Loading...
HomeMy WebLinkAboutCouncil.Agenda.08-15-2011.PacketCITY COUNCIL REGULAR MEETING AGENDA Monday, August 15tn, 2011 CAPE GIRARDEAU, MISSOURI Harry E. Rediger, Mayor John Voss, Ward 1 Meg Davis Proffer, Ward 2 Debra Tracy, Ward 3 Loretta Schneider, Ward 4 Mark Lanzotti, Ward 5 Kathy Swan, Ward 6 Monday, August 15, 2011 Study Session 5:00 p.m. Council Chambers City Hall 401 Independence Cablecast on: City Public Access Channel 993 www.cityofcapegirardeau.org Items for Discussion • Planning & Zoning Commission Report — Bill Hinckley • Tangible Results — Efficient Movement of People and Goods — Bruce Loy • 2009 International Building Code Report — Kelly Green • Appearances regarding items not on the agenda • Airport Advisory Board appointment • Golf Course Advisory Board appointment • Agenda review No action will be taken during the study session Closed Session Following Study Session Items for Discussion: • Confidential communication with the City Attorney, litigation, property acquisition and personnel, pursuant to RSMo. Sections 610.021(1), (2) and (3) The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, hold a closed session to discuss legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, promotion of personnel, employee labor relations, or confidential or privileged communications with its attorneys. Specifically, the City Council will hold a closed session to discuss legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021(1), 610.021(2), and 610.021(3). City Council Agenda Page 2 August 15, 2011 Regular Session 7:00 p.m. Invocation — Rev. Debbie Thornton, St. James African Methodist Episcopal Church Pledge of Allegiance Call to Order/Roll Call Adoption of the Agenda Presentations • None Communications/Reports • City Council • City Manager and Staff Public Hearings A public hearing to discuss an application to be submitted for the Fiscal Year 2011 Community Development Block Grant (CDBG) program, requesting funding to assist in flood recovery efforts and to prevent further deterioration of infrastructure and businesses in the community. (Agenda Item No. 15, BILL NO. 11-133) Report No. 11-172 2. A public hearing to discuss an application to be submitted to the Missouri Department of Economic Development under the Community Development Block Grant (CDBG) program, for an action fund loan to assist a new company in locating to the area. (Agenda Item No. 16, BILL NO. 11-135) Report No. 11-173 Appearances Individuals who wish to make comments regarding items scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must state his/her name and address for the record. The timer will buzz at the end of the speaker's time. 0 Items listed on the agenda City Council Agenda Page 3 August 15, 2011 Consent Agenda The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to the members of the audience. All matters listed within the Consent Agenda have been distributed to each member of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be enacted by one motion of the council with no separate discussion. Staff recommends approval of the Consent Agenda. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the City Council. 3. Approval of the following City Council meeting minutes: • August 1, 2011, regular and closed sessions 4. BILL NO. 11-117, an Ordinance repealing Chapter 23 of the Code of Ordinances of the City of Cape Girardeau and enacting a new Chapter 23 relating to Stormwater Management Regulations. Second and Third Readings. Report No. 11-159 5. BILL NO. 11-118, an Ordinance repealing Chapter 12 of the Code of Ordinances of the City of Cape Girardeau and enacting a new Chapter 12 relating to Flood Plain Management Regulations. Second and Third Readings. Report No. 11-160 6. BILL NO. 11-119, an Ordinance repealing Chapter 29 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and enacting a new Chapter 29 regarding Water and Sewers. Second and Third Readings. Report No. 11-161 7. BILL NO. 11-120, an Ordinance amending Section 25-114 of the Code of Ordinances of the City of Cape Girardeau, Missouri regarding fees. Second and Third Readings. Report No. 11-162 8. BILL NO. 11-121, an Ordinance amending Section 5-12(b) of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding intoxicating liquor and possession of intoxicating liquor by a minor. Second and Third Readings. Report No. 11-163 9. BILL NO. 11-122, an Ordinance amending Section 1-14 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding ward boundaries. Second and Third Readings. Report No. 11-164 10. BILL NO. 11-123, an Ordinance providing for the levying of the annual city revenue tax; public health tax; Special Business District No. 2 tax; for the fiscal year ending on the 30th day of June, 2012. Second and Third Readings. Report No. 11-165 Cit' Council Agenda Page 4 August 15, 2011 11. BILL NO. 11-126, an Ordinance annexing land on Cougar Run to the City of Cape Girardeau, Missouri, upon the request of Matthew and Michele Rubel and Terry and Marla Mills. Second and Third Readings. Report No. 11-166 12. BILL NO. 11-127, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by zoning 155 and 181 Cougar Run, located in the City and County of Cape Girardeau, Missouri, as R-1. Second and Third Readings. Report No. 11-167 13. BILL NO. 11-128, an Ordinance amending the boundaries of Ward 6 to include property annexed by the City of Cape Girardeau located at 155 and 161 Cougar Run, in the City of Cape Girardeau, Missouri. Second and Third Readings. Report No. 11-168 14. BILL NO. 11-130, an Ordinance amending Schedule P of Section 26-248 of the City Code, establishing limited parking on Park Avenue, Normal Avenue, West End Boulevard and Highland Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 11-131, an Ordinance amending Schedule F of Section 26-247 of the City Code by establishing no parking on West End Boulevard, Normal Avenue and Rockwood Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. Report No. 1 l -169 15. BILL NO. 11-133, a Resolution authorizing the City of Cape Girardeau, Missouri, to prepare and submit an application to the Community Development Block Grant Program to assist in flood recovery efforts and to prevent further deterioration of infrastructure and business in the community. Reading and Passage. Report No. 11-172 16. BILL NO. 11-135, a Resolution of the City of Cape Girardeau, Missouri, stating intent to seek funding through the Community Development Block Grant Program and authorizing the City Manager to pursue activities in an attempt to secure funding. Reading and Passage. Report No. I 1-173 17. A motion rejecting all bids for Bicycle Lane Striping submitted June 22, 2011. BILL NO. 11-137, a Resolution authorizing the City Manager to execute an Agreement with Road Safe Traffic Systems, Inc. for bicycle lane striping, in the City of Cape Girardeau, Missouri. Reading and Passage. Report No. 11-174 City Council Agenda Page 5 August 15, 2011 18. A motion accepting into the City system the sewer line extension and the extension of Commercial Street serving Fronabarger Concreters Development, and releasing the Escrow Agreement covering the cost of the improvements at 824 South Kingshighway. Report No. 11-175 Items Removed From Consent Agenda None New Ordinances 19. BILL NO. 11-132, an Ordinance approving the record plat of Georgia Place. First Reading. Report No. 11-176 20. BILL NO 11-134, an Ordinance accepting a permanent sanitary sewer easement, a temporary access easement, and a permanent utility easement from Fronabarger Concreters, Inc. on property at 824 S. Kingshighway. First Reading. Report No. 11-177 Appointments 21. Appointments to the Airport Advisory Board. Report No. 11-170 22. Appointments to the Golf Course Advisory Board. Report No. 11-179 Other Business 23. A motion filing the recommendation of the Planning and Zoning Commission to deny the request of Emad and Marie Salamy to obtain a Special Use Permit to allow the construction of self storage units at 1000 and 1012 North Sprigg Street in a C-1, General Commercial District; or in the alternative, a motion setting a public hearing on the request. Report No. 11-180 Meeting Adjournment *********** City Council Agenda Page 6 August 15, 2011 Memos • Downtown Strategic Plan Implementation for 2011/2012 fiscal year Memo No. l 1-44 • Utility Assistance Program Memo No. 11-45 • Broadway Corridor Enhancement Project Memo No. 11-47 Advisory Board Minutes • Board of Adjustment, June 2, 2011 • Airport Advisory Board, June 14, 2011 • Board of Examiners, July 6, 2011 • Girardeau Goes Green Advisory Board, July 12, 2011 • Board of Appeals, July 14, 2011 • Planning and Zoning Commission, August 10, 2011 Agenda: August Staff: Kelly Green, Int Interim AGENDA REPORT Development Services DirectorGirardeauCouncil SUBJECT Public Hearing for a Community Development Block Grant (CDBG) Application for flood recovery efforts. Resolution to authorize City Manager to submit an application to the Community Development Block Grant Program, accept any funds received through the Community Development Block Grant Program, and to execute all necessary grant documents. EXECUTIVE SUMMARY Conduct a Public Hearing to gather public input on flood assistance needs within the City. Furthermore, authorize the City Manager the authority to apply for, accept funds from, and execute documents to the Community Development Block Grant Program for such purpose. BACKGROUND/DISCUSSION An application requesting CDBG funds to assist in flood recovery efforts and to prevent further deterioration of infrastructure and businesses in the community. The application is being submitted to the Missouri Department of Econoinic Development under the Community Development Block Grant program. A Public Hearing is required in order to obtain citizen input on flood assistance needs within the City. Notice of this Public Hearing was published on August 4, 2011 in the Southeast Missourian. STAFF RECOMMENDATION The staff recommends that the City Council conduct a Public Hearing to gather public input on this grant application. After conducting the Public Hearing, staff recommends that the City Manager be authorized by resolution to apply for, accept funds from, and execute documents to the Community Development Block Grant Program for such purpose. ATTACHMENTS • BILL NO. 11-133, Resolution authorizing application and execution of documents • Public Hearing Notice Public Hearing Notice The City of Cape Girardeau will hold a public hearing on August 15, 2011 at 7:00p.m. at City Hall to discuss the submission of an application for the Fiscal Year 2011 Community Development Block Grant (CDBG) program. The City will be requesting CDBG funds to assist in flood recovery efforts and to prevent further deterioration of infrastructure and businesses in the community. For more information, or if you require special accommodations at the hearing, contact Mitch Robinson, Executive Director, MAGNET, at 573-334-5000. Agenda: August Staff: Kelly Green, Int Interim iAGENDA REPORT Development Services Director Cape GirardeauCouncil SUBJECT Public Hearing for a Community Development Block Grant (CDBG) Application for an Action Fund Loan. Resolution to authorize City Manager to submit an application to the Community Development Block Grant Program and to execute all necessary documents. EXECUTIVE SUMMARY A Public Hearing needs to be held to gather public input on community"and economic development needs with the City. Furthermore, authorize the City Manager the authority to apply for and execute documents to the Community Development Block Grant Program for such purpose. BACKGROUND/DISCUSSION An application requesting $400,000 in CDBG funds for an Action Fund loan to assist a new company in locating to the City is being submitted to the Missouri Department of Economic Development under the Community Development Block Grant program. A Public Hearing is required in order to obtain citizen input on community and economic development needs within the City. Activities that are eligible to be funded under this program include improvements to public works, site improvements, housing rehabilitation, among others. At least 51 percent of the beneficiaries must be low and moderate -income persons. The proposed project will provide new employment, of which at least 51 percent will be low and moderate -income persons. No displacement of persons will be proposed for this project. FINANCIAL IMPACT The proposed project could potentially increase tax revenues in the City by providing new employment opportunities. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The proposed project would provide new employment opportunities for low and moderate -income persons. STAFF RECOMMENDATION The staff recommends that the City Council hold the Public Hearing to gather public input on this grant application. After conducting the Public Hearing, staff recommends that the City Manager be authorized by resolution to apply for and execute documents to the Community Development Block Grant Program Action Fund Loan for such purpose. ATTACHMENTS • BILL NO. 11-135, Resolution authorizing application and execution of documents • Public Hearing Notice Public Hearing Notice The City of Cape Girardeau will hold a public hearing on Monday, August 15, 2011 at 7:00 p.m. at City Hall to discuss an application to be submitted to the Missouri Department of Economic Development under the Community Development Block Grant (CDBG) program. The City is interested in obtaining citizen input on community and economic development needs within the City. The maximum amount of funds available from the CDBG program depends upon the type of project, but cannot exceed $1,500,000 for economic development, $300,000 for public facilities projects, or $500,000 for neighborhood development projects. Activities that are eligible for funding include improvements to public works, site improvements, housing rehabilitation, and others allowed by law. At least 51% of the beneficiaries must be low and moderate -income persons. No displacement of persons will be proposed for this project. The City proposes to request $400,000 in CDBG funds for an Action Fund loan to assist a new company in locating to the area. The proposed project will provide new employment, of which at least 51% will be low and moderate -income persons. Economic Development staff will be present to answer question about the CDBG program and the proposed application. For more information, contact Mitch Robinson, Executive Director, Cape Girardeau Area MAGNET at 573-334-5000. Proceedings of the City Council, City of Cape Girard Regular Session Au ust l ZWT 2011 ii REGULAR SESSION — AUGUST 1, 2011 11 II The Cape Girardeau City Council convened in regular session ormonday, August 1, 2011, at 7:00 p.m., with Mayor Harry Rediger presiding and Council Members Mark Lanzotti, Meg Proffer, Loretta Schneider, Kathy Swan and John Voss present. Council Member Debra Tracy was absent. Mr. Leonard Cook, of St. John the Theologian Orthodox Church, presented the invocation, and the Pledge of Allegiance was recited Prior to the regular session, the City Council convened in closed session for purposes of discussing property acquisition, confidential communications with legal counsel, and personnel pursuant to Section RSMo. 610.021(1), (2) and (3) upon Mrs. Swan's motion, Mrs. Schneider's second, and the following vote: Ayes, Lanzotti Proffer, Rediger, Schneider, Swan and Voss. Nays, none. Mr. Voss made a motion, seconded by Mrs. Schneider, to remove the Resolution authorizing an application to the Delta Regional Authority to assist in flood recovery efforts from the Consent Agenda, and approve the Agenda as amended. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swanand Voss. Nays, none 11 PRESENTATIONS Mayor Rediger presented a Proclamation to Dr. Mike Cowan, Cape Central High SchoolPrincipal, and Ms. Julia Jorgensen, Librarian, honoring the 2011-2012 academic year as Cape Central High School's centennial year. The Mayor also presented a Proclamation to Mr. Richard Withers, with the Historic Preservation Commission, declaring August 2011 to be "Fort D Month." Mayor Rediger said that he had taken three tours through manufacturing facilities that are adding employees: Blair Best Box, Nordenia USA Inc. and Spartec Plastics. The Mayor announced the Special Olympics State Outdoor Championships will be held at the Shawnee Park Sports Complexfrom August 12-14, 2011. Mr. Voss said that he and Mrs. Swan had participated in a neighborhood meeting regarding the nuisance party ordinance. The neighborhood meeting provided education on how to utilize the Ordinance. Mrs. Swan said that a form was posted on the Cape Girardeau Police Department web site with step-by-step directions for filing a nuisance party complaint. Mrs. Swan said that the Shawnee Park Concession Stand's ribbon cutting ceremony had been held last week. City Manager Scott Meyer announced that Parks and Recreation Director Julia Thompson presented a report during the study session regarding the Shawnee Park Community Center. PUBLIC HEARINGS This being the date set for a public hearing regarding the property tax rates proposed to be set by the City of Cape Girardeau for the fiscal year beginning July 1, 2011, and the real property tax rate Proceedings of the City Council, .City of Cape Girarde, Mo. Regular Session August 1 2011 � n proposed to be set for the Special Business District No. 2for the fiscal year beginning July 1, 2011, the hearing was opened. There being no appearances, the hearing was closed. CONSENT AGENDA A motion was made by Mrs. Schneider, seconded by Mrs. Swan, to approve the following items on the Consent Agenda: City Council July 18, 2011, regular and closed session minutes. BILL NO. 11-110, AN, ORDINANCE ACCEPTING PERMANENT SANITARY SEWER EASEMENTS, PERMANENT ACCESS EASEMENTS AND PERMANENT UTILITY EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE COUNTY ROAD 618 SEWER PROJECT. Second and third readings. BILL NO. 11-112, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR FIXED ROUTE BUS SERVICES WITH THE CAPE GIRARDEAU COUNTY TRANSIT AUTHORITY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. 11-113, AN ORDINANCE APPROVING THE RECORD PLAT OF LOTS 7, 8, 9 AND 10 OF A RESUBDMSION OF DOCTORS' PARK THIRD. Second and third readings. BILL NO. 11-115, AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, BY REPEALING NO PARKING ZONES ON BROADWAY AND FOUNTAIN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. 11-124, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN'FOR PROPERTY LOCATED AT 306 SOUTH BENTON STREET UNDER THE JEFFERSONBLOOMFIELD NEIGHBORHOOD RESTORATION PROGRAM (HERO PROJECT). Reading and passage. BILL NO. 11-125, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR PROPERTY LOCATED AT 306 SOUTH BENTON STREET UNDER THE GOOD HOPEBLOOMFIELD NEIGHBORHOOD RESTORATION PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and passage. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. BILL NO. 11-I 10 is ORDINANCE NO. 4249; BILL NO. 11-112 is ORDINANCE NO. 4250; BILL NO. 11-113 is ORDINANCE NO. 4251; BILL NO. 11-115 is ORDINANCE NO. 4252; BILL NO. 11-124 is RESOLUTION NO. 2634; and BILL NO. 11-125 is RESOLUTION NO. 2635. ITEMS REMOVED FROM CONSENT AGENDA . BILL NO. 11-129 was presented as follows: Proceedings of the City Council, City of Cape Girar�\ Reeular Session August 1, 2011 3 A RESOLUTION AUTHORIZING THE CITY OF CAPE GIRARDEAU, MISSOURI, TO PREPARE AND SUBMIT AN APPLICATION TO THE DELTA REGIONAL AUTHORITY TO ASSIST IN FLOOD RECOVERY EFFORTS AND TO PREVENT FURTHER DETERIORATION OF INFRASTRUCTURE AND BUSINESS IN THE COMMUNITY Mayor Rediger said that this application was for funding to help pay for sinkhole repair and recovery. Mr. Mitch Robinson, with the Cape Girardeau Area MAGNET, thanked City staff for their efforts. He summarized the study's findings and outlined the two options. Mr. Robinson said that with the grant from Delta Regional Authority and a possible Community Development Block Grant, they hope to get $1 million in assistance. Next, they will talk to the Federal Emergency Management Agency for grant consideration. The reading of BILL NO. I1-129 was approved and the Resolution adopted upon Mrs. Schneider's motion, Mr. Lanzotti's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. BILL NO. 11-129 is RESOLUTION NO. 2636. NEW ORDINANCES BILL NO. 11-117 was given first reading as follows: AN ORDINANCE REPEALING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU AND ENACTING A NEW CHAPTER 23 RELATING TO STORMWATER MANAGEMENT REGULATIONS The first reading of BILL NO. 11-117 was approved upon Mrs. Schneiders motion, Mrs. Proffer's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. BILL NO. 11-118 was given first reading as follows: AN ORDINANCE REPEALING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU AND ENACTING A NEW CHAPTER 12 RELATING TO FLOOD PLAIN MANAGEMENT REGULATIONS The first reading of BILL NO. 11-118 was approved upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. BILL NO. 11-119 was given first reading as follows: AN ORDINANCE REPEALING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AND ENACTING A NEW CHAPTER 29 REGARDING WATER AND SEWERS The first reading of BILL NO. 11-119 was approved upon Mrs. Schneider's motion, Mrs.Proffer's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. BILL NO. 11-120 was given first reading as follows: Proceedings of the City Council, City of Cape Girarde� Ll Reg,llar Session August 1, IIAN ORDINANCE AMENDING SECTION 25-114 OF THE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI REGARDING FEES The first reading of BILL NO. 11-120 was approved upon Mrs. Schneider's motion, Mr. Voss' second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. BILL NO. 11-121 was given first reading as follows: AN ORDINANCE AMENDING SECTION 5-12(B) OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING INTOXICATING LIQUOR AND POSSESSION OF INTOXICATING LIQUOR BY A MINOR The first reading of BILL NO. 11-121 was approved upon Mr. Voss' motion, Mrs. Proffer's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. BILL NO. 11-122 was given first reading as follows: AN ORDINANCE AMENDING SECTION 1-14 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING WARD BOUNDARIES The first reading of BILL NO. 11-122 was approved upon Mrs. Schneider's motion, Mrs. Proffer's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. BILL NO. 11-123 was given first reading as follays: AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; PUBLIC HEALTH TAX; SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF NNE, 2012 The first reading of. BILL NO. 11-123 was approved upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. BILL NO. 11-126 was given first reading as follows: AN ORDINANCE ANNEXING LAND ON COUGAR RUN TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF MATTHEW AND MICHELE RUBEL AND TERRY AND MARLA MILLS The first reading of BILL NO. 11-126 was approved upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. BILL NO. 11-127 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ZONING 155 AND 181 COUGAR RUN, LOCATED IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AS R-1 Proceedings of the City Council, City of Cape Girardeau,_ Mo.__,.. Regular Session August 1.2011�'b//:HH-335 LI_� I1 The first reading of BILL NO. 11-127 was approved upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. BILL NO. I 1-128 was given first reading as follows: AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 6 TO INCLUDE PROPERTY ANNEXED BY THE CITY OF CAPE GIRARDEAU LOCATED AT 155 AND 181 COUGAR RUN, IN T14E CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. I1-128 was approved upon Mrs. Swan's motion, Mrs. Proffer's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. BILL NO. 11-130 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF THE CITY CODE, ESTABLISHING LIMITED PARKING ON PARK AVENUE, NORMAL AVENUE, WEST END BOULEVARD AND HIGHLAND DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Voss made a motion, seconded by Mrs. Swan, to approve the first reading of BILL NO. 11- 130. Mr. Voss commented that he felt the Council should approve the first reading of the ordinance and make any amendments for Highland Drive, if necessary, at the next Council meeting. He said that he wanted Mrs. Tracy to have the opportunity to be a part of the discussion. Mrs. Swan stated that the City needs to communicate with the residents from Highland Drive. Mr. Lanzotti said that the impression was that parking revisions on Highland Drive were removed, so the City should proactively reach out to those residents. Mayor Rediger agreed that they should be contacted as soon as possible, and Mr. Voss indicated he would contact them The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. BILL NO. 11-131 was given first reading as follows AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE BY ESTABLISHING NO PARKING ON WEST END BOULEVARD, NORMAL AVENUE AND ROCKWOOD DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 11-131 was approved upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. APPOINTMENTS Mrs. Swan made a motion, seconded by Mrs. Schneider, to remove the appointments to the Airport Advisory Board from the agenda until the next City Council meeting on August 15, 2011. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. Proceedings of the City Council, City of Cape Girar� Regular Session Auglysr 1 gni t (l 6 OTHER BUSINESS Mr. Bryan Criddle, of 1823 Dixie Boulevard, said that he had received a sewer bill from the City, although his home had a septic system installed. He said a sewer connection to his property would have to cross a neighbor's property and have a pump station to connect to the City's sewer line. The line would need a gravity system to connect, and he did not have an easement to cross his neighbor's property.. Mrs. Swan said that the City's Engineering Department should look into this matter, and Mr. Voss stated that the City Manager has the authority to work out a solution to this issue. There being no further business, the City Council adjourned upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk 0 Agenda: August 1, 2011 i = Staff: Kelly Green, Interim Director of AGENDA REPORT Development Services Cape Girardeau CityCouncil SUBJECT Ordinance regarding revisions to Chapter 23, Stormwater Management Regulations EXECUTIVE SUMMARY Several amendments are proposed to Chapter 23, Stormwater Management Regulations. Some of these revisions involve changes due to the newly adopted Development Code sections, others are mandated by other governmental agencies, and some are necessary for the protection of our systems. BACKGROUND/DIS CUSSION The primary revisions being proposed are: Stormwater Management Regulations: • Added language regarding permit expirations • Changes required regarding water quality in order to keep us compliant with MS4 permit. The City Attorney, Public Works Department, and Planning and Zoning Commission have reviewed these proposed revisions. STAFF RECOMMENDATION The staff recommends that the City Council approve the first reading of this Ordinance. PUBLIC OUTREACH The Planning and Zoning Commission held a Public Hearing on the proposed revisions at their meeting on July 13, 2011. A Public Hearing was held at the July 18, 2011 City Council Meeting. No one spoke at either Public Hearing, other than staff. ATTACHMENTS • BILL NO. 11-117, Ordinance revising Chapter 23, Stormwater Management Regulations BILL NO 11-117 ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 23 OF THE CODE OF ORDINANCES OF Tim CITY OF CAPE GTRARDEAU AND ENACTING A NEW CHAPTER 23 RELATING TO STORMWATER MANAGEMENT REGULATIONS BE IT ORDAINED BY THE cOUNCII. OF THE CITY OF CAPE GIRARDEAI� MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 23 of the Code of Ordinances of the City of Cape Girardeau, entitled "Stormwarer Management Regulations" 'and a new Chapter 23 entitled "Stormwater Management Regulations" is hereby adopted, in lieu thereof, in words and figures, to read as follows: Chapter 23 STORMWATER MANAGEMENT REGULATIONS Sec. 23-1. Definitions. As used in this Chapter, the following definitions apply: Achene irr� Any modifications, alterations, or effects on a feature or characteristic of surface waters including their quality, quantity, hydrodynamics, surface area, species composition, living resources, aesthetics or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation. The term includes secondary and cumulative, as well as direct impacts. Appdia= The record owner, or his authorized representative, of a tract of land that is the site of development, or development activity within the scope of this chapter. Base flarl eleratm The elevation at any location delineating high waters having a one - percent probability of being equaled or exceeded in any given year, as determined by FEMA and described on the Flood Insurance Rate Maps (FIRMS). Bat Managai t Praaia, (BMP). Any physical, chemical or managerial practice that reduces soil erosion or reduces the amount of sediment or other pollutants discharging to or potentially discharging to the MS4. There are structural and non- structural BMPs. BuddT. Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind. Calxuity gfa storm drain faality. The maximum ability of a storm drainage facility to convey, detain or. retain stormwater flows without causing substantial damage to public or private property, and in the case of a pipe, without surcharging. Cbarnrel. A natural or artificial open watercourse with definite bed and banks which periodically or continuously contains moving water or which forms a connecting link between two (2) bodies of water. Clearing. The act of removing trees or vegetation from a tract of land and disturbing soil conditions. Cwu6at. Any channel, pipe, sewer or culvert used for the conveyance or movement of water, whether open or, closed. Caorl ded(u. An element of a discharge structure which allows the gradual release of water under controlled conditions. Contra elerutka The design elevation of a discharge structure at which, or below which, water is contained behind the structure. CPESC Certified Professional in Erosion and Sediment Control. Detentiwz The delay of storm runoff prior to discharge into receiving waters. Detention basin. A facility constructed or modified to restrict the discharge of stormwater to a prescribed maximum rate, and to concurrently detain the excess waters that accumulate behind the outlet. A wet bottom detention basin is a structure designed to retain a permanent pool of water after having provided its planned detention of runoff during a storm event. A dry bottom detention basin is designed to be completely dewatered after having provided its planned detention of runoff during a storm event. Demrztiwzstorago. The temporary detaining or storage of stormwater in storage basins, or rooftops, in streets, parking lots, school yards, parks, open space, or other areas under predetermined and controlled conditions, with the rate of drainage therefrom regulated by appropriately installed devices. Detemiwm zaavre. The.volume of water equal to the difference between the control elevation of a discharge structure and the maximum level at which water can be accumulated prior to discharge times the average area of open surface storage (between the control elevation and maximum level) behind the discharge structure. Dezeloper: Any individual, firm, corporation, association, partnership, or other entity involved in commencing proceedings under this chapter to effect the development of land for himself or another. 2 De*7= or &tdoprrau actizhy. Any manmade change to improved or unimproved land, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operation. Any subdivision of land as defined in the City's subdivision regulations, excluding minor subdivisions. D 'zd nauf. The difference in rate and volume of stormwater runoff from a parcel or project in its undeveloped natural condition and its developed condition is known as the differential runoff. Disdv7. The rate of outflow of water from detention storage. Disdza>be stnrdae. A structural device, usually of concrete, metal, timber, etc., through which water is discharged from a project to the receiving water. Drairnge wea. The area from which water is carried off by a drainage system; a watershed or catchment area. Drabn easamt An easement for the sole purpose of allowing water to flow through it. The City shall not be responsible for maintenance in a drainage easement. Draii� and rnrn� easarent An easement for the purpose of allowing water to flow through it. The City shall be responsible for maintenance in a drainage and maintenance easement. Drainage facility. An element in a drainage system which includes, but is not limited to any of the following: conduits and appurtenant features, canals, channels, detention basins, ditches, streams, culverts, streets and pumping stations. Drainage s)stan The surface or subsurface system which conveys water from or over the land including all watercourses, water bodies and wetlands (also referred to as the stormwater management system). Easearan. A grant by a property owner to the public, a corporation, or a person of the use of land for a specific purpose. Eleuuimc The height in feet above mean sea level according to national geodetic vertical datum (NGVD). Env/goxy spillz .. A saddle or low point facility located around the rim of a dammed impoundment such as a detention or retention basin for providing an efficient and safe means of conveying the maximum design flood discharge through the impoundment, without overtopping the dam. Ensica The wearing away of the land surface by the action of the wind, water, ice, gravity, or any combination thereof. Excess stormrruter nmq�f. The volume and rate of flow of stormwater discharged from a drainage area which is .or will be in excess of that volume and rate which is specified in this chapter. Fifeen-7,arsto m A rainstorm of varying duration and intensity having a 6.67 percent probability of being equaled or exceeded in any given year. Filling To place soil, rock, or other material over the natural topography of a site such that the natural grade and/or elevation is altered. Flmlplairz The special flood hazard land adjoining a watercourse, the surface elevation of which is equal to or lower than the base flood elevation (the one - hundred -year flood), which is subject to periodic inundation during floods. Flcod f i7W The higher portion of the floodplain, immediately adjacent to and on either- side of the floodway, occupied by quiescent or slow moving waters during floods. Floccheny. The channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry and discharge the base flood. Grading To level or smooth to a desired or horizontal gradient. High-=tereleratim The elevation of floodwaters of a flood of specified frequency or occurrence at any given point. Illicit Disdxtrge Any direct or indirect discharge to the City's MS4 that is not composed entirely of stormwater, unless exempt pursuant to City Ordinance. inpe Totts sigAx. A surface which has been compacted or covered with a layer of materials so that it is highly resistant to infiltration of water. The term includes most conventionally surfaced streets, roofs, sidewalks, parking lots and similar structures. Inp mare t. A structure on, or other alteration of land on a given site, including but not limited to grading, street paving, storm sewers, sanitary sewers and utilities. MS4. Municipal Separate Storm Sewer System Natural Waterrwtne A channel that is formed through the natural flow of stormwater runoff influenced by area topography. The channel can carry a flow of water continuously or intermittently. Such a channel can include but not be limited to swales, streams, creeks, gullies, ravines, or rivers of varying depths and lengths. These channels carry a stream of water which flows along a naturally defined path, usually with a bed and banks. It should, on casual examination, present the unmistakable evidence of the frequent action of running water. If the flow of water occurs periodically from natural causes and reaches a plainly defined channel of a permanent character, this is sufficient to establish a natural watercourse. A natural j watercourse may be altered through construction or development activities, and yet remain a natural watercourse. (Jfsite de=o n baste. A feature or structure for temporarily storing excess stormwater originating at two (2) or more sites having devices for controlling the rate of release of the stored water, and located downstream of all sites where the runoff originates. Orehsar�aarstorm A rainstorm of varying duration and intensity having a one (1) percent probability of recurring in any one (1) year. On-site detenhcn basin. A feature or structure for temporarily storing excess stormwaters, having devices for controlling the rate of release of the stored waters, and located within the sites where the runoff originates. Owrflozaal=iaz A design elevation of a discharge structure at which point, or above which point, water leaks out, or bleeds out, through a control device down to the control elevation. Pass-6migh flog Off-site water that is allowed to move through a detention basin without being detained or included in the detention calculations. Perk flour The maximum rate of flow of water at a given point in a channel or conduit resulting from a predetermined storm or flood. Prat-&aYopnrre carfi iaa. Those conditions which are expected to exist, or do exist, after alteration, resulting from human activity, of the natural topography, vegetation and rate, volume or direction of surface or subsurface flow. Prtrletelaprrerrt wrxktkm. Those conditions which exist at a site prior to any alteration of the natural topography, vegetation, flow rate, flow volume, or direction of surface or subsurface flow. In the case of a site where development has occurred in the past the Predevelopment Condition shall be the physical conditions of the site at the time of the application for the permit. tri ry drama (aster numgsrm) systema. Includes major waterways and appurtenant structures or systems whose total tributary area from origin to outfall exceeds or equals fifty (50) acres. Prt)<essicmd eWrer or arvi tort. An engineer or architect duly registered or otherwise authorized by the state to practice engineering. Pray site Any site where construction activity will result in land disturbance by means of filling, clearing, excavating and/or grading. Radcai med)ai An empirical formula for calculating peak rates of runoff resulting from rainfall. Expressed mathematically, the formula is: Where Q = Peak flow in cubic feet per second (cfs) C = Runoff coefficient or fraction of runoff to rainfall, dependent on type of surface cover and topography I = Rainfall intensity, in inches per hour, for a specific storm and duration A = Watershed area in acres Remizing l mx a of ucater. Any water body or stream into which surface waters flow. Sedinzmt dm The process by which suspended solids from erosion are transported and deposited. Site plan. The plan, usually in map form, prepared pursuant to the City Council's zoning or other land development ordinances as a requirement for the development of property. Stamwter Polbuion Pm&7tion Plan (SWPPP). A plan developed by a qualified professional engineer or person certified in erosion and sediment control to establish controls to limit erosion and transport of sediment and other pollutants from a project site. The plan shall include the use of best management practices. Stwrwter nmgt}. The waters derived from rain falling or snow melting within a tributary drainage basin, flowing over the surface of the ground or collected in a stormwater drainage system, storm sewer or watercourse. Subr&isiaz As defined in Chapter 25 of this Code. Tinv ofcmxntration The elapsed time for stormwater to flow from the most distant point in a drainage basin to the outlet or point in question. Tuuayfize-y.ar stamz A rainstorm of varying duration and intensity having a four (4) percent probability of being equaled or exceeded in any given year. Wate=ose. Any stream, creek, brook, branch, natural or artificial depression, slough, gulch, reservoir, lake, pond or natural or manmade drainageway in or into which stormwater runoff and floodwaters flow either regularly or intermittently. Watenhed (a) An area of land that drains down slope to a lowest point. Water shed boundaries follow major ridgelines around channels and meet at the bottom, where water flows out of the watershed, a point commonly referred to as a channel, stream, creek, or river. (b) A region or area bounded peripherally by a topographic divide and draining ultimately to a particular watercourse or body of water. Sec. 23-2. Purpose. The purpose of this chapter is to lessen or avoid hazards to persons and property caused by uncontrolled stormwater runoff or by obstructions to drainage and to lessen the degradation of the quality of surface runoff. Sec. 23-3. Applicability. (1) Any person or government entity within the City shall apply to the City Manager or his designee for approval of a stormwater management plan and obtain a permit before commencing any development or development activity. (2) A stormwater management plan shall be required of any platted subdivision for which no improvement plans have been submitted at the time this chapter takes effect. Sec. 23-4. Exemptions. (1) Development within a subdivision shall not require approval of a stormwater management plan if each of the following conditions have been met: a. Drainage provisions for the project were previously approved and remain valid as part of a final plat. b. The development is conducted in substantial accordance with the stormwater management provisions contained in the development plan submitted with the final plat as approved. (2) Development on isolated lou for single-family and rwo-family dwelling purposes shall not require approval of a separate stormwater management plan, nor a grading permit, unless the development involves altering, rerouting, deepening, widening, obstructing or changing in any way existing drainage facilities, degrades the quality of water, adversely affects any wetland or adversely affects any sinkhole, watercourse or waterbody, or unless said lot is five (5) acres or more in size. Also, in order to qualify for exemption the lot must provide the following protection: a. Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly disposed of and not allowed to go offsite or in storm sewers. b. Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) by those responsible before the end of each workday. C. All excavations, grading, or filling shall have a finished grade not to exceed 3:1. d. Sediment shall be controlled and contained on-site. e. For vacant land held for development, grass and other vegetative ground cover is required. f. All erosion control measures must be installed before land disturbing activity can take place and shall be installed according to the City Engineers standard details. g. Disturbed areas which are at a finished grade with installed utilities shall be permanently seeded and mulched or sodded within seven (7) days. h. Single-family lots that remain inactive for fourteen (14) days or more shall be established with temporary vegetation. This requirement may be waived if the landowner has sold the lot and construction activity is scheduled to begin within thirty (30) days of being sold. Slopes that are steeper than five (5) to one (1) which are disturbed and are at final grade with installed utilities shall be covered immediately with seeding, mulch, or other covering appropriate for the season. (3) Stormwater management plans may be waived for building construction or other development which will not adversely impact an existing drainage area or drainage on adjoining properties. (4) Written notice of intent to commence development shall be delivered to the City Manager or his designee prior to undertaking any development activity, whether exempt from plan provisions or not. Application for a building perm t may constitute notice of intent. Sec. 23-5. Stormwater management plan application. (1) Pi"e The purpose of the Stormwater Management Plan review process is to provide an organized framework for evaluating and acting upon proposals for development as they can relate to stormwater management issues. (2) Requi d l ornnnon It is the responsibility of an applicant to include sufficient information in the Stormwater Management Plan to enable evaluation of the environmental quality of the affected area, the potential and predicted impacts of the proposed activity on affected waters, and the effectiveness and acceptability of the measures proposed by the applicant for ) preventing or reducing adverse impacts. Adverse impacts would include any reduction in water quality of stormwater runoff leaving the project site. The applicant shall famish the City Manager or his designee the Stormwater Management Plan application form and Stormwater Management Plan, sealed by a professional engineer or architect registered in the state or by a CPESC The applicant shall include as part of the Stormwater Management Plan a Stormwater Pollution Prevention Plan (SWPPP) for the project site. The SWPPP shall describe methods and BIWs proposed to maintain acceptable water quality for runoff water leaving the site. (3) It is required that the owner / developer, or their agent, meet with the City Manager or his designee to discuss the proposed development and the stormwater management aspects of the proposed development during the conceptual layout stage of the project. (4) The application form required the following minimum information: a. The name, address and telephone number of the applicant, and the owner if different from the applicant. b. Name and address of the professional engineer, architect or CPESC C. The legal description of the property. Sec. 23-6. Stormwater management plan. A Stormwater Management Plan, including the SWPPP, is to be designed to safely manage the stormwater runoff for quantity and quality during and after construction. The plan shall be designed to manage the quality of stormwater nmoff during development through erosion and sedimentation controls and after development through post construction design elements. The SWPPP is to be prepared and sealed bya Professional Engineer licensed in the State of Missouri or a CPESC The plan shall provide or be accompanied by maps at a minimum scale of one (1) inch is less than or equal to two hundred (200) feet and other descriptive material, including the basis of computation, showing the following: (1) Required predevelopment site information (map scales are minimums): a. Detailed location sketch showing the parcel and major adjacent roads. b. Topographic map of the site at a scale of one (1) inch is less than or equal to two hundred (200) feet with maximum five-foot contour intervals, except in floodplains or other areas of low relief where a smaller interval maybe required. C. Where percolation or exfiltration systems are proposed, information as to the location and type of vegetative cover and soil types and characteristics representative of the design condition mapped at a scale of one (1) inch is less than or equal to two hundred (200) feet. d.. Location of streams. and other floodwater runoff channels, their normal channels, and the extent of the floodplains at the established high water elevations, and the limits of the floodway mapped at a scale of one (1) inch is less than or equal to two hundred (200) feet. e. Location of lakes, ponds, swamps and detention .basins indicating their normal shorelines, floodplain and lines of inflow and outflow mapped at a scale of one (1) inch is less than or equal to two hundred (200) feet. f. Location of farm drains, inlets and outfalls, .storm sanitary and combined sewers and outfalls; septic tank systems and outlets, if any, and seeps, springs and flowing and other wells mapped at a scale of one (1) inch is less than or equal to two hundred (200) feet. g. Location and description of nearby existing off-site water management facilities such as wells, lakes, drainageways, etc., which are potentially directly affected by the proposed construction or development, mapped at a scale of one (1) inch is less than or equal to two hundred (200) feet. (2) For all existing drainage facilities which are to be maintained, altered, or enlarged as part of the storrirwater management system; provide information as to their size, slopes, depths, outfalls, receiving waters, elevations, cross sections, profiles, construction materials and other .design details as applicable. (3) Location of all new stormwater facilities, including detention basins and post construction water quality elements, to be constructed. Design details for each facility shall be provided as applicable. (4) Location and extent of existing and proposed impervious surfaces (roads, parking lots, buildings, etc.) and their elevations. Provide grading and paving plans and specifications. (S) Location and extent of rights-of-way and easements for the storrriwater management system, including all areas to be dedicated for water management purposes. (6) Identification and description of any special or required maintenance procedures to keep the project functioning as designed. (7) Provide stormwater management system design calculation as follows: a. Design storms used. b. For all detention basins, a plot or tabulation of storage volumes with corresponding water surface elevations and of the basin outflow rates for close water surface elevations. C. Acreages and percentage of property proposed as: 1. Impervious surfaces. 2. Pervious surfaces (green areas). 10 3. Lakes, canals, detention areas, etc. 4. Total acreage of project. 5. Other. d. Runoff routing calculation showing discharge, elevations, and volumes retained and/or detained during applicable storm event. e. Calculations required for determination of minimum building floor and road elevations. f. Calculations for all inlets, pipes, and ditches shall be submitted for review. (8) A narrative section that describes potential sources of pollution, project managers for the project and areas over which they have control, temporary and permanent non-structural BIMPs, temporary and permanent structural BMPs, additional site BMPs as warranted by the site, BMP implementation schedule, temporary stabilization practices, dewatering methods, permanent stabilization practices, measures to minimize dust, construction / waste materials to be stored on site and how they will be disposed, pollutant sources from other areas than construction, allowable sources of non- stormwater discharge, how mud / sediment on streets or other property will be handled, how accumulated sediment will be disposed, and implementation of pollution prevention measures for non-stormwater discharges. (9) Describe site specific erosion and sediment controls (10) Describe operation and maintenance procedures for stormwater management facilities, i.e. cleaning frequency, access routes, any special equipment or tools to be used. This should include procedures for transfer of maintenance responsibilities where appropriate. (11) Identify entity responsible for operation and maintenance of the erosion and sediment control system after completion of site activities. (12) The requirements for specific plan elements cited above may be waived by the City Manager or his designee, upon written supportive recommendation of the City Engineer. The stormwater management plan for minor development activities may consist of a certification from a professional engineer, architect or CPESC that the differential runoff equals zero. However, the developer shall still provide a completed application, the required review fee and SWPPP for the project site. (13) The City Manager or his designee will ascertain the completeness of the stormwater management plan application. The City Manager or his designee will return incomplete applications to the applicant for completion and resubmission. After determining that the application is complete, the City Manager or his designee will distribute copies of the application for review and comment to other persons with special technical expertise as deemed appropriate. Within a reasonable period after submission of the completed 11 stormwater management plan application by the applicant, the City Manager or his designee shall approve, approve with specified conditions, or deny the application and shall notify the applicant accordingly. If the stormwater management plan application is denied or approved with conditions, the City Manager or his designee shall state the reasons for denial or the specified conditions: If the applicant feels aggrieved due to the denial or conditions, he may appeal the decision to the City Council. (14) Once, the SWPPP is approved, a copy of it shall be kept at the construction site at all times. The SWPPP shall be updated according to progress of the work that disturbs the soil. Typically this update will be done weekly. It will be the contractor's responsibility to provide the means of storing the SWPPP on site. (15) A stormwater managementpermit; shall be valid for three (3) years after the date of issuance. If the stormwater management facilities for which the permit was issued are not completed within three (3) years, the permittee may request a renewal of the said permit. The permit renewal fee must be paid in full at the time of the renewal request. The permit renewal fees are outlined on the City Fee Schedule. The City Manager or his designee has the right to approve or deny any permit renewal request. Sec. 23-7. Project classification and fees. (1) For purposes of evaluation, projects will be classified in three (3) categories according to acreage: Class a. Less than 25 acres b. 25 acres to 200 acres C. Over 200 acres (2) The effective acreage for a project is not limited to a fractional pan of the total concept, rather if a project is developed in phases or small plots, the total acreage of the conceptual project will be considered. (3) The review fee shall be collected at the time the stormwater management plan application is submitted by the applicant to the City Manager or his designee, and will reflect the cost of the administration and management of the review process. The fees for the project classes are outlined on the City Fee Schedule. Sec. 23-8. General design requirements for stormwater management plan and swppp• (1) A stormwater management system shall be provided for protecting lots,. j roads, streets and buildings in the project area from the potential adverse 12 impacts of stormwater runoff. Streets, blocks, depths of lots, parks and other public grounds, and ultimate land usage shall be determined, located and laid out in such a manner as to reduce the velocity of overland flow and allow the maximum opportunity for infiltration of stomnwaters into the ground, and to preserve and utilize natural streams, channels and detention basins, and wherever possible, to include streams and floodplains within parks or other public grounds. The elements of the Stormwater Management Plan should protect area waterways from pollutants carried by the stormwater nuroff. (2) The maximum allowable release rate of stormwater after development shall be as follows: a. The rate shall not exceed the before -development rate for a two-year and ten-year frequency storm. b. The twentyfive-year storm shall have the release rate of a fifteen -year frequency storm. C. The total drainage area must be used in calculating the allowable release rate. The required storage volume will be based on the project area only, with extraneous flows from upland areas being pass- through flow or discharged via overflow spillway or other devices. d. The runoff from the one-year frequency storm shall be controlled to provide water quality improvement. (3) The increased stormwater runoff resulting from the proposed development shall be detained on-site by appropriate detention basins or by other acceptable techniques. The minimum volume of storage shall be sufficient to store the volume from a twenty -five-year storm (under developed conditions). Control devices shall limit the discharge from storage to a rate no greater than that prescribed by this chapter. Downstream property, watercourses, channels or conduits shall not receive stormwater runoff from proposed development at a higher peak flow rate than that which existed prior to the development. Detention / retention areas should at a minimum filter the stormwater runoff. When possible, filtration and/or infiltration practices should be incorporated into the site design. a. Where a development site has more than one watershed, the runoff water shall be controlled within each watershed. Exemption from this requirement must be approved by the City Manger or his designee. With a request for this exemption, the developer will be required to present information and/or documentation establishing conclusively that no adverse impacts would occur to adjoining or downstream properties from uncontrolled runoff in a particular watershed area of the development site. 13 (4). Generally acceptable locations of the stormwater runoff channels in the design of the project area may include the following: a. In a depressed median of a double roadway, street or parkway, provided the median is wide enough to permit required roadway shoulders. b. Centered on the rear lot lines in a block, or entirely within the rear yards of a single row of lots or parcels, provided that in either case the lots are deep enough to permit side slopes in the runoff channel and a building site of the elevation required by other sections of this chapter. C. In a depressed area along roadway, street or parkway, provided the area is wide enough to permit side slopes as required in other sections of this chapter. d. Landscaped areas maybe designed for use as part of the stormwater management system. e. Alterative systems such as curb and gutter and storm sewers that discharge into an appropriate detention basin may be incorporated into the Stormwater Management Plan. The smaller, uppermost reaches of drainage channels and swales forming the natural drainage system near a watershed divide may be relocated or eliminated and incorporated into the planned system of storm sewers and open channels designed consistent with the requirements of this chapter. (5) A continuous easement may be provided abutting rear lot lines as shown in the stommwater management plan within which utility lines and open drainage facilities may be located and maintained, but on which no accessory buildings may be constructed. The utility -drainage easement shall be at least twenty (20) feet wide. Within the area so designed for the passage or storage of waters, no structure maybe erected, no fences, shrubbery or trees planted, or changes made to the prescribed grades and contours of the specified floodwater or stormwater runoff channels. (6) All storm sewer outfalls shall be so designed, by reason of elevation of the invert, by a flap gate or by other features, that when the receiving stream is in full flood, the storm sewers will continue to drain the areas they are designed to serve unless the provision is made for sewer backups into planned storage locations. (7) All sanitary sewer manholes constructed in a floodplain, in a street designed for detention, or in an area designed for the storage or passage of floodwater 14 or stormwater, shall be provided with either a watertight bolted manhole cover, a watertight concealed pick -hole cover, or be constructed with a rim elevation at or above the high water elevation of the one -hundred -year flood or the high water elevation of the design storm, whichever is applicable to the specific area. (8) Projects that are to be developed in phases will normally require the submission of a master plan of the applicant's contiguous land holdings. Applications for individual project phases may be considered only when the phases are totally independent of, or make sufficient provisions for, adjacent lands. (9) All excavations, grading or filling shall have a finished grade not to exceed a 3:1 (three (3) horizontal to one (1) vertical) slope. Steeper grades may be approved by the City Engineer if the excavation is through rock or the excavation or fill is protected (a designed head wall or toe wall may be required). Retaining walk that exceed a height of four (4) feet shall require the construction of safety guards as identified in the 2003 International Building Code or subsequent amendments thereto. Permanent safety guards will be constructed in accordance with the 2003 International Building code. (10) Grading plans for sites that exceed one (1) acre shall provide for erosion control and for sediment controls, or debris basins, silt traps or filters, staked straw bales, a combination of these measures or other measures approved by the City Engineer to remove sediment from runoff waters. The design to be approved by the public works director. Temporary siltation control measures (structural) shall be maintained until vegetative cover is established at a sufficient density to provide erosion control on the site. (11) Where natural vegetation is removed during grading, vegetation shall be re- established in such a density as to prevent erosion. Permanent type grasses shall be established as soon as possible during the nem seeding period after grading has been completed. Trees, plants and vegetative cover should be of native species, when possible. Reference the City Development T\Aanual and other City Ordinances for examples. (12) When grading operations are completed or suspended for more than fourteen (14) days between permanent grass seeding periods, temporary cover shall be provided. All finished grades (areas not to be disturbed by future improvements) 4:1 slopes or steeper shall be sodded, hydro seeded, or have erosion control fabric installed; slopes less than (4:1) (four (4) horizontal to one (1) vertical) shall be mulched at the rate of one hundred (100) pounds per one thousand (1,000) square feet when seeded. (13) Ground adjoining project sites (lou) shall be provided with protection from accelerated and increased surface water, silt from erosion, and any other consequences of erosion. Runoff water from developed areas (parking lots, paved sites, and buildings) above the area to be developed shall be directed 15 to diversions, detention basins, concrete gutters, and/or: underground outlet systems. Sufficiently anchored straw bales may be substituted with the approval of the CityEngineer. (14) Development along natural watercourses shall have a minimum fift}xfoot general maintenance and drainage easement. The easement shall be measured from the top of the existing stream bank. Development shall not encroach on said fifty -foot easement. The watercourse shall be maintained by and be made the responsibility of the appropriate legal entity. Permanent vegetation should be left intact. Variances will include designed stream bank erosion control measures and shall be approved by the City Engineer. FEMA guidelines shall be followed where applicable regarding site development in flood plains. (15) All lots shall be seeded and mulched or sodded before an occupancy permit shall be issued. (16) BMPs for post construction water quality improvement are to be used when feasible. Designers are encouraged to implement cooperative use of required landscaping areas and stormwater quality measures. Examples of these BMPs are located in the City Standards and Specifications. Sec. 23-9. Hydraulic Design Considerations. (1) Stormwater systems will be designed with sufficient hydraulic capacity as a minimum for the following frequencies and durations: Type of Facility Design Frequency a. Detention basins 25 -year b. Primary drainage systems 25 -year C. Bridges 50 -year d. Secondary drainage systems, i.e. 15 -year crossdrains and ditches for internal subdivision drainage (2) The City Manager or his designee may require alternative designs or features to reduce the cost of long-term maintenance. (3) In critical areas, the City Manager or his designee may. require additional hydraulic capacity above the minimums set forth above, up to the one - hundred -year frequency design. (4) The City Manager or his designee may require a developer to improve the stormwater facilities immediately upstream or downstream of a development if adverse impacts from said development are foreseen. The developer will be responsible for all costs associated with the improvements. 