copy of his advisory board summary sheet is attached. The River Campus Board of Managers is not subject to the code requirements relating to term limits or board attendance. Attached are advisory board summary sheets from Timothy Lee and Keith Sander, who have expressed an interest in serving on the board. STAFF RECOMMENDATION Recommend to appoint one member to the River Campus Board of Managers for a term expiring December 1, 2013, ATTACHMENTS • River Campus Board of Managers Roster • River Campus Board of Managers Applications CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees November 1, 2010 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. The following advisory boards are not subject to code requirements relating to term limits and board attendance. River Campus Board of Managers Serve three year terms, three appointed by Council, three by Semo University Board of Regents. Board meets monthly as needed. At least one of the city's appointees shall be from the hotel/motel industry. The Board is responsible for supervising the use of the River Campus facilities. Staff contact- City Manager, 339-6320. Date Appointed Appointed BV Term Expires Gary Miller 4/04, 12/08 Board of Regents December 1, 2010 Dennis Vollink 8/16/99; 12/3/01; 12/6/04 City Council December 1, 2010 11/19/07 Tomas Swayne Byrd 9/98; 12/04 Board of Regents December 1, 2010 Jerry Ford 8/16/99; 11/18/02; 11/21/05 City Council December 1, 2011 11/17/08 Kathy Mangels 12/09 Board of Regents December 1, 2012 th Knote, Chairman 8/16/99; 11/20/00; 11/17/03 City Council December 1, 2012 11/20/06, 11/16/09 Serve three year terms, three appointed by Council, three by Semo University Board of Regents. Board meets monthly as needed. At least one of the city's appointees shall be from the hotel/motel industry. The Board is responsible for supervising the use of the River Campus facilities. Staff contact- City Manager, 339-6320. Name Dennis Vollink CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Telephone: Day 573-335-3134 Home Address 1903 Sherwood Drive, Cape girardeau, MO 63701 Evening 573-335-4354 Address southwest.com 6�nnis.vollink@drurysouthwest.com y Mobile 573-579-0244 Year Current Residence in Cape Girardeau Began Current Employer and Position Previous Employers and Positions Nov - 1981 Southwest, Inc. President Number in priority order the Board(s) you are interested in serving on? _ Airport Advisory Board _ Board of Adjustment _ Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board _ Golf Course Advisory Board Historic Preservation Commission Parks & Recreation Advisory Board Planning & Zoning Commission Public Library Board x River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board service): I have represented the city on the River Campus Board since inception (1999) and am familiar with agreements and rules of governance. Business experience. State why you are interested in serving on this board: The City needs strong representation to ensure smooth coordination and clear communications and to maximize the benefits of the Joint Facilities. Educational Background: BS Civil Engineerinq - United States Air Force Academy Air Command and Staff College (USAF), Trinity University (MS- 22 Hrs) Solar Engineering, UPT - USAF Community Activities (Include offices held and committee service): Planning & Zoning Commission(Past), St Francis Hospital Board, Board of Managers Northern Arizona Univ HRM School, St Mary's Parish Building Committee, SEMO Engr Advisory BD. Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly x Anytime_ B. Morning Noon _. Afternoon Evening Anytime Would you like to receive news from the City via e-mail? El Yes ❑ No Would you like to attend a City Council Study Session when your D Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. 011 Signed CXR _.043914 Ij Date 11 Nov 10 ** Board Member Summary Sheets are valid for one year from the date that they are signed Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY 'Mame Dennis Vollink Telephone: Day 335-3134 Home Address1903 Sherwood Drive, Cape Girardeau MO 63701 Evening 335-4354 Year Current Residence in Cape Girardeau Began 198 Current Employer and Position Drury Southwest Inc. Engineer, Pilot, President DSW Development Cox Previous Employers and Positions United States Air Force - 1970 to 1981. Drury Development / Drury Southwest - 1981 to 1999. In which Board(s) are you interested? Joint River Campus Board Special Qualifications for specific board(s) (include past board service) Construction Managment in Historical Renovations on ojects of similar scope Registered Professional Engineer, (Missouri Colorado,Texas. Kentuckv). Educational Background BS Civil Engineering - USAF Acadamy - 1974. USAF Pilot Instructor Graduate School - 1-)76, 71 hr---. cowards Mast= in 4nci2l Engineering - Trinity University - 1981 Community Activities (Include offices held and committee service) Member City Planning & Zoning Board 1936 to 1999. Member of St. Francis Hospital Foundation Board - 1999. Member of National Society of Professional Engineers, American Society of Heating & Air Conditioning Engineers, Missouri Society of Professional Engineers, Member of USAF Reserves - Rank of Major attached to USAF Academy - Ceneral and Environmental Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly B. Morning X Noon Anytime Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed �i{��a� �s�G Date =!�� ** Board Member S ary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name i ev\0't� 1 �e 2 _ Telephone: Day 33 0 Z{S Home Address �,�j 3`13 _ B ( wre'�'f Vicyi CMF Evening 3 - 5 (eS GinailAddress k5 pnvi C Lee � t /a 1 00Corp Mobile 2,00 - 91or-i Year Current Residence in Cape Girardeau Began .- O O 3 Current Employer and Position Previous Employes and Positic Number in priority order the Board(s) you are interested in serving on? to Airport Advisory Board _I') Board of Adjustment Board of Appeals 1 t Board of Examiners t Girardeau Goes Green Advisory Board _ Golf Course Advisory Board Historic Preservation Commission 2 Parks & Recreation Advisory Board 3 Planning & Zoning Commission f Public Library Board I t River Campus Board of Managers Show Me Center Board of Managers Co Special Business District Advisory Commission IZ Tree Board Sp,;ccinal Qualifications for specific board(s) (include past board service): _M(55Du� 1%iskf �cT Horner 9xx.rA State To kedP �Q ���'�Q-%E q fo\�4�r 'whyyou((areinterestedinservingon�thisboard: �"� G�LT��J>✓ V:52 �S Orr ��nC jvw-�2(�� G.� �Oc i�Or`MS ppepp ol�Fcrc� Ed icational Background: Community Activities (Include offices held and committee service): C. mm 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? Cees ❑ No Would you like to attend a City Council Study Session when your C9 -'Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive abseuces, or four (4) absences in any twelve (t2) consecutive months, will result in your position being automatically forfeited on the Signed IN L1/-1— Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI i ADVISORY BOARD APPLICATION Name Telephone: S��D rL� 'Telephone: Day 9-U-/S/o 0 Home Address Evening 3312 -/sGv E-mail Address/�SGChC�e�f/�a�jA' ka0-Gw+-t- Mobile FJ7-41,P ' Year Current Residence in Cape Girardeau Began 200 P Current Employer and Position Previous Employers and Positir Number in priority order the Board(s) you are interested in serving on? // Airport Advisory Board J Board of Adjustment ZV Board of Appeals `J Board of Examiners L Girardeau Goes Green Advisory Board Golf Course Advisory Board 12 Historic Preservation Commission Parks & Recreation Advisory Board Planning & Zoning Commission i Public Library Board River Campus Board of Managers 6 Show Me Center Board of Managers Special Business District Advisory Commission /3 Tree Board Special Qualifications for specific board(s) (include past board service): /'46rn &e__ �o J'YV O�fi%r•s� �LtiB— n�tGwihw JiJ✓ic /yP�/ State why you are interested in serving on this board: 1 Gr/r1 S/_/r�lAi�ior Ed�Lr�fiGd !�- �l�7nQJ !✓ /l<«� f/S -/ fi�%JtiC �sx_ 3Gi,�� s � SfuJ G/,�LGt.•.-� �? i.00 /iio.l;;.i..., � RS ist/tirA-w�_a.,.�.�_�F �%moi as Educational Background: 15? 39 ^✓ / f�td� DS /n/ A'IA•vAstitGdf — S�-/� Gig' �</<�� ��l�tG.:Z/f /� vJ�t- y Community Activities (Include offices held and committee service): _�<L_��/j�.ri�= dA/� �/2✓ie/s..re 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? fT-Yes ❑ No Would you like to attend a City Council Study Session when your —Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. / Signed M' lam_ �% Date 11­0f—lo ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City iManager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. SUBJECT Appointment of one member to the Show Me Center Board of Managers for a term expiring December 1.2013. EXECUTIVE SUMMARY Two positions on the Show Me Center Board of Managers will expire on December 1, 2010. These positions are currently held by Kathy Mangels and City Manager Scott Meyer. The Board of Regents of Southeast Missouri State University will appoint one person to fill the position currently held by Ms. Mangels, and the City Council must appoint one person to fill the position currently held by Mr. Meyer. BACKGROUND/DISCUSSION The Show Me Center Board of Managers is a board consisting of six members, three appointed by the City Council and three appointed by the Southeast Missouri State University Board of Regents. The City Manager has held a position on this board since it was created. Attached are advisory board applications for Timothy Lee and Keith Sander, who have expressed an interest in serving on this board. STAFF RECOMMENDATION Recommend one appointment be made to the Show Me Center Board of Managers for a term expiring December 1, 2013. ATTACHMENTS • Show Me Center Board of Managers Roster • Show Me Center Board of Managers Applications CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees November 1, 2010 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. The following advisory boards are not subject to code requirements relating to term limits and board attendance. Show Me Center University/City Multi -Use Center Board ofManaaers Serve three year terms, three appointed by Counc it, three by SLMO University Board of Regents. Meet first Wednesday, every ''er month. Board supervises use of Show Me Center facilities. Staff contact City Manager, 339-6320. Date Appointer) Appointed By Term Expires Scott A. Meyer 7/6/09 City Council December 1, 2010 Kathy Mangels January 1, 2006; 1/1/07 Board of Regents December 1, 2010 Luke Landgraf 11/15/99; 11/4/02; 11/21/05 City Council December 1, 2011 11/17/08 "Troy Vaughn April 24, 2006 Board of Regents December 1, 201 1 Cordell Dombrowski 11/17/04; 11/20/06; 11/16/09City Council December 1, 2012 Dr. Beth Laster December 1, 2003 Board of Regents December 1, 2009 Serve three year terms, three appointed by Counc it, three by SLMO University Board of Regents. Meet first Wednesday, every ''er month. Board supervises use of Show Me Center facilities. Staff contact City Manager, 339-6320. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name iwv.A-/ ed% ppe- �± Telephone: Day 33�- Z{S Home Address 1I. 5 3 � D I wre' \ t �y r Cr1�E Evening �j - % 5 � S E-rnailAddress kr) Qnwee g o ��o. Cath Mobile ZQO Year Current Residence in Cape Girardeau Began O O Current Employer and Position C h PoJ(:J if �?ro 6�5e C - \urs `� QHS To P� Previous Employers and Positions 5 LF - Ew pinJ eoi F- N,Cv ae1:<i Number in priority order the Board(s) you are interested in serving on? to Airport Advisory Board Board of Adjustment _ Board of Appeals 1 Board of Examiners Girardeau Goes Green Advisory Board 1� Golf Course Advisory Board 5 I-Iistoric Preservation Commission 2 Parks & Recreation Advisory Board 3 Planning & Zoning Commission Public Library Board 1 t River Campus Board of Managers Show Me Center Board of Managers ( Special Business District Advisory Commission 12- Tree Board Sp,:cial Qualifications for specific board(s) (include past board service): _�SpN.-�C"• - .1/is"k(-\LT %�cSrne_ Massiyf�s �x�ct�. State why you are interested in serving on this board: -o � e� � ¢ 01 '4yrp ' f Educational Background: t 0e 6-ye)1x t 1 fee_ i vN T,v Community Activities (Include offices held and committee service): C°1n Von -ec- n -T &'Inmec-c'e Meeting tinte(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly ✓Anytime B. Morning Noon Afternoon Evening Would you like to receive news from the City via e-mail? Would you like to attend a City Council Study Session when your application comes up for consideration? Anytime H' -'Y -'es ❑ No 19Yycs ❑ 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 Signed I/✓ Date * Board Member Summary Sheets are vatid for one year front the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name �Q/ 74,V EA Telephone: Day .33.2-/S6 o Home Address Evening—D-2 -1-5- —[-IQ E-mailAddressX'SGChderf/��j�jo0-Ly>vt Mobile d'd741,P$ Year Current Residence in Cape Girardeau Began 30 /W !j,¢e!C 20o y Current Employer and Position Previous Employers and Positic Number in priority order the Board(s) you are interested in serving on? !/ Airport Advisory Board 3 Board of Adjustment 167 Board of Appeals Board of Examiners L Girardeau Goes Green Advisory Board Golf Course Advisory Board /2 Historic Preservation Commission Parks & Recreation Advisory Board 9 Planning & Zoning Commission S Public Library Board River Campus Board of Managers 6 Show Me Center Board of Managers l Special Business District Advisory Commission /3 Tree Board Special Qualifications for specific board(s) (include past board service): /300"e /'t ern 6 - , /Vo r),y eP, sem rLyB- A�Glvi hc� Jr%✓Gc /y�r/ ,•— State why you are interested in serving on this board: 1 Gr/,9 S¢�i iy ?e /i i✓4iGii,� E��l fiGd - %lrN aJ 4/ /moi!/, //f ,< i J/ Educational Background15? 