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HomeMy WebLinkAboutCouncil.Agenda.01-04-10.PacketCITY COUNCIL MEETING AGENDA Monday, January 4th, 2010 CAPE GIRARDEAU, MISSOURI CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street City Council Agenda Monday, January 4, 2010 7:00 p.m. Invocation — Rev. Bob Towner, Christ Episcopal Church Pledge of Allegiance Call to Order Roll Call Council Meeting Minutes December 21, 2009, regular and closed sessions Adoption of the Agenda City Council Communications to be presented by members of the City Council. 2. Communications to be presented by the City Manager or City Staff. Public Hearings 3. A public hearing regarding the request of Rhodes Development Company to rezone the property located at 1634 North Kingshighway from C-2, general commercial district, and R-1, single family residential district, to C-2, general commercial district. (Agenda Item No. 14, Bill No. 10-1). Action Letter No. 10-01 Appearances 4. Appearances before the Council on items listed on the agenda. 5. Appearances before the Council on items not listed on the agenda. Consent Ordinances 6. BILL NO. 09-193, an Ordinance authorizing the acquisition of property for Lewis and Clark Parkway between LaSalle Avenue and County Road 618. Second and Third Readings. Letter No. 09-261 Action City Council Agenda Page 2 January 4, 2010 7. BILL NO. 09-194 an Ordinance approving the record plat of Robinson Subdivision. Second and Third Readings. Letter No. 09-262 Action 8. BILL NO. 09-195, an Ordinance approving the record plat of River Bend Subdivision. Second and Third Readings. Letter No. 09-263 Action 9. BILL NO. 09-196, an Ordinance approving the record plat of Cape West Crossings -Phase 11 Amended. Second and Third Readings. Letter No. 09-264 Action 10. BILL NO. 09-197, an Ordinance approving the record plat of Cape West 13°i Subdivision. Second and Third Readings. Letter No. 09-265 Action 11. BILL NO. 09-198, an Ordinance approving the record plat of a Resubdivision of Lots C19, C20 and C21 of The Highlands at Dalhousie -Phase III. Second and Third Readings. Letter No. 09-266 Action 12. BILL NO. 09-204, an Ordinance amending Section 22-111(a) of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding weeds. Second and Third Readings. Letter No. 09-267 Action City Council Agenda Page 3 January 4, 2010 13. BILL NO. 09-205, an Ordinance authorizing the issuance of not to exceed $1,000,000 principal amount of Waterworks System Revenue Bonds (State of Missouri - Direct Loan Program - ARRA) Series 2010 of the City of Cape Girardeau, Missouri, for the purpose of extending and improving the City's waterworks system; prescribing the form and details of the bonds and the agreements made by the City to facilitate and protect their payment and prescribing other related matters. Second and Third Readings. Action Letter No. 09-268 New Ordinances 14. BILL NO. 10-1, an Ordinance amending Chapter 30 of the Code of Ordinances of the _. City of Cape Girardeau, Missouri, by changing the zoning of a part of 1634 North Kingshighway and 1698 Kingsway Drive, in the City and County of Cape Girardeau, Missouri, from R -I and C-2 to C-2. First Reading. Action Letter No. 10-01 Liquor License 15. Conditional approval of an original package liquor, Sunday sales and wine tasting license for Pajco, Inc., d/b/a Primo Vino! Located at 1610 N. Kingshighway, Suite 105, Paul R. Dirnberger, Managing Officer. Other 16. A motion accepting the improvements completed under the 2009 Overlay Program, and authorizing final pavement to ASA Asphalt, Inc. Action 17. Other business. Letter No. 10-02 18. Adjournment of the City Council. The City Council of the City of Cape Girardeau, Missouri, will hold a study session at City Hall, 401 Independence Street, on Monday, January 4, 2010, 5:00 p.m. City Council Agenda Page 4 January 4, 2010 The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, hold a closed session to discuss legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, promotion of personnel, employee labor relations, or confidential or privileged communications with its attorneys. Specifically, the City Council will hold a closed session to discuss legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021(1), 610.021(2), and 610.021(3). CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street Monday, January 4, 2010 Study Session Discussions: Zoning Code Amendments — Ken Gftink Broadway Update — 1 -leather Brooks Closed Session Discussions: • Big Bcnd Road Project, right-ol-way acquisition — Martha Brown CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 10-01 Agenda January 4, 2010 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Request for Rezoning of the Property at 1634 North Kingshighway Dear Mayor and Council Members: This agenda item calls for the holding of an advertized public hearing on the request of Rhodes Development Company to rezone property located at 1634 North Kingshighway from the C-2 (General Commercial) District, and the R-1 (Single -Family Residential) District to the C-2 (General Commercial) District. The Planning and Zoning Commission recommended approving this application at its meeting on December 9, 2009, by a vote of 5 in favor, 0 in opposition, and 1 abstaining, with Scott Rhodes being the abstention for financial reasons. This is a situation where a parcel was split zoned. The applicants are requesting to rezone the lot in order that it all falls under the same zoning classification of C-2 (General Commercial). It is recommended that the City Council hold the advertized public hearing. Attached for first reading consideration is an ordinance which would authorize the rezoning from the C-2 (General Commercial) District and the R-1 (Single -Family Residential) District to the C-2 (General Commercial) District. Respectfully submitted, 71(." r�zz Ken Eftmk Assistant City Manager/ Director of Development Services Scott A. Me City Manager CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Special Use Permit/Rezoning File No. 1231 Address of Property 1634 North Kingshighway Staff Review and Comments: It is the request of Koehler Engineering to rezone the property located at 1634 North Kingshighway. The property is currently split zoned with the C-2 (General Commercial) District and the R-1 (Single -Family Residential) District and the applicants are requesting that the entire property is zoned to the C-2 (General Commercial) District. This property was the subject of a development agreement between the City of Cape Girardeau and the Rhodes Development Company for the realignment of Kingsway Drive and the construction of a parking lot. Planning Supervisor Date ............................................................................... / ' Z7 -c3 Date I ............................ Posting Date for Planning and Zoning Commission Public Hearing: ............................................................................... Plannine and Zoning Commission Recommendations: ................................................•.............................1 Posting Date for City Council Public Hearing: iy o 9 ............................................................................... Council Action: Favor: Oppose: Abstain: Revised 3/27/08 CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION ACTION Request for Rezoning Recommended Action: That the request of the Rhodes Development Company to rezone the property located at 1634 North Kingshighway from the C-2 (General Commercial) District and the R-1 (Single -Family Residential) District to the C-2 (General Commercial) District, be recommended for approval. The vote count on the motion to approve was: Vote Count: Favor — 5 Oppose — 0 Abstain — 1 Date Recommendation Made: December 9, 2009 Comments: Scott Rhodes abstained for financial reasons. Citizens commenting at meeting: None Secretary — Raymond G. Buhs 11nWUv CITY OF CAPE GIRARDEAU Application For Rezoning © OR Special Use Permit ❑ (check one) For Staff Use Only: Date received in Planning Services Office: I o 9 By: SECTION A 1. Description of project: Development of a 5,000 square foot strip center, a 8,872 square foot strip center, and a future development parcel on the NE corner of Kingshighway and LaCroix Crrek. 2. Street address of tract (or other location description): 1634 North Kingshighway and 1698 Kingsway Drive Cape Girardeau, MO 63701 3. Names and addresses of all legal owners of tract: Vernon E. Rhodes Family Partners, LP 2301 Bloomfield Road Cape Girardeau, MO 63703 (573) 225 —3062 Rhodes Development Company; LLC 2301 Bloomfield Road Cape Girardeau, MO 63703 4. Present zoning classification: C2 and R-1 5. Requested new zoning classification: C2 6. Requested special use: None 7. Person handling this application (name, address, phone number): Koehler Engineering and Land Surveying, Inc. c/o: Chris Koehler, PE, PLS 194 Coker Lane Cape Girardeau, MO 63701 8. If tract is to be transferred, name and address of intended owner: Tract is not to be transferred. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Date Page 3 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.) Copies of all Deeds for the subject development parcel are attached hereto. The current zoning limits are uncertain regarding their depth from the north line of Kingshighway. After conferring with the City Planner, Ms. Martha Brown, the decision was made to supply a description of the entire parcel previously obtained by the developer from the City of Cape Girardeau, where the small area of R1 zoning remains, and to have the re- zoning apply to this entire parcel, with the majority overlapping the existing property already zoned C2. Description of Parcel for Re -Zoning: All of that part of Fractional Section 26, Township 31 North, Range 13 East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, and more particularly described as follows: Commence at the West corner of Lot 1 of Six Sister's Subdivision, a Subdivision on file in the Land Records of Cape Girardeau County in Plat Book 17 at Page 23, said corner being along the Northeastern Right of Way line of US Highway '61': thence with said Right of Way line North 55°22'30" West. 64.34 feet, thence North 21 °0644" West, 21.31 feet, to a point 75 offset from and normal to US Highway '61' Station 1009+42.38: the point of beginning, thence leaving said Right of Way of US Highway 1611, and along the former eastern right of way line of Missouri State Route 'W', continuing North 21'06'44" ''West, 180.75 feet; to a point on the present southern line of Kingsway Drive, thence with said South line, South 49038'37" East, 92.22 feet; to a point on the westerly line of the proposed right of way for the realignment of Kingsway Drive, thence along the western line of said new right of way, along the arc of a curve to the Northwest being concave to the Northeast having a radius of 225.00 feet, a distance of 92.23 feet, (the chord of said arc bears North 2004515" West, 91.59 feet), to a point on the North line of the present location of Kingsway Drive, thence with said North line, North 54°14'48" West, 37.32 feet; thence North 56°48'39" West, 41.51 feet: thence North 21°06'44" West, 2.19 feet, to a point on the Eastern Right of Way line of old Route 'W' (now vacated), and being 80 feet opposite and normal to station 507+01, thence on thence along the arc of a curve to the Northeast being concave to the Southwest having a radius of 558.34 feet and a distance of 157.71 feet, (the chord of said arc bears North 09017'29" East, 157.18 feet), thence along the arc of a curve to the Northwest being concave to the Southwest and having a radius of 325.00 feet and a distance of 42.90 feet, (the chord of said arc bears North 31 13'37" West, 42.87 feet), thence South 54059'30" West, 5.00 feet, thence North 35000'30" West, 50.65 feet; thence North 37°29'37" West, 120.45 feet: thence South 34°37'30" West, 355.04 feet, to a point on the North Right of Way line of said US Highway '61', being 75 feet opposite and normal to station 1004+58.54: thence with said Right of Way line South 55022'30" East, 483.84 feet, to the point of beginning and containing 2.29 acres (99,562 square feet), more or less, subject to any easements of record. 2. Attach to this application a scale plat or map of the tract, on paper no larger than 11 inches by 17 inches, showing the following (If you do not have a surveyor's plat of the property, items a and b can be obtained from the County Mapping and Appraisal Office in the County Administration Building in Jackson): a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. (See second Exhibit) e. All adjoining and cornering property lines and references to all owners listed in Section c. SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on your tract or which is across streets or alleys. (This information can be obtained from the County Mapping and Appraisal Office in the County Administration Building in Jackson.) 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. George Bockhorst Jr. Trust, Etal. PO Box 780 Cape Girardeau, MO 63702 Lexington Place LLC 3022 Beavercreek Drive Cape Girardeau, MO 63701 Ameren UE PO Boc 149 St. Louis. MO 63166 Hicks Properties LLC PO Box 1238 Cape Girardeau, MO 63702 The City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 Six Sisters Properties, Inc. PO Box 557 Cape Girardeau, MO 63702 2. With this application, the applicant must deliver to the Planning Services Office a stamped, plain business envelope addressed to each of the landowners listed in Section C, Item 1, of this application. Please do not include a return address. The Planning Services office will use its return address. (If a tract is owned by the City of Cape Girardeau, an envelope for City property is not needed.) 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. Commercial Retail and Related Businesses. Plans of Phase I attached hereto. 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. N/A 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 to occur before, during or after this application is being reviewed and approved. 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. There has not been any prior applications for a rezoning or special use permit for this tract or a larger or smaller parcel involving this tract. 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. The large majority of the property is already zoned C2. The rezoning will allow for the development of the property under a single use. The development will provide good construction jobs for the community, permanent service jobs once is completed, additional sales tax revenues for the City, and additional property tax revenues for the School District and other services. Please list below the names and addresses of adjacent property owners or other neighbors you have contacted directly in regard to the requested rezoning or special use permit, and your project if it involves new structures or a change of use in an existing building. (Telephone or e-mail contacts can be listed, but please note them as such.) Name Address Revised 05/19/2006 SECTION C List names and addresses of ALL adjoining landowners. Include land which corners on your tract or which is across streets or alleys. (This information can be obtained from the County Mapping and Appraisal Office in the County Administration Building in Jackson.) 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. George Bockhorst Jr. Trust, Etal. PO Box 780 Cape Girardeau, MO 63702 Lexington Place LLC 3022 Beavercreek Drive Cape Girardeau, MO 63701 Ameren LIE PO Boc 149 St. Louis, MO 63166 Hicks Properties LLC PO Box 1238 Cape Girardeau, MO 63702 The City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 Six Sisters Properties, Inc. PO Box 557 Cape Girardeau, MO 63702 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.) CONSENT ORDINANCES CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 09-261 Agenda December 21, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: An Ordinance Authorizing the Acquisition of Property for the Construction of Lewis and Clark Parkway Dear Mayor and Council Members: This Ordinance authorizes staff to proceed with the necessary property acquisition for the construction of Lewis and Clark Parkway which will connect LaSalle Avenue with County Road 620 at its intersection with County Road 306 (Bainbridge Road). The new road will be a four -lane road near its intersection with LaSalle Avenue and then transitions 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. It is recommended that the Council give first reading consideration of the attached ordinance authorizing staff to proceed with the acquisition of property for this project. Respectfully submitted, f Ken Efti� ott A. Mev Assistant City Manager/ City Manager Director of Development Services _ n of BILL NO. 09- 193 ORDINANCE No. AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR LEWIS AND CLARK PARKWAY BETWEEN LASALLE AVENUE AND COUNTY ROAD 618 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Staff is authorized and directed to acquire certain property needed for the construction of Lewis and Clark Parkway between LaSalle Avenue and County Road 618. The City staff is hereby authorized and directed to accept offers of donation of property needed, make appropriate offers of purchase to the owners of the properties based on values provided by professional appraisers; to negotiate with the owners of the property in an effort to reach agreement for the purchase of the property needed and if the negotiations fail, then to proceed to acquire the needed properties through the exercise of the City's powers of Eminent Domain. All of the above actions heretofore taken by City Staff relating to the following tracts are hereby authorized and ratified by the City Council.' ARTICLE 2. The property designated for acquisition for this project are as follows: TRACT 1. SOUTHEAST MISSOURI UNIVERSITY FOUNDATION FEE SIMPLE INTEREST TFIA'I' PART OF UNITED STATES PRIVATE SURVEY NUMBERS 202 AND 790, TOWNSI-IIP 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.PS. 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 fine, 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 arc 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 arc 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 16028'42" 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 30759 feet); thence North 21°24'06" West, 67.41 feet; thence North 66024'06' 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 Page 1 of 6 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 arc 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 arc 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. TRACT 2. SOUTHEAST MISSOURI STATE UNIVERSITY TEMPORARY CONSTRUCTION EASEMENT 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 corner of United States Private Survey number 790; thence with the South line of said U.ST..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 64022'58" 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 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 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 27043'11" West, 347.60 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 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 arc 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 35056'56" 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 0531'29" 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: F. Page 2 of 6 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, 1,642.53 feet; thence leaving said North line and 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 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 arc of a curve concave to the Northeast having a radius of 320.00 feet and a length of 170.55 feet, (said arc has a chord bearing of South 35°56'56" East and a length of 168.54 feet); thence South 51°13'03" East, 46.38 feet; thence with the arc 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 arc 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 51°13'03" West, 46.38 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 North 35°56'56" West and a length of 194.88 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 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 corner of United States Private Survey number 790; thence with the South fine of said U.S.PS. 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 arc 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 27043'11" 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 arc 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 STALES PRIVATE SURVEY NUMBER 202, TOWNSI-IIP 31 NORTH, RANGE 13 EAST OP 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.PS. 202; thence leaving said North line and with the East line of said U.S.PS. 202, South 05037'09" 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 arc has a chord bearing of North 89°19'37" West and a length of 60.36 feet); thence South 83°00'18" West, 75.26 feet; thence North 29044'5T' West, 21.69 feet; Page 3 of 6 thence North 83°00'18" East, 83.65 feet; thence with the arc of a curve concave to the Southwest having a radius of 246.16 feet 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. TRACT 3. CLILA, LP FEE SIMPLE INTEREST 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 tine 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.PS. 202, South 05°37'09" West, 1,345.67 feet to a point on the North tine 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 arc has a chord bearing of North 54°06'50" East and a length of 1.00 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 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 PRIVAI"E 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 US.PS. 202, South 83°44'23" East, 2,516.89 feet to the Northeast corner of said U.S.PS.; thence leaving said North line and with the East line of said U.S.PS. 