16 Sec. 23-10. Stormwater Management System Design Requirements (1) Caladatkm. The design of the stormwater system shall be in accordance with the City of Cape Girardeau's Storm Drainage Design Manual (if available). If not available, the development calculations shall be based on the minimum of one (1) fifteen -minute rainfall using the following: Watershed Area (acres) Method 0-25 Rational (See Note 1) >25 Technical Release 55 (TR -55) (See Note 2) Note 1: Rational Method shall be as identified in Missouri Department of Transportation Design Manual Chapter IX — Hydraulics and Drainage current edition. Note 2: Technical Release 55 (TR -55) shall be as identified in the NRCS Urban Hydrology for Small Water Sheds. (2) Opm 07aimpls. a. Open channels, natural or improved, may be placed at the rear or side of properties upon approval of the City Engineer where the design provides adequate protection to the existing and future property and structures. Such protection shall be through the provision.of a fifty-year floodplain setback and a minimum distance from the toe of bank to the setback of fifty (50) feet. This drainage setback line shall be shown on the final plat. Permanent vegetation, existing ground elevation, and grades within the fifty -foot setback area shall be left intact and undisturbed on channels with watersheds of one hundred (100) acres or more unless modification is approved in writing by the director or his designee. b. Area inlets shall be required behind the curbs to intercept overland flows greater than one (1) cfs to prevent flows from crossing sidewalks and/or curbs. (3) Inlets arnl jman�m hmes. Inlets, junctions boxes and inlet spacing shall be per the Citys standard details and as approved by the City Engineer. When locating inlets in sump locations consideration must be made with respect to the major drainage system. A one -hundred -year design event shall not cause buildings to flood in the event that a single inlet becomes blocked. In new developments the one -hundred -year design storm elevation shall be mapped on the final plat as a building set back Overland relief to another inlet or surface channel shall be provided to protect property. 17 (4) Endoseds)steria. a. The outlet of an enclosed system shall have sufficient energy dissipation provided to negate the increases posed by development as approved by the City Engineer. b. Building gutter drainage systems may not be discharged directly into the City's enclosed system C. If development plans call for the enclosure of an existing, natural drainage way which carries greater than fifty (50) cfs during the design .storm event, the enclosure shall be sized for a fifty-year twenty -minute storm event. Upstream inundation shall be checked. Where inundation extends beyond the site property line and exceeds the design water surface elevation of the natural drainway/channel, a backwater ponding easement from the affected off-site property owner(s) shall be required prior to final plan approval. A reduction in the design storm requirement may be granted by the City Engineer when existing off-site, downstream storm sewer would be smaller than the required on-site, upstream sewer and the downstream storm sewer are not designed to intercept/pass the fifty-year twenty -minute storm event. (5) Detentim design criteria. Detention in the overall system, including swales, lakes, canals, greenways, etc., shall be provided as follows. (6) Generali a. Storage &cares. The minimum volume of storage provided in detention basins, together with such storage as may be authorized in other on-site facilities, shall be sufficient to store the volume from a twenty -five-year storm (under developed conditions). b. Outlet cwtbd smiamrs. Outlet control structures shall be designed to operate simply and automatically. They will limit discharges into existing or planned downstream channels or conduits so as not to exceed predetermined maximum authorized peak flow rates. C. Release Rate A release rate shall be calculated for a two-, ten-, or twenty --five-year storm for the proposed development in the condition prior to the proposed development. d. Enrrgerxy spillutry Emergency overflow facilities must be provided in all instances so that stored waters will not exceed the safe capacity of the basin. At a minimum, the emergency spillway must be able to pass without damage the one -hundred -year storm. In e. Appearanz Designs should result in aesthetically pleasing . configurations which will enhance public acceptability. a. Perimeter maintenance easements of twenty (20) feet (minimum) width at slopes no steeper than 3:1 (horizontal to vertical) shall be provided. b. Side slopes of the facility shall not be steeper than 3:1 (horizontal to vertical). c. Provisions must be incorporated to facilitate complete interior drainage to dry bottom basins, to include the provision of natural grades to outlet structures, longitudinal and transverse grades to perimeter drainage facilities, or the installation of subsurface drains. d. Multipurpose features may be designed to serve secondary purposes for recreation, open space or other types of use which will not be adversely affected by occasional or intermittent flooding. e. In no case shall the limits of maximum ponding elevation be closer than twent)zfive (25) feet horizontally from any building and less than two (2) feet vertically below the lowest sill elevation. The entire reservoir area shall be seeded, fertilized and mulched, sodded or paved. f. Fully paved low flow channels are prohibited. The flow channel for low flow events shall be reinforced turf or open sectioned pavers with grass or aggregate to allow filtering of the stormwater and to support mowing equipment. Other methods may be used as approved. (8) Wet-detent m faahw. a. Perimeter maintenance and operation easements of twenty (20) feet (minimum preferable) width at slopes no steeper than 3:1 (horizontal to vertical) shall be provided. b. Control elevations should be no higher than two and one-half (2�6) feet below the minimum road centerline elevation in the area served by the control -device in order to protect the road subgrade when structures are constructed near roads. C. Side slopes shall not be steeper than 3:1 (horizontal:verticai) out to a depth of two (2) feet below the control elevation, then as steep as soils stabilitywill allow. 19 d. If fish are to be used to help keep the basin clean, at least one-quarter (1/a) of an area of the permanent pool must be a minimum depth of ten (10) feet. e. For emergency purposes, cleaning or shoreline maintenance, facilities, shall be provided or plans prepared for the use of auxiliary equipment to permit emptying and drainage. f. The limits of maximum ponding elevations are to be no closer than thing (30) feet horizontally from any building and no less than two (2) feet below the lowest sill elevation of anybuilding. (9) Urxleipuind storage All or a portion of the detention storage may also be provided for in wideiground facilities, as long.as all applicable requirements of this chapter are met. Details of such designs are to include type of facility, depth and volume of storage, details of inlet and outlet devices and locations, emergency overflow provisions, and measures to be used for surface water and groundwater pollution control. (10) Design altematha. The above listing of design criteria is not intended to preclude the use of other known state -of -the art methods and available best management practices and should not be construed as a mechanism to discourage innovative design concepts. (11) Dedopnrnts adjoirr&g a flm4lain Where a development adjoins or encompasses a portion of a floodplain for a one -hundred -year flood, the following shall apply: a. The applicant shall show the floodplain and floodway on the stormwater management plan. b. The applicant shall include in the stormwater management plan all other plans, plats, specifications, etc., required by federal, state, county and/or municipal laws or regulations detailing such provisions or restrictions as are necessary to complywith the following: (1) All applicable zoning and subdivision requirements. (2) All applicable building code requirements. (3) All requirements of other federal, state or local agencies exercising jurisdiction over the area. (12) Cham d flow The applicant shall not alter any channel in such a way that would prohibit any section of the channel from conveying, in its post - development state, the same amount of flow at the same or lower maximum water elevation that it conveyed in its predevelopment state. 20 (13) Mo5bfim6om of d. The .applicant shall furnish, for the City Manager's or his designee's review and approval, the following infomration pertaining to proposed channel modifications: a. Typical cross sections of the existing and proposed channel. b. Plan view of the channel showing the location of existing constrictions, obstructions and other nontypical areas. C. Hydrographs and/or flood routing calculations and backwater curve profiles of the proposed waterway corresponding to a storm recurrence interval of one hundred (100) years. d. Engineering evaluation of all potential increases in flood hazards to the adjacent upstream or downstream private or public lands and facilities located thereon, showing provisions for eliminating any and all adverse impacts on such land and facilities at no public cost. e. Minimum finished floor elevations which shall be set at or above the maximum water surface elevation as determined by either or both of the following: (1) "Flood Insurance Rate Map" published by the Federal Emergency Management Agency. (2) Backwater curve profiles of the proposed waterway due to a one -hundred -year storm recurrence interval. Designation on the final plan of all areas reserved for flood routing, detention or storage, together with the required wording pertaining to restrictions, dedications and maintenance responsibilities of such areas. (14) Dem,- w storage If detention storage is provided within a floodplain, only the net increase in storage volume above that which naturally existed on the floodplain shall be credited to the development. No credit will be granted for volumes below the elevation of the regulatory flood at that location unless compensatory storage is also provided. (15) Venfuatian ofadhjrragt Analysis of all elements of design is to be verified by the engineer of record submitting the plan. The following outline is provided to ascertain that certain critical elements are in workable compliance with the aims of this chapter. For projects less than fifty (50) acres in area there is no need for submittal of routing calculations or tabulated proof of adequacy of tributary runoff for detention; however, it is recommended that verification be made of: a. Volume of detention for the total project. 21 b: Tributary (0) peak runoff to basin. c. ; Balanced maximum outflow rate from the low flow structure. d. Ratios of inflow to outflow rates. e. Sizing of the overflow facilities. f. Stability of detention dikes. g. Safety features. h. Maintenance features. For projects of fifty (50) acres or greater but less than two hundred (200), routing calculations shall be submitted in legible tabulated form. Proof of adequacy of volume of detention and sizing computations for low -flow structure shall also be submitted. Features of stability and safety may also need to be documented if the scope of the project requires special attention in this area of design. Projects over two hundred (200) acres in area shall provide documented verification of adequacy according to scope and complexity of design. (10 Inw1btim of stomuater nrngf control nuns. Positive stormwater runoff control shall be provided for during development. Stormwater management plans shall include a schedule for the installation, construction or modification of all drainage facilities. Erosion control measures and a schedule for their installation shall be shown on the stormwater management plan. Installation of drainage facilities and erosion control measures shall proceed as scheduled in the approved stormwater management plan. (17) Erasion arul setlinrntatioz ontml criteria. The best management practices to control the occurrence of erosion and sedimentation are to be incorporated into the plan for the time land is disturbed by development activity. Permanent controls and practices shall also be identified where they are necessary to control an ongoing potential for erosion and sedimentation. Types of best management practices include, but are not limited to:, a. Use of state approved standard specifications of the City. b. Tree, topsoil and vegetative cover preservation and restoration. C. Surface stabilization with various natural or manmade materials. d. Runoff control measures that address quantity and quality of: runoff waters such as berms, dikes, sediment traps, filtration and infiltration methods and barriers. e. Inlet and outlet protection. f. Stream bank protection. g. Scheduling of development activities and protection measures for minimal impact. h. For post construction water quality controls, landscaped areas maybe used. 22 Sec. 23-11. Rights -of Way and Easements. (1) All stormwater management facilities shall be constructed within an easement or right-of-way dedicated for stormwater management use and connected to a public road or other location from which operation and maintenance is legally available. Minimum rights-of-way and maintenance easements shall be provided by instrument or plat dedication for all waterways used to convey or detain runoff. Where permanent maintenance will be provided by the property owner, maintenance easements or rights-of- way may not be required. The minimum widths of rights-of-way and easements shall be as follows: Fa&W Maintenance Access Width Open drainage channel or facility 50 feet from top of bank Greenways Width of greenway Pipes and culverts 20 feet centered Detention areas 20 feet continuous around total area Connecting access 20 feet (2) Easements must include the "top of the bank width" and the maintenance access width. (3) The maintenance access width begins at the point of the bank or slope of the facility. (4) Additional maintenance access width may be required by the City Manager or his designee in special circumstances where more width on one (1) or both sides is necessary for maintenance purposes. Sec. 23-12. Maintenance Responsibilities for Stormwater Management Facilities. (1) Aopcse The purpose of this section is to establish maintenance standards to ensure that after stormwater management facilities have been properly designed and constructed, they continue to function properly. Continued proper functioning is highly dependent upon the proper maintenance of the facilities. Proper long term function is critical to maintaining the water quality improvement aspects of the stormwater management facilities. (2) Design 9r facdities. Maintenance costs over a period of years will generally surpass the costs of initially constructing water management facilities. The applicant and the City Manager or his designee should utilize all appropriate methods, approaches and techniques to design and construct these facilities in such a manner that fulfills the requirements of this chapter, facilitates their inspection, facilitates cleaning and repair activities, and minimizes future maintenance costs. The design should include provisions for access to areas requiring cleaning and/or maintenance work after the project is constructed. 23 (3) Irapo�dm of faaliaes. Inspection of stormwater management facilities should be performed annually, at a minirrium. The owner is responsible to have the inspection performed by a competent individual or firm. A written report of the inspection, including findings and recommendations, is to be sent to the City Manager or his designee. When cleaning or repairs are recommended, the owner shall send a subsequent report to the CityManager or his designee documenting that the recommended action has been completed. The City Manager or his designee has the authority to inspect all stormwater facilities on public or private property to confirm proper maintenance is being performed. Enforcement shall follow the guidelines set forth in this Chapter. (4) Ma"awrxe mpazsibilitres. The growth of noxious weeds, the creation of conditions which support the growth of mosquitoes and other insects, and the decrease in available storage by accumulated sediments shall be controlled. The cleanup of accumulated debris, flotsam and other materials after runoff events have subsided shall be assured. a. Detention facilities, when mandatory, are to be built in conjunction with the storm sewer installation and/or grading. Since these facilities are intended to control increased runoff, they must be partially or fully operational soon after the clearing of the vegetation. Silt and debris connected with early construction shall be removed periodically from the detention area and control structure in order to maintain close to full storage capacity. b. The responsibility for maintenance of stormwater management facilities in single -lot development projects shall remain with the owner, developer and general contractor until final inspection of the development is performed and approved, and a legal occupancypemnit, where applicable, is issued. After legal occupancy of the project, the maintenance of stormwater management facilities shall be vested with the owner of the project. c. The responsibility for maintenance of stormwater management facilities in subdivision projects shall remain with the developer until such time as responsibility is transferred, under appropriate legal arrangements, to the private individual owners in the subdivision, the trustees of the subdivision, the City or such other maintenance entity or authority as may be proposed and approved by the City Council. d. If responsibility is to be transferred to the private individual owners in the subdivision, the developer shall assure perpetual maintenance of the drainage management facilities, including detention systems, if any are included, through the adoption of maintenance agreements or covenants for any facilities that remain in private ownership. Such agreements or covenants shall be subject to the approval of the City Manager or his designee. 24 e. If the responsibility is to be transferred to the trustees of the subdivision, the developer shall establish a suitable indenture of trust. Upon release of escrows required for the subdivision development, the responsibility for maintenance shall be vested in the trustees of the subdivision by virtue of the trust indenture. The indenture of trust shall clearly indicate resident responsibility for maintenance and shall be subject to the approval of the City Manager or his designee. (5) Perfwmnx and rmintera sanity Security against defects in workmanship shall be required for any portion of the drainage management facilities dedicated to the public. The terms of the performance security shall apply to any repairs needed and maintenance needed during the two-year period following completion. Inspection and repair of defects shall be required as a condition of release of the posted security. Sec. 23-13. Illicit Discharges. (1) Prohibition of illicit discharges. a. Pursuant to the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (M34) program illicit discharges to the M64 are being defined as illegal. This is accomplished by identifying allowable non-stormwater discharges into the MS4 in the best interest of the City of Cape Girardeau, Missouri. b. Non-stormwater discharge means any discharge to the 1VIS4, that is not rain water or snow/ice melt. Except as hereinafter provided, all non-stormwater discharges into the il,IS4 are prohibited and declared to be unlawful. Common pollutants in the area served by the City of Cape Girardeau MS4 are, but not limited to, the following. Discharge of these items into the City stormwater system is prohibited. Petroleum products, including but not limited to oil, gasoline, diesel fuel and grease Fats, oils and grease Paints Process water from industrial or domestic operations Chemicals, including household We products Solid waste Pet waste Phosphates and soaps Pesticides, fertilizers and herbicides Solvents and degreasers Sanitary sewage Antifreeze and other automotive products Chemically treated cooling water 25 Yard waste including trees and parts of trees Any discharge causing interference in the MS4 (2) Allowable non-stormwater discharges. a. Unless the City of Cape Girardeau, MoDNR, EPA or other regulatory agency has identified them as a source of pollutants to the "Waters of the State of Missouri", the following non-stormwater discharges into the municipal separate storm sewer system are lawful: Water line flushing or other potable water sources. Landscape irrigation or lawn watering with potable water. Diverted stream flows. Rising ground water. Groundwater infiltration to storm drains. Pumped groundwater. Foundation or footing drains. Crawl space pumps. - Air conditioning condensation. Springs. Noncommercial washing of vehicles. Natural riparian habitat or wetland flows. Swimming pools (if dechlorinated). Firefighting activities. Discharges specified in writing by the City of Cape Girardeau as being necessaryto protect public health and safety. Sec. 23-14. Plan Adherrrr e. The applicant shall be required to adhere strictly to the stormwater management plan as approved. Any changes or amendments to the plan must be approved by the City Manager or his designee in accordance with the procedures set forth in this chapter obtaining stormwater management plan approval. Enforcement officials shall be, and are herein, granted inspection rights and right -of -entry privileges in order to ensure compliance with the requirements of this chapter. Sec. 23-15. Enforcement. (1) Approwd projects. The City Manager or his designee shall cavy out periodic inspections of the project site to insure the applicant's compliance with this chapter. If it is determined that the project is not being carried out in accordance with the approved storrawater management plan, the City Manager or his designee is authorized to enforce compliance through the following steps in this order a. Wiitten notice Issue written notice to the applicant or owner, specifying the nature and location of the alleged noncompliance, with a description of the remedial actions necessary to bring the project into compliance within a reasonable specified time. 26 b. Stopwrk order. If the remedial work identified in the "written notice" is not completed within the specified time issue a stop -work order directing the applicant or owner to cease and desist all or any portion of the work which violates the provisions of this chapter. C. Remticn of appwwl Should the applicant or owner not bring the project into compliance following receipt of the written notice and stop -work order, he shall then be subject to immediate revocation of his stormwater management plan approval and to the penalties described in this Chapter. d. Appeal. Any notice, order or revocation issued pursuant to subsection (a)(1), (a)(2) or (a)(3) above shall become final unless the person named therein requests, in writing, no later than ten (10) days after the date such notice, order or revocation is served, a hearing before the Citycouncil. (2) Unapp vztrl p 4em. With respect to any development or development activity determined by the City Manager or his designee to be subject to this chapter, and being carred out without approval, the City Manager or his designee is authorized to enforce compliance through he following steps in this order. a. W7 ttm rmtice Issue written notice to the owner specifying the nature and location of the alleged noncompliance, with a description of the remedial actions necessary to bring the project into compliance within a reasonable specified time. b. Stopu&k order. If the remedial work identified in the "written notice" is not completed within the specified time, issue a stop -work order directing the owner to cease and desist all or any portion of the work which violates the provisions of this chapter. C. Nwxtn #iarxe zdth stopurnk order. Should the owner not bring the project into compliance with the written notice and stop -work order he shall then be subject to the penalties described in this Chapter. d. Appeal Any notice, order or revocation issued pursuant to subsection (b)(1), (b)(2) or (b)(3) above shall become final unless the person named therein requests, in writing, no later than ten (10) days after the date such notice, order or revocation is served, a hearing before the City Council. (3) Post Caamutim Mairrterrrrxe of Stw=ter Faalitia. The City Manager or his designee shall carry out periodic inspections of public and private stormwater management facilities to ensure compliance with the maintenance requirements of this Chapter. If it is determined that proper maintenance is not being carried out in accordance with the approved Stormwater 27 Management Plan, the City Manager or his designee is authorized td enforce compliance through the following steps in this order. a. Written notice Issue written notice to the owner, specifying the nature and location of the alleged noncompliance, with a description of the remedial actions necessary to bring the stormwater management facility into compliance within a reasonable specified time. b. Stopuulk onkr. If the corrective action identified in the "written notice" is not completed within the specified time, issue a stop -work order directing the applicant or owner to cease and desist all or any portion of the work which violates the provisions of this Chapter, if applicable. 3. If the corrective action identified in the "written notice" is not completed within the specified time, issue a summons through Nuisance Abatement. The summons shall set a time frame to complete the corrective action(s) Failure to comply with the summons shall lead to a coiut hearing before the City Court. Sec. 23 -16. Penalties for Violation. (1) Gevral Violation of the provisions of this chapter or failure to comply with any of its requirements, including conditions and safeguards established in connection with variances or special use permits, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or imprisoned for not more than three (3) months, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. (2) i orrtrlize actiau. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. All such costs connected therewith shall accrue to the person responsible. Sec. 23-17. Vested Rights. This chapter shall not in any way limit or modify the vested rights of any person to complete any development or improvement to lands based upon prior law, where a previous permit or authorization has been granted or applied for and where such previous permit or authorization remains in effect. The City may acknowledge vested rights in other circumstances where it is equitable and just. M Sec. 23-18. Conflict with Other Ordinances and Codes. In case of conflicts within this chapter or any part thereof, and the whole or part of any other existing or future ordinance or code of the City, the most restrictive in each case shall apply. Sec. 23-19. Other Permits. (1) Before starting any work regulated by this chapter, an applicant shall comply with the requirements set forth in all other applicable ordinances with respect to the submission and approval of preliminary and final subdivision plats, site plans for construction and rezoning improvement plans, and building, grading and zoning permits, along with those set forth in this chapter and as may be required by state statutes and the regulations of any department of the state. (2) A discharge permit from the State of Missouri shall be obtained individually or under the applicable general permit for any activity regulated under the Department of Natural Resources Clean Water Commission (10 CSR 20) Storm Water. Sec. 23-20. Interpretation. In the interpretation and application of this chapter, the provisions expressed herein shall be held to be the minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by state statutes. Sec. 23-21. Abrogation and Greater Restrictions. It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter imposes greater restrictions, the provision of this chapter shall prevail. Sec. 23-22. Liability Disclaimer. The performance standards and design criteria set forth herein establish minimum requirements which must be implemented with good engineering practice and workmanship. Use of the requirements contained herein shall not constitute a representation, guarantee, or warranty of any kind by the municipality or its officers and employees of the adequacy or safety of any drainage management structure or use of land. Nor shall the approval of a stormwater management plan and the issuance of a permit imply that land uses permitted will be free from damages caused by stormwater runoff. The degree of protection required by these regulations is considered reasonable for regulatory purposes and is based on historical records, engineering and scientific methods of study. Larger storms may occur or stormwater runoff heights may be increased by manmade or natural causes. Enforcement of these provisions, therefore, shall not create liability on the part of the municipality or 29 any officer of the municipality with respect to any legislative or administrative decision lawfully made hereunder, nor shall compliance relieve an owner, developer, and/or permittee from responsibility under any circumstances where liability would otherwise exist. Sec. 23-23. Final Approval Required. (1) Any storm -water management facility for which a permit has been issued as a part of a subdivision improvement plan must be included with as -built drawings and certified to have been constructed accordingly. (2) Any stormwater management facility for which a permit has been issued individually or as a part of a site development plan must be certified to have been constructed in conformance with the. approved drawings prior to issuance of an occupancy permit. (3) The certification in a. and b. above must be by a professional engineer licensed in Missouri or a CPESC. 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 pan 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 20 . ATTEST: Gayle L. Conrad City Clerk 9101 Harry E. Rediger, Mayor Development Services SUBJECT Ordinance regarding revisions to Chapter 12, Floodpiain Management Regulations EXECUTIVE SUMMARY Several amendments are proposed to Chapter 12, Floodplain Management Regulations. Some of these revisions involve changes due to the newly adopted Development Code sections, others are mandated by other governmental agencies, and some are necessary for the protection of our systems. BACKGROUND/DISCUSSION The primary revisions being proposed are: Floodplain Management Regulations • Changes to coincide with other recently updated codes • Adoption is required in order to keep participation in the National Flood Insurance Program. • Adoption allows updated Flood Insurance Rate Maps to become effective September 29, 2011. • Conditions for Approving Variances for Ag Structures. • Added language regarding permit expirations and permit fees. The City Attorney, Public Works Department, and Planning and Zoning Commission have reviewed these proposed revisions. STAFF RECOMMENDATION The staff recommends that the City Council approve the first reading of this Ordinance. PUBLIC OUTREACH The Planning and Zoning Commission held a Public Hearing on the proposed revisions at their meeting on July 13, 2011. A Public Hearing was held at the July 18, 2011 City Council Meeting. No one spoke at either Public Hearing, other than staff. ATTACHMENTS • BILL NO. 11-118, Ordinance revising Chapter 12, Floodplain Management Regulations BILL NO. 11-118 ORDNANCE NO. AN ORDINANCE REPEALING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU AND ENACTING A NEW CHAPTER 12 RELATING TO FLOOD PLAIN MANAGEMENT REGULATIONS BE IT ORDANED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. Chapter 12 of the Code of Ordinances of the City of Cape Girardeau, entitled "Floodplain Management Regulations" e e • , e ea a en€ue . , and a new Chapter 12 entitled "Floodplain Management Regulations: is hereby adopted, in lieu thereof, in words and figures, to read as follows: ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND PURPOSES Sec. 12-1. Statutory authorization. The Legislature of the State of Missouri has in 82.010 RSMo and 82.020 RSMo delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety, and general welfare. Therefore, the City Council of the City of Cape Girardeau, Missouri ordains as follows: Sec. 12-2. Findings of fact. (a) Flood Losses Resulting from Periodic Inundation The special flood hazard areas of the City of Cape Girardeau, Missouri are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health, safety and general welfare. (b) General Causes ofthe Flood Losses. These flood losses are caused by (1) the cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and (2) the occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages. (c) Methods Used To Analyze Flood Hazards. The Flood Insurance Study (FIS) that is the basis of this chapter uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps. (1) Selection of a base flood that is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this chapter is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this chapter. It is in the general order of a flood which could be expected to have a one percent chance of occurrence in any one year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials dated September 29, 2011 as amended, and any future revisions thereto. (2) Calculation of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood. (3) Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point. (4) Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height. (5) Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood. See. 12-3. Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare; to minimize those losses described in Article I, Section 12-2(1); to establish or maintain the city's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this chapter to: (1) Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities; (2) Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and PA (3) Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard. ARTICLE II. GENERAL PROVISIONS See. 12-4. Lands to which chapter applies. This chapter shall apply to all lands within the jurisdiction of the City of Cape Girardeau, Missouri identified as numbered and unnumbered A zones and AE zones, on the Flood Insurance Rate Map (FIRM) Cape Girardeau County, Missouri, on map panels 29031 COI 63E,29031C0I75E,29031CO25IE,29031CO252E,29031CO253E, 29031CO254E, 29031CO256E, 29031CO258E, 29031CO259E, 29031CO261E, 29031CO262E, 29031CO263E, 29031CO264E, 29031CO266E, 29031CO267E, 29031CO268E,29031CO269E,29031CO278E,29031C0352E,29031C0355E,and 29031C0356E, dated September 29, 2011 as amended, and any future revisions thereto. In all areas covered by this chapter, no development shall be permitted except through the issuance of a floodplain development permit, granted by the City Council of the City of Cape Girardeau or its duly designated representative under such safeguards and restrictions as the City Council of the City of Cape Girardeau or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the city, and as specifically noted in Article IV. Sec. 12-5. Floodplain administrator. The City Manager or his designee is hereby designated as the floodplain administrator under this chapter. Sec. 12-6. Compliance. No development located within the special flood hazard areas of this city shall be located, extended, converted, or structurally altered without full compliance with the terms of this chapter and other applicable regulations. Sec. 12-7. Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only. 3 Sec. 12-8. Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a limitation or repeal of any other powers granted by State statutes. Sec. 12-9. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create a liability on the part of the City of Cape Girardeau, any officer or employee thereof, for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder. Sec. 12-10. Severability. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this chapter shall not be affected thereby. ARTICLE III. ADMINISTRATION Sec. 12-11. Floodplain development permit. A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Article II, Section 12-4. No person, firm, corporation, or unit of government shall initiate any development or substantial -improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development. Sec. 12-12. Designation of floodplain administrator. The City Manager or his designee is hereby appointed as floodplain administrator to administer and implement the provisions of this chapter. Sec. 12-13. Duties and responsibilities of floodplain administrator. Duties of the floodplain administrator shall include, but not be limited to: 4 (1) Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this chapter have been satisfied; (2) Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from Federal, State, or local governmental agencies from which prior approval is required by Federal, State, or local law; (3) Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding; (4) Issue floodplain development pennits for all approved applications; (5) Notify adjacent communities and the Missouri State Emergency Management Agency (MO SEMA) to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA); (6) Assure that the flood carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse. (7) Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; (8) Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed; (9) When floodproofing techniques are utilized for a particular non-residential structure, the floodplain administrator shall require certification from a registered professional engineer or architect. Sec. 12-14. Application for floodplain development permit. To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall: (1) Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work; (2) Identify and describe the work to be covered by the floodplain development permit; (3) Indicate the use or occupancy for which the proposed work is intended; (4) Indicate the assessed value of the structure and the fair market value of the improvement; (5) Specify whether development is located in designated flood fringe or floodway; (6) Identify the existing base flood elevation and the elevation of the proposed development; (7) Give such other information as reasonably maybe required by the floodplain administrator; (8) Be accompanied by plans and specifications for proposed construction; and (9) Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority. (10) Be accompanied by the appropriate fee as outlined on the city fee schedule. (11) Be valid for three (3) years after the date of issuance. If the floodplain development for which the permit was issued is not completed within three (3) years, the permittee may request a renewal of the said permit. The permit renewal fee must be paid in full at the time of the renewal request. The permit renewal fees are outlined on the city fee schedule. The City Manager or his designee has the right to approve or deny any permit renewal request. ARTICLE IV. PROVISIONS FOR FLOOD HAZARD REDUCTION Sec. 12-15. General Standards. (1) No permit for floodplain development shall be granted for new construction, substantial -improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A zones and AE zones, unless the conditions of this section are satisfied. (2) All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100 -year flood; however, the base flood elevation is not provided. Development within unnumbered A zones is subject to all provisions of this chapter. If Flood Insurance Study data is not available, the city shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources. (3) Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any numbered A zone or AE zone on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the city. (4) All new construction, subdivision proposals, substantial -improvements, prefabricated structures, placement of manufactured homes, and other developments shall require: a. Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; b. Construction with materials resistant to flood damage; C. Utilization of methods and practices that minimize flood damages; d. All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; C. New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination; and Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that: All such proposals are consistent with the need to minimize flood damage; (2) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; (3) Adequate drainage is provided so as to reduce exposure to flood hazards; and (4) All proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres 7 or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data. (5) Storage, material, and equipment. a. The storage orprocessing ofmaterials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited. b. Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning. (6)- Agricultural structures. Structures used solely for agricultural purposes in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock, may be constructed at -grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; there is no permanent retail, wholesale, or manufacturing use included in the structure; a variance has.been granted from the floodplain management requirements of this chapter; and a floodplain development permit has been issued. (7) Accessory Structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than 400 square feet, may be constructed at -grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; a variance has been granted from the standard floodplain management requirements of this chapter; and a floodplain development permit has been issued. See. 12-16. Specific standards. (1) In all areas identified as numbered and unnumbered A zones and AE zones, where base flood elevation data have been provided, as set forth in Article IV, Section 12-15(2), the following provisions are required: a. Residential Construction. New construction or substantial -improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above base flood elevation. b. Non -Residential Construction. New construction or substantial -improvement of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the floodplain administrator as set forth in Article III, Section 12-13(9). C. Require, for all new construction and substantial -improvements, that fully enclosed areas below lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; and (2) The bottom of all opening shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Sec. 12-17. Manufactured homes. (1) All manufactured homes to be placed within all unnumbered and numbered A zones and AE zones, on the citys FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. (2) Require manufactured homes that are placed or substantially improved within unnumbered or numbered A zones and AE zones, on the city s FILM on sites: a. Outside of manufactured home park or subdivision; b. In a new manufactured home park or subdivision; C. In an expansion to and existing manufactured home park or subdivision; or d. In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial -damage as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one (1) foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (3) Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A zones and AE zones, on the city's FIRM, that are not subject to the provisions of Article IV, Section 12-17(2) of this chapter, be elevated so that either: a. The lowest floor of the manufactured home is at one (1) foot above the base flood level; or b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. Sec. 12-18. Floodway. Located within areas of special flood hazard established in Article II, Section 12-4 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters that cavy debris and potential projectiles, the following provisions shall apply: (1) The city shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to cant' the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point. (2) The city shall prohibit any encroachments, including fill, new construction, substantial- improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the city during the occurrence of the base flood discharge. 10 (3) If Article IV, Section 12-18(2) is satisfied, all new construction and substantial -improvements shall comply with all applicable flood hazard reduction provisions of Article N. (4) In unnumbered A zones, the city shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources as set forth in Article N, Section 12-15(2). Sec. 12-19. Recreational vehicles. (1) Require that recreational vehicles placed on sites within all unnumbered and numbered A zones and AE zones on the city's FIRM either: a. Be on the site for fewer than 180 consecutive days, or b. Be fully licensed and ready for highway use*; or C. Meet the permitting, elevation, and the anchoring requirements for manufactured homes of this chapter. *A recreatidnal vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick -disconnect type utilities and security devices, and has no permanently attached additions. ARTICLE V. FLOODPLAN MANAGEMENT VARIANCE PROCEDURES Sec. 12-20. Establishment of appeal board. The Board of Adjustment as established by the City of Cape Girardeau shall hear and decide appeals and requests for variances from the floodplain management requirements of this chapter. Sec. 12-21. Responsibility of appeal board. Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the City Manager or his designee, the applicant may apply for such floodplain development permit or variance directly to the Board of Adjustment, as defined in Article V, Section 12-20 The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the City Manager or his designee in the enforcement or administration of this chapter. Sec. 12-22. Further appeals. Any person aggrieved by the decision of the Board of Adjustment or any taxpayer may appeal such decision to the Circuit Court of Cape Girardeau County as provided in 89.110 RSMo. Sec: 12-23. Floodplain management variance criteria. In passing upon such applications for variances, the Board of Adjustment shall consider all technical data and evaluations, all relevant factors, standards specified in other. sections of this chapter, and the following criteria: (1) The danger to life and property due to flood damage; (2) The danger that materials may be swept onto other lands to the injury of others; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the city; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations, not subject to flood damage, for the proposed use; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if applicable, expected at the site; and, (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems; streets; and bridges. Sec. 12-24. Conditions for approving floodplain management variances. (1) Generally, variances may be issued for new construction and substantial - improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 2 through 6 below have been fully considered. 12 As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (2) Variances maybe issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination provided the proposed activity will not preclude the structure's continued historic designation. (3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (5) Variances shall only be issued upon (a) a showing of good and sufficient cause, (b) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (c) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (6) The city shall notify the applicant in writing over the signature of a city official that (1) the issuance of variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for 5100.00 of insurance coverage and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this chapter. Sec 12-25. Conditions for approving variances for agricultural structures. Any variance granted for an agricultural structure shall be decided individually based on a case by case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article V, Sections 12-23 and 12-24 of this chapter. In order to minimize flood damages during the 100 -year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at -grade and wet-floodproofed. (1) All agricultural structures considered for a variance from the floodplain management regulations of this chapter shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures, such as farm houses, cannot be considered agricultural structures. 13 (2) Use of the varied structures must be limited to agricultural purposes in zone A only as identified on the city's Flood Insurance Rate Map (FIRM). (3) For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood -resistant materials in accordance with Article IV, Section 12-15(4)(b) of this chapter. (4) The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with Article IV, Section 12-15(4)(a)of this chapter. All of the building's structural compo- nents must be capable of resisting specific flood -related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces. (5) Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Article IV, Section 12-15(4)(d) of this chapter. (6) The agricultural structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100 -year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article IV, Section 12-16(1)(c).of this chapter. (7) The agricultural structures must comply with the floodplain management floodway encroachment provisions of Article IV, Section 12-18(2) of this chapter. No variances may be issued for agricultural structures within any designated floodway, if any increase in flood levels would result during the 100 -year flood. (8) Major equipment, machinery, or other contents must be protected from any flood damage. (9) No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the agricultural structures. (10) The city shall notify the applicant in writing over the signature of a city official that (1) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this chapter. (11) Wet-floodproofing construction techniques must be reviewed and approved by the floodplain administrator and a registered professional engineer or 14 architect prior to the issuance of any floodplain development permit for construction. Sec. 12-26. Conditions for approving variances for accessory structures. Any variance granted for an accessory structure shall be decided individually based on a case by case analysis of the building s unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article V, Sections 12-23 and 12-24 of this chapter. In order to minimize flood damages during the 100 -year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at -grade and wet-floodproofed. (1) Use of the accessory structures must be solely for parking and limited storage purposes in zone A only as identified on the city's Flood Insurance Rate Map (FIRM). (2) For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood -resistant materials in accordance with Article IV, Section 12-15(4)(b) of this chapter. (3) The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with Article IV, Section 12-15(4)(a) of this chapter. All of the building's structural components must be capable of resisting specific flood -related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces. (4) Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Article IV, Section 12-15(4)(d) of this chapter. (5) The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or founda- tion walls, subject to the 100 -year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article IV, Section 12-16(1)(c) of this chapter. (6) The accessory structures must comply with the floodplain management floodway encroachment provisions of Article IV, Section 12-18(2) of this chapter. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100 -year flood. (7) Equipment, machinery, or other contents must be protected from any flood damage. 15 (8) No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the accessory structures. (9) The city shall notify the applicant in writing over the signature of a city official that (1) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this chapter. (10) Wet-floodproofing construction techniques must be reviewed and approved by the floodplain administrator and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction. ARTICLE VI. PENALTIES FOR VIOLATION Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $ 500.00, and / or up to ninety (90) days in the city jail, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Cape Girardeau or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. ARTICLE VII. AMENDMENTS The regulations, restrictions, and boundaries set forth in this chapter may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however; that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Cape Girardeau. At least 20 days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Region VII office of the Federal Emergency Management Agency (FEMA). The regulations of this chapter are in compliance with the National Flood Insurance Program (NFIP) regulations. 16 ARTICLE VIII. DEFIMTIONS Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning they have in common usage and to give this chapter its most reasonable application. 100 year Flood see "base flood. " Accessory Structure means the same as "appurtenant structure. " Actuarial Rates see "risk premitun rates." Administrator means the Federal Insurance Administrator. Agency means the Federal Emergency Management Agency (FEMA). Agricultural Commodities means agricultural products and livestock. Agricultural Structure means any structure used exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities. Appeal means a request for review of the floodplain administrator's interpretation of any provision of this chapter or a request for a variance. Appurtenant Structure means a structure that is on the same parcel of property as the principle structure to be insured and the use of which is incidental to the use of the principal structure. Area of Special Flood Hazard is the land in the floodplain within the city subject to a one percent or greater chance of flooding in any given year. Base Flood means the flood having a one percent chance of being equaled or exceeded in any given year. Basement means any area of the structure having its floor subgrade (below ground level) on all sides. Building see "structure." Chief Executive Officer means the City Manager of the City of Cape Girardeau, the official of the community who is charged with the authority to implement and administer laws, ordinances, and regulations for the city. 17 Community means any State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction. Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Elevated Building means for insurance purposes, a non -basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Eligible Community or Participating Community means a community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP). Existing Construction means for the purposes of determining rates, structures for which the "start ofconstruction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. "Existing Construction" may also be referred to as "existing structures. " Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the city. Expansion to air Existing Manufactured Home Park or Subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source. Flood Boundary and Floodway Map (FBFM) means an official map of the city on which the administrator has delineated both special flood hazard areas and the designated regulatory floodway. RM Flood Elevation Determination means a determination by the administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year. Flood Elevation Study means an examination, evaluation and determination of flood hazards. Flood Fringe means the area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood. Flood Hazard Boundary Map (FHBPI) means an official map of the city, issued by the administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A zones. Flood Insurance Rate Alap (FIR41) means an official map of the city, on which the administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the city. Flood Insurance Study (FIS) means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations. Floodplain or Flood prone Area means any land area susceptible to being inundated by water from any source (see 'flooding'). Floodplain Ablanagement means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations. Floodplain ALlanagenuent Regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such state or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction. Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents. Floodway or Regulatory Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. 19 Floodway Encroachment Lines means the lines marking the limits of floodways on Federal, State and local floodplain maps. Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed. Functionally Dependent Use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include lona term storage or related manufacturing facilities. Highest Adjacent Grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Flistoric Structure means any structure that is (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either (1) by an approved state program as determined by the Secretary of the Interior or (2) directly by the Secretary of the Interior in states without approved programs. Lowest Floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this chapter. Manufactured Home means a structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle. " 20 Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Map means the Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for the city issued by the Federal Emergency Management Agency (FEMA). Market Value or Fair Market Value means an estimate of what is fair, economic, just and equitable value under normal local market conditions. Mean Sea Level means, for purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on the city's Flood Insurance Rate Map (FIRM) are referenced. New Construction means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by the city and includes any subsequent improvements to such structures. New Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the city. (NF1P) means the National Flood Insurance Program (NFIP). Participating Community also known as an "eligible community," means a community in which the administrator has authorized the sale of flood insurance. Person includes any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies. Principally Above Ground means that at least 51 percent of the actual cash value of the structure, less land value, is above ground. Recreational Vehicle means a vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projections; (c) designed to be self-propelled or permanently towable by a light- duty truck; and (d) designed 21 primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Remedy A Violation means to bring the structure or other development into compliance with Federal, State, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its noncompliance. Repetitive Loss means flood -related damages sustained by a structure on two separate occasions during a 10 -year period for which the cost of repairs at the time of each such flood event, equals or exceeds twenty-five percent of the market value of the structure before the damage occurred. Risk Premium Rates means those rates established by the administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Riskpremium rates" include provisions for operating costs and allowances. Special Flood Hazard Area see "Area of special flood hazard. " Special Hazard Area means an area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A and AE. Start of Construction includes substantial -improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial -improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. State Coordinating Agency means that agency of the state government, or other office designated by the governor of the state or by state statute at the request of the administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that state. 22 Structure means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure" for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises. Substantial -Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. The term includes Repetitive Loss buildings (see definition). For the purposes of this definition, "repair" is considered to occur when the first repair or reconstruction of any wall, ceiling, floor, or other structural part of the building commences. The term does not apply to: (a) Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions, or (b) Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure", or (c) Any improvement to a building. Substantial bnprovement means any combination of reconstruction, alteration, or improvement to a building, taking place during a 10 year period, in which the cumulative percentage of improvement equals or exceeds fifty percent of the current market value of the building. For the purposes of this definition, an improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. This term includes structures, which have incurred "repetitive loss" or "substantial damage", regardless of the actual repair work done. The term does not apply to: (a) Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by 23 the City Manager or his designee and which are solely necessary to assure safe living conditions, or (b) Any alteration of an "historic structure" provided that the alteration will not preclude the structure's continued designation as an "historic structure." ; or (c) Any building that has been damaged from any source or is categorized as repetitive loss. Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. Variance means a grant of relief by the city from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the city. Violation means the failure of a structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this chapter is presumed to be in violation until such time as that documentation is provided. Water Surface Elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain. 