31' �✓ / Fhy Community Activities (Include offices held and committee service): (,/, el" Zex tcv� 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? fj�yes ❑ No Would you like to attend a City Council Study Session when your Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed Date Date /1-65 /o ** 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. Bos 617, Cape Girardeau, MO 63702-0617. SUBJECT Resolution allowing the City Manager to enter into an agreement to amend the General Services Contract with HDR Engineering. EXECUTIVE SUMMARY Amendment 2 to the General Service Agreement with HDR Engineering will provide professional services for the plan, operability, and constructability review of the Cape Girardeau wastewater treatment plant. BACKGROUNDIDISCUSSION On May 17, 2010, the Council authorized Amendment 2 to the General Services Agreement with Jacobs Engineering Group, Inc. for the design of a new wastewater treatment plant including topographic surveying, archeological survey, geotechnical investigation and bidding phase services. Due to the large scope and technical specialty of this project staff recommends that a third party engineering consultant reviews this work. A Request for Qualifications for the plan review was solicited. Staff evaluated the Statements of Qualifications and ranked them. HDR Engineering was ranked the highest and staff recommends that their services be acquired. On November 1, 2010, the Council authorized the City Manager by resolution to enter into General Services Agreement and Amendment 1 with HDR Engineering for services relating to the planning and design of a new transfer station. FINANCIAL IMPACT The cost of this contract will be $99,970.00. The City will be paying these costs out of the CIP sales tax revenue and sewer equipment replacement reserves. Amounts paid from these sources will be reimbursed by bonds issued to build the new sewer plant. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the City Manager to execute Amendment 2 to the General Services Agreement with HDR Engineering. ATTACHMENTS • BILL NO. 10-178, Resolution approving Amendment 2 • Amendment 2 BILL NO. 10-178 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE GENERAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC., TO PROVIDE ENGINEERING SERVICES FOR A WASTEWATER TREATMENT PLANT, 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 Amendment No. 2 to the General Services Agreement with HDR Engineering, Inc., to provide engineering services for a wastewater treatment plant. A copy of the Agreement is attached hereto and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Amendment Number 2 Effective Date Amendment No. 2 This Amendment is entered into on the effective date noted above pursuant to the "General Servcics Agreement" between CITY OF CAPE GIRARDEAU, MISSOURI ("Client") and HDR ENGINEERING INC. ("Consultant"), dated November 2, 2010, ("Agreement"). The Agreement is incorporated herein and forms an integral part of this Amendment. However, in case of conflict, the terms of the Amendment shall control. Services Authorized Client authorizes Consultant to perform the Services described in Exhibit A attached hereto and incorporated herein, which Exhibit A is marked with the above noted Amendment No. 2 and consists of three pages. Compensation To the extent and amount invoiced, Consultant will be compensated for this Amendment on the following basis of reimbursement: 1. For the salary costs of its professional, technical and supporting personnel for the time during which they are directly employed in services covered by this Task, multiplied by a factor of 3.1 to cover overhead and profit. a. Salary costs are defined as the salaries paid for regular time and overtime (including any premium overtime) worked. b. Included in overhead are: Provision for applicable animal salary related expenses, including sick leave, vacation pay, holiday pay and other ordinary and customary paid time off, bonuses, the employer's portion of social security, unemployment and other payroll taxes, Employee's Retirement and Benefit Plan contributions, employer's portion of group hospitalization and medical insurance, and the cost of worker's compensation insurance. ii. The salaries of officers, except for technical or advisory services directly applicable to the project. iii. Rent and costs of light, heat and water; equipment depreciation and maintenance cost; costs of office supplies and reproduction of data for our internal use; general communications expense, including local telephone calls and postage; taxes, insurance premiums and license fees; automotive expense and other transportation and travel expense not chargeable to specific contracts; and other miscellaneous costs. Pagel of 3 Ciry of Cape Girardeau Amendment Nn 2 2. For the following direct costs: a. Travel, subsistence, and incidental expenses of personnel while traveling in connection with this Task. b. Transportation by passenger automobiles that HDR supplies intermittently in connection with this Amendment, at the prevailing federal mileage reimbursement rate. All costs of owned, leased or rented passenger vehicles assigned to this Amendment and car allowances granted to management and supervisory personnel are reimbursable. Reimbursement for the cost of special types of vehicles will be at rates to be mutually agreed upon when such vehicles are required. c. Reproduction of drawings, photographs, maps, charts and reports which are prepared for the Owner's periodic or interim review and also the cost of the reproduction which constitute the delivery of services. d. Wire and wireless communication of messages and data in connection with this Amendment. e. Insurance required by Owner in addition to the coverage or in excess of the limits normally carried. f. Subcontracted services such as, but not limited to, borings, surveys, testing and computing services, if required in the performance of this Amendment. Consultant will add ten percent (l0%) to invoices received by Consultant from subconsultants and subcontractors to cover administrative expenses and vicarious liability. 3. Estimate of Cost of Consultant's Services a. Consultant estimates that the total cost of the services will be $99,970. HDR will consult with the Owner and obtain the Owner's consent before its costs exceed this estimate. HDR does not guarantee, however, that the cost of the services required by this Agreement will not exceed the estimated amount. Page 2 of 3 City of Cape Girardeau Amend moot No. 2 CITY OF CAPE CIRARDEAU, MISSOURI BY: _ NAME: TITLE: DATE: Cicy or Cnpc GUuaeau Amendment No. 2 "DR ENGTNEEIMi G, INC. BY: NAME: Stanley A. Christopher Sr. Vice President DATE: 11/29/2010 Page 3 of 3 Exhibit A —Amendment No. 2 PROFESSIONAL SERVICES FOR THE PLAN, OPERABILITY, & BIDABILITY REVIEW OF THE CAPE GIRARDEAU WASTEWATER TREATMENT PLANT ENGINEERING PROJECT SCOPE OF SERVICES Herein, "ENGINEER" refers to Jacobs Engineering Group, Inc., the firm preparing the contract documents for the wastewater treatment plant. The term "CONSULTANT" refers to HDR Engineering, Inc., the firm selected to complete the plan review of the ENGINEER's services. Following are the major tasks for the project: Task I - Kick-off Meeting. This meeting will allow CONSULTANT, ENGINEER and City staff to review the current state of the design and for the City and ENGINEER to forward documents to CONSULTANT. Topics to be discussed during this meeting include the following: • Introduction of project by City staff. • Schedule. • Lines of communication. • Review of current state of design. o City and F.NGINF,ER forward documents for review to CONSULTANT o ENGINEER presents history of project and work completed to date o City, ENGINEER and CONSULTANT discuss project • City engineering and operations and maintenance input on the project. • Key objectives and issues for the project. • CONSULTANT shall prepare agenda and minutes of the Kick-off Meeting Task 2 - Collect and Review Data. CONSULTANT will review current state of the design documents and operational data on all relevant facilities. ENGINEER and City staff will provide assistance to CONSULTANT in obtaining this information. Subtasks required include: • Review site plans and geotechnical engineering data on proposed sites for treatment plant. • Review design criteria, technical memorandum, preliminary cost estimates, drawings and specifications for proposed treatment facilities. • Review lists of alternatives being considered on each unit process where design criteria has not been proposed. • Interview City's operational staff, City's public works and engineering staff, and ENGINEER's project manager. Task 3 - Workshop. Following the kick-off meeting and the collection and review of data, CONSULTANT will conduct a workshop and submit recommendations, comments and questions at the completion of the workshop. The Workshop will be conducted when the ENGINEER will be 60% complete with the design effort. Subtasks required include: • Verify appropriateness of team from SOO and/or modify as appropriate. • CONSULTANT to prepare cost model that identifies the components of the project drat contribute to most of the costs and identifies where costs may be higher than expected and indicating where costs may be saved. • Conduct Workshop o Day I • Review cost model I Graphical Presentation of cost model • Review Key Operability issues w/Current Preliminary Design • Review Value Engineering Issues vv/Current Preliminary Design lPage I of 3 Exhibit A — Amendment No. 2 PROFESSIONAL SERVICES FOR THE PLAN, OPERABILITY, & BIDABILITY REVIEW OF THE CAPE GIRARDEAU WASTEWATER TREATMENT PLANT ENGINEERING PROJECT • Review Biddability Issues w/Current Preliminary Design • Conduct Speculative I Creative Phase by Starting to List Ideas o Day 2 • Conduct Screening 1 Alternative Selection Phase: Select best ideas, based on list of advantages and disadvantages, and ranking of ideas. • Conduct Evaluation / Investigation Phase: Develop alternative designs, compute life cycle cost comparisons, and prepare sketches. o Day 3 o Day4 • Continue Evaluation / Investigation Phase • Recommendation and Presentation Phase: Prepare recommendations and cost summaries for each idea evaluated, present workshop findings to City and to ENGINEER, make recommendations and cost summaries for each of the ideas evaluated. Review Conference Phase: The City, ENGINEER and CONSULTANT will meet with City staff to accept or reject the workshop ideas. • CONSULTANT shall prepare a brief detailed description of the findings and shall provide to the City and to the ENGINEER within 2 weeks of the Review Conference Phase. Task 4 -Review ojFinal Design Contract Documents. Relative to the City of Cape Girardeau's wastewater treatment plant, the following contract document review tasks shall be performed: • CONSULTANT shall perform value engineering, operability and bid ability reviews at the following milestones: 80-85% • The value engineering, operability and bid ability reviews shall include the following: o Review of coordination between Plans and Specifications o A review from a value engineering perspective o A review from an operability perspective o A review from a bid ability perspective o A review of the ENGINEER's constriction cost estimate o A review of methods of procurement; availability of materials, labor and equipment, and facility.start-up requirements. o Sufficient qualified personnel shall be provided for the appropriate disciplines to expeditiously and effectively perform each review. o A detailed description of the findings oC cath value engineering, operability and bid ability review shall be provided to the City and to the ENGINEER within 2 -weeks of submittal of the milestone contract documents. A conference call (or meeting, as appropriate) between City, ENGINEER and CONSULTANT shall be conducted one week after the review findings to discuss and then accept or reject recommendations. fqPage 2 of 3 Exhibit A — Amendment No. 2 PROFESSIONAL SERVICES FOR THE PLAN, OPERABILITY, & BIDABILITY REVIEW OF THE CAPE GIRARDEAU WASTEWATER TREATMENT PLANT ENGINEERING PROJECT SCHEDULE The following tentative schedule has been prepared for this project, based on the City's requested schedule in the original Request for Qualifications. Kickoff Meeting Workshop Dates Workshop Completion Contract Document Review RPage 3 of 3 December 22, 2010 January 10-13,2011 January 17, 2011 As Required MOR Engineering, Inc. Cape Girardeau VE Study Estimate of Hours (11/29i Employee Rale Lay, leremey PIA young, Pat QA/QC Neethling, 19 Process Williams, Rob VE Bower, Bob Q pera[ions Buechler, Kathy Elect. Eng. Wiseman, Dave Cvnstrunabllit Leng, lune UV Delaforest, Ed Bipsolids Clark, lames mrrzNaaeeiry Geotech. Eng. Expert Campbell, Jami Admin Expenses Total Hours aS n xi.alu.�.0 i ✓.t vim.... x y. +. „dll ':*i+."'L.,, ,'^",{_i'::', .a ..rsr ,' ..s .ra x"y"°.. n"F d';." S" .'s „r.`E''9 ."=x :!eE�,. »:-a'k",-+"_-C}vr.r;z $x ea•w't'.. :..;.3. u 1 Collect & Review Data 16 8 1 6 12 16 4 10 6 8 $ 25 86 2 Klckeff Attendees In person 8 8 $ 200 16 3 Kickoff Attendees by Conference Call 1 1 2 1 5 4 Meeting Mlnutez 2 2 1 1 $ 25 6 P.4 re .14{wrfA:..itu '.t,¢'P;6F+ iF$ �7 `Qi11 a.:.... Q �f •r 4'a -•. {ii 't3 .`. ry.: CA &ps_1i�.. Ia? u..u.;'.<s .- -.. X12 do � _ 1 Prepare Cost Model 24 1 1 36 2 Conduct Workshop Physical Anendo no' 32 16 28 28 16 $ 5)00 120 3 Conduct Workshop -Attend via Conference Call 2 2 ¢ Prep are technical Memo No.1 16 2 1 4 4 3 $ 25 30 5 Prolect Ma nagemen: a 1 9 a. ': •..y •'a•�i;`y+ aii�.. meA¢.-ZaJ.^� p'U �s irk _..�.'e.„.a.. 5.v�..sr �. ,. sa. ::u •".._ _. .