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 arc 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 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 arc 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 12°17'09" East, 223.26 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 South 21'1741 " 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 Page 4 of 6 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. TRACT 4. CLILA, LP TEMPORARY CONSTRUCTION EASEMENT THAT PART OF UNITED STATES PRTVA"TE 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 Nvith 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 arc of a curve concave to the Northwest having a radius of 520.00 feet and a length of 262.24 feet, (said arc has a chord bearing of South 25°16'15" West and a length of 259.47 feet); thence South 39043'05" West, 28.96 feet; thence with the arc 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 curve concave to the Southeast having a radius of 350.00 feet and a length of 184.97 feet, (said arc 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 Nvith the arc of a curve concave to the Northeast having a radius of 660.00 feet and a length of 20755 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.RS. 202; thence with said East line, South 05037'09" 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$4 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 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 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 arc 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 arc 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°56'2' 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. TRACT 5. LINDA M. SANDERS TRUST TEMPORARY CONSTRUCTION EASEMENT THAT PART OF FRACTIONAL SECTION 9, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFI I 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.PS. 202, South 83°44'23" East, 2,516.89 feet to the Northeast corner of said U.S.RS. 202; thence leaving said North line and with the East line of said USES. 202, South 05037'09" West, 2,669.58 feet to a point on the East Fight 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 Page 5 of 6 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. TRACT 6. JENNIFER RENEE VOLKERDING TEMPORARY CONSTRUCTION EASEMENT 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.PS. 202, South 83°44'23" East, 2,516.89 feet to the Northeast corner of said U.S.PS. 202; thence leaving said North line and with the East line of said US.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, 638.34 feet to the Point of Beginning; thence leaving said East line, South 85°22'25" East, 52.43 feet; thence South 12°53'45" East, 32.67 feet to a point on the North line of Ututed States Private Survey number 788; thcnct with said North line, North 84015'28" 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 1253'45" West, 31.59 feet to the Point of Beginning, and containing 1,606 square feet, more or less. ARTICLE 3. The Council of the City of Cape Girardeau, Missouri, hereby finds and declares that the acquisition of the above described properties is for a public use and that such acquisition is within the scope of the authority or power of the City of Cape Girardeau, Missouri, and that the acquisition of the properties is reasonable and necessary for public use in order to provide for the improvement of a public street. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 12009. ATTEST: Gayle L. Conrad City Clerk Jay B. Knudtson Mayor Page 6 of 6 CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 09-262 Agenda December 21, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Ordinance Approving the Record Plat of the Robinson Subdivision Dear Mayor and Council Members: - This Council agenda item provides for consideration of the record plat,of the Robinson Subdivision. This subdivision is located at 1309 and 1321 Butler Street. This subdivision shows the joining together of two (2) lots into one (1). The applicant is requesting to join the lots together for the purpose of constructing a garage on the lot located at 1321 Butler Street, which is currently vacant. This is a residential subdivision by Thomas Robinson. This subdivision plat was approved by the Planning and zoning Commission at their meeting on December 9, 2009. The vote count on the motion to recommend approval was 6 in favor, 0 in opposition, and 0 abstaining. It is recommended that the City Council give first reading consideration to the attached ordinance approving the record plat for the Robinson Subdivision. Respectfully submitted, -4�4 f" Ken Eftink Assistant City Manager/ Director of Development Services Scott A. Meyer City Manager BILL NO. 09-194 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF ROBINSON SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Robinson Subdivision, being part of Lot 1 in Block 23 of Monticello Second Addition to the City of Cape Girardeau, State of Missouri, as recorded in Plat Book 3, Page 16, located in the City and County of Cape Girardeau, Missouri, submitted by Thomas L. Robinson, Sr. and Ann D. Robinson, husband and wife, Owners, bearing the certification of Rodney W. Amos, a Registered Land Surveyor, dated October 30, 2009, 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 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk N RECORD PA -OF W o v E ROBINSON SUBDIVISION v v PART OF LOT I N ELGCK Zi OF AIONDORLO SECOND ADDITION TO THE CITY OF CAPE GRAMEAU, STATE OF S_ _ _ — _ AS RECORD® IN PLAT BOOK A PAGE 16.— . _ . J L ROIM OADLTAMx IRaI RCOJaNEDOMt V YIXMIIlO 8L11D RNI p IXWWOYApI} PUT B on °y PPR¢ le BllfL9i 8T. (50' Ii/W) amc�al (NNIN UE p SLIVER TROM NNI p (TOM r NOI PW7 B L/e9 i�NYOWWY NOZO _Y 5 \ .1T N9700'OlY �I 1{1iXCR)) r 1{Id(R) T f%IIET Im { I nEA9OT el �Ra GRAPIUC SCALE - MND POI REO CGI 0004 040. LESLIE W. XNOTT RPE sI 0A110 A AINRET ql 1005415801 0000. 040. - SETBACK UNE — — — - EASEMENT VIE (000. N0. 9991 - FIBONSIOI BWNDARY ONE W i0W-ODBaO) ADJONND PROPERTfA0T LINE Aff(0oa DOC, NO R] No. - 'I 3009-1202) WNAY({YIY WM VO{IO'11 OW SD ( p R7) 3006-06623) I lEA�NT JOp OEM E JWY WENDEL L m - 40 R •1'_)'_ 1004-19691) tlL' LEGEND o - MND POI REO e - SET 1/r IRON NCO 0 RPE M - MEASURED (R) - REOS6fP ------------ - SETBACK UNE — — — - EASEMENT VIE rr - FIBONSIOI BWNDARY ONE IS' r19R W MTurc cL9DONn Nna NL PRtHn AND RICAN Lm I7Es ADJONND PROPERTfA0T LINE - I L__J$ CRIG I� OM r� PO TOTAL AREA OF SUBDIVISION wl D. 1 to I �I o, a "THE AN DAM O OW B WM 041 ERFDIIIE OAT: p NTOHA S. 1991 LOT NOTES NdlA1 TXN MABLY Of UNS - I IDT Fa . 1436• So. n. (404 ACES] PLAT PREPARED BY AND I SEIBAtN� rr EASEMENT NOTE IS' r19R W MTurc cL9DONn Nna NL PRtHn AND RICAN Lm I7Es Iw wmR wE C MARCE.YI. W WlT - I L__J$ R (BOON LL4I PAGE O0) I WNAY({YIY WM VO{IO'11 OW SD RICHARD L LOOS OEM E JWY WENDEL (DOC. NO, (BOOR 674, PAGE 030) 1004-19691) MARY ARE ST. (5G' RM9 L._.-,_._,_,_.-._.-._._--- , NOTES TOTAL AREA OF SUBDIVISION FLOODPLAIN NOTE 404 AaQg NO nROW p M SIWMa01 DED O KITE M loo-oRC RARE 1 MACS ROCAIfA EL M rEDGo WP PANEL NO. NOlN BUILDING SETBACKS FOR R-2 ZONING ( y' PROW SE1BIpfs - 1L' REM SislOp - S 9Ef 41BA0.1 o, a "THE AN DAM O OW B WM 041 ERFDIIIE OAT: p NTOHA S. 1991 LOT NOTES TXN MABLY Of UNS - I IDT Fa . 1436• So. n. (404 ACES] PLAT PREPARED BY AND LAND SURVEYING SERVICES PROVIDED BY: KLOIDI ENMEERNC AND LAND APWNR4 NO. EASEMENT NOTE IS' r19R W MTurc cL9DONn Nna NL PRtHn AND RICAN Lm I7Es Iw wmR wE C MARCE.YI. W WlT 4' APER E U111nY L141E]ns NLp NL am LOT LIES ("M ]]Y]OM (MUCTS INTD CTIEANno M1 RIMY p A 1nACf p OPs PROERO Wd VaeDJ x RGVOu✓2 aM M ONFNf ,IReAx STY441W Rl YAOE alC1'11`.0 OCi®BI ]Q XOl AlE FICO Or l- RC9aa4 Na NN "W=C NYSHAM ANO Wim Oepl N OF QNPE WIRT p lal IMM BIRO( TS LR Y S SEC R D IN P M0100C TOM O, OCA P� fiATE p LISSC{A AS RECORDED N PUT BOOK 3 PALL 10. COWpIp AT AT M NOtTEAST Owen p RM LOT 11 THENCE NORM OO CEa12l CO 1M1O9 CO 9CW W MaO NON M NO(TI ME Of OT SKO L 1. ALSO SEND M SanN FIRST OF WAY VE OF BLYUB STREET. W.0{ REST TO NI PON NOD POt M RKM Of BEONIO THENCE "HOW M PMT Of BPOlela Sour N So Or8lFr9 Go Wnp aB SEOOM WEST 13007 PELT TO AN PON ROLA. THIILE NORM a0 DEGREES N WUIES 40 SECfaS WEST 61.08 RED TENOE MITI W OEUIIEES Os bRnEs 36 SECONDS WEPT 50.04 RET TO AN POI ROD, THENOD NORM as DEGREE; 53 WORRIES at $00041031REST Al '9 THENCE NORIN Do DEGREES b WITCS Is ffCOIaS EAST IMM RET TO A PONT OR SAID NORM TWE w SM &7 1. NN LEVO M FUM Rart p MY TIE p BONR SRE[T TOKE AVM 90 OEOEtE Co WJiL9 Oo 56Q. NB EATT Np asAD NORM IIS Or 3AO IDT 1. 131.17 RET. TO M POINT p BLOIeN AID 0]NTANNO O{3 A (14355 sOINE RER YOWE OR LEDO AND NDEBY SCI TUT W NATE ORUSD BMG IND TO SE CABEO Ia0 ONE Im As 9pY1 AND pAONI HEREON. AND SE NAW NMED sAO OINNtspN TOOSSON suBE Oi. WRO RE 00 HDRI ETABUe1 PERIN IIT EARNENTS As a HEED. AND WE So HHS" DEDICATE M ABCNE SET OUT FASCLpI13 TOM Russ: Ug fOPEN9E /�L RONIMlI 91. x04. 4 RtEI49lN TAI[ p 1lgsM ) fanlY q 04{ OaJo� im a _ J y a A0. YtO. MbR W u.yYpry NiRey PGSH h h aN M q, eunb aN NIA .b�NA YRmYWY 40�xR 1Mns L Y. pnN. m. aMn 0.M YxD.rO. W mR bron b M RM pxxnR h vq Nvn v,W N,'ME eM Sat s„3 mW M wla s N,Y M ml m6 Dad N lF8IYOfY NOEp. 1 Nw NWenb rE iva w1t1R xY elMf ad F q, eo-nb w .al..bRMI. N M aaN ICK N61OY Nelb Rd lu ,m! F IM atb el tla Cont RmY� q Dap dbde� ��b IsauA Pol amN Nw al P0, Mn al .WaN YbK m M _ bl AL. 1YI9. ACM nae.+. Gmq nmr MOI OPY aoNN qY �Ob 1e M W Ob M CO, GSA IM1wt 9Nx e Rrewe M w LTr a O� Cam]uA L►onl er A4a'�moux. _Par ar�eweaN..e BN _ aar a. C"rA.e Professional Engineers & Land Surveyors 194 Coker Lane FCSSS ape Girardeau, Missouri 63701 \ .MI (473) SIRS - MIS raat (473) - 3GYe \\ N W Q 0 E S XONM 0.PiCIiA110x FRCP RECMO PLAT CF 40X11 C[llO oPCXU CK TOX PIAT J. PAGE II (NOPM UNEE OF CF BUTEN SIIREYI HOUSE SKETCH FOR ROBINSON SUBDIVISION PART OF LOT 1 IN BLOCK 23 OF MONTTCELLO SECOND ADDITION LEGEND 0 . FOUND IRON ROD • . EU I/Y IRON ROD 0 PIPE M . MEASURED (R RECORDED -- - - —_ . SETBACX LINE BUILACR SwB « BEGINNING EASEMENT ONE ,4 N90C0'W'W X60.34 M) Y J 6 HOJW'M_W Q\"\` x41.0 )� pO.J�((Y) 60 JAIF I pO6J Y Si.9A(IN Pl.r(H) 0O. A"(HJ (--ea. U'(H}}(��-- x 9 09'P e0'(RI SUBOINSION BOUNDARY LINE — ADJOINING PROPERTYAOT UNE -------- . ORIGINAL PROPERTY UNE HOUSE SKETCH FOR ROBINSON SUBDIVISION PART OF LOT 1 IN BLOCK 23 OF MONTTCELLO SECOND ADDITION TOTAL AREA OF SUBDIVISION TO THE CITY OF CAPE GIRARDEAU, STATE OF MISSOURI, 012 ACHES AS RECORDED IN PLAT BOOK 3, PAGE 16.— SETBACKS(FOR BUILDING SETBACKSFOR R-2 ZONING — — — _ _ 0004 B WM AN CTFECTIE DATE OF NOYEYBEB 5. 1990. PONT OF CG ...EXr E cOANCA LOT LOT ERE - I.,2pe SO. ET. (0,42 ACRES) BUTLER ST. (50' RM DNT BON R IO P (FANO 1 NM HW)� BUILACR SwB « BEGINNING EASEMENT NOTE ,4 N90C0'W'W X60.34 M) Y J 6 HOJW'M_W Q\"\` x41.0 )� pO.J�((Y) 60 JAIF I pO6J Y Si.9A(IN Pl.r(H) 0O. A"(HJ (--ea. U'(H}}(��-- x 9 09'P e0'(RI _ 1- BLCORREF .. 2D Lale r_' nY'toT ________ (FwxO PIVE) ., : al /loot. $ $ y $I ri0. ±�E05y1 e s �usTr _ 14 ' lFffiI[ W. M1NOTT GOC. H0. O P AVIO ! KIXSY I XGnli! m n I MARC. W. 10094IONe RI z 2W949N01 (Got. W. - sslrcA A� 8 (x) I�BUIl01XG yTOAp ? .. MIIIP 4 MIM NA4lFA g 3g 114M. {M. PA4! Ibj gaa L J "- WSJ' A J'- AI'W I y Xe1p9'(N) XpO.-RR r - - - RICHIMILLOW Z.Y 4 JIDT MLKR IDOC. HO. WI 074, PAG! ON) ZW qm) I I I I I I I I ---L---1 I --- MARY ANNE ST. (50' R/W) L— — — — — -- — 1 I I NOTES TOTAL AREA OF SUBDIVISION FLOODPLAIN NOTE 012 ACHES x0 PORTON OF THE SU.N11ION 1n. AMIN mE I.O-TEAR nooDPulx. AS R`SCAMD ON mE noon BALE MM COMNUNIV PANR NO. 3904M SETBACKS(FOR BUILDING SETBACKSFOR R-2 ZONING 35' FRONT SEMI - 2V HEAR SETEACNS - 5SDE SEMACXS 0004 B WM AN CTFECTIE DATE OF NOYEYBEB 5. 1990. LOT NOTES TOTAL NUMew 0E LOTS - I LOT ERE - I.,2pe SO. ET. (0,42 ACRES) PLAT PREPARED BY AND LAND SURVEYING SERVICES PROVIDED BY, ROEMER ENGINEER1.IN ca D -AND SUR E NG. INC. C.R. L E EASEMENT NOTE sT5 ALONG Au 1R 1 Ax0 REM LOT UNE9 l0' SEAMY UTun uaO1 CME 6NAPDUU. NO .3701 5' SEMEFt d'. UOuw EASEMpTS ALONG ALL SIDE LOT U.ES (573) JJS-Jo]. (UM.GE x01(0 a1Xw.Sr) M GRAPHIC SCALE IN rt6 ) mt . 40 n I Professional Engineers & Land Surveyors 194 Coker Lane \ Cape Glrard•au, Mesourl 63701 n, (575) v5 - .12. Fo.. (Sn) s. - a544 Robinson Subdivision 11/27/09 CITY OF CAPE GIRARDEAU SUBDIVISION APPLICATION Project Name: 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 Commercial/Industrial $18.00 per lot $18.00 per dwelling unit $18.00 per acre $90.00 minimum $90.00 minimum $90.00 minimum NOTE: (a) The filing deadline is 3 weeks before the Planning & Zoning Commission meeting held the 2"" 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:_;l ,e !�G✓ls6r� S� Name: Firm: Firm: Address: /3 G Gel Address: Phone: % S "Wax: E-mail: PROFESSIONAL SURVEYOR/ENGINEER: Name:U Firm: Address: Phone: Fax: E-mail: Phone: Fax: E-mail: DEVELOPER Name: Firm: Address: Phone: Fax 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 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 foripal action by the CitySouncil is not unnecessarily delayed. Signature of Applicant:_��lr � S✓Date: 2 CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 09-263 Agenda December 21, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Ordinance Approving the Record Plat of River Bend Subdivision Dear Mayor and Council Members: This Council agenda item provides for consideration of the record plat of River Bend Subdivision. This two (2) lot subdivision is located south of Mill Street and West of Spanish Street. This is a minor subdivision by Habitat for Humanity. This subdivision plat was approved by the Planning and zoning Commission at their meeting on December 9, 2009. The vote count on the motion to recommend approval was 6 in favor, 0 in opposition, and 0 abstaining. It is recommended that the City Council give first reading consideration to the attached ordinance approving the record plat for River Bend Subdivision. Respectfully submitted, Ken Eftink �� Assistant City Manager/ Director of Development Services Scott A. Meyer City Manager BILL NO. 09-195 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF RIVER BEND SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of River Bend Subdivision, being a Resubdivision of Lot Numbered Ten (10) and Part of Lot Numbered Nine (9) in Range "M" of Ingram's Addition to the City of Cape Girardeau, Missouri, as shown in Plat Book #1 at Page #6 of the Land Records of Cape Girardeau County, Missouri, located in the City and County of Cape Girardeau, Missouri, submitted by Habitat For Humanity -Cape Area, Inc., a Missouri Nonprofit Corporation, Robin Cole, President, Owner, bearing the certification of Scott A. Richards, a Registered Land Surveyor, dated November 3, 2009, 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 Jay B. Knudtson, Mayor Gayle L. Conrad, City Clerk MAIN REFERENCE SOURCE IS: HABITAT FOR HUMANITY CAPE AREA DOCUMENT #2009 09825 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI BUILDING SETBACKS FOR R-4 ZONING FOR R-4 ZO lMt Si AOC SETBACKS 251 FRO.tT AND REAR SETBACKS (1) FM BU Ull LESS THAN TREE-3TM" IN HEIGHT. /011 THREE- STORY BUILDINGS GCM SIDE YARD SHALL BE NOT LESS THAM BODY (3) FEET. EZ) FOR BUILDINGS LESS THAN TREE -STORIES IN HEIGHT. iOR TREE-STCAY BUILDINGS Col RUR YARD SHALL BE NOT LER TAN YNINTY (") FEET, PUT PROFANED BY AND LAND SURVEYING PROVIDED BY RICHARDS LAND SURVEYING RICNMDS LAND SURVCTING. U.C. 813 GREENBRIER CAPE GIRARDUU. MO. 63701 (573) 333-)473) DEVELOPER OF PROPOSED SUBDIVISION AND PUT PREDA"D FM HABITAT PDR NVMMffY-CIJ'E AREA, INC. A MISSOURI NONPROiR CORPCli 117 N. MIDDLE ST. WE NARDGU. MO. 63701 (573) 334-9728 "CORD OWNER HABITAT FOR HUMANITY -CME AREA. INC. A MISSOURI NONPRONT CgROMnO ROBIN COLE. PRESIDENT FLOOD PLAIN NOTE NO PGRRON OF THE PROPOSED 31.11IgVISIO0 FALLS WRNBI TE 100 YEAR! FIJOOD PMN, AS WDIMTED Off THE RON INSURANCE RATE MM MIAMUNITY PANG MO. 290453 0004 B WITH AN EFFECTIVE DATE CE NOVEMBER 5. low. PUT BOOK RERC CO INGRM•S A00I S11801"i I PUT BOON 1, PACE 6 RECORD PLAT OF REFERENCES RIVER BEND SUBDIVISION DOL.If 143(REFERENCE) IS FOUND Al N" A RESUBDIVISION OF LOT NUMBERED TEN (10) AND PART OF LOT BOOK See, PACE $965 ADJOIHER NUMBERED NINE (9) IN RANGE "M" OF INGRAM'S ADDITION TO THE CITY BOOK q3, PAGE 659 ADJOINEIT SOCK 619, PAGE 9934 ADJOINER OF CAPE GIRARDEAU MISSOURI, AS SHOWN IN PLAT BOOK #1 AT PAGE 59 PRIOR SURVEYS BY PLS $1276 #6 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY MISSOURI. PRIOR SURVEYS BY Pts 1432 PUT BOOK /1, PAGE P6 SUBDIVISION DEDICATION AERIAL, PNOT00RMN 616-719 I I THE UNDERSIGNED HABITAT FOR HUMANITY -CAPE AREA. INC. A MISSOUW NONT'i CORPORATION, ONM[R IN FEe OF ALLOF A TRACT OF LAND AS RECORDED IN DOCUMENT 2009100 HEREBY DECLARE THAT WE HAVE CAUSED SAID TRACT TO BE SUBDIVIDED HEREON AND IT S:.ALL .tif R=AFTER BE KNOWN AS RNER DE.NO SUBDIVISION. SAID SUBDIVIDED TRACT BEING ALLOF LOT NUM51i TEN (10) AND PART OF LOT NUMBERED NINE (9) Of INGRAM'5 ADDITION, RANGE'M" IN THE CITY AND COUNtt OE CAPE GIRARDEAU, STATE OF MISSOURI AND BEING MORE PARTICU'URLY DE5CRIBED BY METES AND BOUNDS AS FOLLONS: BEGINNING at a 5/8' Iron Rod at the Northwest Corner of said Lot Numbered Ten (10); thence 5.63'1 along the 5outh Rlyht-of-Way Line of Mill Street, a distance of 132.75 feet to a 5/5: Iron Rod; thence departima form sad South Rghbd-Way Line, 9.05'475Gw., a dnanaa or 143.40 feet to a 5/6 Iron Rad; thence 5.83'5051'Vi a distance of 135.(4 feet to a 5/8' Iran Rad at He 5outnwest Corner of And lot Numbered Ten 00), also bong on the Gast Runt-oi-way bra of a 10 M. Puble Afey, therce N.05°4T59'E., along said East RRht-o6way, a dotance of 172.18 feet to the POINT OF REGI NNING. Car ah, 20,947 square feet or 0.481 acres, are or Less, as shown in the accompa nymg Plat. 5ub)Ect to umnng Easements of Reaere d a,. FURTr.ER AT DO YEREBY DEDICATE THE EASEMENTS AS 5HOM HEREON TO THE FUELS USE FOREVER AND DO HEREBY IMP05E CERTAIN RESTRICfION5 A5 5ET OUT IN A SEPARATE IN5TRUMENT FILED IN THE LAND RECORDS Of CAPE GIRARDEAU COUNTY M155OURI IN DOCUMENT No, LEGEND T'(PICAu • Si 1/2' RDD MD KM 4 FOUND IRON ROD IS FOUND Al N" go FOUND STONE O CALCULATED CORNER POSITION 0 SET 5/3' IRON ROD AND IUP I off„ Jeo EXISTING F a INTERSCrnON 0 FOUND STONE WM �{ TREE a-•-+ EXISTING FENCE LINE 0 " NOTED In WINDS WHEREOF, HABITAT EOR NUMMRY-CME ARG, INC. I Robin Cala, Prodded hon MrNa M my hand as MM froe ad and dead of old Corpero60n, AM day DEF A.D, 2009. MASITAT TOR HUMANITY -CAPE AREA. INC. A MISSOURI NONPROFn CORPOGTION. Bell Onto. Nholl-.0 On Ala day of A.D., 2009, before me. a Polar, Pli for Sold Count, and Slap, appeard Robin We. ProMdobt of Haiti far Num.hIll-Cape Area, Inv., N me gmnalry l.. one da ehoaue Me foregallp Mtlramonf ae hl. Free ad and flood of fold Corporation(.} I Gayle Conrad• Cody lNerR, of the MY of Cape ONardeov, MlaaouH, hoi oxNfy That Al. pld oa. approved by Me Cry of Cape arardwu, Ntai by andiron. Me. paeeed and eppnrd At. day Of A.D.• 2009. Tile 1. to codify met 1, a NovouH Land 3urnerar, In. neted IMp p�arly d•uWbd above In me otaft. of wherein a Ly Me . d Not, enkn Starve, 1. earned eeand inneeninned 10 me tend of Fray e9BRy, In aonfamwnw ." me . torrent Minimum Standard. forP Bound.rY Sump in Mf Spp of MpewH. GTven ands hi nd and .Sal d Cape Wardwu, bildi AI. 3rd day of MANmMr, A.D. 2003. MISSDIIRI UND 30FRCTOR N0. SUP NIL FOR RECORD TIS _ MY OF 2009 R THE OFFICE OF THE ROMANIA OF DEEDS IN WE NAR AJ) COUNTY AT JACKSON, MISSOURI IN SURVEYORS NAT BOOK NO. _ AT PAGE N0. JAR R06tlR. "CORDER M DEEDS L381:P -. P.O.B. THE NORTHWEST CORNER OF LOT #10, RANGE M' OF INGRAM'S ADD. \ (P.B.#1, PG.#9) NUMBU CE IDN CROWED • 2 MINIMUM LOT WE • 9,996 S0. R. • 0.230 ACRE MAXIMUM LOT SIZE • 10,95t SDE. R. • 0.251 ACNE MILL STREET T Gmi11r e6.a3 r�i9.69 SETBACli A 1 IE O i z °se Nil I p I off„ Jeo IK�*`,, I it 13 GEAR 0 CASEMENT (NOW OR FORMERLY) L mom JDJOINERS CLETUS HANEBRINK BLDG. BLEARS BY BOOK #619 - PAGE #984 1.32' GRAPEIC SCALE no LIFE" 5URVCY W an R River Bend Subdivision 1 IIC(IUIJ CITY OF CAPE GIRARDEAU n SUBDIVISION APPLICATION Project Name: V P/�er/'l'L U0//V/.�/On Project Location: Attach surveyor's legal description on CD in State Plane Coordinates This application is for: LTJ 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) , 0v11 IA C ��.. 01 LN" Record Plat (for minor subdivision) )) 3 10q RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) One and Two Family Residential Multi Family Residential Commercial/Industrial $18.00 per lot $18.00 per dwelling unit $18.00 per acre $90.00 minimum $90.00 minimum $90.00 minimum NOTE: (a) The filing deadline is 3 weeks before the Planning & Zoning Commission meeting held the 2ntl 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: Lx-'eKy/-/lic Firm: 4.1 Cl.. f a f ,tor / Phone: _33y- 97618 Fax E-mail: hTh0zOr0ir6i PROFESSIONAL SURVEYOR/ENGINEER: �FTiT Firm: l�V('rRr f •_)&_r ✓rV Address: _/8/3 �a rPnbrCrl� I' D, (n'rarrdvcu MO 6370/ Phone: 3 ] 7�/7 3 Fax: E-mail: Name: _ Firm: _ Address: Phone: Pon? E-mail: DEVELOPER Name: Firm: Nom 'l0-4 Ar Ourai? Address: 6 oX ll�i CCape ;ra caPau, 0 3 70� Phone: __Fax: E-mail: PI /) o 4) ai rardPa u P va l-)00. rom 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 thatJprm4ag1ion by lbe f ity Council is not unnecessarily delayed. F( NOTES AND/OR CONDITIONS::-.. (initial) Date.- / Reviewed by: Engineering _ 'COPIES TO: Engineering (initial) _ Subdivision File CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 09-264 Agenda December 21, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Ordinance Approving the Record Plat of Cape West Crossings Phase II Amended Dear Mayor and Council Members: This Council agenda item provides for consideration of the record plat of Cape West Crossings Phase II Amended. This four (4) lot subdivision is located south of Bloomfield Street, west of Mount Auburn Road, and East of Interstate 55. This is a Resubdivision of the three (3) lots that were previously subdivided in Cape West Crossings Phase II and one (1) lot from Cape West Crossings Phase I. This plat shows the exchange of property between the City and Mayson Investments along Bloomfield Road and Mount Auburn Road. This also shows a property- line change between Outlot 2 of Phase I and Outlot 3 of Phase IL This is a commercial subdivision by Mayson Investments. This subdivision plat was approved by the Planning and zoning Commission at their meeting on December 9, 2009 with the condition that acceptable plats be submitted to the City. The vote count on the motion to recommend approval was 5 in favor, 0 in opposition, and I abstaining, with Scott Rhodes being the abstention for financial reasons. Revised plats were received, reviewed, and found to be acceptable. It is recommended that the City Council give first reading consideration to the attached ordinance approving the record plat for Cape West Crossings Phase II Amended. Respectfully submitted, Ken Eftmk Assistant City Manager/ Director of Development Services Scott A. Meyer City Manager BILL NO. 09-196 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST CROSSINGS -PHASE II AMENDED BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Cape West Crossings -Phase II Amended, being a Subdivision of All of Outlot #3 and that Part of Outlot #4 and Lot B of Cape West Crossings Phase II, that Part of Outlot #2 of Cape West Crossings -Phase I, and that Part of Lot 3 of Northview Acres, located in the City and County of Cape Girardeau, State of Missouri, submitted by Mayson Investments, LLC, James D. Maurer, Manager, and CWC RE Holdings, LLC, James D. Maurer, Manager, Owners, bearing the certification of Rodney W. Amos, a Registered Land Surveyor, dated December 14, 2009, 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 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk RECORD PLAT OF CAPE WEST CROSSINGS - PHASE II AMENDED ALL CF C M U AIO TUT PAM K O OT w A LM a C CAPE KFBi tli(JB9fgB RU2E l T,AT PNIT O C OT a] CF CN NOTES WLQT CIA'69KH - R4LC t AIO TUT PAM CP LOT ] CP NgMN(=lV AC S, Q M CCURY CF CAPE OPM6:EAU. WAM CF � SUBDWISION DEDICATION -T ------_- '_G�_ _ [ -` a� \ \�;t I OUTLOT#3 \c`es+.aa Acs 0 LOTp 13.ACgFe ounLorw soea.zsesoE. 