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. 24 PASSED AND APPROVED THIS DAY OF 20 ATTEST: Gayle L. Conrad City Clerk 25 Harry E. Rediger, Mayor Agenda: August 1, 20111 M AGENDAREPORT Staff: Kelly Green, Interim Director of Development Services Cape Girardeau City Council SUBJECT Ordinance regarding revisions to Chapter 29, Water and Sewers EXECUTIVE SUMMARY Several amendments are proposed to Chapter 29, Water and Sewers. Some of these revisions involve changes due to the newly adopted Development Code sections, others are mandated by other governmental agencies, and some are necessary for the protection of our systems. BACKGROUND/DIS CUSSION The primary revisions being proposed are: • Removed several sections that have been moved to other locations (Chapter 25 and City Specifications and Standard Drawings.) • Changes to coincide with other recently updated codes • New Section regarding Fat, Oil, and Grease Control • Other minor changes. The City Attorney, Public Works Department, and Planning and Zoning Commission have reviewed these proposed revisions. STAFF RECOMMENDATION The staff recommends that the City Council approve the first reading of this Ordinance. PUBLIC OUTREACH The Planning and Zoning Commission held a Public Hearing on the proposed revisions at their meeting on July 13, 2011. A Public Hearing was held at the July 18, 2011 City Council Meeting. No one spoke at either Public Hearing, other than staff. ATTACHMENTS 0 BILL NO. 11-119, Ordinance amending Chapter 29, Water and Sewer BILL NO. 11-118 ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU AND ENACTING A NEW CHAPTER 12 RELATING TO FLOOD PLAIN MANAGEMENT REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. Chapter 12 of the Code of Ordinances of the Ci of Cape Girardeau, entitled "Floodplain Management Regulations" and a new Chapter 12 entitled "Floodplain Management Regulations: is hereby adopted, in lieu thereof, in words and figures, to read as follows: ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND PURPOSES Sec. 12-1. Statutory authorization. The Legislature of the State of Missouri has in 82.010 RSMo and 82.020 RSMo delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety, and general welfare. Therefore, the City Council of the City of Cape Girardeau, Missouri ordains as follows: Sec. 12-2. Findings of fact. (a) Flood Losses Resulting from Periodic Inundation The special flood hazard areas of the City of Cape Girardeau, Missouri are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health, safety and general welfare. (b) General Causes of the Flood Losses. These flood losses are caused by (1) the cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and (2) the occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages. 1 degrees Celsius, expressed. in milligrams per liter' or parts per million by weight. Building drain. That part of the lowest horizontal piping of a drainage system which receives the discharge from. soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall. Building sewer. The extension from the building drain to the public sewer or other place of disposal. Bypass. The intentional. diversion of wastewaters from any portion'of an industrial u3er.'a tr.ratmcnt facility. COD (chemical oxygen demand). The quantity of oxygen equivalent of organic matter that is susceptible to oxidation by a strong chemical oxidant under standard. laboratory conditions, expressed in milligrams per liter. Capital charge. That portion of the total sewer service charge which is levied for local capital costs, local investment in plant facilities and other local costs excluding operation, maintenance and replacement costs. =gorical user. Those Categorical Pretreatment Environmental Protection Pollution Control Act, categorical users shall users under this chapter. industrial users subject to National Standards promulgated by the U.S. agency under the Federal Water P.L. 92-500, as amended. All such be considered significant industrial City. The City of Cape Girardeau or the City Council of Cape Girardeau. City Fee Schedule. The City Fee Schedule is established pursuant to the provisions of Section 25-114 of the City Code. City manager. The city manager of the city, or his authorized deputy, agent or representative. Color. The optical density at the visual wavelength of the maximum absorption, relative to distilled water. One hundred (100) percent transmittance is equivalent to zero (0.0) optical density. Combined sewer. A sewer receiving both surface runoff and sewage. PA Common interceptor. One or more interceptors receiving FOG laden wastewater from more than one establishment. Common interceptors may be located at shopping centers, malls, entertainment complexes, sporting arenas, hotels, multi -tenant "flex" spaces, mixed use spaces, and other sites where multiple establishments are connected to a single grease interceptor. The owner of the property on which the common grease interceptor is located shall be primarily responsible for the maintenance, upkeep, and repair of the common interceptor. Composite sample. The sample resulting from combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or where appropriate, the term may also be used as a designation for the regional water management division director or other duly authorized official of said agency. Existing source. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. Fats, oils, and greases. Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as "grease" or "greases" or "FOG". Food service establishments or "FSE". Those establishments engaged in activities of preparing, serving, or otherwise making available for consumption foodstuffs and that use one or more of the following preparation activities: Cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching, and infrared heating, searing, barbecuing, and any other food preparation or serving activity that produces a consumable food product in or on a receptacle requiring washing to be reused. Garbage. Solid wastes from domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. 3 Grab sample A sample which is taken from a wastewater stream on a one-time basis without regard to the flow in the wastewater stream and without consideration of time. Grease trap or interceptor. A device for separating waterborne greases and grease complexes from wastewater and retaining such greases and grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. Grease traps also serve to collect solids that settle, generated by and from activities that subject users to this section, prior to the water exiting the trap and entering the sanitary sewer collection and 'treatment system. Grease traps and interceptors are sometimes referred to herein as "grease interceptors". Indirect discharge or discharge. The introduction of (non domestic) pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act. Industrial user. A source of discharge of pollutants into a POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Clean Water Act. Industrial wastes. Any wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. Instantaneous maximum allowable discharge limit. The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. Interference. A discharge which alone or in conjunction with a discharge from other sources: (1) inhibits or disrupts the POTW, its treatment processes or operations or its biomass processes, used or disposal; and (2) therefore is a cause of a violation of the city's NPDES permit or of the prevention of biomass use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state or local regulations): Section 405 of Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State Biomass Management Plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act. I 11 Medical waste. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminatedlaboratory wastes and dialysis wastes. Minimum design capability. The design features of a grease interceptor and its ability or volume required to effectively intercept and retain greases and settled solids from grease - laden wastewaters discharged to the public sanitary sewer. N.P.D.E.S. National Pollutant Discharge Elimination System. Natural outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater. New source. (1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after publication of proposed pretreatment standards under Section 307 (c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (a) The building, structure, facility or installation is constructed at a site at which no other source is located; or (b) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. 5 (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.. (3) Construction of new source as defined. under this paragraph has commenced if the owner or operator has: (a) Begun, or caused to begin as part of a continuous onsite construction program: (1) Any placement, assembly, or installation of facilities or equipment, or (2) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which. is necessary for the placement, assembly, or installation of new source facilities or equipment; or (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. Noncontact cooling water. water used for cooling which does not come into direct contact with any raw material intermediate product, waste product, or finished product. Noncooking establishments. Establishments primarily engaged in the preparation of precooked foodstuffs that do not include any form of cooking, but that may produce a consumable food product in or on a.receptacle requiring washing to be reused. On-site grease interceptor treatment (sometimes."onsite treatment"). Mechanisms or procedures utilized by a user to treat grease interceptor contents on the user's site, followed on by the reintroduction of such treated wastewater back into the interceptor. On-site grease interceptor treatment may only be accomplished by a user if the user or the user's contract service provider is permitted by the City of Cape Girardeau. Pass through. A discharge which exits the POTW into waters of the U.S. in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's NPDES permit (including an increase in the magnitude or duration of a violation). pH. The intensity of the acid or base condition of a solution, calculated by taking the logarithm of the reciprocal of the hydrogen ion concentration expressed in moles per liter of solutions. Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state or local governmental entities. Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, biomass, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, odor). Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. Pretreatment requirements. Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard. Pretreatment standards or standards. Prohibitive discharge standards, categorical pretreatment standards, and local limits. 7 Program acknowledgement certificate. Program confirmation documentation issued by the Public Works Director or his designee. The user is required to keep program acknowledgement certificate on premises and produce it upon request. Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 29-4 of this article. Properly shredded garbage. The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half ('.�) inch in any dimension. Publicly -owned treatment works (POTW). The wastewater system, or sewage works, owned by the city. This definition includes any sewer that conveys wastewater to the POTW treatment plant except private sewers. The term also means the city having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works. Public sewer. A sewer which all owners of abutting properties have equal rights, and is controlled by public authority. Sanitary sewer. A sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted. Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. Service provider. Any third party not in the employment of the user that performs maintenance, repair, and other services on a user's grease interceptor at the user's directive. Severe property damage. Substantial physical damage to property, damage to the treatment facilities which cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass.. Severe property damage does not mean economic loss caused by delays in production. Sewage or wastewater. The liquid and water -carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwater as may be present, with no particle greater than one- half ('-�) inch in any dimension. 0 Sewage system. All facilities for collecting, pumping, treating, and disposing of sewage. Sewer service charge. The total monthly charge for sewage service. Sewage treatment plant. Any arrangement of devices and structures used for treating sewage. Sewage works. All facilities for collecting, pumping, treating and disposing of sewage. Sewer. A pipe or conduit for carrying sewage. Shall. Mandatory; as opposed to May which is Permissive Significant industrial user. Any categorical user, or industrial user of the city's sewage works whose flow: (1) Exceeds twenty-five thousand (25,000) gallons per day; (2) Exceeds five (5) percent of the daily hydraulic or organic capacity of the sewage treatment plant; (3) Is subject to a surcharge for excessive BOD and/or SS as provided for in this chapter; (4) Has toxic material in its waste stream in toxic amounts as defined in standards issued under Section 307(a) of the Federal Water Pollution Control Act, P.L. 92-500, as amended; (5) Is determined to have significant impact, either singly or in combination with other contributing industries, on the treatment works such that the quality of the effluent, or sludges, from the treatment works deviates from the requirements set forth in the NPDES permit issued to the city, or such that interference with the treatment process or facilities would result. Significant noncompliance. (1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of wastewater measurements taken during a six - 0 month period exceed the daily maximum.limit or average limit for the same pollutant parameter by any amount;: (2) Technical review criteria (TRC) violations, are defined here as those in which thirty-three (33) percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats,_ oils and grease, and 1.2 for all other pollutants except pH);, (3) Any other discharge violation that the city believes. has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public); (4) Any discharge violation that the city believes has caused imminent endangerment to the public or to the environment, or has resulted in the city's exercise of its emergency authority to halt or prevent such a discharge; (5) Failure to meet, within, ninety (90) days of the scheduled date, a compliance schedule milestone contained in an industrial pretreatment user permit or enforcement order for starting construction, completing construction, or attaining final compliance; (6) Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, ninety -day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (7) Failure to accurately report noncompliance; (8) Any other violation(s) which the city determines will adversely affect the operation or implementation of the local pretreatment program. 10 Slug. Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty -four-hour concentration or flows during normal operation. Slug load. Any discharge at a flow rate or concentrations which could cause a violation of the prohibited discharge standards in Section 29-4 .of this article or any other discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or noncustomary batch discharge. Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the U.U. Office of Management and Budget Standard specifications. The City of Cape Girardeau Standard Specifications and drawings, as may be amended, on file with the City Clerk. Storm drain (sometimes termed "storm sewer"). A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. Stormwater. Any flow occurring during or following any form of natural precipitation, resulting therefrom, including snowmelt. Suspended solids (SS). Solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering, expressed in milligrams per liter. Technical review criteria (TRC). Violations in which thirty- three (33) percent or more of wastewater measurements taken for each pollutant parameter during a 6 -month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria, 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH. Toxic pollutant (s) Any pollutants, gaseous, liquid or solid, which when discharged into the sewage system may tend to interfere with any waste treatment process, or to constitute a hazard to human beings or animals, or to inhibit aquatic life or to create a hazard to recreation in the receiving water of the effluent from the sewage treatment plant. Such pollutant, or combination of pollutants, are listed as toxic in regulations 11 promulgated by EPA under the provisions of Section 307 (3.3 U.S.C. 1317) of the Act. Treatment plant effluent. Any discharge of pollutants from the POTW into waters of the state. User. Any person, including those located outside the jurisdictional limits of the city, who contributes, causes or permits the contribution or discharge of wastewater into the POTW, including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater. Users include property owners who provide common interceptors for one'or more independent establishments, including tenants. User charge. That portion of the total sewer service charge which is levied for the cost of operation, maintenance and replacement of the sewage system. Watercourse. A channel in which a flow of water occurs, either continuously or intermittently. Wastewater. Any liquid and water -carried industrial wastes, and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. Wastewater coordinator. The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this article or his duly authorized representative. Wastewater treatment plant. That portion of the POTW designed to provide treatment of sewage and industrial wastes. Section 29-2. Abbreviations The following abbreviations shall have the designated meanings: BOD -Biochemical oxygen demand CFR -Code of Federal Regulations COD -Chemical oxygen demand CSR -Code of State Regulations EPA -U.S. Environmental Protection Agency FOG -Fats, Oils, and Greases J 12 FSE -Food Service Establishments gpd--Gallons per day 1 -Liter mg -Milligrams mg/1-Milligrams/Liter NPDES-National Pollutant Discharge Elimination System O&M -Operation and maintenance POTW-Public owned treatment works RCRA-Resource Conservation and Recovery Act SIC -Standard Industrial Classifications SWDA-Solid Waste Disposal Act (42 U.S.C. 6901, et seq.) TRC -Technical review criteria TSS -Total suspended solids USC -United States Code Section 29-3. General provisions. (A) Purpose and policy. This article sets forth uniform requirements for users of the wastewater collection and publicly owned treatment works (POTW) for the City of Cape Girardeau and enables the city to comply with all applicable state and federal laws including the Clean Water Act (33 U.S.C. 1251 et seq.), and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this article are: (1) To .prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW; (2) To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into the receiving waters or otherwise be incompatible with the POTW; (3) To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal in compliance with applicable statues and regulations; (4) To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public; 13 (5) To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW.; (6) To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the POTW; and (7) To enable the city to comply with its NPDES permit conditions, sludge use and disposal requirements and any other federal or state laws to which the POTW is subject. (B) Administration. Except as otherwise provided herein, the city manager shall administer, implement and enforce the provisions of this article. Any powers granted to or duties imposed upon the city manager may be delegated by the city manager to other city personnel. Section 29-4. General sewer use requirements. (A) Prohibited discharge standards. No industrial user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all industrial users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements. Furthermore, no industrial user may contribute the following substances to the POTW: (1) Pollutants which create a fire or explosive hazard in the municipal wastewater collection system and .POTW, including, but not limited to, wastewater streams with closed -cup flashpoint of less than one hundred forty (140) degrees F (sixty (60) degrees C) using the test method specified in 40 CFR 261.21. (2) Any wastewater having a pH less than 5.5 or more than 9. 5, or otherwise causing corrosive structural damage to the POTW or equipment, or endangering city personnel. (3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in 14 interference, but in no case solids greater than one (1) inch or two and one-half (2.5) centimeters in any dimension. (4) Any wastewater containing pollutants, including oxygen demanding pollutants (BOD, COD etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with either the POTW; or any wastewater treatment or sludge process, or which will constitute a hazard to human or animals. (5) Any wastewater having a temperature greater than one hundred fifty (150) degrees F or sixty-five (65) degrees C, or which will inhibit biological activity in the treatment plant, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed one hundred four (104) degrees F (forty (40) degrees C). (6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. (7) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems. (8) Any trucked or hauled pollutants, except at discharge points designated by the city in accordance with Section 29-6 (E). (9) Any noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance, a hazard to life, or to prevent entry into sewers for maintenance and repair. (10) Any wastewater which imparts color which cannot be removed by the treatment process, such as but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent thereby violating the 15 (B) city's NPDES permit. Color turbidity) shall not cause effluent to reduce the depth of for photosynthetic activity by percent. from the seasonably aquatic life. (in combination with the treatment plant. the compensation point more than ten (10) established norm for (1'1) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the city manager in compliance with applicable state or federal regulations. (12) Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted industrial wastewater, unless specifically authorized by the city manager. (13) Any sludges, screenings, or other residues from the pretreatment of industrial wastes. (14) Any medical wastes, except as specifically authorized by the city manager in an industrial pretreatment user permit. (15) Any wastewater causing the treatment plant's effluent to fail a toxicity test. (16) Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the POTW. (17) Any discharge of fats, oils, or grease in violation of Section 29-5. Wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas must discharge to the industrial user's pretreatment facility before connecting with the POTW. Federal categorical pretreatment standards. .The national categorical pretreatment standards found at 40 CFR Chapter 16 I, Subchapter N, Parts 405-471 and hereafter amended are hereby incorporated. (C) State pretreatment requirements. The State of Missouri Pretreatment Standards found at 10 CSR Division 20-6.100 and hereafter amended are hereby incorporated. (D) Specific pollutant limitations. The city will evaluate annually the need for local limits as determined by MoDNR. (E) City's right of revision. The city reserves the right to establish, by ordinance or in industrial pretreatment user permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives in Section 29-3 of this article or the general and specific prohibitions in Section 29-4 (A) of this article. (F) Special agreements. The city reserves the right to enter into special agreements with industrial users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from categorical pretreatment standard from EPA. Such a request will be approved only if the industrial user can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that pretreatment standard. An industrial user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403.13. (G) Dilution. No industrial user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The city manager may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. 17 Section 29"5. Fat, oil, and grease control. (A) Scope and purpose. The objective of this section is to aid \... in preventing the introduction and accumulation of fats, oils, and greases into the municipal wastewater system which will or tend to cause or contribute to sanitary sewer blockages and obstructions. Food service establishments and other industrial, institutional or commercial establish- ments generating wastewater containing fats, oils or greases are subject to this section. This section regulates such users by requiring that grease interceptors and other approved strategies be installed, implemented, and maintained in accordance with the provisions hereof. Existing grease traps or interceptors that are in good repair and functioning properly may be exempt from grease trap location requirements until such time that the establishment changes ownership, undergoes a major remodel, change of purpose, or fails to meet discharge action levels. (B) Grease interceptor installation, inspection, maintenance, record-keeping, and grease removal. (1) Grease interceptors shall be installed and maintained at the user's expense, when a user operates a food service establishment. Grease interceptors may be required in noncooking or cold dairy and frozen foodstuffs establishments and other industrial or commercial establishments when the establishment generates wastewater containing fat or grease and the Public Works Director or his designee determines an. interceptor is necessary to prevent contribution or accumulation of grease to the sanitary sewer collection and treatment system. No user shall allow wastewater discharge concentration from subject grease interceptor to exceed an established action level of 100 milligrams per liter, expressed as hexane extractable material. Any .user in violation of these limits shall be subject to penalties as set out in this Article. All grease interceptors shall be of a type, design, and capacity approved by the Public Works Director or his designee and shall be readily and easily accessible for maintenance and repair,. including cleaning and for inspection. All grease interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain minimum design capability or effective volume of the grease interceptor, but not less often than 18 every 60 days or as permitted in a valid program modification. Users who are required to pass wastewater through a grease interceptor shall: (a) Provide.for a minimum hydraulic retention time of 24 minutes at actual peak flow between the influent and effluent baffles, with 25 percent of the total volume of the grease interceptor being allowed for any food -derived solids to settle or accumulate and floatable grease -derived materials to rise and accumulate, identified hereafter as a solids blanket and grease cap respectively. (b) Remove any accumulated grease cap and solids blanket as required, but at intervals of not longer than 60 days at the user's expense, or in accordance with a valid program modification or other Public Works Director or his designee's requirements. Grease interceptors shall be kept free of inorganic solid materials, such as grit, rocks, gravel, sand, eating utensils, Styrofoam, cigarettes, shells, towels, rags, etc., which could settle into this solids blanket and thereby reduce the effective volume of the grease interceptor. (c) Operate and maintain the grease interceptor to achieve and maintain any applicable grease action level. This shall mean any wastewater sample taken from such grease interceptor must meet the terms of numerical limit attainment described in Section 29-5 B (1). (d) If a user documents that conditions exist ("space constraints") on their establishment site that limit the ability to locate a grease interceptor on the exterior of the establishment, the user may request an interior location for the interceptor. Such request shall contain the following information: (1) Location of city sewer main and easement in relation to available exterior space outside building. (2) Existing plumbing layout at or in a site. 19 (3) -A statement of understanding, signed by the user or authorized agent, acknowledging and accepting conditions the Public Works Director or his designee may place on permitting an identified interior location. Conditions may include requirements to use alternative mechanisms, devices, procedures, or operations relative to an interior location. (4) Grant of Access to Interceptor for city inspection. (5) Such other information as may be required by the Public Works Director or his designee. (e) The use of biological or other additives as a grease degradation or conditioning agent is not permissible. (f) The use of automatic grease removal systems is permissible only upon prior written approval of the Public Works Director or his designee and the Cape Girardeau County Public Health Center Director or designee. Any user using a grease interceptor located on the interior of the site shall be subject to any operational requirements set forth by the City of Cape Girardeau. Any user using this equipment shall operate the system in such a manner that attainment of the grease wastewater discharge limit, as measured from the unit's outlet, is achieved as required by the Public Works:Director or his designee. (g) The Public Works Director or his designee may make determinations of grease interceptor adequacy need, design, appropriateness, application, location, modification(s), and conditional usage based on review of all relevant information regarding grease interceptor performance, facility site and building plan review by all regulatory reviewing agencies and may require repairs to, or modification or replacement of grease interceptors. 712 (h) The user shall allow access to the Public Works Director or his designee for the purpose of determining compliance with this Article. (2) The user shall maintain a written record of grease interceptor maintenance for three years. All such records will be available for inspection at all times. These records shall include: (a) FSE name and physical location; (b) Date of grease interceptor service; (c) Time of grease interceptor service; (d) Name of grease interceptor service company; (e) Name and, signature of grease interceptor service company agent performing said service; (f) Established service frequency and type of service; (g) Number and size of each grease interceptor serviced at FSE location; (h) Approximated amount, per best professional judgment of contract service provider, of grease and solids removed from each grease interceptor; (i) Total volume of waste removed from each grease interceptor; (j) Destination of removed wastes, food solids, and wastewater disposal; (k) Signature and date of FSE personnel confirming service completion; (1) Such other information as required by Public Works Director or his designee. (3) No nongrease-laden sources are allowed to be connected to sewer lines intended for grease interceptor service. (4) Access manholes shall have an installed diameter of 24 inches, and shall be provided over each chamber, interior baffle wall, and each sanitary tee. The 21 access penetrations, commonly referred to as "risers" into the grease interceptor shall also be, at a minimum,24 inches in diameter. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or .infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities. (5) A user may request a modification to the following requirements of this section. Such request for a modification shall be in writing and shall provide the information set forth below: (a) The user's grease interceptor pumping frequency. The Public Works Director or his designee may modify the 60 -day grease interceptor pump out frequency when the user provides data, and performance criteria relative to the overall effectiveness of a proposed alternate and such can be substantiated by the Public Works Director or his designee. (b) Grease interceptor maintenance and service procedures. The Public Works Director or his designee may modify the method(s) or procedure(s) utilized to service a grease interceptor when the user provides data, and performance criteria relative to the overall effectiveness of a proposed alternate method or procedure and such can be substantiated by the Public Works Director or his designee. If a modification to maintenance and service procedures is permitted it shall be a conditional discharged permit approval. (c) Any modification must be approved by the Public Works Director or his designee in written form before implementation by the user or the user's designated service provider. The user shall pay modification fees as set forth in the City Fee Schedule. 22 Section 29-6. Pretreatment Of Wastewater. (A) Pretreatment facilities. Industrial users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in Section 29-4(A) above within the time limitations specified by the EPA, the state or the city manager whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the industrial user's expense. Detail plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this article. (B) Additional pretreatment measures. (1) Whenever deemed necessary, the city manager may require industrial users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastewaters, and such other conditions as may be necessary to protect the POTW and determine the industrial user's compliance with the requirements of this article. (2) Fats, oil, and grease interceptors shall be subject to fats, oil, and grease control regulations contained in Section 29-5. Sand interceptors shall be provided when, in the opinion of the city manager, they are necessary for the proper handling of wastewater containing excessive amounts of sand; except that such interceptors shall not be required for residential users. All interceptors units shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the owner at his expense. 23 (3) Industrial users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (C) Accidental discharge/slug control plans. .The city manager may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years the city manager shall evaluate whether each significant industrial user needs such a plana Any industrial user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, at a minimum, the following: (1) Description of discharge practices, including non- routine batch discharges. (2) Description of stored chemicals.. (3) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which could violate any of the prohibited discharges in Section 29-4(A) of this article. (4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. (D) Tenant responsibility. Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with this article. (E) Hauled wastewater. (1) Septic tank waste may be accepted into the POTW at a designated receiving structure within the treatment 24 plant area, and at such times as are established by the city manager, provided such wastes do not violate Section 29-4(A) of this article or any other requirements established or adopted by the city. A Waste Hauler permit for individual vehicles to use such facilities shall be issued by the city manager pursuant to the requirements of this section. (2) The discharge of hauled industrial wastes as "industrial septage" requires prior approval and a Waste Hauler permit from the city. The city manager shall have authority to prohibit the disposal of such wastes, if such disposal would interfere with the treatment plant operation. Waste haulers are subject to all other sections of this article. (3) Fees for dumping domestic and industrial septage will be established as part of the industrial user fee system as authorized in Section 29-17(A). (F) Damage to sewage equipment or appurtenances. It shall be unlawful for any person to break, damage, destroy, cover, uncover, fill over, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person convicted of violating this section shall be punished in accordance with Section 1-8 of the Code of Ordinances. Section 29-7. Industrial pretreatment user permit eligibility. (A) Wastewater survey. When requested by the city manager, all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The city manager is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this article. (B) Industrial pretreatment user permit requirement. (1) It shall be unlawful for any significant user to discharge wastewater into the city's POTW without obtaining an industrial pretreatment user permit from 25 the, city manager. Any violation of the terms and conditions of an industrial pretreatment user permit shall be deemed a violation of this article and subjects the industrial pretreatment user permittee to the sanctions set out in Sections 29-13 through 29-15. Obtaining an industrial pretreatment user permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law. (2) The city manager may require other industrial users, including liquid waste haulers, to obtain an industrial pretreatment user permits as necessary to carry out the purpose of this article. (C) Industrial pretreatment user permitting existing connections. Any significant industrial user which discharges industrial waste into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within ninety (90.) days after said date, apply to the city for an industrial pretreatment user permit, and shall not cause or allow discharges to the POTW to continue after ninety (90) days of the effective date of this article except in accordance with an industrial pretreatment user permit issued by the city manager. (D) Industrial pretreatment user permitting new connections. Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain an industrial pretreatment user permit prior to beginning or recommencing of such discharge. An application for this wastewater permit must be filed at least ninety (90) days prior to the date upon which discharge will begin. (E) Industrial pretreatment user permitting extra jurisdictional industrial users. Any existing significant industrial user located beyond the city limits shall submit an industrial pretreatment user permit application, in accordance with Section 29-7(F) below, within ninety (90) days of the effective date of this article. New significant industrial users located beyond the city limits shall submit such application to the city manager ninety (90) days prior to any proposed discharge into the POTW. 26 (F) Industrial pretreatment user permit application contents. In order to be considered for an industrial pretreatment user permit, all industrial users required to have an industrial pretreatment user permit must submit the information required by Section 29-9(A)(2) of this article. The city manager shall approve a form to be used as a permit application. In addition, the following information may be requested: (1) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW. (2) Number of employees, hours of operation, and proposed or actual hours of operation of the plant. (3) Each product produced by type, amount, process or processes, and rate of production. (4) Type and amount of raw materials processed (average and maximum per day). (S) The site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge. (6) Time and duration of the discharge. (7) Any other information as may be deemed necessary by the city manager to evaluate the industrial pretreatment user permit application. Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision. (G) Application signatories and certification. All industrial pretreatment user permit applications and industrial user reports must contain the following certification statement 27 and be signed by an authorized representative of the industrial user. "I certify under penalty of law that this document and all attachments were prepared under my.direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (H) Industrial pretreatment user permit decisions. The city manager will evaluate the data furnished by the industrial user and may require additional information. Within thirty (30) days of receipt of a complete industrial pretreatment user permit application, the city manager will determine whether or not to issue an industrial pretreatment user permit. If no determination is made within this time period, the application will be deemed denied. The city manager may deny any application for an industrial pretreatment user permit. Section 29-8. Industrial pretreatment user permit issuance process. (A) Industrial pretreatment user permit duration. Industrial pretreatment user permits. shall be issued for a specified time period, not to exceed five (5) years. An industrial pretreatment user permit may be issued for a period less than five (5) years, at the discretion of the city manager. Each industrial pretreatment user permit will indicate a specific date upon which it will expire. (B) Industrial pretreatment user permit contents. Industrial pretreatment user permits shall include such conditions as are reasonably deemed necessary by the city manager to prevent pass through or interference, protect the quality of the water body receiving -the treatment plant's effluent, protect worker health and safety, facilitate sludge OR management and disposal, protect against damage to the POTW. (1) Industrial pretreatment user permits must contain the following conditions: (a) A statement that indicates industrial pretreatment user permit duration, which in no event shall exceed five (5) years. (b) A statement that the industrial pretreatment user permit is nontransferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing industrial pretreatment user permit. (c) Effluent limits applicable to the user based on applicable standards in federal, state, or local law. (d) Self monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law. (e) Statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law. (2) Industrial pretreatment user permits may contain, but need not be limited to, the following: (a) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for the flow regulation and equalization. 29 (C) (b)Limit on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties. (c) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works. (d) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges. (e) Development and implementation of waste mini- mization plans to reduce the amount of pollutants discharged into the POTW. (f) The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharges to the POTW. (g) Requirements for installation and maintenance of inspection and sampling facilities and equipment. (h) A statement*that compliance with the industrial pretreatment user permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the industrial pretreatment user permit. (i) Other conditions as deemed appropriate by the city manager to ensure compliance with this article, state and federal laws, rules, and regulations. Industrial pretreatment user permit appeals. Any person, including the industrial user may petition the city to 9M reconsider the terms of an industrial pretreatment user permit within sixty (60) days of its issuance. (1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. (2) In its petition, the appealing party must indicate the industrial pretreatment user permit provisions objected to, the reasons for the objection, and the alternative condition, if any, it seeks to place in the industrial pretreatment user permit. (3) The effectiveness of the industrial pretreatment user permit shall not be stayed pending appeal. (4) If the city manager fails to act within sixty (60) days, a request for reconsideration shall be denied. Decisions not to reconsider an industrial pretreatment user permit, not to issue an industrial pretreatment user permit, or not to modify an industrial pretreatment user permit, shall be considered final administrative action. (5) Any permit applicant may file with the city council a written request for reconsideration of the decision within ten (10) days. The city council may hear the appeal and shall make a final ruling within thirty- five (35) days of receipt of the user's written appeal. The decision of the city council shall be considered final administrative action for the purposes of judicial review. (D) Industrial pretreatment user permit modification. The city manager may modify the industrial pretreatment user permit for good cause including, but not limited to, the following: (1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements. (2) To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of industrial pretreatment user permit issuance. 31 (3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge. (4) Information indicating that the permitted discharge poses a threattothe city's POTW, 'city personnel, or the receiving waters. (5) Violation of any terms or conditions of the industrial pretreatment user permit. (6) Misrepresentation or failure to fully ,disclose all relevant facts ih the industrial pretreatment user permit application or in any required reporting. (7) Revisions of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13. (8) To correct typographical or other errors in the industrial pretreatment user permit. (9) To reflect a transfer of the facility ownership and/or operation to a new owner/operator. The filing of a request by the permittee for an industrial pretreatment user permit modification does not stay any industrial pretreatment user permit conditions. (E) Industrial pretreatment user permit transfer. Industrial pretreatment user permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least ninety (90) days advance notice to the city manager and the city manager approves the industrial pretreatment user permit transfer. The notice to the city manager must include a written certification by the new owner and/or operator which: (1) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes. 32 (2) Identifies the specific date on which the transfer is to occur (3) Acknowledges full responsibility for complying with the existing industrial pretreatment user permit. Failure to provide advance notice of a transfer renders the industrial pretreatment user permit voidable on the date of a facility transfer. (F) Industrial pretreatment user permit revocation. Industrial pretreatment user permits may be revoked for the following reasons: (1) Failure to notify the city of significant changes to the wastewater prior to the changed discharge. (2) Failure to provide prior notification to the city of changed condition pursuant to Section 29-9(E). (3) Misrepresentation or failure to fully disclose all relevant facts in the industrial pretreatment user permit application. (4) Falsifying self-monitoring reports. (5) Tampering with monitoring equipment (6) Refusing to allow the city timely access to the facility premises and records. (7) Failure to meet effluent limitations. (8) Failure to pay fines and penalties. (9) Failure to pay sewer charges. (10) Failure to meet compliance schedules. (11) Failure to complete a wastewater survey or the industrial pretreatment user permit application. 33 (12) Failure. to provide advance notice of the transfer of a permitted facility. (13) Violation of any pretreatment standard or requirement, or any terms of the industrial pretreatment user permit or this article. Industrial pretreatment user permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All industrial pretreatment user permits are void upon the issuances of a new wastewater discharge permit. (G) Industrial pretreatment user permit reissuance. A significant industrial user shall apply for industrial pretreatment user permit reissuance by submitting a complete industrial pretreatment user permit application in accordance with Section 29-8,(F) a minimum of ninety (90) days prior to the expiration of the industrial user's existing industrial pretreatment user permit. Section 29-9. Reporting requirements. (A) Baseline monitoring reports. (1) Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the city a report which contains the information listed in subsection (2), below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in paragraph (b), below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged. M (2) The industrial user shall submit the information required by this section including: (a) Identifying information. The name and address of the facility including the name of the operator and owners. (b) Industrial pretreatment user permits. A list of any environmental control industrial pretreatment user permits held by or for the facility. (c) Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes. (d) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from the regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e). (e) Measurement of pollutants. (1) Identify the categorical pretreatment standards applicable to each regulated process. (2) Submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the city) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 29-9(J). 011 (3) Sampling must be performed in accordance with procedures set out in Section 29-9(K). (f) Certification. A statement reviewed by the industrial user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a constant basis—and, if not, whether additional operation and maintenance (0&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. (g) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the industrial user will provide such additional pretreatment and/or 0&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standards. A compliance schedule pursuant to this section must meet the requirements set out in Section 29-7(F) and 29-13(D) of this article. (h) All baseline monitoring reports must be signed and certified in accordance with Section 29-7(G). (B) Compliance schedule progress report. The following conditions shall apply to the schedule required by Section 29-9(A)(2)(G). The schedule shall contain progress increments in the form of dates for the commencement and completion of, major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation) No increment referred to above shall exceed nine (9) months. The industrial user shall submit a progress report to the city manager no later than fourteen (19) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, (and, if appropriate) the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine (9) \` 36 months elapse between such progress reports to the city manager. (C). Report on compliance with Categorical Pretreatment Standards deadline. Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in Section 29-9(A) (2) (d—f) . For industrial users subject to equivalent mass or concentration limits established in accordance with the procedure in the 40 CFR 403.6(c), this report shall contain a reasonable measure of the industrial user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 29-7(G). (D) Periodic compliance reports (1) Any significant industrial user subject to a pretreatment standard shall, at a frequency determined by the city manager but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 29-7(G). (2) All wastewater samples must be representative of the industrial user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that the sample results are unrepresentative of its discharge. 37 (3) If an industrial user subject to the monitoring requirement in and of this section monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in Section 29-9(J) and (K) of this article the results of this monitoring shall be included in the report. (E) Report of changed conditions Each industrial user is required to notify the city manager of any planned .significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least sixty (60) days before the change. (1) The city manager may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of an industrial pretreatment user permit application under Section 29-7(F). (2) The city manager may issue an industrial pretreatment user permit under Section 29-7(H) or modify an existing discharge permit under Section 29-8(D). (3) No industrial user shall implement the planned changed condition(s) until and unless the city manager has responded to the industrial user's notice. (4) For purpose of this requirement flow increases of ten (10) percent or greater, and the discharge of any previously unreported pollutants shall be deemed significant. (F) Reports of potential problems. (1) In the case of any discharge including, but not limited to, accidental discharges, discharges of a non -routine, episodic nature, a non -customary batch discharge, or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in Section 29-4(A) of this article), it is the responsibility of the industrial user to immediately telephone and notify the city manager of the incident. This notification shall include the location of discharge, type of M waste, concentration and volume, if known, and corrective actions taken by the industrial user. (2) Within five (5) days following such discharge, the industrial user shall, unless waived by the city manager, submit a detailed written report describing the cause(s) of the discharge and the measures taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by this article. (3) Failure to notify the city manager of potential problem discharges shall be deemed a separate violation of this article. (4) A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (1), above. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of the emergency notification procedure. (G) Reports from nonsignificant industrial users. All industrial users not subject to categorical pretreatment standards and not required to obtain an industrial pretreatment user permit shall provide appropriate reports to the city as the city manager may require. (H) Notice of violation/repeat sampling reporting. If sampling performed by an industrial user indicates a violation, the industrial user must notify the control authority within twenty-four (24) hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat sampling and analysis to the control authority within thirty (30) days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs monitoring at the industrial user' s at least once a month, or if the 39 POTW performs sampling between the industrial user's initial sampling and when the industrial user receives the results of this sampling. (I) Notification of the discharge of hazardous waste. (1) Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and MDNR Waste Management Program Director in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification shall contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this paragraph need 'be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under Section 29- 9(E), above. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of Sections 29- 9(A), (C) and (D) above. (2) Dischargers are exempt from the requirements of paragraph (a) of this section during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute 40 hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification. (3) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director, and the MDNR Waste Management Program Director of the discharge of such substance within 90 days of the effective date of such regulations. (4) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. (J) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of an industrial pretreatment user permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. (K) Sample collection. (1) Except as indicated in subsection (2), below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the city manager may authorize the use of time proportional sampling or through a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. 41 (2) Samples for oil grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile chemicals must be obtained using grab collection techniques. (L) Determination of noncompliance. The city manager may use a grab sample to determine noncompliance with pretreatment standards. (M) Timing. Written reports will be deemed submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern. (N) Record keeping. Industrial users shall retain, and make available for inspection and copying, all records of monitoring activities, results and information required to be retained under this article. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning compliance with this article, or where the industrial user has been specifically notified of a longer retention period by the city manager or the control authority. Section 29-10. Compliance monitoring. (A) Inspection and sampling. The city shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this article, and any permit or .order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. Industrial users shall allow the city manager or his representative ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. (1) Where an industrial user has force which require proper clearance before entry into industrial user shall make its security guards so suitable identification, and EPA will be permitted 42 security measures in identification and its, premises, the necessary arrangements with that, upon presentation of personnel the city, state, to enter without delay, for the purposes of performing their specific responsibilities. (2) The city, state, and EPA shall have the right to set up on the industrial user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations. (3) The city may require the industrial user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy. (4) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the city manager and shall not be replaced. The costs of clearing such access shall be born by the industrial user. (5) Unreasonable delays in allowing city personnel access to the industrial user's premises shall be a violation of this article. (6) While performing the necessary work on private properties referred to in Section 29-10(A), the city manager or duly authorized employees of the city shall observe all safety rules applicable to the premise established by the company. (B) Search warrants. If the city manager has been refused access to a building, structure or property or any part thereof, and if the city manager has demonstrated probable cause to believe that there may be a violation of this article or that there is need to inspect as part of a routine inspection program of the city designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then upon application by the city attorney, the municipal court judge of the city shall 3�3 issue a search and/or seizure warrant describing therein the specific location subject to warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property by the city manager in .the company of a uniformed police office of the city. In the event of an. emergency affecting public safety, inspections shall be made without the issuance of a warrant. Section 29-11. Confidential information. Information and data on an industrial user obtained from reports, surveys, industrial pretreatment user permit applications, industrial pretreatment user permits, and monitoring programs, and from the city inspection and sampling activities, shall be available to the public without restriction—unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of the city manager, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2,302 will not be recognized as confidential information and will be available to the public without restriction. Section 29-12. Publication of industrial users in significant noncompliance. The city shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the industrial users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. Section 29-13. Administrative enforcement remedies. (A) Notification of violation. Whenever the city manager finds that any user has violated or is violating this article, an industrial pretreatment user permit or order issued hereunder, or any other pretreatment requirement, the city manager or his agent may serve upon said user a written notice of violation. Within five (5) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the city manager. Submission of this plan in no way relieves the user of liability from any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (B) Consent orders. The city manager is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any industrial user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant to Section 29-13(D) and 29-110.5 below and shall be judicially enforceable. (C) Show cause hearing. The city manager may order any user which causes or contributes to violation(s) of this article, industrial pretreatment user permits, or orders issued hereunder, or any other pretreatment standard or requirement, to appear before the city manager and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not 45 be a prerequisite for taking any other action against the user. (D) Compliance orders. When the city manager finds that a user has violated or continues to violate this article, industrial pretreatment user permits or, orders issued hereunder, or any other pretreatment standard or requirement, he may .issue an order to the industrial user responsible for the discharge directing that the user come into compliance within thirty (30) days. If the user does not come into compliance within thirty (30) days, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance,, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking other action against the user. (E) Cease and desist orders. When the city manager finds that a user is violating this article, the user's industrial pretreatment user permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the city manager may issue an order to the user directing it to cease and desist all such violations and directing the user to: (1) Immediately comply with all requirements. (2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user. gro (F) Administrative penalty. (1) Notwithstanding any other section of this article, any user that is found to have violated the cease and desist order issued by the city manager shall be penalized in an amount not to exceed one thousand dollars ($1000.00). Such penalties shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, penalties shall be assessed for each day during the period of violation. (2) Unpaid penalties shall, after thirty (30) calendar days, be assessed an additional penalty of ten (10) percent of the unpaid balance and interest shall accrue thereafter at a rate ten (10) percent per month. A lien against the individual user property will be sought for unpaid charges and penalties. (3) Users desiring to dispute such penalty must file a written request for the city manager to reconsider the penalty along with full payment of the penalty amount within sixty (60) days of being notified of the penalty. Where a request has merit, the city manager shall convene a hearing on the matter within thirty (30) days of receiving the request from the industrial user. In the event the user's appeal is successful, the payment together with any interest accruing thereto shall be returned to the industrial user. The city manager may add the costs of preparing administrative enforcement actions such as notices and orders to the penalty. (4) Issuance of an administrative penalty shall not be prerequisite for taking any other action against the user. (G) Emergency suspensions. The city manager may immediately suspend a user's discharge (after informal notice to the user) whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The city manager may also immediately suspend a user's discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment. 47 (1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the city manager shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The city manager shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings set forth in Section 29-13(H) are initiated against the user. . (2) A user is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the city manager, prior to the date of any show cause or termination hearing under Sections 29-13 (C) and (H). Nothing in this section requiring a hearing prior under this section. shall be interpreted as to any emergency suspension (H) Termination of discharge. In addition to those provisions in Section 29-8(F) of this article, any user that violates the following conditions of this article, industrial pretreatment user permits, _or orders issued hereunder, is subject to discharge termination. (1) Violation of industrial pretreatment user permit conditions. (2) Failure to accurately report the wastewater constituents and characteristics of its discharge. (3) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge. (4). Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling. (5) Violation of the pretreatment standards in Section 29- 4 of this article. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 29-13 (C) of this article why the proposed action should not be taken. Section 29-14. Judicial enforcement; remedies. (A) Injunctive relief. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this article, industrial pretreatment user permits or orders issued hereunder, or any other pretreatment requirement, the city manager may petition the appropriate court through the city's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the industrial pretreatment user permit, order or other requirement imposed by this article on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user. (B) Civil penalties. (1) Any user which has violated or continues to violate this article, any order or industrial pretreatment user permit hereunder, or any other pretreatment standard or requirement shall be liable to the city manager for a maximum penalty of five hundred dollars ($500.00) per violation per day. In the case of monthly or other long-term average discharge limits, penalties shall accrue for each day during the period of the violation. (2) The city manager may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and 49 monitoring expenses, and the cost of any actual damages incurred by the city. (3) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. (4) Filing a suit for civil penaltiesshall not be a prerequisite for taking any other action against a user. (C) Criminal prosecution. (1) Any user that willfully or negligently violates any provision of this article, any orders or industrial pretreatment user permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by penalty of not more than five hundred dollars ($500.00) per violation per day or imprisonment for not more than three (3) months or both. (2) Any user that .willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least five hundred dollars ($500.00) and/or be subject to imprisonment for three (3) months. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law. (3) Any user knowingly makes any false statements, representations, or certification in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this article, industrial pretreatment user permit or order, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished 50 by a penalty of not more than five hundred dollars ($500.00) per violation per day or imprisonment for not more than three (3) months or both. (D) Remedies nonexclusive. The provisions in Sections 29-12 through 29-15 are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the city reserves the right to take other action against any user when circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. Section 29-15. Supplemental enforcement action. (A) Liability insurance. The city manager may decline to reissue an industrial pretreatment user permit to any user which has failed to comply with the provisions of this article, any order, or a previous industrial pretreatment user permit issued hereunder, unless the user first submits proof that it has obtained financial assurances sufficient UO restore or repair damage to the POTW caused by this discharge. (B) water supply severance. Whenever a user has violated or continues to violate the provisions of this article, orders, or industrial pretreatment user permits issued hereunder, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply. (C) Public nuisances. Any violation of this article, industrial pretreatment user permits, or orders issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the city manager. Any person(s) creating a public nuisance shall be subject to the provisions of the City Code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating or remedying said nuisance. 51 Section 29-16. Affirmative defenses to discharge violations. (A) Upset. (1) For the purpose of this section, `upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment. facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (2) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (3) are met. (3) An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through signed; contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and the industrial user can identify the cause(s) of the upset; (b) The facility was at the time being operated in a prudent and workmanlike manner. and in compliance with applicable operation and maintenance procedures; (c) The industrial user submitted the following information to the POTW and treatment plant operator within twenty-four (24) hours of becoming aware of the upset, if this information is provided orally, a written submission must be provided within five (5) days: (1) A description of the indirect discharge and cause of noncompliance 52 (2) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue (3) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance. (4) In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof. (5) Industrial users will have the opportunity for a judicial determination on any claim of upset in an enforcement action brought for noncompliance with categorical pretreatment standards. (6) The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. The requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails. (B) General/specific prohibitions. An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in Section 29-4(A) of this article if it can prove that it did not know or have reason to know that its discharge, along or in conjunction with discharge from other sources, would cause pass through or interference and that either: (1) A local limit exists for each pollutant discharged and the industrial user was in compliance with each limit directly prior to, and during the pass through or interference, or 53 (C) (2). No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. Bypass. (1) An industrial u does not cause to be violated, maintenance to bypasses are subsections (2) Ser may allow any bypass to occur which pretreatment standards or requirements but only if it also is for essential assure efficient operation. These not subject to the provisions of and (3) of this section. (a) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least ten (10) days before the date of the bypass if possible. (b) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POTW within twenty- four (24) hours from the time it became aware of the bypass. A written submission shall also be provided with five (5) days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The POTW may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. (2) Bypass is prohibited, and the POTW may take enforcement action against an industrial user for a bypass, unless; (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 54 (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The industrial user submitted notices as required under subsection (2) of this section. (3) The POTW may approve an anticipated bypass, after considering its adverse effects,. if the POTW determines that it will meet the three (3) conditions listed in subsection (3)a. of this section. Section 29-17. Miscellaneous provisions. (A) Pretreatment charges and fees. The city may adopt reasonable charges and fees for the reimbursement of costs of setting up and operating the city's industrial pretreatment program. (1) Fees for industrial pretreatment user permit applications including the cost of processing such applications. (2) Fees for monitoring,, inspection, and surveillance procedures including the costs of collection and analyzing an industrial user's discharge, and reviewing monitoring reports submitted by industrial users. (3) Fees for reviewing and responding to accidental discharge procedures and construction. (4) Fees for filing appeals. (5) Fees for dumping hauled septage and industrial waste. 55 (6) Other fees as the city may deem necessary to carry out ' the requirements contained herein. These fees relate solely to the matters covered by this article and are separate from all other fees, and penalties chargeable by the city. (B) Severability. If any provision of this article is invalidated by any court of competent jurisdiction, the remaining provisions shall not, be effected and shall continue in full force and effect. (C) Conflicts. All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this article, are hereby repealed to the extent of the inconsistency or conflict. DIVISION II: PRIVATE SERVICE LINES AND CONNECTIONS Section 29-18: Connections to surface water, groundwater sources prohibited. (A) Connections to sanitary sewers which terminate in basements of uncompleted buildings shall be tightly stopped so as to prevent the entrance of surface water into the sanitary sewer. Uncovered basements collecting rainwater, or water from other sources, must be dewatered by the pumping of same. In no event may such water enter a sanitary sewer. (B) Existing sewer connections to sanitary sewers, which carry water from roof drains, yard drains and uncovered areaways, shall be so altered as to permit the passage of sanitary sewage only. Roof drains shall be arranged to discharge on the surface of the ground a minimum of four feet behind the right-of-way line. (C) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building service line or building drain which in turn is connected directly or indirectly to a public sanitary sewer. M, Section 29-19. Duty of owner to connect to public sewer; time limitation. Where sanitary sewers exist, or are constructed in the city, it shall be the duty of the owner of the property to connect same to the public sewer at his expense, provided such public sewer is within two hundred (200) feet of the property line. Such connection shall be made within ninety (90) days after date of official notice from city manager. Section 29-20. Penalty for violation of provisions. Any owner mentioned above, who shall violate any of the provisions of this article, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as prescribed in Section 1-8 of this Code. DIVISION III: USE OF PUBLIC SEWERS Section 29-21. Unlawful to discharge stormwater, surface water, etc., into sanitary sewer. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. Section 29-22. Procedure for discharge of stormwater, unpolluted drainage, industrial cooling water. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the city manager. Industrial cooling water or unpolluted process waters may be discharged, on approval of the city manager, to a storm sewer, or natural outlet. Section 29-23. Unlawful to deposit any waste, other objectionable material upon public, private premises. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste. 57 Section 29-24. Unlawful to discharge sewage, other polluted waters. It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article. Section 29-25. Unlawful to construct, maintain privy, cesspool, etc., for disposal of sewage. Except as otherwise provided in this article, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. Section 29-26. Duty of owners to install toilet facilities. (A) Except as set forth in subsection (b) herein, the owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within ninety (90) days after date of official notice to, do so, provided that the public sewer is within two hundred (200) feet of the property line. (B) The requirements contained in subsection (a) of this section shall not apply to private sewage disposal systems or septic tanks in existence prior to January 31, 2003, unless that private system or septic tank ceases to function or becomes a health hazard or nuisance as defined by applicable law. Section 29-27. Control manholes; maintenance and operation. The owner of any Commercial or Industrial property serviced by a building sewer shall install .'a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole shall be accessibly and 58 safely located, and shall be constructed in accordance with plans approved by the city manager. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. Section 29-28. Use of grease and sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the city manager, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall meet the requirements set forth in Section 29-5. DIVISION IV: ACCOUNTS AND BILLING Section 29-29. Classification of users. (A) Users of the sewage system are hereby classified in the following manner: (1) Residential. Residential users of any structure which is used exclusively as a dwelling. Users of a portion of a structure which portion is separately metered for water use and is used exclusively as a dwelling are also classified as residential users. Residential users shall not include the users of hotels, motels, boardinghouses, nursing homes or residence halls. (2) Commercial and industrial. Commercial and industrial users are all users of the system other than residential users. (B) Revenue received from sewage service charges shall be accounted for according to the above user classifications. Section 29-30. Sewer service charges. (A) Levied. There is hereby levied on each sewage system user having any sewer connection with the sewage system of the city or otherwise discharging sewage, industrial waste, or other liquids, either directly or indirectly into the 59 city's sewage system, a sewage service charge. Subject to the exceptions provided in this chapter, such charge shall be based upon the quantity of water used in or on the premises as the same is measured by a water or sewage meter or meters approved by the city. Additional charges for extra strength sewage, toxic pollutants, and wastewater monitoring will be levied where applicable. (B) Basic sewer service charge. Each user of the sewage system of the city shall pay for the use of such system based on the following schedule of rates: Quantity charges for residential users shall be based on the average monthly water usage during the immediate preceding months of January, February and March. When a residential user does not have a history of water usage for the immediate preceding January, February and March or when a residence is not properly metered, the quantity charge shall be computed on the basis of average water usage for the entire residential class. Charges for commercial and industrial users shall be based on one hundred (100) percent of the monthly metered water used except as otherwise provided in Section 29-31. (C) Extra strength charge. Wastewater discharged to the sewage system from commercial or industrial users shall be subject to an extra strength charge when the BOD or suspended solids concentration exceeds three hundred (300) milligrams per liter (mg/1) by weight. All analyses shall be performed on composite samples collected at no less than hourly intervals over a twenty -four -[hour] period. Extra strength charges shall be calculated based on one hundred (100) percent of metered water use, except as otherwise provided in section 29-31, in accordance with the following formula: m User Charge Portion Capital Charge Portion Total Service $3.32 monthly $9.87 monthly $13.19 monthly Charge: bill bill bill Quantity $2.59/Ccf $0.41/Ccf $3.00/Cc£ Charge: All Volume Quantity charges for residential users shall be based on the average monthly water usage during the immediate preceding months of January, February and March. When a residential user does not have a history of water usage for the immediate preceding January, February and March or when a residence is not properly metered, the quantity charge shall be computed on the basis of average water usage for the entire residential class. Charges for commercial and industrial users shall be based on one hundred (100) percent of the monthly metered water used except as otherwise provided in Section 29-31. (C) Extra strength charge. Wastewater discharged to the sewage system from commercial or industrial users shall be subject to an extra strength charge when the BOD or suspended solids concentration exceeds three hundred (300) milligrams per liter (mg/1) by weight. All analyses shall be performed on composite samples collected at no less than hourly intervals over a twenty -four -[hour] period. Extra strength charges shall be calculated based on one hundred (100) percent of metered water use, except as otherwise provided in section 29-31, in accordance with the following formula: m S = Vs x 0.00624 x [$0.112 (BOD - 300) + $0.090 (SS -300)] Where: S = Surcharge in dollars monthly. Vs = Sewage volume in one hundred (100) cubic feet per month. 0.00624 = conversion factor for one hundred (100) cubic feet to million pounds. $0.112 = Unit charge for BOD in dollars per pound; of which $0.108 represents the user charge portion and $0.004 represents capital charges. BOD = BOD strength index in mg/l by weight. 300 = Allowed BOD and suspended solids strengths in mg/l by weight. $0.090 = Unit charge for suspended solids in dollars per pound; of which $0.088 represents the user charge portion and $0.002 represents capital charges. SS = Suspended solids strength index in mg/l by weight. (D) Monitoring charge. When regulations as set forth by federal, state and city require monitoring of the waste from a commercial or industrial user whether for strength calculations or for national pollutant discharge elimination system compliance, that user shall pay a monitoring charge. The monitoring charge shall consist of all costs for personnel, material and equipment used to collect and analyze samples from the user's sewage. The exact charge shall be based on actual costs and shall be determined by the city. (E) Toxic pollutant charge. Any user which discharges any toxic pollutants which cause an increase in the cost of managing effluent or sludge from the city's treatment system shall pay for such increased costs. Section 29-31. Determination of amount of use. (A) The amount of sewage discharged to the sewage system of the city shall be determined by the quantity of water metered to the user. In the case of a single user whose water usage is measured by several meters, the total water usage for 61 all the meters shall be the 'basis on which sewer service. charges are computed and not on the basis of each separate meter reading. Each person from whose property or premises sewage in any quantity is discharged into the sewage system of the city but whose water usage is not metered, is hereby required to meter, at its source, at their own expense, the quantity of water used, with an appropriate meter to be approved by the city, and to pay a monthly sewer service charge based upon the amount of water thus metered, to be computed in like manner as provided in Section 29-30. (B) If a commercial or industrial user desires to establish eligibility for a sewage service volume base of less than one hundred (100) percent of monthly water .usage he may at.. his sole expense: (1) Install a sewage meter acceptable to the city to measure the volume of liquid actually discharged into the sewage system from his premises. Such meter shall be maintained and calibrated by the user and the readings from the meter shall be taken at least once monthly and shall be provided to the city on a monthly basis. In the event a sewage meter is installed, the rate schedule as set forth in Section 29-30 shall be applied to: (a) The volume of sewage entering the sewage system as measured by the meter; or (b) A calculated volume based on the percentage of metered water usage discharged to the sewage system as determined by the historical comparison of water usage and metered sewage. (2) In lieu of a sewage meter the user may install auxiliary water meter(s) to measure that portion of water used which is diverted from entering the sewage system. In the event an auxiliary water meter is installed the volume of water metered by such meter(s) shall be deducted from the total volume of water usage_ before the sewer service rate schedule is applied. (C) No refunds, allowances or reductions from the one hundred (100) percent water use base will be granted commercial or AW industrial users for any time period prior to approval of a sewage metering or diverted water metering system. Section 29-32. Determination of extra strength. (A) The city will perform analyses at intervals no greater than twelve (12) months to determine the strength of sewage discharged by commercial and industrial users who discharge an annual average volume of twenty-five thousand (25,000) gallons or more of sewage per day and whose wastes are subject to extra strength charges. Industrial and commercial users who discharge an average of less than twenty-five thousand (25,000) gallons per day and whose wastes are subject to extra strength charges shall have their wastes analyzed as often as deemed necessary by the city to obtain representative samples. (B) If any industrial or commercial user chooses not to accept the analytical determination made by the city they may at their sole expense employ an independent laboratory, acceptable to the city, to conduct sampling and analysis of their sewage. The time period and location for the collection of the samples shall be designated by the city. The city and the independent laboratory shall both preside over the collection of the samples and shall equally divide the final composite so that duplicate analyses may be made. (C) If results of the analyses of the sewage sample made by both the city and the independent laboratory are not comparable, the city may appoint a second independent laboratory to analyze the sewage. The sampling procedures used will be the same as those outlined above. The results of these analyses together with the previous results shall be used to determine the actual extra strength charges. The fee for the second independent laboratory analysis shall be shared equally between the city and the user. (D) If any industrial or commercial user improves the quality of their discharged sewage, the city will reevaluate the strength of the sewage if requested to do so by the user. The user will pay an additional monitoring charge for the necessary sampling and analysis. (E) The city shall have the right to enter into all premises served by the sewage system of the city, for the purpose of 63 inspecting, reading or otherwise examining all 'meters and appurtenances involved in the recording of water received on the premises or sewage discharged therefrom, or to collect samples for analysis of sewage discharged therefrom. If the city is denied entry to any such premises it may disconnect sewer services for such premises from the city's sewage system. Section 29-33. Review of user charge rate structure. The user charge rate schedule shall be reviewed and adjusted, if necessary, at least biennially to: (1) Maintain the proportional distribution of operation, maintenance and replacement (OM and R) costs among user classes. (2) Provide adequate revenues to cover OM and R and capital costs. Section 29-34. Billing; payment; delinquency; penalty. (A) The city finance director, or such other officer or representative of the city as may be designated from time to time, shall be responsible for calculating the amount of and rendering monthly bills for sewage service. The city shall collect.the bills for sewage service. (B), All service bills shall be due and payable in full fourteen (14) days from the date the bill was rendered and shall be considered delinquent after twenty-one (21) days. If the last day for remittance falls upon a weekend or holiday, or any other day when the offices of the department, regularly used for the payment of customer bills, are not open to the general public, the final payment date shall be extended through to the close of the next business day. The date of payment for remittance through the mail shall be the date on which the department receives the remittance. All accounts which become delinquent shall be charged a ten (10) percent penalty. (C) The city finance director shall keep a list of all delinquent sewage service accounts. The list shall include M. a legal description of the real property enjoying the use of the sewage system and the amount of the sewage charge plus penalty remaining unpaid. Delinquent sewage service accounts so listed shall constitute a lien upon the real property so served. The lien shall be enforced and the amounts owing shall be collected in the same manner as delinquent real estate taxes. Section 29-35. Disconnection. In the event an account declared delinquent has not been paid in full within three (3) months of the initial due date, the city may disconnect sewer services from such premises from the city's sewer system. The location of the disconnection shall be at the discretion of the city. The sewer may be reconnected to the city's sewage system by the affected property owner, who shall bear the entire expense of all costs for the reconnection, providing the delinquent account has been paid in full and that the city has been reimbursed in full for all costs borne by the city resulting from disconnecting the sewer. Section 29-36. owners and occupants jointly liable; authority of city to sue. The owners and occupants of individual premises served by the sewage system shall be jointly and severally liable to pay for sewage services to the premises. The city shall have the power to file a civil lawsuit against the owners or occupants or both to recover all sums due and, in addition thereto, a reasonable attorney's fee. Section 29-37. Septic tank users. (A) Septic tank users who do not use the sewage system of the city shall not be obligated to pay sewer service charges unless those public sewer services are reasonably available to such septic tank users, in which event such septic tank users shall be liable for sewer service charges. (B) For purposes of this section, a public sewer shall be deemed to be reasonably available if it is within two 65 hundred' (200) feet of the property line of a property served by a private sewage disposal system or septic tank. Section 29-38. Notification. All users of the sewage system shall be notified_ at least annually as to: (1) The rate schedule in effect. (2) That part of total charges attributable to user charges for sewage treatment service. Section 29-39. Use of funds. The monies received from the collection of the sewer service charge as provided in this article.shall be used only for the following purposes: (1) If there are outstanding sewage system revenue bonds, the moneys received shall be used only in accordance with the provisions of the terms of the ordinance or ordinances authorizing issuance of the bonds. (2) If there are no outstanding sewage system revenue bonds, the moneys .received shall be used only to pay the costs and liabilities incurred in operating, maintaining and replacing the city's sewage collection and treatment facilities and to pay all cost of carrying out the provisions of this article. Section 29-40. Unlawful to tamper. It shall be unlawful for any person to tamper with any sewer line or to reconnect sewer services when services have been disconnected for nonpayment of a bill for sewer services, unless such bill for sewer .services has been paid in full. Such offense shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. Section 29-41. Failure to pay sewer service charge. It shall be .unlawful for any.user to fail to pay the sewer service charge established in this article and such offense shall be punished by a fine not exceeding five hundred dollars ($500.00). DIVISION V: PRIVATE SEWAGE DISPOSAL Section 29-42. When required. When a public sanitary sewer is not available under the provisions of Section 29-45, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article. Section 29-43. Permit required; application; fee. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the city manager. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the city manager. Section 29-44. Inspection by city manager. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the city manager. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the city manager when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty- eight (48) hours of the receipt of notice by the city manager. Section 29-45. Requirements when public sewer available. (A) At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, 67 cesspools and similarprivate sewage disposal facilities shall be abandoned and filled with suitable material. (B) When a public sewer becomes available, the building sewer shall be connected to such sewer within ninety (90) days after date of official notice to do so and the private sewage disposal system shall be cleaned of sludge and filled with clean bank -run gravel or dirt. (C) For purposes of this section, a public sewer shall be deemed to be available if it is within two hundred (200) feet of the property line .of a property served by a private sewage disposal system or septic tank. (D) The requirements contained in subsections (a) and (b) of this section shall not apply to private. sewage disposal systems or septic tanks in existence prior to January '31, 2003, unless that private system or septic tank ceases to function or becomes a health hazard or nuisance as defined by applicable law. Section 29-46. Facilities to be kept sanitary. (A) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city. (B) Wastewater or septic tank haulers shall not discharge any waste within the corporate boundaries of the city except as permitted by the city manager. All wastewater or septic tank haulers shall, in addition to all other requirements for wastewater and septic tank haulers, apply for a wastewater discharge permit in the manner and form. prescribed by the city manager prior to discharging such wastes to the city sewerage system. Section 29-47. Additional requirements of health officer. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the health officer. M. Section 29-48. Individual sewage disposal systems for homes and other establishments where public sewage systems are not available. (A) Where public water is available but no public sewage system is available: (1) The minimum lot size in which a private disposal system may be installed is fifteen thousand (15,000) square feet. (2) Required lot size with private water system in which a private disposal system may be installed is twenty thousand (20,000) square feet. (B) For purposes of this section, a public sewage system shall be deemed to be available if it is within two hundred (200) feet of the property line of a property served by a private sewage disposal system or septic tank. Section 29-49. Rules and regulations of the county public health department. In addition to the requirements set out in the Code of Ordinances of the City of Cape Girardeau, the construction, modification, repair and location of on-site sewage systems shall also be governed by the rules and regulations of the Cape Girardeau County Public Health Department, including requirements for licenses for installers and permits for discharges of three thousand (3,000) gallons or less per day. ARTICLE II: WATER DIVISION DIVISION I: GENERAL Section 29-60. Definitions. For the purpose of this article, the following words and terms shall have the meanings respectively ascribed: GS] Approved; Approved by the city'manager and; "approval" shall mean the city manager's approval. City. The City. of Cape Girardeau or the City Council of Cape Girardeau. City Fee Schedule. The City Fee Schedule is established pursuant to the provisions of Section 25-114 of the City Code. City manager. The city manager of the city, or his authorized deputy, agent or representative. Customer. The corporation, association, or individual legally using water supplied by the department. A purchaser of utility service. Customer's water installation. All pipes, valves, stops, plumbing or contrivances owned by the customer or property owner and located on such property which are used for the purpose of connecting such installation to the department's water service line, meter, curb stop, or water main, or other part of the distribution system as the case may be. Cycle billing. A system employed which results in the rendition of bills for utility service to various customers on different days of any calendar month. Delinquent account. A bill remaining unpaid by a customer at least twenty-one days from rendition of the bill by the department. Department. The public works department of the City of Cape Girardeau, Missouri.. Director. The director of the department of public works for the city, or his authorized representative. Discontinuance of service. A cessation of utility service to a customer not directly requesting termination. Distribution system. That part of the city's water works.used to distribute water from points of treatment and storage to the customers served; including mains, valves, fittings, service lines, and other appurtenances. EasemenL. The laird legally designated for the installation and maintenance of utility lines necessary to properly serve the public with utility services. 70 Estimated bill. A bill for utility services calculated using one or more estimated meter readings for the billing period. Lot. A parcel or portion of land in a subdivision, or parcel of land separated from other parcels or portions by description as on a subdivision plat of record, survey map, or by metes and bounds description. Meter. A device installed at each customer's premises for the purpose of measuring the quantity of water used. Plan. A map of a subdivision showing the location, arrangement and size of lots, streets, easements, and other rights-of-way. Property. A lot, tract, or other parcel of land. Property owner. An individual, corporation or association holding legal title or otherwise having legal control of a property. Rendition of bill or notice by the city. The actual date on which the bill or notice was printed by the city. Resale service. Water service used by the customer for resale to another at a profit or at a cost related to the amount of usage. Right-of-way. A street or roadway dedicated to the city, county or to the State of Missouri. Service area. All of the city limits and any other areas where the department furnished utility service. Standard specifications. The City of Cape Girardeau Standard Specifications and drawings, as may be amended, on file with the City Clerk. Subdivision. A parcel of land divided into two (2) or more lots or other divisions of land. Submeter. A meter that is used in series with another meter for the purpose of measuring a quantity of water a second time. Termination of service. A cessation of utility service requested by the customer. Utility services. Water, sewage or solid waste collection service, or any combination thereof. 71 Water main. The main` lines or pipes, usually located in the Right -of -Way or easement, and used for supplying water to a number of customers, or an entire area. Water service line. The pipe, valves, fittings, water meter, meter box, and all other fixtures owned by the department and used to connect the customer's water installation to the water main. Water works. All the physical property of the city including wells, pumping plants, pipe lines, distribution lines, buildings, and all other equipment, apparatus and property used for the sole purpose of obtaining, producing, distributing, metering, and delivering water. DIVISION II: ACCOUNTS AND BILLING Section 29-61. Application. (A) Customers shall apply for utility service at a location designated by the city manager as utilities accounts and billing office by submitting a signed application stating their name and address, social security number, the kind of service requested, and the location to be served, by making the necessary deposits, and paying any required connection fees. (B) In the event the customer has existing accounts which are delinquent or any other monies are owed the city, no approval of application for new service or transfer of service will be given until all accounts in arrears and required deposits or fees are paid in full. (C) No transfer of an existing service account .to another customer will be approved unless prior balance is addressed or if in the judgment of the city such transfer is requested with the intent of avoiding payment for past service. On any application, the city may require documentation necessary to establish identity, residency and/or date of occupancy. (D) Any necessary deposits shall be collected at the time of application. No customer shall be refused service due to race, sex, creed, national origin, or age. 72 (E) If approved, water service shall be provided to the water user with no guarantee of minimum or maximum pressure flow. Further, water service may be interrupted with or without notice to the user due to unforeseen circumstances, mechanical failure, piping failure, maintenance of the system, emergencies and other causes. The city is not responsible for and is indemnified against any damage or loss arising from pressure, flow or service interruption conditions in operation of the system in accordance with applicable regulations. Section 29-62. Rates. (A) General water service. Availability. This rate schedule is available to any metered customer adjacent to the city's water distribution mains, using standard water service. Rate. The monthly rate for service delivered hereunder shall be the total of: (1) A customer charge per month for each meter as follows: Meter Size(s) (inches) Monthly Customer Charge (per meter) % 7.68 3 11.84 1 15.99 11- 29.93 2 45.73 3 85.66 4 141.37 plus; (2) A commodity charge of: First 60 Bills Rendered used per Before July 1, 2011 First 60 CCF used per month -$2.222 per CCF. All over 60 CCF used per month—$1.713 per CCF. First 60 CCF used per month—$2.333 per CCF. 73 All over 60 CCF used per month—$1.798 per CCF. (B) Private fire protection service. Availability. This rate schedule is available to customers adjacent to adequate water distribution mains for private fire protection service. Rate. Private fire protection service rates for all ,types of private fire protection systems are based on the size of connection of customer's private fire protection service to city's distribution main and shall be charged for as follows: Size of Connection Bilis Rendered After July 1, 2011 All over 60 CCF used per month—$1.798 per CCF. (B) Private fire protection service. Availability. This rate schedule is available to customers adjacent to adequate water distribution mains for private fire protection service. Rate. Private fire protection service rates for all ,types of private fire protection systems are based on the size of connection of customer's private fire protection service to city's distribution main and shall be charged for as follows: Size of Connection Rate Per Connection Effective July 1, 2011 4 inch or smaller 9.78 per month $ 6 inch 19.58 per month 8 inch 29.42 per month (C) Industrial water service. Availability. This rate schedule is available for industrial use only, when separated from standard water service, to any customer adjacent to the department's water mains in The Greater Cape Girardeau Development Corporation Industrial Tract. Rate. The monthly rate for service delivered hereunder shall be the total of: (1) A customer charge per month for each meter as follows: 74 Meter Size(s) (inches) Monthly Customer Charge (per meter) 34 or 31 7.45 $ 1 15.52 1'h 29.06 2 45.28 3 83.14 4 137.21 6 286.95 plus; (2) A commodity charge of $0.1439 per CCF for all water used during the billing month. Section 29-63. Service fees. A fee of fifteen dollars ($15.00) shall be charged to all accounts when a city employee or agent of the city is dispatched to disconnect water. If the water is reconnected or reinstated during regular office hours, an additional reconnection fee of fifteen dollars ($15.00) shall be charged the account. If reconnection is requested by the customer and made after 5:00 p.m. on regular working days, or on weekends or holidays, the reconnection or reinstitution charge shall be thirty dollars ($30.00). Section 29-64. Billing and payment. (A) The city shall render a bill once during each billing period to every customer in accordance with the applicable rate schedule. (B) The manner of furnishing the statement shall be determined by the city manager, provided each customer is billed in a reasonable manner. (C) The city may divide the service area into sections, and/or the customers into various classes for the purpose of rendering statements. Such sections or classes may be changed from time to time to meet the operating requirements of the city. Such sections or classes are for 75 the sole purpose of establishing a billing rotation and shall have no affect on the amount or rate of billing. (D) Each billing statement rendered by the city shall be computed on the actual usage during the billing period except as follows: (1) The city reserves the right to render a bill based on estimated usage for any of, but not limited to, the following reasons: (a) When extreme weather conditions, emergencies, or work stoppages prevent actual meter readings. (b) When a customer fails to provide safe and/or reasonable access to his premises for the purpose of reading the meter. (c) Should the meter be damaged or tampered with in any manner which may render its reading inaccurate. (E) All service bills shall be due and payable in full fourteen (14) days from the date the bill was rendered and shall be considered delinquent after twenty-one (21) days. If the last day for remittance falls upon a weekend or holiday, or any other day when the offices of the department, regularly used for the payment of customer bills, are not open to the general public, the final payment date shall be extended through to the close of the next business day. The date of payment for remittance through the mail shall be the date on which the department receives the remittance. (F) A ten (10) percent delayed payment charge shall be imposed on the current amount due on all delinquent accounts. The delayed payment charge shall be due and payable on the date that the account becomes delinquent. (G) Payments for utility services shall be credited first to the deposit, then evenly to solid waste, sewer and water services with the most delinquent outstanding balance first. M (H) Whenever a customer shall order his services terminated or otherwise cease to be a customer, all amounts owned by the customer to the city shall immediately become due. Section 29-65. Security deposits. (A) Each customer shall be required to make a security deposit, which shall be collected at the time of application, as a condition of new service to all customers. (1) Customers requesting services to a one -family dwelling or one -family unit of a larger residential building shall deposit an amount equal to twice the total of the city-wide monthly residential averages for the utility services being requested. The required deposit will be rounded to the nearest dollar. Averages shall be computed on the first day of each fiscal year. (2) The city may also increase security deposits for residential accounts to minimize the city's risks where appropriate. (3) Persons applying for service who can provide a utility reference showing prior twelve (12) months current on time payments, shall not be required to pay a security deposit except as otherwise provided herein. (B) In order for customers to obtain service to a commercial establishment or for any use other than single-family residential use, they shall be required to meet one of the following provisions: (1) Make a deposit based on twice the estimated amount of thirty (30) days' bill for those services requested for new and be adjusted to twice the actual average as necessary. The city may also increase security deposits for commercial accounts to minimize the city's risk where appropriate. (2) Furnish cash equivalent collateral in the amount of value as described in (b)(1) above. (C) Service deposits may be transferred or applied to a new residence or business location if a customer moves. 77 Adjustment shall be made if the amount of deposit is inadequate or excessive. (D) The department may require an additional security deposit as a condition of continued service if, in an unauthorized manner, the customer interferes with or diverts the service of the utility situated on or about or delivered to the customer's premises. (E) No additional security deposit shall be required by the department on the basis of the customer's age, sex, race, creed, or national origin. (F) In the event all active accounts for a customer have been paid on or before due date for twelve (12) consecutive months and a security deposit was required, the customer may request the deposit amount be credited to the account against utility charges until recovered in full. Section 29-66. Discontinuance of service. (A) No person, except authorized employees or agents of the city, shall disconnect any meter, connect to any meter, or disturb the service lines of any utility without written authorized permission. In the event the city shall discover evidence of tampering with any water meter, or lines used for water distribution, sewage collection, or other such line of the utility having the probable effect of rendering actual meter readings inaccurate, or to receive the service of the utility without proper payments, the city shall have the right to disconnect utility service to the customer and remove its property from the customer's premises. In addition, the city manager may cause service to be disconnected due to: (1) Violation of health codes (.per recommendation of the County Health Department); (2) Request of fire department due to fires or fire danger; (3) Request from building inspector because of unsafe condition of structure or dwelling; M (B) The city may determine to continue service or to reconnect service upon compliance with city codes and/or payment by .the customer whose demand, use or bill was affected by such tampering, of the following, or any combination thereof, fees or charges at the city's election as determined by the city: (1) The amount of any city revenue loss attributable to such tampering, with such amount of loss determined by an estimate made by the city manager; (2) Cash deposit as determined by the city manager or his/her designee; provided, however, that requests for such deposits shall be made only in the event that the customer does not currently have on file with the city a cash deposit in an appropriate amount; and (3) The actual expenses incurred by the city in replacing and/or repairing the meter, service lines, the making of any connection or disconnection and any bookkeeping and clerical expenses incurred in the preparation of the required billing. (C) Prior to any service disconnection for nonpayment, the city shall give a minimum of five (5) working days' written notice of such intent by mail to the customer at his billing address. Notices will be generated for the total amount delinquent for all prior billing periods if the customer has a delinquent amount greater than fifteen dollars ($15.00) and any portion is twenty-eight (28) or more days delinquent with the exception of security deposits. Such notice shall give a telephone number and address at which such discontinuance may be appealed. Any person, aggrieved by a decision of the finance department to cut off water service per city ordinance, shall have the right to submit a written request to the city manager appealing that decision at any time up to but no later than two (2) weeks after the cutoff date. However, the delinquent balance plus any applicable fees and deposits must be paid to have service restored on accounts that have an appeal pending. Items that will be considered in the appeal are payment history, size of the delinquency, or unique circumstances. Customers will be notified of the outcome of their appeals within fourteen (14) days of the appeal. 79 The city may discontinue service to customers for any of the following reasons: (1) Nonpayment of a delinquent account with a delinquent balance greater than fifteen dollars ($15.00). (2) Failure to post required security deposit. (3) Failure to comply with the terms and conditions of a settlement agreement relating to a current or prior utility account. (4) Refusal to grant access at reasonable times to equipment installed upon the premises of the customer for the purpose of inspection, meter reading, maintenance, replacement, shutoff or removal. (D) If a customer fails to inform the department of his intent to terminate utility services, or fails to respond to a delinquent notice, services may be discontinued and that customer's service deposits utilized as payment of any delinquent accounts. Any portion of the service deposits remaining after all amounts owed for any service have been deducted and if no claim is filed after a period of ninety (90) days has elapsed, shall be forfeited by the customer and deposited in the applicable utility service fund. Section 29-67: Unlawful to tamper It shall be unlawful for any person to tamper with any water, line or to reconnect water services that have been disconnected for nonpayment of a bill for water services, unless such bill for water services has been paid in full Such offense shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment. Section 29-68. Failure to pay water service charge. It shall be unlawful for any user to fail to pay the water service charge established in this article and such offense shall be punished by a fine not exceeding five hundred dollars ($500.00). DIVISION III: PRIVATE LINES AND CONNECTIONS Section 29-69. Water service lines—ownership; application; fees. (A) Water service lines, including the water main tap, the pipe, fittings, and valves between the main and the customer's water installation, the water meter, its appurtenances and the meter box shall be remain the property of the department, which shall be responsible for their perpetual maintenance. (B) Application for a water service line shall be simultaneous with application for water service to previously unserved properties and shall be accompanied with the normal service deposit as well as any connection or tapping fees. It shall be understood that the service will be placed into immediate use, and billing shall be started at the completion of the current or next full cycle after the connection. (C) Water service lines to previously unserved properties or to properties previously served by an inadequate or combined service line shall be installed by the department from the water main to the customer's property line upon application and only after all requirements for water main extension and payment have been met. At the time service is available at the property line, the customer shall connect within 60 days. Such installation shall include the pipe, fittings, valves, meter riser, meter box and all related appurtenances, as well as preparation of the main for water tap along with associated work such as excavation, backfill, permits, removal, repair and maintenance of paving on surface. (D) The customer shall be responsible for installation and maintenance of the customer's water installation from the property line regardless of meter location. All such installation shall be performed by a licensed plumber and shall be subject to Standards specifications. The customer's water installation shall be subject to inspection and approved by the city. 81 (E) Only department personnel shall be permitted to make service taps on the main except as otherwise specifically approved in writing by the department. (F) Water service lines to previously unserved properties or to properties previously served by an inadequate, combined or noncity owned service line shall be subject to payment of connection and tappingfees as provided for in this section, or otherwise approved by the city manager. The required fees for tapping and water line installation to the property line shall be as follows and shall be ..paid at the time of application. The city may demand payment in cash. (1) Tapping fee (applies to all customer connections): For all pipe sizes, the fee shall be the actual cost of materials, including the meter box, riser, and the meter, plus twenty (20) percent of the material cost for overhead. A schedule of such costs for different size lines shall be established by the department each year. The customer shall provide, subject to approval by city manager, the .meter vault for meters having inlet and outlet openings larger than two (2) inches in diameter per Standards specifications (2) Meter box and appurtenance fee: On properties (generally industrial, commercial, or multiple -family residential in use) served by private water mains and/or private water service lines, where multiple water meters are., required and the meter boxes and appurtenances are to be installed by a plumbing, mechanical, or general contractor, the meter boxes, meters, and appurtenances shall be furnished by the department and the customer shall be assessed at the actual cost of materials plus twenty (20) per cent of the material cost for overhead. The department may, at its option, provide single or double meter settings per meter box, with no adjustment to the meter box and appurtenance fee. (G) In addition to the herein -stated tapping fee, each new customer who requests and receives a water service 0 connection to a water main which was installed by the department, or at the expense of the department, shall pay a connection fee as established in the City Fee Schedule. (H) Water service lines to previously unserved properties outside the city limits shall be installed by the department upon application and payment of the tapping charge and connection fee, if applicable, but only after all requirements for water main extension and payment have been met, and an agreement concerning voluntary annexation has been executed. Section 29-70. Same—Location. (A) The location of the water service line, in relation to the water main and the property to be served, shall be determined by the department. (B) A permanent meter box shall be installed at the customer's property line in a location determined by the department. The meter box shall be installed to match the existing land surface, unless the customer submits a written description plan to the department or installs a surveyor's stake showing final surface elevation. (C) When it is impractical to install the meter box at the property line, as determined by the city manager, the water meter may be installed elsewhere on the property to be served, provided it is protected from damage or freezing and is readily accessible. Such an installation location does not change maintenance responsibility of the customer's water installation. If a meter is determined by the department to be inaccessible for reading or maintenance, the customer must make provision for its relocation or for a remote reading device as directed by the department and may be charged for costs incurred for such work. If customer landscaping or property improvements render a meter inaccessible, the customer will move such obstructions as directed to the satisfaction of the department. Regardless of its location, the customer shall be responsible for damage to the meter appurtenances, caused by the customer's negligence or failure to properly safeguard and protect such meter and appurtenances from hazards. Such customer or property owner shall be 83 responsible for labor, material', and overhead to complete the work. (D) The department reserves the right to relocate the water service line or any appurtenance thereof, at its own expense. If the customer desires relocation, or a change in elevation, of the water service line or any appurtenances thereof, .he shall make request to the department and agrees to pay cost of labor, material, and overhead to complete the work. Section 29-71. Metering. (A) Each of the following types of facilities shall comprise a metering unit and be metered individually; provided, however, that the owners of a multifamily building or multiunit commercial building shall have the option of installing a single water meter for each building; provided, however, the service, account is always maintained under the owners contracted management firm. A copy of the contract may be requested prior to establishment of the account. Exception: When in the determination of the department such metering or choice of metering option where allowed causes undue hardship in reading or maintaining the meter, the department may direct metering requirements. Apartment. Boarding or lodging house. Club; accommodating or assembly -type cooperative house. Commercial business property; separate meter required for.each business. Dormitory. Dwelling, one -family. Dwelling unit in multiple -family building. Farmstead. Hotel. Industrial or manufacturing plant. Mobile.home park. Motel or tourist court. 01 The general rule for establishing metering units for any other types of facilities not mentioned above shall be one meter for each family unit used for residential purposes and one meter for each business or industry. Exception: Owners of mobile home parks shall have the option of installing a water meter provided by the department, upon payment of a tapping fee for each installation, on each individual mobile home, provided they install a water main system within the park, which is certified by the city manager as meeting city Standard specifications and which is in accordance with Chapter 25 of the City Code, and that such water mains along with necessary easements are dedicated to the city. (B) When requesting water service, the customer may be required to furnish information as to his expected water demand. The department shall then determine the proper type and size of meter to be installed. The department reserves the right to change the meter size at any time in order to improve registry or flow. All meters having openings two (2) inches in diameter or larger shall be installed with a properly valved meter bypass as a part of the meter installation. In the event the customer's demand or use requires a change in meter size, such change may be requested and if approved, costs for meter changeout will be paid by the customer. (C) Billing statements for service furnished to multiple -family units through a single meter shall be sent only to the owner or contracted management firm for the property served. In no case will the department send individual statements to tenants of such facilities for their proportionate share of the service furnished. Section 29-72. Testing and nonregistration of water meter. (A) The department will schedule each meter to be tested and calibrated against accurate standards. If a meter shall be found inaccurate, it shall be restored to accurate condition or a new meter shall be substituted. Industry standards defined by AWWA specifications will apply to testing. M, (B)The customer has the right to request a special meter test at any time. If any test made at the customer's request discloses that the meter is registering correctly, within industry standards (5% +/-), the customer shall bear the expense of such test. The expense of all other tests shall be borne by the department. (C) Results of calibrations and tests, when requested by the customer, shall be furnished to the customer. If any meter is found to register outside industry standards, then the readings of that meter, previously taken for billing purposes, shall be corrected according to the percentage of inaccuracy found. Correction shall extend back ninety (90) days previous to the date of meter removal and the customer's bill shall be adjusted, upward or downward as the case may be, for the corrective period. (D) Should the meter become defective or fail to register correctly, the quantity of water used shall be determined by the amount used during the same period of the preceding year, or the average amount for the three-month period immediately preceding the defective registration. Section 29-73. Customer's water installation. (A) The customer's water installation shall extend from: (1) The property line, regardless of meter location. (2) The water main tap, where an unmetered fire protection or sprinkler system serves the property, or where a private water main is extended from the city water main. (B) The customer assumes all responsibility for the construction, maintenance, and any necessary relocation of the customer's water installation; he shall make every effort to this system free from leaks. Apparent leaks in the customer's water installation, whether registered on the water meter or not, shall be repaired by the customer within ten (10) days of receipt of written notice by the department. If repairs are not made, the department shall issue written notice of disconnection, and five (5) days thereafter may discontinue water service until the leak is M repaired. If the judgment of the department, an apparent leak in the customer's water installation endangers public safety, constitutes a serious nuisance, or wastes a considerable amount of water, the department may discontinue water service without previous notice to the customer. Hidden leaks in the customer's water installation shall be repaired, after discovery, under the same provisions as apparent leaks. Section 29-74. Cross -connection control. (A) BOCA National Plumbing Code. Cross -connections shall be controlled as set out in the BOCA National Plumbing Code as adopted and amended by the City of Cape Girardeau. (B) Cross -connections prohibited. (1) No water service connection shall be installed or maintained to any premises where actual or potential cross -connections to the public potable or customer's water system may exist unless such actual or potential cross -connections are abated or controlled to the satisfaction of the department and as required by the laws and regulations of the Missouri Department of Natural Resources. (2) No connection shall be installed or maintained whereby an auxiliary water supply may enter a public potable or customer's water system unless such auxiliary water supply and the method of connection and use of such supply shall have been approved by the department and the Missouri Department of Natural Resources. (3) No water service connection shall be installed or maintained to any premises in which the plumbing system, facilities, and fixtures have not been constructed and installed using acceptable plumbing practices considered by the city as necessary for the protection of health and safety. (C) Cross connection control device testing, surveys and investigations. 