^: _ ,` h._ i'�'r «<,eJS i"+"^V.v53 'd�eM'•'�*u �i Vii: �t » 1 Review Plan Set &Specifications 20 B 12 18 8 16 $ 2,500 116 2 Prepa to Technical Memorandum 11 1 1 2 1 1 21 3 Meeting to Discuss Memorandum 8 2 M22 2 4 16 9 -_ 7 _ To - x- =-•rt�„x _ Agenda: December 6, 2010 Staff: Ken Eftink, Assistant City Manager/ Development Services Director Cape I M SUBJECT 2010 Census Data Releases EXECUTIVE SUMMARY The Census Bureau is continuing to gather data and compile results from the 2010 census. The first data released from the 2010 Census will be the official national and state population counts, which are used to apportion seats in the US House of Representatives. As mandated by the US Constitution, this data must be delivered to the President of the United States by the US Census Bureau on or before December 31, 2010. The census information for our community will be released during the February to March 2011 timeframe. This count information will be down to the block level which will allow us to look closely at how our community changed from 2000. Staff will prepare reports and GIS maps for your review as the data becomes available. Other more detailed information collected by the census bureau will be release during 2011 thru 2011 Please see the attached 2010 Census Data Products At a Glance. There are numerous websites to find census information. http://2010census.gov is good. Also http://factfinder.censtis.gov is a user friendly website that has easy access to most of the key information abort our population. The 2010.census.g0v website estimates our July 1, 2009 population at 37,657. There will be some increase to the April 1, 2010 census day but this estimate seems to be in line with or even a little higher than our internal estimates based on the number of new housing units constructed since 2000. Staff wilt report the census data to you as it becomes available. ATTACHMENTS • 2010 Census Data Products At a Glance United States' Census 2010 2010 CENSUS DATA PRODUCTS: UNITED STATES At a Glance (Version 1.0) September 23, 2009 OVER I Lowest Level Planned Release Date' Data Products LGeo ra by .Std 2010 Census Redistricting Data (P.L. 94-171) Summary File: Blacks FEB 2011 —MAR 2011 -.State population counts for race and hispanic or Latino categories • State housing unit counts by occupancy status (occupied units, vacant units) Media: Internet tables, DVD, download capability National. National Summary File of Redistricting Data: American Indian, APR 2011 • Population and housing unit counts for the United States, regions, divisions, and Alaska Native, and American Indian, Alaska Native, and Native Hawaiian Areas Native Hawaiian areas Media: Internet tables download capability MAY 2011 - Demographic Profile: _ Places/Functioning • Selected population and housing characteristics Minor Civil Divisions2 • Includes Congressional Districts of the I I I"Congress Media: Internet quick mbler download ca ability .Stater. Summary File 1 (SF 1): JUN 2011 — AUG 2011 Population counts for 63 race categories and Hispanic or Latino .................... Blocks • Population counts for many detailed race and Hispanic or Latino categories, and ................. American Indian and Alaska Native tribes ..........................,.. Census Tracts • Selected population and housing characteristics ......................................... Blocks/Census Tracts j)'ationaf lJpdale. National Update: NOV 2011 • Counts for the United States, regions, divisions, and geographic areas that cross American Indian Areas state lines such as American Indian Areas and Core -Based Statistical Areas. tlrban/Aura! 11 do ate Urban/Rural Update:3 OCT 2012 • Addition of urban and rural population and housing unit counts ..................... Blocks • Addition of characteristics for urbanized areas and urban clusters __.............. urban Clusters Rt•affned CASA Undrte: Redefined Core -Based Statistical Areas Update: Addition of counts and characteristics for redefined Core -Based Statistical Areas Principal cities JUL 2013 —AUG 2013 as defined by the Office of Management and Budget following the 2010 Census bfedia: Internet tables. DVD (state and national only).' download capability ,Stotes Summary File 2 (SF 2): DEC 20t I — APR 2012 Population and housing characteristics iterated for many detailed race and Census Tracts Hispanic or Latino categories, and American Indian and Alaska Native tribes National Update: National Update: MAY 2012 Counts for the United States, regions, divisions, and geographic areas that cross American Indian Areas state lines such as American Indian Areas and core, Based Statistical Areas Urban/Rural Update: Urban/Rural Update: • Addition of urban and rural population and housing unit counts .................... Census Tracts JAN 2013 - • Addition of characteristics for urbanized areas. and urban clusters ................. Urban Clusters Threshold: To be determined Media.' Internet tables, DVD (state and national only).' download capability OVER Planned Lowest Level Release Dater Data Products Geo ra b MAY 2012 —DEC 2012 Summary Population and Housing Characteristics Report Series Places • Data tables on age, sex, race, Hispanic origin, households, bundles, housing tenure and occupancy, population density, and area measurements - • Reports for each state, the District of Columbia, and Puerto Rico; and a U.S. Summary • Similar to the Census 2000 PHC-1 report series Media: Internet PDF only APR 2013 — SEP 2013 Population and Housing Unit Counts Report Series Places • Data tables providing selected historical population and housing unit counts • Includes tables on population density and area measurements • Reports for each state, the District of Columbia, and Puerto Rico; and a U.S. Summary • Similar to the Census 2000 PHC-3 report series Media: Internet PDF eri"'re rrs JAN 2013 Congressional District Summary File (113th Congress) Census Tracts within (and every 2 years • Retabulation of Summary File 1 for newly redistricted Congressional Districts Congressional thereafter for states where (113's Congress) Districts redistricting occurs) Media: Internet tables DVD, ammloodcopability JUN 2013 State Legislative District Summary File Places (and every 2 years • Retabulation of Summary File I for State Legislative Districts drawn following thereafter for states where the 2010 Census redistricting occurs) Media: Internet tables, DVD, download capability Legislative District Geographic Supplement Blocks • Files containing current gwgrapbic attributes for blocks within State legislative Districts • No characteristics —only total population and housing unit counts Media: DVD download ca ahili DEC 2012 American Indian and Alaska Native Summary File American Indian and • Population and housing characteristics iterated for many detailed American Alaska Native Areas Indian and Alaska Native tribes • Same content as Summary File 2 Threshold: To he determined Media: Internet tables DVDdownboadcavabilin, APR 2013 Characteristics of American Indians and Alaska Natives by Tribe Report States • Population and housing characteristics for selected American Indian and Alaska Native tribes • Similar to the Census 2000 PHC-5 report, but only for 100 -percent data Media, Internet PDF, paper(printed revert MAR 2011 — FEB 2012 2010 Census Briefs Largest Places • Analysis of topics including graphs and tables • Topics based on 2010 Census questions • Similar to the Census 2000 Briefs series Media: Internet PDF paper (printed reports) J1IN 2011 —JUN 2013 2010 Census Special Reports Largest Places • Detailed analysis of topics including graphs, tables, and maps • Similar to the Census 2000 Special Report series • Includes an "Atlas" Media: Internet PDF paper(printed reports) To be determined Public Use Microdata Sample (PDMS) Files PUMAS of 100,000+ • Includes age, sex, race, Hispanic or Latino origin, household type and population relationship, and tenure data with identifying information removed .Media: DVD, download capability Agenda: December 6, 2010 Staff: Gayle L. Conrad, City Clerk SUBJECT Appointment of one member to the Planning and Zoning Commission for a term expiring November 1, 2012. EXECUTIVE SUMMARY Ms. Patricia Mothershead was serving on the Planning and Zoning Commission for a term set to expire November 1, 2012. However, due to attendance requirements, Ms. Mothershead is no longer on the commission. She missed four meetings within a 12 month period BACKGROUND/DISCUSSION Members of the Planning and Zoning Commission serve a four-year term. Every voting member of the commission must be a resident of the City of Cape Girardeau. The following individuals have expressed an interest in serving on the Commission: Joseph Ingram Rick Lambert Timothy Lee Keith Sander Bruce Skinner Jason Trickey GENERAL DIRECTION SOUGHT/SPECIFIC QUESTIONS TO BE ANSWERED Unless directed otherwise, one appointment to the Planning and Zoning Commission for a term expiring November 1, 2012, will, appear on your next agenda for consideration. ATTACHMENTS • Planning and Zoning Commission Roster • Advisory Board Applications CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees November 13, 2010 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Planning and Zoning Commission Serve four year terms, appointed by Council. Meetings held second -Wednesday at 7:00 p.m. in Council -Chambers- Commission reviews and recommends actions on zoning changes and land subdivision and plans for the city. Staffcontact— �n E ink, City Planner 339-6326. Date Appointed Date Reappointed Term Expires Charles Haubold November, 1987 10/16/95;10/18/99;10/20/0110/15/07 November 1, 2011 Marcia Ritter May 3, 2010 --- November 1, 2011 Ray Buhs October, 19, 1998 10/23/00; 7/2/01; 10/18/0410/20/08 November 1, 2012 Bill Hinckley, Chairman December 6, 2004 10/20/08 November 1, 2012 Vacant (Mothershead) --- --- November 1, 2012 Thomas Welch October 21, 2010 --- November 1, 2013 Scott McClanahan January 20, 2004 10/23/06; 10/18/10 November 1, 2014 Trae Bertrand November 20, 2006 10/18/10 November 1, 2014 Ralph Maxton March 21, 2005 10/23/06; 10/18/10 November 1, 2014 Serve four year terms, appointed by Council. Meetings held second -Wednesday at 7:00 p.m. in Council -Chambers- Commission reviews and recommends actions on zoning changes and land subdivision and plans for the city. Staffcontact— �n E ink, City Planner 339-6326. CITY OF CAPE GH ARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name Joseph M. Ingram Telephone: Day (573) 334-8803 Home Address 136 Oak Glenn, Cape Girardeau, IVIS 63701 Evening (573) 334-8803 E-mail Address ingramjosepl-m@gnai 1 .com Mobile (573) 450-5909 Year Current Residence in Cape Girardeau Began 1972 Current Employer and Position RETIRED (Procter and Gamble and U.S. Army) Previous Employers and Positions Procter and Gamble - Technical Manager and Site Master Planner U.S. Army Reserve - Various command and staff positions Colonel Number in priority order the Board(s) you are interested in serving on? _ Airport Advisory Board _ Board of Adjustment _ Board of Appeals _ Board of Examiners _ Girardeau Goes Green Advisory Board _ Golf Course Advisory Board Historic Preservation Commission _ Parks & Recreation Advisory Board 1 Planning & Zoning Commission _ Public Library Board _ River Campus Board of Managers _ Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board service): Extensive background in C i v i I Engineering and expansion master planning with Procter and Gamble State why you are interested in serving on this board: I wou I d I i ke to se rve my conmun i ty by app I y i ng my professional skills toward the orderly expansion of the City of Cape Girardeau. Educational Background: B.S. 1971 and M.S. 1972 University of Mo- Rolla Engineering_ _Management U.S. Army Command and General Staff College 1982 Community Activities (Include offices held and committee service): U.S. Army Reserve, Cape Jaycees, Optimist International, St. Mark's Masonic Lodge, River Gity Rodders, Cape County Gun Club, Cape Historical Society, Citizens Law Enforcement Academy, HDA Whispering Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly_ Anytime XX B. Morning Noon ` Afternoon _ Evening ^ Anytime ,)0( Would you like to receive news from the City via e-mail? 91 Yes ❑ No Would you like to attend a City Council Study Session when your IBI Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the boardlcommission. Signed Date 1't Or"lOp 10110 Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Boa 617, Cape Girardeau, MO 63702-0617. 7� CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name ?Ie t/-l24eAn*) // J n Telephone: Day 339 701) Home Address oN50'1 SP"/�DD� �R,,44e, LQ� 03%0/Evening J34- 7,;Z 3 T E-mail Address -;,>14 ,- (F Ww ii Mobile A7,) -11,5s— Year Current Residence in Cape Girardeau Began ll l Current Employer and Position G' G' Previous Employers and Positions k0kk (2y-7 JA)1Y1&7r ZL� Number in priority order the Board(s) you are interested in serving on? / Airport Advisory BoardParks & Recreation Advisory Board _ Board of Adjustment /ti Planning & Zoning Commission Board of Appeals _ Public Library Board _ Board of Examiners River Campus Board of Managers Girardeau Goes Green Advisory Board Show Me Center Board of Managers Golf Course Advisory Board _ Special Business District Advisory Commission Historic Preservation Commission Tree Board Special D Qualifications for specific board(s) (include past board service): Od� Ly U&I " T CbY1 m4, /N 416/1, -X4-io67&g, 1S '/9&kS- EJ( L 7 e State why you are interested in serving on this board: / � /+ 17/7 ,�2&70/ l�l/UeZr�Ptu l�iiz°�{ErC /n Ot?c9trlvtc lqe', .4&e., Q4,A rff WW I.1G Educational Background: (,1,717`1'' Vlkolk%GA-� Community Activities (Include offices held and committee service): 11'1t1,0104#, /u J nn. Z.. — M • �2n-- ®-.1-- - /_- 1 - 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 Tike to receive news from the City via e-mail? ❑ Yes Rr No Would you like to attend a City Council Study Session when your )0 Yes Ll No application comes up for consideration? C1q,A, dAO) 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/commissi Signed ��4�z 1"\ Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Name Home Address CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION �_e Telephone: Day 3-314- Evening 3y- Evening 3 3 �7 - '7,5(:,S E-mail Address pnw-et- lee n �e L)o oz, Mobile2,Qo - 9oy Year Current Residence in Cape Girardeau Began 0 03 Current Employer and Position Previous Employers and Positions 5 51 L F -adv 91D 1, eo� I—% o f Number in priority order the Board(s) you are interested in serving on? iJ Airport Advisory Board Board of Adjustment Board of Appeals 1 . Board of Examiners Girardeau Goes Green Advisory Board Golf Course Advisory Board L' Historic Preservation Commission 2 Parks & Recreation Advisory Board 3 Planning & Zoning Commission f Public Library Board I t River Campus Board of Managers 6 Show Me Center Board of Managers ( Special Business District Advisory Commission 12- Tree Board Sp,;cial Qualifications for specific board(s) (include past board service): _M( sou�� DtsA-r(CT Hoyy\e- WS k3QS r�1. State why you are interested in serving on this To �\eP 1 Q c �Ua t E_ 41 �� crc-T�J� IIboard- l/:SerS c"�'� tl�C it'�-CeCw,\rG.