73,7x1 sa EiY ' -»'•••• ••,•_••• a. IAA - -.-_.-.-...-="%• _ _—_-IF-_--_ __ _ _—_�-_ MOUNTAUBURN ROAD - BD' RAY Profeselonal Englneera d: Lo nd Su rveyora 194 C k.r Lana C., crare.a°. ul..°an as7g� csavxl sc Aye � a.na Wr Nms =Zow -- ___—,_—...—m�—_•-C-----_-r—_—_�- L INTERSTA7EROUTE55-RAN �aul�nae nn .w m M. (NORTHBOUND LANES) ---- ----1---- - 13 E I�@ exm�ew°oe� e�'A'arrern'Imev� F.:u M: :-.'m •'.•'..aA7 _.•-'", LEG ENO s >'� w7 . w' eeuxuc. m°.wmewovaiox..w _ r>a ......a. o w ---------- LOi9«.: FlNsury Mrt ti... o-.., r... �.'"..,..'°:... r,.r 4.470ALRES \. 1 n... +r wrrr _..... / , zzj .... .....ew�.,m �32— e.= �. g. vomT,imrn�//\...../�"'YYY m�. _\ ACCESS ROAOJI 1 YIv \ I M -T ------_- '_G�_ _ [ -` a� \ \�;t I OUTLOT#3 \c`es+.aa Acs 0 LOTp 13.ACgFe ounLorw soea.zsesoE. 73,7x1 sa EiY ' -»'•••• ••,•_••• a. IAA - -.-_.-.-...-="%• _ _—_-IF-_--_ __ _ _—_�-_ MOUNTAUBURN ROAD - BD' RAY Profeselonal Englneera d: Lo nd Su rveyora 194 C k.r Lana C., crare.a°. ul..°an as7g� csavxl sc Aye � a.na fit; Ell a a:. _ lin [$ VI Armstrong Dr FA Legend N =Cape West Crossings Phase tl Amendec St,ee:s milli Citi Linr,s 210 420 Bao Feet 11125/09 —F CITY OF CAPE GIRARDEAU SUBDIVISION APPLICATION Project Name: Cape West Crossings -Phase II -Amended Index # Project Location: Mount Auburn Road and Bloomfield Road This application is for: ❑ Single-family residential ❑ Multi -family x Non-residential ❑ Preliminary Subdivision Plat x Record Plat (of an approved preliminary plat) ❑ Record Plat (for sectionalized development of an approved preliminary plat) Priv -0 ❑ Record Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) One and Two Family Residential Multi Family Residential Commercial/Industrial $18.00 per lot $18.00 per dwelling unit $18.00 per acre $90.00 minimum $90.00 minimum $90.00 minimum NOTE: (a) The filing deadline is 3 weeks before the Planning & Zoning Commission meeting held the 2n° 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: Jeffrey J Maurer Firm: Mayson Investments LLC Address: 1610 N. Kingshiqhwav Suite 301 Cape Girardeau MO 63701 Phone: (573) 450-2285 Fax: E-mail: Jeff. Maurer(a)MaysonCapital.com PROFESSIONAL SURVEYOR/ENGINEER: Name. Chris Koehler PE., PLS Firm: Koehler Engineering and Land Surveying Address: 194 Coker Lane Cape Girardeau MO 63701 Phone: (573)335-3026 Fax: (573)335-3049 E-mail: ckoehlero)koehlerengineerinq.com Name: Firm: Address: Phone Fax: E-mail DEVELOPER Name: Jeffrev J. Maurer Firm: Mayson Investments LLC Address: 1610 N. Kingshiqhwav Suite 301 Cape Girardeau MO 63701 Phone: (573) 450-2285 Fax E-mail: Jeff. Maurer WaysonCapital.com 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 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 format Action by tt)ye City Council is not unnecessarily delayed. Signature of Applicant: ,G u2j a%„_ ���i/1/lM/l Date: W-70-0 CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 09-265 Agenda December 21, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Ordinance Approving the Record Plat of Cape West 13th Subdivision Dear Mayor and Council Members: This Council agenda item provides for consideration of the record plat of Cape West., 13th Subdivision. This two'(2) lot subdivision is located south of Richmond Street and West of Siemers Drive. This is a commercial subdivision by D.S.W. Development Corp. This subdivision plat was approved by the Planning and zoning Commission at their meeting on December 9, 2009. The vote count on the motion to recommend approval was 5 in favor, 0 in opposition, and 1 abstaining, with Scott Rhodes being the abstention for financial reasons. It is recommended that the City Council give first reading consideration to the attached ordinance approving the record plat for the Cape West 13th Subdivision. Respectfully submitted, Ken Eftink Assistant City Manager/ Director of Development Services Scott A. Meyer City Manager BILL NO. 09-197 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST 13TH. SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Cape West 13th. Subdivision, being a Part of United States Private Survey No. 175, T 30 N, R 13 E, of the 5th P.M., located in the City and County of Cape Girardeau, State of Missouri, submitted by DSW Development Corporation, Dennis Vollink, President, and Carolyn F. Bohnert, Vice President, Owner, bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated November 30, 2009, 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 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk 'yuav0 cnu ON LOT .,AD, "'ONTO . ..°..L N I'D v n PAD, NO. 5x5 .1 D. iE;ITn h[n... .u001n slpn,°(EaaDLap. IT . u'.x. ALLY, I'll, '(' - ONerx To.II IC.I IOL: C uu .t x 1111-1L FIDLIA[NENILA FDA ;pp OxE O 510E - , INTO ADJACENT 10 . RESIDENTIAL DI51. III LOT0 ,AN O.tI L0151.€[IIPx.II, t... - IDI x SURVEY MONUMENT NOTES sI Ia apN ON .Iry Ican laps Ill,.... FLOOD PLAIN NOTE: I zlo x.3 0[[ a(u0rE0 I IxE.IL DNM nc[ N aEIP.VPIo nq m°.L"rz a siaau.c�n;�a or N.x.cLNUI .u.c �Ro.rm...Au xE. nn. neIAenENCES: n.. app. n .'AllAll I'll nm avlNISIDII151p.. 51 ...II I I, OF. BI OeN p .Sl e 1.Il'Al D .I w[ INVN.11LEN1 z. FIIT E ALL, IT. tool. 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EF.p09 x°TAaI NBLIC' III ION; Win; I ---- _-------------- ........_ Cril ALAN D. (..E.. P ... AL. ssaal,'EASILY Mx.r ILI' n5I x. IS III N'A11 rl' s o.Nprm 0. (OunC 11 6 I ( (III pl (.e[ LIPNAO(W.F Bp N. I 01xµ<( PASSED wp .e VaOv(0 Ixli ...... ... O Or WE LIa AA DE W, uISSpWI STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU )G IS TO nrt Ix[ x[pJ[v 0'LANNY rx¢x AAl 1.1 'X615 sx x[4w a wl. DI 1 I P[sNn Or LI xw[ P[vx xifp 1.111x x[ SAID 3 ExEG�I[0`Sx Ix TIME CURRENT I1ix;1 W L.AN L.oS Ill AS eP ny, aIFrNpy F NIy P Pnawas. pw I yplDIN. wens ..c A. !Al o p u oln slpx CI Rn Mr I'D I I i YE[,,, w .I OF 41j,(�" L u10 SILxIyw[ rx 15 ----.___._ D.r ZD n 1 n I 1 w^11 f 1_ _ 1_ J:_ I llama CITY OF CAPE GIRARDEAU SUBDIVISION APPLICATION Project Name: Cape West. Subdivision Project Location: Siemers Drive This application is for: ❑ Single-family residential ❑ Multi -family 0 Non-residential ❑ Preliminary Subdivision Plat ❑ Record Plat (of an approved preliminary plat) ❑ Record Plat (for sectionalized development of an approved preliminary plat) EJ Record Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) One and Two Family Residential Multi Family Residential Commercial/Industrial $18.00 per lot $18.00 per dwelling unit $18.00 per acre $90.00 minimum $90.00 minimum $90.00 minimum NOTE: (a) The filing deadline is 3 weeks before the Planning & Zoning Commission meeting held the 2n° Wednesday of each month (except holidays that are observed by the City). (b) The deadline for submittal of revisions necessary to meet Stale 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): Name: Larry Westrich Firm: D.S.W. Development Corp. Address: 101 S. Farrar Cape Girardeau, MO. 63701 Phone: (573) 335-3134 Fax: (573) 335-5125 E-mail: n/a PROFESSIONAL SURVEYOR/ENGINEER. Name: Chris Bowen, RLS Firm: Bowen Enaineerino & Survevino Address: 1078 Wolverine Lane, Suite J Cape Girardeau. MO. Phone: (573) 339-5900 Fax. (573) 339-1391 E-mail: chrisbowen@bowenengsurv.com OWNER (If Different): Name: same Firm: _ Address: Phone: Fax E-mail: DEVELOPER Name: n/a Firm: Address: Phone: Fax 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 maintain compliance with the City of Cape Girardeau Subdivision Regulations and State statutes applicable to the subdivision of land and, that it ismyresponsibility to make certain that all deadlines are met so that f ruralI tion by the City Council is not unnecessarily delayed. Signature of Applicant:6Date: 00y H '279 9 FOR OFFICE USE ONLY NOTES AND/OR CONDITIONS: Received by: (initial) Date: Reviewed by: Engineering (initial) Planning (initial) COPIES TO: Engineering Inspection Services Subdivision File CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 09-266 Agenda December 21, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Ordinance Approving the Record Plat of the Resubdivision of Lots C19, C20, and C21 of the Highlands at Dalhousie Phase III Dear Mayor and Council Members: This Council agenda item provides for consideration of the record plat of the Resubdivision of Lots C19, C20, and C21 of the Highlands at Dalhousie Phase III. This two (3) lot subdivision is located at 5632 Dalhousie and the neighboring lots to the north and south. This is a residential subdivision by Dalhousie, LLC. This record plat shows the exchange of land between the owners of Lots C19, C20, and C21 due to a house being constructed on Lot C20 that did not meet setbacks and was constructed on an existing easement. This record plat solves the setback issues by moving the property lines accordingly. This plat also solves the easements by vacating the easements that were constructed on and relocating the easements on the north and south sides of the house. This subdivision plat was approved by the Planning and zoning Commission at their meeting on December 9, 2009. The vote count on the motion to recommend approval was 6 in favor, 0 in opposition, and 0 abstaining. It is recommended that the City Council give first reading consideration to the attached ordinance approving the record plat for the Resubdivision of Lots C19, C20, and C21 of the Highlands at Dalhousie Phase III. Respectfully submitted, Ken Eftink Assistant City Manager/ Director of Development Services `'� Scott A. Meyet' City Manager BILL NO. 09-198 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF A RESUBDIVISION OF LOTS C19, C20, AND C21 OF THE HIGHLANDS AT DALHOUSIE-PHASE III 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 C19, C20, and C21 of The Highlands at Dalhousie -Phase III, being that Part of U.S.P.S. 193 in Township 30 North, Range 13 East of the Fifth Principle Meridian, located in the City and County of Cape Girardeau, State of Missouri, submitted by Dalhousie L.L.C., Drake Holdings LLC, Shawn Parker and Danna B. Parker, Husband and Wife, Charles W. Hawkins and Margaret E. Hawkins, Husband and Wife, and The Jana L. Gile Revocable Trust U/A/D March 6, 2003, Owners, bearing the certification of Christopher L. Koehler, a Registered Land Surveyor, dated December 1, 2009, 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 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk PLAT OF A NOTES nM10 PLAT PREPARED fl)R. w `w.rve ue um. I(OING SLTIBALM (11R R—i ZrINING) LANOT 51/NVEYINL SCRVIC£5 PRO VIALD BY: L•'ecseMerrs� 1£9 "` . «. o.R,x w.. � .., �. �oa - •� LEGEND VICINITY MAP I OF COVMY OF CAPE C RAROEAV. STAM OF 41F:.dJRI. / �yc5"rr 8 0 nae0n EFFEC­ -1 GRAPXIC SCALE SUBDIVISION DEDICATION ... .. V ..... ...................M�.. ,..�.�..—P,�... NOTES IZES EOE p LPER r DIv x>ry LAw PFCPnFED Pt)R fl)R. ' .)ami.::r ri) uii vuauv ro.im tlVILO1NLw3 X (ir1R R-1 ZOI+�NL) r \ q oT PREPARED Bl n'L L SFVIRVV YDI NDG I' vIEFS wEMENTS m „o w r or. urtnK uu u.rs u. revv MAP A RESUBDIVISION OF LOU NDS AT DALH01 H, RANGE 13 EAST OF THE FIFlN PRINCNLE MERIDIAN IN TIE CILT a,�xc by �na vnm wvn.rw.r / AND C21 OF r \ am.arr ua L nm .ar \\\�'=l,j w..�r...n...r...r...r...r..w..r..n..�.r..r.yrr. n...rr...,.r. \ uimZa rr 4 \ dPARDEAU, STALE OF MISSOOM. +•T a..oew. u. s., r _ i \ r., r \ \ _ _ I m.. Yp It I—I I I C19 w5wur1p SCRaPHwIC5N9C III C I .S� \irw aLF�[n y0^Y^ I I', w•O�yf I d r Dm�Os^� i1 m 1 ^"�,�• by �na vnm wvn.rw.r / AND C21 OF r \ am.arr ua L nm .ar \\\�'=l,j w..�r...n...r...r...r...r..w..r..n..�.r..r.yrr. n...rr...,.r. \ SUBDIVISION DEDICATION PHASE III dPARDEAU, STALE OF MISSOOM. +•T a..oew. u. s., r _ r., \ A A Yp It I—I w5wur1p SCRaPHwIC5N9C At \irw aLF�[n C20C20 \ •T'' k .r. d.Am..' / h. ..n.. ...AITZ SII �. .. r\ys w.n � w•'r.rw ir.+ .�. n.. w�..._ rx` \�� oumn bMA _ nY Nmb rN _`J/�� �• xn r... ..r n.. ..r ... ..�.r...r u.0 r..... .+w. rn.. \ A A Yp It I—I w5wur1p SCRaPHwIC5N9C \irw aLF�[n - / Resub of Lots 19-21 of The Highlands at Dalhousie Phase III CITY OF CAPE GIRARDEAU SUBDIVISION APPLICATION Project Name: Re -Sub of Lots C19 -C21 of the Highlands at Dalhousie Index Project Location: Attach surveyor's legal description on CD in State Plane Coordinates This application is for: [D 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) aFY Cl Record Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) One and Two Family Residential Multi Family Residential Commercial/Industrial $18.00 per lot $18.00 per dwelling unit $18.00 per acre $90.00 minimum $90.00 minimum $90.00 minimum NOTE: (a) The filing deadline is 3 weeks before the Planning & Zoning Commission meeting held the 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 Different): Name: Chris Koehler, PE, PLS Firm Koehler Engineering &Land Surveying, Inc. Address. 194 Coker Lane, Cape Girardeau MO 63701 Phone: (573) 335 - 3026 Fax (573) 335 - 3049 E-mail: ckoehler(a)koehlerengineering com PROFESSIONAL SURVEYOR/ENGINEER: Name: Chris Koehler, PE, PLS Firm: Koehler Engineering & Land Surveying, Inc. Address: 194 Coker Lane Cape Girardeau, MO 63701 Phone: (573) 335 - 3026 Fax: (573) 335 - 3049 E-mail: ckoehlerPkoehlerengineedng.com Name: Dr. Shawn D. Parker, Eta] Firm: N/A Address: 5632 Dalhousie Drive Cape Girardeau MO 63701 _ Phone: (573)334-7156 Fax (N/A) E-mail: sparker((1wespecialeyes com DEVELOPER Name:_ Firm. _ Address Phone E-mail: 1, the undersigned, do hereby state that 1 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 appli able to the subdivision of land and, that it is my responsibility to make certain that all deadlines are met sc tha or al acf- Cit until is not unnecessarily delayed. Signature of Applicant:- - Date: Dec. 1, 2009 NOTES AND/OR CONDITIONS: Received by: (Initial) Date. Reviewed by: Engineering COPIES TO. Engineering FOR OFFICE USE ONLY (initial) Planning (initial) Inspection Services Subdivision File CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 09-267 Agenda 12-21-09 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Modification to Weed Ordinance Dear Mayor and Council Members: Attached for your eonsideration is an ordinance which requires property owners to maintain the grassy areas of public right-of-way which abuts their property. For the most part, this property will include grassy areas between the sidewalk and the street, as well as any grassy areas of public right-of- way that abuts the individual's property. The new ordinance is actually consistent with our current enforcement and is primarily being proposed to clear up any ambiguity as to whose responsibility it is to maintain these grassy areas of public right-of-ways. Respectfully submitted, 4K4niso4n Chief of Police City Manager Bill No. 09-204 Ordinance No. AN ORDINANCE AMENDING SECTION 22-111(a) OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING WEEDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 22-111(a) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: (a) It shall be unlawful for the owner of any property in the city, or any lessee or any occupant having control of such property, to allow any growth of weeds, grass or poisonous or harmful vegetation a greater height than ten (10) inches on the average within two hundred (200) feet of any building or one hundred (100) feet of any improved street, or any accumulation of dead weeds, grass or brush, within two hundred (200) feet of any building or one hundred (100) feet of any improved street. is hereby repealed in its entirety, and a new Section 22-111(a) is hereby enacted in lieu thereof, in words and figures, to read as follows: (a) It shall be unlawful for the owner of any property in the city, or any lessee or any occupant having control of such property, to allow any growth of weeds, grass or poisonous or harmful vegetation a greater height than ten (10) inches on the average within two hundred (200) feet of any building or one hundred (100) feet of any improved street, or any accumulation of dead weeds, grass or brush, within two hundred (200) feet of any building or one hundred (100) feet of any improved street. Whenever such private property abuts a public right-of-way or easement belonging to the City of Cape Girardeau, or any public entity, and there exists in such right-of- way or easement a tree lawn or grassy area between the private property line and the midline of said right-of-way or easement, then such tree lawn or grassy area shall be considered, for purposes of this Section requiring cutting of grass or weeds, to be a part of the private lot which abuts the right-of-way or easement, and it shall be the duty of those responsible under this Section for the maintenance of the private lot to equally maintain the tree lawn or grassy area within the abutting right-of-way or easement, and all of the provisions of this Section shall apply with equal force and effect to said tree lawn or grassy area. 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 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad City Clerk 20 CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 09-268 Agenda December 21, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Ordinance Authorizing $1,000,000 in Waterworks System Revenue Bonds through the State of Missouri — Direct Loan Program - ARRA Dear Mayor and Council Members: o At the October 5, 2009 Council Meeting you authorized a contract with R.L. Persons Construction, Inc. in the amount of $1,937,107.00 for construction of a raw water transmission main from the supply wells to treatment plant #1. The project will be funded by bonds issued through the State of Missouri — Direct Loan Program - ARRA and $1,000,000 in funds resulting from the American Recovery and Reinvestment Act of 2009. The City intends to use the remaining bond authorization approved by voters in 1996 and issue $1,000,000 in bonds. This ordinance would authorize the issuance of those bonds. No current rate increase will be required because of the issuance of these bonds. Future rate increases wilt be required to cover normal increases in future operating expenses. �Reesypee�ciifi lly submitted, John R. Richbourg _ Scott A. Meyer Finance Director City Manager BILL NO. 09-205 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,000,000 PRINCIPAL AMOUNT OF WATERWORKS SYSTEM REVENUE BONDS (STATE OF MISSOURI — DIRECT LOAN PROGRAM — ARRA) SERIES 2010 OF THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR THE PURPOSE OF EXTENDING AND IMPROVING THE CITY'S WATERWORKS SYSTEM; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND THE AGREEMENTS MADE BY THE CPCY TO FACILITATE AND PROTECT THEIR PAYMENT AND PRESCRIBING OTHER RELATED MATTERS WHEREAS, the City of Cape Girardeau, Missouri (the "City") is a municipal corporation and constitutional charter city operating under a home rule form of government, organized and existing under the constitution and laws of the State of Missouri; and WHEREAS, the City now owns and operates a revenue producing waterworks system, serving the City, its inhabitants and others within its service area, including connected and related appurtenances and facilities and extensions, improvements, additions and enlargements made or acquired by the City after the date of this Ordinance (the "System"); and WIfEREAS, the City desires to acquire, construct, extend and improve the System, such extensions and improvements to be financed in part by the issuance by the City pursuant to this Ordinance of its Waterworks System Revenue Bonds (State of Missouri — Direct Loan Program — ARRA) Series 2010 (the "Bonds") in the maximum principal amount of $1,000,000 (the "Maximum Principal Amount"); and WHEREAS, to provide for the most cost-effective financing of the Project, the City desires to participate in the State of Missouri Direct Loan Program (the "Direct Loan Program") of the Missouri Department of Natural Resources ("DNR") and the Safe Drinking Water Commission of the State of Missouri (the "Commission"); and WHEREAS, the City is authorized under the provisions of Section 91.010 of the Revised Statutes of Missouri (the "Act") to issue and sell revenue bonds for the purpose of paying all or part of the cost of extending and improving the System, with the cost of operation and maintenance of the System and the principal of and interest on revenue bonds payable solely from the Net Revenues (as defined below); and WI-fEREAS, pursuant to the Act, a special bond election was duly held in the City on November 5, 1996 (the "Election") on the following proposition: PROPOSITION 2 Shall the City of Cape Girardeau, Missouri, issue its waterworks system revenue bonds in the amount of $26,500,000 for the purpose of acquiring, constructing, extending and improving the waterworks system of the City? The authorization of the bonds will authorize the City Council to fix, establish, maintain and collect rates and charges for the services provided by said system as will produce income and revenues sufficient to provide funds to pay the costs of operation and maintenance of the system and the principal of and 1 interest on the bonds as they become due and to provide for the establishment of reasonable — reserves therefor, any provision of the City's charter to the contrary notwithstanding. and it was found and determined that more than a simple majority of the qualified electors of the City voting on the proposition had voted in favor of the proposition, the vote having been 8,236 votes for the proposition and 4,873 votes against the proposition; and WHEREAS, the City Council (the "Governing Body") of the City has caused plans and specifications for the Project and a cost estimate to be made by the Consulting Engineer (as defined below); and WHEREAS, the plans and specifications and the cost estimate are accepted and approved and are oil file in the office of the City Clerk, the amount of the estimated cost being not less than the sum of the Maximum Principal Amount and the initial maximum amount of the grant ($1,000,000) as described in the Grant Agreement (defined below); and WHEREAS, $25,495,000 of the bonds authorized at the Election have been issued, and the City finds and determines that it is necessary and advisable and in the best interest of the City and of its inhabitants to issue the Bonds; and WHEREAS, by Ordinance No. 2451 adopted on November 18, 1998 (the "Series 1998 SRF Ordinance"), the City has issued its Waterworks System Revenue Bonds (State Revolving Fund Program) Series 1998 (the "Series 1998 SRF Bonds"), dated December 1, 1998, in the original principal amount of $25,495,000, of which $16,375,000 remains outstanding as of the date of adoption of this Ordinance; and WHEREAS, by Ordinance No. 3575 adopted on November 21, 2005 (the "Series 2006A Ordinance," together with the Series 1998 SRF Ordinance, the "Outstanding Parity Bond Ordinance"), the City has issued its Waterworks System Refunding Revenue Bonds, Series 2006A (the "Series 2006A Bonds," together with the Series 1998 SRF Bonds, the "Outstanding Parity Bonds"), dated January 1, 2006, in the original principal amount of $7,160,000, of which $4,485,000 remains outstanding as of the date of adoption of this Ordinance; and WHEREAS, the City, upon the issuance of the Bonds, will not have outstanding any other bonds or other obligations payable from the Net Revenues other than the Outstanding Parity Bonds and the Bonds; and WHEREAS, under the provisions of the Outstanding Parity Bond Ordinance, the City may issue additional bonds payable out of the Net Revenues that are on a parity with the Outstanding Parity Bonds, only if certain conditions are met; and WHEREAS, it is hereby found and determined that it is necessary and advisable and in the best interest of the City and its inhabitants that revenue bonds be issued and secured in the form and manner provided in this Ordinance and be sold to DNR under the Direct Loan Program, and to provide the remainder of costs of extending and improving the System which may be required from subsequent issues of bonds or fiords of the City otherwise available. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: -2- ARTICLE I DEFINITIONS Section 101. Definition of Words and Terms. Capitalized words and terms not otherwise defined in this Ordinance have the meanings set forth in the Purchase Agreement and the Escrow Agreement (each as defined below). In addition to the foregoing and words and terms defined in the Recitals and elsewhere in this Ordinance, capitalized words and terms have the following meanings in this Ordinance: "Administrative Expense Fund" means the fund designated as such and established by Section 4 of the Escrow Agreement. The Administrative Expense Fund does not constitute part of the Direct Loan Program. "Administrative Fee" means the semiannual administrative fee of DNR equal to 0.25% of the aggregate amount of the Bonds Outstanding as of each Administrative Fee Calculation Date (including the final maturity date of the Bonds), payable to the Paying Agent within 30 days after the City's receipt of a statement from the Paying Agent for deposit to the Administrative Expense Fundand subsequent transfers to DNR as described in Section 9 of the Escrow Agreement. "Administrative Fee Calculation Date" means the Business Day preceding each Principal Payment Date. "Authority" means the State Environmental Improvement and Energy Resources Authority, a body corporate and politic and a governmental instrumentality of the State. "Authority Program Bonds" means any bonds of the Authority issued under the SRF Leveraged Program, all or a portion of the proceeds of which are loaned to the City pursuant to the SRF Leveraged Program. "Authorized Representative" means the representative of the City designated as such by the City in accordance with the Regulations. "Bond Debt Service" means the amount of the principal of and interest due on the Bonds on the date of calculation required in this Ordinance. "Bond Register" means the books for the registration, transfer and exchange of Bonds kept at the office of the Paying Agent. "Bonds" means the Waterworks System Revenue Bonds (State of Missouri — Direct Loan Program — ARRA) Series 2010 authorized and issued under this Ordinance. "Capital Improvement Sales Tax" means the sales tax for capital improvements at the rate of one— fourth of one percent ('A of 1%) on the receipts from all retail sales within the City, authorized by the Capital Improvement Sales "fax Ordinance, imposed upon all sellers within the City for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail to the extent provided by law, pursuant to the Capital Improvement Sales `fax Ordinance. "Capital Improvement Sales Tax Ordinance" means Ordinance No. 2032 of the City imposing a sales tax at a rate of 'A of 1% on the receipts from all retail sales of property or services within the City -3- which are subject to taxation as provided by law and any ordinance of the City authorizing an extension of the sales tax authorized by Ordinance No. 2032. "Capital Improvement Sales Tax Revenues" means the net revenues of the Capital Improvement Sales Tax received by the City under the Capital Improvement Sales Tax Ordinance and deposited in the Capital Improvement Sales Tax Revenue Fund. "Capital Improvement Sales Tax Revenue Fund" means the Capital Improvement Sales Tax Revenue Fund ratified and confirmed in Section 401. "Closing Date" means the date of the initial issuance and delivery of the Bonds "Construction Fund" means the Construction Fund established by Section 4 of the Escrow Agreement. "Consultant" means the Consulting Engineer, an independent certified public accountant or a firm of independent certified public accountants. "Consulting Engineer" means each independent engineer or engineering firm with experience in designing and constructing water production and transmission facilities, and retained by the City. "Cumulative Principal Amount Outstanding" means the sum of (i) the purchase price of the Bonds paid by the Owner to the Paying Agent on the Closing Date in accordance with the Purchase Agreement and deposited into the funds pursuant to Section 403, and (ii) each additional Purchase Price Installment, as notated on the Bonds by the Paying Agent, less the principal amount redeemed pursuant to Article III. "Current Expenses" means all reasonable and necessary expenses of ownership, operation, maintenance and repair of the System and keeping the System in good repair and working order, determined in accordance with accounting principles generally accepted in the United States of America, including current maintenance charges, expenses of reasonable upkeep and repairs, salaries, wages, costs of materials and supplies, Paying Agent fees and expenses, annual audits, periodic Consultant's reports, properly allocated share of charges for insurance, the cost of purchased water, gas and power, obligations (other than for borrowed money or for rents payable under capital leases) incurred in the ordinary course of business, liabilities incurred by endorsement for collection or deposit of checks or drafts received in the ordinary course of business, short-term obligations incurred and payable within a particular Fiscal Year, obligations incurred for the purpose of leasing (pursuant to a true or operating lease) equipment, fixtures, inventory or other personal property, and all other expenses incident to the ownership and operation of the System, but excluding interest paid on System Revenue Bonds, depreciation, amortization and other noncash charges (including payments into the Depreciation and Replacement Account), and all general administrative expenses of the City not related to the operation of the System. "Debt Service Fund" means the Debt Service Fund established by Section 4 of the Escrow Agreement. "Debt Service Reserve Account" means the Special Participant Bond Reserve Account established by Section 4 of the Escrow Agreement. "Debt Service Reserve Requirement" means an amount equal to $28,500. "Defeasance Securities" means: -4- (a) Federal Securities; (b) obligations of the Resolution Funding Corporation or any successor, but only if the use of the obligations to pay and discharge Bonds pursuant to Article X will cause the discharged Bonds to be rated in the highest long-term category by the Rating Agency; or (c) obligations of any state of the United States of America or of any agency, instrumentality or local government unit of any state that: (i) are not callable at the option of the obligor prior to maturity or for which irrevocable instructions have been given by the obligor to call on the date specified in the instructions, and (ii) are fully secured as to principal, redemption premium and interest by a fund, consisting of cash or Federal Securities, that: (A) may be applied only to the payment of principal, redemption premium and interest on the obligations, and (B) is sufficient, as verified by an independent certified public accountant, to pay the principal, redemption premium and interest on the obligations. "Depreciation and Replacement Account" means the fund or account designated as such and created or ratified by Section 401. "Escrow Agreement" means the Escrow "frust Agreement dated as of January 1, 2010, between the City and the Paying Agent, as supplemented, modified or amended in accordance with its terms, related to the Bonds. "Federal Securities" means any direct obligation of, or obligation the timely payment of the principal of and interest on which is unconditionally guaranteed by, the United States of America and backed by its full faith and credit. "Funds Transfer Method" means electronic transfer in immediately available funds, automated clearing house (ACH) funds, or other method approved by DNR at the written request of the City with written notice to the Paying Agent. "Grant Agreement" means the Financial Assistance Agreement dated on or prior to the Closing Date, between the City and DNR, in the maximum amount of $1,000,000 (or such higher amount as may be approved by the Commission and DNR), together with all related attachments, as supplemented, modified or amended by the City and DNR. "Interest Payment Date" means each January I and July 1, commencing July 1, 2010. "Interest Rate" means the annual rate equal to 30% of the Revenue Bond Index as published in The Bond Buver most recently prior to the Closing Date, rounded up to the nearest 0.0 1 %. "Investment Securities" means any of the following securities that are legal for the investment of funds of the City at the time of purchase: -5- (a) Federal Securities; (b) Direct and general obligations of the State, the payment of the principal of and interest on which the full faith and credit of the State is pledged; (c) Obligations of the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Financing Bank, the Federal Intermediate Credit Corporation, Federal Banks for Cooperatives, Federal Land Banks, Federal Home Loan Banks, Farmers Home Administration and Federal Home Loan Mortgage Corporation; (d) Deposits which are either (1) continuously and fully insured by the Federal Deposit Insurance Corporation, or (2) continuously and fully secured by such securities as are described above in clauses (a) through (c), which shall have a market value, exclusive of accrued interest, at all times at least equal to the principal amount of such certificates of deposit or time deposits, in one or more of the following institutions: banks, trust companies or savings and loan associations (including without limitation, the Paying Agent or any bank affiliated with the Paying Agent) organized under the laws of the United States of America or any state thereof; (e) Money market mutual funds that are invested in Federal Securities or repurchase agreements that are collateralized by Federal Securities; and (f) Any other securities or investments that are lawful for the investment of moneys held in such finds or accounts under the laws of the State of Missouri. "Net Revenues" means Revenues less Current Expenses. "Operation and Maintenance Account" means the fiend or account designated as such and created or ratified by Section 401. "Ordinance" means this Ordinance as from time to time amended in accordance with its terms. "Outstanding" means, as of the date of determination, all Bonds issued and delivered under this Ordinance, except: (1) Bonds canceled by the Paying Agent or delivered to the Paying Agent for cancellation; (2) Bonds for the payment of the principal or redemption price of and interest on which money or Defeasance Securities are held under Section 1001; (3) Bonds in exchange for which, or in lieu of which, other Bonds have been registered and delivered pursuant to this Ordinance; and (4) Bonds allegedly mutilated, destroyed, lost, or stolen and paid under Section 208. "Owner" means DNR or any assignee, successor or transferee of DNR under the Direct Loan Program or the SRF Leveraged Program. "Parity Bonds" means the Outstanding Parity Bonds and any other parity bonds issued under Section 802 payable from the Net Revenues on a parity basis with the Bonds. 1.2 "Parity Ordinance" means this Ordinance, the Outstanding Parity Bond Ordinance and the ordinances under which any other Parity Bonds are issued. "Paying Agent" means UMB Bank, N.A., the paying agent and escrow agent, and its successors and assigns acting at any time as Paying Agent and Escrow Agent under this Ordinance and the Escrow Agreement. "Principal Payment Date" means each January I and July 1, commencing January 1, 2011, and any date on which the Bonds are optionally redeemed in accordance with Section 301. "Purchase Agreement" means the Purchase Agreement dated as of January 1, 2010, between the City and DNR, as supplemented, modified or amended in accordance with its terns, related to the Bonds. "Purchase Price Installment" means the amount paid by DNR from time to time in accordance with Section 3.3 of the Purchase Agreement and deposited in the Construction Fund or otherwise in accordance with Section 403. "Quarterly Payment Date" means each March 15, June 15, September 15 and December 15. "Rating Agency" means Moody's Investors Service, Inc. or Standard & Poor's Ratings Services. "Record Date" for the interest payable on any Interest Payment Date means the 25th day (whether or not a Business Day) of the calendar month next preceding the applicable Interest Payment Date. "Repayment Fund" means the fund designated as such and established by Section 4 of the Escrow Agreement. The Repayment Fund does not constitute part of the Direct Loan Program. "Revenue Fund" means the fund or account designated as such and created or ratified by Section 401. "Revenues" means all income and revenues derived by the City from the System, including investment and rental income, net proceeds from business interruption insurance, sales tax revenues which have been annually appropriated by the City or which are limited solely to the payment of improvements to or expenses of the System, and any amounts deposited in escrow in connection with the acquisition, construction, remodeling, renovation and equipping of facilities to be applied during the period of determination to pay interest on System Revenue Bonds, but excluding any profits or losses on the early extinguishment of debt or on the sale or other disposition of investments or fixed or capital assets not in the ordinary course of business. "SRF Leveraged Program" means the Missouri Leveraged State Drinking Water Revolving Fund Program and the Missouri Leveraged State Water Pollution Control Revolving Fund Program. "SRF Leveraged Program Bonds" means any bonds of the City issued in connection with the City's participation in the SRF Leveraged Program. "SRF Subsidy" means the amount of investment earnings which will accrue on the Reserve Account during each Fiscal Year (taking into account scheduled transfers from the Reserve Account which will occur upon the payment of principal on Authority Program Bonds and assuming that the construction for the applicable project has been completed), if the balance in the Reserve Account is equal to the Reserve Percentage of the principal amount of the SRF Leveraged Program Bonds outstanding, the Reserve Account is invested in an investment agreement at a fixed rate during the calculation period and earnings are reduced by the Administrative Fee payable to DNR. Administrative Fee, Reserve Account and Reserve Percentage as used in this definition have the respective meanings set forth in the bond indentures for the applicable Authority Program Bonds. "State" means the State of Missouri. "Stated Maturity" means January 1, 2030, the final maturity date of the Bonds. "Surplus Account" means the fund or account created or ratified in Section 401. "System Revenue Bonds" means, collectively, the Bonds, the Outstanding Parity Bonds and all other revenue bonds which are payable from the Net Revenues, "User Charge Ordinance" means Ordinance No. 4040, passed June 15, 2009, as amended, supplemented or replaced. ARTICLE II AUTHORIZATION OF BONDS Section 201. Authorization of Bonds. The Bonds are authorized and directed to be issued in the Maximum Principal Amount subject to the terms and for the purposes of this Ordinance. Upon the Completion of Funding pursuant to the Purchase Agreement, the principal amount of the Bonds issued under this Ordinance will be the Cumulative Principal Amount Outstanding as of the Completion of Funding plus the principal amount previously redeemed pursuant to Article III. The remaining voted authorization, if any, will be the voted amount less the amount issued as calculated pursuant to the preceding sentence. Section 202. Security for Bonds. (a) The Bonds are special, limited obligations of the City payable solely from, and secured by a pledge of, the Net Revenues. The taxing power of the City is not pledged to the payment of the Bonds. The Bonds do not constitute a general obligation of the City or an indebtedness of the City within the meaning of any constitutional, statutory or charter provision, limitation or restriction. (b) The Bonds are issued on a parity with the Outstanding Parity Bonds. Section 203. Description of Bonds. The Bonds consist of registered bonds without coupons, numbered from R -I consecutively upward, in the denomination of $100 or any integral multiple of $0.01 in excess thereof. The Bonds will be issued in substantially the form of Exhibit A and will be registered, transferred and exchanged as provided in Section 206. The Bonds are dated the Closing Date. The Bonds will mature and become clue on the Stated Maturity (subject to optional and mandatory redemption prior to Stated Maturity as provided in Article III). The Bonds will bear interest on the Cumulative Principal Amount Outstanding at the Interest Rate from the Closing Date and the date of receipt of each Purchase Price Installment by the Paying Agent pursuant to the Purchase Agreement (as set forth on Schedule A to a Bond) or from the most recent Interest Payment Date to which interest has been paid or provided for. Interest is computed on the basis of a 360 -day year of twelve 30 -day months and is payable on each Interest Payment Date. -8- Section 204. Designation of Paving Agent. The City has designated the Paying Agent as the City's paying agent for the payment of the principal of and interest on the Bonds, bond registrar for the registration, transfer and exchange of Bonds and escrow agent with respect to the funds established with the Paying Agent under the Escrow Agreement. Section 205. Method and Place of Payment of Bonds. (a) Payment of the Bonds will be made with any coin or currency that is legal tender for the payment of debts due the United States of America on the payment date. (b) The payment of the principal of and redemption premium, if any, payable on each Bond at Stated Maturity or upon earlier redemption and the interest payable on each Bond on any Interest Payment Date will be made by check or draft mailed by the Paying Agent to the address of the Owner shown in the Bond Register. The principal of and redemption premium, if any, and interest on the Bonds is payable by electronic transfer in immediately available federal funds to a bank in the continental United States of America pursuant to instructions from any Owner received by the Paying Agent prior to the Record Date. (c) Payments of principal on the Bonds pursuant to Article III may be made directly to the Owner without surrender of any Bond to the Paying Agent. Accordingly, any transferee of a Bond should verify with the Paying Agent the principal of the Bond outstanding prior to such purchase or transfer, and the records of the Paying Agent shall be conclusive for such purposes. (d) The Paying Agent will keep a record of payment of principal of, redemption premium, if any, and interest on all Bonds and, at least annually at the request of the City, will forward a copy or summary of the record of payments to the City. (e) The Bonds will be held by the Paying Agent in trust for each Owner, unless the Paying Agent is otherwise directed in writing by an Owner. Section 206. Registration Transfer and Exchange of Bonds. (a) The City will cause the Paying Agent to keep the Bond Register. Each Bond when issued will be registered in the name of the Owner on the Bond Register. Bonds will be transferred and exchanged only upon the Bond Register. (b) Upon surrender of any Bond at the payment office of the Paying Agent in St. Louis, Missouri (or other office designated by the Paying Agent), the Paying Agent will transfer or exchange the Bond for a new Bond or Bonds in any authorized denomination of the same Stated Maturity and in the same aggregate principal amount as the Bond which was presented for transfer or exchange. All Bonds presented for transfer or exchange must be accompanied by a written instrument of transfer or authorization for exchange, in a form and with guarantee of signature satisfactory to the Paying Agent, duly executed by the Owner or by the Owner's authorized agent. All Bonds presented for transfer or exchange must be surrendered to the Paying Agent for cancellation. (c) For every exchange or transfer of Bonds the City or the Paying Agent may levy a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid for the exchange or transfer. The person requesting the exchange or transfer must pay the charge. Payment of the charge is a condition precedent to the exchange or transfer. If any Owner fails to provide a correct taxpayer identification number to the Paying Agent, the Paying Agent may make a charge against the Owner sufficient to pay any governmental charge required to be paid as a result of such failure. In -9- compliance with Section 3406 of the Internal Revenue Code of 1986, as amended, this amount may be deducted by the Paying Agent from amounts payable to the Owner under this Ordinance and the Bonds. (d) The City and the Paying Agent will treat the person in whose name any Bond is registered on the Bond Register as the absolute owner of the Bond, whether or not payment of the Bond is overdue, for the purpose of receiving payment of the principal of, redemption premium, if any, and interest on the Bond and for all other purposes. All payments made to any Owner or upon the Owner's order will be valid and effectual to satisfy and discharge the City's liability for payment of the Bond to the extent of the sum or sums paid. Neither the City nor the Paying Agent will be affected by any