87 (1) The owner of a cross connection control device shall test and report results as required under Missouri DNR laws and regulations. The department will monitor testing in compliance with applicable laws. (2) The customer's premises shall be open at all reasonable times to the city manager for the conduction of surveys and investigations of water use practices within the customer's premises to determine whether there are actual or potential cross connections to the customer water system through which contaminants or pollutants could backflow into the public potable water system. (3) On request of the city manager, the customer shall furnish information on water use practices within his premises. (4) It shall be the responsibility of the water customer to conduct periodic surveys of water use practices on his premises to determine whether there are actual or potential cross connections to his water system through which contaminants or pollutants could backflow into his or the public potable water system. Section 29-75. Fire Hydrants, regulations for use. (A) Fire hydrant—Use procedures. Fire hydrants shall be operated only by the fire department, public works department or its designees or those persons granted temporary authority to operate hydrants by the city in accordance with hydrant regulations. The operation of a city hydrant by any unauthorized person shall result in impoundment of hoses, wrenches, and nozzles used in the hydrant operation and shall be subject to prosecution by the city. Water may be obtained from hydrants upon the obtainment of a permit from the city and is subject to the following conditions: (1) Written requests for usage shall be filed with the city at least twenty-four (24) hours in advance of the proposed usage. The request shall state: M l (B) (a) Name of user. (b) Dates of usages. (c) Location of hydrant. (d) Purpose of water use. The city reserves the ,right to deny any request for any reason believed necessary to protect the interests of the city. (2) Upon approval by the city and the payment of all applicable fees and deposits, the city will install a hydrant assembly for the express purpose of controlling, measuring the water used from fire hydrants and preventing backflow into the system. The user shall see the assembly is used and working during fire hydrant operations. The user may not change location of the assembly to any other hydrant. The department will remove and reinstall the assembly in accordance with the above provisions. (3) The city will record beginning and ending meter readings for the user. All hydrant meters will be read at least once per month and all bills for hydrant usage are due upon receipt. Nonpayment of bills will result in termination of service and jeopardizes deposit refund. (4) The water user shall provide all equipment necessary for hydrant water use except the assembly and shall provide hoses or other equipment required. The user shall be totally responsible for any damages done. Fire hydrant—Use charges. (1) The charges for usage of water from hydrants shall be established in the City Fee Schedule established by city manager. (2) Following turn off of the fire hydrant and payment of all applicable charges, and upon inspection of the fire hydrant and meter, and finding them in good condition, remainder of deposit will be returned. E:i] Section 29-76. Sprinkler system uses.' (A) Fire protection sprinkler systems,. irrigation sprinkler systems and similar systems are subject to regular and ordinary water use regulations as identified in this article. Both fire protection and irrigation sprinkler systems shall be subject to all backflow prevention requirements set forth by the city and the Missouri Department of Natural Resources. Those systems not in compliance with said requirements shall be .subject to disconnection, with no liability incurred by any other entity or person; all liability is assumed by the customer and/or user. (B) All water .mains laid on or within private property for the sole purpose of providing fire protection through fire hydrants or sprinkler systems, are subject to installation of a detector check valve with bypass compound meter, sized as approved by the city. The detector check valve and meter if required, shall be housed in an underground vault, with size and design to be approved by the city. Water use, registered throughthe meter shall be billed to the customer in accordance with fire protection service rates as established by ordinance. (C) The customer and/or water user shall promptly report to the city any fires that occur requiring water usage through the fire protection line, and the city will reset the detector check 'valve at no cost to the customer. In the event routine checks of the detector check valve show that the valve is open and no fire has been reported, the customer shall be subject to a fine up to five hundred dollars ($500.00) for each offense and further water service.shall be provided only through totally metered lines, with all costs of metering to be borne by the water user. DIVISION IV: USE OF Section 29-77. Water conservation plan (A) Voluntary curtailment or restrictions. During times of drought, disasters or other conditions that may or would create a water shortage problem, the city manager, inthe best interest of the citizens of Cape Girardeau and the ! r, water system, shall request city water customers to voluntary curtail water use. Such requests may be, but are not limited to: Voluntary curtailment or restrictions of lawn watering; car washing; filling or refilling of swimming pools; washing of driveways, parking areas and other paved areas; commercial and industrial users to reduce water usage by twenty-five (25) percent and other nonessential uses. (B) Mandatory curtailment or restrictions. If a disaster occurs, severe conditions exist, and/or voluntary water curtailment or restrictions are requested and demands on the water system continue to indicate that the threat of a water shortage will continue or occur, the city or its agents shall immediately implement any parts of the below conservation plan and/or any other action deemed necessary to reduce or curtail water use: Mandatory Conservation Plan (1) Mandatory restriction of lawn watering: Even numbered addresses water on even numbered days of the month, odd numbered addresses water on odd numbered days. (2) Mandatory ban on all lawn watering, watering of gardens, plants and trees is prohibited except from a hand-held container. (3) Mandatory ban on washing sidewalks, driveways, parking areas, patios and other paved areas. (4) Mandatory ban on the filling or refilling of swimming pools, and/or washing of cars, other motor vehicles, trailers or boats. (5) Mandatory ban on water uses from fire hydrants except for fighting fires, flushing mains to alleviate specific complaints and testing or sampling water. (6) Commercial and industrial users shall reduce water usage by twenty-five (25) per cent. 91 (C) Any violation of mandatory water curtailment or restricted activities may result in service disconnection and/or shut off until the emergency or disaster is past. Section 29-78. Boil water order. In the event of any emergency whereby any potential contamination of the system may occur, or as stipulated by regulations of the state Department of Natural Resources, the city manager may issue a "boil water" order to safeguard the general welfare of the system users. 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 , 20 ATTEST: Gayle L. Conrad City Clerk 92 Harry E. Rediger, Mayor Interim Development Services Director SUBJECT Adopt revised City of Cape Girardeau Ordinance, Chapter 25, Development Code, Section 25-114 "Fees." EXECUTIVE SUMMARY The purpose of this amendment is to make this section of the ordinance consistent with the wording with the rest on the Chapter 25, Development Code. BACKGROUNDMIS CUSSION The goal of the Development Code is to ensure quality development in the City of Cape Girardeau, as well as protect the public health, safety and welfare. The goal of the revised wording in Section 25-114 "Fee" is to be consistent with the terminology used through out the Chapter: "Development Code". STAFF RECOMMENDATION Staff recommends that the Council adopt the proposed ordinance that will revise the wording of Section 25-114 of the City Ordinances. Currently:... The amount of the fees charged shall be established by the Permit Fee Schedule, as amended. Proposed:... The amount of the fees charged shall be established by the City Fee Schedule, as amended. ATTACHMENTS • BILL NO. 11-120, Ordinance amending Development Code BILL NO. 11-120 NO. AN ORDINANCE AMENDING SECTION 25-114 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI REGARDING FEES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. Section 25-114 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "FEES", reading as follows: Sec. 25-114. Fees. Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for any permits, variances or subdivision fees required in this Chapter. The amount of the fees charged shall be established by the Permit Fee Schedule, as amended. and a new Section 25-114, relating to "Fees", is hereby enacted in lieu, in words and figures, to read as follows: Sec. 25-114. Fees. Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for any permits, variances or subdivision fees required in this Chapter. The amount of the fees charged shall be established by the City Fee Schedule, as amended. 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 2011. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 2 SUBJECT An Ordinance Amending Section 5-12(b) of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Intoxicating Liquor and Possession of Intoxicating Liquor by a Minor EXECUTIVE SUMMARY This Ordinance is to correct the omission of language in Section 5-12(b) of the City Code relating to using evidence of consumption to prove the offense of possession of intoxicating liquor by a minor. BACKGROUNDID ISCUSSION On February 1, 2010, the City Council adopted Ordinance Number 4098 to include language in Section 5-12(b) of the City Code relating to using evidence of consumption to prove the offense of possession of intoxicating liquor by a minor. That change was approved in order to make that Code provision consistent with the corresponding Missouri State Statute. Shortly thereafter, on March 2, 2010, the City Council adopted Ordinance Number 4105 to amend several sections of Chapter 5 of the City Code — including Section 5-12(b) — to remove provisions relating to non -intoxicating liquor. That change was also approved to make Chapter 5 consistent with amendments to the State Statute. However, since the changes made in Ordinance Number 4098 had not yet been codified, they were inadvertently omitted from Ordinance Number 4105. The proposed Ordinance on your Agenda this evening is for the purpose of correcting that omission, and to re -include the language previously approved by the Council relating to proof of possession by consumption. STAFF RECOMMENDATION Staff recommends that the City Council approve this proposed Ordinance in order to correct the omission of language in Section 5-12(b) of the City Code relating to using evidence of consumption to prove the offense of possession of intoxicating liquor by a minor. ATTACHMENTS 0 BILL NO. 11-121, Ordinance Amending Section 5-12(b) of the City Code Bill No. 11-121 Ordinance No. AN ORDINANCE AMENDING SECTION 5-12(b) OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING INTOXICATING LIQUOR AND POSSESSION OF INTOXICATING LIQUOR BY A MINOR BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 5-12(b) of the Code of Ordinances of the City of Cape Girardeau, Missouri, is_`hereby_repealed in_ i'ts entirety, and a new Section 5-12(b) is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 5-12. Prohibited acts committed by and involving minors; presumption for sealed containers; exceptions. (b) Purchase or possession of intoxicating liquor. Any person under the age of twenty-one years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in this Section, or who is visibly in an intoxicated condition, or has a detectable blood alcohol content of more than two -hundredths of one percent or more by weight of alcohol in such person's blood is guilty of a violation of this Section. In prosecutions pursuant to this Chapter, the municipal court will presume that the contents of a manufacturer sealed container describing that there is intoxicating liquor therein, does contain the listed contents. This presumption may be rebutted by the defendant by the presentation of good and sufficient evidence to the contrary. 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 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk Agenda:. August 1, 2011 Staff: Kelly Green, Interim Director of Development Services . SUBJECT Ordinance to amend Ward Boundaries in response to the 2010 Census Information. EXECUTIVE SUMMARY This ordinance would amend ward boundaries in response to the 2010 Census information. BACKGROUNDMISCUSSION Most of the decennial population increase occurred in Wards 3, 4 and 6; therefore it will be necessary to shift population from these wards into Wards 2 and 5 in order to maintain relatively equal ward populations.. Ward 1 remained stable during this time period and staff does not recommend any changes to Ward 1. The staff utilized 2010 Census Bureau maps showing the population by census block to compile the necessary data. The primary goal of redistricting is to achieve one person — one vote in each ward. However there are other considerations, including: 1. Population equity 2. Compact districts of contiguous territory 3. Retention of neighborhood boundaries 4. Retention of precinct boundaries 5. Retention of other community interests 6. Retain historic boundaries 7. Consideration of incumbency Staff has proposed ward boundary changes, which were the subject a public hearing at the July 18`h meeting. The target population in each ward is 6,353.5 persons. The wards must be within 10% of that target. The proposed ward boundaries achieve a variance of up to 1.05% in any one ward and a variance of 2.1% between the largest and the smallest ward. A total of 879 citizens or 2.3% will be impacted by a change in their ward boundary. Ward 2010 Percent Number Population Variation 1 6,372 +0.8% 2 6,297 -0.4% 3 6,273 -0.8% 4 6,352 +0.5% 5 6,257 - 1.0% 6 6,390 +1.1% This ordinance would..adopt. the: proposed" ward boundary changes. The adoption of the .new ward boundaries at this time will allow the"County .Clerk to update voting records; citizens to consider their desire to run for -office;. and`existing Couricil members to work with citizens who have been added to their ward. The period for filing petitions for Council candidates will open October 25th and close on November 22nd. If any primary election is necessary, it will be held on February 7, 2012. The general election will be held April 3, 2012. STAFF RECOMMENDATION Staff recommends that the Council approve first reading of the Ordinance to amend ward boundaries. - ATTACHMENTS • Proposed Ward Boundary Map ., • Ward Population Changes • Ward Boundary Changes • Bill No. 11-122, Ordinance to Amend Ward Boundaries l ' N PEOPLE FROM WARD ;� LEXW GTO- LONGVIEW, LLSA 6 MMpMi - � \ ` ��.—. � �,� � • i' � rs�[ sir _ , 5 I Iia PEOPLE FROM WARD) TO WARD Aj E ARFW MONY. WEST HARMONY END, WRLNM 8 MEMDERSON l A PEOPLE FROM WARD 6 TO WARDS_ 1 ` 1.: 15 PEOPLE FROM WARD 6 TO WARDS REA BEWTEEN: F' m EIBETWEEN: ANCY, A. I.T. 88LOOMFIF1O Rp, N - '� - I t JEFFERSON. NENDER50N,WE5T `f §ice � UTNERH E%PNAYt MINNESOTAA y RM -Y: F k 5M NM5PrOL I r „yytil 4k+�`TNd' i.� `l +LT'v �7r3�v 5 a ,X/ _ CRY OF CAPE GIRAROEA( ' GIS PROGRAM -1412011 CITY OF CAPE GIRARDEAU- WARDS CHANGES 2010 Target population per district: 6,323 & '1 Total.....................................6,372 No change Over Target .............................. 49 Percentage Variation ................... 0.77% 1 •'� Total .................................. 6,297 Added from ward 3.... 390 Added from ward 6.... 215 Under Target ........................ 26 Percentage Variation ............... . 0.41% RTATR' Total .................................. 6,273 Moved to ward 2....... 390 Under Target ........................ 50 Percentage Variation ............... 0.79% Total .................................. 6,352 Moved to ward 5..... 251 Over Target ........................ 29 Percentage Variation .............. 0.45% Total................................ 6_,257 Added from ward 4...... 251 Added from ward 6...... 23 Under Target ...................... 66 Percentage Variation ............. 1.04% Total .................................. 6,390 Moved to ward 2...... 215 Moved to ward 5...... 23 Over Target ......................... 67 Percentage Variation ............... 1.05% TOTAL POPULATION: 37,941 BILL NO. 11-122 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1-14 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING WARD BOUNDARIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 1-14 of the Code of Ordinances of the City of Cape Girardeau, Missouri, ®, and a new Section 1-14 is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 1-14. Ward boundaries. (a) Ward 1. Beginning at the point of 1099782.4 ft and 542019.5 ft, thence in a northeasterly direction at the heading of 6 degrees, 57 minutes, 32.78 seconds the distance of 1850.432 ft; thence in a southeasterly direction at the heading of 83 degrees, 3 minutes, 50.52 seconds the distance of 808.215 ft, thence in a northeasterly direction at the heading of 6 degrees, 45 minutes, 54.04 seconds the distance of 248.732 ft, thence in a northeasterly direction at the heading of 7 degrees, 1 minute, 55.80 seconds the distance of 413.309 ft, thence in a northeasterly direction at the heading of 7 degrees, 0 minutes, 7.22 seconds the distance of 947.466, thence in a southeasterly direction at the heading of 83 degrees, 23 minutes, 24.76 seconds the distance of 2044.187 ft, thence in a northwesterly direction at the heading of 2 degrees, 32 minutes, 0.81 seconds the distance of 11.311 ft, thence in a northwesterly direction at the heading of 13 degrees, 48 minutes, 44.05 seconds the distance of 14.5 ft, 1 thence in a northwesterly direction at the heading of 19 degrees, 12.minutes, 28.43 seconds the. distance of 13.454 ft, thence in a northwesterly direction at the heading of 34 degrees, 5 minutes, 54.90 seconds the distance of 26.803 ft, thence in a northwesterly direction at the heading of 37 degrees, 18 minutes, 53.39 seconds the distance of 25.881 ft, thence in a northwesterly direction at the heading of 38 degrees, 21 minutes, 12.10 seconds the distance of .. 141.896 ft; thence in a northwesterly direction at the heading of. 36 degrees, 52 minutes, 23.60 seconds the distance of 41.577 ft, thence in a northwesterly direction at the heading of 35 degrees, 16 minutes, 59.93 seconds the distance of 41.896 ft, thence in a northwesterly direction at the heading of 23 degrees, 46 minutes, 34.04 seconds the distance of 26.777 ft, thence in a northwesterly direction at the heading of 21 degrees, 7 minutes, 12.34 seconds the distance of 33.871 ft, thence in a northwesterly direction at the heading of 14 degrees, 12 minutes, 40.29 seconds the distance of 15.886 ft, thence in a northwesterly direction at the heading of 9 degrees, 48 minutes, 48.66 seconds the distance of 18.775 ft, thence in a northwesterly direction at the heading of 5 degrees, 31 minutes, 14.64 seconds the distance of 54.051 ft, thence in a northwesterly direction at the heading of 1 degree, 48 minutes, 41.82 seconds the distance of 1508.854 ft, thence in a northwesterly direction at the heading of 2 degrees, 12 minutes, 43.83 seconds the distance of 60.81 ft, thence in a northwesterly direction at the heading of 7 degrees, 33 minutes, 16.64 seconds the distance of 64.293 ft, thence in a northwesterly direction at the heading of 18 degrees, 1 minutes, 42.97 seconds the distance of. 22.295 ft, 2 thence in a northwesterly direction at the heading of 33 degrees, 17 minutes, 36.83 seconds the distance of 16.031 ft, thence in a northwesterly direction at the heading of 46 degrees, 27 minutes, 0.78 seconds the distance of 22.352 ft, thence in a northwesterly direction at the heading of 55 degrees, 27 minutes, 22.50 seconds the distance of 16.754 ft, thence in a northwesterly direction at the heading of 59 degrees, 59 minutes, 42.29 seconds the distance of 16.398 ft, thence in a northwesterly direction at the heading of 74 degrees, 30 minutes, 9.92 seconds the distance of 22.83 ft, thence in a northwesterly direction at the heading of 87 degrees, 54 minutes, 28.56 seconds the distance of 21.915 ft, thence in a southwesterly direction at the heading of 87 degrees, 4 minutes, 16.11 seconds the distance of 21.528 ft, thence in a southwesterly direction at the heading of 81 degrees, 56 minutes, 35.40 seconds the distance of 22.118 ft, thence in a southwesterly direction at the heading of 76 degrees, 41 minutes, 56.75 seconds the distance of 130.398 ft, thence in a southwesterly direction at the heading of 76 degrees, 49 minutes, 59.37 seconds the distance of 62.339 ft, thence in a southwesterly direction at the heading of 78 degrees, 19 minutes, 57.40 seconds the distance of 44.009 ft, thence in a southwesterly direction at the heading of 81 degrees, 14 minutes, 34.68 seconds the distance of 40.067 ft, thence in a southwesterly direction at the heading of 80 degrees, 43 minutes, 20.58 seconds the distance of 33.058 ft, thence in a southwesterly direction at the heading of 90 degrees, 0 minutes, 0 seconds the distance of 42.992 ft, thence in a northwesterly direction at the heading of 82 degrees, 52 minutes, 29.81 seconds the distance of 49.516 ft, 3 thence in a northwesterly direction at the heading of 69 degrees, 38 minutes, 36.61 seconds the distance of 65.314 ft, thence in a northwesterly direction at the heading of 67 degrees, 3 minutes, 15.19 seconds the distance of 256.583 ft, thence in a northwesterly direction at the heading of 66 degrees, 12 minutes, 41.98 seconds the distance of 51.361 ft, thence in a northwesterly direction at the heading of 60 degrees, 25 minutes, 20.25 seconds the distance of 42.378 ft, thence .in a northwesterly direction at the heading of 51 degrees, 33 minutes, 33.43 seconds the distance of. 306.9 ft, thence in a northwesterly direction at the heading. of 49 degrees, 47 minutes, 4.01 seconds the distance of 94.799 ft, thence in a northwesterly direction at the heading of 48 degrees, 48 minutes, 27.06 seconds the distance of 54.497 ft, thence in a northwesterly direction at the heading of 37 degrees, 50 minutes, 13.03 seconds the distance of 40.319 ft, thence in a northwesterly direction at the heading of 23 degrees, 11 minutes, 55.61 seconds the distance of 30.344 ft, thence in a northwesterly direction at the heading of 14 degrees, 49 minutes, 34.26 seconds the distance of 35.033 ft, thence in a northwesterly direction at the heading of 1 degree, 58 minutes, 23.96 seconds the distance of 385.21 ft, thence in a northeasterly direction at the heading of 0 degrees, 13 minutes, 52.29 seconds the distance of 350.621 ft, thence in a northwesterly direction at. the heading of 0 degrees, 8 minutes, 50.52 seconds the distance of 777.603 ft, thence in a northwesterly direction at the heading of 0 degrees, 17 minutes, 53.18 seconds the distance of 556.977 ft, thence following the northern boundaries of the city limits of the City of Cape Girardeau as of July 19, 2011, 51 thence following the eastern boundaries of the city limits of the City of Cape Girardeau as of July 19, 2011, thence from the point located at 1107292.57 ft and 538623.43 ft, thence in a northwesterly direction at the heading of 84 degrees, 17 minutes, 4.57 seconds the distance of 1431.127 ft, thence in a northwesterly direction at the heading of 83 degrees, 48 minutes, 33.34 seconds the distance of 334.303ft, thence in a northwesterly direction at the heading of 87 degrees, 37 minutes, 27.76 seconds the distance of 61.499 ft, thence in a southwesterly direction at the heading of 86 degrees, 4 minutes, 38.23 seconds the distance of 35.082 ft, thence in a southwesterly direction at the heading of 78 degrees, 43 minutes, 18.08 seconds the distance of 71.072 ft, thence in a southwesterly direction at the heading of 74 degrees, 31 minutes, 48.09 seconds the distance of 254.936 ft, thence in a southwesterly direction at the heading of 79 degrees, 8 minutes, 40.27 seconds the distance of 85.814 ft, thence in a northwesterly direction at the heading of 86 degrees, 56 minutes, 35.34 seconds the distance of 64.914 ft, thence in a northwesterly direction at the heading of 83 degrees, 31 minutes, 17.30 seconds the distance of 265.449 ft, thence in a northwesterly direction at the heading of 83 degrees, 49 minutes, 32.58 seconds the distance of 1311.91 ft, thence in a northeasterly direction at the heading of 5 degrees, 45 minutes, 35.09 seconds the distance of 683.098 ft, thence in a northwesterly direction at the heading of 83 degrees, 51 minutes, 33.38 seconds the distance of 846.96 ft, thence in a southwesterly direction at the heading of 78 degrees, 43 minutes, 53.39 seconds the distance of 27.123 ft, 5 thence in a northwesterly direction at the heading of 83 degrees, 29 minutes, 34.89 seconds the distance of 1107.891 ft, thence in a northeasterly direction at the heading.of 6 degrees, 26 minutes, 35.53 seconds the distance of 1603.126 ft, thence in a northeasterly direction at the heading of 6 degrees, 0 minutes, 55.51 seconds the distance of 327.302 ft, thence in a northeasterly direction at the heading of 2 degrees, 8 minutes, 19.26 seconds the distance of 24.117 ft, thence in a northwesterly direction at the heading of 4 degrees, 39 minutes, 5.81 seconds the distance of 38.226 ft, thence in a northwesterly direction at the heading of 15 degrees, 33 minutes, 16.46 seconds the distance of 30.206 ft, thence in a northwesterly direction at the heading of 30 degrees, 41 minutes, 12.12 seconds the distance of 35.466 ft, thence in a northwesterly direction at the heading of 83 degrees, 43 minutes, 44.12 seconds the distance of 1922.504 ft, being the point of beginning of the Ward herein described. (b) Ward 2. Beginning at the point of 1102000.70 ft and 538104.5 ft; thence in a southeasterly direction at the heading of 46 degrees, 26 minutes, 57.30 seconds the distance of 106.241 ft; thence in a southeasterly direction at the heading of 53 degrees, 47 minutes, 54.85 seconds the distance of 41.143 ft; thence in a southeasterly direction at the heading of 59 degrees, 18 minutes, 16.13 seconds the distance of . 15.301 ft; thence in a southeasterly direction at the heading of 68 degrees, 29 minutes, 36.92 seconds the distance of 32.46 ft; thence in a southeasterly direction at the heading of 77 degrees, 57 minutes, 59.71 seconds the distance of 15.301 ft; 5 thence in a southeasterly direction at the heading of 81 degrees, 52 minutes, 51.50 seconds the distance of 219.50 ft; thence in a northeasterly direction at the heading of 5 degrees, 59 minutes, 4.33 seconds the distance of 110.301 ft; thence in a northeasterly direction at the heading of 9 degrees, 55 minutes, 7.14 seconds the distance of 37.155 ft; thence in a northeasterly direction at the heading of 6 degrees, 2 minutes, 41.62 seconds the distance of 334.259 ft; thence in a northeasterly direction at the heading of 4 degrees, 42 minutes, 2.69 seconds the distance of 37.827 ft; thence in a northeasterly direction at the heading of 6 degrees, 6 minutes, 57.22 seconds the distance of 521.87 ft; thence in a northeasterly direction at the heading of 6 degrees, 22 minutes, 43.22 seconds the distance of 674.174 ft; thence in a northeasterly direction at the heading of 78 degrees, 43 minutes, 53.39 seconds the distance of 27.123 ft; thence in a southeasterly direction at the heading of 83 degrees, 51 minutes, 33.38 seconds the distance of 846.96 ft; thence in a southwesterly direction at the heading of 5 degrees, 46 minutes, 11.38 seconds the distance of 683.362 ft; thence in a southeasterly direction at the heading of 83 degrees, 47 minutes, 2.94 seconds the distance of 1577.474 ft; thence in a southeasterly direction at the heading of 86 degrees, 42 minutes, 53.01 seconds the distance of 64.782 ft; thence in a northeasterly direction at the heading of 78 degrees, 59 minutes, 55.47 seconds the distance of 86.005 ft; thence in a northeasterly direction at the heading of 74 degrees, 31 minutes, 48.09 seconds the distance of 254.936 ft; thence in a northeasterly direction at the heading of 78 degrees, 43 minutes, 18.08 seconds the distance of 71.072 ft; 7 thence in a northeasterly direction at the heading of 86 degrees, 4 minutes, 38.23 seconds the distance of 35.082 ft; thence in a. southeasterly direction at the heading of 87 degrees, 23 minutes, 4.99 seconds the distance of 61.364 ft; thence in a southeasterly direction at the heading of 83 degrees, 51 minutes, 16.86 seconds the distance of 334.422 ft; thence in a southeasterly direction at the heading of 84 degrees, 17 minutes, 4.57 seconds the distance of 1431.127 ft; thence following the eastern city limits of the City of Cape Girardeau as of July 19, 2011, thence following the southern city limits of the City of Cape Girardeau as of July 19, 2011, thence from the point located at 1092350.64 ft and 520370.17 ft thence in a northwesterly direction at the heading of 1 degrees, 0 minutes, 44.03 seconds the distance of 449.504 ft; thence in a northeasterly direction at the heading of 2 degrees, 38 minutes, 39.97 seconds the distance of 93.199 ft; thence in a northwesterly direction at the heading of 1 degrees, 58 minutes, 15.38 seconds the distance of 49.429 ft; thence in a northwesterly direction at the heading of 6 degrees, 4 minutes, 38.39 seconds the distance of 74.619 ft; thence in a northeasterly direction at the heading of 0 degrees, 18 minutes, 17.14 seconds the distance of 75.201 ft; thence in a northeasterly direction at the heading of 3 degrees, 3 minutes, 19.72 seconds the distance of 176.351 ft; thence in a northeasterly direction at the heading -of 5 degrees, 54 minutes; 36.68 seconds the distance of 145.674 ft; thence in a northeasterly direction at the heading of 8 degrees, 55 minutes, 5.42 seconds the distance of 136.753 ft; thence in a northeasterly direction at the heading of 11 degrees, 51 minutes, 27.01 seconds the distance of 123.127 ft; E thence in a northeasterly direction at the heading of 12 degrees, 43 minutes, 27.97 seconds the distance of 2233.247 ft; thence in a northwesterly direction at the heading of 6 degrees, 0 minutes, 57.57 seconds the distance of 128.809 ft; thence in a northwesterly direction at the heading of 19 degrees, 6 minutes, 51.13 seconds the distance of 130.706 ft; thence in a northwesterly direction at the heading of 35 degrees, 11 minutes, 11.34 seconds the distance of 53.103 ft; thence in a northeasterly direction at the heading of 29 degrees, 43 minutes, 51.22 seconds the distance of 203.256 ft; thence in a northeasterly direction at the heading of 27 degrees, 33 minutes, 7.00 seconds the distance of 254.458 ft; thence in a northeasterly direction at the heading of 24 degrees, 14 minutes, 59.30 seconds the distance of 390.781 ft; thence in a northeasterly direction at the heading of 22 degrees, 1 minutes, 43.11 seconds the distance of 416.722 ft; thence in a northeasterly direction at the heading of 21 degrees, 54 minutes, 11.84 seconds the distance of 2454.153 ft; thence in a northeasterly direction at the heading of 21 degrees, 41 minutes, 40.98 seconds the distance of 727.964 ft; thence in a southeasterly direction at the heading of 70 degrees, 20 minutes, 14.90 seconds the distance of 177.128 ft; thence in a southeasterly direction at the heading of 80 degrees, 3 minutes, 40.84 seconds the distance of 90.965 ft; thence in a northeasterly direction at the heading of 89 degrees, 46 minutes, 14.12 seconds the distance of 99.901 ft; thence in a northeasterly direction at the heading of 82 degrees, 4 minutes, 32.45 seconds the distance of 55.126 ft; thence in a northeasterly direction at the heading of 77 degrees, 31 minutes, 6.82 seconds the distance of 3293.027 ft; W thence in a northwesterly direction at the heading. of 12 degrees, 25 minutes, 49.20 seconds the distance of 436.703 ft; thence in a northwesterly direction at the heading of 3 degrees, 38 minutes, 23.99 seconds the distance of 125.988 ft; . thence in a northeasterly direction at the heading of 10 degrees, 17 minutes, 25.14 seconds the distance of. 105.802 ft; thence in a northeasterly direction at the heading of 25 degrees, 22 minutes, 4.25 seconds the distance of . 100.60 ft; thence in a northeasterly direction at the heading of 35 degrees, 18 minutes, 31.84 seconds the distance of 328.902 ft; thence in anortheasterly direction at the heading of; 24 degrees, 38 minutes, 4.07 seconds the distance of 119.474 ft; thence in a northeasterly direction at the heading of 13 degrees, 54 minutes, 13.87 seconds the distance of 94.468 ft; thence in a northeasterly direction at the heading of 5 degrees, 10 minutes, 15.13 seconds the distance of 1122.87 ft; thence in a northeasterly direction at the heading of 11 degrees, 34 minutes, 52.59 seconds the distance of 70.403 ft; thence in a northeasterly direction at the heading of 11 degrees, 53 minutes, 38.13 seconds the distance of 431.13 ft; thence in a northeasterly direction at the heading of 6 degrees, 30 minutes, 23.50 seconds the distance of 1271.747 ft; thence in a northeasterly direction at the heading of 5 degrees, 51 minutes, 51.46 seconds the distance of 582.348 ft; thence in a northeasterly direction at the heading of 6 degrees, 21 minutes, 55.20 seconds the distance of 251.651 ft; thence in a northeasterly direction at the heading of 6 degrees, 12 minutes, 15.60 seconds the distance of 279.437 ft; thence in a southeasterly direction at the heading of 85 degrees, 41 minutes, 9.62 seconds the distance of 29.75 ft; 10 thence in a southeasterly direction at the heading of 83 degrees, 10 minutes, 15.06 seconds the distance of 448.94 ft; thence in a northeasterly direction at the heading of 7 degrees, 7 minutes, 9.63 seconds the distance of 59.999 ft; thence in a northeasterly direction at the heading of 7 degrees, 7 minutes, 12.54 seconds the distance of 573.658 ft; thence in a northwesterly direction at the heading of 38 degrees, 58 minutes, 47.15 seconds the distance of 45.026 ft; thence in a northeasterly direction at the heading of 7 degrees, 31 minutes, 0.78 seconds the distance of 447.95 ft; thence in a northeasterly direction at the heading of 18 degrees, 59 minutes, 47.95 seconds the distance of 32.257 ft; thence in a northeasterly direction at the heading of 38 degrees, 1 minutes, 30.25 seconds the distance of 26.785 ft; thence in a northeasterly direction at the heading of 33 degrees, 20 minutes, 12.14 seconds the distance of 31.48 ft; thence in a northeasterly direction at the heading of 20 degrees, 38 minutes, 41.75 seconds the distance of 37.722 ft; thence in a northeasterly direction at the heading of 13 degrees, 53 minutes, 39.29 seconds the distance of 19.573 ft; thence in a northeasterly direction at the heading of 10 degrees, 10 minutes, 31.84 seconds the distance of 43.586 ft; thence in a northeasterly direction at the heading of 6 degrees, 26 minutes, 46.38 seconds the distance of 59.667 ft; thence in a southeasterly direction at the heading of 83 degrees, 13 minutes, 23.96 seconds the distance of 385.594 ft; thence in a northeasterly direction at the heading of 6 degrees, 16 minutes, 53.38 seconds the distance of 366.50 ft; thence in a northwesterly direction at the heading of 83 degrees, 53 minutes, 17.66 seconds the distance of 434.872 ft; 11 thence in a northeasterly.direction at the heading of 6 degrees, 11 minutes, 46.23 seconds the distance .of 408.587 ft; thence in a southeasterly direction at the heading of 83 degrees, 56 minutes, 28.44 seconds the distance of 433.924 ft; thence in a southeasterly direction at the heading of 84 degrees, 30 minutes, 26.73 seconds the distance of 436.705 ft; thence in a northeasterly direction at the heading of 2 degrees, 55 minutes, 17.49 seconds the distance of 72.594 ft; thence in a northeasterly direction at the heading of 6 degrees, 28 minutes, 56.55 seconds the distance of 556.256 ft; thence in a northeasterly direction at the heading of 5 degrees, 35 minutes, 18.27 seconds the distance of 531.928 ft; thence in a northeasterly direction at the heading of 6 degrees, 37 minutes, 0.71 seconds the distance of 363.622 ft; thence in a northeasterly direction at the heading of 6 degrees, 10 minutes, 42.29 seconds the distance of 336.354 ft; thence in a northeasterly direction at the heading of. 6 degrees, 19 minutes, 20.56 seconds the distance of 319.644 ft; thence in a southeasterly direction at the heading of 83 degrees, 21 minutes, 37.91 seconds the distance of 323.469 ft; thence in a northeasterly direction at the heading of 82 degrees, 55 minutes, 35.26 seconds the distance of 13.805 ft; thence in a northeasterly direction at the heading of 87 degrees, 54 minutes, 35.43 seconds the distance of. 13.709 ft; thence in a southeasterly direction at the heading of 83 degrees, 18 minutes, 33.52 seconds the distance of 332.162 ft; thence in a northeasterly direction at the heading of 88 degrees, 49 minutes, 2.84 seconds the distance of. 43.609 ft; thence in a southeasterly direction at the heading of 83 degrees, 15 minutes, 46.33 seconds the distance of 600.95 ft; 12 thence in a southeasterly direction at the heading of 89 degrees, 15 minutes, 3.88 seconds the distance of 15.301 ft; thence in a northeasterly direction at the heading of 74 degrees, 46 minutes, 49.93 seconds the distance of 14.094 ft; thence in a northeasterly direction at the heading of 60 degrees, 1 minutes, 59.73 seconds the distance of 12.813 ft; thence being the point of beginning of the Ward herein described. (c) Ward 3. Beginning at the point of 1102608.5 ft and 539643.9 ft; thence in a southwesterly direction at the heading of 6 degrees, 22 minutes, 43.22 seconds the distance of 674.174 ft; thence in a southwesterly direction at the heading of 6 degrees, 6 minutes, 57.22 seconds the distance of 521.84 ft; thence in a southwesterly direction at the heading of 4 degrees, 42 minutes, 2.69 seconds the distance of 37.827 ft; thence in.a southwesterly direction at the heading of 6 degrees, 2 minutes, 41.62 seconds the distance of 334.259 ft; thence in a southwesterly direction at the heading of 9 degrees, 55 minutes, 7.14 seconds the distance of 37.155 ft; thence in a southwesterly direction at the heading of 5 degrees, 59 minutes, 4.33 seconds the distance of 110.301 ft; thence in a northwesterly direction at the heading of 81 degrees, 52 minutes, 51.50 seconds the distance of 219.50 ft; thence in a northwesterly direction at the heading of 77 degrees, 57 minutes, 59.71 seconds the distance of 32.617 ft; thence in a northwesterly direction at the heading of 68 degrees, 29 minutes, 36.92 seconds the distance of 32.46 ft; thence in a northwesterly direction at the heading of 59 degrees, 18 minutes, 16.13 seconds the distance of 37.827 ft; 13 thence in a northwesterly direction at the heading of 53 degrees, 47 minutes, 54.85 seconds the distance of 41.143 ft; thence in a northwesterly direction at the heading of 46 degrees, 26 minutes, 57.30 seconds the distance of 106.241 ft; thence in a southwesterly.direction at the heading of 60 degrees, 1 minutes, 59.73 seconds the distance of 12.81. ft; thence in a southwesterly direction at the heading'of 74 degrees, 46 minutes, 49.93 seconds the distance of 14.094 ft; thence in a northwesterly direction at the heading of 89 degrees, 15 minutes, 3.88 seconds the distance of 15.301 ft; thence in a northwesterly direction at the heading of 83 degrees, 9 minutes, 19.91 seconds the distance of 268.514 ft; thence in a northwesterly direction at the heading of 83 degrees, 20 minutes, 58.45 seconds the distance of 332.437 ft; thence in a southwesterly direction at the heading of 88 degrees, 49 minutes, 2.84 seconds the distance of 43.609 ft; thence in a northwesterly direction at the heading of 83 degrees, 18 minutes, 33.52 seconds the distance of 332.162 ft; thence in a northwesterly direction at the heading of 87 degrees, 54 minutes, 35.43 seconds the distance of 13.709 ft; thence in a southwesterly direction at the heading of 82 degrees, 55 minutes, 35.26 seconds the distance of 13.805 ft; thence in a northwesterly direction at the heading of 83 degrees, 21 minutes, 37.91 seconds the distance of . 323.469 ft; thence in a southwesterly direction at the heading of 6 degrees, 19 minutes, 20.56 seconds the distance of 319.644 ft; thence in a southwesterly direction at the heading of 6 degrees, 10 minutes, 42.29 seconds the distance of 336.354 ft; thence in a southwesterly direction at the heading of 6 degrees, 37 minutes, 0.71 seconds the distance of 363.622 ft; 14 thence in a southwesterly direction at the heading of 5 degrees, 35 minutes, 18.27 seconds the distance of 531.928 ft; thence in a southwesterly direction at the heading of 6 degrees, 28 minutes, 56.55 seconds the distance of 556.256 ft; thence in a southwesterly direction at the heading of 2 degrees, 55 minutes, 17.49 seconds the distance of 72.594 ft; thence in a northwesterly direction at the heading of 84 degrees, 30 minutes, 26.73 seconds the distance of 436.705 ft; thence in a northwesterly direction at the heading of 83 degrees, 56 minutes, 28.44 seconds the distance of 433.924 ft; thence in a southwesterly direction at the heading of 6 degrees, 11 minutes, 46.23 seconds the distance of 408.587 ft; thence in a southeasterly direction at the heading of 83 degrees, 53 minutes, 17.66 seconds the distance of 434.872 ft; thence in a southwesterly direction at the heading of 6 degrees, 16 minutes, 53.38 seconds the distance of 366.50 ft; thence in a northwesterly direction at the heading of 83 degrees, 13 minutes, 23.96 seconds the distance of 385.594 ft; thence in a southwesterly direction at the heading of 6 degrees, 26 minutes, 46.38 seconds the distance of 59.677 ft; thence in a southwesterly direction at the heading of 10 degrees, 10 minutes, 31.84 seconds the distance of 43.586 ft; thence in a southwesterly direction at the heading of 13 degrees, 53 minutes, 39.29 seconds the distance of 19.573 ft; thence in a southwesterly direction at the heading of 20 degrees, 38 minutes, 41.75 seconds the distance of 37.722 ft; thence in a southwesterly direction at the heading of 33 degrees, 20 minutes, 12.14 seconds the distance of 31.48 ft; thence in a southwesterly direction at the heading of 38 degrees, 1 minutes, 30.25 seconds the distance of 26.785 ft; 15 thence in a southwesterly direction at the, heading of 18 degrees, 59 minutes, 47.95 seconds the distance of 32.257 ft; thence in a southwesterly direction at the heading of 7 degrees, 31 minutes, 0.78 seconds the distance of 447.95 ft; thence in a southeasterly direction at the heading of 38 degrees, 52 minutes, 47.15 seconds the distance of 45.026 ft; thence in a southwesterly direction at the heading of 7 degrees, 7 minutes, 12.54 seconds the distance of 573.658 ft; thence in a southwesterly direction at the heading of 7 degrees, 7 minutes, 9.63 seconds the distance of 59.999 ft; thence in a northwesterly direction at the heading of 83 degrees, 10 minutes, 15.06 seconds the distance of 448.94 ft; thence in a northwesterly direction at the heading of 85 degrees, 41 minutes, 9.62 seconds the distance of 29.75 ft; thence in a southwesterly direction at the heading of. 6 degrees, 12 minutes, 15.60 seconds the distance of 279.437 ft; thence in a southwesterly direction at the heading of 6 degrees, 21 minutes, 55.20 seconds the distance of 251.651 ft; thence in a southwesterly direction at the .heading of, 14 degrees, 40 minutes, 4.17 seconds the distance of 15.402 ft; thence in a southwesterly direction at the heading of 28 degrees, 39 minutes, 6.58 seconds the distance of 11.054 ft; thence in a southwesterly direction at the heading of 46 degrees, 9 minutes, 12.42 seconds the distance of 10.538 ft; thence in a southwesterly direction at the heading of 56 degrees, 47 minutes, 5.09 seconds the distance of 10.04 ft; thence in a southwesterly direction at the heading of 67 degrees, 42 minutes, 22.94 seconds the distance of 10.808 ft; thence in a northwesterly direction at the heading of 86 degrees, 45 minutes, 50.79 seconds the distance of 28.345 ft; thence in a northwesterly direction at the heading of 83 degrees, 10 minutes, 12.96 seconds the distance of 209.386 ft; thence in a northwesterly direction at the heading of 80 degrees, 59 minutes, 12.46 seconds the distance of 44.044 ft; thence in a northwesterly direction at the heading of 67 degrees, 58 minutes, 32.50 seconds the distance of 95.467 ft; thence in a northwesterly direction at the heading of 83 degrees, 25 minutes, 45.99 seconds the distance of 76.905 ft; thence in a northwesterly direction at the heading of 82 degrees, 47 minutes, 41.89 seconds the distance of 763.831 ft; thence in a northeasterly direction at the heading of 6 degrees, 22 minutes, 24.52 seconds the distance of 1862.914 ft; thence in a northeasterly direction at the heading of 20 degrees, 14 minutes, 17.77 seconds the distance of 21.103 ft; thence in a northwesterly direction at the heading of 83 degrees, 53 minutes, 9.03 seconds the distance of 151.16 ft; thence in a southwesterly direction at the heading of 88 degrees, 9 minutes, 20.49 seconds the distance of 55.929 ft; thence in a southwesterly direction at the heading of 79 degrees, 45 minutes, 33.53 seconds the distance of 39.936 ft; thence in a southwesterly direction at the heading of 75 degrees, 5 minutes, 57.11 seconds the distance of 313.44 ft; thence in a southwesterly direction at the heading of 69 degrees, 30 minutes, 13.15 seconds the distance of 101.10 ft; thence in a southwesterly direction at the heading of 63 degrees, 58 minutes, 19.03 seconds the distance of 310.156 ft; thence in a southwesterly direction at the heading of 69 degrees, 38 minutes, 8.14 seconds the distance of 612.374 ft; thence in a southwesterly direction at the heading of 67 degrees, 9 minutes, 32.78 seconds the distance of 153.54 ft; 17 thence in a southwesterly direction at the heading of 61 degrees, 32 minutes, 58.11 seconds the distance of 331.654 ft; thence in a southwesterly direction at the heading of 55 degrees, 4 minutes, 50.15 seconds the distance of 38.782 ft; thence in a southwesterly direction at the heading of 48 degrees, 27 minutes, 3.97 seconds the distance of 157.405 ft; thence in a southwesterly direction at the heading of 54 degrees, 10 minutes, 42.66 seconds the distance of 79.793 ft; thence in a southwesterly .direction at the heading of 67 degrees, 25 minutes, 1.67 seconds the distance of 47.654 ft; thence in a southwesterly direction at the heading of 82 degrees, 0 minutes, 24.96 seconds the distance of 53.217 ft; thence in a northwesterly direction at the heading of 79 degrees, 39 minutes, 20.98 seconds the distance of 65.159 ft; thence in a northeasterly direction at the heading of 10 degrees, 51 minutes, 6.49 seconds the distance of 602.163 ft; thence in a northeasterly direction at the heading of 11 degrees, 28 minutes, 34.27 seconds the distance of 131.841 ft; thence in a northeasterly direction at the heading of, 11 degrees, 19 minutes, 29.00 seconds the distance of 1139.69 ft; thence in a northeasterly direction at the heading of 5 degrees, 10 minutes, 54.97 seconds the distance of 166.079 ft; thence in a northeasterly direction at the heading of 12 degrees, 12 minutes, 31.10 seconds the distance of 611.428 ft; thence in a northeasterly direction at the heading of 9 degrees, 3 minutes, 48.29 seconds the .distance of 311.692 ft; thence in a northeasterly direction at the heading of 3 degrees, 0 minutes, 58.17 seconds the distance of 267.971 ft; thence in a northwesterly direction at the heading of 4 degrees, 10 minutes, 35.43 seconds the distance of 462.791 ft; ME thence in a northwesterly direction at the heading of 8 degrees, 5 minutes, 32.3.6 seconds the distance of 851.719 ft; thence in a northwesterly direction at the heading of 7 degrees, 42 minutes, 35.28 seconds the distance of 1384.213 ft; thence in a northwesterly direction at the heading of 18 degrees, 1 minutes, 32.52 seconds the distance of 309.911 ft; thence in a northwesterly direction at the heading of 24 degrees, 2 minutes, 19.55 seconds the distance of 221.183 ft; thence in a northwesterly direction at the heading of 30 degrees, 59 minutes, 28.30 seconds the distance of 179.062 ft; thence in a northwesterly direction at the heading of 36 degrees, 3 minutes, 35.32 seconds the distance of 342.834 ft; thence in a northwesterly direction at the heading of 36 degrees, 3 minutes, 35.19 seconds the distance of 904.811 ft; thence in a northwesterly direction at the heading of 36 degrees, 21 minutes, 10.47 seconds the distance of 1345.945 ft; thence in a northeasterly direction at the heading of 73 degrees, 18 minutes, 33.37 seconds the distance of 304.603 ft; thence in a southeasterly direction at the heading of 24 degrees, 33 minutes, 55.58 seconds the distance of 43.411 ft; thence in a northeasterly direction at the heading of 66 degrees, 13 minutes, 27.28 seconds the distance of 311.54 ft; thence in a northeasterly direction at the heading of 43 degrees, 36 minutes, 47.04 seconds the distance of 96.407 ft; thence in a northeasterly direction at the heading of 21 degrees, 28 minutes, 19.26 seconds the distance of 54.911 ft; thence in a northeasterly direction at the heading of 29 degrees, 15 minutes, 43.81 seconds the distance of 94.108 ft; thence in a northeasterly direction at the heading of 50 degrees, 41 minutes, 38.82 seconds the distance of 73.406 ft; 19 thence in a northeasterly direction at the heading of. 69 degrees, 33 minutes, 36.56 seconds the distance of 75.024 ft; thence in a northeasterly direction at the heading of 89 degrees, 37 minutes, 24.80 seconds the distance of. 462.791 ft; thence in a southeasterly direction at the heading of 82 degrees, 57 minutes, 48.80 seconds the distance of 1195.906 ft; thence in a northeasterly direction at the heading of 7 degrees, 23 minutes, 12.82 seconds the distance of 1291.921 ft; thence in a northeasterly direction at the heading of 21 degrees, 10 minutes, 8.06 seconds .the distance of 112.705 ft; thence in a northeasterly direction at the heading of 32 degrees, 52 minutes, 55.76 seconds the distance of. 159.326 ft; thence in a northeasterly direction at the heading of 39 degrees, 25 minutes, 19.52 seconds the distance of 103.302 ft; thence in a northeasterly direction at the heading of 56 degrees, 34 minutes, 53.57 seconds the distance of 105.311 ft; thence in a northeasterly direction at the heading of 73 degrees, 25 minutes, 17.02 seconds the distance of 454.911 ft; thence in a northeasterly direction at the heading of 74 degrees, 23 minutes, 0.60 seconds the distance of 1354.398 ft; thence in a southeasterly direction at the heading of 30 degrees, 23 minutes, 4.12 seconds the distance of 187.982 ft; thence in a southeasterly direction at the heading of 37 degrees, 6 minutes, 37.13 seconds the distance of 122.182 ft; thence in a southeasterly direction at the heading of 53 degrees, 47 minutes, 23.15 seconds the distance of. 105.967 ft; thence in a southeasterly direction at the heading of 71 degrees, 40 minutes, 11.07 seconds the distance of 121.147 ft; thence iri a southeasterly direction at the heading of 83 degrees, 40 minutes, 3.07 seconds the distance of 164.101 ft; 20 thence in a southeasterly direction at the heading .of 72 degrees, 7 minutes, 35.38 seconds the distance of 135.542 ft; thence in a southeasterly direction at the heading of 51 degrees, 58 minutes, 26.38 seconds the distance of 93.179 ft; thence in a southeasterly direction at the heading of 35 degrees, 5 minutes, 49.28 seconds the distance of 210.101 ft; thence in a southeasterly direction at the heading of 31 degrees, 50 minutes, 45.87 seconds the distance of 297.362 ft; thence in a southeasterly direction at the heading of 19 degrees, 4 minutes, 5.44 seconds the distance of 131.622 ft; thence in a southeasterly direction at the heading of 13 degrees, 16 minutes, 39.83 seconds the distance of 141.071 ft; thence in a southeasterly direction at the heading of 13 degrees, 11 minutes, 22.75 seconds the distance of 728.826 ft; thence in a southeasterly direction at the heading of 12 degrees, 27 minutes, 21.50 seconds the distance of 486.348 ft; thence in a southeasterly direction at the heading of 18 degrees, 17 minutes, 20.97 seconds the distance of 99.422 ft; thence in a southeasterly direction at the heading of 32 degrees, 55 minutes, 8.30 seconds the distance of 185.481 ft; thence in a southeasterly direction at the heading of 36 degrees, 42 minutes, 58.64 seconds the distance of 149.201 ft; thence in a southeasterly direction at the heading of 32 degrees, 6 minutes, 34.78 seconds the distance of 139.782 ft; thence in a southeasterly direction at the heading of 23 degrees, 35 minutes, 16.12 seconds the distance of 94.714 ft; thence in a southwesterly direction at the heading of 6 degrees, 50 minutes, 13.18 seconds the distance of 827.03 ft; thence in a southeasterly direction at the heading of 83 degrees, 43 minutes, 44.12 seconds the distance of 1922.504 ft; 21 thence in a southeasterly direction at the heading of, 30 degrees, 41 minutes, 12.12 seconds the distance of 35.466 ft; -hence in a southeasterly direction at the heading of 15 degrees, 33 minutes, 16.46 seconds the distance of 30.206 ft; =hence in a southeasterly direction at the heading of 4 degrees, 39 minutes, 5.81 seconds the distance of 38.226 ft; thence in a southwesterly direction at the heading of 2 degrees, 8 minutes, 19.26 seconds the distance of 24.117 ft; thence in a southwesterly direction at the heading of 6 degrees, 0 minutes, 55.51 seconds the distance of 327.302 ft; thence in a southwesterly direction at the heading of 6 degrees, 26 minutes, 35.53 seconds the distance of 1603.126 ft; thence in a southeasterly direction at the heading of 83 degrees, 29 minutes, 34.89 seconds the distance of 1107.891 ft; thence being the point of beginning of the Ward herein described. fid) Ward 4. Beginning at the point of 1099881 ft and 542840.9 ft; thence in a northwesterly direction at the heading of 23 degrees, 35 minutes, 16.12 seconds the distance of 94.714 ft; thence in a northwesterly direction at the heading of. 32 degrees, 6 minutes, 34.78 seconds the distance of. 139.782 ft; thence in a northwesterly direction at the heading of 36 degrees, 42 minutes, 58.64 seconds the distance of 149.201 ft; thence in a northwesterly direction at the heading of 32 degrees, 55 minutes, 8.30 seconds the distance of 185.481 ft; thence in a northwesterly direction at the heading of. 18 degrees, 17 minutes, 20.97 seconds the distance of 99.422 ft; thence in a northwesterly direction at the heading of. 12 degrees, 27 minutes, 21.50 seconds the distance of 486.348 ft; 22 thence in a northwesterly direction at the heading of 13 degrees, 11 minutes, 22.75 seconds the distance of 728.826 ft; thence in a northwesterly direction at the heading of 16 degrees, 4 minutes, 21.17 seconds the distance of 272.345 ft; thence in a northwesterly direction at the heading of 31 degrees, 50 minutes, 45.87 seconds the distance of 297.362 ft; thence in a northwesterly direction at the heading of 35 degrees, 5 minutes, 49.28 seconds the distance of 210.101 ft; thence in a northwesterly direction at the heading of 51 degrees, 58 minutes, 26.44 seconds the distance of 93.179 ft; thence in a northwesterly direction at the heading of 72 degrees, 7 minutes, 35.38 seconds the distance of 135.542 ft; thence in a northwesterly direction at the heading of 83 degrees, 40 minutes, 3.07 seconds the distance of 164.101 ft; thence in a northwesterly direction at the heading of 71 degrees, 40 minutes, 11.07 seconds the distance of 121.147 ft; thence in a northwesterly direction at the heading of 53 degrees, 47 minutes, 23.15 seconds the distance of 105.967 ft; thence in a northwesterly direction at the heading of 37 degrees, 6 minutes, 37.13 seconds the distance of 122.182 ft; thence in a northwesterly direction at the heading of 30 degrees, 23 minutes, 4.12 seconds the distance of 187.982 ft; thence in a northwesterly direction at the heading of 21 degrees, 55 minutes, 23.75 seconds the distance of 87.314 ft; thence in a northwesterly direction at the heading of 21 degrees, 30 minutes, 5.16 seconds the distance of 113.499 ft; thence in a northwesterly direction at the heading of 18 degrees, 56 minutes, 31.12 seconds the distance of 107.205 ft; thence in a northwesterly direction at the heading of 15 degrees, 57 minutes, 59.09 seconds the distance of 112.333 ft; 23 thence in a northwesterly direction at the heading of 12 degrees; '45 minutes, 42.94 seconds the distance of 119.964 ft; thence in a northwesterly direction at the heading of 16 degrees, 0 minutes, 8.97 .seconds the distance of 55.137 ft; thence in a northwesterly direction at the heading of 21 degrees, 8 minutes, 56.64 seconds the distance of 84.813 ft; thence in a northwesterly direction at the heading of 27 degrees, 51 minutes, 0.36 seconds the distance of 75.777 ft; thence in a northwesterly direction at the heading of 29 degrees, 2 minutes, 32.20 seconds the distance of 496.648 ft; thence in a northwesterly direction at the heading of 27 degrees, 14 minutes, 3.41 seconds the distance of 432.664 ft; thence in a northwesterly direction at the heading of 30 degrees, 16 minutes, 7.85 seconds the distance of 66.461 ft; thence in a northwesterly direction at the heading of 42 degrees, 58 minutes, 7.27 seconds the distance of 92.994 ft; thence in a northwesterly direction at the heading of 44 degrees, 42 minutes, 29.88 seconds the distance of 310.897 ft; thence in a northwesterly direction at the heading of 46 degrees, 1 minutes, 14.52 seconds the distance of 186.042 ft; thence in a northwesterly direction at the heading of 56 degrees, 25 minutes, 34.96 seconds the distance of 179.225 ft; thence in a northwesterly direction at the heading of 66 degrees, 6 minutes, 2.98 seconds the distance of 165.38 ft; thence in a northwesterly direction at the heading of 62 degrees, 8 minutes, 56.26 seconds the distance of 193.29 ft; thence in a northwesterly direction at the heading of 57 degrees, 4 minutes, 4.50 seconds the distance of 158.895 ft; thence in a northwesterly direction at the heading of 51 degrees, 32 minutes, 46.67 seconds the distance of 171.926 ft; 24 thence in a northwesterly direction at the heading of 49 degrees, 45 minutes, 24.62 seconds the distance of 98.911 ft; thence in a southwesterly direction at the heading of 41 degrees, 50 minutes, 16.33 seconds the distance of 672.988 ft; thence in a southwesterly direction at the heading of 26 degrees, 57 minutes, 7.84 seconds the distance of 26.476 ft; thence in a northwesterly direction at the heading of 89 degrees, 18 minutes, 14.25 seconds the distance of 395.129 ft; thence in a southwesterly direction at the heading of 89 degrees, 54 minutes, 42.11 seconds the distance of 454.201 ft; thence in a northwesterly direction at the heading of 79 degrees, 3 minutes, 31.91 seconds the distance of 37.269 ft; thence in a northwesterly direction at the heading of 69 degrees, 59 minutes, 52.04 seconds the distance of 40.129 ft; thence in a northwesterly direction at the heading of 32 degrees, 6 minutes, 34.78 seconds the distance of 139.782 ft; thence in a northwesterly direction at the heading of 73 degrees, 10 minutes, 27.82 seconds the distance of 30.401 ft; thence in a northwesterly direction at the heading of 83 degrees, 8 minutes, 0.85 seconds the distance of 19.238 ft; thence in a southwesterly direction at the heading of 89 degrees, 30 minutes, 6.44 seconds the distance of 23.001 ft; thence in a southwesterly direction at the heading of 89 degrees, 47 minutes, 47.27 seconds the distance of 281.502 ft; thence in a northwesterly direction at the heading of 84 degrees, 5 minutes, 6.19 seconds the distance of 22.319 ft; thence in a northwesterly direction at the heading of 77 degrees, 18 minutes, 1.50 seconds the distance of 14.556 ft; thence in a northwesterly direction at the heading of 66 degrees, 48 minutes, 5.07 seconds the distance of 16.755 ft; 25 thence in`a northwesterly direction at the heading of 49 degrees, 27 minutes, 17.21 seconds the distance of 254.904 'ft; thence in a northwesterly direction.at the heading of 62 degrees, 4 minutes, 59.11 seconds the distance of 15.165 ft; thence in a northwesterly direction at the heading of 68 degrees, 1 minutes, 42.50 seconds the distance of 31.271 ft; thence in a northwesterly direction at the heading of 73 degrees, 23 minutes, 3.22 seconds the distance of 32.873 ft; thence in a northeasterly direction at the heading of 16 degrees, 53 minutes, 12.45 seconds the distance of 251.651 ft; thence in a northeasterly direction at the heading of 11 degrees, 49 minutes, 32.75 seconds the distance of 60.995 ft; thence in a northeasterly direction at the heading.of 5 degrees, 0 minutes, 30.35 seconds the distance of 64.145 ft; thence in a northwesterly direction at the heading of 1 degrees, 25 minutes, 9.44 seconds the distance of 872.068 ft; thence in a southwesterly direction at the heading of 89 degrees, 14 minutes, 31.79 seconds the distance of 1587.739 ft; thence in a southwesterly direction at the heading of 89 degrees, 17 minutes, 58.74 seconds the distance of 1055.379 ft; thence in a southwesterly direction at the heading of 84 degrees, 35 minutes, 3.08 seconds the distance of 121.844 ft; thence in a southwesterly direction at the heading of 66 degrees, 37 minutes, 7.98 seconds the distance of 173.115 ft; thence in a southwesterly direction at the heading of 49 degrees, 50 minutes, 56.25 seconds the distance of 110.421 ft; thence in a southwesterly direction at the heading of 40 degrees, 28 minutes,,51.10 seconds the distance of 61.923 ft; thence in a southwesterly direction at the heading of 32 degrees, 18 minutes, 30.53 seconds the distance of 62.117 ft; 26 thence in a southwesterly direction at the heading of 23 degrees, 19 minutes, 29.32 seconds the distance of 89.407 ft; thence in a southwesterly direction at the heading of 11 degrees, 27 minutes, 12.60 seconds the distance of 187.841 ft; thence in a southwesterly direction at the heading of 12 degrees, 44 minutes, 49.58 seconds the distance of 293.227 ft; thence in a southwesterly direction at the heading of 22 degrees, 15 minutes, 52.14 seconds the distance of 218.273 ft; thence in a southwesterly direction at the heading of 28 degrees, 49 minutes, 36.86 seconds the distance of 124.646 ft; thence in a southwesterly direction at the heading of 35 degrees, 9 minutes, 15.04 seconds the distance of 191.046 ft; thence in a southwesterly direction at the heading of 39 degrees, 43 minutes, 5.35 seconds the distance of 671.349 ft; thence in a southwesterly direction at the