*� fN'oo(�Ar15 ofFerc�1 �V EdxcationatBackground: tc ree_ i v\ jv pn o�y Community Activities (Include offices held and committee set -vice): ��navdl�ec 0-f- C.'V)merc-e Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly ✓Anytime B. Morning Noon Afternoon Evening Anym tie ✓ Would you like to receive news from the City via e-mail? N-iYes ❑ No Woutd you like to attend a City Council Study Session when your 19 -Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, witl result in your position being automatically forfeited on the Signed l/iz Ex ­e— Date ** Board Member Summary Sheets are valid far 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. . _ V E 0 CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name �Qi/TN 14AIj� �/� Telephone: Day Home Address 2 1'7,1 (o L3 &wma/it< Evening i E-mail Address Mobile je'97 4Z.Pf Year Current Residence in Cape Girardeau Began -?4,5 / F9f b�u� 20o y Current Employer and Position Previous Employers and Positic Number in priority order the Board(s) you are interested in serving on? // Airport Advisory Board Parks & Recreation Advisory Board J Board of Adjustment 9 Planning & Zoning Commission 67 Board of Appeals S' Public Library Board `/ Board of Examiners Z— River Campus Board of Managers L Girardeau Goes Green Advisory Board G Show Me Center Board of Managers Golf Course Advisory Board 1jr Special Business District Advisory Commission /2 Historic Preservation Commission 13 Tree Board Special Qualifications for specific board(s) (include past board service): M Crn /vovw p�l7h S� /LN8- MGNa Jrhlee jfeffr State why you are interested in serving on this board: 1 6r/.¢S Qs1y�_iy lvy /r� rQ�f�s 2�2' fiGd - /� ✓ /✓ /�% HS ,/ ��/ dcte 2,� 39,e,, Educational Background: 39 �✓ / f4d�— Community Activities (include offices held and committee service):�e1�i'ri �t QA/e/ %✓id Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly /Monthly-- Anytime —B. Morning—,Noon "—Afternoon , EveningAnytime Would you like to receive news from the City via e-mail? ffT�Yes ❑ No Would you like to attend a City Council Study Session when your LLJ---Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed Date ** Board Member Summary Sheets are valid for one year hom the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617, CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name: Bruce W. Skinner Telephone: Day573-651-2802 Home Address 1009 Dearmore Ct, 63701 Evening: 573-651-611 E-mail Address bskinner@semo.edu Mobile: 573-270-7518 Year Current Residence in Cape Girardeau Began: 1993-1997, 1999-2003, 2008 -present Current Employer/Position: Southeast Missouri State University, Director Residence Life/Dining Previous Employers and Positions • K -Mart — Operations Manager (Kansas City. MO) • Phar -mor Pharmacy— Pharmacist Technician (Kansas City, MO) Number in priority order the Board(s) you are interested in serving on? 1. Planning & Zoning Commission 2. Parks & Recreation Advisory Board 3. Girardeau Goes Green Advisory Board Special Qualifications for specific board(s) (include past board service): • ]served on the Parks Board and Planning and Zoning Board for Chafee from 2004-2007 • Interned with City of Cape under Kent Braton in the City Planners Office • Thesis research focused on the use of Capital Improvements Planning by City Governments State why you are interested in serving on this board: I am very pleased to be raising a family in Cape and with my work at the University, educational background and my previous experience on similar board in Chafee; I feel I can contribute to our community. Educational, Background: • Bachelors Degree in Political Science • Masters Degree in Public Administration • Doctorate in Education Policy Community Activities (Include offices held and committee service): • Cape West Rotary Member • Delta Chi Fraternity, President of Alumni Foundation • American Red Cross Volunteer • 2010 Census "I Count Committee" • Cape Girardeau Chamber of Commerce Member • Cape Bible Chapel Member Meeting time(s) convenient for you: (Please check one in A and one in B) A. Anytime B. Anytime Would you like to receive news from the City via e-mail? Yes (I already do) Would you like to attend a City Council Study Session when your application comes up for consideration? Yes By,signing this document, you agree to serve and Vend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months ill result in your position being automatically forfeited on the board/commission. Signed Date `�2�v CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION 2� Name � qspj /' �� G�G 4/ T—t7 elephone: Day .5-- O �.SC) Home Address_��%� /� ✓ ✓1StG ,lJ,d Evening_ &'110 E-mail Address, Jam -C,_) � 6Ca�i Hc�t/ha! f Ca"1 Mobile f Year Current Residence in Cape Girardeau Began Current Employer and Position Previous Employers and Positions Number in priority order the Board(s) you are interested in serving on? ZAirport Advisory Board _ Parks & Recreation Advisory Board Board of Adjustment Planning & Zoning Commission Board of Appeals Public Library Board Board of Examiners River Campus Board of Managers Girardeau Goes Green Advisory Board _ Show Me Center Board of Managers _ Golf Course Advisory Board _ Special Business District Advisory Commission Historic Preservation Commission —Tree Board Sp dial Qualifications for specific be, d s (include past board service): S-g� State why you are interested in serving on this Educational Background: Community Activities (Include offices held and committee /service):ptl}/L-")✓ C, ./� Itve L%itVtS.V� �j (GG (JI ��C✓� S Ol0 G�SF/✓• �t/!G I/l'N C/fI C"" "�.. y✓h� -F,�' � �e S�e� %�-y ice f d��^ �%�CPy `��' ���- Sccuf- Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening yAnytime Would you like to receive news from the City via e-mail? 41 r�-,b ❑ Yes ❑ No Would you like to attend a City Council Study Session when your Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the u�a,w wiuw i�u. Signed Dates_ Board Mem er Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Agenda: December 6, 2010 Staff: Gayle L. Conrad, City Clerk Appointment of two members to the Board of Examiners for terms expiring January 1, 2014. EXECUTIVE SUMMARY Two terms on the Board of Examiners are set to expire January 1, 2014. One position is presently held by Stanley Wicks, and the other is vacant. In addition, there is a second vacant position for a term to expire January 1, 2013. Mr. Wicks does not wish to be reappointed to the Board because he will be moving outside of the City, and the two positions open to County residents are already filled. BACKGROUND/DISCUSSION Members of the Board of Examiners serve a three year term. Section 15-426 of the Code of Ordinances which outlines the requirements for the board is attached. The only qualified applicant on file is Mr. James Bowling, and his Advisory Board Application is attached. GENERAL DIRECTION SOUGHT/SPECIFIC QUESTIONS TO BE ANSWERED Unless directed otherwise, one appointment to the Board of Examiners for a term expiring January 1, 2014, will appear on your next agenda for consideration. Staff will continue to advertise for the two vacant positions. ATTACHMENTS • Board of Examiners Roster • Section 15-426 of the City Code • Advisory Board Application CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees November 13, 2010 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Board of Examiners Date Appointed Date Reappointed Term Expires Vacant (Altenthal) ------ January 1, 2011 Stanley Wicks (electrician) December 21, 1998 12/17/01;1/18/05; 12/17/07 January 1, 2011 George Reutzel (construction/electrician) June 21, 1999 6/17/02; 6/20/05; 6/4/07 July 1, 2011 7/1/08 Danny E. Stitz (plumber/mech. install.) July 21, 1997 Marc Wicks (at large) Vacant (Jansen) September 18, 2006 Tim Pinkley*, Chairman February 20, 2007 (plumber/mech install.) Dennis Coomer* (plumber/mech. install) February 20, 2007 const./ electrician) 12/20/99; 12/16/02; January 1, 2012 12/19/05; 12/15/08 7/7/08?; 12/15/08 January I, 2012 --- January 1, 2013 --- January 1, 2013 --- January 1, 2013 -. rve three yearterms, appointed by Council. Two of the 8 members may be residents of Cape Girardeau County as long as they hold a valid trades license. Four of the 8 members must have at least 6 years practical experience in I of the construction trades and be licensed in and actually engaged in working at their construction trade at the time of appointment. These four members must include not more than one of each of the following: plumber, mechanical installer, electrician, construction contractor, master drainlayer and plumbing fixture installer. Three members must be licensed as either a plumber, an electrician, a mechanical installer, a construction contractor, a master drainlayer or a plumbing fixture installer and must be actually engaged in working at their trade at the time of their appointment. One member need not be a licensed practitionerof the construction trades. Two members may be residents of Cape County. Meetings held first Wednesday at 7:00 p.m. in Council Chambers. Board considers applications for building trades licenses. Staff contact- Tim Morgan, Inspection Services Director. 339-6328. Sec. 15-426. Board of examiners (a) Creation. There is hereby created a board of examiners of construction trades consisting of eight (8) regular members. (b) Term, appointment, qualifications. The city council shall appoint the eight (8) members of the board of examiners by formal motion and majority action. Except as otherwise provided in section 2-98, members of the board of examiners shall serve for terms of three (3) years. All members' terms shall be staggered so that three (3) members' terms expire each year, but every third year only two (2) members' terms shall expire. Four (4) of the eight (8) members of the board shall have at least six (6) years practical experience in one (1) of the construction trades, and be licensed hereunder and be actually engaged in or working at their construction trade at the time of their appointment. These four (4) regular members of the board must include not more than one (1) of each of the following: plumber, mechanical installer, electrician, construction contractor, master drainlayer and plumber fixture installer. Three (3) members of the board shall all be licensed pursuant to this article as either a plumber, a mechanical installer, an electrician, a construction contractor, a master drainlayer or a plumbing fixture installer and must be actually engaged in or working at their trade at the time of their appointment. One (1) of the eight (8) members of the board need not be a licensed practitioner of one (1) of the construction trades. Up to two (2) of the eight (8) members of the board of examiners may be residents of Cape Girardeau County, as long as they hold a valid construction trades license under the terms of this chapter. The remaining members must be residents of the city. (c) Officers. The board of examiners shall meet annually during the month of January to elect officers. (d) Afeetings. The board of examiners shall meet regularly at least once each calendar month for the purpose of examining all applicants who have requested licenses pursuant to this article. The action of a simple majority of the members will suffice to render a decision. The board shall report to the council who has been tested, the results of the tests, and the reasons for denial of any license. (e) Duties. It shall be the duty of the board of examiners to examine the qualifications of all applicants for a Plumber's license, mechanical installer's license, master drainlayer's license and electrician's license, as to their knowledge of and ability to perform the duties and services of the trade for which the application is made. The results of such examination shall be certified to the city clerk, where the certified results will become a permanent record. As a result of the aforesaid examination, the board ofexaminers may, when satisfied as to the competency and ability of the applicants for plumber's, mechanical installer's, master drainlayer's and electrician's licenses, authorize the city clerk to issue a plumber's, mechanical installer's, master dminlayer's or electrician's license to the applicant. The board shall commission the administration of tests as required herein to a nationally recognized testing agency using a nationally recognized test or the equivalent. The board shall also serve to advise the city council and city staff as to any recommendations they deem appropriate with regard to the licensing of various trades in the City of Cape Girardeau, Missouri. The City Clerk of Cape Girardeau is hereby authorized to act on behalf of the board of examiners in issuance of licenses for construction contractors and plumbing fixture installers. (Ord. No. 1213, art. 1, 8-3-92; Ord. No. 1810, art. 3, 10-16-95; Ord. No. 1851, arts. 1, 2, 1-8-96; Ord. No. 1928, §§ 1, 2, 3-18-96; Ord. No. 1961, § 3, 6-3-96; Ord. No. 2107, art. 1, 1-6-97; Ord. No. 2701, art. 11, 4-3-00) ?QlQ CITY OF CAPE GIRARDEAU, MISSOURI FCE'iVFD OCT 2 7 ADVISORY BOARD APPLICATION Name J Ames SoW I/Vi Telephone: Day S73 - 651- 01k3 Home Address f48a Lu.v4y;<w�ROCGirkrAeAUfM114 O (,3 7o Evening S73-6Si-o1P3 E-mail Address TAMeIraow rELecw� 66VAHOD co. Mobile 5-7; - 5'76 - Y 72 Year Current Residence in Cape Girardeau Began Current Employer and Position _ Previous Employers and Positions Number in priority order the Board(s) you are interested in serving on? _ Airport Advisory Board Board of Adjustment _ Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission _ Parks & Recreation Advisory Board _ Planning & Zoning Commission _ Public Library Board _ River Campus Board of Managers _ Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board service): Z A,tve A c v rrwt S � rd a ye ,411 EledriciAN'S Lice.✓s� iN cgpt Girprtl4lri ,TxrXror'� 4- S,yc��„✓ Mo State why you are interested in serving on this board: T WAr SrerA eA 6y ofkv b o+r.i ,nenb err 4W- L✓ ,w EGec%r,riuAr lyyJ4t-. S- 4JA.4fA�r T- pefroNgllV We,+ 4hoVP4 4kA exA^Txhtiu,l eroeesf. Educational Background:1{'�dsAIo l npi ,kA (Bixby OkoHoMt) Community Activities (Include offices held and committee service): Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly_ Monthly_ Anytime X B. Morning Noon Afternoon Evening X Anytime Would you like to receive news from the City via e-mail? ;K Yes ❑ No Would you like to attend a City Council Study Session when your ❑ Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed Date /0-X6-10 ** 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. Agenda: December 6, 2010 Staff: John Richbourg, Finance Director SUBJECT Revenue and Expense Summaries for July 2010 — September 2010 EXECUTIVE SUMMARY During the first quarter of the 2010 — 2011 year, revenues of funds that are supported by the General Fund exceeded their YTD projected revenues by $139,651. Total personnel costs of these funds during this quarter were 27.30% of the adopted budget. Last year the City had spent 27.38% of the adopted budget during the first quarter. Total operating expenses of these funds during this quarter amounted to 27.60% of the adopted budget compared to 27.54% of the actual total operating expenses for the first quarter of last year. Based on the first quarter's performance, it appears that the City is currently providing enough revenue to end the year with sufficient revenue to cover this year's operating needs. BACKGROUND/DISCUSSION Please find attached the Revenue and Expense Summaries for the first quarter of the current fiscal year. Each report reflects the activity of the General, Airport, Parks & 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 overruns in the Golf Fund will be covered by the Parks / Storm Water Sales Tax. 