notice to the contrary. (e) At reasonable times and under reasonable rules established by the Paying Agent, the Owners of 25% or more in principal amount of the Outstanding Bonds, or their representative designated in a manner satisfactory to the Paying Agent, may inspect and copy the Bond Register. Section 207. Execution, Authentication and Delivery of Bonds. (a) Each Bond must be signed by the manual or facsimile signature of the Mayor and attested 'e the manual or facsimile signature of the City Clerk, and have the official seal of the City affixed or imprinted thereon. If any officer whose manual or facsimile signature appears on any Bond ceases to be an officer before the delivery of any Bond signed by the officer, the manual or facsimile signature on the Bond will be valid and sufficient for all purposes of this Ordinance. (b) The Mayor and the City Clerk are directed to prepare and execute the Bonds as specified in this Article, and when executed, to deliver the Bonds to the Paying Agent for authentication. Each Bond will be authenticated by any authorized signatory of the Paying Agent. No Bond is entitled to any security or benefit under this Ordinance or is valid or obligatory for any purpose until authenticated by the Paying Agent. (c) Prior to the Completion of Funding, promptly upon the receipt by the Paying Agent of each Purchase Price Installment paid by the Owner in accordance with the Purchase Agreement, an authorized signatory of the Paying Agent will endorse Schedule A to a Bond with the date of receipt of the Purchase Price Installment, the amount of the Purchase Price Installment and the resulting Cumulative Principal Amount Outstanding. No further entries to Schedule A will be made after the Completion of Funding. Section 208. Mutilated, Destroyed, Lost and Stolen Bonds. (a) If (i) any mutilated Bond is surrendered to the Paying Agent, or the City and the Paying Agent receive evidence to their satisfaction of the mutilation, destruction, loss or theft of any Bond, and (ii) there is delivered to the City and the Paying Agent security or indemnity as required by them, in the absence of notice to the City or the Paying Agent that the Bond has been acquired by a bona fide purchaser, the City will execute and the Paying Agent will register and deliver, in exchange for or in lieu of any mutilated, destroyed, lost or stolen Bond, a new Bond of the same Stated Maturity and of like tenor and principal amount. If the Bond has become or is about to become due, the City may pay the Bond instead of issuing a new Bond. (b) Upon the issuance of any new Bond under this Section, the City or the Paying Agent may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge imposed and any other expenses (including the fees and expenses of the Paying Agent) connected with the issuance of the Bond. 10- (c) Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Bond will constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost or stolen Bond is enforceable by anyone at any time, and will be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. Section 209. Cancellation and Destruction of Bonds Upon Payment. All Bonds which have been paid or redeemed or which have otherwise been surrendered to the Paying Agent, either at or before Stated Maturity, will be canceled immediately upon the payment or redemption and the Paying Agent's receipt of the Bonds. The Paying Agent will periodically destroy canceled Bonds. The Paying Agent will execute a certificate in duplicate describing the destroyed Bonds and file an executed counterpart of the certificate with the City. Section 210. Sale of the Bonds; Authorization and Execution of Documents. (a) The Bonds will be sold to the Owner at the purchase price of 100% of the initial installment paid on the Closing Date plus each Purchase Price Installment made by the Owner thereafter pursuant to Section 3.3 of the Purchase Agreement, without accrued interest. (b) The City is authorized to enter into the Purchase Agreement, the Escrow Agreement and the Grant Agreement, in substantially the forms presented to the Governing Body. The Mayor is authorized to execute the Purchase Agreement, the Escrow Agreement and the Grant Agreement for and on behalf of and as the act and deed of the City, with changes approved by the Mayor, which approval will be conclusively evidenced by the signature of the Mayor of the City. The Mayor is further authorized and directed to execute other documents, certificates and instruments that are necessary or desirable to carry out the intent of this Ordinance. The City Clerk is authorized and directed to attest the execution of the Purchase Agreement, the Escrow Agreement and the Grant Agreement and any other documents, certificates and instruments that are necessary or desirable to carry out the intent of this Ordinance. Section 211. Administrative Fee and PayinpAgent's Fee. Subject to Section 202, the City will pay to the Paying Agent, within 30 days after receipt of a statement from the Paying Agent, (i) the Administrative Fee, and (ii) an amount equal to the Paying Agent's fees and expenses as provided in the Escrow Agreement. ARTICLE III REDEMPTION OF BONDS Section 301. Optional Redemption. At the option of the City, with the prior written consent of the Owner, Bonds may be called for redemption and payment prior to Stated Maturity in whole or in part at any time, at the redemption price of 100% of the principal amount thereof plus accrued interest thereon to the date of redemption. Section 302. Mandatory Redemption Provisions. (a) The Bonds are subject to mandatory sinking fund redemption in part, at a redemption price equal to 100% of the principal amount thereof plus accrued interest to the redemption date, on the Principal Payment Dates and in the principal amounts as set forth on Exhibit B. (b) If upon the Completion of Funding, the Cumulative Principal Amount Outstanding is less than the Maximum Principal Amount (disregarding any scheduled redemptions above that have occurred prior to the Completion of Funding), the principal amount for each Principal Payment Date following the Completion of Funding will be reduced on a proportionate basis (to the nearest $0.01). The Owner will provide a replacement Exhibit B reflecting the reductions to the principal amounts to the Paying Agent and the City, which will be binding on the City absent manifest error and will replace the previous Exhibit B without any further action on the part of the City. The revised Exhibit B is subject to such verification requirements as may be reasonably established by the Paying Agent. Section 303. Selection of Bonds to Be Redeemed. "Che redemption of the Bonds in part will be reflected in the records maintained by the Paying Agent. Section 304. Notice and Effect of Call for Redemption. (a) No notice of the mandatory redemption of Bonds is required to be given. If the Bonds are being optionally redeemed, notice of redemption will be given in the manner described below. Unless waived by any Owner of Bonds to be redeemed, the Paying Agent, on behalf of the. City, will give notice by mailing a redemption notice, at least 15 days, but not more than 30 days, prior to the date fixed for redemption, to the Owner of Bonds to be redeemed at the address shown on the Bond Register. (b) All redemption notices will be dated and include the following information: (1) the redemption date, (2) the redemption price, consisting of the principal amount, redemption premium, if any, and interest to the redemption date, (3) if less than all Outstanding Bonds are to be redeemed, the identification number, Stated Maturity and, in the case of partial redemption of any Bond, the respective principal amounts of the Bonds to be redeemed, (4) a statement that on the redemption date the redemption price will become due and payable upon each Bond or portion of a Bond called for redemption, and that interest ceases to accrue on the redeemed amount from and after the redemption date, and (5) the address of the principal office of the Paying Agent where the Bonds must be surrendered for payment of the redemption price. (c) If notice of redemption has been given or waived, the Bonds or portions to be redeemed will become due and payable on the redemption date at the redemption price specified in the notice. From and after the redemption date (unless the City defaults in the payment of the redemption price), the called Bonds will cease to bear interest. Upon the surrender of Bonds for payment of the redemption price in accordance with the notice, the Paying Agent will pay the redemption price to the applicable Owners. _12_ ARTICLE IV RATIFICATION AND ESTABLISHMENT OF FUNDS AND ACCOUNTS Section 401. Ratification and Establishment of Funds and Accounts. (a) The separate funds and accounts created in, or ratified by, the Outstanding Parity Bond Ordinance known respectively as the: (1) Waterworks. System Revenue Fund (the "Revenue Fund"); (2) Waterworks System Operation and Maintenance Account (the "Operation and Maintenance Account'); (3) Interest Account, Principal Account and Debt Service Account for the Waterworks System Revenue Bonds (State Revolving Fund Program) Series 1998 (collectively the "Series 1998 SRF Parity Bond Debt Service Account'); (3a) Debt Service Account for the Waterworks System Refunding Revenue Bonds, Series 2006A (the "Series 2006A Parity Bond Debt Service Account," together with the Series 1998 SRF Parity Bond Debt Service Account, the "Outstanding Parity Bond Debt Service Account"); (4) Reserve Account for the Waterworks System Revenue Bonds (State Revolving Fund Program) Series 1998 (the "Series 1998 SRI- Parity Bond Debt Service Reserve Account'); (4a) Debt Service Reserve Account for the Waterworks System Refunding Revenue Bonds, Series 2006A (the "Series 2006A Parity Bond Debt Service Reserve Account," together with the Series 1998 SRF Parity Bond Debt Service Reserve Account, the "Outstanding Parity Bond Debt Service Reserve Account'); (5) Waterworks System Depreciation and Replacement Account (the "Depreciation and Replacement Account'); and (6) Waterworks System Surplus Account (the "Surplus Account') are hereby ratified. (b) The City hereby establishes the following special funds and accounts with the Paying Agent under the Escrow Agreement: (1) the Debt Service Fund; (2) the Construction Fund; (3) the Repayment Fund, consisting of the Principal Account and the Interest Account; and (4) the Administrative Expense Fund; and 13- (5) the Debt Service Reserve Account. (c) The separate fund known as the Capital Improvement Sales Tax Revenue Fund 1 established in the treasury of the City under the Capital Improvement Sales Tax Ordinance is ratified. Section 402. Administration of Funds and Accounts. 'Be funds and accounts described in Section 401(a)(1), (2), (5) and (6) will be maintained and administered by the City under this Ordinance and the Outstanding Parity Bond Ordinance while any of the Bonds and the Outstanding Parity Bonds, as applicable, are outstanding. The funds and accounts described in Section 401(a)(3),3(3a), (4) and (4a) will be maintained and administered by the City while any of the Outstanding Parity Bonds are outstanding. The funds and accounts described in Section 401(b) will be maintained and administered by the Paying Agent pursuant to the Escrow Agreement while the Bonds are Outstanding. Section 403. Deposits and Application of Bond Proceeds. (a) The proceeds received from the sale of the Bonds on the Closing Date will be deposited upon the delivery of the Bonds into the Construction Fund and the Administrative Expense Fund as provided in the Escrow Agreement. Thereafter, each Purchase Price Installment will be deposited into the Construction Fund. (b) Moneys in the Construction Fund will be disbursed to the City for the sole purpose of paying the Eligible Costs of the Project in accordance with the plans and specifications prepared by the Consulting Engineer, previously approved by the Governing Body and DNR and on file in the office of the City Clerk, including any alterations in or amendments to the plans and specifications approved by the Governing Body and DNR with the advice of the Consulting Engineer. (c) Requisitions will be submitted for ftnding of the Purchase Price Installments and resulting withdrawals from the Construction Fund in accordance with Article III of the Purchase Agreement. Funds will be disbursed from the Administrative Expense Fund as provided in the Escrow Agreement. ARTICLE V APPLICATION OF REVENUES AND CAPITAL IMPROVEMENT SALES TAX REVENUES Section 501. Revenue Fund and Capital Improvement Sales Tax Revenue Fund. (a) The City covenants and agrees that from and after the delivery of the Bonds and so long as any of the Bonds remain outstanding and unpaid, all Revenues derived and collected by the City (other than Capital Improvement Sales Tax Revenues) will be deposited into the Revenue Fund when received. The Revenues will be segregated from all other moneys, revenues, finds and accounts of the City. The Revenue Fund will be administered and applied solely for the purposes and in the manner provided in Outstanding Parity Bond Ordinance, this Ordinance and any other Parity Ordinance. (b) The City covenants and agrees that from and after the delivery of the Bonds, all Capital Improvement Sales Tax Revenues will be deposited into the Capital Improvement Sales Tax Revenue Fund when received. The Capital Improvement Sales Tax Revenues will be segregated from all other moneys, revenues, funds and accounts of the City. 14- Section 502. Application of Moneys in Funds and Accounts. (a) The City will apply moneys in the Revenue Fund and, subject to annual appropriation by the Governing Body, moneys in the Capital Improvement Sales Tax Revenue Fund on the dates, in the amounts and in the order as follows: (1) on the first day of each month, to the Operation and Maintenance Account an amount sufficient to pay the estimated cost of operating and maintaining the System during the month; (2) on a parity basis (i) at the times required under the Outstanding Parity Bond Ordinance, to the Outstanding Parity Bond Debt Service Account the amount required under the Outstanding Parity Bond Ordinance and (ii) by the Funds Transfer Method, on each Quarterly Payment Date, to the Paying Agent for credit to the Interest Account and the Principal Account: (A) to the Interest Account, on March 15, 2010 and each Quarterly Payment Date thereafter, 1/2 of the amount of interest due on the Bonds on the next Interest Payment Date, with the balance in the Debt Service Fundandthe Interest Account on an Interest Payment Date after the payment of the principal of and interest due on the Bonds on the Interest Payment Date to be credited against the next succeeding quarterly payment; provided that prior to the Completion of Funding, (i) the investment earnings on the Construction Fund for the preceding calendar quarter will be credited against the next quarterly payment, (ii) for purposes of the first quarterly payment of each Interest Period, the amount of interest due on the next Interest Payment Date will be estimated based upon an expected disbursement schedule for the Interest Period provided by the City to DNR and the Paying Agent, and (iii) for purposes of the second quarterly payment of each Interest Period, the interest due on the next Interest Payment Date will be calculated by the Paying Agent based upon Purchase Price Installments funded at least three Business Days prior to the Quarterly Payment Date and the second quarterly payment calculated so that the amount on deposit in the Interest Account after receipt of the second quarterly payment will equal interest payable on the Bonds on the Interest Payment Date; and (B) to the Principal Account, on September 15, 2010, and each Quarterly Payment Date thereafter, 1/2 of the principal due on the Bonds on the next succeeding Principal Payment Date, whether at Stated Maturity or upon mandatory sinking fund redemption. If the Initiation of Operations specified in the certificate delivered by the City under Section 3.5 of the Purchase Agreement is earlier than the expected Initiation of Operations, (i) the first quarterly installment of principal of the Bonds will be paid no later than the Quarterly Payment Date which is not more than 12 months after the Initiation of Operations, and (ii) on the Quarterly Payment Date which is not more than 20 years after the Initiation of Operations, all remaining unpaid principal installments of the Bonds will be paid; -15- (3) at the times required under the Outstanding Parity Bond Ordinance, to the Outstanding Parity Bond Debt Service Reserve Account the amount required under the ) Outstanding Parity Bond Ordinance; (4) on the dates required by Section 211, to the Paying Agent for deposit to the Administrative Expense Fund, the amounts required to pay the Administrative Fee and the Paying Agent's Fees and expenses; (5) to the Depreciation and Replacement Account, the amounts on the dates required by the User Charge Ordinance; and (6) on each Quarterly Payment Date, the remaining balance to the Surplus Account. (b) The City will make deposits (subject to annual appropriation) to, and apply the moneys in, the Debt Service Reserve Account as provided in this paragraph. (1) On the Closing Date, the City will transfer to the Paying Agent for deposit to the Debt Service Reserve Account, from the Capital Improvement Sales Tax Revenue Fund, an amount equal to the Debt Service Reserve Requirement. (2) Moneys in the Debt Service Reserve Account will be expended and used solely to prevent any default in the payment of interest on or principal of the Bonds on any maturity date or Interest Payment Date if the moneys in the Principal Account and the Interest Account are insufficient to pay the interest on or principal of the Bonds as they become due. (3) If any amount in the Debt Service Reserve Account is expended in accordance with subparagraph (2), commencing on the first Quarterly Payment Date following the expenditure, the City will transfer to the Paying Agent for deposit to the Debt Service Reserve Account, from the Capital Improvement Sales Tax Revenue Fund, an amount equal to 1/4 of the amount expended until the balance in the Debt Service Reserve Account again equals the Debt Service Reserve Requirement. (4) Moneys in the Debt Service Reserve Account may be used to call the Bonds for redemption and payment prior to their stated maturity, provided all of the Bonds at the time Outstanding are called for payment and funds are available to pay the same according to their terms. Moneys in the Debt Service Reserve Account will be used to pay and retire the last Outstanding Bonds unless the Bonds are otherwise paid. (5) Any investment earnings on the Debt Service Reserve Account or amounts in excess of the Debt Service Reserve Requirement will be deposited in the Capital Improvement Sales Tax Revenue Fund. (c) Except as provided in Section 503, moneys in the Depreciation and Replacement Account will be used by the City for the purpose of making replacements and repairs to the System in order to keep the System in good repair and working order and to assure the continued effective and efficient operation of the System. (d) Moneys in the Surplus Account are to be expended for the following purposes as determined by the Governing Body: (1) paying the cost of the operation, maintenance and repair of the System to the extent necessary after the application of the moneys held in the Operation and Maintenance Account; (2) paying the cost of extending, enlarging or improving the System; (3) preventing default in, anticipating payments into or increasing the amounts in the accounts confirmed or established in Section 401, the Principal Account, the Interest Account or the Depreciation and Replacement Account, or establishing or increasing the amount of any debt service account or debt service reserve account created by the City for the payment of any System Revenue Bonds subsequently issued; or (4) redeeming and paying prior to Stated Maturity, or, at the option of the City, purchasing in the open market at the best price obtainable not exceeding the call price (if any bonds are callable), the Bonds, the Outstanding Parity Bonds or any other System Revenue Bonds hereafter issued under the conditions hereinafter specified and standing on a parity with the Bonds, including principal, redemption premium, if any, and interest. (e) All amounts paid and credited to the Operation and Maintenance Account will be expended solely for the purpose of paying the Current Expenses of the System. (f) No moneys derived by the City from the System will be diverted to the general governmental or municipal functions of the City. (g) If the deposits to the Operation and Maintenance Account (the "OM Deposits") required under this Section are greater than the OM Deposits required in the User Charge Ordinance, the OM Deposits under the User Charge Ordinance will be deemed a credit toward OM Deposits required under this Section. If the OM Deposits required under this Section are less than those required in the User Charge Ordinance, OM Deposits under this Section will be deemed a credit to OM Deposits required under the User Charge Ordinance. Section 503. Deficiency of Payments into Funds and Accounts. (a) If the Revenues are insufficient to make any payment on any date specified in this Article, the City will make good the amount of the deficiency by making additional payments out of the first available Revenues for application in the order specified in Section 502. (b) If the moneys in the Outstanding Parity Bond Debt Service Account, the Outstanding Parity Bond Debt Service Reserve Account, the Principal Account or the Interest Account are not sufficient to pay the principal of and interest on the Outstanding Parity Bonds and the Bonds as and when the same become due, the City will apply moneys in the Surplus Account and the Depreciation and Replacement Account on a proportionate basis (based upon the outstanding principal amounts of the Bonds and the Outstanding Parity Bonds) to the Outstanding Parity Bond Debt Service Account, the Principal Account and the Interest Account to prevent any default in the payment of the principal of and interest on the Outstanding Parity Bonds and the Bonds. Section 504. Transfer of Funds to Paying Agent The Mayor or the City Clerk is authorized and directed to make the payments to the Principal Account and the Interest Account as provided in Section 502, and, to the extent necessary to prevent a default in the payment of any System Revenue Bonds, from the Surplus Account and from the Depreciation and Replacement Account as provided in Sections 502 and 503, sums sufficient to pay the System