heading of 39 degrees, 5 minutes, 19.12 seconds the distance of 586.34 ft; thence in a northwesterly direction at the heading of 55 degrees, 14 minutes, 33.41 seconds the distance of 2020.513 ft; thence in a northwesterly direction at the heading of 54 degrees, 5 minutes, 21.20 seconds the distance of 151.741 ft; thence in a northwesterly direction at the heading of 54 degrees, 31 minutes, 45.28 seconds the distance of 527.497 ft; thence in a northwesterly direction at the heading of 58 degrees, 55 minutes, 0.76 seconds the distance of 65.856 ft; thence in a northwesterly direction at the heading of 63 degrees, 9 minutes, 33.34 seconds the distance of 269.539 ft; thence in a northwesterly direction at the heading of 70 degrees, 17 minutes, 46.82 seconds the distance of 317.064 ft; thence in a northwesterly direction at the heading of 70 degrees, 32 minutes, 58.60 seconds the distance of 153.458 ft; 27 thence in a northwesterly direction at the heading. of 65 degrees, 52 minutes, 7.23 seconds the distance. of 317.003 ft; thence in a northwesterly direction at the heading of 61 degrees, 56 minutes, 51.64 seconds the distance of 167.135 ft; thence in a northwesterly direction at the heading of 56 degrees, 37 minutes; 4.44 seconds the distance of 118.68 ft; thence in a northwesterly direction at the heading of 53 degrees, 49 minutes, 8.84 seconds the distance of 109.768 ft; thence in a northwesterly direction at the heading of 49 ili:grni:it, 59 minutnn, 21.31 nccondn the dintancc of 3192.876 ft; thence in a northwesterly direction at the heading of. 45 degrees, 31 minutes, 23.02 seconds the distance of 317.575 ft; thence in a northwesterly direction at the heading of 41 degrees, 31 minutes, 30.90 seconds the distance of 338.336 ft; thence in a northwesterly direction at the heading of 46 degrees, 21 minutes, 6.70 seconds the distance of 335.686 ft; thence in a northwesterly direction at the heading of 52 degrees, 22 minutes, 56.21 seconds the distance of 271.303 ft; thence in a northwesterly direction at the heading of 58 degrees, 6 minutes, 22.92 seconds the distance of 304.347 ft; thence in a northwesterly direction at the heading of 59 degrees, 0 minutes, 44.79 seconds the distance of 454.111 ft; thence in a northwesterly direction at the heading of 58 degrees, 47 minutes, 51.44 seconds the distance of 630.04 ft; thence in a northwesterly direction at the heading of 59 degrees, 14 minutes, 47.90 seconds the distance of 826.646 ft; thence in a northwesterly direction at the heading of 58 degrees, 15 minutes, 45.68 seconds the distance of 346.403 ft; thence following the western city limits of the City of Cape Girardeau as of July 22, 2011; thence following the northern city limits of the City of Cape Girardeau as of July 22, 2011; M thence from the point located at 1101425.16 ft and 459783.29 ft; thence in a southeasterly direction at the heading of 0 degrees, 17 minutes, 53.18 seconds the distance of 556.977 ft; thence in a southeasterly direction at the heading of 0 degrees, 8 minutes, 50.52 seconds the distance of 777.603 ft; thence in a southwesterly direction at the heading of 0 degrees, 13 minutes, 52.29 seconds the distance of 350.621 ft; thence in a southeasterly direction at the heading of 1 degrees, 58 minutes, 23.96 seconds the distance of 385.21 ft; thence in a southeasterly direction at the heading of 14 degrees, 49 minutes, 34.26 seconds the distance of 35.033 ft; thence in a southeasterly direction at the heading of 23 degrees, 11 minutes, 55.61 seconds the distance of 30.344 ft; thence in a southeasterly direction at the heading of 37 degrees, 50 minutes, 13.03 seconds the distance of 40.319 ft; thence in a southeasterly direction at the heading of 48 degrees, 48 minutes, 27.06 seconds the distance of 54.497 ft; thence in a southeasterly direction at the heading of 49 degrees, 47 minutes, 4.01 seconds the distance of 94.799 ft; thence in a southeasterly direction at the heading of 51 degrees, 33 minutes, 33.43 seconds the distance of 306.90 ft; thence in a southeasterly direction at the heading of 60 degrees, 25 minutes, 20.25 seconds the distance of 42.378 ft; thence in a southeasterly direction at the heading of 66 degrees, 12 minutes, 41.98 seconds the distance of 51.361 ft; thence in a southeasterly direction at the heading of 67 degrees, 3 minutes, 15.19 seconds the distance of 256.583 ft; thence in a southeasterly direction at the heading of 69 degrees, 38 minutes, 36.61 seconds the distance of 65.314 ft; thence in a southeasterly direction at the heading of 82 degrees, 52 minutes, 29.81 seconds the distance of 49.516 ft; M thence in a northeasterly direction at the heading of 90 degrees, 0 minutes, 0 seconds the distance of 42.992 ft; thence in a northeasterly direction at the heading of 80 ,degrees, 43 minutes, 20.58 seconds the distance of 33.058 ft; thence in a northeasterly direction at the heading of 81 degrees, 14 minutes, 34.68 seconds the distance of 40.067 ft; thence in a northeasterly direction at the heading of 78 degrees, 19 minutes, 57.40 seconds the distance of 44.009 ft; thence in a northeasterly direction at the heading of 76 degrees, 49 minutes, 59.37 seconds the distance of 62.339 ft; thence in a northeasterly direction at the heading of 76 degrees, 41 minutes, 56.75 seconds the distance of 130.398 ft; thence in a northeasterly direction at the heading of 81 degrees, 56 minutes, 35.40 seconds the distance of 22.118 ft; thence in a northeasterly direction at the heading of 87 degrees, 4 minutes, 16.11 seconds the distance of 21.528 ft; thence in a southeasterly direction at the heading of 87 degrees, 54 minutes, 28.56 seconds the distance of 21.915 ft; thence in a southeasterly direction at the heading of 74 degrees, 30 minutes, 9.92 seconds the distance of 22.83 ft; thence in a southeasterly direction at the heading of 59 degrees, 59 minutes, 42.28 seconds the distance of 16.398 ft; thence in a southeasterly direction at the heading of 55 degrees, 27 minutes, 22.50 seconds the distance of 16.754 ft; thence in a southeasterly direction at the heading of 46 degrees, 27 minutes, 0.78 seconds the distance of 22.352 ft; thence in a southeasterly direction at the heading of 33 degrees, 17 minutes, 36.83 seconds the distance of 16.031 ft; thence in a southeasterly direction at the heading of 18 degrees, 1 minutes, 42.97 seconds the distance of 22.295 ft; M thence in a southeasterly direction at the heading of 7 degrees, 33 minutes, 16.64 seconds the distance of 64.293 ft; thence in a southeasterly direction at the heading of 2 degrees, 12 minutes, 43.83 seconds the distance of 60.81 ft; thence in a southeasterly direction at the heading of 1 degrees, 48 minutes, 41.82 seconds the distance of 1508.854 ft; thence in a southeasterly direction at the heading of 5 degrees, 31 minutes, 14.64 seconds the distance.of 54.051 ft; thence in a southeasterly direction at the heading of 11 degrees, 49 minutes, 44.47 seconds the distance of 34.636 ft; thence in a southeasterly direction at the heading of 21 degrees, 7 minutes, 12.34 seconds the distance of 33.871 ft; thence in a southeasterly direction at the heading of 23 degrees, 46 minutes, 34.04 seconds the distance of 26.777 ft; thence in a southeasterly direction at the heading of 35 degrees, 16 minutes, 59.93 seconds the distance of 41.896 ft; thence in a southeasterly direction at the heading of 36 degrees, 52 minutes, 23.60 seconds the distance of 41.577 ft; thence in a southeasterly direction at the heading of 38 degrees, 21 minutes, 12.10 seconds the distance of 141.896 ft; thence in a southeasterly direction at the heading of 37 degrees, 18 minutes, 53.39 seconds the distance of 25.881 ft; thence in a southeasterly direction at the heading of 34 degrees, 5 minutes, 54.90 seconds the distance of 26.803 ft; thence in a southeasterly direction at the heading of 19 degrees, 12 minutes, 28.43 seconds the distance of 13.454 ft; thence in a southeasterly direction at the heading of 13 degrees, 48 minutes, 44.50 seconds the distance of 14.50 ft; thence in a southeasterly direction at the heading of 2 degrees, 32 minutes, 0.81 seconds the distance of 11.311 ft; 31 thence in a northwesterly direction at the heading of 83 degrees, 23 minutes, 24.76 seconds the distance of 2044.187 ft; thence in a southwesterly direction at the heading of 7 degrees, 0 minutes, 7.22 seconds the distance of 947.466 ft; thence in a southwesterly direction at the heading of 7 degrees, 1 minutes, 55.80 seconds the distance of 413.309 ft; thence in a southwesterly direction at the heading of 6 degrees, 45 minutes, 54.04 seconds the distance of 248.732 ft; thence in a northwesterly direction at the heading of 83 degrees, 3 minutes, 50.52 seconds the distance of 808.215 ft; thence in a southwesterly direction at the heading of 7 degrees, 3 minutes, 28.02 seconds the distance of 1023.405 ft; thence being the point of beginning of the Ward herein described. (e) Ward 5. Beginning at the point of 1093883.682 ft and 543308.299 ft; thence in a southeasterly direction at the heading of 36 degrees, 21 minutes, 10.44 seconds the distance of 1345.944 ft; thence in a southeasterly direction at the heading of 36 degrees, 3 minutes, 35.23 seconds the distance of 1247.645 ft; thence in a southeasterly direction at the heading of 30 degrees, 59 minutes, 28.30 seconds the distance of 179.062 ft; thence in a southeasterly direction at the heading of 24 degrees, 2 minutes, 19.55 seconds the distance of 221.183 ft; thence in a southeasterly direction at the heading of 18 degrees, 1 minutes, 32.52 seconds the distance of 309.911 ft; thence in a southeasterly direction at the heading of 7 degrees, 42 minutes, 35.28 seconds the distance of` 1384.213 ft; thence in a southeasterly direction at the heading of 8 degrees, 5 minutes, 32.36 seconds the distance of 851.719 ft; 32 thence in a southeasterly direction at the heading of 4 degrees, 10 minutes, 35.43 seconds the distance of 462.791 ft; thence in a southwesterly direction at the heading of 3 degrees,.0 minutes, 58.17 seconds the distance of 267.971 ft; thence in a southwesterly direction at the heading of 9 degrees, 3 minutes, 48.29 seconds the distance of 311.692 ft; thence in a southwesterly direction at the heading of 12 degrees, 12 minutes, 30.79 seconds the distance of 611.429 ft; thence in a southwesterly direction at the heading of 5 degrees, 10 minutes, 54.97 seconds the distance of 166.079 ft; thence in a southwesterly direction at the heading of 11 degrees, 20 minutes, 25.53 seconds the distance of 1271.53 ft; thence in a southwesterly direction at the heading of 10 degrees, 51 minutes, 6.49 seconds the distance of 602.163 ft; thence in a northwesterly direction at the heading of 81 degrees, 59 minutes, 6.16 seconds the distance of 133.404 ft; thence in a southwesterly direction at the heading of 82 degrees, 2 minutes, 24.69 seconds the distance of 43.458 ft; thence in a southwesterly direction at the heading of 70 degrees, 14 minutes, 21.60 seconds the distance of 44.905 ft; thence in a southwesterly direction at the heading of 55 degrees, 46 minutes, 42.73 seconds the distance of 65.79 ft; thence in a southwesterly direction at the heading of 33 degrees, 20 minutes, 33.16 seconds the distance of 68.59 ft; thence in a southwesterly direction at the heading of 17 degrees, 45 minutes, 4.54 seconds the distance of 66.254 ft; thence in a southwesterly direction at the heading of 10 degrees, 56 minutes, 3.91 seconds the distance of 212.457 ft; thence in a southwesterly direction at the heading of 16 degrees, 56 minutes, 51.27 seconds the distance of 95.027 ft; 33 thence in a southwesterly direction at the heading. of 27 degrees, 27 minutes, 48.04 seconds the distance of 128.366 ft; thence in a southwesterly direction at the heading of 37 degrees, 14 minutes, 15.44 seconds the distance of. 65.441 ft; thence in a southwesterly direction at the heading of 48 degrees, 15 minutes, 9.46 seconds the distance of 99.818 ft; thence in a southwesterly direction.at the heading of 45 degrees, 44 minutes, 6.91 seconds the distance of 71.115 ft; thence in a southwesterly direction at the heading of 50 degrees, 3 minutes, 32.60 seconds the distance of 335.983 ft; thence in a southwesterly direction at the heading of 55 degrees, 11 minutes, 42.26 seconds the distance of 188.162 ft; thence in a southwesterly direction at the heading of 65 degrees, 0 minutes, 48.27 seconds the distance of 352.269 ft; thence in a northwesterly direction at the heading of 28 degrees, 29 minutes, 36.35 seconds the distance of 578.128 ft; thence in a northwesterly direction at the heading of 28 degrees, 48 minutes, 34.57 seconds the distance of 842.705 ft; thence in a northwesterly direction at the heading of 21 degrees, 5 minutes, 18.01 seconds the distance of 52.083 ft; thence in a northwesterly direction at the heading of 11 degrees, 59 minutes, 0.85 seconds the distance of 56.639 ft; thence in a northwesterly direction at the heading of 6 degrees, 54 minutes, 56.64 seconds the distance of 1453.374 ft; thence in a northwesterly direction at the heading of 6 degrees, 37 minutes, 45.35 seconds the distance of 610.683 ft; thence in a northwesterly direction at the heading of 7 degrees, 41 minutes, 56.28 seconds the distance of 105.249 ft; thence in a northwesterly direction at the heading of 13 degrees, 25 minutes, 58.20 seconds the distance .of 46.06 ft; 34 thence in a northwesterly direction at the heading of 18 degrees, 27 minutes, 53.98 seconds the distance of 60.305 ft; thence in a northwesterly direction at the heading of 24 degrees, 29 minutes, 37.09 seconds the distance of 66.813 ft; thence in a northwesterly direction at the heading of 29 degrees, 56 minutes, 21.22 seconds the distance of 58.508 ft; thence in a northwesterly direction at the heading of 35 degrees, 23 minutes, 52.86 seconds the distance of. 72.226 ft; thence in a northwesterly direction at the heading of 37 degrees, 21 minutes, 14.76 seconds the distance of 65.70 ft; thence in a northwesterly direction at the heading of 43 degrees, 43 minutes, 11.50 seconds the distance of 25.321 ft; thence in a northeasterly direction at the heading of 32 degrees, 6 minutes, 6.67 seconds the distance of 357.955 ft; thence in a northeasterly direction at the heading of 33 degrees, 20 minutes, 26.75 seconds the distance of 86.148 ft; thence in a northeasterly direction at the heading of 42 degrees, 52 minutes, 44.24 seconds the distance of 72.367 ft; thence in a northeasterly direction at the heading of 51 degrees, 44 minutes, 9.87 seconds the distance of 55.507 ft; thence in a northeasterly direction at the heading of 7 degrees, 26 minutes, 51.95 seconds the distance of 347.497 ft; thence in a northwesterly direction at the heading of 76 degrees, 19 minutes, 4.93 seconds the distance of 86.395 ft; thence in a northwesterly direction at the heading of 77 degrees, 57 minutes, 26.73 seconds the distance of 122.70 ft; thence in a northwesterly direction at the heading of 79 degrees, 39 minutes, 23.37 seconds the distance of 66.277 ft; thence in a northwesterly direction at the heading of 82 degrees, 40 minutes, 24.94 seconds the distance of 56.461 ft; 35 thence in .a northwesterly direction at the heading of 83 degrees, 12 minutes, 48.29 seconds the distance of 56.697 ft; thence in a northeasterly direction at the heading of 6 degrees, 25 minutes, 24.49 seconds the distance of 30.391 ft; thence in a northeasterly direction at the heading of 2 degrees, 59 minutes, 3.42 seconds the distance of 21.129 ft; thence in a northwesterly direction at the heading of l degrees, 25 minutes, 39,49, seconds the distance of 224.77 ft; thence in a northeasterly direction at the heading of 9 degrees, 34 minutes, 59.91 seconds the distance .of 202.425 ft; thence in a northeasterly direction at the heading of 1 degrees, 31 minutes, 18.23 seconds the distance of 52.719 ft; thence in a northeasterly direction at the heading of 0 degrees, 36 minutes, 29.05 seconds the distance of 339.219 ft; thence in a northeasterly direction at the heading of 0 degrees, 55 minutes, 26.56 seconds the distance of 37.205 ft; thence in a southwesterly direction at the heading of 88 degrees, 32 minutes, 2.94 seconds the distance of 946.01 ft; thence in a northwesterly direction at the heading of 89 degrees, 7 minutes, 6.95 seconds the distance of 26.003 ft; thence in a northwesterly direction at the heading of 80 degrees, 14 minutes, 26.23 seconds the distance of 25.367 ft; thence in a northwesterly direction at the heading of 73 degrees, 27 minutes, 17.41 seconds the distance of. 24.932 ft; thence in a northwesterly direction at the heading of 65 degrees, 59 minutes, 40.13 seconds the distance of. 27.039 ft; thence in a northwesterly direction at the heading of 63 degrees, 56 minutes, 40.14 seconds the distance of 226.299 ft; thence in a northwesterly direction at the heading of 65 degrees, 14 minutes, 45.85 seconds the distance of 113.202 ft; 36 thence in a northwesterly direction at the heading of 77 degrees, 35 minutes, 53.90 seconds the distance of 19.556 ft; thence in a northwesterly direction at the heading of 81 degrees, 49 minutes, 11.17 seconds the distance of 16.164 ft; thence in a northwesterly direction at the heading of 84 degrees, 15 minutes, 54.76 seconds the distance of 1036.789 ft; thence in a northwesterly direction at the heading of 84 degrees, 17 minutes, 5.86 seconds the distance of 897.762 ft; thence in a northeasterly direction at the heading of 4 degrees, 48 minutes, 33.13 seconds the distance of 469.955 ft; thence in a northeasterly direction at the heading of 4 degrees, 50 minutes, 36.94 seconds the distance of 476.10 ft; thence in a northeasterly direction at the heading of 4 degrees, 51 minutes, 49.03 seconds the distance of 271.277 ft; thence in a northeasterly direction at the heading of 4 degrees, 51 minutes, 45.48 seconds the distance of 451.826 ft; thence in a northeasterly direction at the heading of 4 degrees, 41 minutes, 52.07 seconds the distance of 354.09 ft; thence in a northeasterly direction at the heading of 6 degrees, 3 minutes, 49.05 seconds the distance of 109.814 ft; thence in a northeasterly direction at the heading of 4 degrees, 46 minutes, 2.29 seconds the distance of 389.849 ft; thence in a northeasterly direction at the heading of 4 degrees, 40 minutes, 38.18 seconds the distance of 358.093 ft; thence in a northeasterly direction at the heading of 4 degrees, 33 minutes, 42.81 seconds the distance of 360.843 ft; thence in a northeasterly direction at the heading of 4 degrees, 38 minutes, 20.01 seconds the distance of 675.112 ft; thence in a northeasterly direction at the heading of 1 degrees, 54 minutes, 32.95 seconds the distance of 42.023 ft; 37 thence in a northwesterly direction at the heading of 1 degrees, 5 minutes, 58.53 seconds the distance of 52.11 ft; thence in a northwesterly direction at the heading of. 5 degrees, 7 minutes,7.31 seconds the distance of 61.646 ft; thence in a northwesterly direction at the heading of 4 degrees, 30 minutes, 47.18 seconds the distance of 510.884 ft; thence in a northwesterly direction at the heading of 4 degrees, 11 minutes, 50.21 seconds the distance of 270.526 ft; thence in a northwesterly direction at the heading of 3 degrees, 35 minutes, 57.65 seconds the distance of 62.123 ft; thence in a northwesterly direction at the heading of 4 degrees, 11 minutes, 20.84 seconds the distance of 331.285 ft; thence in a northeasterly direction at the heading of 0 degrees, 37 minutes, 46.55 seconds the distance of 54.603 ft; thence in a northeasterly direction at the heading of 3 degrees, 18 minutes, 59.08 seconds the distance of 60.501 ft; thence in a northeasterly direction at the heading of 5 degrees, 42 minutes, 16.43 seconds the distance of 472.842 ft; thence in a northeasterly direction at the heading of 3 degrees, 56 minutes, 17.02 seconds the distance of 82.996 ft; thence in a northeasterly direction at the heading of 0 degrees, 0 minutes, 0 seconds the distance of 76.2 ft; thence in a northwesterly direction at the heading of. 3 degrees, 57 minutes, 38.91 seconds the distance of 88.311 ft; thence in a northwesterly direction at the heading of 8 degrees, 4 minutes, 50.09 seconds the distance of 81.812 ft; thence in a northwesterly direction at the heading of 9 degrees, 47 minutes, 50.88 seconds the distance of. 323.214 ft; thence in a northwesterly direction at the heading of 10 degrees, 25 minutes, 48.23 seconds the distance of 180.075 ft; W thence in a northwesterly direction at the heading of 8 degrees, 20 minutes, 14.80 seconds the distance of 70.343 ft; thence in a northwesterly direction at the heading of 3 degrees, 45 minutes, 24.65 seconds the distance of 73.257 ft; thence in a northwesterly direction at the heading of 0 degrees, 49 minutes, 57.82 seconds the distance of 34.404 ft; thence in a northeasterly direction at the heading of 2 degrees, 46 minutes, 27.40 seconds the distance of 45.453 ft; thence in a northeasterly direction at the heading of 7. degrees, 59 minutes, 50.90 seconds the distance of 48.875 ft; thence in a northeasterly direction at the heading of 10 degrees, 47 minutes, 54.16 seconds the distance of 57.111 ft; thence in a northeasterly direction at the heading of 15 degrees, 31 minutes, 31.83 seconds the distance of 219.302 ft; thence in a northeasterly direction at the heading of 4 degrees, 31 minutes, 47.34 seconds the distance of 56.978 ft; thence in a northeasterly direction at the heading of 1 degrees, 22 minutes, 26.36 seconds the distance of 54.216 ft; thence in a northeasterly direction at the heading of 11 degrees, 4 minutes, 29.47 seconds the distance of 52.579 ft; thence in a northeasterly direction at the heading of 11 degrees, 24 minutes, 11.08 seconds the distance of 60.188 ft; thence in a northeasterly direction at the heading of 18 degrees, 55 minutes, 52.21 seconds the distance of 47.468 ft; thence in a northeasterly direction at the heading of 23 degrees, 10 minutes, 54.35 seconds the distance of 44.71 ft; thence in a northeasterly direction at the heading of 39 degrees, 5 minutes, 19.12 seconds the distance of 586.34 ft; thence in a northeasterly direction at the heading of 39 degrees, 43 minutes, 5.35 seconds the distance of 671.349 ft; 39 thence in a northeasterly direction at the heading of 35 degrees, 9 minutes, 15.04 seconds the distance of 191.046 ft; thence in a northeasterly direction at the heading of 28 degrees, 49 minutes, 36.86 seconds the distance of 124.646 ft; thence in a northeasterly direction at the heading of 22 degrees, 15 minutes, 52.14 seconds the distance of 218.273 ft; thence in a northeasterly direction at the heading of 12 degrees, 44 minutes, 49.58 seconds the distance of 293.227 ft; thence in a northeasterly direction at the heading of 11 degrees, 27 minutes, 12.60 seconds the distance of 187.841 ft; thence in a northeasterly direction at the heading of 23 degrees, 19 minutes, 29.32 seconds the distance of, 89.407 ft; thence in a northeasterly direction at the heading of 32 degrees, 18 minutes, 30.53 seconds the distance of 62.117 ft; thence in a northeasterly direction at the heading of 40 degrees, 28 minutes, 51.10 seconds the distance of 61.923 ft; thence in a northeasterly direction at the heading of 49 degrees, 50 minutes, 56.25 seconds the distance of 110.421 ft; thence in a northeasterly direction at the heading of 66 degrees, 37 minutes, 7.98 seconds the distance of 173.115 ft; thence in a northeasterly direction at the heading of 84 degrees, 35 minutes, 3.08 seconds the distance of 121.844 ft; thence in a northeasterly direction at the heading of 89 degrees, 17 minutes, 58.74 seconds the distance of 1055.379 ft; thence in a northeasterly direction at the heading of 89 degrees, 14 minutes, 31.88 seconds the distance of 1587.74 ft; thence in a southeasterly direction at the heading of 1 degrees, 25, minutes, 9.44 seconds the distance of 872.068.ft; thence in a southwesterly direction at the heading of 5 degrees, 0 minutes, 30.35 seconds the distance of 64.145 ft; W thence in a southwesterly direction at the heading of 11 degrees, 49 minutes, 32.75 seconds the distance of 60.995 ft; thence in a southwesterly direction at the heading of 16 degrees, 53 minutes, 12.45 seconds the distance of 251.651 ft; thence in a southeasterly direction at the heading of 73 degrees, 23 minutes, 6.17 seconds the distance of 32.872 ft; thence in a southeasterly direction at the heading of 68 degrees, 1 minutes, 42.50 seconds the distance of 31.271 ft; thence in a southeasterly direction at the heading of 62 degrees, 4 minutes, 59.11 seconds the distance of 15.165 ft; thence in a southeasterly direction at the heading of 49 degrees, 27 minutes, 17.21 seconds the distance of 254.904 ft; thence in a southeasterly direction at the heading of 66 degrees, 48 minutes, 5.07 seconds the distance of 16.755 ft; thence in a southeasterly direction at the heading of 77 degrees, 18 minutes, 1.50 seconds the distance of 14.556 ft; thence in a southeasterly direction at the heading of 84 degrees, 5 minutes, 6.19 seconds the distance of 22.319 ft; thence in a northeasterly direction at the heading of 89 degrees, 47 minutes, 47.27 seconds the distance of 281.502 ft; thence in a northeasterly direction at the heading of 89 degrees, 30 minutes, 6.44 seconds the distance of 23.001 ft; thence in a southeasterly direction at the heading of 83 degrees, 8 minutes, 0.85 seconds the distance of 19.238 ft; thence in a southeasterly direction at the heading of 73 degrees, 10 minutes, 27.82 seconds the distance of 30.401 ft; thence in a southeasterly direction at the heading of 69 degrees, 59 minutes, 52.04 seconds the distance of 40.129 ft; thence in a southeasterly direction at the heading of 79 degrees, 3 minutes, 31.91 seconds the distance of 37.269 ft; 41 thence in a northeasterly direction at the heading. of 89 degrees, 54 minutes, 42.11 seconds the distance of _ 454.201 ft; thence in a southeasterly direction at the heading of 89 degrees, 18 minutes, 14.25 seconds the distance of 395.129 ft; thence in a northeasterly direction at the heading of 26 degrees, 57 minutes, 7.84 seconds the distance of 26.476 ft; thence in a northeasterly direction at the heading of 41 degrees, 50 minutes, 16.33 seconds the distance of 672.988 ft; thence in a southeasterly direction at the heading of 49 degrees, 45 minutes, 24.62 seconds the distance of 98.911 ft; thence in a southeasterly direction at the heading of 51 degrees, 32 minutes, 46.67 seconds the distance of 171.926 ft; thence in a southeasterly direction at the heading of 57 degrees, 4 minutes, 4.50 seconds the distance of 158.895 ft; thence in a southeasterly direction at the heading of . 62 degrees, 8 minutes, 56.26 seconds the distance of 193.29 ft; thence in a southeasterly direction at the heading of 66 degrees, 6 minutes, 2.98 seconds the distance of 165.38 ft; thence in a southeasterly direction at the heading of 56 degrees, 25 minutes, 34.96 seconds the distance of 179.225 ft; thence in a southeasterly direction at the heading of 46 degrees, 1 minutes," 14.52 seconds the distance of 186.042 ft; thence in a southeasterly direction at the heading of 44 degrees, 42 minutes, 29.88 seconds the distance of 310.897 ft; thence in a southeasterly direction at the heading of 42 degrees, 58 minutes, 7.27 seconds the distance of 92.994 ft; thence in a southeasterly direction at the heading of 30 degrees, 16 minutes, 7.85 seconds the distance of 66.461 ft; thence in a southeasterly direction at the heading of 27 degrees, 14 minutes, 3.41 seconds the distance of 432.664 ft; 42 thence in a southeasterly direction at the heading of 29 degrees, 2 minutes, 32.20 seconds the distance of 496.648 ft; thence in a southeasterly direction at the heading of 27 degrees, 51 minutes, 0.36 seconds the distance of 75.777 ft; thence in a southeasterly direction at the heading of 21 degrees, 8 minutes, 56.64 seconds the distance of 84.813 ft; thence in a southeasterly direction at the heading of 16 degrees, 0 minutes, 8.97 seconds the distance of 55.137 ft; thence in a southeasterly direction at the heading of 12 degrees, 45 minutes, 42.94 seconds the distance of 119.964 ft; thence in a southeasterly direction at the heading of 15 degrees, 57 minutes, 59.09 seconds the distance of 112.333 ft; thence in a southeasterly direction at the heading of 18 degrees, 56 minutes, 31.12 seconds the distance of 107.205 ft; thence in a southeasterly direction at the heading of 21 degrees, 30 minutes, 5.16 seconds the distance of 113.499 ft; thence in a southeasterly direction at the heading of 21 degrees, 55 minutes, 23.75 seconds the distance of 87.314 ft; thence in a southwesterly direction at the heading of 74 degrees, 23 minutes, 0.60 seconds the distance of 1354.397 ft; thence in a southwesterly direction at the heading of 73 degrees, 25 minutes, 17.02 seconds the distance of 454.911 ft; thence in a southwesterly direction at the heading of 56 degrees, 34 minutes, 53.57 seconds the distance of 105.311 ft; thence in a southwesterly direction at the heading of 39 degrees, 25 minutes, 19.52 seconds the distance of 103.302 ft; thence in a southwesterly direction at the heading of 32 degrees, 52 minutes, 55.76 seconds the distance of 159.326 ft; thence in a southwesterly direction at the heading of 21 degrees, 10 minutes, 8.06 seconds the distance of 112.705 ft; 43 thence in a southwesterly direction at the heading of 7 degrees 23 minutes, 12.69 seconds the distance of 1291.922 ft; thence in a northwesterly direction at the heading of 82 degrees, 57 minutes, 48.70 seconds the distance of 1195.907 ft; thence in a southwesterly direction at the heading of 74 degrees, 23 minutes, 0.60 seconds the distance of 1354.397 ft; thence in a southwesterly direction at the heading of 89 degrees, 37 minutes, 24.80 seconds the distance of 76.102 ft; thence in a southwesterly direction at the heading of 69 degrees, 33 minutes, 36.56 seconds the distance of 75.024 ft; thence in a southwesterly 'direction at the heading of 50 degrees, 41 minutes, 38.82 seconds the distance of 73.406 ft; thence in a southwesterly direction at the heading of 29 degrees, 15 minutes, 41.67 seconds the distance of 94.109 ft; thence in a southwesterly direction at the heading of 21 degrees, 28 minutes, 19.26 seconds the distance of 54.911 ft; t:h.ence in a southwesterly direction at the heading of 43 degrees, 36 minutes, 47.04 seconds the distance of 96.407 ft; thence in a southwesterly direction at the heading of 66 degrees, 13 minutes, 27.28 seconds the distance of 311.54 ft; thence in a northwesterly direction at the heading of 24 degrees, 33 minutes, 55.58 seconds the distance of. 43.411 ft; thence in a southwesterly direction at the heading of 73 degrees, 18 minutes, 33.37 seconds the distance of 304.603 ft; thence being the point of beginning of the Ward herein described. (f) Ward 6. Beginning at the point of 1089672.099 ft and 539474.701 ft; thence in a southeasterly direction at the heading of 84 degrees, 17 minutes, 5.86 seconds the distance of 897.762 ft; MI thence in a southeasterly direction at the heading of 84 degrees, 15 minutes, 54.76 seconds the distance of 1036.789 ft; thence in a southeasterly direction at the heading of 81 degrees, 49 minutes, 11.17 seconds the distance of 16.164 ft; thence in a southeasterly direction at the heading of 77 degrees, 35 minutes, 53.90 seconds the distance of 19.556 ft; thence in a southeasterly direction at the heading of 65 degrees, 14 minutes, 45.85 seconds the distance of 113.202 ft; thence in a southeasterly direction at the heading of 63 degrees, 56 minutes, 40.14 seconds the distance of 226.299 ft; thence in a southeasterly direction at the heading of 65 degrees, 59 minutes, 40.13 seconds the distance of 27.039 ft; thence in a southeasterly direction at the heading of 73 degrees, 27 minutes, 17.41 seconds the distance of 24.932 ft; thence in a southeasterly direction at the heading of 80 degrees, 14 minutes, 26.23 seconds the distance of 25.367 ft; thence in a southeasterly direction at the heading of 89 degrees, 7 minutes, 6.95 seconds the distance of 26.003 ft; thence in a northeasterly direction at the heading of 88 degrees, 32 minutes, 2.94 seconds the distance of 946.01 ft; thence in a southwesterly direction at the heading of 0 degrees, 55 minutes, 26.56 seconds the distance of 37.205 ft; thence in a southwesterly direction at the heading of 0 degrees, 36 minutes, 29.05 seconds the distance of 339.219 ft; thence in a southwesterly direction at the heading of 1 degrees, 31 minutes, 18.23 seconds the distance of 52.719 ft; thence in a southwesterly direction at the heading of 9 degrees, 34 minutes, 59.91 seconds the distance of 202.425 ft; thence in a southeasterly direction at the heading of 1 degrees, 25 minutes, 39.49 seconds the distance of 224.77 ft; 45 thence in a southwesterly direction at the heading of 2 degrees, 59 minutes, 3.42 seconds the distance of 21.129 ft; thence in a southwesterly direction at the heading of 6 degrees, 25 minutes, 24.49 seconds the distance of 30.391 ft; thence in a southeasterly direction at the heading of 83 degrees, 12 minutes, 48.29 seconds the distance of 56.697 ft; thence in a southeasterly direction at the heading of 82 degrees, 40 minutes, 24.94 seconds the distance of 56.461 ft; thence in a southeasterly direction at the heading of 79 degrees, 39 minutes, 23.37 seconds the distance of 66.277 ft; thence in a southeasterly direction at the heading of 77 degrees, 57 minutes, 26.73 seconds the distance of 122.70 ft; thence in a southeasterly direction at the heading of 76 degrees, 19 minutes, 4.93 seconds the distance of 86.395 ft; thence in a southwesterly direction at the heading of 7 degrees, 26 minutes, 51.95 seconds the distance of 347.497 ft; hence in a southwesterly direction at the heading of 51 degrees, 44 minutes, 9.87 seconds the distance of 55.507 ft; thence in a southwesterly direction at the heading of 42 degrees, 52 minutes, 44.24 seconds the distance of 72.367 ft; thence in a southwesterly direction at the heading of 33 degrees, '20 minutes, 26.75 seconds the distance of 86.148 ft; thence in a southwesterly direction at the heading of 32 degrees, 6 minutes, 6.67 seconds the distance of 357.955 ft; thence in a southeasterly direction at the heading of 43 degrees, 43 minutes, 11.50 seconds the distance of. 25.321 ft; thence in a southeasterly direction at the heading of 37 degrees, 21 minutes, 14.76 seconds the distance of 65.70 ft; thence in a southeasterly direction at the heading of 35 degrees, 23 minutes, 52.86 seconds the distance of 72.226 ft; W. thence in a southeasterly direction at the heading of 29 degrees, 56 minutes, 21.22 seconds the distance of 58.508 ft; thence in a southeasterly direction at the heading of 24 degrees, 29 minutes, 37.09 seconds the distance of 66.813 ft; thence in a southeasterly direction at the heading of 18 degrees, 27 minutes, 53.98 seconds the distance of 60.305 ft; thence in a southeasterly direction at the heading of 13 degrees, 25 minutes, 58.20 seconds the distance of 46.06 ft; thence in a southeasterly direction at the heading of 7 degrees, 41 minutes, 56.28 seconds the distance of 105.249 ft; thence in a southeasterly direction at the heading of 6 degrees, 37 minutes, 45.35 seconds the distance of 610.683 ft; thence in a southeasterly direction at the heading of 6 degrees, 54 minutes, 56.64 seconds the distance of 1453.374 ft; thence in a southeasterly direction at the heading of 11 degrees, 59 minutes, 0.85 seconds the distance of 56.639 ft; thence in a southeasterly direction at the heading of 21 degrees, 5 minutes, 18.01 seconds the distance of 52.083 ft; thence in a southeasterly direction at the heading of 28 degrees, 48 minutes, 34.57 seconds the distance of 842.705 ft; thence in a southeasterly direction at the heading of 28 degrees, 29 minutes, 36.35 seconds the distance of 578.128 ft; thence in a northeasterly direction at the heading of 65 degrees, 0 minutes, 48.27 seconds the distance of 352.269 ft; thence in a northeasterly direction at the heading of 55 degrees, 11 minutes, 42.26 seconds the distance of 188.162 ft; thence in a northeasterly direction at the heading of 50 degrees, 3 minutes, 32.60 seconds the distance of 335.983 ft; thence in a northeasterly direction at the heading of 45 degrees, 44 minutes, 6.91 seconds the distance of 71.115 ft; 41 thence in a northeasterly direction at the heading of 48 degrees, 15 minutes, 9.46 seconds the distance of 99.818 ft; thence in a northeasterly direction at the heading of 37 degrees, 14 minutes, 15.44 seconds the distance of 65.441 ft; thence in a northeasterly direction at the heading of 27 degrees, 27 minutes, 48.04 seconds the distance of 128.366 ft; thence in a northeasterly direction at the heading of 16 degrees, 56 minutes, 51.27 seconds the distance of 95.027 ft; thence in a northeasterly direction at the heading of 10 degrees, 56 minutes, 3.91 seconds the distance of 212.457 ft; thence in a northeasterly direction at the heading of 17 degrees, 45 minutes, 4.54 seconds the distance of 66.254 ft; thence in a northeasterly direction at the heading of 33 degrees, 20 minutes, 33.16 seconds the distance of 68.59 ft; thence in a northeasterly direction at the heading of 55 degrees, 46 minutes, 42.73 seconds the distance of 65.79 ft; thence in a northeasterly direction at the heading of 70 degrees, 14 minutes, 21.60 seconds the distance of 44.905 ft; thence in a northeasterly direction at the heading of 82 degrees, 2 minutes, 24.69 seconds the distance of 43.458 ft; thence in a southeasterly direction at the heading of 81 degrees, 59 minutes, 6.16 seconds the distance of 133.404 ft; thence in a southeasterly direction at the heading of 79 degrees, 39 minutes, 20.98 seconds the distance of 65.159 ft; thence in a northeasterly direction at the heading of 82 degrees, 0 minutes, 24.96 seconds the distance of 53.217 ft; thence in a northeasterly direction at the heading of 67 degrees, 25 minutes, 1.67 seconds the distance of 47.654 ft; thence in a northeasterly direction at the heading of 54 degrees, 10 minutes, 42.66 seconds the distance of 79.793 ft; thence in a northeasterly direction at the heading of 48 degrees, 27 minutes, 3.97 seconds the distance of 157.405 ft; thence in a northeasterly direction at the heading of 55 degrees, 4 minutes, 50.15 seconds the distance of 38.782 ft; thence in a northeasterly direction at the heading of 61 degrees, 32 minutes, 58.11 seconds the distance of 331.654 ft; thence in a northeasterly direction at the heading of 67 degrees, 9 minutes, 32.78 seconds the distance of 153.54 ft; thence in a northeasterly direction at the heading of 69 degrees, 38 minutes, 8.14 seconds the distance of 612.374 ft; thence in a northeasterly direction at the heading of 63 degrees, 58 minutes, 19.03 seconds the distance of 310.156 ft; thence in a northeasterly direction at the heading of 69 degrees, 30 minutes, 13.15 seconds the distance of 101.10 ft; thence in a northeasterly direction at the heading of 75 degrees, 5 minutes, 57.11 seconds the distance of 313.44 ft; thence in a northeasterly direction at the heading of 79 degrees, 45 minutes, 33.53 seconds the distance of 39.936 ft; thence in a northeasterly direction at the heading of 88 degrees, 9 minutes, 20.49 seconds the distance of 55.929 ft; thence in a southeasterly direction at the heading of 83 degrees, 53 minutes, 9.03 seconds the distance of 151.16 ft; thence in a southwesterly direction at the heading of 20 degrees, 14 minutes, 17.77 seconds the distance of 21.103 ft; thence in a southwesterly direction at the heading of 6 degrees, 22 minutes, 24.52 seconds the distance of 1862.914 ft; thence in a southeasterly direction at the heading of 82 degrees, 47 minutes, 41.89 seconds the distance of 763.831 ft; thence in a southeasterly direction at the heading of 83 degrees, 25 minutes, 45.99 seconds the distance of 76.905 ft; thence in a southeasterly direction at the heading of 67 degrees., 58 minutes, 32.50 seconds the distance of 95.467 ft; thence in a southeasterly direction at the heading of 80 degrees, 59 minutes, 12.46 seconds the distance of 44.044 ft; thence in a southeasterly direction at the heading of 83 degrees, 10 minutes, 12.96 seconds the distance of 209.386 ft; thence in a southeasterly direction at the heading of 86 degrees, 45 minutes, 50.79 seconds the distance of 28.345 ft; thence in a northeasterly direction at the heading of 67 degrees, 42 minutes, 22.94 seconds the distance of 10.808 ft; thence in a northeasterly direction at the heading of 56 degrees, 47 minutes, 5.09 seconds the distance of 10.04 ft; thence in a northeasterly direction at the heading of 46 degrees, 9 minutes, 12.42 seconds the distance of 10.538 ft; thence in a northeasterly direction at the heading of 28 degrees, 39 minutes, 6.58 seconds the distance of 11.054 ft; thence in a northeasterly direction at the heading of 14 degrees, 40 minutes, 4.17 seconds the distance of 15.402 ft; thence in a southwesterly direction at the heading of 5 degrees, 51 minutes, 51.46 seconds the distance of 582.348 ft; thence in a southwesterly direction at the heading of 6 degrees, 30 minutes, 23.50 seconds the distance of 1271.747 ft; thence in a southwesterly direction at the heading of 11 degrees, 53 minutes, 38.13 seconds the distance of 431.13 ft; thence in a southwesterly direction at the heading of 11 degrees, 34 minutes, 52.59 seconds the .distance of 70.403 ft; thence in a southwesterly direction at the heading of 5 degrees, 10 minutes, 15.13 seconds the distance of 1122.87 ft; thence in a southwesterly direction at the heading of 13 degrees, 54 minutes, 13.87 seconds the distance of 94.468 ft; 50 thence in a southwesterly direction at the heading of 24 degrees, 38 minutes, 4.07 seconds the distance of 119.474 ft; thence in a southwesterly direction at the heading of 35 degrees, 18 minutes, 31.84 seconds the distance of 328.902 ft; thence in a southwesterly direction at the heading of 25 degrees, 22 minutes, 4.25 seconds the distance of 100.60 ft; thence in a southwesterly direction at the heading of 10 degrees, 17 minutes, 25.14 seconds the distance of 105.802 ft; thence in a southeasterly direction at the heading of 3 degrees, 38 minutes, 23.99 seconds the distance of 125.988 ft; thence in a southeasterly direction at the heading of 12 degrees, 25 minutes, 49.20 seconds the distance of 436.703 ft; thence in a southwesterly direction at the heading of 77 degrees, 31 minutes, 6.82 seconds the distance of 3293.027 ft; thence in a southwesterly direction at the heading of 82 degrees, 4 minutes, 32.45 seconds the distance of 55.126 ft; thence in a southwesterly direction at the heading of 89 degrees, 46 minutes, 14.12 seconds the distance of 99.901 ft; thence in a northwesterly direction at the heading of 80 degrees, 3 minutes, 40.84 seconds the distance of 90.965 ft; thence in a northwesterly direction at the heading of 70 degrees, 20 minutes, 14.90 seconds the distance of 177.128 ft; thence in a southwesterly direction at the heading of 21 degrees, 41 minutes, 40.98 seconds the distance of 727.964 ft; thence in a southwesterly direction at the heading of 21 degrees, 54 minutes, 11.84 seconds the distance of 2454.153 ft; thence in a southwesterly direction at the heading of 22 degrees, 1 minutes, 43.11 seconds the distance of 416.722 ft; thence in a southwesterly direction at the heading of 24 degrees, 14 minutes, 59.30 seconds the distance of 390.781 ft; 51 thence in a southwesterly direction at the heading of 27 degrees, 33 minutes, 7.00 seconds the distance of 254.458 ft; thence in a southwesterly direction at the heading of 29 degrees, 43 minutes, 51.22 seconds the distance of 203.256 ft; thence in a southeasterly direction at the heading of 35 degrees, 11 minutes, 11.34 seconds the distance of 53.103 ft; thence in a southeasterly direction at the heading of 19 degrees, 6 minutes, 51.13 seconds the distance of 130.706 ft; thence in a southeasterly direction at the heading of 6 degrees, O. minutes, 57.57 seconds the distance of 128.809 ft; thence in a southwesterly direction at the heading of 12 degrees, 43 minutes, 27.97 seconds the distance of 2233.247 ft; thence in a southwesterly direction at the heading of 11 degrees, 51 minutes, 27.01 seconds the distance of 123.127 ft; thence in a southwesterly direction at the heading of 8 degrees, 55 minutes, 5.42 seconds the distance of 136.753 ft; thence in a southwesterly direction at the heading of 5 degrees, 54 minutes, 36.68 seconds the distance of 145.674 ft; thence in a southwesterly direction at the heading of 3 degrees, 3 minutes, 19.72 seconds the distance of 176.351 ft; thence in a southwesterly direction at the heading of 0 degrees, 18 minutes," 17.14 seconds the distance of 75.201 ft; thence in a southeasterly direction at the heading of. 6 degrees, 4 minutes, 38.39 seconds the distance of 74.619 ft; thence in a southeasterly direction at the heading of 1 degrees, 58.minutes, 15.38 seconds the distance of 49.429 ft; thence in a southwesterly direction at the heading of 2 degrees, 38 minutes, 39.97 seconds the distance of 93.199 ft; thence in a southeasterly direction at the heading of 1 degrees, 0 minutes, 44.03 seconds the distance of 449.504 ft; thence following the southern city limits of the City of Cape Girardeau as of July 22, 2011; 52 thence following the western city limits of the City of Cape Girardeau as of July 22, 2011; thence from the point located at 1080858.26 ft and 553410.57 ft; thence in a southeasterly direction at the heading of 58 degrees, 15 minutes, 45.68 seconds the distance of 346.403 ft; thence in a southeasterly direction at the heading of 59 degrees, 14 minutes, 47.90 seconds the distance of 826.646 ft; thence in a southeasterly direction at the heading of 58 degrees, 47 minutes, 51.44 seconds the distance of 630.04 ft; thence in a southeasterly direction at the heading of 59 degrees, 0 minutes, 44.79 seconds the distance of 454.111 ft; thence in a southeasterly direction at the heading of 58 degrees, 6 minutes, 22.92 seconds the distance of 304.347 ft; thence in a southeasterly direction at the heading of 52 degrees, 22 minutes, 56.92 seconds the distance of 271.303 ft; thence in a southeasterly direction at the heading of 46 degrees, 21 minutes, 6.70 seconds the distance of 335.686 ft; thence in a southeasterly direction at the heading of 41 degrees, 31 minutes, 30.90 seconds the distance of 338.336 ft; thence in a southeasterly direction at the heading of 45 degrees, 31 minutes, 23.02 seconds the distance of 317.575 ft; thence in a southeasterly direction at the heading of 49 degrees, 59 minutes, 21.31 seconds the distance of 3192.876 ft; thence in a southeasterly direction at the heading of 53 degrees, 49 minutes, 8.84 seconds the distance of 109.768 ft; thence in a southeasterly direction at the heading of 56 degrees, 37 minutes, 4.44 seconds the distance of 118.68 ft; thence in a southeasterly direction at the heading of 61 degrees, 56 minutes, 51.64 seconds the distance of 167.135 ft; thence in a southeasterly direction at the heading of 65 degrees, 52 minutes, 7.23 seconds the distance of 317.003 ft; 53 thence in a southeasterly direction at the heading of 70 degrees, 22 minutes, 44.19 seconds the distance of 470.521 ft; thence in a southeasterly direction at the heading of 63 degrees, 9 minutes, 33.34 seconds the distance of 269.539 ft; thence in a southeasterly direction at the heading of 58 degrees, 55 minutes, 0.76 seconds the distance of 65.856 ft; thence in a southeasterly direction at .the heading of 54 degrees, 31 minutes, 45.28 seconds the distance of 527.497 ft; thence in a southeasterly direction at t.hc hoadi.ng nf 54 degrees, 5 minutes, 21.20 seconds the distance of 151.741 ft; thence in a southeasterly direction at the heading of 55 degrees, 14 minutes, 33.41 seconds the distance of 2020.513 ft; thence in a southwesterly direction at the heading of 23 degrees, 10 minutes, 58.89 seconds the distance of 44.709 ft; thence in a southwesterly direction at the heading of 18 degrees, 55 minutes, 52.21 seconds the distance of 47.468 ft; thence in a southwesterly direction at the heading of 11 degrees, 24 minutes, 11.80 seconds the distance of 60.188 ft; thence in a southwesterly direction at the heading of 11 degrees, 4 minutes, 29.47 seconds the distance of 52.579 ft; thence in a southwesterly direction at the heading of . 1 degrees, 22 minutes, 26.36 seconds the distance of 54.216 ft; thence in a southwesterly direction at the heading of. 4 degrees, 31 minutes, 47.34 seconds the distance of 56.978 ft; thence in a southwesterly direction at the heading of 15 degrees, 31 minutes, 31.83 seconds the distance of 219.302 ft; thence in a southwesterly direction at the heading of 10 degrees, 47 minutes, 54.16 seconds the distance of 57.111 ft; thence in a southwesterly direction at the heading of 7 degrees, 59 minutes, 50.90 seconds the distance of 48.875 ft; 54 thence in a southwesterly direction at the heading of 2 degrees, 46 minutes, 27.40 seconds the distance of 45.453 ft; thence in a southeasterly direction at the heading of 0 degrees, 49 minutes, 57.82 seconds the distance of 34.404 ft; thence in a southeasterly direction at the heading of 3 degrees, 45 minutes, 24.68 seconds the distance of 73.257 ft; thence in a southeasterly direction at the heading of 8 degrees, 20 minutes, 14.80 seconds the distance.of 70.343 ft; thence in a southeasterly direction at the heading of 10 degrees, 1 minutes, 25.71 seconds the distance of 503.282 ft; thence in a southeasterly direction at the heading of 8 degrees, 4 minutes, 50.09 seconds the distance of 81.812 ft; thence in a southeasterly direction at the heading of 3 degrees, 57 minutes, 38.91 seconds the distance of 88.311 ft; thence in a southwesterly direction at the heading of 0 degrees, 0 minutes, 0 seconds the distance of 76.20 ft; thence in a southwesterly direction at the heading of 3 degrees, 56 minutes, 17.02 seconds the distance of 82.996 ft; thence in a southwesterly direction at the heading of 5 degrees, 42 minutes, 16.43 seconds the distance of 472.842 ft; thence in a southwesterly direction at the heading of 3 degrees, 18 minutes, 59.08 seconds the distance of 60.501 ft; thence in a southwesterly direction at the heading of 0 degrees, 37 minutes, 46.55 seconds the distance of 54.603 ft; thence in a southeasterly direction at the heading of 4 degrees, 11 minutes, 20.84 seconds the distance of 331.285 ft; thence in a southeasterly direction at the heading of 4 degrees, 5 minutes, 8.22 seconds the distance of 332.645 ft; thence in a southeasterly direction at the heading of 4 degrees, 30 minutes, 47.18 seconds the distance of 510.884 ft; 55 thence in a southeasterly direction at the heading of 5 degrees, 7 minutes, 7.31 seconds the distance of 61.646 ft; thence in a southeasterly direction at the heading of 1 degrees, 5 minutes, 58.53 seconds the distance of 52.11 ft; thence in a southwesterly direction at the heading of 1 degrees, 54 minutes, 32.95 seconds the distance of 42.023 ft; thence in a southwesterly direction at the heading of 4 degrees, 38 minutes, 20.01 seconds the distance of 675.112 ft; thence in a southwesterly direction at the heading of 4 degrees, 33 minutes,. 42.81 seconds the distance of 360.843 ft; thence in a southwesterly direction at the heading of 4 degrees, 40 minutes, 38.18 seconds the distance of 349.115 ft; thence in a southwesterly direction at the heading of. 4 degrees, 45 minutes, 55.00 seconds the distance of 398.826 ft; thence in a southwesterly direction at the heading of 6 degrees, 3 minutes, 49.05 seconds the distance of 109.814 ft; thence in a southwesterly direction at the heading of 4 degrees, 41 minutes, 52.07 seconds the distance of 354.09 ft; thence in a southwesterly direction at the heading of 4 degrees, 51 minutes, 46.81 seconds the distance of 723.103 ft; thence in a southwesterly direction at the heading of 4 degrees, 49 minutes, 35.44 seconds the distance of 946.055 ft; thence being the point of beginning of the Ward herein described. 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 56 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 20 ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 57 SUBJECT Public Hearing and Ordinance on Proposed Property Tax Rates for Fiscal Year Ending June 30, 2012. EXECUTIVE SUMMARY This item provides for the holding of a public hearing and the consideration of an ordinance that would establish the property tax rates for the City of Cape Girardeau for the fiscal year ending June 30, 2012. This public hearing and ordinance are completed each year in accordance with statutory requirements, which have been established for the setting of the property tax rates for local governments. The tax levy rates included in this ordinance are the same rates that were adopted last year. BACKGROUND/DISCUSSION In June, the City Council approved an ordinance that adopted the budget for the current fiscal year. The adopted budget contained a proposed tax levy which would meet the requirements of the city and constitutional and statutory requirements for the establishment of a tax rate. The tax levy proposed by the adopted budget was $.3583 per $100 of assessed valuation. This was a rate of $.3018 for the General Fund and $.0565 for the Health Fund. These were the same rates as the previous year's levy. Preliminary assessment figures recently received from the county showed that real estate assessed value numbers increased $6,280,885 (1.44%) over the previous year's adjusted assessed value. Included in the total real estate assessed value amount was $4,192,840 in new construction and $57,540 in annexed property. Excluding these two items, preliminary real estate assessed value numbers increased $2,030,505 (.47%). The preliminary personal property assessed value numbers decreased $4,624,868 (5.06%) from the previous year's adjusted assessed value. During the previous year supplemental personal property assessments totaling $2,824,868 were added after the original tax bills were issued. The current years adopted budget projected growth over the previous year's adjusted assessed valuations of 1.0% for real estate valuations and 0.0% for personal property valuations. Actual General Fund and Health Fund property tax revenues should be approximately the amounts projected in the in the adopted budget for the fiscal year ending June 30, 2012 based on the current tax levy rates, preliminary assessed values,'and supplemental personal property assessments similar to the previous year. The city will also be setting the tax rate for Special Business District No. 2, which is composed of primarily the Downtown area. The tax levy proposed by the adopted budget was $.6708 per $100 of assessed valuation. Based on the preliminary assessed value numbers, which are subject to being changed by the Board of Equalization, this levy would need to be kept at the current rate of 67.08 cents per $100 of assessed valuation. The amount of money raised from this levy, approximately $20,000, will be utilized for various improvements within the district and to make $10,000 in debt service payments on a loan used to finance the land purchase for the downtown parking lot. Under current state law, the State Auditors Office is responsible for calculating the allowable property tax rates for each political subdivision. All city levies are currently projected to remain at the previous year's rates based on the preliminary assessed value numbers. Preliminary assessed values are subject to being changed by the Board of Equalization. Final levy calculations and the allowable property tax rates are calculated by the State and based on final assessed values as adjusted by the Board of Equalization. Normally, the State's calculations are received between the scheduled August City Council meetings each year. This ordinance currently would leave the levy rates at last year's levels. Any adjustments that may be required or allowed by the State could be made by amending the attached ordinance on the second and third readings. STAFF RECOMMENDATION In order to complete the fiscal requirements of the current budget year, it is recommended that the City Council hold the advertised public hearing and give first reading to the attached ordinance which would implement the tax rates for the current fiscal year. Staff also recommends that the levy rates be adjusted before the second and third readings to the amounts allowable by law to prevent any revenue shortfalls in the fiscal year ending June 30, 1012 revenues. ATTACHMENTS • BILL NO. 11-123, Ordinance establishing tax rates • Notice of Public Hearing — property tax rates • Notice of Public Hearing — Special Business District No. 2 tax rate BILL NO. 11-123 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE LEVYING OF THE ANNUAL CITY REVENUE TAX; PUBLIC HEALTH TAX; SPECIAL BUSINESS DISTRICT NO. 2 TAX; FOR THE FISCAL YEAR ENDING ON THE 30TH DAY OF JUNE, 2012 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. There is hereby levied for the fiscal year ending on the 30th day of June, 2012, a city revenue tax of Thirty and Eighteen One Hundredths Cents ($.3018) on the One Hundred Dollars ($100.00) assessed valuation of all property within the city limits made taxable by law for state and county purposes and not by general law exempt from taxation for municipal purposes. ARTICLE 2. There is hereby levied for the fiscal year ending on the 30th day of June, 2012, a public health tax of Five and Sixty Five One Hundredths Cents ($.0565) on the One Hundred Dollars ($100.00) assessed valuation of all property within the city limits made taxable by law for state and county purposes and not by general law exempt from taxation for municipal purposes. ARTICLE 3. There is hereby levied for Special Business District No. 2 of Cape Girardeau, Missouri, for the fiscal year ending on the 30th day of June, 2012, an ad valorem real estate tax of Sixty Seven and Eight One Hundredths Cents ($.6708) on the One Hundred Dollars ($100.00) assessed valuation of all real estate within Special Business District No. 2 of Cape Girardeau, Missouri, not by general law exempt from taxation. ARTICLE 4. 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 5. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2011. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI NOTICE OF PUBLIC HEARING A public hearing will be held August 01, 2011, at 7:00 p.m. at City Hall, 401 Independence Street, at which time citizens may be heard on the property tax rates proposed to be set, by the City of Cape Girardeau, Missouri. The tax rates shall be set to produce substantially the same revenues which the budget for the fiscal year beginning July 1, 2011, shows to be required from the property tax. Each tax rate is determined by dividing the amount of revenue required by the current assessed valuation as provided by Subsection 3 of Section 137.245 RSMo. The result is multiplied by 100, so the tax rate will be expressed in cents per $100 valuation. Assessed Valuation Current Tax Year Prior Tax Year (by Categories) 2011 2010 Real Estate $441,653,870.00 $436,210,200.00 Personal Property 86,823,773.00 88,477,108.00 Railroad and Utility 18,075,415.00 16,797,360.00 TOTAL $546,553,058.00 $541,484,668.00 Amount of Property Proposed Tax City Council of Cape Girardeau, Missouri By: Gayle Conrad, City Clerk July 17, 2011 Tax Revenues Rates for 2011 Fund Budgeted for 2011 (per $100) General Fund $1,614,647.00 $0.3018 Health Fund 301,496.00 $0.0565 Library 1,565,554.00 $0.3112 TOTAL $3,481,697.00 $0.6695 City Council of Cape Girardeau, Missouri By: Gayle Conrad, City Clerk July 17, 2011 CITY OF CAPE GIRARDEAU, MISSOURI SPECIAL BUSINESS DISTRICT NO. 2 NOTICE OF PUBLIC HEARING A public hearing will be held Monday, August 01, 2011 at 7:00 p.m. at City Hall, 401 Independence Street, at which time citizens may be heard on the real property tax rate proposed to be set for Special Business District No. 2 by the City Council of the City of Cape Girardeau, Missouri. The tax rate shall be set to produce substantially the same revenue which the budget for the fiscal year beginning July 1, 2011, shows to be required from the real property tax. The tax ratc is dctcrmincd by dividing the amount of revenue required by the current assessed valuation. The result is multiplied by 100 so the tax rate will be expressed in cents per $100 valuation. Assessed Valuation Current Tax Year Prior Tax Year (By Categories) 2011 2010 Real Estate $3,727,170.00 $3,727,170.00 Amount of Tax Revenue Proposed Tax Rate In Proposed Budget _ for 2011 (per $100) $21,500.00 $0.6708 City Council of Cape Girardeau, Missouri By: Gayle Conrad, City Clerk July 17, 2011 1-"" Development Services SUBJECT Ordinance for the annexation of a 2.44 acre tract of land located at 155 and 181 Cougar Run, just northwest of the intersection of Bloomfield Road and Benton Hill Road. EXECUTIVE SUMMARY The property owners of two lots containing existing single family houses have requested_ annexation into the City. BACKGROUND/DISCUSSION Executed petitions have been received from Terry and Marla Mills and Matthew and Michele Rubel requesting annexation of a tract totaling 2.44 acres on Cougar Run, just northwest of the intersection of Bloomfield Road and Benton Hill Road. The Council accepted this petition at its June 6th meeting. As required, a formal public notice of the hearing was published in the Southeast Missourian on June 19, 2011. A public hearing was held at the Council's July 5, 2011 meeting. No one spoke at the public hearing. After the hearing and the mandatory 14 -day waiting period, if the City Council determines that the annexation is reasonable and necessary, it may annex the property by ordinance. Rezoning to the R-1 Single Family Suburban Residential District has also been requested by the property owners. A public hearing for the rezoning request was also held at the Council's July 5a' meeting. An ordinance to rezone the property to the R-1 Single Family Suburban Residential District is also on tonight's agenda for first reading. STAFF RECOMMENDATION Staff recommends that the City Council approve the first reading of the Ordinance. ATTACHMENTS • BILL NO. 11-126, Ordinance annexing 155 and 181 Cougar Run • Location Map • Annexation Petitions BILL NO. 11- 126 ORDINANCE NO. AN ORDINANCE ANNEXING LAND ON COUGAR RUN TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF MATTHEW AND MICHELE RUBEL AND TERRY AND MARLA MILLS WHEREAS, Matthew and Michele Rubel and Terry and Marla Mills have presented to the City Council of Cape Girardeau, Missouri, its Verified Petitions requesting annexation as the owners of all fee interest of record of certain tracts of land which they propose to be annexed to the City of Cape Girardeau, Mlissouri; and WHEREAS, a public hearing was held on July 5, 2011, after due notice was given according to Chapter 71.012 RSMo; and WHEREAS, at said public hearing all interested persons were allowed to present evidence regarding the proposed annexation; and WHEREAS, the City Council of Cape Girardeau has determined that the annexation is reasonable and necessary to the proper development of the City and, further, that the City has the ability to furnish normal municipal services to the area to be annexed within a reasonable time; and WHEREAS, the City Council has determined that the property proposed to be annexed is contiguous and compact and adjacent to the existing corporate limits of the City of Cape Girardeau, Missouri, and further, the land proposed to be annexed is in an unincorporated area. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, ✓IISSOURI, AS FOLLOWS: ARTICLE 1. That the corporate limits of the City of Cape Girardeau, Missouri, shall be extended so as to annex the following described unincorporated area of land which is adjacent to and contiguous and compact with the existing corporate limits of the City of Cape Girardeau, and to extend the limits of the city over said territory as described hereinbelow, to -wit. A certain tract of land owned by Matthew and Michele Rubel and Terry and Marla Mills and more particularly described as follows: MATTHEW AND MICHELE RUBEL That part of US.P. Survey No. 787, Township 30 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, the State of Missouri, described as follows: Commence at the northwest corner of Lot No. 5 of River Forest Subdivision, a subdivision in the County of Cape Girardeau, Missouri, recorded in the Land Records of said Cape Girardeau County in Plat Book 15 at page 65; thence South 320 28' 00" West with the west line of said subdivision, a distance of 471.25 feet to the Place of Beginning; thence continue South 320 28' 00" West, 136.08 feet to the northeast corner of a tract described in Deed Book 635 at page 246 of the Land Records of said County; thence North 57° 32'00" West, 385.53 feet; thence North 29' 35' S1" East, 136.25 feet; thence South 57' 32' 00" East, 392.35 feet to the Place of Beginning. TERRY AND MARLA MiIL-S Part of Survey 787, Township 30 North, Range 13 East in the County of Cape. Girardeau, Missouri, described as follows: Commence at the northeast corner of Survey 679, said point being on the south line of Survey 175 and the west line of Survey 174, Township 30 North, Range 13 East; thence North 84 degrees 00' West along the south line of Survey 175, 1198.70 feet; thence North 6 degrees 00' East, 384.81 feet; thence North 83 degrees 22' West, 801.30 feet to a point in the Old Bloomfield -Cape Girardeau Road; thence with the center of said road, South 41 degrees 55' West, 28.60 feet; thence South 31 degrees 07' West, 204.10 feet; thence South 37 degrees 13' West, 158.2 feet; thence South 75 degrees 37' West, 134.32 feet; thence South 47 degrees 20' West, 1566.75 feet to a point in the present Bloomfield -Cape Girardeau Road; thence with the center of said road, South 32 degrees 02' West 452.45 feet; thence South 29 degrees 33' West, 284.19 feet; thence North 54 degrees 38' West, 25.0 feet to a point on the northwesterly line of said road; thence North 84 degrees 17'West, 539.59 feet; thence South 32 degrees 28' 00" West, 335.18 feet to the point of beginning; thence continue South 32 degrees 28' 00" West, 136.08 feet; thence north 57 degrees 32' 00" West, 392.35 feet; thence North 29 degrees 35' 50" East, 136.25 feet to the southwest corner of a parcel described in Book 627, Page 271; thence South 57 degrees 32' 00" East along the south line of said parcel, 399.17 feet to the point of beginning. ARTICLE 2. This ordinance shall take effect and be in force from and after ten days after its final passage and approval. ARTICLE 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shallnot affect the validity of the remaining portions hereof. ARTICLE 4. That the City Clerk is authorized and directed to cause three (3) certified copies of this ordinance in its fmal form to be filed with the Clerk of Cape Girardeau County as provided by Section 71.012 RSMo. ARTICLE'S. That the City Council of Cape Girardeau, Missouri, does hereby find and determine that the annexation of the tract of land is reasonable and necessary to the proper development of the City and further, that the City has the ability to furnish normal municipal services to the area to be annexed within a reasonable time. Further, the City Council of Cape Girardeau, Missouri, finds and determines that with respect to the land to be annexed into the City of Cape Girardeau, Missouri, that all of the owners of all fee interest of record have requested such annexation by. appropriate Petition. PASSED AND APPROVED THIS DAY OF 12011. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Petition for Annexation - - 4 Acres - 155 & 181 Cougar Run 2485 ---------------- 2741 2765 259 Annexation Request for 2.44 acres 4218 V 2771 2771 11, 1001 • 4286 27 2899 269 21596 COBBLESTONE 4298 c"G 186 Cougar Run Annexation • Water Meters 2899 TZML-Q! waterlines I A I City Limits Line i1 W Sanitary Lines L—Li jision of Planning Services May 27, 2011 IN RE: ANNEXATION TERRY G. MILLS AND MARLA J. MILLS Petitioners. PETITION FOR ANNEXATION 1. Come now Terry G. Mills and Marla J. Mills, and state that they are the owners of all fee interest of record in the following described real property, being in the Cape Girardeau County, Missouri: Part of Survey 787, Township 30 North, Range 13 East in the County of Cape Girardeau, Missouri, described as follows: Commence at the northeast comer of Survey 679, said point being on the south line of Survey 175 and the west line of Survey 174, Township 30 North, Range 13 East; thence North 84 degrees 00' West along the south line of Survey 175, 1198.70 feet; thence North 6 degrees 00' East, 384.81 feet; thence North 83 degrees 22' West, 801.30 feet to a point in the Old Bloomfield -Cape Girardeau Road; thence with the "center of said road, South 41 degrees 55' .West, 28.60 feet; thence South 31 degrees 07' West, 204.10 feet; thence South 37 degrees 13' West, 158.2 feet; thence South 75 degrees 37' West, 134.32 feet; thence South 47 degrees 20' West, 1566.75 feet to a point in the present Bloomfield -Cape Girardeau Road; thence with the center of said road, South 32 degrees 02' West 452.45 feet; thence South 29 degrees 33' West, 284.19 feet; thence North 54 degrees 38' West, 25.0 feet to a point on the northwesterly line of said road; thence North 84 degrees 17' West, 539.59 feet; thence South 32 degrees 28' 00" West, 335.18 feet to the point of beginning; thence continue South 32 degrees 28' 00" West, 136.08 feet; thence north 57 degrees 32' 00" West, 392.35 feet; thence North 29 degrees 35' 50" East, 136.25 feet to the southwest comer of a parcel described in Book 627, Page 271; thence South 57 degrees 32' 00" East along the south line of said parcel, 399.17 feet to the point of beginning. 2. Terry G. Mills and Marla J. Mills, are desirous of having the above described real property annexed to and included within the City limits of the City of Cape Girardeau, Missouri and being presently unincorporated contiguous to the corporate limits of the City of Cape Girardeau, Missouri. 3. This Petition shall be a continuing obligation running with the land, and shall bind the subsequent owners, their heirs, executors, administrators, successors, assigns, or legal representatives. It is understood that this instrument will be _recorded in the office of the Recorder of Deeds of Cape Girardeau County and shall be of record. WHEREFORE, Terry G. Mills and Marla J. Mills respectfully request that the City Council of the City of Cape Girardeau, Missouri, extend the limits of the City of Cape Girardeau, Missouri, by ordinance to include the above described real estate, taking whatever action necessary to facilitate said annexation so as to include said real estate property within the City limits of the City of Cape Girardeau, Missouri. _ G. Mills J. Mills STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this 5-fk day of 10 a In 2011, before me appeared Terry G. Mills and Marla J. Mills, husband and wife, to me personally known, who, being by me duly sworn; state that they have read the foregoing Petition for Annexation and that the same is true and correct to the best of their knowledge, information, and belief. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. �Y¢!i''• MA lMIBPOWN Noway;=_ i E10183 SEAL. —? Cap Gimr4au County Notary Public %:y� Commission 10940M My Commission Expires: IN RE: ANNEXATION MATTHEW S. RUBEL AND MICHELE R. RUBEL, busband and wife Petitioners. PETITION FOR ANNEXATION 1. Come now Matthew S. Rubel and Michele R Rubel, husband and wife, and state that they are the owners of all fee interest of record in the following described real property, being in the Cape Girardeau County, Missouri: Matthew S. Rubel and Michele R. Rubel, husband and wife That part of U.S.P. Survey No. 787, Township 30 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, the State of Missouri, described as follows: Commence at the northwest corner of Lot No. 5 of River Forest Subdivision, a subdivision in the County of Cape Girardeau, Missouri, recorded in the Land Records of said Cape Girardeau County in Plat Book 15 at page 65; thence South 32° 28' 00" West with the west line of said subdivision, a distance of 471.25 feet to the Place of Beginning; thence continue South 32° 28' 00" West, 136.08 feet to the northeast comer of a tract described in Deed Book 635 at page 246 of the Land Records of said County; thence North 57° 32' 00" West, 385.53 feet; thence North 290 35' 51" East, 136.25 feet; thence South 570 32' 00" East, 392.35 feet to the Place of Beginning. 2. Matthew S. Rubel and Michele R. Rubel, husband and wife, are desirous of having the above described real property annexed. to and included within the City limits of the City of Cape Girardeau, Missouri and being presently unincorporated contiguous to the corporate limits of the City of Cape Girardeau, Missouri. 3. This Petition shall be a continuing obligation running with the land, and shall bind the subsequent owners, their heirs, executors, administrators, successors, assigns, or legal representatives. It is understood that this instrument will be recorded in the office of the Recorder of Deeds of Cape Girardeau County and shall be of record. WHEREFORE, Matthew S. Rubel and Michele R. Rubel, husband and wife, respectfully request that the City Council of the City of Cape Girardeau, Missouri, extend the limits of the City of Cape Girardeau, Missouri, by ordinance to include the above described real estate, taking whatever action necessary to facilitate said annexation so as to include said real estate property within the City limits of the City of Cape Girardeau, Missouri. Matthew . ubel dl-"7�zto Michele R. Rubel STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this 9$'- day of k t -y - y 2011, before me appeared Matthew S. Rubel and Michele R. Rubel, husband and wife, to me persdnally known, who, being by me duly sworn, state that they have read the foregoing Petition for Annexation and that the same is true and correct to the best of their knowledge, information, and belief. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. . Notary Public •;�pjlYPI), :`o..•....,Bli� IAWNtULAUS htyConmissionW�es My Commission Expires: _ ; NOTAAY':,t Aqust4,2011 ;y'•. SEAL.. - Scot Count . _ .-, . 'pc'V,� Commisam 1074W54 Development Services SUBJECT Ordinance to Zone Property Located at 155 & 181 Cougar Run to the R-1 (Single -Family Suburban Residential) District. EXECUTIVE SUMMARY This Ordinance would zone the property located at 155 and 181 Cougar Run to the R-1 Single Family Suburban Residential District. A separate agenda item calls for the first reading of an Ordinance for the annexation of 155 and 181 Cougar Run. The property owners, Matthew and Michele Rubel and Terry and Marla Mills, have requested this annexed property be zoned in the R-1 (Single -Family Suburban Residential) District when the annexation is completed. BACKGROUNDIDIS CUSSION The property owners completed an annexation agreement and petition to receive City water service. Their properties are contiguous to the city limits. Adjacent property inside the city limits is currently zoned R-1. The future land use plan recommends low density residential uses for this property. STAFF RECOMMENDATION Staff recommends approval of this zoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended approval of this zoning request at their June 8, 2011, meeting with a vote of 7 in favor, 0 in opposition and 0 abstaining. PUBLIC OUTREACH There was a Public Hearing at the June 8, 2011 Planning and Zoning Commission meeting and at the July 5, 2011 City Council meeting. A sign was posted on the property on June 1, 2011 and a public hearing notice was published in the Southeast Missourian Newspaper on June 19, 2011. ATTACHMENTS • BILL N0. 11-127, Ordinance Zoning property at 155 and 181 Cougar Run to the R-1 District. • Zoning Aerial Map • Staff Review Form BILL NO. 11-127 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ZONING 155 AND 181 COUGAR RUN, LOCATED IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AS R-1 WHEREAS, the City Planning and Zoning Commission has recommended zoning all of the property described in Article 1 of this Ordinance as R-1, Single-family Suburban Residential 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, July 5, 2011 and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to zone the property described in Article 1 to R-1, Single-family Suburban Residential 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 zone the property located at 155 and 181 Cougar Run to R-1, Single-family Suburban Residential District, said area including the following described property: Tract 1 Part of Survey 787, Township 30 North, Range 13 East in the County of Cape Girardeau, Missouri, described as follows: Commence at the northeast corner of Survey 679, said point being on the south line of Survey 175 and the west line of Survey 174, Township 30 North, Range 13 East; thence North 84 degrees 00' West along the south line of Survey 175,1198.70 feet; thence North 6 degrees 00' East, 384.81 feet; thence North 83 degrees 22' West, 801.30 feet to a point in the Old Bloomfield -Cape Girardeau Road; thence with the center of said road, South 41 degrees 55' West, 28.60 feet; thence South 31 degrees 01' West, 204.10 feet; thence South 37 degrees 13' West, 158.2 feet; thence South 75 degrees 31' West, 134.32 feet; thence South 47 degrees 20' West, 1566.75 feet to a point in the present Bloomfield -Cape Girardeau Road; thence with the center of said road, South 32 degrees 02' West 452.45 feet; thence South 29 degrees 33' West, 284.19 feet; thence North 54 degrees 38' West, 25.0 feet to a.point on the northwesterly line of said road; thence North 84 degrees 11' West, 539.59 feet; thence South 32 degrees 28' 00" West, 335.18 feet to the point of beginning; thence continue South 32 degrees 28' 00" West, 136.08 feet; thence north 57 degrees 32' 00" West, 392.35 feet; thence North 29 degrees 35' 50" East, 136.25 feet to the southwest corner of a parcel described in Book 627, Page 271; thence South 57 degrees 32' 00" East along the south line of said parcel, 399.17 feet to the point of beginning. Tract 2 That part of U.S.P. Survey No. 787, Township 30 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, the State of Missouri, described as follows: Commence at the northwest corner of Lot No. 5 of River Forest Subdivision, a subdivision in the County of Cape Girardeau, Missouri, recorded in the Land Records of said Cape Girardeau County in Plat Book 15 at page 65; thence South 320 28' 00" West with the west line of said subdivision, a distance of 471.25 feet to the Place of Beginning; thence continue South 320 28' 00" west, 136.08 feet to the northeast corner of a tract described in Deed Book 635 at page 246 of the Land Records of said County; thence North 570 32' 00" West, 385.53 feet; thence North 290 35' 51" East, 136.25 feet; thence South 570 32' 00" East, 392.35 feet to the Place of Beginning. Article 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of an R-1, Single-family Suburban Residential 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. 2 PASSED AND APPROVED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Zoning Map - 155 & 181 Cougar Run A: t„ r3 Vr �,P �• _K rJ.e Y'u��b{teaProperty • v 'a rt..''•� o L f . R-1 ' Zoning t)JGf .f " ray "`F ✓i ..: ,�'..�.�;� 9 "h` > :i f r N •9h� , � +� a s,+ ,ti •y 3pC 'F E +;,' P =.k.• � tic K Ua' br z •� � r�ii�' '" ., f �-I�i mor Legend VOR 't ��•��:�� %tc�-v_+S- s - - City Limits Streets Division of Planning Services - 0 Parcels May 31, 2011 7EJ O Proposed Zoning 95 90 380 Feet` 'vZoning District . ;. T., •M,�, Z.- - ® R-1- SINGLE FAMILY SUBURBAN RESIDENTIAL DIST. CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Special. Use Permit/Rezoning File No.1251 Address of Property 155 and 181 CougaY Run Staff Review and Comments: It is the request of Matthew and Michele Rubel at 155 Cougar Run and Terry and Marla Mills at 181 Cougar Run. to zone their properties to the R-1 (Single -Family Suburban Residential) District. These property owners completed an annexation agreement and petition to receive City water services. Their properties are contiguous to the city limits. A resolution will be presented to the City Council on June 6, 2011 to accept their annexation requests. Adjacent property inside the city limits is currently zoned R-1. 5_3t.It Planne Date �... u.e.••.. v......•.e..••s ...........••.... v..evee•..v... .... a... .. •.....• anger Date .......... e...............•...•...••....................//.................. 1 Posting Date for Planning and Zoning Commission Public Hearing: I..............................................•......:........................ Planning and Zoning Commission Recommendations: q??Paved mZb" Wn + q i vt -�aUCX ®l!w most nm , I......e.e.............................................................. e...... Posting Date for City Council Public Hearing: i - 10- ...No ........ a ................... a ................. woo ............. a.... a...... Council Action: Favor: Oppose: Abstain: Revised srz7as, _J Development Services SUBJECT Ordinance Amending the Ward Boundary of Ward 6 to Include Annexed Property at 155 and 181 Cougar Run EXECUTIVE SUMMARY This ordinance amends the ward boundary for Ward 6 to include the property being annexed at 155 and 181 Cougar Run. BACKGROUND/DISCUSSION Property at 155 and 181 Cougar Run is being annexed into the City limits. The ward boundary for Ward 6 needs to be amended to include these properties. STAFF RECOMMENDATION It is recommended that the City Council approve the first reading of the ordinance to amend the ward boundary for Ward 6. ATTACHMENTS • Map showing property at 155 and 181 Cougar Run • BILL NO. 11-128, Ordinance Amending Ward 6 Boundary Petition for Annexation - i.., Acres - 155 & 181 Cougar Run 6 2485 2741 2765 259 Annexation Request for 2.44 acres 4218 2771 2771 1001 1 • 7 2899 4286 Q- P 2696 0 0 m� 2696 - - - COBBLESTONE ZZ - 4298 0 186 ®- Cougar Run Annexation • water Meters 2899 Os - = water -lines City Limits Line W r Sanitary Lines Division of Planning Services May 27, 2011 4 BILL NO. 11-128 ORDINANCE NO. AN ORDINANCE AMENDING THE BOUNDARIES OF WARD 6 TO INCLUDE PROPERTY ANNEXED BY THE CITY OF CAPE GIRARDEAU LOCATED AT 155 AND 181 COUGAR RUN, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 1-14(f) of the Code of Ordinances of the City of Cape Girardeau is hereby amended by repealing the legal description of the boundaries of "Ward 6" in its entirety and enacting a new legal description of the boundaries of "Ward 6", in words and figures, to read as follows: WARD 6 Beginning at the point of 1089672.099 ft and 539474.701 ft; thence in a southeasterly direction at the heading of 84 degrees, 17 minutes, 5.86 seconds the distance of 897.762 ft; thence in a southeasterly direction at the heading of 84 degrees, 15 minutes, 54.76 seconds the distance of 1036.789 ft; thence in a southeasterly direction at the heading of 81 degrees, 49 minutes, 11.17 seconds the distance of 16.164 ft; thence in a southeasterly direction at the heading of 77 degrees, 35 minutes, 53.90 seconds the distance of 19.556 ft; thence in a southeasterly direction at the heading of 65 degrees, 14 minutes, 45.85 seconds the distance of 113.202 ft; thence in a southeasterly direction at the heading of 63 degrees, 56 minutes, 40.14 seconds the distance of 226.299 ft; thence in a southeasterly direction at the heading of 65 degrees, 59 minutes, 40.13 seconds the distance of 27.039 ft; thence in a southeasterly direction at the heading of 73 degrees, 27 minutes, 17.41 seconds the distance of 24.932 ft; 11 thence in a southeasterly direction at the heading of 80 degrees, 14 minutes, 26.23 seconds the distance of 25.367 ft; thence in a southeasterly direction at the heading of 89 degrees, 7 minutes, 6.95 seconds the distance of 26.003 ft; thence in a northeasterly direction at the heading of 88 degrees, 32 minutes, 2.94 seconds the distance of 946.01 ft; thence in a southwesterly direction at the heading of 0 degrees, 55 minutes, 26.56 seconds the distance of 37.205 ft; thence in a southwesterly direction at the heading of 0 degrees, 36 minutes, 29.05 seconds the distance of 339.219 ft; thence in a southwesterly direction at the heading of 1 degrees, 31 minutes, 18.23 seconds the distance of 52.719 ft; thence in a southwesterly direction at the heading of 9 degrees, 34 minutes, 59.91 seconds the distance of 202.425 ft; thence in a southeasterly direction at the heading of 1 degrees, 25 minutes, 39.49 seconds the distance of 224.77 ft; thence in a southwesterly direction at the heading of 2 degrees, 59 minutes, 3.42 seconds the distance of 21.129 ft; thence in a southwesterly direction at the heading of 6 degrees, 25 minutes, 24.49 seconds the distance of 30.391 ft; thence in a southeasterly direction at the heading of 83 degrees, 12 minutes, 48.29 seconds the distance of 56.697 ft; thence in a southeasterly direction at the heading of 82 degrees, 40 minutes, 24.94 seconds the distance of 56.461 ft; thence in a southeasterly direction at the heading of 79 degrees, 39 minutes, 23.37 seconds the distance of 66.277 ft; thence in a southeasterly direction at the heading of 77 degrees, 57 minutes, 26.73 seconds the distance of 122.70 ft; thence in a southeasterly direction at the heading of 76 degrees, 19 minutes, 4.93 seconds the distance of 86.395 ft; 2 thence in a southwesterly direction at the heading of 7 degrees, 26 minutes, 51.95 seconds the distance of 347.497 ft; thence in a southwesterly direction at the heading of 51 degrees, 44 minutes, 9.87 seconds the distance of 55.507 ft; thence in a southwesterly direction at the heading of 42 degrees, 52 minutes, 44.24 seconds the distance of 72.367 ft; thence in a southwesterly direction at the heading of 33 degrees, 20 minutes, 26.75 seconds the distance of 86.148 ft; thence in a southwesterly direction at the heading of 32 degrees, 6 minutes, 6.67 seconds the distance of 357.955 ft; thence in a southeasterly direction at the heading of 43 degrees, 43 minutes, 11.50 seconds the distance of 25.321 ft; thence in a southeasterly direction at the heading of 37 degrees, 21 minutes, 14.76 seconds the distance of 65.70 ft; thence in a southeasterly direction at the heading of 35 degrees, 23 minutes, 52.86 seconds the distance of 72.226 ft; thence in a southeasterly direction at the heading of 29 degrees, 56 minutes, 21.22 seconds the distance of 58.508 ft; thence in a southeasterly direction at the heading of 24 degrees, 29 minutes, 37.09 seconds the distance of 66.813 ft; thence in a southeasterly direction at the heading of 18 degrees, 27 minutes, 53.98 seconds the distance of 60.305 ft; thence in a southeasterly direction at the heading of 13 degrees, 25 minutes, 58.20 seconds the distance of 46.06 ft; thence in a southeasterly direction at the heading of 7 degrees, 41 minutes, 56.28 seconds the distance of 105.249 ft; thence in a southeasterly direction at the heading of 6 degrees, 37 minutes, 45.35 seconds the distance of 610.683 ft; thence in a southeasterly direction at the heading of 6 degrees, 54 minutes, 56.64 seconds the distance of 1453.374 ft; 3 thence in a southeasterly direction at the heading of 11 degrees, 59 minutes, 0.85 seconds the distance of 56.639 ft; thence in a southeasterly direction at the heading of 21 degrees, 5 minutes, 18.01 seconds the distance of 52.083 ft; thence in a southeasterly direction at the heading of 28 degrees, 48 minutes, 34.57 seconds the distance of 842.705 ft; thence in a southeasterly direction at the heading of 28 degrees, 29 minutes, 36.35 seconds the distance of 578.128 ft; thence in a northeasterly direction at the heading of 65 degrees, .0 minutes, 48.27 seconds the distance of 352.269 ft; thence in a northeasterly direction at the heading of 55 degrees, 11 minutes, 42.26 seconds the distance of 188.162 ft; thence in a northeasterly direction at the heading of 50 degrees, 3 minutes, 32.60 seconds the distance of 335.983 ft; thence in a northeasterly direction at the heading of 45 degrees, 44 minutes, 6.91 seconds the distance of 71.115 ft; thence in a northeasterly direction at the heading of 48 degrees, 15 minutes, 9.46 seconds the distance of 99.818 ft; thence in a northeasterly direction at the heading of 37 degrees, 14 minutes, 15.44 seconds the distance of 65.441 ft; thence in a northeasterly direction at the heading of 27 degrees, 27 minutes, 48.04 seconds the distance of 128.366 ft; thence in a northeasterly direction at the heading of 16 degrees, 56 minutes, 51.27 seconds the distance of 95.027 ft; thence in a northeasterly direction at the heading of 10 degrees, 56 minutes, 3.91 seconds the distance of 212.457 ft; thence in a northeasterly direction at the heading of 17 degrees, 45 minutes, 4.54 seconds the distance of 66.254 ft; thence in a northeasterly direction at the heading of 33 degrees, 20 minutes, 33.16 seconds the distance.of 68.59 ft; 2 thence in a northeasterly direction at the heading of 55 degrees, 46 minutes, 42.73 seconds the distance of 65.79 ft; thence in a northeasterly direction at the heading of 70 degrees, 14 minutes, 21.60 seconds the distance of 44.905 ft; thence in a northeasterly direction at the heading of 82 degrees, 2 minutes, 24.69 seconds the distance of 43.458 ft; thence in a southeasterly direction at the heading of 81 degrees, 59 minutes, 6.16 seconds the distance of 133.404 ft; thence in a southeasterly direction at the heading of 79 degrees, 39 minutes, 20.98 seconds the distance of 65.159 ft; thence in a northeasterly direction at the heading of 82 degrees, 0 minutes, 24.96 seconds the distance of 53.217 ft; thence in a northeasterly direction at the heading of 67 degrees, 25 minutes, 1.67 seconds the distance of 47.654 ft; thence in a northeasterly direction at the heading of 54 degrees, 10 minutes, 42.66 seconds the distance of 79.793 ft; thence in a northeasterly direction at the heading of 48 degrees, 27 minutes, 3.97 seconds the distance of 157.405 ft; thence in a northeasterly direction at the heading of 55 degrees, 4 minutes, 50.15 seconds the distance of 38.782 ft; thence in a northeasterly direction at the heading of 61 degrees, 32 minutes, 58.11 seconds the distance of 331.654 ft; thence in a northeasterly direction at the heading of 67 degrees, 9 minutes, 32.78 seconds the distance of 153.54 ft; thence in a northeasterly direction at the heading of 69 degrees, 38 minutes, 8.14 seconds the distance of 612.374 ft; thence in a northeasterly direction at the heading of 63 degrees, 58 minutes, 19.03 seconds the distance of 310.156 ft; thence in a northeasterly direction at the heading of 69 degrees, 30 minutes, 13.15 seconds the distance of 101.10 ft; 5 thence in a northeasterly direction at the heading of 75 degrees, 5 minutes, 57.11 seconds the distance of 313.44 ft; thence in a northeasterly direction at the heading of 79 degrees, 45 minutes, 33.53 seconds the distance of 39.936 ft; thence in a northeasterly direction at the heading of 88 degrees, 9 minutes, 20.49 seconds the distance of 55.929 ft; thence in a southeasterly direction at the heading of 83 degrees, 53 minutes, 9.03 seconds the distance of 151.16 ft; thence in a southwesterly direction at the heading of 20 degrees, 14 minutes, 17.77 seconds the distance of 21.103 ft; thence in a southwesterly direction at the heading of 6 degrees, 22 minutes, 24.52 seconds the distance of 1862.914 ft; thence in a southeasterly direction at the heading of 82 degrees, 47 minutes, 41.89 seconds the distance of 763.831 ft; thence in a southeasterly direction at the heading of 83 degrees, 25 minutes, 45.99 seconds the.distance of 76.905 ft; thence in a southeasterly direction at the heading of 67 degrees, 58 minutes, 32.50 seconds the distance of 95.467 ft; thence in a southeasterly direction at the heading of 80 degrees, 59 minutes, 12.46 seconds the distance of 44.044 ft; thence in a southeasterly direction at the heading of 83 degrees, 10 minutes, 12.96 seconds the distance of 209.386 ft; thence in a southeasterly direction at the heading of 86 degrees, 45 minutes, 50.79 seconds the distance of 28.345 ft; thence in a northeasterly direction at the heading of 67 degrees, 42 minutes, 22.94 seconds the distance of 10.808 ft; thence in a northeasterly direction at the heading of 56 degrees, 47 minutes, 5.09 seconds the distance of 10.04 ft; thence in a northeasterly direction at the heading of 46 degrees, 9 minutes, 12.42 seconds the distance of 10.538 ft; 3 thence in a northeasterly direction at the heading of 28 degrees, 39 minutes, 6.58 seconds the distance of 11.054 ft; thence in a northeasterly direction at the heading of 14 degrees, 40 minutes, 4.17 seconds the distance of 15.402 ft; thence in a southwesterly direction at the heading of 5 degrees, 51 minutes, 51.46 seconds the distance of 582.348 ft; thence in a southwesterly direction at the heading of 6 degrees, 30 minutes, 23.50 seconds the distance of 1271.747 ft; thence in a southwesterly direction at the heading of 11 degrees, 53 minutes, 38.13 seconds the distance of 431.13 ft; thence in a southwesterly direction at the heading of 11 degrees, 34 minutes, 52.59 seconds the distance of 70.403 ft; thence in a southwesterly direction at the heading of 5 degrees, 10 minutes, 15.13 seconds the distance of 1122.87 ft; thence in a southwesterly direction at the heading of 13 degrees, 54 minutes, 13.87 seconds the distance of 94.468 ft; thence in a southwesterly direction at the heading of 24 degrees, 38 minutes, 4.07 seconds the distance of 119.474 ft; thence in a southwesterly direction at the heading of 35 degrees, 18 minutes, 31.84 seconds the distance of 328.902 ft; thence in a southwesterly direction at the heading of 25 degrees, 22 minutes, 4.25 seconds the distance of 100.60 ft; thence in a southwesterly direction at the heading of 10 degrees, 17 minutes, 25.14 seconds the distance of 105.802 ft; thence in a southeasterly direction at the heading of 3 degrees, 38 minutes, 23.99 seconds the distance of 125.988 ft; thence in a southeasterly direction at the heading of 12 degrees, 25 minutes, 49.20 seconds the distance of 436.703 ft; thence in a southwesterly direction at the heading of 77 degrees, 31 minutes, 6.82 seconds the distance of 3293.027 ft; 7 thence ina southwesterly direction at the heading of 82 degrees, 4 minutes, 32.45 seconds the distance of 55.126 ft; thence in a southwesterly direction at the heading of 89 degrees, 46 minutes, 14.12 seconds the distance of 99.901 ft; thence in a northwesterly direction at the heading of 80 degrees, 3 minutes, 40.84 seconds the distance of 90.965 ft; ' thence in a northwesterly direction at the heading of 70 degrees, 20 minutes, 14.90 seconds the distance of 177.128 ft; thence in a southwesterly direction at the heading of 21 degrees, 41 minutes, 40.98 seconds the distance of 727.964 ft; thence in a southwesterly direction at the heading of 21 degrees, 54 minutes, 11.84 seconds the distance of. 2454.153 ft; thence in a southwesterly direction at the heading of 22 degrees, 1 minutes, 43.11 seconds the distance of 416.722 ft; thence in a southwesterly direction at the heading of 24 degrees, 14 minutes, 59.30 seconds the distance of 390.781 ft; 1 thence in a southwesterly direction at the heading of 27 degrees, 33 minutes, 7.00 seconds the distance of 254.458 ft; thence in a southwesterly direction at the heading of 29 degrees, 43 minutes, 51.22 seconds the distance of 203.256 ft; thence in a southeasterly direction at the heading of 35 degrees, 11 minutes,' 11.34 seconds the distance of 53.103 ft; thence in a southeasterly direction at the heading of 19 degrees, 6 minutes, 51.13 seconds the distance of 130.706 ft; thence in a southeasterly direction at the heading of 6 degrees, 0 minutes, 57.57 seconds the distance of 128.809 ft; thence in a southwesterly direction at the heading of 12 degrees, 43 minutes, 27.97 seconds the distance of 2233.247 ft; thence in a southwesterly direction at the heading of 11 degrees, 51 minutes, 27.01 seconds the distance of 123.127 ft; thence in a southwesterly direction at the heading of 8 degrees, 55 minutes, 5.42 seconds the distance of 136.753 ft; thence in a southwesterly direction at the heading of 5 degrees, 54 minutes, 36.68 seconds the distance of 145.674 ft; thence in a southwesterly direction at the heading of 3 degrees, 3 minutes, 19.72 seconds the distance of 176.351 ft; thence in a southwesterly direction at the heading of 0 degrees, 18 minutes, 17.14 seconds the distance of 75.201 ft; thence in a southeasterly direction at the heading of 6 degrees, 4 minutes, 38.39 seconds the distance of 74.619 ft; thence in a southeasterly direction at the heading of 1 degrees, 58 minutes, 15.38 seconds the distance of 49.429 ft; thence in a southwesterly direction at the heading of 2 degrees, 38 minutes, 39.97 seconds the distance of 93.199 ft; thence in a southeasterly direction at the heading of 1 degrees, 0 minutes, 44.03 seconds the distance of 449.504 ft; thence following the southern city limits of the City of Cape Girardeau as of July 22, 2011; thence following the western city limits of the City of Cape Girardeau as of July 22, 2011; thence from the point located at 1080858.26 ft and 553410.57 ft; thence in a southeasterly direction at the heading of 58 degrees, 15 minutes, 45.68 seconds the distance of 346.403 ft; thence in a southeasterly direction at the heading of 59 degrees, 14 minutes, 47.90 seconds the distance of 826.646 ft; thence in a southeasterly direction at the heading of 58 degrees, 47 minutes, 51.44 seconds the distance of 630.04 ft; thence in a southeasterly direction at the heading of 59 degrees, 0 minutes, 44.79 seconds the distance of 454.111 ft; thence in a southeasterly direction at the heading of 58 degrees, 6 minutes, 22.92 seconds the distance of 304.347 ft; C thence in a southeasterly direction at the heading of 52 degrees, 22 minutes, 56.92 seconds the distance of 271.303 ft; thence in a southeasterly direction at the heading of 46 degrees, 21 minutes, 6.70 seconds the distance of 335.686 ft; thence in a southeasterly direction at the heading of 41 degrees, 31 minutes, 30.90 seconds the distance of 338.336 ft; thence in a southeasterly direction at the heading of 45 degrees, 31 minutes, 23.02 seconds the distance of 317.575 ft; thence in a southeasterly direction at the heading of 49 degrees, 59 minutes, 21.31 seconds the distance of 3192.876 ft; thence in a southeasterly direction at the heading of 53 degrees, 49 minutes, 8.84 seconds the distance of 109.768 ft; thence in a southeasterly direction at the heading of 56 degrees, 37 minutes, 4.44 seconds the distance of 118.68 ft; thence in a southeasterly direction at the heading of 61 degrees, 56 minutes, 51.64 seconds the distance of 167.135 ft; thence in a southeasterly direction at the heading of 65 degrees, 52 minutes, 7.23 seconds the distance of 317.003 ft; thence in a southeasterly direction at the heading of 70 degrees, 22 minutes, 44.19 seconds the distance of 470.521 ft; thence in a southeasterly direction at the heading of 63 degrees, 9 minutes, 33.34 seconds the distance of 269.539 ft; thence in a southeasterly direction at the heading of 58 degrees, 55 minutes, 0.76 seconds the distance of 65.856 ft; thence in a southeasterly direction at the heading of 54 degrees, 31 minutes, 45.28 seconds the distance of 527.497 ft; thence in a southeasterly direction at the heading of 54 degrees, 5 minutes, 21.20 seconds the distance of 151.741 ft; thence in a southeasterly direction at the heading of 55 degrees, 14 minutes, 33.41 seconds the distance of 2020.513 ft; M thence in a southwesterly direction at the heading of 23 degrees, 10 minutes, 58.89 seconds the distance of 44.709 ft; thence in a southwesterly direction at the heading of 18 degrees, 55 minutes, 52.21 seconds the distance of 47.468 ft; thence in a southwesterly direction at the heading of 11 degrees, 24 minutes, 11.80 seconds the distance of 60.188 ft; thence in a southwesterly direction at the heading of 11 degrees, 4 minutes, 29.47 seconds the distance of 52.579 ft; thence in a southwesterly direction at the heading of 1 degrees, 22 minutes, 26.36 seconds the distance of 54.216 ft; thence in a southwesterly direction at the heading of 4 degrees, 31 minutes, 47.34 seconds the distance of 56.978 ft; thence in a southwesterly direction at the heading of 15 degrees, 31 minutes, 31.83 seconds the distance of 219.302 ft; thence in a southwesterly direction at the heading of 10 degrees, 47 minutes, 54.16 seconds the distance of 57.111 ft; thence in a southwesterly direction at the heading of 7 degrees, 59 minutes, 50.90 seconds the distance of 48.875 ft; thence in a southwesterly direction at the heading of 2 degrees, 46 minutes, 27.40 seconds the distance of 45.453 ft; thence in a southeasterly direction at the heading of 0 degrees, 49 minutes, 57.82 seconds the distance of 34.404 ft; thence in a southeasterly direction at the heading of 3 degrees, 45 minutes, 24.68 seconds the distance of 73.257 ft; thence in a southeasterly direction at the heading of 8 degrees, 20 minutes, 14.80 seconds the distance of 70.343 ft; thence in a southeasterly direction at the heading of 10 degrees, 1 minutes, 25.71 seconds the distance of 503.282 ft; thence in a southeasterly direction at the heading of 8 degrees, 4 minutes, 50.09 seconds the distance of 81.812 ft; 11 thence in a southeasterly direction at the heading of 3 degrees, 57 minutes, 38.91 seconds the distance of 88.311 ft; thence in a southwesterly direction at the heading of 0 degrees, 0 minutes, 0 seconds the distance of 76.20 ft; thence in a southwesterly direction at the heading of 3 degrees, 56 minutes, 17.02 seconds the distance of 82.996 ft; thence in a southwesterly direction at the heading of 5 degrees, 42 minutes, 16.43 seconds the distance of 472.842 ft; thence in a southwesterly direction at the heading of 3 degrees, 18 minutes, 59.08 seconds the distance of 60.501 ft; thence in a southwesterly direction at the heading of 0 degrees, 37 minutes, 46.55 seconds the distance of 54.603 ft; thence in a southeasterly direction at the heading of 4 degrees, 11 minutes, 20.84 seconds the distance of 331.285 ft; thence in a southeasterly direction at the heading of 4 degrees, 5 minutes, 8.22 seconds the distance of 332.645 ft; thence in a southeasterly direction at the heading of 4 degrees, 30 minutes, 47.18 seconds the distance of 510.884 ft; thence in a southeasterly direction at the heading of 5 degrees, 7 minutes, 7.31 seconds the distance of 61.646 ft; thence in a southeasterly direction at the heading of 1 degrees, 5 minutes, 58.53 seconds the distance of 52.11 ft; thence in a southwesterly direction at the heading of 1 degrees, 54 minutes, 32.95 seconds the distance of 42.023 ft; thence in a southwesterly direction at the heading of 4 degrees, 38 minutes, 20.01 seconds the distance of 675.112 ft; thence in a southwesterly direction at the heading of 4 degrees, 33 minutes, 42.81 seconds the distance of 360.843 ft; thence in a southwesterly direction at the heading of 4 degrees, 40 minutes, 38.18 seconds the distance of 349.115 ft; 12 thence in a southwesterly direction at the heading of 4 degrees, 45 minutes, 55.00 seconds the distance of 398.826 ft; thence in a southwesterly direction at the heading of 6 degrees, 3 minutes, 49.05 seconds the distance of 109.814 ft; thence in a southwesterly direction at the heading of 4 degrees, 41 minutes, 52.07 seconds the distance of 354.09 ft; thence in a southwesterly direction at the heading of 4 degrees, 51 minutes, 46.81 seconds the distance of 723.103 ft; thence in a southwesterly direction at the heading of 4 degrees, 49 minutes, 35.44 seconds the distance of 946.055 ft; thence being the point of beginning of the ward herein described. TERRY MILLS AND MARLA MILLS Part of Survey 787, Township 30 North, Range 13 East in the County of Cape Girardeau, Missouri, described as follows: Commence at the northeast corner of Survey 679, said point being on the south line of Survey 175 and the west line of Survey 174, Township 30 North, Range 13 East; thence North 84 degrees 00' West along the south line of Survey 175,1198.70 feet; thence North 6 degrees 00' East, 384.81 feet; thence North 83 degrees 22' west, 801.30 feet to a point in the old Bloomfield -Cape Girardeau Road; thence with the center of said road, South 41 degrees 55' West, 28.60 feet; thence South 31 degrees 01' West, 204.10 feet; thence South 37 degrees 13' West, 158.2 feet; thence South 75 degrees 31' West, 134.32 feet; thence South 47 degrees 20' West, 1566.75 feet to a point in the present Bloomfield -Cape Girardeau Road; thence with the center of said road, South 32 degrees 02' West 452.45 feet; thence South 29 degrees 33' West, 284.19 feet; thence North 54 degrees 38' West, 25.0 feet to a point on the northwesterly line of said road; thence North 84 degrees 11' West, 539.59 feet; thence South 32 degrees 28' 00" West, 335.18 feet to the point of beginning; thence continue South 32 degrees 28' 00" West, 136.08 feet; thence north 57 degrees 32' 00" West, 392.35 feet; thence North 29 degrees 35' 50" East, 136.25 feet to the southwest corner of a parcel described in Book 627, Page 271; thence South 57 degrees 32' 00" 13 East along the south line of said parcel, 399.17 feet to the point of beginning. MATTHEW S. RUBEL AND MICHELE R.RUBEL That part of U.S.P. Survey No. 787, Township 30 North, Range 13 East of the Fifth Principal Meridian in the County of Cape Girardeau, the State of Missouri, described as follows: Commence at the northwest corner of Lot No. 5 of River Forest Subdivision, a subdivision in the County of Cape Girardeau, Missouri, recorded in the Land Records of said Cape Girardeau County in Plat Book 15 at page 65; thence South 320 28' 00" West with the west line of said subdivision, a distance of 471.25 feet to the Place of Beginning; thence continue South 320 28' 00" West, 136.08 feet to the northeast corner of a tract described in Deed Book 635 at page 246 of the Land Records of said County; thence North 570 32' 00" west, 385.53 feet; thence North 290 35' 51" East, 136.25 feet; thence South 570 32' 00" East, 392.35 feet to the Place of Beginning. ARTICLE 2. If any section, subsection, sentence, clause, Inrase 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. 14 PASSED AND APPROVED THIS DAY OF 20 ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 15 Agenda: August 1, 2011 Staff: Kelly Green, Interim Development Service Director SUBJECT Proposed establishment of Limited Parking and No Parking in the Boulevard Local Historic District by amending Schedule F of Section 23-247 and Schedule P of Section 26-248 of the City Code. EXECUTIVE SUMMARY In response to requests by the residents of the Boulevard Local Historic District, No Parking and Limited Parking within the district is being proposed. BACKGROUND/DISCUSSION After many meetings with the Parking Task Force and a recent Open House Meeting with residents, the City reviewed existing parking ordinances throughout the Boulevard Local Historic District. As a result of the recent Open House Meeting, amendments to existing ordinances are being proposed. The attached map shows the proposed amendments as were discussed in the Open House Meeting. STAFF RECOMMENDATION Staff recommends approval of the attached ordinances to amending Schedule F of Section 23-247 and Schedule P of Section 26-248 of the City Code. PUBLIC OUTREACH An Open House Meeting was held on July 19, 2011 in the Council Chambers to review and discuss the on -street parking in and around the Boulevard Local Historic District. Residents of the district, staff from the University and City staff were present. ATTACHMENTS • Location map • BILL NO. 11-130, Ordinance establishing limited parking • BILL NO. 11-131, Ordinance establishing no parking Boulevard Local Historic District Repeal Ordinance ® Keep Current Ordinance- '. No Parking Anytime ® Establish No Parking Anytime ... Establish Limited Parking 0 Certain Hours City of Cape Girardeau /1 GIS Program Data Source: Engineering N : 7/27/2011 ' o aae : • : a : : : • BILL NO. 11-130 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF THE CITY CODE, BY ESTABLISHING LIMITED PARKING ON PARK AVENUE, NORMAL AVENUE, WEST END BOULEVARD AND HIGHLAND DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Schedule P of Section 26-248 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing limited parking zones in the City of Cape Girardeau, Missouri, at the following locations: Park Avenue, both sides, from Normal Avenue to Broadway; No Parking from 9:00 A.M. to 3:00 P.M., Monday through Friday, Excluding Holidays Normal Avenue, both sides, from West End Boulevard and Henderson Avenue; No Parking from 9:00 A.M. to 3:00 P.M., Monday through Friday, Excluding Holidays West End Boulevard, both sides, from Normal Avenue to Broadway; No Parking from 8:00 A.M. to 5:00 P.M., Monday through Friday, Excluding Holidays West End Boulevard, east side, from Highland Drive/Pemiscot Street to Normal Avenue; No Parking from 9:00 A.M. to 3:00 P.M., Monday through Friday, Excluding Holidays Highland Drive, both sides, from West End Boulevard to Rockwood Drive; No Parking from 9:00 A.M. to 3:00 P.M., Monday through Friday, Excluding Holidays. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk BILL NO. 11-131 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE BY ESTABLISHING NO PARKING ON WEST END BOULEVARD, NORMAL AVENUE AND ROCKWOOD DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Schedule F of Section 26-247 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing no parking zones in the City of Cape Girardeau, Missouri, at the following locations: West End Boulevard, east side, Highland Drive/Pemiscot Street, extending south 187 feet West End Boulevard, east side, from Normal Avenue and extending south 75 feet and extending north 75 feet West End Boulevard, west side, from Capaha Drive and extending south 75 feet and extending north 75 feet West End Boulevard, east side, from Rookwood Drive and extending south 75 feet and extending north 75 feet West End Boulevard, west side, from Parkview Drive and extending south 75 feet and extending north 75 feet Normal Avenue, south side, from Park Avenue and extending east 75 feet and extending west 75 feet Rockwood Drive, both sides, from West End Boulevard to Henderson Avenue. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk Agenda: August ree ,Int AGENDA / 011 Staff: Kelly Green, Interim cil Development Services Director 'Girardeau' SUBJECT Public Hearing for a Community Development Block Grant (CDBG) Application for flood recovery efforts. Resolution to authorize City Manager to submit an application to the Community Development Block Grant Program, accept any funds received through the Community Development Block Grant Program, and to execute all necessary grant documents. EXECUTIVE SUMMARY Conduct a Public Hearing to gather public input on flood assistance needs within the City. Furthermore, authorize the City Manager the authority to apply for, accept funds from, and execute documents to the Community Development Block Grant Program for such purpose. BACKGROUND/DISCUSSION An application requesting CDBG funds to assist in flood recovery efforts and to prevent further deterioration of infrastructure and businesses in the community. The application is being submitted to the Missouri Department of Economic Development under the Community Development Block Grant program. A Public Hearing is required in order to obtain citizen input on flood assistance needs within the City. Notice of this Public Hearing was published on August 4, 2011 in the Southeast Missourian. STAFF RECOMMENDATION The staff recommends that the City Council conduct a Public Hearing to gather public input on this grant application. After conducting the Public Hearing, staff recommends that the City Manager be authorized by resolution to apply for, accept funds from, and execute documents to the Community Development Block Grant Program for such purpose. ATTACHMENTS • BILL NO. 11-133, Resolution authorizing application and execution of documents • Public Hearing Notice BILL NO. 11-133 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF CAPE GIRARDEAU, MISSOURI, TO PREPARE AND SUBMIT AN APPLICATION TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO ASSIST IN FLOOD RECOVERY EFFORTS AND TO PREVENT FURTHER DETERIORATION OF INFRASTRUCTURE AND BUSINESS IN THE COMMUNITY WHEREAS, the City of Cape Girardeau has successfully operated a variety of programs through various state and federal funding programs; and, WHEREAS, funding for flood recovery is limited; and, WHEREAS, the City desires to prevent further deterioration to infrastructure and businesses in the community; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. That the City Manager of the City of Cape Girardeau is hereby authorized to submit an application to the Community Development Block Grant Program for funding to assist in flood recovery; and, ARTICLE 2. That the City Manager is also authorized to accept any funds received through the Community Development Block Grant Program, and to execute all necessary grant documents. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Public Hearing Notice The City of Cape Girardeau will hold a public hearing on August 15, 2011 at 7:00p.m. at City Hall to discuss the submission of an application for the Fiscal Year 2011 Community Development Block Grant (CDBG) program. The City will be requesting CDBG funds to assist in flood recovery efforts and to prevent further deterioration of infrastructure and businesses in the community. For more information, or if you require special accommodations at the hearing, contact Mitch Robinson, Executive Director, MAGNET, at 573-334-5000. Agenda: August 15, 2011 Staff: Kelly Green, Interim Development Services Director SUBJECT Public Hearing for a Community Development Block Grant (CDBG) Application for an Action Fund Loan. Resolution to authorize City Manager to submit an application to the Community Development Block Grant Program and to execute all necessary documents. EXECUTIVE SUMMARY A Public Hearing needs to be held to gather public input on community and economic development needs with the City. Furthermore, authorize'the City Manager the authority to apply for and execute documents to the Community Development Block Grant Program for such purpose. BACKGROUNDIDISCUSSION An application requesting $400,000 in CDBG funds for an Action Fund loan to assist a new company in locating to the City is being submitted to the Missouri Department of Economic Development under the Community Development Block Grant program. A Public Hearing is required in order to obtain citizen input on community and economic development needs within the City. Activities that are eligible to be funded under this program include improvements to public works, site improvements, housing rehabilitation, among others. At least 51 percent of the beneficiaries must be low and moderate -income persons. The proposed project will provide new employment, of which at least 51 percent will be low and moderate -income persons. No displacement of persons will be proposed for this project. FINANCIAL IMPACT The proposed project could potentially increase tax revenues in the City by providing new employment opportunities. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The proposed project would provide new employment opportunities for low and moderate -income persons. STAFF RECOMMENDATION The staff recommends that the City Council hold the Public Hearing to gather public input on this grant application. After conducting the Public Hearing, staff recommends that the City Manager be authorized by resolution to apply for and execute documents to the Community Development Block Grant Program Action Fund Loan for such purpose. ATTACHMENTS • BILL N0. 11-135, Resolution authorizing application and execution of documents • Public Hearing Notice BILL NO. 11-135 RESOLUTION NO. A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER TO PURSUE ACTIVITIES IN AN ATTEMPT TO SECURE FUNDING WHEREAS, Title I of the Housing and Community Development Act of 1974 states as its primary objective "the development of viable urban communities, by providing decent housing, suitable living environment and expanding economic opportunities principally for persons of low and moderate income". WHEREAS, Title I offers to communities the opportunity of monetary assistance in accomplishing its stated primary objectives; WHEREAS, The Missouri Department of Economic Development is designated to award Community Development Block Grant funding under Title I; and, WHEREAS, The City has areas of need which may be addressed through the Community Development Block Grant program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI AS FOLLOWS: Article 1. That it desires to participate with the Missouri Department of Economic Development in the improvement of our community under the activities authorized pursuant to the Housing and Community Development Act of 1974. Article 2. That the City Manager of Cape Girardeau, Missouri hereby is authorized to prepare and submit documents which are necessary in applying for funding and establishing an administrative organization to implement activities pursuant to the aforementioned act. Article 3. The City of Cape Girardeau, Missouri will dedicate $0.00 of local cash funds and $0.00 of in-kind materials or labor to be used in this project. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Public Hearing Notice The City of Cape Girardeau will hold a public hearing on Monday, August 15, 2011 at 7:00 p.m. at City Hall to discuss an application to be submitted to the Missouri Department of Economic Development under the Community Development Block Grant (CDBG) program. The City is interested in obtaining citizen input on community and economic development needs within the City. The maximum amount of funds available from the CDBG program depends upon the type of project, but cannot exceed $1,500,000 for economic development, $300,000 for public facilities projects, or $500,000 for neighborhood development projects. Activities that are eligible for funding include improvements to public works, site improvements, housing rehabilitation, and others allowed by law. At least 51% of the beneficiaries must be low and moderate -income persons. No displacement of persons will be proposed for this project. The City proposes to request $400,000 in CDBG funds for an Action Fund loan to assist a new company in locating to the area. The proposed project will provide new employment, of which at least 51% will be low and moderate -income persons. Economic Development staff will be present to answer question about the CDBG program and the proposed application. For more information, contact Mitch Robinson, Executive Director, Cape Girardeau Area MAGNET at 573-334-5000. Motion to Reject the Bids for the Bicycle Lane Striping Submitted June 22, 2011 and Resolution to Authorize the City Manager to Enter into a Contract Accepting the Bid Submitted August 10, 2011. EXECUTIVE SUDIMARY On June 22, 2011 bids were publicly read aloud for the Bicycle Lane Striping, a grant from the Missouri Foundation of Health. Two bids were received, one bid from Road Safe Traffic Systems, Inc. for $119,462.42 and one from Park -Mark Inc. for $145,090.35. These amounts did not include Add Alternate No. 1 which was for sharrow striping. Both bids were over the Engineer's Estimate of $109,407.17. The project scope was reduced and presented to the previous planholders. BACKG ROUNDIDIS CUSSION The City of Cape Girardeau has been making progress in becoming a more bicycle friendly community. The Bicycle Advisory Council has been the group responsible for the placement of the "Share the Road" signs and partnering with MODOT to have them place similar signs on several of their roads. Through the efforts of the Bicycle Advisory Council, the City was awarded a Missouri Foundation for Health grant in the amount of $253,702 for striping bicycle lanes, purchasing bike racks, an education and marketing campaign, hiring a graduate assistant to coordinate the campaign, and implementing complete streets. Of the $253,702 awarded to the City, $114,420 is available for bicycle lane and shared use (sharrows) striping. FINANCIAL IMPACT The construction cost for the project (including Add Alternate No. I for sharrow striping) is $117,152.38 and is being funded by a grant through the Missouri Foundation for Health. SUSTAINABILITY: ECONOMIC. ENVIRONMENTAL AND SOCIAL IMPACTS The City of Cape Girardeau wishes to promote the benefits of cycling as a mode of transportation, a way to maintain a healthy lifestyle while interacting safely with other types of transportation. STAFF RECOMMENDATION Staff recommends that the Council, by motion, reject the previous bids and accept the bid submitted by Road Safe Traffic Systems, Inc. dated August 10, 2011 for the Bicycle Lane Striping. BOARD OR COMMISSION RECOMMENDATION None Required. ..I PUBLIC OUTREACH A public Open House was held on March 31, 2011 to get comments from residents. Based on public input, the proposed bicycle lane striping routes were modified to minimize inconvenience to residents while establishing some No Parking areas for the routes. Several of the routes were removed and those that remain either received no feedback or will instead be striped with sharrows that will still allow on -- street parking. ATTACHMENTS • Map • Bid Analysis • BILL NO. 11-137 Resolution Authorize Agreement with Road Safe Traffic Systems, Inc. • Agreement with Road Safe Traffic Systems j� _ � :,-• , .,�� ESI � ��� i� - � �� •� ���� SII �� 1 �i/■�L`iiNW�L■ �T�� . OW QUA at RU MAR • aLi Potential Bike Routes 0 Public Schools •0 Parochial Schools Shared Use Arrows•— Lane Striping — MoDOT Bike Routes Trail Parks City Limits ,' BID OPENING' DATE: August 9, 2011 TIME: 10:00 AM PLACE: CITY HALL, ENGINEERING SUMMARY OF PROPOSALS RECEIVED FOR: BICYCLE LANE STRIPING RE -BID PAGE 1 OF 1 COMPUTED BY: KJ ENGINEER'S ESMMA'1'E ROAD SAFE TRAFFIC SYSTEMS, INC 8000 BALL STREET, BLDG 12 ST LOUIS MO 63147 PARK MARK INC 2908 BARRET STATION ROAD ST LOUIS MO 63122 ITEM DESCRIPTION UNIT OTY NO. UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL .UNIT PRICE TOTAL General Contract Requirements, Mobilization .and Demobilization, and 1 Temporary Traffic Control LS 1 $2,000.00 $ 2,000.00 $ 2,500.00 $ 2,500.00 1 $ 10,000.00 .. $ 10,000.00 Removal of Existing Shoulder 2 Striping LF .'4;805 $0,44$ 2,162.25 $ 1.00 $' 4,805.00 $ 1.00 $ 4,805.00 3 6" Solid White Line, Epoxy LF 65,103 $0.721$ 46,874.16 $ 0.46 $ 29,947.38 $ 0.45 $ 29,296.35 4 6" Dashed While Line, Epoxy LF 200 $0.72 $ 144.00 $ 1.00 $ 200.00 $ 0.45 $ 90.00 Type 2 Preformed Pavement Marking Tape, Bicycle and .5 Arrow Symbol EA 126 $225.00 $ 28,350.00 $ 395.00 $ 49,770.00 $ 385.00 $ 48,510.00 Total Base Bid $ 79,530.41 f,$ 0Zj2.22,_: _;i $ 92 701.35 Alternate No. 1 Type 2 Preformed Marking 2 Tape,Shared Use Symbol EA '73 $225.00 $ 16,425.00 $ 410.00 $ 29,930.00 $ 385.00 $ 28,105.00 Total Alternate No..1 $ 16,425.00 $ 29j930.00 $ 28,105.00 Total of Baso Bid and Alternate No. 1 $ 95,955.41 $ 117,152.38 $ 120,806.35 AMOUNT OF PROPOSAL GUARANTEE 5%OFBID 5%OFBID SURETY Westchester Fire Inuranee company Hudson Insurance Company Ihwo ym< ymstlhe aEow ba awuM�aammayaproposws raCtl .xg, zir.r'* BIDDEN PROJECT MANAGE ^*LOW BIDDER'^ BILL NO. 11-137 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ROAD SAFE TRAFFIC SYSTEMS, INC., FOR BICYCLE LANE STRIPING, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Road Safe Traffic Systems, Inc., for bicycle lane striping, in the City of Cape Girardeau, Missouri. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU BICYCLE LANE STRIPING STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 2011 by and between.the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Road Safe Traffic Systems, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work to be performed under these Contract Documents consists of... Striping approximately 91,186 feet. of roadway for bicycle lanes and removing approximately 4,805 feet of existing shoulder striping. Add Alternate No. 1 includes marking approximately 64,469 feet of roadway with shared use. arrows. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within six 60 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within nine 90 days after the date when the Contract Times commence to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the A-1 delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER seven hundred ($700) for each day that expires after the time specified. in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER seven hundred ($700) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: One hundred seventeen thousand one hundred fifty- two dollars and thirty-eight cents ($117,152.38) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments, Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments ►W previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. fZ: 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages Al to A7 inclusive). 8.2 Exhibits to this Agreement (pages BF -1 to BF -8 , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits —and consisting of pages. GQ 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 1910-8 1990 Edition) 8.6 Supplementary Conditions (pages SC -1 to SC- 5 , inclusive). 8.7 Specifications bearing the title Bicycle Lane and Shared Use Striping. 8.8 Drawings. 8.9 Addenda numbers _ to _, inclusive. 8.10 CONTRACTOR'S Bid (pages BF- 1 to BF- 8 , inclusive) marked exhibit A 8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by 1) submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to inclusive). 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article S. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party A-5 sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or subcontractors doing work on this project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 9.6 The General Contractor shall provide to the City of Cape Girardeau City Engineer's Office weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project. These must be provided on a weekly basis; if no work was done, then a payroll stating "No Work Done" must be submitted. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on 20_ (which is the Effective Date of the Agreement). OWNER City of Cape Girardeau CONTRACTOR Road Safe Traffic Systems, Inc. Scott Meyer, City Manager 0 [CORPORATE SEAL] Attest Address for giving notices 401 Independence Street Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. M [CORPORATE SEAL] Attest Address for giving notices License No. A-7 Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) EXHIBIT A CITY OF CAPE GIRARDEAU BICYCLE LANE STRIPING BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvement consists of Striping approximately 65,103 feet of roadway for bicycle lanes and removing approximately 4,805 feet of existing shoulder striping. Add Alternate No. 1 includes marking.approximately 17,688 feet of roadway with shared use arrows and all other appurtenances as specified in the bid documents for the City of Cape Girardeau, Missouri. Any questions concerning this project shall be addressed to Casey Brunke, Engineering Division, City of Cape Girardeau, 401 Independence Street, Cape Girardeau, MO 63703. THIS BID IS SUBMITTED TO CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63703 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enterinto an agreement with OWNER in the form included in the Contract Documents to perform and fumish ail Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement orinvitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. . 