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 September Revenue Summary. Franchise tax received from Ameren, which makes up about 80% of the total YTD franchise tax revenue, increased 18.91 % during the first quarter of the year when compared to the same time frame last year and was approximately $152,000 or 19.2% ahead of the pace required to meet full year projected revenues. Franchise tax from electric sales were running $158,500 or 23.0% above the pace required to meet projected revenues for the entire year while franchise tax from natural gas sales were running $6,500 or 6.3% below the pace to meet projected revenues for the entire year. The first quarter's revenue from electric sales was impacted by an 11 % rate increase not anticipated in the adopted budget and an extremely hot summer. The first quarter sales tax revenue shows a $6,203.94 favorable variance. This year's first quarter's sales tax receipts were $15,605:80 or .73%more than the first quarter of last year. The 10-11 budget projected sales tax revenue to be .44% greater than the previous year's actual sales tax revenue. If this year's first quarter's trend were to continue for the remainder of the year there would be an approximate $25,000 favorable variance in sales tax revenue by the end of the year. Sales tax revenue must only grow .34% over the previous year for the remainder of the year for sales tax revenue to meet the budget projections. License and permit revenue had at $33,659.79 negative variance to the YTD budget. This resulted mainly from building permit revenues being $29,651.50 or 78.0% less during the first quarter of this year compared to the first quarter of last year. Three significant commercial building permits issued during the first quarter of last year accounted for all of this difference. This year's first quarter municipal court revenue is $36,238.28 or 16.17% below its YTD budget. The first quarter's revenue was $39,815.28 or 17.48% less than the previous year's first quarter. The number of traffic cases handled by the court was 15. 5% less this quarter compared to the same quarter last year. Total airport revenue shows a favorable variance of $19,768.99. Positive results from the Airport's FBO accounted for all of this variance. Total golf course revenue shows a favorable variance of $19,825.78. Positive results from the operation of the new course accounted for almost all of this variance. 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 page 5 give explanations for expenditures that seem excessively high when compared to the adopted budget. ATTACHMENTS • Revenue and Expense Summary of Funds Supported by the General Fund CITY OF CAPE GIRARDEAU- REVENUE SUMMARY OF FUNDS SUPPORTED BY GENERAL SEPTEMBER 30, 2010 GENERAL.P PROPERTY TAXES FRANCHISE TAXES SALES TAX OTHER TAXES TOTAL TAXES GENERAL BUSINESS LICENSES OTHER LICENSES & PERMITS TOTAL LICENSES & PERMITS TOTAL INTERGOVERNMENTAL TOTAL CHARGES FOR SERVICES TOTAL FINES & FORFEITURES INTEREST INCOME OTHER MISCELLANEOUS (EXCLUDES DONATIONS) TOTAL MISCELLANEOUS TOTAL OTHER FINANCING SOURCES 'f(YlAL C6HBAAL rtrti0 xTAmR^ at TOTAL NET MARGIN ON FED SALES TOTAL NET REVENUE (COST) OF AIR SHOW TOTAL INTERGOVERNMENTAL TOTAL OTHER AIRPORT REVENUE 1CTTAL AlA RT RMU REVENUE REVENUE SUMMARY SEPTEMBER 30, 2010 PRge 1 FAVORABLE LAST YEAR'S LAST YEAR'S LAST YEAR'S THIS YEAR'S THIS YEAR'S THIS YEAR'S THISYEAR'S (UNFAVORABLE) ANNUAL REVENUE YTD REVENUE YTD/ANNUAL BUDGET YTD REVENUE YTDIBUDGET YTD BUDGET VARIANCE 1,646,467.07 17,832.13 1.08% 1,655,231.00 25,263.13 1.53% 16,504.58 (1) 8,758.55 3,838,121.527 ?,027,069.00 26.76% 3,826,397.00 1,207,385.17 31-54% 1,033,384.0 12) 174,001.17 8,727,776.03 2,131,692.41 24.42% 8,766,270-00 2,147,296-21 24.50% 2,141.094.27 6,203.94 156,517.64 40,823.28 26.081 163,000.00 43,896.24 26.93% 42,514.02 1,382.22 14,366,862.32 3,217,416.82 22.39% 14,412,898.00 3,423,842.75 23.761 3,233,48687 190,345.88 1,156,242.95 3,846.19 0.331 1,161,000.00 2,401.46 0.21% 3,864.01 (1,462.55) 217,669.19 60,795.70 27.93% 218,700-00 27,423.83 12-54% 61,083.61 (33,659.78) 1,373,912.14 64,643.88 4.71% 1,379,700.00 29,825.29 2.10 64,947.62 (35,122.33) 894,518.16 72,995.52 8.16% 590,465-00 76,001.03 12.871 76,00t03 (3) 0.00 1,415,241.81 379,937.37 26.85% 1,391,696.00 354,045.41 25.441 373,81824 119,570.83) 846,295.54 227,685.45 26.90% 833,000.00 187,870.17 22.55% 224,10845 (36,238.28) 136,338.30 34,419.22 25.25% 103,497.00 29,859.13 20.85% 26,12829 3,730.84 301,013.99 84.811.42 28.18% 306,597.00 86,026.88 28.064 86.364 45 (357.57) 437,352.29 119,230.64 27.26% 410,094.00 115,886.01 28.26% 112,512.74 3,373.27 41,241.84 0.00 0.00% 73,652.00 0.00 0.00% 0.00 141 0.00 19,311,444.10 4,081,90968 21.07% 19,091,505.00 4,187,470.66 21.93% 4,08468295 102,787.71 310,117.76 82,554.96 26.62% 308,000.00 103,942.57 33.75% 81,991.20 21,951.37 10,435.02 0.00 0.00% 0.00 1,079.86 NIA 0.00 1,079.86 228,527.34 41,750.00 18.271k 276,980.00 41,750.00 15.07% 41.750.00 (3) 0.00 281,875-37 49,267.63 24.40% 221,656.00 52,151.76 23.53% 55,414.00 (5) 13,262.24) 750,956.29 173,572.59 23.11% 806,636.00 198,924.19 24.66% 179,155.20 19,768.99 REVENUE SUMMARY SEPTEMBER 30, 2010 PRge 1 CIN OF CAPE GIRARDEAU -REVENUE SUMMARY OF FUNDS SUPPORTED BY GENERAL SEPTEMBER 30, 2010 REVENUE SUMMARY SEPTEMBER 30, 2010 Page 2 FAVORABLE LASTYEAR'S LAST YEAR'S LAST YEAR'S THIS YEAR'S THISYEAR'S THIS YEAR'S THIS YEAR'S (UNFAVORABLE) ANNUAL REVENUE YTD REVENUE YTD/ANNUAL BUDGET YTD REVENUE YTD/BUDGET YTD BUDGET VARIANCE peeKe 6 evCpv*TI(]N ET D CENTRAL POOL CHARGES 124,958.04 18,514.70 14.821 107,900.00 2,131.40 1.98% 600 (6) 2,131.40 CAPAHA POOL CHARGES 25,003.50 11,663.70 46.65% 18,512.00 10,047.19 54.27% 8,63553 1,411.66 RECREATION CHARGES 224,135.48 49,872.25 22.25% 233,900.00 42,606.53 18.228 52,044.95 (9,439.42) ARENA BUILDING CHARGES 63,839.74 11,809.00 16.50% 61,000.00 9,614.00 15.761 11,283.71 (11669.71) OSAGE BUILDING CHARGES 136,243.36 22,006.70 16.15% 157,500.00 26,241.11 16.66% 25,440.18 000.93 TOTAL USER CHARGES 514,180.12 113,666.35 19.63% 578,812.00 90,640.23 15.66% 97,404.37 (6,764.14) TOTAL OTHER PARK& RECREATION REVENUE 28,832.56 5,504.82 19.09% 24,640.00 9,148.25 37.13% 4.704.36 4,443.89 TOTAE PAN% i RaCNEATION FUND N6N)n,.t'JE 603,012.68 119,371.17 19.80% 603,452.00 99,788.46 16.54% 102,108.73 (2,320.251 TOTAL USER CHARGES 99,153.90 0.00 0.00% 486,900.00 205,011.31 42.111 185,921.60 (7) 19,089.11 TOTALOTHER PARK& RECREATION REVENUE 11.569.21 1,260.95 10.90% 11500.00 999.56 59.97% 153.49 736.07 TOT.*. CRL6 COOABB emm Ncvem>E 110,723.11 1,260.95 1.14% 488,400.00 205,910.07 42.16% 166,0115.09 19,825.78 Ds TOTAL USER CHARGES 150,105.13 39,155.00 24.77% 1761185.00 40,539.95 22.15% 44,127.90 (3,587.95) TOTAL OTHER PARK& RECREATION REVENUE 2,583.50 1,097.93 42.43% 8,100.00 6,614.21 61.66% 3,437.00 3,177.21 TOTAL BOFTNALL CCMNI.BK FUND NFYBMI& 160,692.63 40,253.01 25.05% 186,285.00 47,154.16 25.311 47,564.90 (410.741 TOTN, NEVENVE III %[RIDS SUYPONTAO BY GiNrvdAL FUNK NNp8NQN9 21,002,828.81 4,416,367.40 21.031 21,176,278.00 4,739,248.36 22.38% 4,599,59687 139,651.49 (1) VARIANCE INCLUDES YTD POSITIVE VARIANCE FOR DELINQUENT TAXES ONLY. (2) YTD BUDGET ADJUSTS FOR PRIOR YEAR TELECOMMUNICATION TAX AND GAS PND ELECTRIC RATE CHANGES. (3) YTD BUDGET CALCULATED AT THIS YEAR'S YTD ACTUAL. ALL REVENUE STILL EXPECTED TO BE COLLECTED. (4) YTD BUDGET CALCULATED AT 0% Or THIS YEAR'S BUDGET. NO REVENUE WAS PROJECTED DURING IST QUARTER. (5) YTD BUDGET CALCULATED AT 25% OF THIS YEAR'S BUDGET REVENUE SHOULD BE RECEIVED EVENLY THROUGHOUT THE YEAR. (6) CENTRAL POOL WAS ASSUMED TO BE CLOSED FROM JULY 1 THROUGH SEPTEMBER W IN FYE 6-30-11 BUDGET. (7) BASED ON ACTUAL REVENUES IN FISCAL YEAR ENDING JUNE 30, 2008. REVENUE SUMMARY SEPTEMBER 30, 2010 Page 2 CITYOF CAFE GIRPRDEAU- EXPENSE SUMMRY OE LANDS SUPPORTED BY GENERI FUND E%ENSES-5EPTEMSER W. X10 105,778.07 24,435.82 761.24 391.24 PERSONNEL CONTRACTUAL SUPPLIES Z. GENERAL TOTAL DEBT SERVICES SERVICES MATERIALS OPERATING OPERATING GENERALFUNO fi B 9,711.00 37,900.00 3,980.00 6200.00 57,791.00 CITY COUNCIL 2,427.54 9,019.48 688.51 1,859.45 13,974.98 388,450.00 93,679.69 24.12% 2s.00% 23.60% 16.80% 29.93% 24.16% - 291,111.00 10,504.00 1380.00 10,505.00 313,500.00 CITY MANAGER'S OFFICE 73.940.60 2,533.55 13804 1.84063 78,452]9 000% 2540% 24.12% 10.00% 17.52% 25.02% 58,303.00 7,32300 74000 2,725.00 69.091.00 PUBLIC INFORMATION OFFICE 14,962,74 1,099.39 - 2,088.25 16,150.38 19,60900 4,334.09 2211% 25.66% 15.01% 000% 7663% 26.27% 1,009.524.00 264,675.65 26.22% 224,723.00 11,259.00 19,400.00 3,900.00 259,282.00 CITY ATTORNEY 48409.12 11,150.11 4.558.73 61114 64729.10 105,778.07 24,435.82 761.24 391.24 --RDEPARTMENTAL SERVICE - 000% 64,317.13 5291% SEE NOTES ON PAGE 5 SPECIAL CAPITAL DEBT TOTAL. '' TOTAL PROJECTS OUTLAY SERVICE IXPENSES a VIBES fi B - - - 57 791.00 _ 76:767.89 2,878.95 4297% - - - 1397093 : 75'11C,72E 5 388,450.00 93,679.69 24.12% 000% 0-00% 0.00% 2418% _. =1969% - - - 31360000= 299086A]` 'ECTION 384,836.00 100596.20 26.14% 7346279 _ 7921.69. 8.690.00 1.573.65 18.11% 000% 000% 000% 2502% - - 0.00% 468,781.00 118,863.27 25.36% - 11.0000 - 8009100 �f';ry 60.646-34: - - - 18,1 38 `il i gL1,4.8�P.65 74,856.00 19,345.61 2584% --RDEPARTMENTAL SERVICE - 000% 64,317.13 5291% 7,335.13 6492% 19,676.97 843x% 91,32923 (93,94529= 5848%. ::5060%: 350.00 509% - 0.00% - 0.00% 91,679.23 53.14% fi B NNING SERVICES 34,656.00 00,747.38 2343% 29.213.00 5,47]48 1875% 5,181.006,700.00 393.59 760% 2,878.95 4297% 38575000.2.98959'. 69,49]38 1:99.89813 2320% _ --'27:52% 2700.00 4,162.33 154.90% - 0.00% - - 000% 388,450.00 93,679.69 24.12% (9) 'ECTION 384,836.00 100596.20 26.14% 72.60500 16,004.64 22.04% 8.690.00 1.573.65 18.11% 2.650.00 688,78 25.99% 468,78100 ,39328951` 118,86327 ,103,693 H2 2536% 2837% - - 000% - - DDD% - - 0.00% 468,781.00 118,863.27 25.36% )NEERING 906,00900 239,571.51 2644% 74,856.00 19,345.61 2584% 19,60900 4,334.09 2211% 9,050.00 1,417.64 1566% 1,009,52400 948,11552 264,67565 i ?..257,29048.' 2622% "- 2714% - - 0.00% - - 0.00% - - 0.00% 1,009.524.00 264,675.65 26.22% y .•r ^ AMUNITY DEVELOPMENT - -- 000% - 000% - - 000% 2,500.00 - 000% 2.50000 <P:250000t <'<2,50000 000%%10000%- 15,000X0 70,024.34 46683% - - 0.00% - - 0.00% 17,500.00 70,024.34 400.14% 0 )NOMIC DEVELOPMENT - - 0.00% - - 00056 - - 0.00% -90,383.00 - 0.00% � 0.00%..,. .0.00% 39,268.30 43.45% - - 0.00% - - 0.00% 90,38300 39268.36 43.45% IuvDo10 EXPENSE SU:NN31Y SEPTEMBER 1010 P"1 CRY OF CPPE GIRARDEU - EXPENSE SUMA Y OF FUNDS 5UPnRTM By GENENL FUND WENDE5 - SEP IMBER W, 2%0 123,1389A 1 PERSONNEL CONTRACTUAL SUPPLIES & GENERAL TOTAL SERVICES SERVICES MATERIALS OPERATING OPERATING SEE NOTES ON PAGE 5 SPECVC CAPITAL DEBT TOTAL PROJECTS OUTLAY SERVICE EXPENSES 1,324,M4�438S 123,1389A 1 92,688M 1,28785 I.542.499M gq.6mol - - 810485 18 26 29.50% 73% 2238% 2667% " �k, 40.M% 0,00% 0.1�0% 27.21% 0.00% 24..% 4,732,194.00 239.666.00 180,430.00 7.375.00 5.159.665.00 14- 8.000,00 - 1,364,072.00 5,167665001202684.M 70,376.78 62,630.44 3,678.17 1,339,572.23 42i20- 8,613269 1,631.00 20.544.39 1,349.865.92 25.41% 29.37% 3471% 52 25,96% 5 108.28% WA om% 2612% 7474:5 0,00% 000% 31.14% 114) 229 8�,11 30,280,00 4,310.00 18,12800 250595 00 �Lz , 143,532.00 28 695.W "-262 5940�i 67 8,94].50 11914.22 838539 78,48738 K 189,118m 7 487 .78 5A., 2, 7, 29.55% 4441% 51,99% 2797% 0.00% am% 0,00% 27.97% 7— -1 19.34% 1541% 0.00% 11 31 0,00% 0.00% M�O% .---0.00% 265.807602 1 f 1 ,341,15 128501.44M 1.44 75& �- n�71296291' - - 810485 18 - , -719ZIWM� 2]08% 1905% 31.66% 12,85% 2640% ���12% 0.00% 0.09% 0.00% 24..% 987.00 220.39200 136326.00 33,36T00 1,364,072.00 1,3640]200^11332'84B>28, 277.868.74 74,901.36 41,396.78 20.544.39 424.711.27 424,711.27 2859% 3399% 29.93% 91.54% 3114% 0,00% 000% 31.14% 114) 143,532.00 M 9,816 15,770.00 - 189.11800 -18AW.63" - 189,118m 41 3168 5.756 80 2.430.60 49.721�017 - 49,72917 2694% 19.34% 1541% 0.00% 26 0,00% 0.00% M�O% .---0.00% 137,5W.UO 14,795.00 42,929.00 250.00 195.474.00 19547400 00 F- 36,9 3,23178 13,834 50. 54,05848 5 lVVNIo EXPENSE SUhTMRY SEPTENbER P1110 P° 2 CITY OF CAPE GIRARDEAU- EXPENSE SW-A'ARY OF FONDS SUPPORTED By GENEM FUND EXPENSES - SEPTEMBER 04 IDID PERSONNEL CONTRACTUAL SUPPLIES& GENERAL TOTAL SERVICES SERVICE5 MATERIALS OPERATING OPERATIN�i TRANSFERS OUT SEE NOTES ON PAGE 5 SPECIAL CAPITAL DEBT TOTAL :'r TOJAL PROJECTS OUTLAY SERVICE EXPENSES�4EXPENSES 27,894.29- 2]89429`. 4 84,603.84 0.00% 0.00% 0.00% 000%0.00%,!, OOtl%'' 0.00% 179963% 0.00% 179963% Y' . 23.90% 5 15,100,122.00 2,066,945.00 1499200.00 165,625,00 18,85189200 ,16,28083 03'I 89,426.00 22,000.00 168,84].00 1952016500 "rv."d p19610'485H1,' 3,948,189.24 566,216.54 455,89140 ]],834.40 5,05011158 ,x;;4,971360561 332,121.73 29,525.29 - 5,411,]58.80 ,^4'T=�,467,391;7Q AIRPORT FUND - 467,06000 282.57500 93,952.00 12,625.00 86631600 AIRPORT (EXCLU DI NG COST OF AIR SHOW)132,616.45 57,615.68 26,88168 2,912.03 22002582 28.39% 20.38% 2861% 2307% 2569% 226,147.00 71,050.00 28,775.00 8,200.00 33417200 AIRPORT FED OPERATIONS EXCLUDING COST OF SALE& 56.884.79 18.725M 10,545.10 1,579.37 87.734 29 >,,.•.... 