Revenue Bonds when due, and to forward -17- amounts to the Paying Agent by the Funds Transfer Method which ensures the Paying Agent will have sufficient available funds on or before the second Business Day immediately preceding the dates when payments on the Bonds are due. Upon the payment of all principal and interest on the Bonds, the Paying — Agent will return any excess funds to the City. Except as otherwise provided in the Escrow Agreement, all moneys deposited by the City with the Paying Agent are subject to the provisions of this Ordinance. Section 505. Business Days. If any date for the payment of principal of, or redemption premium, if any, or interest on the Bonds or the taking of any other action hereunder is not a Business Day, then such payment shall be due, or such action shall be taken, on the first Business Day thereafter with the same force and effect as if made on the date fixed for payment or performance. ARTICLE VI INVESTMENT OF MONEYS Section 601. Investment of Moneys. (a) Moneys held in any fund or account referred to in this Ordinance may be invested in Investment Securities; provided, however, that any fund or account held by the Paying Agent shall be invested as provided in Section I 1 of the Escrow Agreement. No such investment will be made for a period extending longer than the date when the money invested may be needed. All earnings on any investments held in any fund or account will accrue to the applicable fund or account. In determining the amount held in any fund or account under this Ordinance, obligations will be valued at the lower of cost or market value. If the amount in any fund or account held within the Treasury of the City is greater than the required amount, the City may transfer the excess to the Revenue Fund. (b) If the Outstanding Parity Bonds are outstanding, any investments made pursuant to this Section are subject to the applicable restrictions in the Outstanding Parity Bond Ordinance. ARTICLE VII PARTICULAR COVENANTS OF THE CITY Section 701. Efficient and Economical Operation; User Charge Ordinance. The City will continuously own and will operate the System in an efficient and economical manner and will keep and maintain the System in good repair and working order. The City has duly approved the User Charge Ordinance and will enforce the provisions thereof. Section 702. Rate Covenant. The City will fix, establish, maintain and collect rates and charges for the use and services furnished by or through the System to produce income and revenues sufficient to (a) pay the costs of the operation and maintenance of the System; (b) pay the principal of and interest on the Bonds as and when due; (c) enable the City to have in each Fiscal Year Net Revenues of not less than 110% of the amount required to be paid by the City in the Fiscal Year on account of both principal of and interest on all System Revenue Bonds at the time outstanding, provided that interest on any SRF Leveraged Program Bonds will be reduced by the SRF Subsidy, if any; and (d) provide reasonable and adequate reserves for the payment of the Bonds and the interest thereon and for the protection and benefit of the System as provided in this Ordinance. The City will require the prompt payment of accounts for service rendered by or through the System and will promptly take whatever action is legally permissible to enforce and collect delinquent charges. is- Section 703. Reasonable Charges for all Services. None of the facilities or services provided by the System will be furnished to any user (excepting the City itself) without a reasonable charge being made therefor. If the income and revenues derived by the City from the System are insufficient to pay the reasonable expenses of operation and maintenance of the System and the principal of and interest on the Bonds when due, the City will pay into the Revenue Fund a fair and reasonable payment in accordance with effective applicable rates and charges for all services or other facilities furnished to the City or any of its departments by the System. Section 704. Annual Budget. Prior to the commencement of each Fiscal Year, the City will cause a budget setting forth the estimated receipts and expenditures of the System for the next succeeding Fiscal Year to be prepared and filed with the City Clerk. The City Clerk, within 30 days after the end of the current Fiscal Year, will mail a copy of the budget to the Owner. The annual budget will be prepared in accordance with the laws of the State. Section 705. Annual Audit. (a) Promptly after the end of each Fiscal Year, the City will cause an audit of the System for the preceding Fiscal Year to be made by a certified public accountant or firm of certified public accountants employed for that purpose and paid from the Revenues. The annual audit will cover in reasonable detail the operation of the System during the Fiscal Year. (b) As soon as possible after the completion of the annual audit, the Governing Body will review the annual audit, and if the annual audit reveals any breach of this Ordinance, the City agrees to promptly cure the breach. (c) Within 30 days after the acceptance of the audit by the Governing Body, a copy of the annual audit will be filed in the office of the City Clerk, and a copy of the audit will be mailed to the Owner. The annual audit will be open to examination and inspection during normal business hours by any taxpayer, any user of the services of the System, the Owner, or anyone acting for or on behalf of the taxpayer, user or Owner. (d) The City acknowledges its undertakings set forth in Section 2.10) of the Purchase Agreement. Section 706. Performance of Duties. The City will faithfully and punctually perform all duties and obligations with respect to the operation of the System, including all extensions and improvements thereto, now or hereafter imposed upon the City by the constitution and laws of the State and by the provisions of this Ordinance. ARTICLE VIII ADDITIONAL BONDS Section 801. Prior Lien Bonds. The City will not issue any debt obligations payable out of the Net Revenues which are superior in lien, security or otherwise to the Bonds. Section 802. Parity Lien Bonds or Obligations. (a) The City will not issue any additional bonds or other Iono term obligations payable out of the Net Revenues of the System that stand on parity or equality with the Bonds unless the following conditions are met: 19- (1) the City is not in default in the payment of principal or interest on the Bonds or J any Parity Bonds or in making any deposit into the funds and accounts under this Ordinance or any Parity Ordinance; and (2) the City provides to the Owner a certificate showing either of the following: (A) the average annual Net Revenues as set forth in the two most recent annual audits for Fiscal Years preceding the issuance of additional bonds, are at least 110% of the average annual debt service on the System Revenue Bonds, including the additional bonds proposed to be issued, to be paid out of the Net Revenues in all succeeding Fiscal Years. Interest to be paid on any SRF Leveraged Program Bonds may be reduced by the SRF Subsidy, if any. If the City has made any increase in rates for the use and services of the System and the increase has not been in effect during all of the two Fiscal Years for which annual audits are available, the City may add the additional Net Revenues which would have resulted if the rate increase had been in effect for the entire period to the audited Net Revenues, as certified by a Consultant; or (B) the estimated average annual Net Revenues for the two Fiscal Years immediately following the Fiscal Year in which the improvements to the System being financed by the additional bonds are to be in commercial operation, as certified by a Consultant, is at least 110% of the average annual debt service on the System Revenue Bonds, including the additional bonds proposed to be issued, to be paid out of the Net Revenues in succeeding Fiscal Years following the commencement of commercial operation of the improvements. Interest to be paid on any SRF Leveraged Program Bonds may be reduced by the SRP Subsidy, if any. In determining the amount of estimated Net Revenues for the purpose of this subsection, a Consultant may adjust the estimated net income and revenues by adding the estimated increase in Net Revenues resulting from any increase in rates for the use and services of the System approved by the City and to become effective during the two Fiscal Years immediately following the Fiscal Year in which the improvements to the System being financed by the additional bonds are to be in commercial operation. (b) If the conditions set forth in this Section are satisfied, the City (i) may issue additional revenue bonds or other obligations of the City on a parity with the Bonds and that enjoy complete equality of the lien on the Net Revenues with the Bonds, (ii) may make equal provision for paying the additional revenue bonds or other obligations from the Revenue Fund, and (iii) may secure the additional revenue bonds or other obligations by funding reasonable System debt service accounts and debt service reserve accounts from the Net Revenues. Section 803. Junior Lien Bonds. Nothing in this Article prohibits or restricts the right of the City to issue additional revenue obligations, including revenue bonds, for the purpose of extending, improving, enlarging, repairing or altering the System, or refunding obligations issued for such purposes, that are subordinate to the Bonds if at the time of the issuance of the additional revenue obligations the City is not in default in the performance of any covenant or agreement in this Ordinance. If the City is in default in paying either interest on or principal of the Bonds, the City will not make any payments on the subordinate revenue obligations until the default is cured. Subject to the limitations in this Section, the City may make provision for paying the principal of and interest on the subordinate revenue bonds or obligations from moneys in the Revenue Fund. -20- Section 804. Refunding Bonds. The City may, without complying with the provisions of Section 802, refund any of the Bonds or any Outstanding Parity Bonds in a manner that provides debt service savings to the City, and the refunding bonds so issued will be on a parity with any of the Bonds that are not refunded and any Outstanding Parity Bonds. If the Bonds are refunded in part and the refunding bonds bear a higher average rate of interest or become due on a date earlier than that of the Bonds that are refunded, the City must obtain the prior written consent of the Owner to the issuance of the refunding bonds. ARTICLE IX DEFAULT AND REMEDIES Section 901. Events of Default. If (i) the City defaults in the payment of the principal of or interest on any of the Bonds, or (ii) the City or its Governing Body or any of its officers, agents or employees fails or refuses to comply with any provision of this Ordinance, the Constitution or statutes of the State, the Purchase Agreement or the Escrow Agreement and default continues for a period of 60 days after written notice specifying the non-payment default has been given to the City by the Owner of any Bond then Outstanding, at any time thereafter.and while the default continues; the City'shall pay to DNR the penalties assessed by DNR in accordance with the Regulations. Section 902. Remedies. (a) The provisions of this Ordinance constitute a contract between the City and the Owners of the Bonds. The Owner or Owners of not less than 10% in principal amount of the Bonds at the time Outstanding have the right for the equal benefit and protection of all Owners of Bonds similarly situated: (1) by any proceeding at law or in equity to enforce the rights of the Owner or Owners against the City and its officers, agents and employees, and to compel the performance by the City of its duties and obligations under this Ordinance, the Constitution and the laws of the State; (2) by any proceeding at law or in equity to require the City, its officers, agents and employees to account as if they were the trustees of an express trust; and (3) by any proceeding at law or in equity to enjoin any act or thing which is unlawful or in violation of the rights of the Owners of the Bonds. (b) Any amounts paid on the Bonds to the Owners will be applied first to interest and second to principal, to the extent due and payable. Section 903. Limitation on Rights of Owners. No Owner has any right in any manner whatever by the Owner's action to affect, disturb or prejudice the security granted and provided for in, or enforce any right under, this Ordinance, except in the manner provided in this Ordinance. All proceedings at law or in equity will be for the equal benefit of all Owners. Section 904. Remedies Cumulative. No remedy conferred upon the Owners is intended to be exclusive of any other remedy. Each remedy is in addition to every other remedy and may be exercised without exhausting any other remedy conferred under this Ordinance. No waiver by any Owner of any default or breach of duty or contract of the City under this Ordinance will affect any subsequent default or breach of duty or contract by the City or impair any rights or remedies thereon. No delay or omission of any Owner to exercise any right or power accruing upon any default will impair any right or power or will 21- be construed to be a waiver of any default. Every substantive right and every remedy conferred upon the Owners of the Bonds by this Ordinance may be enforced and exercised from time to time and as often as may be expedient. If any Owner discontinues any proceeding or the decision in the proceeding is against the Owner, the City and the Owners of the Bonds will be restored to their former positions and rights under this Ordinance. Section 905. No Obligation to Levy "Taxes. Nothing in this Ordinance imposes any duty or obligation on the City to levy any taxes either to meet any obligation incurred under this Ordinance or to pay the principal of or interest on the Bonds. ARTICLE X DEFEASANCE Section 1001. Defeasance. When all of the Bonds shall have been paid and discharged, then the requirements contained in this Ordinance and the pledge of revenues made hereunder and all other rights granted hereby shall terminate. Bonds shall be deemed to have been paid and discharged within the; meaning of this Ordinance if there shall have been deposited with the Paying Agent, or other bank or trust company located in the State of Missouri, having full trust powers and meeting the requirements of a successor Paying Agent (as set forth in the Escrow Agreement) impressed with a first lien to the Paying Agent for the benefit of the Owners, at or prior to Stated Maturity or redemption date of said Bonds, in trust for and irrevocably appropriated thereto, moneys and/or non -callable Defeasance Securities (the "Defeasance Escrow") which, together with the interest to be earned on any such obligations, will be sufficient for the payment of the principal of said Bonds and interest to accrue to the Stated Maturity or date of redemption, as the case may be, or if default in such payment shall have occurred on such date, then to the date of the tender of such payments, provided, however, that if any such Bonds shall be redeemed prior to Stated Maturity, (i) the City shall have elected to redeem such Bonds, and (ii) either notice of such redemption shall have been given or the City shall have given irrevocable instructions to the Paying Agent to redeem such Bonds; and provided further, however, there shall be filed with the City, the Owner and the Paying Agent an opinion of Bond Counsel to the effect that the conditions for the defeasance of the Bonds pursuant to this Section have been complied with and, if the payment of the Bonds at Stated Maturity or upon redemption will occur more than 90 days after the deposit of the Defeasance Escrow and interest on the Defeasance Escrow is to be used to pay debt service on the Bonds, the written report of an independent certified public accountant evidencing the sufficiency of the Defeasance Escrow. Any moneys and obligations which at any time shall be deposited with the Paying Agent, or other bank by or on behalf of the City, for the purpose of paying and discharging any of the Bonds shall be and are hereby assigned, transferred and set over to the Paying Agent or other bank in trust for the respective Owners of the Bonds, and such moneys shall be and are hereby irrevocably appropriated to the payment and discharge of this Ordinance. All moneys deposited with the Paying Agent or other bank shall be deemed to be deposited in accordance with and subject to all of the provisions contained in this Ordinance. ARTICLE XI AMENDMENTS Section 1101. Amendments. (a) Any provision of the Bonds or of this Ordinance may be amended by an ordinance with the prior written consent of the Owners. Consent must be evidenced by an instrument executed by the Owners, acknowledged or proved in the manner of a deed to be recorded, and filed with the City Clerk. -22- (b) No amendment will be effective until (i) the City has delivered to the Owners and the Paying Agent an opinion of Bond Counsel stating that the amendment is permitted by this Ordinance and the Act, complies with their respective terms and is valid and binding upon the City in accordance with its terms, and (ii) the City Clerk has on file a copy of the amendment and all required consents. ARTICLE XII MISCELLANEOUS PROVISIONS Section 1201. Further Authority. The officers of the City, including the Mayor and the City Clerk, are authorized and directed to execute all documents and take the actions as are necessary or advisable in order to carry out and perform the purposes of this Ordinance and to make ministerial changes in the documents approved by this Ordinance which they may approve. The execution of any document or taking of any related action constitutes conclusive evidence of the necessity or advisability of the action or change. Section 1202, Electronic Transactions. The transactions described in this Ordinance and the Bonds may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. Section 1203. Severability. If any section or other part of this Ordinance is for any reason held invalid, the invalidity will not affect the validity of the other provisions of this Ordinance. Section 1204. Governing Law. This Ordinance is governed by and will be construed in accordance with the laws of the State. passage. Section 1205. Effective Date. This Ordinance shall take effect 10 days from and after its final -23- NEW ORDINANCES CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 10-01 Agenda January 4, 2010 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Request for Rezoning of the Property at 1634 North Kingshighway Dear Mayor and Council Members: This agenda item calls for the holding of an advertized public hearing on the request of Rhodes Development Company to rezone property located at 1634 North Kingshighway from the C-2 (General Commercial) District, and the R -I (Single -Family Residential) District to the C-2 (General Commercial) District. The Planning and Zoning Commission recommended approving this application at its meeting on December 9, 2009, by a vote of 5 in favor, 0 in opposition, and I abstaining, with Scott Rhodes being the abstention for financial reasons. This is a situation where a parcel was split zoned. The applicants are requesting to rezone the lot in order that it all falls under the same zoning classification of C-2 (General Commercial). It is recommended that the City Council hold the advertized public hearing. Attached for first reading consideration is an ordinance which would authorize the rezoning from the C-2 (General Commercial) District and the R-1 (Single -Family Residential) District to the C-2 (General Commercial) District. Respectfully submitted, -/(-" r��g Ken Eftmk Assistant City Manager/ Director of Development Services Scott A. Me City Manager BILL NO. 10-1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF A PART OF 1634 NORTH KINGSHIGHWAY AND 1698 KINGSWAY DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 AND C-2 TO C-2 WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this ordinance from R-1, Single-family Dwelling District, and C-2, General Commercial District, to C-2, General Commercial District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Monday, January 4, 2010, and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from R-1, Single-family Dwelling District, and C-2, General Commercial District, to C-2, General 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 of a part of 1634 North Kingshighway and 1698 Kingsway, in the City and County of Cape Girardeau, Missouri, from R-1, Single-family Dwelling District, and C-2, General Commercial District, to C-2, General Commercial District, said area including the following described property: All of that part of Fractional Section 26, Township 31 North, Range 13 East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, and more particularly described as follows: Commence at the West corner of Lot 1 of Six Sister's Subdivision, a Subdivision on file in the Land Records of Cape Girardeau County in Plat Book 17 at Page 23, said corner being along the Northeastern Right of Way line North 55022130" West, 64.34 feet; thence North 21006144" West, 21.31 feet, to a point 75 offset from and normal to US Highway 161' Station 1009+42.38; the point of beginning; thence leaving said Right of Way of US Highway 1611, and along the former eastern right of way line of Missouri State Route 'W', continuing North 21006144" West, 180.75 feet; to a point on the present southern line of Kingsway Drive, thence with said South line, South 49038137" East, 92.22 feet; to a point on the westerly line of the proposed right of way for the realignment of Kingsway Drive, thence along the western line of said new right of way, along the arc of a curve to the Northwest being concave to the Northeast having a radius of 225.00 feet, a distance of 92.23 feet, (the chord of said arc bears North 20°45'15" West, 91.59 feet), to a point on the North line of the present location of Kingsway Drive, thence with said North line, North 54014148" West, 37.32 feet; thence North 56048139" West, 41.51 feet; thence North 21006'44" West, 2.19 feet; to a point on the Eastern Right of Way line of old Route 'W' (now vacated), and being 80 feet opposite and normal to station 507+01, thence on thence along the arc of a curve to the Northeast being concave to the Southwest having a radius of 558.34 feet and a distance of 157.71 feet, (the chord of said arc bears North 09017129" East, 157.18 feet); thence along the arc of a curve to the Northwest being concave to the Southwest and having a radius of 325.00 feet and a distance of 42.90 feet, (the chord of said arc bears North 31013137" West, 42.87 feet); thence South 54059130" West, 5.00 feet; thence North 35000130" West, 50.65 feet; thence North 37029137" West, 120.45 feet; thence South 34037130" West, 355.04 feet, to a point on the North Right of Way line of said US Highway '611, being 75 feet opposite and normal to station 1004+58.54; thence with said Right of Way line South 55022130" East, 483.84 feet, to the point of beginning and containing 2.29 acres (99,562 square feet), more or less, subject to any easements of record. 