25.1556 26.35% 36.65% 1926% 2825%J - 693,207.00 353,]29.00 122,722100 20,825.00 1,190,488.00 1{' TOTAL AIRPORT FUN D 169.501.24 76,340.71 37426.76 4,491.40 307760.11 27.34% 21.58% 30.60% 2157% 25.85%{ PARKS AND RECREATION FUND 145,235-00 17,83800 54,985.00 766.00 21882400 ARENA BUILDING 36,13644 3,03439 16,214.52 - 55,385.35 24.88% 1701% 2949% 000% 25.31% 246.613.00 31,670.00 111,369.00 1,400.00 391,13200.. , GSAGEPARKSUILDING 1 63,520.45 8,769.07 35,548.33 270.00 108,107.85 2576% 27,69% 31.92% 18.24% 2764% 120,960.00 11,645.00 40,300.00 1,620.00 174 725,W 5 SNAWNEEE PARK BUILDING - - 2,334,60 - 233460 - 150.55 14.89 220.040.71 0.12% 25.269 334,172.00 87,734.29 0.00% 26.25% 99.00 1,205,437.00 14.89 307,775.00 108,107.85 27.64% 1]4,725.00 2.334.60 121}2010 EXPENSE SUAPMRY SEPTEMBER MID Poo.3 CRY OF CAPE GIRARDEAU-EXPENSE SUM%RY OF FUNDS SUPPORTED BY GENERAL FUND EXPENSES -SEFTe ER 30, 2010 GOLF COURSE FUND PERSONNEL CONTRACTUAL SUPPLIES& GENERAL TOTAL - - SERVICES SERVICES MATERIALS OPERATING OPERATING 3644% "°3316% 12400.00 2,541.00 20,025.00 200.00 85,46800 �AHAPOOL 39,653.63 289.99 4,170.32 - 44,113.94 43,219,57 fi3.55% 10.21% 2083% 0.00% 51.62% - -58,07.46 256,787.00 14,236.00 53,45000 100.00 324,573.00 IS SPLASH 224,046]0 1,672.09 28,825.92 472660 259,271.31 87.25% 11.75% 53.93% 4726.60% 79.88% 3fi5,906.00 471,963.00 11,951.00 9,835.00 9,050.00 502,799.00 :REATION 128,276.30 2,998.34 2,185.96 2,220.09 135,68069 191.37338 ,+12]415.78 27.18% 25.09% 22.23% 24.53% 26.99% NICIPAL BAND - 22:111, 0 9)60.00 11011 - - 9,76000 O.OG o 43.06% 0.00% 0.00% 41.59% 1,485,w 00 129,247.00 418,793.00 14,96600 2,048.893.00 FAL PARIS AND RECREATION FUND 519.423.99 29,922.31 103,983.03 7.37724 660,706.57 GOLF COURSE FUND 9,760.00 28,797.70 88,166.07 SEE NOTES ON PAGE 5 SPECIAL CAPITAL DEBT TOTAL PROJECTS OUTLAY SERVICE EXPENSES R E 5- -85466DO - - 13947450 i1e 1tl57QT.76I 3463% 3547% M,466 DOIv„_Y '7„x,82156.! 6878% 3644% "°3316% 44 11394 6,¢j$2a: 000% 000% 0.00% 0.00% 0.00% 5182% _ �812i56 12.52900 2,000.00 - - 32657300-=-Z0659SS1,. 141.44300 - ,87,69774:. - - 25927131 15114300 a .B&'739Sd: 9,760.00 28,797.70 88,166.07 20,201.4 30,900.66 206.33 139,47450 1057Q7i9. - - - 13947450 i1e 1tl57QT.76I 3463% 3547% 4269% 6878% 3644% "°3316% 000% 000% 000% 3321% 2120% 112,]]400 12.52900 ].60000 8.540.00 141.44300 - ,87,69774:. 9.700.00 - - 15114300 a .B&'739Sd: 43,219,57 3,826.29 1,298.67 3.554.35 51,89568 --21;707:99 6,638.58 - -58,07.46 3832% 3056% 1709% 4162% 38 fig% '"2676% 6644% 000% 00 0% 3873% -•24.83% 6.96% 3281% 16.117,15700 2,878,042.00 2,209,221.00 233,121.00 2$237,541.00 3fi5,906.00 69,484.00 79,977.00 8,86000 524,20700 498441.90'. 9,700.00 - 37,267.00 5]11]600 52819Sy1'7- 131,365.64 24,027.73 32,199.33 3,760.68 191.37338 ,+12]415.78 6.638.56 - - 19801198 -, 7271416F2$': SOFTBALL COMPLEX FUND 472,035.00 58,637.00 86,524.00 2,865.00 622,06100 SOFTBALL COMPLEX 156.956.08 13,084.21 33.671.23 199.28 204,11060 33.25% 22.31% 3826% 6.98% 32.81% 472,035.00 58.637.00 88524.00 2,865.00 622,061.00 TOTAL SOFTBALL COM PL EX FUND 158,956.08 13,081.21 33,871.23 199.28 204,110.1L9 3325% 22.31% 3826% 6.96% 3281% 16.117,15700 2,878,042.00 2,209,221.00 233,121.00 2$237,541.00 TOTALALL FUNDS SUPPORTED BY GENERAL FUN, REVENUES 4,945,436.19 711,591.50 663,371]5 93,663.00 6,414,082.44 F 17,908.00 ] 3.572 40 24.29 371,130.41 29,525.29 39.18 8,814,757.32 IIWZIo E ENSE SUVA y SEPTE2/BEN 2010 PW4 CT' OF CAPE GIRARDEAU - EXPENSE SUMMPRY OF LANDS SUPPORTED BY GENERAL FUND EXPENSES- SEPTEMBER T0, 2010 SEE NOTES ON PAGE 5 PERSONNEL CONTRACTUAL SUPPLIES& GENERAL TOTAL ;TOTAL - SPECIAL CAPITAL DEBT TOTAL TOTAL " SERVICES SERVICES MATERIALS OPERATING OPERATINGOPERATING PROJECTS OUTLAY SERVICE EXPENSES i; EXP HIS NOTES: (1) SHADED AREAS REPRESENT EXPENSES FROM FISCAL YEAR ENDING JUNE 30, 2010. TOP NUMBER IS LAST YEARS' ACTUAL. SECOND NUMBER IS ACTIVITY FROM JULY 1, 2009 TO SEPTEMBER 30, 2009. PERCENTAGE IS PERCENTAGE OF LAST YEARS' EXPENSES SPENT THROUGH SEPTEMBER 30, 2009. (2) UNSHADED AREAS REPRESENT EXPENSES FROM FISCAL YEAR ENDING JUNE 30, 2011. TOP NUMBER IS CURRENT YEARS' ORIGINAL UNADJUSTED BUDGET. SECOND NUMBER IS ACTIVITY FROM JULY 1, 2010 TO SEPTEMBER 30,201D. PERCENTAGE IS PERCENTAGE OF THIS YEARS' BUDGET SPENT. (3) EXPENDITURES INCLUDE AMOUNTS AS THEY ARE ENCUMBERED TO BE SPENT AND NOT ACTUAL CASH EXPENDITURES. (4) INCLUDES $7,500 IN CONTRACT LABOR TO COVER FOR VACANCY IN THE ASSISTANT CITY ATTORNEY POSITION. (5) INCLUDES ANNUAL CONTRACTS FOR THE REGIONAL EMPLOYEE ASSISTANCE PROGRAM ($5,400) AND TPA FOR CITY'S SECTION 125 PLAN ($3,960). (6) INCLUDES ANNUAL CONTRACTS FOR THE CITY AUDIT ($30,500) AND COPY MACHINE RENTAL $(17,708). (7) ANNUAL SUPPLY OF COPY MACHINE PAPER COSTING $5,377 ORDERED AT BEGINNING OF YEAR. (6) INCLUDES ANNUAL DUES TO SEMO REGIONAL PLANNING 4518,226). (9) INCLUDES UNBUDGETEO EXPENSES TOTALING $4,118 THAT WILL BE REIMBURSED BY A HISTORIC PRESERVATION GRANT. (10) INCLUDES LEGAL, ELECTION, AND OTHER COSTS ASSOCIATED WITH RIVERBOAT GAMING TOTALING $69,615. CITY RECEIVED $150,D00 DONATION TO COVER THESE COSTS. (11) INCLUDES ANNUAL CONTRACT WITH CAPE COUNTY TRANSIT TOTAUNG $110,000. (12) INCLUDES UNBUDGETEO EXPENSES TOTALING $4,118 THAT WILL BE REIMBURSED GRANTS. (13) INCLUDES $7,200 ANNUAL CONTRACT FOR LEGAL REPRESENTATION OF THE INDINGENT. (14) INCLUDES $29,591 ANNUAL PAYMENTTO THE CAPAHA FIELD IMPROVEMENT COMMITTEE. (15) INCLUDES TRANSFER OF $26,112 PROCEEDS FROM THE CITY AUCTION TO THE EQUIPMENT REPLACEMENT FUND. ivnat0 EXPENSE SUMMARY SEPTEMBER 1010 Papa 5 BOARD OF EXAMINERS MINUTES City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63702-0617 October 6. 2010 To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Ladies and Gentlemen: The Board of Examiners meeting was called to order on Wednesday, October 6, 2010, at 6:57 p.m. The minutes of the September 1, 2010 meeting were approved. Review of Examination Applicants The Board reviewed the qualifications of the following applicants for examination for master electrician license. 1. Robert Benson Master Electrician APPROVED (Reciprocated) George Reutzel made a motion to approve the application of Robert Benson to be reciprocated for his Master Electrician's license. Stan Wicks seconded the motion. The motion passed 6-0 in favor. BOARD OF EXAMINERS MINUTES October 6, 2010 Page 2 Adjournment Marcus Wicks made a motion to adjourn the meeting; Stan Wicks seconded the motion. The motion passed 6-0 in favor. The meeting adjourned at 7:02 p.m. The next regularly scheduled meeting of the Board of Examiners is November 3, 2010 Respectfully Submitted, Dan Stitz Secretary Present: Tim Pinkley, Dennis Coomer, Marcus Wicks, Dan Stitz, Stan Wicks and George Reutzel Absent: Staff: Tim Morgan and Dianna Barnes (DRAFT) CITY OF CAPE GIRARDEAU TREE ADVISORY BOARD MEETING October 18, 2010 The City of Cape Girardeau Tree Advisory Board held their regular scheduled meeting on October 18, 2010, 12 noon at the Osage Community Centre. Present: Kevin Govero, Board Member Robert Harris, Board Member Daniel Grimm, Board Member Absent: MINUTES Dan Muser, Parks & Recr. Director/Member Tim Gramling, Public Works Director/Member Staff Present: Marcia Stone, Recording Secretary Chairman Kevin Govero requested approval of the August 9, 2010 minutes. Tim Gramling made a motion, seconded by Robert Harris to approve the minutes as presented. Motion passed. NEW BUSINESS A. Casino The Board discussed their potential tree involvement in the Broadway improvements if the casino is approved for Cape Girardeau. Big Bend Road TTF project survey work has begun north of the bridge and will continue work on the south area once the casino is decided. The Missouri Gaming Commission should decide on the site of the new gambling casino late November or December. B. Tree City USA Dan Muser reported that his staff has started collecting the information for the Tree City USA application. OLD BUSINESS A. Common Pleas Court House Dan Moser reported that the tree overlooking the fountain at the Common Pleas Court House has been pruned and trimmed. This tree along with all the other trees in the city may have potential signs of stress over the next few years because of the drought that we had this summer. B. Tree Evaluations Since the TTF4 was passed by the voters successfully, the members may be involved in the second phase of the Bloomfield Road improvements if the trail is included. Discussion followed on future trails that could be linked to make a perimeter access to highlight areas of the city. The construction is in progress now extending the trail from Osage Park to the County Park with some dedicated trails and sidewalks. Riverfront Park is being extended to Slone Creek and to the Red Star River Access. Future conception plans link Shawnee Park to the River Campus using sidewalks and existing streets. Big Bend Road could also be connected in the future with the proposed construction of sidewalks. OTHER BUSINESS Dan Maser reported on the Parks and Recreation/Storm Water Projects. The Shawnee Park Center is currently under construction and projected completion for January 2011. The new soccer concession has been in operation for the past three weeks at Shawnee Park Sports Complex and the softball concession will be completed soon and open for operation next spring. The Osage Community Centre renovation is completed and the ribbon cutting ceremony is being planned for November. Tree Advisory Board Meeting October 18, 2010 Page 2 Arena Athletic Fields are being renovated in-house. The staff will be working on constructing a three field complex on East Rodney and eliminate the youth fields that are too close to the road. The new bubble was installed last week at Central Municipal Pool and everything is operational. The bathhouse renovation will wait until next spring. The Jaycee Municipal Golf Course new greens held up extremely well over the hot summer. We did not Tose any greens like several of our neighboring courses. We had a problem with the lip area of some of the greens but should resolve the problem by changing the mowing height. The staff expects an increase in membership this next year since the course will be open with permanent greens all year. Cape Splash Family Aquatic Center has had very positive feedback and a very successful first season with a net income of $320,000.00. Chairman Kevin Govero gave kudos to Dan Moser and his staff for providing a wonderful facility for the community and great economic impact to the city. Dan Moser invited the members to participate in the Parks and Recreation Foundation Spaghetti Day November 17, 2010 from I I a.m. — 7 p.m. There being no fiirlher business, the meeting was adjourned . The next board meeting will be held on Monday, December 13, 2010, 12 noon at the Osage Community Centre. Respectfully submitted, Marcia Stone, Recording Secretary DRAFT CAPAHA FIELD IMPROVEMENT COMMITTEE MONDAY, OCTOBER 25, 2010 The Capaha Field Improvement Committee met for their regular meeting on October 25, 2010 at 12 noon at the Osage Center. Present were: Jess Bolen, Chairman John Yallaly, Vice -Chairman Mary Bolen, Secretary Jeff Unterreiner, Treasurer Don Hopper, Committee Member Roger Hudson, Committee Member Robin Minuet, Committee Member Wallace Barrows, Committee Member Mark Hogan, Committee Member Mike Conrad, Committee Member Absent: Staff: Dan Muser, Director of Parks & Recr. Guest: Steve Basler Marcia Stone, Recording Secretary Steve Basler, the new Field Maintenance Worker, was introduced to the committee members. APPROVAL OF MINUTES The meeting was opened with a motion from Mike Conrad and second from Mary Bolen to approve the minutes as presented. Motion passed. FINANCIAL REPORT Jeff Unterreiner distributed the October Financial Reports. Wallace Barrows made a motion, seconded by John Yallaly to accept the financial reports as distributed. Motion passed. OLD BUSINESS A. Field Maintenance Jess Bolen will have Steve Basler's contract at the next meeting. Jess will coordinate the arrangements of aerating the field with Parks Division Manager Brock Davis. The new doors are up but it did not include metal casing. Jess asked Edgewater Glass to install the metal casing. He added that they could replace the doors behind home plate for $4,590.00. The members inquired on the need to replace the mule. Jess reported that the mule was repaired for $400. John Yallaly made the motion, seconded by Roger Hudson to purchase the three sets of doors assuming the price was correct. Motion passed Capaha Field Improvement Committee October 25, 2010 Page 2 Mark Hogan reported that they would have their last practice this Friday and it would be a good tine to over -seed the field after that date. Their first game will be February 22, 2011. B. Spaghetti Day Marcia Stone distributed the volunteer list for Spaghetti Day and encouraged the members to increase their sponsors this year. The next meeting will be held on Monday, December 6, 2010. There being no further business, the meeting was adjourned with a motion from Mike Conrad and second from Mary Bolen. Motion passed Respectfully submitted, Marcia Stone Recording Secretary CAPE GIRARDEAU PUBLIC LIBRARY BOARD OF TRUSTEES Meeting: Thursday, October 28, 2010 @ 7 am Cape Girardeau Public Library, 711 N. Clark ATTENDANCE The Cape Girardeau Public Library Board of Trustees met Thursday, August 26, 2010. Present: Stan Irwin, Joan Slaughter, Eric Bold, Fran Austin, Sheryl Smith, Ed Thompson, Kevin Greaser. Also present: Director Betty Martin, Linda Bailiff. Absent: Angel Hillman, Jeff Long President Stan Irwin called the meeting to order at 7:00 am. MINUTES The September minutes were reviewed. Upon a motion by Eric and seconded by Ed, the September minutes were approved. BILLS The bills were presented for approval. Upon a motion by Sheryl and seconded by Joan, the bills were approved for payment. PRESIDENT'S REPORT President Stan Irwin had nothing to report and deferred to Director Martin. DIRECTOR'S Director Martin distributed the revised Library Staff Personnel Manual. REPORT BETTY MARTIN MLA Conference: Martin attended the conference October 6-8 at the Lake of the Ozarks. Opening speaker Marilyn Johnson wrote a book called: This Book is Overdue! I -!ow Librarians and Cybrarians Can Save Us All. After doing research for this book she has become a strong advocate for libraries. The MLNC breakfast speaker Shirley Baker from Wash U talked about librarians being world-class collaborators and that public libraries are the gateways to worldwide collections. OCLC Worldcat now holds 195 million titles and their locations. Another reason she thinks libraries will remain relevant is that only 18% of the current book titles are in the public domain. Other programs attended: Leadership in the Library, Marketing, How to be a Change Agent, Chalk Talk by Ed Emberley, Google Forms, MLA Business meeting and Public Library Division Business Meeting, of which Betty is the Vice -Chairman. The President of the ALA spoke at the awards banquet and said that we need to promote the idea of "the library as the heart and mind of the community. We are user focused and service rich." Facebook Account: Encourage you and your friends to "fan" us. With 100 "fans" we can get our own address. We receive a weekly "fan" report. Out -of -District, City of Cape Retirees/Free Library Card: The Board discussed and decided that any retired City employee that has at least 10 years' service will receive a complimentary library card if living outside the District boundaries. This is for the retired employee only — not their family. Kevin made a motion to approve the decision, Stan seconded the motion. Motion passed. Overdrive Update: Overdrive has been available for two weeks. The system works best if downloaded to a home computer and then transferred to a device. The IPad does not support "Flash", therefore is not a device that can be used. There is a download station at the Adult Information desk for demonstrations. The Overdrive grand opening will be November 2°d. The slogan for the day will be "Join the Download Drive — call `em up, load `em down!" New ILS system. Our servers for circulation and catalog have come to end of life. We are currently viewing demos from several vendors to decide whether to upgrade the current system or migrate to a new one. Once we have quotes we plan to ask the Friends to fund the start-up costs. Building & Grounds: Minutes are attached of the meeting with Chad Hartle, a land developer that owns the land on the west side of the library property. The COMMITTEE City Engineering Dept. is investigating what our responsibilities are regarding REPORTS water drainage from the west property line and alternative solutions. Mr. Hartle also asked about the possibility of adding a driveway between his development and the library parking lot. Director Martin expressed concern that such a driveway would increase the traffic flow and cause more problems than already exist with the tight parking area. She is also concerned that the Board not allow construction trucks to park in our lot. This topic was tabled pending City of Cape recommendations. Bylaws & Policies: Eric Bohl spoke with the bond attorney Mark Grimm about the remaining project money. Mark's opinion is that any leftover money must be used for the project, as stated in the ballot language. Eric's opinion is that the language is fairly broad and can be interpreted a number of ways. Kevin Greaser agreed to look over the terms of the bonds and call John Richbourg in the City's finance department to discuss the remaining project money. Public Relations: Betty presented the marketing plan to the Board. The Board supports a marketing plan and invites the Friends Foundation to supply the financing to execute it. Kevin made a motion to approve, seconded by Fran. Motion passed. Stan made a motion to close the regular meeting per RsMo 610.021(3), seconded by Kevin. Closed session began at 7:20am to discuss a personnel issue. At 7:30 Ed made a motion to end the closed session, seconded by Eric. The Friends are planning an annual special fundraising event, but first are determining what the annual fundraising goal should be. This will be based on FRIENDS needs expressed by library staff. The Friends are also looking for staff requests to spend down some of the S 196,000 they currently have in savings. ADJOURNMENT Fran made a motion to adjourn the meeting, seconded by Joan. Vote was unanimous and the meeting adjourned at 7:44 am. 2 NEXT MEETING Thursday, November 18, 2010 (one week early due to Thanksgiving) lam — Cape Public Library Recorder- Linda Bailiff (DRAFT) CITY OF CAPE GIRARDEAU, MISSOURI PARKS AND RECREATION ADVISORY BOARD November 08, 2010 The Parks and Recreation Advisory Board met for their regular meeting 530 p.m. on November 08, 2010 at Osage Centre. Board Members Present: Danny Essner, Chairman Beverly Evans, Vice -Chairman Craig Billmeyer, Secretary Pat Elfrink, Board Member Robert Harris, Jr., Board Member Dana Deisher, Board Member Troy Vaughn, Board Member Bari Neff, Board Member Lee Hillman, Board Member Board Members Absent: Percy Huston, Board Member Staff Scott Williams, Recreation Division Manager Penny Williams, Recreation Division Manager Brock Davis, Park Division Manager Patrick Watson, Aquatic Manager Marcia Stone, Administrative Coordinator Guest: Marcus Janzow, Board Member, Cape Goes Green Advisory Board GUEST: Marcus Janzow, Outdoor Energy Focus Group Marcus Janzow representing the Outdoor Energy Focus Group of Girardeau Goes Green came before the board to get their endorsement to have native grasses and wild flowers along different areas of the hiking/biking trail. He has been working with Director Dan Muser and Bob Gillispie with Missouri Department of Conservation and he reported that they have been very receptive to the idea. Mr. Gillispie indicated that they could have groups that will help maintain the areas. They are aware that from most public perspective the areas might look unkempt, but by starting with a small area and signage describing the native grasses and wild flowers they hope to educate and develop an interest in this area to reduce energy consumption and city environmental impact. The areas will be developed through donations. Several areas considered for the trail sites are: the right side of the trail at Kingsway and Lexington, through Osage Park, between Hopper Road and Arena Golf, area by new park maintenance building in Arena Park and area at Shawnee Park. Dana Deisher made a motion that the Parks and Recreation Advisory Board endorse the concept to plant native grasses and wild flowers along the hiking/biking trail as presented by the Cape Goes Green Advisory Board in cooperation with the Parks and Recreation Department and the Missouri Department of Conservation. Beverly Evans seconded the motion. Motion passed. APPROVAL OF THE MINUTES Chairman Danny Essner requested the approval of the October 11, 2010 minutes. Dana Deisher made a motion; seconded by Bari Neff to approve the minutes as mailed. Motion passed. OLD BUSINESS A. Parks and Recreation/Storm Water Projects Director Moser reported that the new bubble is up at Central Municipal Pool. There has been good feedback on the appearance of the new bubble. The renovation of the bathhouse is scheduled for next spring. Shawnee Park Center is on schedule for substantial completion in January 2011. Parks & Recreation Advisory Board November S, 2010 Page 2 Brock Davis reported that the shelter for Dennis Scivally has been completed and the staff is working on the pad for the barbeque grill and serving wall with electrical outlets. The new playground will be arriving within 30 days. The existing caterpillar will remain as part of the playground setting. The Evening Optimist Club is planning on a dedication ceremony for the shelter. B. Master Plan The board members and staff will continue concentrating on Capaha Park and Capaha Municipal Pool section of the Master Plan over the next couple of months. Director Muser suggested hiring Architect David Markey to work on analyzing the Capaha Municipal Pool from an engineer's perspective for the board and staff. Mr. Markey will have his report at the December meeting. The staff reviewed the past attendance records of Capaha Municipal Pool and reported that a majority of the attendees were from daycares. The staff and board members will continue to develop several plans for this area of the park. Parks Division Manager Brock Davis provided several overview photos of the park for the board members to use to develop their ideas for the park. The board also discussed the need to replace the Municipal Band Shelter in the future. Troy Vaughn reported that the funding for the disc golf from Student Government at the University or the Student Recreation Center should be available at the end of the year. Recreation Division Manager Scott Williams stated that with the relocation of #12, 13 and 14 ball fields at Arena Park opens up a nice rectangle area close to the trail that would be ideal for a skatepark. Reports Troy Vaughn reported that the Cape Youth Tackle Football League had a very successful year and he appreciated the assistance from the Parks and Recreation Department Staff. Scott Williams added that the department sponsorship was recently acknowledged with a plaque and jersey at a recent sponsor recognition ceremony prior to their last game. Scott Williams announced that Recreation Coordinator Heather Davis was promoted to the Shawnee Park Center Manager position effective today. Recreation Division Manager Penny Williams reported that the Taste of Home Cooking School would be this Thursday at the Osage Centre. The Spaghetti Day sponsors are due this Wednesday and board members were encouraged to get their names included on the sponsor signs. There being no further business, Dana Deisher made a motion, seconded by Bari Neff to adjourn. Motion passed. Respectively submitted, Craig Billmeyer Secretary Planning and Zoning Commission City of Cape Girardeau 401 Independence Street Cape Girardeau, Mo. 63703 573-339-6326 MEETING MINUTES November 10, 2010 DRAFT Present: William Hinckley, Trae Bertrand, Scott McClanahan, Charles O. Haubold, Jr., Raymond Buhs, Marcia Ritter, Ralph Maxton, and Thomas J. Welch Absent: Patricia Mothershead Staff Present: Ken Eftink, Martha Brown, Kelly Green, Casey Brunke, and Richard Reinhardt, Jr. Approval of Minutes. The minutes of the October 13, 2010, meeting were unanimously approved upon motion made by Charles Haubold and seconded by Trae Bertrand. Hearings 1. Development Code — Streets and Access Management. Kelly Green gave a presentation on Streets and Access Management for the proposed Development Code. It was added that an Open House would be scheduled and then the City Council will hold a public hearing for the proposed sections. No one was present to speak in favor or opposition of this agenda item. 2. Revision to the Zoning Ordinance in regards to Domestic Servants. Ken Eftink informed the Commission that due to the domestic servant situation on Ashland Hills Drive, the City is recommending that the wording in the ordinance be changed to limit the number of domestic servants. No one was present to speak in favor or opposition of this agenda item. Discussion and Voting on Applications 3. Development Code — Streets and Access Management. Upon motion made by Charles Haubold and seconded by Scott McClanahan, the sections on streets and access management were unanimously recommended for approval. 4. Revision to the Zoning Ordinance in regards to Domestic Servants. Charles Haubold made the motion to recommend approval and the motion was seconded by Trae Bertrand. Bill Hinckley pointed out that the house that caused this revision to be made is grandfathered in and will be a nonconforming use. The motion was approved unanimously. Subdivision Plats 5. Record Plat of Smiths Subdivision. Richard Reinhardt informed the Commission that this is a three lot subdivision located adjacent to Cape LaCroix Creek and east of Walnut and Locust Street. Acceptable plats have been submitted. The Commission was informed that the applicants have requested a variance for the minimum street width on Walnut. The DRAFT minimum street width is sixty (60) feet in an industrial area however the plat only shows fifty (50) feet of right of way for Walnut. Staff's recommendation is for approval with the requested variance. The Commission unanimously recommended Smith's Subdivision for approval with the variance. 6. Record Plat of the Resubdivision of Lot 25 of Lexington Place Second Subdivision. Richard Reinhardt informed the Commission that this is a vacant lot located at 3040 Patriot Drive that the developer is planning to build a duplex on. The plat shows the lot being divided so that it will divide the duplex and the land around the duplex. Acceptable plats have been submitted. A letter requesting a variance was submitted for the setbacks on the common lot line between lots one and two. Staff's recommendation is for approval with the requested variance. The Commission unanimously recommended the Resubdivision of Lot 25 of Lexington Place Second Subdivision for approval with the variance. Record Plat of Thorngate Subdivision. Richard Reinhardt informed the Commission that this is a two lot subdivision located at 1507 Independence Street. Blair Leasing is interested in purchasing the old Thorngate Factory building. Since Tipton's plans to expand in the future, the property is being subdivided with the understanding that Tiptons will purchase the east lot and join that with their property some time in the future. The applicants have submitted a letter requesting a variance to not have a utility easement on the east property line. If the engineering surveyor showed an easement there, then it would need to be vacated in the future when Tiptons joins that lot with their property. Staff has received corrected plats, however is still checking for corrections. Staff recommends approval on the condition that all corrections are made and that the variance is granted. The Commission unanimously recommended Thorngate Subdivision for approval with the variance. Other Items and Communications 8. Discussion on revisions to the Planned Development District. This item came up because of the situation with Good Shepherd Lutheran Church at 1904 West Cape Rock Drive. They used the Planned Development District as a way to get a telecommunication tower on their property. Martha Brown mentioned that the intent of the Planned Development District was to allow for developments where all facets could be handled and that variances could be granted with developments if requested and acceptable. Bill Hinckley stated that the Planned Development district was meant for subdivisions with a mix of housing and shops. It was added that the ordinances from other Cities would be examined to see what they have for telecommunication towers. 