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 a C-2, General 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 20 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk 3 City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE IN TYPE OF LIC. NEW RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 12-21-09 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS: I have received an application from PAJCO, INC., d/b/a PRIMO VINO!, located at 1610 N. KINGSHIGHWAY, SUITE 105, for an ORIGINAL PACKAGE LIQUOR, SUNDAY SALES, & WINE TASTING license. Contact number is 334-7733. Please complete inspection and return to Customer Service. Referred to Police Department 12-21-09 Referred to City Inspector 12-21-09 Referred to Fire Inspector 12-21-09 Referred to Health Inspector 12-21-09 Notice (sign) given to Applicant: 12-22-09 for Council Meeting on 1-4-10 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT CITY INSPECTOR l/ �Z J22/� jg�Zt attajl_e(- HEALTH INSPECTOR FIRE INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: PRIMO VINO! Managing Officer PAUL R. DIRNBERGER Business Address: 1610 N. KINGSHIGHWAY, SUITE 105 Type of Liquor License: ORIGINAL PACKAGE LIQUOR, SUNDAY SALES, & WINE TASTING Type of license in last 6 months: NSA Approval of Applicant by Police Department: Inspection Personnel: Zoning Classification The applica fps not) required to post the notice required under, Sec. 5-33-a. The applica (has as not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (is s not within 200 feet of a church or school building or resident. Sec. 5-6 This structur is s not) zoned correc uired under Chapter 30 (4) of the City C e of Ordinances. Date This liquor license was conditionally approved by the City Council at their meeting on City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: PRIMO VINO! Managing Officer PAUL R. DIRNBERGER Business Address: 1610 N. KINGSHIGHWAY, SUITE 105 Type of Liquor License: ORIGINAL PACKAGE LIQUOR, SUNDAY SALES, & WINE TASTING Type of license in last 6 months: N/A Approval of Applicant by Police Depart t: Date /20, Opi Signature_ _ Inspection Personnel: Zoning Classification The applicant (is, is not) required to post the notice required under, Sec. 5-33-a. The applicant (has, has not) posted for 10 clays the notice required under Sec. 5-33-1-a This structure (is, is not) within 200 feet of a church or school building or resident. Sec. 5-6 This structure (is, is not) zoned correctly as required under Chapter 30 (4) of the City Code of Ordinances. Date Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITYREPORT NAME OFBUSINESS: BUSINESSADDRESS: MANAGING OFFICER. - DA TE FFICER: DATE OF RE VIEW. PAJCO, INC, d/b/a PRIMO VINO! 1610 N. Xingshighway Suite 105 Mr. Paul R Dirnberger December 29, 2009 SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal history on record for Mr. Dirnberger. PRIMO VINO/ is applying for a new liquor license for their location at 1610 N Kingshighway Suite 105. This will be for an "Original Package Liquor, Sunday Sales and Wine Tasting" license. There were no incidents involving alcoholic beverages at the above address requiring police intervention within the past twelve months. Ro V llelds,A �efofPonce Lt. Ba D. Hovis, Auxiliary Services Division CCPD Form # 112 CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 10-02 Agenda January 4, 2010 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Acceptance of Improvements and Authorize Final Payment for the 2009 Overlay Program Dear Mayor and Council Members: On May 18, 2009 by Resolution Number 2453, the Council authorized the Interim City Manager to enter into a contract with ASA Asphalt, Inc. for the 2009 OVERLAY PROGRAM. The project consisted of pavement repair, crack sealing, striping, and overlay at 28 locations throughout the City. A total of 125,974 square yards of street surface were improved or the equivalent of approximately 18 lane miles and 940 square yards of parking lot surface was improved at Water Plant 2. The Engineer's Final Report is attached that details the locations and costs associated with the project. One change order was issued that added work to Kiwanis Dr. in Arena Park to coincide with improvements being made to the Arena Building. A total of $ 11,082.56 was added by the change order to the original contract amount of $1,150,265.72 for a completed construction contract price of $1,161,348.28. Adding the associated costs of $23,359.92 for project design and inspection, brings the total for this project to $1,184,708.20. The cost of the Water Plant parking lot was paid for through the Water Division budget. A breakdown of the expenditures is shown in the Engineer's Final Report. The contractor, ASA Asphalt, hie., successfully met the contract deadlines for substantial and final completion after being adjusted for rain delays. The contractor completed the construction work during November of 2008 in accordance with the plans, specifications, and contract as modified by the Change Order. The work was inspected by the Public Works Department, has been satisfactorily completed and is ready for acceptance into the City's systems. It is recommended that the City Council, by motion, accept the improvements as presented and authorize the final payment to ASA Asphalt, Incorporated. Respectfully submitted, Tim Gramling, P.E. Public Works Director Scott A. Mey r City Manager December 15, 2009 Engineer's Final Report on the 2009 OVERLAY PROGRANI To the City Manager Of the City of Cape Girardeau, Missouri Dear Sir: The improvements made under the 2009 OVERLAY PROGRAM have been completed. The project consisted of pavement repair, crack sealing, striping, and overlay as indicated on the following streets: a. PLANT MIX BITUMINOUS PAVEMENT- BP2- 2" • Ranney Ave. from Locust St. to Hackberry St. • Linden St. from Sprigg St. to Sturdivant St. • Optimist Dr. from Spartech Dr. to Lions Way • Jaycee Dr. from Optimist Dr. to 66' south of Spartech Dr • Kiwanis Dr. from Broadview St. to Jaycee Dr. • Locust from Pacific St. to Benton St. • Broadway from Forest Ave. to Perry Ave. • Clark from Marietta St. to the south for 470' • West Cape Rock Dr. from Perryville Rd. to Lexington Ave. • Themis St. from 62' east of Silver Springs Rd. continuing east for 775' • Cherry Hill Circle from Parkview Dr. to Parkview Dr. • Parkview Dr. from Perry Ave to West End Blvd. • Middle St. from Broadway to North St. • Lorimier St. from Independence to Broadway • Hanover St. from Independence St. to Good Hope St. • Hanover St. from Bloomfield St. to Jefferson Ave. • Hanover St. from College St. to Jefferson Ave. • Pacific St. from Morgan Oak to Jefferson Ave. • Sprigg St. from William St. to Hwy. 74 • Sprigg St. from Bertling St. to Lexington Ave. • Sprigg St. from Hwy 74 to 196' south of Southern Expressway • Giboney Ave. from Southern Expressway to Sprigg St. • West End Blvd. from New Madrid St. to Highland Dr. • Fountain St. from North St. to Olive St. • Southern Expressway from Sprigg St. going west for 425' b. CITY APPROVED MATERIAL -SUCH AS MICROSURFACING, THIN MIX, ETC- LESS THAN OR EQUAL TO 1" • Sturdivant St. from Linden St. to Fort St. • Maple St. from Sprigg St. to Giboney c. PLANT MIX BITUMINOUS BASE COURSE- 3" • Water Plant #2 Parking Lot 3099 South Sprigg St. The contractor, ASA Asphalt, Inc., completed the work in accordance with the plans, specifications, contract and ordinances adopted by the City Council therefore as modified by one (1) Change Orders. The said work consisted of paving with hot mix asphaltic concrete on streets/areas as described above and included asphalt and concrete patching, milling, adjusting manholes, valves and pipe ends, striping, traffic control, grading, aggregate base and all else necessary to complete the work. Change Order # 1 & Final added work to Kiwanis Dr. adding some on street parking spaces, and brought all quantities to As Constructed amounts. The original contract time was eighty five(85) working days for substantial completion and one hundred five(105) working days for final completion which were September 30, 2009 and October 28, 2009 respectively. Rain delayed the final striping of the parking lots and some intersections into November. With the added days for rain the contractor successfully met these deadlines. The cost of these improvements has been calculated: MATERIAL/WORK ACTUAL UNIT UNIT COST Total City Approved Thin Lift Material 435.02 TONS $64.00 $ 10,000.00 Bituminous Pavement Mixture BP -2 13,622.19 TONS $64.00 $ 871,820.16 Bit Base Pavement Mixture 155.5 TONS $64.00 $ 9,952.00 Milling 48,281.8 SY $3.50 $ 168,986.30 Adjust Manhole 38 EA $200.00 $ 7,600.00 Adjust Water Valve 0 EA $0.00 $ 0.00 Tack Coat 8305 GAL $3.00 $ 24,915.00 PRIME COAT 0 GAL $5.00 $ 0.00 Traffic Control 1 EA $10,000.00 $ 10,000.00 Striping — Turn Arrows 8' (Thermo) 15 EA $60.00 $ 900.00 Striping — Stop bars 24" (Thermo) 48 EA $75.00 $ 3,600.00 Striping — Cross Walk Blks(Thermo) 6.5 EA $45.00 $ 292.50 Striping—Single Line 4"(Water Base) 6991 LF $0.25 $ 1,747.75 Striping — Skip 4" (Thermo) 4,050 LF $1.25 $ 5,062.50 Striping — Single Line 4" Thermo 3,028.25 LF $1.25 $ 3,785.31 Striping — Double 4" Line (Thermo) 6,830.5 LF $2.25 $ 15,368.63 Grading 2155.89 SY $2.00 $ 4,311.20 Asphalt Patch 83.33 SY $40.00 $ 3,333.20 Type 5 Ag rc re ate Base 0 TONS $15.00 $ 0.00 Striping — Stop bars 24" (Water) 17 EA $55.00 $ 935.00 Striping — Turn Arrows 8' (Water) 9EA $ 40.00 $ 360.00 Striping— Cross Walk Blks. (Water) 19 EA $ 25.00 $ 475.00 Striping — Chevrons Thermo 16.5 LF $ 3.75 $ 61.88 TOTAL CONTRACT AMOUNT LESS PREVIOUS PAYMENTS AMOUNT DUE CONTRACTOR DESIGN ENGINEERING COSTS CONSTRUCTION ENGINEERING/INSPECTION COSTS TOTAL PROJECT COSTS $ 1,161,348.28 1,094,460.98 66,887.30 $ 7,033.53 $ 16,326.39 $ 1,184,708.20 A total of 125,974 square yards of street surface were improved or approximately 18 lane miles of pavement. 940 Square yards of water department parking lot surface was constructed. This construction contract consolidated all items for ease in making progress payments to the contractor. However, for the historical records and accounting purposes, it is also necessary to breakdown the costs into the individual streets and areas improved. Please see Attachment t4 1 for this breakdown. Respectfully Submitted, Tim Gramling P.E. Public Works Director 2009 Overlay Program Project reference code 187-7025-7311-1080101 2009 Overlay acct 620-430-7150 Water Dept acct ----South Sprigg St. hwm' nit J'qN(T -QST BP -2 Asphalt TON $ 64.00 1387.66 $ 88,810.24 Milling SY $ 150 14150 $ 49,546.00 Tack Coat Gal $ 100 975 % 2.925.00 VVa\orva|vos EA 8 1$ Manhole Adjustments EA $ 100.00 1 $ 200.00 Thermoplastic $ 1.245.50 Total $ 142.72874 |(�nooniey'--_-�.--^-^'- BP -2 Asphalt TON $ 64.00 120.67 $ 7,722.88 yNiUio0 SY $ 3.50 218 $ 783.00 Tack Coat 8a| $ 3.00 75 $ 225.00 Thermoplastic $ 403.50 Total $ 8,114.30 ,Southern Expressway BP -2 Asphalt TON $ 64.00 282.92 $ 18,106.88 Milling SY $ 3.50 237 $ 829.50 Tack Coat Gal $ 3.00 250 $ 750.00 Thxnop|astic $ 1.03050 Total $ 20.722.08 thSpo� -xvvv 74) z�,�gg(8/!kanot0 � lL BP -2 Asphalt TON $ 64.00 1227.24 $ 78,543.36 Milling SY $ 150 9622 $ 33,677.00 Tack Coat Gal $ 3.00 050 8 1.950.00 Manhole Adjustments [A $ 200.00 1 $ 200.00 ThorrooP|a^hr $ 7'081.89 Total $ 122.032�05 North Sphgg(Bert|iv�t6Lexington) ST JACTO BP -2 Asphalt TON $ 64,00 1898.4 $ 121,497.60 Milling SY % 150 9108 $ 32.50880 Tack Coat 6a| 3.00 1150 $ 3.45000 Thermoplastic $ 3.88225 Paint $ 1,324J5 Total $ 161,862.60 Linden MATERIAL/WORK» Umt UNIT COST . AC;TUAL- _,Total Cost BP -2 Asphalt TON $ 64.00 SY 215.58 $ 13,797.12 Milling SY $ 3.50 Manhole Adjustments 67 $ 234.50 Tack Coat Gal $ 3.00 150 $ 450.00 Manhole Adjustments EA $ 200.00 2 $ 400.00 Total $ 14,881.62 Sturdivant VAT ERIALM(ORK` Umt ,' UNIT, COST ACTUAL j trI Total BP -2 Asphalt TON $ 64.00 72.6 $ 4,646.40 Milling SY $ 3.50 97 $ 339.50 Tack Coat Gal $ 3.00 50 $ 150.00 Manhole Adjustments EA $ 200.00 2 $ 400.00 Total $ 5,535.90 RanneY MATERIALIWORK Unit ,, I UNIT`COST ; ACTUAL, BP -2 Asphalt TON $ 64.00 311.63 $ 19,944.32 Milling SY $ 3.50 187 $ 654.50 Tack Coat Gal $ 3.00 150 $ 450.00 Manhole Adjustments EA $ 200.00 3 $ 600.00 Total $ 21,648.82 Middle St. MATERIALIWORK- Um4 ~ UNIT COST ACTUAL• Total Cost BP -2 Asphalt TON $ 64.00 482.42 $ 30,874.88 Milling SY $ 3.50 2567 $ 8,984.50 Tack Coat Gal $ 3.00 300 $ 900.00 Manhole Adjustments EA $ 200.00 3 $ 600.00 Asphalt Patch SY $ 40.00 0 $ - Total $ 41,359.38 Maple St. MATERIALAIVORK IU' ` '1a1L1NIT COST JACTUAL Total Co- BP -3 Asphalt TON $ 64.00 210.92 $ 13,498.88 Milling SY $ 3.50 80 $ 280.00 Tack Coat Gal $ 3.00 200 $ 600.00 Manhole Adjustments EA $ 200.00 0 $ - Total $ 14,378.88 Lonmier; . BP -2 Asphalt TON $ 64.00 47.61 $ 3,047.04 BP -3 Asphalt TON $ 64.00 224.1 $ 14,342.40 Tack Gal $ 3.00 200 $ 600.00 Manhole Adjustments EA $ 200.00 2 $ 400.00 Milling SY $ 3.50 856.8 $ 2,998.80 Total $ 21,388.24 Hanover (Bloomfield to Jefferson) UNIT. COST. ACTUAL rTotal Cost BP-2 Asphalt TON BP -2 Asphalt TON $ 64.00 188.46 $ 12,061.44 Milling SY $ 3.50 320 $ 1,120.00 Tack Coat Gal $ 3.00 100 $ 300.00 Manhole Adjustments EA $ 200.00 3 $ 600.00 Total $ 14,081.44 Hanover (Jefferson to College) BP -2 Asphalt TON $ 64.00 148.35 $ 9,494.40 Milling SY $ 3.50 160 $ 560.00 Tack Coat Gal $ 3.00 100 $ 300.00 Total $ 10,354.40 Hanover (Independence to Goodhope) MATIERIAUMRW JUnit ': ; UNIT. COST. ACTUAL rTotal Cost BP-2 Asphalt TON $ 64.00 407.11 $ 26,055.04 Milling SY $ 3.50 500 $ 1,750.00 Tack Coat Gal $ 3.00 300 $ 900.00 Manhole Adjustments EA $ 200.00 1 $ 200.00 Total $ 28,905.04 Locust MAT:ERIAUWORK r Umt� ,_', UNIT?;COST= ACTUAL `.;; TotalCost,_, e - BP -2 Asphalt TON $ 64.00 80.1 $ 5,126.40 Milling SY $ 3.50 80 S 280.00 Tack Coat Gal $ 3.00 50 $ 150.00 Manhole Adjustments EA S 200.00 1 $ 200.00 Total $ 5,756.40 Pacific(Morgan Oak to Jefferson) _ MATERIAUWORK} Umi T:-` 'UNIT COST _ A_CTUAL <,„` l..Totai costf.; BP -2 Asphalt TON $ 64.00 139.72 $ 8,942.08 Milling SY $ 3.50 160 $ 560.00 Tack Coat Gal $ 3.00 100 $ 300.00 Manhole Adjustments EA $ 200.00 1 $ 200.00 Total $ 10,002.08 ;Cape Rock MATERIAUWORKR, ” Uma.,, ; UNIT COST . ACTUAL , T "Total Costa BP -2 Asphalt TON $ 64.00 1622.02 $ 103,809.28 Milling SY $ 3.50 380 $ 1,330.00 Tack Coat Gal $ 3.00 805 $ 2,415.00 Manhole Adjustments EA $ 200.00 7 $ 1,400.00 Thermoplastic $ 3,510.50 Paint $ 1,265.75 Total $ 113,730.53 Cherry Hill 7_ MATERIAUWOf t Umt UNIT COST ACTUAL a Total Cost BP -2 Asphalt TON $ 64.00 220.25 $ 14,096.00 Milling SY $ 3.50 0 $ - Tack Coat Gal $ 3.00 100 $ 300.00 Manhole Adjustments EA $ 200.00 0 $ - Paint $ 109.50 Total $ 14,505.50 Parkview MATERIAUWORK I Lfn I UNIT COST JAZTUAL Total Cost BP -2 Asphalt TON $ 64.00 341.08 $ 21,829.12 Milling SY $ 3.50 230 $ 805.00 Tack Coat Gal $ 3.00 250 $ 750.00 Manhole Adjustments EA $ 200.00 0 $ - Paint $ 117.00 Total $ 23,501.12 Broadway BP -2 Asphalt TON $ 64.00 1251.94 $ 80,124.16 Milling SY $ 150 5266 S 18,431.00 Tack Coat Gal $ Manhole Adjustments EA $ Thermoplastic Paint Total JFountain 3.00 750 $ 2,250.00 200.00 2 $ 400.00 $ 10,398.63 $ 132.50 $ 111,736.29 BP -2 Asphalt TON $ 64.00 852.56 $ 54,563.84 Milling SY $ 3.50 295 $ 1,032.50 Tack Coat Gal $ 3.00 300 $ 900.00 Manhole Adjustments EA $ 200.00 4 $ 800.00 Total $ 57,296.34 Clark.v.,,. BP -2 Asphalt TON $ 64.00 146.01 $ 9,344.64 Milling SY $ 3.50 125 $ 437.50 Tack Coat Gal $ 3.00 150 $ 450.00 Asphalt Patch SY $ 40.00 83.33 $ 3,333.20 Total $ 13,565.34 Kiwanis MATER1ALiWORK Unit„ UNIT COST . ACTUAL .`'Total Cost " BP -2 Asphalt TON $ 64.00 1121.92 $ 71,802.88 Milling SY $ 3.50 1213 $ 4,245.50 Tack Coat Gal $ 3.00 500 $ 1,500.00 Manhole Adjustments EA $ 200.00 0 $ - Grading SY $ 2.00 1150.56 $ 2,301.12 Thermoplstic $ 798.75 Paint $ 568.25 Total $ 81,216.50 West End BP -2 Asphalt TON $ 64.00 354.01 $ 22,656.64 Milling SY $ 3.50 998 $ 3,493.00 Tack Coat Gal $ 3.00 250 $ 750.00 ManHole Adjustments EA $ 200.00 5 $ 1,000.00 Thermoplastic $ 933.50 Total $ 28,833.14 Water Plant 2 MATERIAL/WQRK* = Unt6 ': UNIT COST �AC UAL n,'� Total Cosa _° Bit Base Asphalt TON $ 64.00 155.5 $ 9,952.00 Aggregate SY $ 15.00 82.5 $ - Tack Coat Gal $ 3.00 70 $ - Grading SY $ 2.00 940 $ 1,880.00 Total SY $ 2.00 65.33 $ 11,832.00 Themis $ 5,880.66 v MAgTERIAL/WORKa . Unit>° ' UNIT°COST .ACTUAL Total Cos . BP -2 Asphalt TON $ 64.00 290.39 $ 18,584.96 Milling SY $ 3.50 975 $ 3,412.50 Tack Coat Gal $ 3.00 150 $ 450.00 Man Holes EA $ 200.00 - $ - Total $ 22,447.46 Optimist MATERIAUWOR_K Unrfi; - UNIT. COST: ACTUAL p, Total cow'".' BP -2 Asphalt TON $ 64.00 329.04 $ 21,058.56 Milling SY $ 3.50 134 $ 469.00 Tack Coat Gal $ 3.00 175 $ 525.00 SY $ - Total $ 22,052.56 Jaycee Traffic Control $ 10,000.00 Total Estimated$ $1,150,265.72 Total Actual161.,34$x29 Variance from contract Price $ 11,082.57 Percent difference 0.9635% MATERIALIWORK Unit UNIT COST JACTUAL =' Total Cost, BP -2 Asphalt TON $ 64.00 82.5 $ 5,280.00 Milling SY $ 3.50 70 $ 245.00 Tack Coat Gal $ 3.00 75 $ 225.00 Grading SY $ 2.00 65.33 $ 130.66 Total $ 5,880.66 Traffic Control $ 10,000.00 Total Estimated$ $1,150,265.72 Total Actual161.,34$x29 Variance from contract Price $ 11,082.57 Percent difference 0.9635% CHANGE ORDER # 1 & FINAL PROJECT TITLE: 2009 Overlay Program CONTRACT DATE: CONTRACTOR: ASA Asphalt Inc. The following changes are hereby made to the Contract Documents: This FINAL Change Order is to add any items necessitated by field conditions and to bring all items up to AS CONSTRUCTED quantities. PART I. CONTRACT ITEMS ITEM NO DESCRIPTION UNIT AS BUILT UNIT PRICE QUANTITY COMPL TOTAL 1 City Approved Thin Lift Material TONS 435.02 $ 64.00 $ 27,841.28 2 Bituminous Pavement Mixture BP -2 TONS 13622.lS $ 64.00 $ 871,820.16 3 Bituminous Pavement Mixture (SIT Base) TONS 155.E S 64.00 $ 9,952.00 4 Tack Coat GAL 8305 S 3.00 $ 24,915.00 5 Prime Coat GAL I $ 5.00 $ - 6 Adjust Manhole EA 38 $ 200.00 $ 7,600.00 7 Adjust Water Valve EA 23 S - $ - 8 Milling SY 48281.8 $ 3.50 $ 168,986.30 9 Traffic Control LS 1 $ 10,000.00 $ 10,000.00 10 Striping -Single yellow Line, Single white line LF 6991 $ 0.25 $ 1,747.75 11 Striping - Skip yellow Line, Skip white line Thermoplastic LF 4,050.00 $ 1.25 $ 5,062.50 12 Striping- Single yellow Line, Single white tine Thermoplastic LF 3,028.25 $ 1.25 $ 3,785.31 13 Striping- Double Yellow Line Thermoplastic LF 6830.5 S 2.25 S 15,368.63 14 Striping - Cross Walk Block Thermoplastic EA 6.5 $ 45.00 $ 292.50 15 Striping - Stop Bar Thermoplastic EA 48 $ 75.00 $ 3,600.00 16 Striping- Turn Arrow Thermoplastic EA 15 $ 60.00 S 900.00 17 Grading SY 2155,8 $ 2.00 S 4,311.78 18 Asphalt Patch SY 1 83.3 $ 40.00 $ 3,333.20 19 Type 5 Aggregate Base TONS 01 $ 15.00 $ - $ 1,159,516.41 Change Order # 1 Final 2009 Overlay Program Page 1 of 3 PART 2. NEW CONTRACT ITEMS ITEM NO DESCRIPTION UNIT AS BUILT QUANTITY CONTRACT PRICE TOTAL 20 Striping — Stop Bars paint EA 17 $ 55.00 $ 935.00 21 Striping— Turn Arrows paint EA 9 $ 40.00 $ 360.00 22 Striping — Crosswalk Blocks paint EA 19 $ 25.00 $ 475.00 23 Striping — Chevrons/Cross Hatch Thermoplastic LF 16.5 $ 3.75 $ 61.88 $ 1,831.88 JUSTIFICATIONS: This final change order adds and removes items that were warranted by field conditions unforseen in the design phase and brings all items to as -built quanitities. Waterborne paint was used were Thermoplastic could not be applied Additional parking on Kiwanis Dr. was added during construction as requsted by Dan Muser The length of planned paving on South Sprigg Street was extended by 100 feet at William in three Directions CONTRACT PRICE: Original contract price: $ 1,150,265.72 Contract price as adjusted by previous change orders: $0.00 Current contract price due to this change order will be increased by: $ 11,082.56 The new contract price due to this change order will be: $ 1,161,348.28 CONTRACT TIME: Original contract time: Substantial Completion D Final Completion Eighty Five(85) working days One Hundred Five(105) working days Current contract time as adjusted by previous change orders: Substantial Completion No Change D Final Completion No Change Change Order 9 1 Final 2009 Overlay Program Page 2 of 3 Current contract time due to this change order will be increased by: CI Substantial Completion zero (0) calendar days ❑ Final Completion Zero (0) calendar days The new contract time due to this change order will be: C Substantial Completion ❑ Final Completion JUSTIFICATION: No time is needed to finish project. APPROVALS REQUIRED: Eighty Five(85) working days One Hundred (105) working days To be effective, this Change Order must be approved by the owner if it changes the scope or objective of the project or may otherwise be required under the terms of the Supplementary General Conditions of the Contract. Recommended by G�-Dial, Project Manage' Approved by J Tim Gram' ublic Works ector Approved by Scott Nreyer, Cityn ger // Accepted by For AS Asphalt, Ine! Date Date Date Date Change Order # 1 Final 2009 Overlay Program Page 3 of 3 CITY OF CAPE GIRARDEAU Office of the City Manager Council Memorandum No. 10-02 Agenda January 4, 2010 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Appointment to the Board of Adjustment Dear Mayor and Council Members: One position on the Board of Adjustment is presently vacant. This position was previously held by Mr. George Peo. Expiration of his term is March 6, 2014. A copy of the advisory board roster is attached for your information. According to Section 30-61 of the City Code, "The Board shall consist of five members who shall be freeholders and residents of the city, appointed by the mayor and approved by the city council... Three alternate members may be appointed to serve in the absence of, or the disqualification of, the regular members. " Board members serve a five year term. Mr. Timothy Kelley has served as an alternate member of this board since April of 2008, and he is interested in being appointed to a full member position. In addition, Mr. John Blackwell, Ms. Krisinda Cook, and James Matchell have expressed interest in serving on this board, and their summary sheets are attached. Unless directed otherwise, one appointment to the Board of Adjustment for a term expiring March 6, 2014, will appear on your next agenda for consideration. If Mr. Kelley is appointed to this position, then an appointment will need to be made to fill his alternate member position for a term expiring September 4, 2010. If you have any questions or comments, please do not hesitate to contact this office. Respectfully submitted, Jt Gayle . Conrad Scott A. e City Clerk City Manager CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees December 21, 2009 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Board ofAdiustinent Serve five year terns, appointed by Mayor, approved by Council. Meetings held first Thursday at 7:00 p.m. in the Council chambers. Board considers requests for variances from the Zoning Ordinance provisions. Staff contact —Tim Morgan, Inspection Services Director 339-6328. Date Appointed Date Reappointed Term Expires Mark Buerck 6/95 alt; 1/22/02 2/22/05 March 6, 2010 David Hinton (alternate) September, 1990 9/5/95; 10/9/00; 8/15/05 September 4, 2010 Edward Hart (alternate) January 22, 2002 8/15/05 September 4, 2010 Timothy Kelley (alternate) April 21, 2008 --- September 4, 2010 Larry Caldwell June 6, 2005 alternate 8/15/05 March 6, 2011 9/4/07 full member William Whitlock December 4, 2603 February 20, 2007 March 6, 2012 Daniel F. Little, Chairman February 17, 1993 2/17/98; 2/19/03; 2/19/08 March 6, 2013 Vacant (Peo) --- --- March 6, 2014 Serve five year terns, appointed by Mayor, approved by Council. Meetings held first Thursday at 7:00 p.m. in the Council chambers. Board considers requests for variances from the Zoning Ordinance provisions. Staff contact —Tim Morgan, Inspection Services Director 339-6328. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name I'.,-,oA 4,, L _ Kelle, -Telephone: Day 33S- Z3oo Home Address 2o38 Clnesoja .nk tQye &App Evening 33q-3_3_yy E-mail Address 4 ; ,m Z C,q,oil- aI ;M3 At, 12",4 . Co w% I Year Current Residence in Cape Girardeau Began 2.00 s Current Employer and Position (20p ; . T� S AS<oe PiP+ c�P 1 Previous Employers and Positions In which Board(s) are you interested? f Z Cul), ie� T. V (3oa+e� o� 14 dius�bw�w# Special Qualifications for specific board(s) (include past board service) Educational Background Cb/low 6LI', ¢✓ n l ARo 0 ,in.. C�e . Community Activities (Include offices held and committee service) ISOA.I j�JMPwA14Q.J OY MO. A%30C. Cit X6&S Jjg"C e -Ji o✓ $ou.I4. i� �u.� A....1 N P.j ✓ A,0t 1n J,l L u,A A Q,✓ (!olu.i.1 A T"5, ,4 t ✓J..�l� 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? X Yes ❑ No By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. igned reneuked 015/07 Date _.Un ,OZ 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, MISSOURC'�jv�® BOARD MEMBER SUMMARY tQQg Name J o � N IJ A (–ko ,u— Telephone: Day -e43 – (p 10 5 Home Address Boo mq 16 ed POA Ce / Evening 3�j (Q 6 7 E-mail Address J���eH��n& 967L1nqi` r �OM Year Current Residence in Cape Girardeau Began Current Employer and Position Previous Employers and Positions In which Board(s) are you interested? d -z- �Q,V (' w, // Special Qualifications fors ecific board(s) (include past board service) Iv� nl w %� �o zCX ell) SCA 6 ivities (Include offices held and committee service) Y- nwu", <.n /w Srox�-c Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime Would you like to receive news from the City via e-mail? Yes ❑ No Would you lik < to attend a City Council Study Session when your application comes before the Council for consideration?Yes ❑ No By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. it Signed ** Board Date -r//) 6 Summary Sheets are valid f r 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 , f Name riSinda Cook Telephone: Day ,3,3'7-53/333 Home Address I I q E Cane, o elt Dr 1. ✓G Evening E-mail Address 16r is a )dacoob CL y ahoo -corn - Year Current Residence in Cape Girardeau Began born 3 raged Y r_ e re, ► / Current Employer and Position (,X �iQ NQYZdS Z*IC — O Oe rGt-itOY1S !"IQYICt J Previous Employers and Positions Calnne--narjcc�lws-jn"Ir GAA1a 'lf.'AAA In which Board(s) are you interested? Special Qualifications for specific board(s) (include past board service) of (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 ✓ B. Morning Noon Afternoon Evening Anytime Would you like to receive news from the City via e-mail? 0Yes ❑ No By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed Date Q .4 ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Boz 617, Cape Girardeau, MO 63702-0617. i ;I _1VLL1 1` 2009 CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY wK- 33y- 8 Y �y Name 1190E_5 A 12,74T X"-1/ Telephone: Day_!29//- 837-9114o Home Address 0760 6 - C'w9 E-mail Address b,5 70 ! Evening 3 3 S 3 ysS- Year Current Residence in Cape Girardeau Began Current Employer and Position Previous Employers and Positions In which Board(s)nare you interested?/ j'k� ec� o�90�cu fir F J� �l/gvv/niq/f Zvti/�✓� �'r.�vNlSSle ✓f %7$��lC'A//`iP�.��C/�1D.1/ CDS I �iSSfON /i`7 1cS y-.C�id'.� a7aon✓ fld /So�✓ .(�A.�-(� Special Qualifications for specific board(s) (include past board service) ,1-�flT�.t.F[�- itJ IJF :✓P �tiu�3/C/^r/� �✓ %�F' �'-�i�-iir+.�..✓.1�1/f �ff.r/A9E /GS zt Gzk i'- fel ��<<' Sou,.�d (�C���a.✓S / rid' 4ocs��cv>,r�D..� .S'F.US�''_ Educational Background f-/%/, Set 0 / 6',Q44 / ,y.E zy,�,- _ Community Activities (Include offices held and committee service) //i �z�� Ate/ /sc e✓ i3c��rP�l Z!Gg 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 X Anytime Would you like to receive news from the City via e-mail? Al- Yes ❑ No Would you like to attend a City Council Study Session when your application comes before the Council for consideration? N Yes ❑ No By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed / ' �ir� •J �/ /`� Date Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU Office of the City Manager Council Memorandum No. 10-03 Agenda January 4, 2010 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Appointments to the Board of Examiners Dear Mayor and Council Members: Two terms on the Board of Examiners are set to expire January 1, 2010. These positions are presently held by Tim Pinkley and Dennis Coomer. Both have expressed interest in being reappointed to the Board, and their board summary sheets are attached for your review. In addition, there is one vacant position on the board previously held by Leonard Jansen. For your review attached are copies of the board roster, attendance roster, and Section 15-426 of the Code of Ordinances which outlines the requirements for the board. There are no other qualified applications on file for this board. Unless directed otherwise, two appointments to the Board of Examiners for terms expiring January 1, 2013, will appear on your next agenda for consideration. The staff will continue to actively pursue applicants for the vacant position. If you have any questions or need further information, please let me know. Respectfully submitted, t Conrad City Clerk Scott A. M er City Manager CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees December 21, 2009 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Board of Examiners Date Appointed Vacant (Jansen) --- Tim Pinkley*, Chairman February 20, 2007 (plumber/meth install.) Dennis Coomer* (plumber/mech. install) February 20, 2007 const./ electrician) Aaron Altenthal (plumber/mech. Install) November 16, 2009 Stanley Wicks (electrician) December 21, 1998 George Reutzel (construction/electrician) June 21, 1999 Danny E. Stitz (plumber/mech. install.) July 21, 1997 Marc Wicks (at large) September 18, 2006 Date Reappointed Term Expires January 1, 2010 January 1, 2010 January 1, 2010 January 1, 2011 12/17/01;1/18/05;-12/17/07January 1, 2011 6/17/02; 6/20/05; 6/4/07 July 1, 2011 7/1/08 12/20/99; 12/16/02; January 1, 2012 12/19/05; 12/15/08 7/7/08?; 12/15/08 January 1, 2012 Serve three year terms, 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 1 of the construction -ades and be licensed in and actually engaged in working at their construction trade at the time of appointment. These four _nembers 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 practitioner of 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) Tenn, 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) Meetings. 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 drainlayer'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) BOARD OF EXAMINERS Attendance Record Ordinance effective 4/13/00 X = present, A = absent '.;2009 `:" Jan 7 1 Feb I 4 Mar I 4 Apr 1 x a.x May 6 Jun 3 Jul 1 Aug 5 Sep Oct 7 Nov 4 Dec 1st 2 letter 2nd letter 3rd termi- letter nated Altenthal, Aaron Appointed 1.1/16/09 P P ,,; A P N P P P P N O M Coomer, Dennis P I O P P P P P vacant P P N A N 0 M E P P P =:: P P Jansen, Leonard P A A A 0 M E A A A A passed away12/27/09 12/27/09 Pinkle , Tim P P ',, =_'. P P JAA ReutzeI Geor, e P P i_ P P P P P P P P P P Stitt, Dan P N P P P P P"'. ''P P I P T N P T N G P A P Wicks, Marcus P P P P P P P P Wicks, Stan P P P7 P G P P P A 2008 ' "` Jan 2 Feb 6 Mar 5 Apr 2 "' May 7 Jun 4 Jul 2 Aug 6 Sep 3 Oct 1 Nov 5 Dec 3 1st 2nd 3rd termi- letter letter letter nated Coomer, Dennis P P P P ,,; A P N P P P P N O M Jansen, Leonard P A P A P P O P P P P vacant M Pinkle ,Tim Reutzel, George P P P P P P P P' =:: P P P P E P P P P P P P P E N Stitz, Dan I P I P I P I P P P I P P P P Wicks, Marcus P P A P f ..,,; P P N P P P P Wicks, Stan I P I P I P I P I I P G P A I A P G 10/20/08 CITY OF CAPE GIRARDEAU, MISSOURI /` BOARD ME _ BER SUMMARY 3 3 y" S-2/ZZ , ��6 Name I -e t e n rlI' S '� Telephone: Day o�f /' Home Address (� I j� l J C i!lo Evening y 3 O E-mail Address Year Current Residence in Cape Gira eau Began / Current Employer and Position i7 'kn 2r 4 ' tl W X C 0 -cd ✓) e?-1— Previous Employers and Positions In which Board(s) are you interested? DOQ rl t)rs for specific b Ioard(s) (include past board service) v P�Jt�r �iCP^S-P i n e/ u -e � Qrec) f -d V s /I V/� B rA 'Ed o1J1CJ_ Educational Background Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please the k one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime By signing this document, you ee to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) ns cutive months, will result in your position being automatically forfeited on the board/co Sion. i Signed Date ** Bo e ber 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 7 // Name ' I ' n^, P, n �6% Telephone: Day / �%' M/� Home Address 3 a `I U Go Evening 3 5 `/- S o 5 2 E-mail Address Year Current Residence in Cape Girardeau Began X985 �? 6U(o Current Employer and Pesition �l v2 i r'/ �) ' CJ W 'A e C - Previous Employers and Positions ' i` P q �� r r d 1^ c l k l LP r In which Board(s) are you interested? Dua r G it P >( t,\,e r s Special Qualifications for specific board(s) (include past board service) t� Educational Background GC�tit��* /—li'4 s� y tett S Cc, VoCct�cr c� 5Ll-o.L4 Ca 4-AIG.QG,Ge� Community Activities (hiclude 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 _>L_ Anytime Would you like to receive news from the City via c -mail? ❑ Yes -J4 No By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed �� Date / -3 ** 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. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 21, 2009 DkOT REGULAR SESSION —DECEMBER 21, 2009 The Cape Girardeau City Council convened in regular session on Monday, December 7, 2009, at 7:00 p.m., with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Mark Lanzotti, Marcia Ritter, Loretta Schneider, and John Voss present. Council member Debra Tracy was absent. Reverend Stan Hargis, of Southeast Missouri Hospital Hospice, presented the invocation, and Elwood Voss, of Boy Scouts of America Troop 8 from Trinity Lutheran School, led the Pledge of Allegiance. Prior to the regular session, the City Council convened in closed session for purposes of discussing personnel, litigation, and confidential communications with the City Attorney pursuant to RSMo. Sections 610.021(1) and (3) upon Mr. Voss' motion, Mr. Lanzotti's second, and the following vote: Ayes, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. Mr. Herbst was absent for the study session. The minutes of the December 7, 2009, regular and closed sessions were approved upon Mr. Herbst's motion, Ms. Ritter's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. The agenda was approved as distributed upon Mr. Voss' motion, Ms. Ritter's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. COUNCIL COMMUNICATIONS Mayor Knudtson welcomed members of Boy Scout Troop 8 who were present to earn a citizenship badge. Ms. Marla Mills, of Old Town Cape, introduced members of the Downtown Strategic Plan Team who were present at the meeting, as well as Mr. Russ Volmert, of PGAV. Mr. Volmert presented Mayor Knudtson with a Certificate of Honorable Mention for the Downtown Strategic Plan given by the Missouri Chapter of the American PlanningAssociation. He said that the Association could see the City's Strategic Plan being accomplished, and that Cape Girardeau is the only Downtown Revitalization and Economic Assistance for Missouri (DREAM) community to have adopted a Strategic Plan. Mr. Lanzotti stated that there had been traffic issues in the past on William Street near the mall. He commended the Missouri Department of Transportation for street improvements in the area to improve traffic flow. Mayor Knudtson remarked that through the planning process, the City staff is working on orderly growth of the City and new zoning codes. Mr. Lanzotti said that the new zoning codes are available to view online at the City's web site, and the first public meeting to review the codes will be on Tuesday, January 5, 2010. CITY MANAGER COMMUNICATIONS City Manager Scott Meyer said that the City is collaborating with the DREAM members to improve the downtown area. He said that he has been meeting with City employees over the last two weeks and listening to what they have to say and what their concerns are. Mr. _Meyer recognized Levi Asher, from the Public Works Department, for his enthusiasm for working for the Proceedings of the City Council, City of Cape Girarde Regular Session December 21, 2009 ban City. Mr. Meyer also said he will not be at the January 4, 2010, City Council meeti Planning Services Director Mr. Ken Eftink will be seated at the Council table in his place. APPEARANCES Ms. Jeana Schoener, of 1138 Oak Ridge Court, appeared before the Council to request a public hearing regarding her request for a Special Use Permit for a photography business located at 3601 Old Hopper Road, within a R-1 (single-family residential) district. Mr. Voss made a motion, seconded by Ms. Ritter, to set a public hearing for the January 19, 2010, City Council meeting to address Ms. Schoener's request for a Special Use Permit for a photography business located at 3601 Old Hopper Road. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. CONSENT ORDINANCES The following bills were given second and third readings BILL NO. 09-188 AN ORDINANCE APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR STORMWATER AND PARKS IMPROVEMENT PROJECTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 09-190 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, BY ESTABLISHING A NO PARKING ZONE ON THEMIS STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 09-191 AN ORDINANCE AUTHORIZING ACCEPTANCE OF PERMANENT DRAINAGE EASEMENTS FROM VARIOUS PROPERTY OWNERS ON ALBERT STREET FOR THE PURPOSE OF DRAINAGE AND STORMWATER MAINTENANCE IN THE CITY OF CAPE GIRARDEAU. MISSOURI The second and third readings of BILL NOs. 09-188, 09-190, and 09-191 were approved and the Ordinances adopted upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. BILL NO. 09-188 is ORDINANCE NO. 4086; BILL NO. 09-190 is ORDINANCE NO. 4087; and BILL NO. 09-191 is ORDINANCE NO. 4088. NEW ORDINANCES BILL NO. 09-193 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR LEWIS AND CLARK PARKWAY BETWEEN LASALLE AVENUE AND COUNTY ROAD 618 The first reading of BILL NO. 09-193 was approved upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. BILL NO. 09-194 was given first reading as follows: Proceedings of the City Council, City of Cape Gir au, Regular Session December 21, 2009 t " - 9 AN ORDINANCE APPROVING THE RECORD PLAT OF ROBINSON SUBDIVISION The first reading of BILL NO. 09-194 was approved upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. BILL NO. 09-195 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF RIVER BEND SUBDIVISION The first reading of BILL NO. 09-195 was approved upon Mrs. Schneider's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. BILL NO. 09-196 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST CROSSINGS -PHASE II AMENDED The first reading of BILL NO. 09-196 was approved upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Lanzotti, Ritter, Schneider and Voss. Nays, none. Mayor Knudtson abstained from voting on BILL NO. 09-196 for financial reasons because one of the parties involved has a financial interest at the bank where he works. BILL NO. 09-197 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF CAPE WEST 13 TI SUBDIVISION The first reading of BILL NO. 09-197 was approved upon Mrs. Schneider's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. BILL NO. 09-198 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF A RESUBDIVISION OF LOTS C 19. C20 AND C21 OF THE HIGHLANDS AT DALHOUSIE-PHASE III The first reading of BILL NO. 09-198 was approved upon Mrs. Schneider's motion, Ms. Ritter's second, and the following vote: Ayes, Herbst, Knudtson, Ritter, Schneider and Voss. Nays, none. Mr. Lanzotti abstained from voting on BILL NO. 09-198 because he has a representative relationship with one of the parties involved BILL NO. 09-204 was given first reading as follows: AN ORDINANCE AMENDING SECTION 22-111(A) OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING WEEDS The first reading of BILL NO. 09-204 was approved upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. Mayor Knudtson said that this Ordinance would clarify the City's Code of Proceedings of the City Council, City of Cape Girardeau,)Mo Regular Session December 21, 2009 '$' 1130 Ordinances that property owners are responsible for mowing grass on the City right-of-way between their yard and the City street. BILL NO. 09-205 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,000,000 PRINCIPAL AMOUNT OF WATERWORKS SYSTEM REVENUE BONDS (STATE OF MISSOURI - DIRECT LOAN PROGRAM - ARRA) SERIES 2010 OF THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR THE PURPOSE OF EXTENDING AND IMPROVING THE CITY'S WATERWORKS SYSTEM; PRESCRIBING THE FORM AND DETAILS OF THE BONDS AND THE AGREEMENTS MADE BY TILE CITY TO FACILITATE AND PROTECT THEIR PAYMENT AND PRESCRIBING OTHER RELATED MATTERS The first reading of BILL NO. 09-205 was approved upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. RESOLUTIONS BILL NO. 09-199 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDITIONAL SERVICES LETTER OF AGREEMENT WITH GLATTING, JACKSON, KERCHER, ANGLIN, INC. FOR BRANDING SERVICES FOR DOWNTOWN CAPE GIRARDEAU The reading of BILL NO. 09-199 was approved and the Resolution adopted upon Mrs. Schneider's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. BILL NO. 09-199 is RESOLUTION NO. 2501. Mayor Knudtson stated that this Agreement would be an expansion on the existing Downtown project and will enhance the current wayfinding agreement. It will be used to brand the riverfont, Broadway and theHaarig districts. BILL NO. 09-200 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH 4 -SIGHT COUNSELING, INC., TO PROVIDE HOUSING COUNSELING AND OPERATION ASSISTANCE REGARDING THE NEIGHBORHOOD STABILIZATION PROGRAM, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 09-200 was approved and the Resolution adopted upon Mr. Herbst's motion, Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. BILL NO. 09-200 is RESOLUTION NO. 2502. BILL NO. 09-201 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEMOLITION CONTRACT WITH J. W. TRANSPORT, LLC The reading of BILL NO. 09-201 was approved and the Resolution adopted upon Mrs. Schneider's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 21, 2009 k,,j Lanzotti, Ritter, Schneider and Voss. Nays, none. BILL NO. 09-201 is RESOLUTION NO. 2503. BILL NO. 09-202 was presented as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, EXPRESSING AND CONFIRMING SUPPORT FOR THE CLEAN AIR ACTION PLAN The reading of BILL NO. 09-202 was approved and the Resolution adopted upon Mr. Voss' motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. BILL NO. 09-202 is RESOLUTION NO. 2504. Mayor Knudtson described the purpose of the Clean Air Action Plan, and the City's roll in supporting it. Mr. Lanzotti stated that the MAGNET Board and several other counties will be supporting this Plan. These are voluntary guidelines to assist in meeting the Environmental Protection Agency's regulations. BILL NO. 09-203 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO BROADCAST AND RECORD CAPE GIRARDEAU CITY COUNCIL MEETINGS WITH SEMO VIDEO PRODUCTIONS, LLC The reading of BILL NO. 09-203 was approved and the Resolution adopted upon Mr. Voss' motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. BILL NO. 09-203 is RESOLUTION NO. 2505. Mr. Voss recognized Ron Duff Productions for his many years of service to the City. Mayor Knudtson said that this was a competitive bid process; Mr. Duff has done an excellent job over the years and the City commends him on his work. APPOINTMENTS Mr. Justin Albright was appointed to the Airport Advisory Board for a term expiring April 30, 2012, and Mr. Sam Blackwell was appointed to the Airport Advisory Board for a term expiring April 30, 2011, upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. LIQUOR LICENSES Mrs. Schneider made a motion, seconded by Mr. Herbst, to conditionally approve a retail liquor by the drink and Sunday sales license for PI -IC Cape, LLC, d/b/a The Pasta I -louse Company, 2406 William, Stephen Welkener, Manager Officer. The motion was approved upon the following vote: Ayes, Herbst, Knudtscn, Lanzotti, Ritter, Schneiderand Voss. Nays, none. Mrs. Schneider made a motion, seconded by Mr. Herbst, to approve a change in type of liquor license to original package, Sunday sales and wine tasting for Sam's East, Inc., d/b/a Sam's Club #6479, 232 Shirley Drive, Lorene Samson, Managing Officer. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none Proceedings of the. City Council, City of Cape Girardeau, Mo Regular Session December 21, 2009 -432 .... OTHER Ms. Ritter made a motion, seconded by Mr. Voss, to accept the annual City audit prepared by Beussink, Hey, Roe, Seabaugh and Stroder, LLC, for the fiscal year ending June 30; 2009. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. There being no further business, the City Council adjourned upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider and Voss. Nays, none. Jay B. Knudtson, Mayor Gayle L. Conrad, City Clerk I