9. Staff Time. Ken Eftink informed the Commission that the Proposed County Subdivision Regulations will be going to Jackson's Council meeting next Monday night at 7:30. Ken Eftink mentioned that there would be a Public Hearing at the County Commission meeting on November 30`h for Peripheral Zoning. The City is proceeding with the annexations for Fruitland Livestock Market and Lynwood Baptist Church. Charles Haubold mentioned that the church did not want their property in the County annexed into City Limits anymore. Charles Haubold gave an update on the casino. They have bought fifteen properties and have contracts on more than forty properties. They will be submitting a rezoning application for the Planned Development District. DRAFT 10. Adjournment. Upon motion made by Charlie Haubold and seconded by Marcia Ritter, the meeting was adjourned unanimously at 8:30 p.m. - Respectfully submitted, William T. Hinckley Chairman III. Up Coming Events A. Christmas Arts &, Crafts Extravaganza B. SEMO Basketball (19 games) C. Saint Francis Girl's Holiday Classic D. SE Missourian Boys Christmas Tournament E_ Martin Luther King, JR Dinner F. Saint Francis Indoor Soccer Tournament G. Riverdance H. Rock N' Worship 1. Chamber Dinner IV. New Business A. Changing Demographics B. JQH Arena Finances C. B.O.M. Term Expirations - Scott Meyer — City - Kathy Mangels — University Next Meeting, Schedule Thursday Februaw 10, 201 1 3:'0 PM Thursday May 12, 201 I 3:30 PM Thmsday Auunust 11, 2011 3:30 PM Thursday November 10, 2011 3:3(1 PM 11/20-21 11/4,6,8,9,17,22,23,27; 12/2,4,7,11,30; 1/3,8,13,15,2729 12/20-22 12?27-30 1/19/10 1/21-23 1/25/11 1/28/ 1 1 2/4/11 11-1 rn«..... &:11Cf At ..... g,,'2010iNor-11-10'10" SHOW ME CENTER 130ARD OF MANAGERS AGENDA !N'oremher ll, 2/010 I. Utilization Report A. AUCtr$t Total Events: 20 Attnd: 7,308 B. September Total Events: 26 Attnd: 18,611 C. October Total Events: 37 Attnd: 14,939 D. FYI I Iota] Total Events: 104 Attnd: 45,628 E. Total ACCUnlldated Total Events: 8,826 Attnd: 6,271,911 If. Iliahlithts A. SEMO Students Welcome Back Picnic 8/22 3,200 B. Athletics Booster BBQ 8/24 574 C. Pastor Shirley Caesar 8/28 633 D. SEMO Imprints Volleyball Tournament 9/ 10-1 1 5.673 E. Jason Aldean/Luke Bryan Concert 9/23 5,585 F. Missouri Gin &, Knife Show 9/24-26 4,807 G. Sheet Ball Live 10/2 745 H. World Vision-Makea Difference Tour I(1/3 3,802 1. University Fight Tour 10/9 467 J. Rodney Carrington 10/23 2,272 K. Southeast Showcase 10/28 1,412 III. Up Coming Events A. Christmas Arts &, Crafts Extravaganza B. SEMO Basketball (19 games) C. Saint Francis Girl's Holiday Classic D. SE Missourian Boys Christmas Tournament E_ Martin Luther King, JR Dinner F. Saint Francis Indoor Soccer Tournament G. Riverdance H. Rock N' Worship 1. Chamber Dinner IV. New Business A. Changing Demographics B. JQH Arena Finances C. B.O.M. Term Expirations - Scott Meyer — City - Kathy Mangels — University Next Meeting, Schedule Thursday Februaw 10, 201 1 3:'0 PM Thursday May 12, 201 I 3:30 PM Thmsday Auunust 11, 2011 3:30 PM Thursday November 10, 2011 3:3(1 PM 11/20-21 11/4,6,8,9,17,22,23,27; 12/2,4,7,11,30; 1/3,8,13,15,2729 12/20-22 12?27-30 1/19/10 1/21-23 1/25/11 1/28/ 1 1 2/4/11 11-1 rn«..... &:11Cf At ..... g,,'2010iNor-11-10'10" UTILIZATION REPORT - AUGUST 2010 uowniown Korory 2 -Aug -10 39 M P First Friday Coffee 6 -Aug -10 156 M P Downtown Rotary 9 -Aug -10 48 NI P Football Meal 14 -Aug -10 125 M P Downtown Rotary 16 -Aug -10 35 M P Shuttle Driver Training 18 -Aug -10 45 M U IT Lunch 19 -Aug -10 23 M U IT Lunch 20 -Aug -10 65 M U New Student Convocation 20 -Aug -10 1,607 A U College of Moth & Science 20 -Aug -10 275 A U Center for Child Studies 20 -Aug -10 98 M U Beauticontrol 21 -Aug -10 36 M P Welcome Back Picnic 22 -Aug -10 3,200 A U Student Teaching Orientation 23 -Aug -10 123 M U Downtown Rotary 23 -Aug -10 36 M P Booster BBQ 24 -Aug -10 574 A A Testing Services 25 -Aug -10 24 M U Coaches Meeting 26 -Aug -10 120 M A Pastor Shirley Caesar 28 -Aug -10 633 A E Downtown Rotary 30 -Aug -10 46 M P TOTALS'20 7,308 FY 10-11 FY 09-10 FY 08-09 FY 07-08 FY 06-07 FY 05-06 FY 04-05 FY 03-04 TOTAL EVENTS - MONTH 20 24 24 1 7 24 24 24 14 - TOTAL ATTENDANCE - MONTH 7,308 9,478 9,607 6,118 3,145 4,102 4,493 4,684 ENTERTAINMENT ATTENDANCE 633 3,429 2,907 0 0 0 0 0 PUBLIC/PRIVATE ATTENDANCE 521 1,026 807 433 698 1,901 693 2,054 ATHLETIC ATTENDANCE 694 450 638 0 759 836 425 244 UNIVERSITY ATTENDANCE 5,460 4,573 5,255 5,685 1,688 1,365 3,375 2,386 # ARENA EVENTS 5 6 7 6 6 6 4 5 #MEETING ROOMS 15 18 17 11 18 18 20 9 TOTAL EVENTS - YTD 41 46 51 48 61 65 55 55 TOTAL ATTENDANCE - YTD 12,078 12,997 15,363 12,687 8,394 10,033 10,215 16,060 ARENA EVENTS - YTD 16 15 24 25 30 32 27 32 MEETING ROOMS - YTD 25 31 27 23 31 33 28 23 11: I inanreL"1CIS1iCR7:4R YISJICiU711, RPTIPR1A711 UTILIZATION REPORT - SEPTEMBER 2010 EVENT DATE ATTN SPACE USE FM Staff Meeting 9/1/10 133 M J First Friday Coffee 9/3/10 155 M P Matlock Wedding Reception 9/4/10 46 M P Missouri Association of Insurance Agents 9/8/10 15 M P Facilities Management 9/8/10 23 M J SEMO Spike Volleyball Tournament 9/10/10 1,956 A E SH.AO Spike Volleyball Tournament 9/11/10 3,717 A E Downtown Rotary 9/13/10 41 11 P SMC Staff Training 9/15/10 52 M J SMC Staff Training 9/16/10 40 M J Beauticonirol 9/18/10 36 M P Panhellenic Minimum Standard 9/20/10 692 A J Federal Home Loan Bank of Des Moines 9/22/10 38 PA P Facilities Management 9/22/10 22 M J RPDC 9/22/10 23 M J RPDC 9/23/10 57 M J Jason Aldean Concert 9/23/10 5,585 A E Missouri Gun & Knife Show 9/24/10 513 A P Missouri Gun & Knife Show 9/25/10 2,668 A P Stallion Wedding Reception 9/25/10 168 M P Missouri Gun & Knife Show 9/26/10 1,626 A P Downtown Rotary 9/27/10 39 M P RPDC 9/27/10 291 A J RPDC 9/28/10 291 A J Vesting Services 9/28/10 27 M J "at Buchanan -Tom Daschle 9/30/10 357 A J TOTALS: 26 18,611 FY 10-11 FY 09-1_0 FY 08-09 FY 07-08 FY 06-07 FY 05-06 FY 04-05 FY 03-04 FY 02-03 TOTAL EVENTS - MONTH 26 20 27 21 20 30 30 29 22 TOTAL ATTENDANCE - MONTH 18,611 12,606 12,331 12,593 10,288 15,058 13,018 10,783 7,795 ENTERTAINMENT ATTENDANCE 11,258 6,699 7,083 7,235 5,287 9,512 11,729 3,772 3,405 PUBLIC/PRIVATE ATTENDANCE 5,345 5,451 4,305 5,140 4,913 5,298 1,133 5,787 3,629 ATHLETIC ATTENDANCE 0 0 19 0 0 0 0 714 0 UNIVERSITY ATTENDANCE 2,008 456 924 218 88 248 156 510 761 ARENA EVENTS 10 6 8 5 5 12 6 8 6 # MEETING ROOMS 16 14 19 16 15 18 24 21 16 TOTAL EVENTS - YTD 67 66 78 69 81 95 85 84 77 TOTAL ATTENDANCE - YTD 30,689 25,603 27,694 25,280 18,682 25,091 23,233 26,843 21,086 'ARENA EVENTS - YTD 26 21 32 30 35 44 33 40 35 MEETING ROOMS - YTD 41 45 46 39 46 51 52 44 42 H:\Finance\SMC\SECRTARY\SMC\UTIL RPT\PRINTII UTILIZATION REPORT - OCTOBER 2010 EVENT DATE ATTN SPACE USE First Friday Coffee 1 -Oct -2010 129 M P Street Ball Tour Live 2 -Oct -2010 745 A E World Vision Pastor's Dinner 3 -Oct -2010 180 M P Norld Vision Make A Difference Tour 30ct-2010 3,802 A E Downtown Rotary 4 -Oct -2010 44 M P Facilities Management Staff Breakfast/Meet 6 -Oct -2010 165 M U P,edhowks Basketball Coaching Clinic 7 -Oct -2010 120 A A MILK Meeting - 7 -Oct -2010 16 M U RPDC 8 -Oct -2010 24 M U University Fight Tour 9-0ct-2010 467 A E Show Me Days 9-Ocf-2010 852 A U FCCLA 10 -Oct -2010 26 A P FCCLA Il -Oct -2010 336 A P Downtown Rotary 11 -Oct -2010 28 M P 41hietics Meeting 12 -Oct -2010 13 M A Vesting Services 12 -Oct -2010 23 M U RPDC 13 -Oct -2010 26 M U RPDC, 14 -Oct -2010 34 M U MBB Team Meeting 14 -Oct -2010 20 Id A EF400 15 -Oct -2010 37 M U Rdtary Auction 16 -Oct -2010 40 M P Downtown Rotary 18 -Oct -2010 42 M P Basketball Memo Meeting 19-Ocf-2010 14 M A RPDC 20 -Oct -2010 93 M U PRDC 21 -Oct -2010 63 M U Rodney Carrington 23 -Oct -2010 2,272 A E Regional College Fair 25 -Oct -2010 1,070 A P Testing Services 26 -Oct -2010 34 M U Myth Busters Build Team 27 -Oct -2010 1,799 A U RPDC 27-Oci-2010 27 M U RPDC 28 -Oct -2010 65 M U >outheast Showcase 28 -Oct -2010 1,412 A P Board of Regents 29 -Oct -2010 43 M U opper Dome Foundation 29 -Oct -2010 420 A U .,eauticontrol 30 -Oct -2010 13 M P N1BB Red 8 Black Game 30 -Oct -2010 400 A A Alpha Phi Alpha 30 O f-2010 45 A P TOTALS: 37 14,939 FY 10-11 FY_09-10 FY 08.09 FY 07-08 FY 06-07 FY 05.06 FY 04-05 FY 03-04 FY 02-03 i:OTAL EVENTS - MONTH 37 32 31 24 29 39 32 34 18 TOTAL ATTENDANCE - MONTH 14,939 6,358 17,934 12,123 23,455 20,860 10,703 18,230 10,059 ENTERTAINMENT ATTENDANCE 7,286 0 3,178 3,521 6,751 7,358 0 5,839 0 PUBLIC/PRIVATE ATTENDANCE 3,365 3,221 12464 6,917 12,614 9,693 8,040 11,082 8,119 . ATHLETIC ATTENDANCE 567 87 15 48 244 120 1,475 372 485 UNIVERSITY ATTENDANCE 3,721 3,050 2,277 1,637 3,846 3,689 1,188 937 1,455 # ARENA EVENTS 14 8 9 12 16 19 11 14 18 # MEETING ROOMS 23 24 22 12 13 20 21 20 10 TOTAL EVENTS - YTD 104 98 109 93 110 134 117 118 105 TOTALATTENDANCE - YTD 45,628 31,961 45,628 37,403 42,137 45,951 33,936 45,073 31,145 ARENA EVENTS - YTD 40 29 41 42 51 63 44 54 53 -MEETING ROOMS - YTD 64 69 68 51 59 71 73 64 52 H:AFinanccASMCSECRTARY\SMCAUTIL RPT\PRINTII MINUTES IIISTORIC PRESERVATION COMMISSION City of Cape Girardeau PO Box 617 Cape Girardeau, MO 63702-0617 Noveoiber 17, 2010 6:30 p.m. Training Session The Historic Preservation Commission held a training -session at 6:30 p.m. on September 15, 2010 at City Hall, 401 Independence Street, followed by the regularly scheduled meeting of the Historic Preservation Commission. Members Present: Scott House, Patti House, Bill Eddleman, Sharon Giebler, Donna Grantham, Richard Withers, Charlotte Slinkard, and Wayne Bowen Members Absent: Robert Komorech Staff Present: Ken Eftink, and Richard Reinhardt At 6:30 Dr. Hoffinan provided a training session on Architectural Styles. Dr. Hoffman reviewed Missouri German Vernacular and Queen Anne architectural styles from the previous training, and then covered Craftsman Bungalow and American Four Square Architectural Styles. Regular Meeting Chairman Scott House called the meeting of the Historic Preservation Commission to order at 7:05 p.m. Upon motion made by Bill Eddleman and seconded by Patti House, the minutes of the September 15`h meeting were unanimously approved. Appearances of Items not on the agenda: None. Appearances of Items on the agenda: None. 1. Update on Original Treasures. Sharon Giebler mentioned that she has a box of pictures at home. There are two signs up in front of homes that arc original treasures and Donna Grantham sent each of the property owners a letter thanking them for maintaining their home and keeping it an original treasure. Sharon Giebler and Donna Grantham have a list of homes that could be considered for original treasures and will bring it to a future meeting for the Commission to consider. 2. Update on the Civil War Sesquicentennial. Scott House mentioned that he wrote the first of the proposed stories for the Southeast Missourian and he sent it in to Chris Harris but got no response. The story was in regards to the election of Abraham Lincoln one hundred and fifty years ago. Scot House also made a list of more than a years worth of Sunday's date and stories -f• that would have taken place during that week one hundred and fifty years ago. Sharon Giebler will call Chris Harris and see if the Southeast Missourian is still planning to run the column. The Commission also discussed Historic Preservation Month in May since it will coincide with plans for the Civil War Sesquicentennial. It was discussed that the walking tour in May would start down by the river and proceed west on Themis to highlight Port Cape, the old site of the Saint Charles Hotel, and then the walk would proceed up the stairs at the Common Pleas Courthouse and culminate with unveiling a plaque on the Common Pleas Courthouse. Regarding the plaque, the Commission discussed now that the Common Pleas is on the National Register, a plaque should be provided with the date it was put on the National Register. Charlotte Slinkard provided costs of plaques and some possible wording that could be used on the plaque. Staff will look into this and provide examples for the following meeting to be approved. It was added that both the City and the County would need to approve the plaque and the placement of the plaque on the building. Charlotte Slinkard stated that a good plaque would cost somewhere around $400. Scott House then mentioned that Fort D Days would also have events for the Civil War Sesquicentennial including celebrations commemorating the arrival of union troops in July and the arrival of Grant in August. Fort D. Days will be the first weekend in August this year which is the 150`h anniversary to the day of when construction began on Fort D. Other Business not on the Agenda. Scott House mentioned that signs would be placed at the Broadway Flood Gate. There are six signs and three will be placed at a time. The signs were prepared as part of a grant that Preserve America received to provide signage by the riverfront. The Commission inquired about the Vasterling Building. Ken Eftink informed them that the state has approved the funding so the developer is moving forward with his project and has hired an architect. Charlotte Slinkard mentioned that the house at 213 South Loritnier Street, which is a contributing property in the Courthouse Seminary Neighborhood Historic District has painted the foundation of their house and their retaining wall purple. The Commission discussed that since it is a National Register district there is nothing that can be done to keep them from making changes to their property of that nature. Richard Reinhardt informed the Commission that there are some property owners within that district that are interested in pursing local designation. If that happens, then property owners can be kept from making changes of that nature. 4. Staff Time. Richard Reinhardt informed the Commission that lie sent the Certified Local Government Report to the State earlier in the week. Ken Eftink informed the Commission that the Army Corps of Engineers is making repairs to the flood wall and he also informed the Commission about funding for the river walk trail to connect to River Campus. Ken Eftink also informed the Commission that City Staff is working on minimum property standards. He also mentioned that the ribbon cutting for Fountain Street would be on November 30`h. DRAFT Ken Eftink mentioned that the log cabin that was owned by the University will not be moved next to the Red House. Scott House mentioned that a goal of the Commission is to work on a National Register nomination form for Fort D. Bill Eddleman and Scott House will begin gathering information and then will ask Dr. Hoffman for assistance. 5. With no further discussion, Wayne Bowen made a motion to adjourn the meeting, seconded by Donna Grantham, and approved unanimously. Respectfully Submitted, Patti House Secretary