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that.- (a) hat. (a) BIDDER has examined and carefully studied the Bidding Documents and the following: BF -1 Addenda, receipt of all which is hereby acknowledged:(List Addenda byAddendum Number and Date) L (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost progress, performance and j furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. BIDDER acknowledges that such �. f reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown orindicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (orassumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data, concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods,. techniques, i sequences and procedures of construction to be employed by BIDDER and safety j precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests,,studies or data are necessary for the determination of this Bid for performance and furnihing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is awareof the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the .I Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and I l. observations obtained from visits to the site, reports and drawings identified in the Contract -I Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. GJ (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents n ;J BF -2 are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly orindirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding, and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder orover OWNER. (i) Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. http://www uscis gov/oortal/site/uscis (j) Bidders are informed that the Project is subject to the requirements of Section 292.675, R.S. Mo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hourcourse in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA') orsimilarprogram approved bythe Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. BF -3 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): UNIT PRICE BID Bicvcle Lane Strinina Total Bid For All Unit Prices $ '— C16/i f�/ SIX TF -IONS Ar.10 %W� NU NO2F/J %W�%N r�`-o t'pIIAQ,S S� iN1K-r Ft1G+-1T LE,..,75 (Written figure) Estimated Unit Estimated Item Quantity Unit Price Price General contract requirements 1 mobilization and demobilizatior4 73 EA $ 1-r /0' 00 $ a9 9 3o, oa 1 temporary traffic control 1 LS $ o2, 5zo. 0`' $ a Soa, °0 2 Removal of existing shoulder striping 4,805 LF $ 1.00 $ 1-/ 705, 00 3 6' solid white line, epoxy 65,103 LF $ 0.4 V $ a9 9 41.3 F 4 1 6° dashed white line epoxy 200 LF $ I.00 Type 2 preformed pavement marking 5 tape, bicycle and arrow symbol 126 EA $ 3 95, ' $ y 9 3 no, Total Bid For All Unit Prices $ '— C16/i f�/ SIX TF -IONS Ar.10 %W� NU NO2F/J %W�%N r�`-o t'pIIAQ,S S� iN1K-r Ft1G+-1T LE,..,75 (Written figure) Total Bid For Add Altemate No. 1. $ d 9. R 3'o, Tli E J7 Nhy! THuN S,4,J O ti/ r JE. ,Oy L I. S 1 (Written figure) (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when property extended, shall constitute the Bid.) BF -4 a I H n :.l Estimated Unit Estimated Item Quanti Unit Price Price Type 2 preformed marking tape, 1 shared use symbol 73 EA $ 1-r /0' 00 $ a9 9 3o, oa Total Bid For Add Altemate No. 1. $ d 9. R 3'o, Tli E J7 Nhy! THuN S,4,J O ti/ r JE. ,Oy L I. S 1 (Written figure) (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when property extended, shall constitute the Bid.) BF -4 a I H n :.l 08-08-'11 10:17 FROM-Roadsafe St. Louis +3144368875 T-253 P001/014 F-349 Unit Prices have been computed in accordance with paragraph 11. 9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within six 60 calender days after the date when the Contract Times commences to run as.provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within ninety 90 calendar days after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the eventof failure to complete the Work within the times specified in the.Agreement. 6. The following documents are attached to and made a condition of this eld: (a) Required Bid Security in the form of bid bond or cashiers check. (b) Any Addenda issued. (c) Exhibit Affidavit of Work Authorization (d) Exhibit Affidavit of Excessive Unemployment Of applicable) (e) The E -Verify Program for Unemployment Verification . Memorandum of Understanding h�p.-//www uscls ggv�fes/nativedocuments/MOU ndf (f) Exhibit Affidavit of OSHA Training "(g) Ceriffrcation Regarding Debarment, Suspension and Other Responsibility Matters Y. 'Bidder agrees to submit the following documents within three (3) business days after the opening of Bids if requested: (a) BiDDER'S Qualification Statement with supporting data. 8. Communications concerning this Bid shall be addressed to: Name & ri a,i S-nci Address Siooe I" STK« r 6�:nig Ok ST l a ii t Ana. (a) Performance and Payment Bonding Company Name L cx—v r ,a rl r A I a t.e It � F, G 08-08-'11 10:17 FROM-Roadsafe St. Louis 13144368875 T-253 P002/014 F-349 Address 9uL{ LJ Ki' sk .'1 5,k Po KAUS.F c,�f;g Mo (-ynz AgentlPower of Attorney Name (if used) Address 9. Tema used in the Bid which are defined in the General conditions or Instructions will have the meanings Indicated in the General Conditions or Instructions. SUBMITTED on 20_. State Contractor License No. IF BIDDER is: An Individual By (SEAL) (Individuals Name). doing business as Business address: Phone No.: By Q a Sam Tcau' SNs rE�+ii ��c (SEAL) - (Corporation Name) tJ E�q�„srtF (State of Incorporation) BY ,(l� (SEAL) (Name of Person Authorized to Sign) UIC2, f reSi�t'�-� (Title) _ BF -6 08-08-'11 10:17 FROM-Roadsafe St. Louis 3144368875 T-253 P003/014 F-349 (Corporate Seal) �/ (Secretary) Business address: t la S-G2,E67— S� t a�., s iy/• L � r Y 7 Phone No-: 31(f- Date 1(f pate of Qualification to do business is r Phone Number and Address for receiptof official communications: (Eachjointventurermustsign. The manner of signing for each individual,partnership and .: corporation that is a party to the joint venture should be in the manner indicated above.) 6F-7 08-08-'11 10:17 FROM-Roadsafe St. Louis •3144368875 T-253 P004/014 F-349 BREAKDOWN OF WORK FORCE (Required): The Contractor shall be registered with the Missouri Secretary of State in order to work on this project. BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: Aa ,,- we rUL. 'All subcontractors shall be registered with the Missour Secratarycf State in orderto work on this project. BF -8 08-08-'11 10:18 FROM-Roadsafe St. Louis v � YUnnYe ti�SYJf, 3144368875 T-253 P007/014 F-349 Project Number Certification Regarding Debarment, Suspension and Other Responsibility Matters The contractor hereby certifies to the best of its knowledge and belief and that it and its principals and its subcontractors and their principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency;_ . (b) Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in . connection with obtaining, attempting to obtain or performing a,public (Federal, State or Local) iransacboo or contract under a public transaction; violation of Federal or State antitrust statufes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of. records, making false statements or:receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal,.State or Local) with commission of any of the offenses enumerated in - paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this subcontract had one or more public transactions (Federal, State or Local) terminated for cause or default. 1 uodorstand that a false statement on this certification may be grounds for rejection of this contractor or termination of the contract. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to S 10,000 or imprisonment for up to five (5) years or both. 6Y,6 Pt,.�e,e.7r. Pro�te,l- Ma.,a� Typed ame & Title of Aut ed Representative Typed 7 1 Signature—of Authcri Representative Date ❑ I am unable to certify to the above statement. My explanation is attached. SUBJECT Motion to accept the sewer line extension and the extension of Commercial Street serving Fronabarger Concreters Development. Motion to Approve the Release of Escrow Agreement for Fronabarger Concreters, Inc. EXECUTIVE SUMMARY On September 7, 2010, Council approved improvement plans for the construction of street, sanitary sewers and water main extension to serve Commercial Street south of Rusmar Street. The water main extension was accepted by Council on December 20, 2010 at the request of the developer to aid in the completion of other construction activities. The sewer line extension and the extension of Commercial Street have been completed generally in accordance with the approved plans and with city inspection. The developer has now completed all of the necessary improvements and is requesting that the escrow funds be released. BACKGROUND/DISCUSSION The developer extended sanitary sewer and water to serve a 6.26 acre lot adjacent to unpaved Commercial Street Right -Of -Way. The developer extended the street pavement two -hundred feet south of the existing pavement of Commercial Street. These improvements have been completed generally in accordance with the approved plans. An escrow agreement was approved via Resolution No. 2555 at the September 7, 2010 Council meeting. The developer is requesting that the escrow funds be released. STAFF RECOMMENDATION Staff recommends that the Council accept by motion the sewer line extension to serve Fronabarger Concreters Development and the extension of Commercial Street into the City System. After accepting these improvements, staff recommends that the City Council release, by motion, the escrow agreement covering the cost of the improvements at 824 South Kingshighway. ATTACHMENTS • Map • Release of Escrow Agreement Fronabarger Concreters, Inc. .824 S-. Kingshighway Fronabarger Development Street Centerlines Parcel Lines RELEASE OF ESCROW AGREEMENT AND IRREVOCABLE LETTER OF CREDIT Release made this day of , 2011, by the City of Cape Girardeau, Missouri, 401 Independence Street, Cape Girardeau, MO 63703, hereinafter referred to as "City", to Fronabarger Concreters, Inc., hereinafter referred to as "Developer", and to Bank of Missouri, hereinafter referred to as "Escrow Agent". WITNESSETH: On September 1, 2010, City, Developer and Escrow Agent entered into an Escrow Agreement and Certificate of Deposit, hereinafter referred to as "Documents", for the development of property at 824 South Kingshighway in the City of Cape Girardeau, Missouri. The City Council of the City of Cape Girardeau, Missouri, has determined that all of the work covered by said Documents at said property as set out in the improvement plans and specifications therefore, has been satisfactorily completed. NOW, THEREFORE, in consideration of the satisfactory completion of all of the improvements set forth in the plans and specifications for said property, the City hereby authorizes and directs Escrow Agent to release to the Developer all funds held by it pursuant to the above Documents. Developer and Escrow Agent are hereby discharged from any further obligations to the City under said documents, and said Documents are hereby canceled and terminated. IN WITNESS WHEREOF, this Release has been executed the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 2011, before me appeared Scott A. Meyer, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed on behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. LaDonna Laub, Notary Public My Commission Expires: August 4, 2011 Agenda: August Staff: Kelly Green, Interim Director of AGENDA REPORT � Development Services CapeGirardeauCouncil SUBJECT Ordinance approving the record plat of Georgia Place Subdivision EXECUTIVE SUMMARY D. J. Roth, the owner of property at the corner of Georgia Street and Blue Ridge Road, has submitted a record plat for a three lot subdivision called Georgia Place. BACKGROUND/DIS CUSSION Mr. Roth submitted a record plat requesting the subdivision of one lot into three lots at the comer of Blue Ridge Road and Georgia Street. A variance has also been requested from the minimum lot width and minimum square footage for two of the three lots. The requested lot widths and sizes are consistent with the surrounding lots. The Planning and Engineering Divisions have reviewed the plat and found it to be acceptable. STAFF RECOMMENDATION Staff recommends that Council approve the first reading of the ordinance approving this subdivision plat. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended approval at their meeting on August 10, 2011 by a vote of 6 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS • BILL NO. 11-132 Ordinance approving record plat • Aerial Map • Subdivision Record Plat • Subdivision Application BILL NO. 11-132 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF GEORGIA PLACE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Georgia Place, being a subdivision in OL 74, USPS 2199, City of Cape Girardeau, Missouri, submitted by Dennis J. Roth, Joan M. Roth and Katherine A. Sparks, bearing the certification of Timothy C. O'Loughlin, a Registered Land Surveyor, dated July 29, 2011, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Georgia Place Subdivision R•W W PWI W Ibb Dlmo.dmYaar4w Georgia Place ^r^•°-m^•r^m •- _ A Subdivision in OL 74, USPS 2199 City of of Cape Girardeau, Missouri ' � TB(p• • SSRxxoNy� W aWw.a I � N 4>k xou'sBtiy 9 fep ],s]u.•'. ssaNwnlnmNq sWYW.Yr.OIIIYR(n31 M)� � 5193%xOta'SE'F •'— ��� ��� _ �� 0.•<]W4i 11 Wpb WIFW I]DSa YeryaNl _ �' 1 1011 _ `�`•. �C 1 1 IXM6e9ut 9] � IT afI — � _ � �• YYMxpa I 9l• •� Nw Lna Cpew•FmwMwswYayv m.nls W.iFeN elgN R �eR al = IYVNtl F•rwnlWq.eW RA•/ £_N 1 $ a. �y : G.e feern 1 1 1 o.drw IFwmW e4 I• i.—•.._�.03 Lna I' w.aosm H�/ 1 SCALE: W.MUNu•Lry4E+wl wJmn Y. Roq IwCWM •Nm Bs••• •_� _fg � L a qA Ylll / p i1 1 n.w•.ur•.4YaNWwN„w YmreN mbu .iag4wu W.pN{NY WYm11 Yp.p 8esr.w wit �x 1B I I � / • 's 1•=� N.EnINAaNu4 •uXEY eixxoari4e NBB%%DtttNlw '•'^0e 1 1� r � wlw^.Nw.ew •+Y^E^uD. wbuY.bf GgmbwFrfnNYMh•4MYw we •�-' fosse � 1•�• ]S}$ T343' _ D M1I • _•” , 1 a FWemIIYwD.6W5Cw Mvwnp•vtlr <uLWm B1v Rpl•RM:YA p aO'_� tl , , MJWI0.l NRwY SY4NWndMNN h V VBNe.]I W, n N GrwGup ' � —1� _r 1�.. Q IW0 �:y � �� �l O 1 4wCN 0laYaw llewYWNN w,e VnW4b �� =�Q1�•� _r—av ei0'W . '�--�T 61 �_ '. GmmRXMUMNe,n••cm,murWkM�w >E]a.�Dbn Wryn. aro.e.NM..aw.rwl.uu e]xwte 1 r,rdN.rrnY. N awu:W wm,d � m m, IG � �Trx , MwA ewbNe•a n.e � — . NalrmWanWr.0 YwEN mY,w.rN Wkv i _\i .. .nwm•+rN N�IEWumrdo.RY.aNra Mns 1 1 1 NY NIS E.YWfnDMlvnwpaw[4arW '] wMWuuegwXr M.. Emry ra.rrEr,n FMNYMwMWmw YNaYny � I I M.wniEw._ jrg 1 fi Yt N[Y ITaI W aSIaY+Wq Ncbed•p.w, N+e I GpNe en•yy D.uyrbY ..Ygnw N. bMp4 bWub MrY,vb Y•wwwN W,WI NidaemFvrYr r'nmsYe'. MBT ]}MY[ RTewYwpN WJ ♦emw•; Pre CIaO,Nuum,Yw Yn.mm can mwW4 rY mnwYwwMwmw4W .. RNa�wr..m+Y m.NWnm WXnam�. •Wne bb .NN'NNNI1C601 XYY•rpM detlel•ar:Wv dlpblDNmpeN . RYE. Wanrx]TEINm Nm�wwdeW rwMYermmm oralmae {Nle'KE. aIIDMKMm Vm'wuN mYndeNlo 4•e ae'N1SY111i9Yhti Nf�R•(rpm•a. Iiywnu•IeY Nw.aWenerYram4er - ' G„WNYon w.,mwuwproreww.We.rnw abYm.eYel.RYp WW cn r.uwW....YwweYrwnw - wYYNwrbMYMImYY..,wN,N.M - IY..«.wYtl WrE Wnm 4w4rwnpuw Mw n.mW W.m+w e..pin.mx.cN mmNnh.Wm,ce•ei.in w•:,rd.+wEM wwlm w.n.YWrc.uMm'm .. . MMNW ywnwelewpuYw•m NyYt .+(41e }saIWYMOy✓GpawNw wpNMy4bYbpYWw rYon�m NRwlwrFpu4 µm fnpYleN wNnoy 4mm vy Wfy'm •nEORMIVGF. by NlYw )C Mary . D'•p��wW'.W'm Wlnv�u+�aMpmbubY ' IN WiXEH hENF tY. YgRe nR�4a �mlt wrn Wm4remNY.aw,wEm.m.w Nw, Legend of Symbols D+nea Wn 1..WRaP - • •F.d M...l . .. • .Wftw,•ODC wnwAeew State Plane coordinates - .awna.n ure aursuuWauua - '^""•'O R-'41°' -- •eaW.IPm une - w�xnovweaRYlDuu - g DnnY Wd_�mIIw0. Na•m••oew,w +T1xIUn 0.Me A RMw�,N eRM IUYw wwY.w NNYn AW�•rWr ,mwNneM1.mnvu'aww •BewNLW ,'� ; nYwMWw•Gwi•el,-W Y•pp MOy . �` mMmr•..nnwN rm..dN.er.ar+Bw INr.M+rmup,Wl:...Ai•.Yee•euo -- •F•pa 1LW `� hY+mnw wnpb.uwew n INW]NEaa WFRECF,I Me N,•unD Wmr l•nl w•MN m/ ' m.•nw..w.rw.vNwpe i .r�mwWm.e.... geBl 9 4 � YrWm•Pim � c B cumuroY nYYr�wuaYMeno-.uM � . Rwn+uW4r Gr W.Y..:. � I. cnwdc.ra.NW.. rrR.n fany.°Wu6mn• nmE.n-4r D a n.rw•w wWwvW4�a.N.n 'uwwNrlwwemwe•Es+++Eh NCnGW ----------- 6 rP .' •4wbN.rwnwvMrww L(' MMWdGw Oeeaeu.Wwu{W Pawro M._ '' '.. .ap.WNFrw.w u4nw.n.eN N E.�ewymrW_4rd—�]Dllwo ., WrmN4,r..n+we,4n.n.n. F ' ibwne. n]rEW . 9 RwW,/GPCYueru Grob. YNwl u c ]oe ,an r G/G+• .BSO •a I I•E .rn .1' .. n CITY OF CAPE GIRARDEAU /� SUBDIVISION APPLICATION Project Name: ! r9 E��G _P Index # Project Location: Attach surveyor's legal description on CD in State Plane Coordinates This application is for: ❑ Single-family residential ❑ Multi -family ❑ Non-residential ❑ Preliminary Subdivision Plat ❑ Record Plat (of an approved preliminary plat) ❑ Record Plat (for sectionalized development of an approved preliminary plat) IWRecord Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) G�1 r� One and Two Family Residential Multi Family Residential Commercial/Industrial 0-! D40 $18.00 per lot $18.00 per dwelling unit $18.00 per acre tp $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): Name: y Firm: _ Address: E-mail: OWNER (If Different): Name: Firm: Address: Phone: Fax E-mail: DEVELOPER Name: C 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 forfgal eptipn by the CibypCouncil is not unnecessarily delayed. Signature of Applicant: "i � � Date: % /C7 —// Agenda: August 1 Int AGENDA RPO Staff: Kelly Green,,Interim Director of Cunc Development Services ' ' ' il SUBJECT An Ordinance Accepting a Permanent Sanitary Sewer Easement, a Temporary Access Easement and a Permanent Utility Easement from Fronabarger Concreters, Inc. on property at 824 S. Kingshighway. EXECUTIVE SUMMARY The attached Ordinance would accept a permanent sanitary sewer easement, a temporary access easement and a permanent utility easement from Fronabarger Concreters, Inc. on the property at 824 S. Kingshighway. BACKGROUNDMISCUSSION Fronabarger Concreters, Inc. has made improvements to the property at 824 S. Kingshighway, including the extension of a sanitary sewer line and the extension of Commercial Street. Three easements were conveyed to the City, including a sanitary sewer easement, a temporary access easement for a temporary cul-de-sac at the end of the extended Commercial Street, and a permanent utility easement along Kingshighway to provide for any future utility needs. STAFF RECOMMENDATION The staff recommends that the Council approve the first reading of the Ordinance accepting a permanent sanitary sewer easement, a temporary access easement and a permanent utility easement for the property at 824 S. Kingshighway. ATTACHMENTS • BILL NO. I 1-134, Ordinance Accepting Easements • Easements exhibit • Location Mau BILL NO. 11-134 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT SANITARY SEWER EASEMENT, A TEMPORARY ACCESS EASEMENT, AND A PERMANENT UTILITY EASEMENT FROM FRONABARGER CONCRETERS, INC. ON PROPERTY AT 824 S. KINGSHIGHWAY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Mlissouri hereby accepts a permanent sanitary sewer easement from Fronabarger Concreters, Inc., conveying an easement to the City of Cape Girardeau, Missouri on the property at 824 S. Kingshighway, more particularly described as follows, to -wit THAT PART OF UNITED STATES PRIVATE SURVEY NO. 222 IN TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, THE STATE OF MIISSOURI, DESCRIBED AS FOLLOWS: Commence at the northeast comer of Fractional Section 12; thence South 06°27'18" West with the east line of said Fractional Section 12, a distance of 1083.50 feet, to a found stone at the southeast comer of R&M4 Subdivision, as recorded in Plat Book 12 at Page 24 of the Land Records of said Cape Girardeau County; thence North 89°16'31" West with the south line of said subdivision, a distance of 459.38 feet to the point of beginning; thence continuing along said south fine North 89°16'31" West, 15.01 feet; thence leaving said south line South 02°38'05" West, 7.50 feet; thence North 89016'31" West, 297.71 feet; thence South 02°33'04" West, 175.90 feet; thence South 87°26'56" East, 15.00 feet; thence North 02°33'04" East, 161.37 feet; thence South 89°16'31" East, 297.69 feet; thence North 02°38'05" East, 22.51 feet to the point of beginning and containing 7,220 square feet, more or less ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts a permanent utility easement from Fronabarger Concreters, Inc., conveying an easement to the City of Cape Girardeau, Mlissouri on the property at 824 S. Kingshighway, more particularly described as follows, to -win THAT PART OF UNITED STATES PRIVATE SURVEY NO. 222 IN TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the northeast comer of Fractional Section 12; thence South 06°27'18" West with the east line of said Fractional Section 12, a distance of 1083.50 feet, to a found stone at the southeast comer of R&M Subdivision, as recorded in Plat Book 12 at Page 24 of the Land Records of said Cape Girardeau County; thence North 89°16'31" West with the south line of said subdivision, a distance of 796.08 feet to the point of beginning; thence North 89°16'31" West, 10.00 feet to a point on the east right of way line of South Kingshighway; thence with said right of way line South 02°22'17" West, 347.15 feet, to the northwest corner of a tract described in Deed Book 442 at Page 196 of the land records of said Cape Girardeau County; thence with the north line of said tract, South 89°48'33" East, 10.01 feet; thence leaving said north line, North 02°22'17" East, 347.05 feet to the point of beginning and containing 3,471 square feet, more or less. Page 1 of 2 ARTICLE 3. The City of Cape Girardeau, Missouri hereby accepts a temporary access easement from Fronabarger Concreters, Inc., conveying an easement to the City of Cape Girardeau, Missouri on the property at 824 S. Kingshighway, more particularly described as follows, to -wit THAT PART OF UNITED STATES PRIVATE SURVEY NO. 222 IN TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the northeast comer of Fractional Section 12; thence South 06°27'18" West with the east line of said Fractional Section 12, a distance of 1083.50 feet, to a found stone at the southeast corner of R&M Subdivision, as recorded in Plat Book 12 at Page 24 of the Land Records of said Cape Girardeau County; thence North 89°16'31" West with the south line of said subdivision, a distance of 426.43 feet to the point of beginning; thence continuing along said south fine North 89°16'31" West, 62.01 feet; thence leaving said south line along the arc of a non -tangent curve to the southeast being concave to the northeast having a radius of 50.00 feet and a distance of 247.27 feet (the chord of said arc bears South 89°16'31" East, 62.01 feet) to the point of beginning and containing 7,398 square feet, more or less. ARTICLE 9. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 12011. ATTEST: Gayle L. Conrad City Clerk Harry E. Rediger Mayor Page 2 of 2 MAT,FMl T UMTED STATES PRIVATE "YEY W. 222 W iOM19P !0 NUtM, R• N(i 13 EAST CF INE TIT -TN RRNDPAL t,Ed1Wr W TIE 4TY MID O"Ilf OF CIPS ORARnEM, ME STATE OF YISSOIIIi< OE50✓31KD AS F=90 i mth Ne Fne Cmmxe atl�M aNwn coma of Fraclbnd Salm 12: Nmce South 061718' Wort eat or sad I Fmc0and Sec' 11 a Sntance .11083.50 tool to a fa Slane of Ne taNeari coma of R" Suhffmm, m remdn n Ral 12 .l Pope 21 d Ne land Recinds d soul Cope O 0000 r C ftg Nmce NPM 8916'31' Vert dN Ne oath of vd mLdhfmn, a fistanoo of 796.[6 fat to the port of 6eginii ; Nmce Nan I 8916'31' west 10.00 I Z,l a paint m Ne ml r01 d aa7 Grc d SaM ICn9NMsaX thence alis mi0 rant .1 b7 fine Sath 021717 WenA 347.15 fact to Ne oinNaeal raw of o trod dnin4M n Deet Beat u2 at Page I , 196 01 Ne Ind rends W m.�Cge Gindca C tl Nmce -it, the north fine of tad Nat Such 8948'33' ; Ent MITI fool: thorn term:, mk north Fne. No 01:717 East, 341.05 IM to the pool of 6eginiq and cantonng 3,471 soma foot more oi'lea I — E)UKRIPDV! 6'50' RAdlds TE ARY ACCESS CAS)IFNT MAT PMT 6 UNITED STARS PMVAIE SKYEY W. 222 W TOeW96P 30 NMM, RMCE 13 EAST Q DE TWTH PRWCBM 4FIdIIM W DE ai MD O"N OF'CAR: ORAROEAII, ME STAR OF YISSME XKROKII AS F(1LMM' ( = la once of the ."cont toner .1 Fractiand S OVI,12; Nmce Sam 062718' Wnl .iN Ne eml Fe of add Froctimd Scclian 12. o finance .1 1041.50 fat, to a bind 1., at Na raM.t toner of RU S.Ddhbom m ewdod it Rat Bpd 12 at Page 24 .f Ne land Reeinds wfc&J Cie O ordem Cant1; Nmce N" 6916'31' Wnt with no w0, fn. o1 tdd w fin, o diatom d 4M.43,foot N Ne Point o1 twyrniq; Nma cmtimny s.'� c- dung .0tam fin. Ninth 8916'31' wet, 5101 fat Nma Iearrlg v touch ITe danq Ne ac el a rm-lagmt dire To the taNeml finch emmw to Na manhood a ro6rt of 5600 tat a o o datance 747.27 fw (Lha Mind of sen ac nma Svth 8916'31' Ent 61M feel to IM pmt of Ee9inip and cantancq 1.398 saae fat more or lea MMRPTI)N CF Is' SAMTMY SEWER EASEYFNr I NA -'2' csAl. w �{•�y'er MAT PMT OF UMTED STARS PRIVATE SRVEY NO. 222 W TOMW 30 WIL RANGE 13 EAST a INE TF7N MWAL tRRBM W K aI ARD COImT V CAPE PRMOEAU. ME STAR 6 ul55dg0. � AS F()LOK = Cammmce at the neca Umd st comd FfaSMm IZ: Nmc< SaN 061718' wool mt, Ne ant fins d ro0 inN DNI fir _y PCCYYExfELENi Fmc4md Salim 11 a faticce of IOU50 fat. to a Iona store at Ne WaLNatt mnin of RMI Sad am, ceded n Plat Book 12 of Pogo 24 of Ne Land Records d W Cope Girdea Cant, Nmce NoM 8916'31' - I � .�{ TRA[00NM gC1ICR 12 Went with Ne Lath fine .f nm an60Mti.n, a Ln.. of 459.38 fat to Uw pmt of bo inig,-Nmie.cantinm9 dan9 mid smith iiia Nath 8916'31' Wort 15.01 leer: Nmce Ian wg mW moth Fne Sauch 02'36'05' WaA.�].54I Int; Nmce Nath 8916'31' West 797.71 Tal thence So.lh o29]'0' Wort 175.90 fool: thence Sooth 6716'56' - u East. IS00 Int thence Nath 02970' E.I. 161.37 int thane S tin 891671' Emt 297.69 feet thence NaM 0 'OF Ecnt 2151 IM to Ne pmt of beginning on, crits g 7.220 score feet more or Im x POB. G +Lj7 16 5Na1Mv 7]]]rrrGlll _�p1 A"yNY I i Is.�. KKR ESDI $'X 5316'L'[ i0pe WRp•P• 1000 y ff// %J x0915 ]I'w -- P.0 B. I4 0" u R S891631'w aIg 3? 95' n8916'!1'w -� II Ai P.0 B rvz — 10 u. t ' ,a`•� ? `ANTE RIB. Na916'3fw ]07.61 N891631'W 19711 N 16' 1're 426 4]' r47i/T:77/-1:T /.""T7/i /T i'%Ti77��'T/7 7i—;.` > a� . (Not ro KAIE) ` 1 d /1 61 NO2vo5'E\ 1500 .SAMIMY Y91671i M1.6a 2251 (. %I SEWER ESNI RW SIIFIBIM90N IIIc so r1. 1 = vFvi�Ca •:�j I I^ ISa�96lR1a6T0i 7585 soft C0`'1W0 CCFLtC I I N pp6- i�Ijl rrza s � ( . z S <IIYS'SIS 5 I I I � S87ZS56E I7 c t• EAEDkN .cwt {NJYoWri1+6ef ..iRi} 'S,_ 51 _ ]41150 M',_ gal I I i n ,} ' Aj t k4 P 1 el LEGEND - e Y `•-r -s^v- R.• ;P Fsii 10 URdV EASEMENT ,t t.? a .17 •A I =son r Access umENT ///. = IS SNaTMT SEVIX EASYENT FRONABARGER CONCRETERS INC IN GRAPHIC SCALE MAGI 4 114 =1 DATE: 05-1411 v EXHIBIT ENGINEERING EASEMENT EXHIBIT CAPE G, Pn '.77 U.Lg 03701 %^ [ "FEE 1 1 OF1 197)1 U6 -)OM 1 inch = 50 ft Fronabarger Concreters, Inc. 824 S. Kingshighway F'ronabarger: Development Street Centerlines Parcel Lines RUST ..._............. I � ' 3 IJ i � Q Ur Z W � - O U Fronabarger Concreters, Inc. 824 S. Kingshighway F'ronabarger: Development Street Centerlines Parcel Lines Gayle L. Conrao, laty UlerK SUBJECT Appointment of two members to the Airport Advisory Board for terms expiring April 30, 2012, and April 30, 2014. EXECUTIVE SUMMARY Mr. Fred Eggley and Mr. John Dissauer have resigned from the Airport Advisory Board. They were serving terms set to expire April 30, 2012, and April 30, 2014, respectively. For your information, a copy of the board roster is attached BACKGROUNDIDISCUSSION According to Section 4-2 of the City Code, "two members of the airport board may be residents of Cape Girardeau, Scott, Bollinger or Perry County. The remaining members must be residents of the City of Cape Girardeau." At the present time, the Board already has two members that live outside the Cape city limits. Board members serve a three-year term. Following are the individuals who have expressed an interest in being appointed to the board and who live within the city limits: Adam Hanna Keith Sander Jennifer Huffman Jason Trickev Rick Lambert Robert Conger Timothy Lee BOARD OR COMMISSION RECOMMENDATION The recommendation of the Airport Advisory Board was sent to the City Council by the Board. STAFF RECOMMENDATION It is recommended that two appointments be made to the Airport Advisory Board for terms expiring April 30, 2012, and April 30, 2014. ATTACHMENTS • Advisory Board Roster • Advisory Board applications CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees June 20, 2011 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. Airport Board Serve three year terms, appointed by Council. *Two members may be residents of Cape Girardeau, Scott, Bollinger or Perry Counties. Meetings held second Tuesday at 5:00 p.m. at the Airport Restaurant at the Cape Girardeau Regional Airport. A council member may serve as liaison. Staff contact —Bruce Loy, Airport Manager, 334-6230. Date Appointed Date Reappointed Term Expires Justin Albright * December 21, 2009 --- April 30, 2012 Gerry Keene April 20, 2009 --- April 30, 2012 Vacant (Eggley) January 8, 2007 4/20/09 April 30, 2012 William L. Tucker, Jr. April 4, 2011 --- April 30, 2013 Robert Cork April 19, 2010 --- April 30, 2013 Rick Hetzel November 7, 2005 4/16/07 April 30, 2013 Vacant (Dissauer) April 21, 2008 4/4/11 April 30, 2014 Brian Ozark * October 4, 2010 4/4/11 April 30, 2014 Craig Bohnsack November 19, 2007 4/4/11 April 30, 2014 Serve three year terms, appointed by Council. *Two members may be residents of Cape Girardeau, Scott, Bollinger or Perry Counties. Meetings held second Tuesday at 5:00 p.m. at the Airport Restaurant at the Cape Girardeau Regional Airport. A council member may serve as liaison. Staff contact —Bruce Loy, Airport Manager, 334-6230. RECEIVED APR 22 2011 CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name Adam E. Hanna Telephone: Day 334-0555 Home Address 2022 Kenneth Dr., Cape Girardeau 63701 Evening 618-443-8576 E-mail Address AdamH@BradshawSteele.com Mobile 618-443-8576 Year Current Residence in Cape Girardeau Began July 2010 Current Employer and Position Bradshaw, Steele, Cochrane & Berens, L. C. , Attorney Previous Employers and Positionsn/a Number in eriority order the Board(s) you are interested in serving on? 1 Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners _ Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission Parks & Recreation Advisory Board Planning & Zoning Commission 3 Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board service): State why you are interested in serving on this board: I am interested in advisory board service so that I can serve the community and offer my talents_ Educational Background: Bachelor of Science, Southeast Mo. State University, 7007 Juris Doctor, University of Missouri - Columbia, 2010 Community Activities (Include offices held and committee service): Cape Girardeau Area Chamber of Commerce, Chamber Young Professionals, Centenary United Methodist Church Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime X B. Morning Noon Afternoon Evening Anytime_X Would you like to receive news from the City via e-mail? T7 Yes ❑ No Would you like to attend a City Council Study Session when your XD Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Date y-21-'zpl( ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Boz 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Mame VCnni-P-r 1-4. `f Home Address �� , E-mail Address , A Year Current Residence in Cape < Current Employer and Position Previous Employers and Positions Telephone: Day 157J-3 -,Q 977 U,_�.Evening 673 - q Jq Number in priority order the Board(s) you are interested in serving on? I Airport Advisory Board Parks & Recreation Advisory Board _ Board of Adjustment _ Planning & Zoning Commission _ Board of Appeals _ Public Library Board Board of Examiners _ River Campus Board of Managers _ Girardeau Goes Green Advisory Board Show Me Center Board of Managers Golf Course Advisory Board Special Business District Advisory Commission Historic Preservation Commission _ Tree Board - - Special Qualifications forspecific board(s) (include past board. service):u ,tate why youare interest , Educational Background: Community Activities (lp serving on this and service): Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly_ Anytime B. Morning Noon Aftemoon Evening ___4_ Anytime Would you like to receive news from the City via e-mail? Yes ❑ No Would you like to attend a City Council Study Session when your Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any Ive (12) consecutive months, will result in your position being automatically forfeited on the boar om ission. J d Date ** Board tuber Summary Sheets are valid for one year from the date at they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI J' t// n^ ADVISORY BOARD APPLICATION Name ?,,'fig qM�IeA� Telephone: Day 331.70M Home Address 450f 1/64z�540e, A6Ao C(UQ¢ 637D/Evening JW'Jo260 E-mail Address Z/ 1Q m 6&-4 J lvi�WAl Jii7. /J� Mobile a7l) Year Current Residence in Capi Current Employer and Position Previous Employers and Positio �VLtc be Number in priority order the Board(s) you are interested in serving on? /Airport Advisory Board_ Parks & Recreation Advisory Board _ Board of Adjustment �),_Planning & Zoning Commission _ Board of Appeals _ Public Library Board _ Board of Examiners _ River Campus Board of Managers _ Girardeau Goes Green Advisory Board _ Show Me Center Board of Managers _ Golf Course Advisory Board _ Special Business District Advisory Commission Historic Preservation Commission Tree Board Special Qualifications for specific board(s) (include past board service): //V 0IW- A-4— eWg, 096;- 41?&4X of 7 -MAW State why you are interested in serving on this rTf" Educational Background: Community Activities (Include offices held and committee service): 7dt/OIJ4�. hu J An l _ An 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? Would you like to attend a City Council Study Session when your application comes up for consideration? POW ❑ Yes g No Yes ❑ No �?v ) By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Date the date that they are signed. Return to the City Manager's Office, P.O. Boa 617, Cape Girardeau, MO 63702-0617. :i Name Home Address CITY OF CAPE GIRARDEAU, D4ISSOURI ADVISOR' BOARD APPLICATION Telephone: Day 33 L)- b r% Z{.S Evening 3 3 `/ - '7.,5 (a S E-mail Address rla power- lee hoo, Cc, Mobile2.00 - 90q ) Year Current Residence in Cape Girardeau Began 2 O 03 Current Employer and Position = Previous Employers and Positions Number in priority order the Board(s) you are interested in serving on? Ii7 Airport Advisory Board _4 Board of Adjustment __71_ Board of Appeals 1 . Board of Examiners y . Girardeau Goes Green Advisory Board Golf Course Advisory Board 3 Historic Preservation Commission 2 Parks & Recreation Advisory Board 3 Planning & Zoning Commission —I Public Library Board I t River Campus Board of Managers 6 Show Me Center Board of Managers ( Special Business District Advisory Commission 12 Tree Board Special Qualifications for specific board(s) (include past board service): _M(55o` « 1/is��T }iorne MssivtJs �x�rd1, State why you are interested in serving on this board: To {1E.D �ct \Aa 4 e_ r �''\\� etc`-�":Jt= ll:5e�5 0'� -i-�e /✓w-FeC:c�, e�ro� �+-oo,faMS o{ ��rc� �c,v EdicationalBackground: ee_ ivy pplosv Community Activities (Include offices held and committee service): C'lnccr�l�ec o`F Cin-,+vterce Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly ✓ Anytime B. Morning Noon Afternoon Evening Anyyttime Would you like to receive news from the City via e-mail? L4-iYes ❑ No Would you like to attend a City Council Study Session when your 9Y es ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/contmission. fe(eu)ed 09/�t Si€ned IN Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Ntanagerr's Office, P.O. Bos 617, Cape Girardeau, NIO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name e/Th SLJA/j7 Telephone: Day 9.3,2-196,o Home Address Evening 33.2-/SGp E-mail Address X'SLLhe'eif/&y�fjoo-Corm Mobile F_47-4 y9 Year Current Residence in Cape Girardeau Began _/97,Y -/a / 69f )6 4-uc 20o f Current Employer and Position Previous Employers and Positic Number in priority order the Board(s) you are interested in serving on? !/ Airport Advisory Board 3 Board of Adjustment 167 Board of Appeals 9 Board of Examiners L Girardeau Goes Green Advisory Board Golf Course Advisory Board /Z Historic Preservation Commission �{ Parks & Recreation Advisory Board 9 Planning & Zoning Commission 6- Public Library Board Z River Campus Board of Managers 6 Show Me Center Board of Managers lif Special Business District Advisory Commission /3 Tree Board SpecialQualificationsfor specific board(s) (include past board service): /Joq/d /`t Crn State why you are interested in serving on this board: 1 2d�L Gd /'Ling! !✓ /Guy HS ,< fi L/ dtie 3 r Educational Background: /� 39 r1/ DSS /,/ A'IAVA-,viti.1.4 — Sf�.La Community Activities (Include offices held and committee service): Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly /Monthly! Anytime '! B. Morning _-, Noon ' � Afternoon , Evening Anytime ` Would you like to receive news from the City via e-mail? fr­Yes ❑ No Would you like to attend a City Council Study Session when your Yes ❑ No .application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences; or four (4) absences in any twelve. (12) consecutive months, will result in..your position being automatically forfeited on. the board/commission. / C Signed `- �� � Date /hP —lo ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name Vti4 ) �/ r � Teleohone: Day 27c-)-7Y72- Home Address IS12 1 %�t✓c✓Srde, Evening 335-1 �w E-mail Address Mobile Year Current Residence in Cape 'Girardeau /Began 16 %�' 7 Current Employer and Position Vitt/ibent 5,r -vices I/i515ftr �e5fr t^i�� J -Gam 2n�� / /I'AT,/ Previous Employers and /Positions tt;5�[le_ 5-44 &n+ `Mcr-+w t .5,cks' dt/Si � ; n�,m4A.,;n /-,- I ---I L�`.1.Lc./` - <.., .-LL a. �'A M: "._wi �6. s_ (J �:�n..�.% - L,— T -h -1 li. L, /- Number in priority order the Board(s) you are interested in serving on? #2 X Airport Advisory Board Parks & Recreation Advisory Board _ Board of Adjustment Planning & Zoning Commission _ Board of Appeals _ Public Library Board _ Board of Examiners _ River Campus Board of Managers _ Girardeau Goes Green Advisory Board _ Show Me Center Board of Managers _ Golf Course Advisory Board _ Special Business District Advisory Commission _ Historic Preservation Commission Tree Board !� Special Qualifications for specific board(s) (include past board service): A0,r,11 ifesfVYk � t/�firr,✓) � !% State why you are interested in serving on this board: C7) Vle hr cJ fiJ t+t¢_ CcNYt�c� flit✓, ��✓f Ll IJ "." h.w OJ✓ 4OC4 cw�t�e Educational Background: Activities (Include offices held and committee service): G15�If.EI.'%06--O✓td)*� ?rt5;A,.,f 5i / a4,f z Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime X B. Morning Noon Afternoon Evening _ Anytime x Would you like to receive news from the City via e-mail? ® Yes ❑ No Would you like to attend a City Council Study Session when your H Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI I — ADVISORY BOARD APPLICATION Name Rol —�T CZN %�� /tn Telephone: Day Home Address 1 0 0 1 FM I LH Cli ettr Evening 335 !!p Cf E-mail Address CO nJ ( C Year Current Residence in Cape irardean Belgian Current Employer and Position Ss„t�t1,U11 Previous Employers and Positions �Yrf Number in priority order the Board(s) you are interested in Airport Advisory Board Board of Adjustment _ Board of Appeals _ Board of Examiners _ Girardeau Goes Green Advisory Board _ Golf Course Advisory Board Historic Preservation Commission Special Qualifications for specific State why you are offices held and committee service): time(s) convenient for you: Weekly _ B. Morning _Evening on? Parks & Recreation Advisory Board Planning & Zoning Commission Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board one in A and one in B) Monthly V Anytime Noon Afternoon Would you like to receive news from the City via e-mail? Would you like to attend a City Council Study Session when your application comes up for consideration? Anytime ✓ lkYes ❑ No 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 Signed ** Board Member Return to the City Date �( I Sheets are valid for one year from the date that they are signed. •'s Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. rJ, S SUBJECT Appointment of two members to the Golf Course Advisory Board for terms expiring September 11, 2014. EXECUTIVE SUMMARY Two terms on the Golf Course Advisory Board are set to expire September 11, 2014 These positions are presently held by Charles Heady and Robbie Guard. Both have expressed an interest in being reappointed, and their advisory board applications are attached. For your information also attached is a copy of the board roster. BACKGROUND/DISCUSSION According to Section 18-53(a) of the City Code, "A person appointed to the municipal golf course board shall be a taxpayer and qualified voter of the City. One (1) member of the municipal golf course advisory board shall be a member of Cape Jaycees and designated by that organization as its representative on the golf course advisory board. " Mr. Robbie Guard serves as the Jaycee representative. The following individuals have expressed an interest in serving on the board, and their board summary sheets are attached. Carolyn Blechle Timothy Lee David Milam Jerry Brey John McGowan Keith Sander Jerry Grim H. W. Meyr William Isbell Caryn Michel STAFF RECOMMENDATION It is recommended that two appointments be made to the Golf Course Advisory Board for terms expiring September 11, 2014. ATTACHMENTS • Golf Course Advisory Board Roster • Golf Course Advisory Board Attendance • Golf Course Advisory Board Applications CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees July 18, 2011 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. Colt Course Advisory Board Council member. ex -officio Serve three year terms, appointed by City Council. One member shall be a member of Cape Jaycees and designated by that organization is its representative. Regular meetings held fourth Thursday at Noon at the A.C. Brase Arena. Parks and Recreation Director and Golf Course Superintendent meet with Board. A City Council Member may serve as liaison. Staff itact — Julia Thompson, Parks & Recreation Director 339-6340. Date Appointed Date Reappointed Terns Expires Heady, Charles V. Jr. September 3, 2002 8/15/05 September 4, 2011 Robbie Guard (Jaycees) September 15, 2008 September 4, 2011 Eugene Farrar July 18, 2011 --- November 12, 2011 Chris Janet December 7, 2009 --- November 12, 2012 Jack Watts November 3, 2003 11/6/06; 12/7/09 November 12, 2012 Kenneth Bramlett November 1, 2004 11/5/07; 11/1/10 November 12, 2013 Robert Pastrick November 5, 2007 11/1/10 November 12, 2013 Kent D. Ward January 7, 2008 1/25/11 January 18, 2014 James Hastings, Chairman July 18, 2005 1/7/08; 1/25/11 January 18, 2014 Council member. ex -officio Serve three year terms, appointed by City Council. One member shall be a member of Cape Jaycees and designated by that organization is its representative. Regular meetings held fourth Thursday at Noon at the A.C. Brase Arena. Parks and Recreation Director and Golf Course Superintendent meet with Board. A City Council Member may serve as liaison. Staff itact — Julia Thompson, Parks & Recreation Director 339-6340. GOLF COURSE ADVISORY BOARD Attendance Record Ordinance effective 4/13/00 X = present, A = absent Jan Feb 20 24 Mar 24 Apr 28 May 26 Jun Jul Aug Sep Oct Nov Dec 1st 2nd 3rd termi- 23 28 25 22 27 24 22 letter letter letter nated Kenneth P P P P P ene 7Guard, inted-7/18/11`-' obbie P A P P P James P P P A P harles 12 P P P P P Janet, Chris A P P P P Pastrick, Robert P P P P P Wagoner, Charles JrP P P P P N longer no board; resi nedW i Ward, Kent A A P A P P 06/14/11 Watts, Jack P P P P P t. -.x I I - oF�+0000w�000r�r����� • ... - 04�0000��000�w������ 000000r.�000������ CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY tame Robbie Guard Home Address 2009 W. Cape Rock E-mail Address _robert.guard@regions Telephone: Day_573-986-3044 Year Current Residence in Cape Girardeau Began _June 5, 2008 Evening_450-33 Current Employerand Position _Regions Bank Commercial Relationship Manager Previous Employers and Positions _Nu Way Concrete (Sales Manager),Regions Bank, Mortgage Officer In which Board(s) are you interested? _Golf Board, Planning and Zoning, Parks Board Special Qualifications for specific board(s) (include past board service) Educational Background: Bachelor of Science in Public Relations with a Minor in Political Science Community Activities (Include offices held and committee service): Cape Chamber Beautification Committee. Chamber Young Professionals, Cape Girardeau Noon Lions Club, Cape Girardeau Jaycees (Vice - President), Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime _x B. Morning Noon Afternoon Evening Anytime _x Would you like to receive news from the City via e-mail? x Yes ❑ No I3y 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_ , P' Date 9/3/2008 ** 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. PROVED AUG 1 5 2008 CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name V, 4Eft(JV _)(C Telephone: Day 334�-�3 9 9 Home Address aq ,-j,,S Q[: LLa Vt STA Evening �fi ref E-mail Address k e on CP 1-1 -73 @ t1dL kOo . GO M Year Current Residence in Cape Girardeau Began n )9+s - Current 4SCurrent Employer and Positionl `STI 1�C� D /� S 6 F t S Og Previous Employers and Positions S0 I 4 WPr—Fg CE^j-T-E %L In which Board(s) are you interested? Go l" F U t -1 f �Dy i SO pY Special Qualifications for specific board(s) (include past board service) (S OLF: '�2D0 ftle-D Educational Background A�).S 2) Us.- /- d 0 • � M0 Community Activities M b. le offices held and committee service) D ufl lT�t' 6S S j .— AJ(jT2L- r ) ft -r --,v F. -4, S — rTH 'f'(zT- 1l D�(- �--r Meeting time(s) convenient for you: (Please check one inA and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Sig] ** Board Member Summary Sheets are valid for Date 1.3 )08 - from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Home Address E-mail Address / VA CITY OF CAPE GIRARDEAU, MISSOURI RECEIVED JUL 1'9 2011 ADVISORY BOARD APPLICATION Telephone: Day 333 -- Evening�� Year Current Residence in Cape Girardeau Began (" / '/ ' r Current Employer and Position SS Previous Employers and Positionsce r�ngp +0D b io �PtY Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment _ Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board 1 Golf Course Advisory Board Historic Preservation Commission Parks & Recreation Advisory Board Planning & Zoning Commission Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Qualifications for specific board(s) (include past board service): m P. w.bes a� LA 4et State why you are interested in serving on this board: l a cp;`y e T e Wi' e5 G,`f-(J l4 N A e C014 �S e SA Yo(f r q re05 t14A4q n Educational Background: Community Activities (Include offices held and committee service): Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime Would you like to receive news from the City via e-mail? ❑ Yes No Would you like toaattend a City Council Study Session when your X Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed Date - IL)l ** Board t ember 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. DECEIVED NOV 0 3 M0 CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name �� 2 ¢ 1 /g Telephone: Day 5--7 -3 S 3 - '%Y 3 S' Home Address 12-61 Evening E-mail Address J6!! 9.: O rLT, Al E,-,- Mobile 573 5'/9- faK G Year Current Residence in Cape Girardeau Began 1q9`7 Current Employer and Position 67-, ,tka Previous Employers and Positions L ✓ g e o /'J s , . `c ✓ , i S 4 Q 5 /74.✓4y4.�, Number in priority order the Board(s) you are interested in serving on? —Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission _ Parks & Recreation Advisory Board _ Planning & Zoning Commission Public Library Board _ River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board service): 54,e ✓/ag m,✓ 40o� j6da'e'7 /z yE� S i,✓ L.R-r.E /4>e -711 t✓ '7N i,✓�­e.efs! State why you are interested in serving on this board: To 14 P -c P 14-4 r� 4 6 r- 7rz�,< ®✓s c-, e Educational Background: S/ 1J _ �� p a✓ q sem_ /9 G / <J s se c. a fi r¢<e_ N 19-2ur-, c7v¢a.� O.4 -;::T I/ h Community Activities (Include offices held and committee service): Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly_ Anytime B. Morning Noon Afternoon Evening Anytime X Would you like to receive news from the City via e-mail? 19 Yes ❑ No Would you like to attend a City Council Study Session when your Vr Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed _ ���� Date //- d- /G ** Board Member Syf)frtarJSheets are valid -for one year from the date that they are signed Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name Telephone: Day S-73-534"5-9-3,3 Home Address 1104% R?6C(2AQ67 L�. CAP6 %3701 Evening-5-75-354-5r?33 E-mail Address I Grr�4 q y- I rYt (a,) CJ Year Current Residence in Cape Girardeau Began Current Employer and Position .- C701iF CC Previous Employers and Positions MCrr9-,G- 14 — 1,1&t . Number in priority orderthe Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners _ Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commision .S. ,Z Parks & Recreation Advisory Board _ Planning & Zoning Commission Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board As a- 4eztcl�v .-r rw-A-1ci l�cc/I'1 .,tate whvvnn are interested in servinp nn this hnard- Educational Background: Community Activities (Include offices held and committee service? Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime X B. Morning Noon Afternoon Evening Anytime X_ Would you like to receive news from the City via email? Yes ❑ No Would you like to attend a City Council Study Session when your ,� Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signedt*Boar V �J' Date % - ember Summary Sheets are valid for one year from the date that they are signed. n to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 637030617. CITY OF CAPE GIRARDEAU, MISSOURI RECEIVED ul'v- ADVISORY BOARD APPLICATION Name %%,"air 179, T.1'.6ef; Telephone: Day s`%? Home Address (' �,,. Tl /�iim//2 j Evening E-mail Address — Year Current Residence in Cape Girardeau Began o2 b a Mobile Current Employer and Position / o/ Previous Employers and Positions 127l S7 41>Allf A/0, 2?� A r- -/- n /,O, - //_ - . - - . - ,e ,/ - , /I - , i1 _ ,.,-. 4 - 1 ice_ _ 1.42 v;.,. Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board $ I Golf Course Advisory Board .4t3_j/'FIistoric Preservation Commission #2. ✓Parks & Recreation Advisory Board _ Planning & Zoning Commission -A4 �� Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission �i57 Tree Board Special Qualifications for specific board(s) (include past board service): OZ� (S ,p c. t%L' eCn /7/' Cou�f C .� 81r�. D t PO� �P P r e 7fl' e� Z4 , /OA-fAT /17 Wr, 2'/'y%�P , /Yl.f71' �/ Z4r,:72r 14 C0 �7GaA. State why you are interested in serving on this board: M -- y/ c < -/(7 C/ ti 2 or e7 Educational Background: Community Activities (Include offices held and committee service): Meeting time(s) convenient for you: (Please check one in A and 9ne m B) A. Weekly Monthly Anytime ✓/ / B. Morning Noon Afternoon Evening Anytime ✓ Would you like to receive news from the City via e-mail?❑ es Would you like to attend a City Council Study Session when your Id Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed /` c �R. ,- /%J- O� Date/ ** Board Member Summary Sheets are valid for one year from the date that ey are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Name CITY OR CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION )-e Home Address Dr Telephone: Day 3-3 y- O'7 qS Evening 3 �1 - T5 �, S .E -r nail Address r 5 pnwet lee 6� \e 00. CoM Mobile 2-00- 909 ) Year Current Residence in Cape Girardeau Began Z O 0-3 Current Employer and Position `'Y\e, Pr5ToPI- Previous Employers and Positions S C - F - E nn9�ny e oi� E f Number in priority order the Board(s) you are interested in serving on? 10 Airport Advisory Board ,25)_ Board of Adjustment Board of Appeals 1 �t . Board of Examiners t -V Girardeau Goes Green Advisory Board t � Golf Course Advisory Board _i Historic Preservation Commission 2 Parks & Recreation Advisory Board 3 Planning & Zoning Commission I Public Library Board 1 t River Campus Board of Managers 6 Show Me Center Board of Managers Special Business District Advisory Commission 12- Tree Board Sp,:cial Qualifications for specific board(s) (include past board service): M(5.5ouc:� J/isA-c- r Hoy-y\e . State why youareinterested in serving on this 1board: '% V\el t>�1 \` -6 4 e_ Edicational Background: 1�GG� e�iK �cc ree. i r e�'os Community Activities (Include offices held and committee service): C�cvl�ec 0-� Con).Nterc-f- Meeting tinte(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? LY Yes ❑ No Would you like to attend a City Council Study Session when your 171YYes ❑ No application conies up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) Signed consecutive months, will result in your position being automatically forfeited on the 6/IA IN T Date % Lto 10 Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Dlanager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION NameAHtd MCC-"Xluk -� /1 2�Telephone: Day'RS' 520q '9b3ci K i Home ess I -{-J, C'I12nn,c at-) .I .l;L `J'tyt (oNol Evening g E-mail Address �1PtRRd FSC (t2�(� Q(�LAA,�- LOMMobile SJ L 'Sc'�34 Year Current Residence in Cape Girardeau BeganGYq Current Employer and Position of/j Previous Employers and Positions M RaM IQEL Number in priority order the Board(s) you are interested in Airport Advisory Board Board of Adjustment _ Board of Appeals _ Board of Examiners Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission Special Qualifications for specific board(s) (include past board on? _ Parks & Recreation Advisory Board Planning & Zoning Commission Public Library Board _ River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board State why you ale interested in serving on this board: P�5 Pz Ou)w 11!�a ok M+V1 -J�x Celt 0 a �t W LCKs Z IAIW -,6 asstsl ,N Matmk'Ae. and ,nctxcc;�v lko✓lue /W. ,ri r d' / 1 Educational Background: �� -0yry 41 moi- AJ t5 PWRj - /K c5ot), '�_-_ x 01 o^. J NLL1o Activities (Include offices held and Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime 7c B. Morning Noon Afternoon Evening_ Anytime 1< Would you like to receive news from the City via e-mail? 0 Yes ❑ No Would you like to attend a City Council Study Session when your ® Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Signed Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return.to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name N. w . rr, Ere Telephone: Day 33'f- 300 (0 Home Address It Z 5 M AN v Evening 33 `t - 0-15 8 E-mail Address i-twrnejr P-hotynRZL.00m Mobile Year Current Residence in Cape Girardeau Began ( 016 5 Current Employer and Position Nn RPO M EYR A cc0utv,xC A Previous Employers and Positions Non C, Number in priority order the Board(s) you are interested in serving on? —Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners _ Girardeau Goes Green Advisory Board _I_ Golf Course Advisory Board Historic Preservation Commission _ Parks & Recreation Advisory Board _ Planning & Zoning Commission Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board service): State why you are interested in serving on this Educational Background: Community Activities (Include offices held and committee service): nnccc LAPF G%"moE-AU C-0kWzr ROTARY — PAST PRE62pFNT Q)p" p(bUT5 o� Ayn E2zc.N- EAGLcE �ycp., Bo P2n o-� Rry2EO Meeting time(s) convenient for you: (Please check one in A and one in B) A. weekly_ Monthly x Anytime_ B. Moming Noon k Aftemoon Evening Anytime Would you like to receive news from the City via e-mail? �] Yes ❑ No Would you like to attend a City Council Study Session when your `E] Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (d) absences in. any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Date 1 t e f X10 '+ Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name ( 4 r Un) /Ll� P Telephone: Day Home AddressEvening E-mail Address o .yAf o o . PAMobile 573 - o2 -,?,5- `1,0054 Year Current Residence in Cape Girardeau Began / / t11 17 Current Employer and Position Previous Employers and Positions r!�2u ).P JL e2 �u S % uPS S K 0'• /. 5P rt), r e C Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission Parks & Recreation Advisory Board Planning & Zoning Commission Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Qualifications for specific board(s) (include past board service): {ries % e eves � OP 57-{11e1/1,y5- 5190 /354 �hnr �r��ev �zir! SR —&-- --?Y , State why you are interested in serving on this board: (it) i aio Terms - % 16 4 ,X,I) A � o l a 67001 Educational Background: Grmde,'e./yoo! -GlG ;owr�l V Community Activities (Include offices held and committee service): /h Dar) i'w JPrl()'e-e toeip)rP�s - Jia�ov)ee c YF/,yo :�?Alrn — af"10;re- ford fi'rr{ O auwe.e_ik 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 1z Would you like to receive news from the City via e-mail? ❑ Yes ❑ No Would you like to attend a City Council Study Session when your ❑ Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed Date � -,21111 ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name lauicl (y, //�#,/" Telephone: Day 52.3-339-//f-7 Home Address /53 y &Pt 9;X41U " Evening 573 - 33 9 —/�1 ffi E-mail Address C//h ; A. C/t 42 G e Mobile 573 a 6 9 d Year Current Residence in Cape Girardeau Began _1f/ u Current Employer and Position RPS; A/C%tl� Previous Employers and Positions -rd, A SSo� ; Sq, G /�%• /%I ty /IPS. L47,1- S� Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board _ Board of Adjustment _ Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board ZGolf Course Advisory Board Historic Preservation Commission _ Parks & Recreation Advisory Board _ Planning & Zoning Commission _ Public Library Board _ River Campus Board of Managers _ Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for specific board(s) (include past board service): L2,10,11A State why you are interested in serving on this board: e f (;ap-> y �t Gey l'Gk./--z ct..I J Educational Background: & %/�' 51'A? 5. /j e55) "cX/�S,.,_. Community Activities (Include offices held and committee service): 41 1-7eea,n1117 Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime r/ / B. Morning Noon Afternoon Evening Anytime v Would you like to receive news from the City via e-mail? Yes ❑ No Would you like to attend a City Council Study Session when your ❑ Yes B -,No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Signed /�v Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Bos 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU,'MISSOURI ADVISORY BOARD APPLICATION Name �Qi� Sewn Telephone: Day 93.2-/96,v Home Address 2 (o /3 PLyMOLf-7t Evening 33.2 —/57 i E-mail Address y�SahC�e� /��/zitoo-CyY+�t Mobile JI37 1Pf Year Current Residence in Cape Girardeau Began / fw -/a -Fez h 4-t!e 20o y Current Employer and Position Previous Employers and Positic Number in priority order the Board(s) you are interested in serving on? !/ Airport Advisory Board ? Board of Adjustment 67 Board of Appeals i Board of Examiners L Girardeau Goes Green Advisory Board _L Golf Course Advisory Board /2 Historic Preservation Commission I/ Parks & Recreation Advisory Board Planning & Zoning Commission S Public Library Board 7 River Campus Board of Managers 6 Show Me Center Board of Managers Special Business District Advisory Commission 13 Tree Board Special Qualifications for specific board(s) (include past board service): /3aai1 /'t CM iuu — �m /Dyi� /�/ovw o0�:h•s� /Ly8— �t�w+bu fixlie /yPy State why you are interested in serving on this board: 1 A lo" de -1. _iv ratite � ec(e"e-Gd .fes- //7�yVlj !✓ /�i�i Nt ,1 �}%.,d�r_ �� 3._e� _ Educational Background: ra/ ffRd DS t;✓ sYt�vA�uir�� — Sf� G�ti� � Jf,�rL,.2lt tY v�.t- t Community Activities (Include offices held and committee service): Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly /Monthly Anytime' _ B. Morning _,Noon ' � Afternoon , Evening Anytime Would you like to receive news from the City via e-mail? ff Yes ❑ No Would you like to attend a City Council Study Session when your t[D�es ❑ No . application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences; or four (4) absences in any twelve (12) consecutive months, will result in .your position being automatically forfeited on the board/commission. % Signed Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Agenda: August 15, 2011 REPORT Staff: Kelly Green, Interim Director of d • Cuncil Development Services ' ' SUBJECT Request for Special Use Permit at 1000 & 1012 North Sprigg Street to allow self storage units in a C-1 (General Commercial) District EXECUTIVE SUMMARY It is the request of Emad and Marie Salamy to obtain a Special Use Permit to allow the construction of self storage units at 1000 & 1012 North Sprigg Street in a C-1 (General Commercial) District. The Planning and Zoning Commission heard the request at their meeting on August 10, 2011 and voted to recommend disapproval of the request. BACKGROUND/DISCUSSION At its meeting on August 10, 2011, the Planning and Zoning Commission heard a request from Emad Salamy to obtain a Special Use Permit for the construction of self storage units. Mr. Salamy also requested a variance from the required 20 foot wide bufferyard in the rear and south side of the property. The Planning and Zoning Commission recommended disapproval of the request for a Special Use Permit for self -storage units citing concerns regarding access to the proposed units. Amethyst Street to the south of the property is not improved; therefore people utilizing the self -storage units would have to go through the restaurant parking lot to get to the storage units, possibly with trucks or trailers. Also of concern is the close proximity of the proposed units to existing single family homes to the east and south of the property and possible disruptions to those nearby residences. If the Planning and Zoning Commission recommends disapproval of an application, the Council may set a public hearing upon its motion; or the Council may, by motion, file such recommendation of rejection and the application shall thereupon be deemed rejected unless, within 10 days from such filing, the applicant files a written request for a public hearing or makes an oral request therefore at a regular or special meeting of the City Council, whereupon the Council shall set such public hearing. If the Council chooses to set a public hearing, publication requirements could be met for the September 6, 2011 Council meeting. STAFF RECOMMENDATION Staff is recommending disapproval of the request due to access problems and the proposed location in relation to residential properties. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission is recommending that the request for this Special Use Permit be disapproved. The motion was made for approval of the request, with the vote being 0 in favor, 6 in opposition, and 1 abstaining. ATTACHMENTS • Staff Review/Action Form • Special Use Application Form • Zoning Map • Future Land Use Map • Aerial Map CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1253 LOCATION: 1000 & 1012 North Sprig¢ Street STAFF REVIEW & COMMENTS: Emad & Marie Salamy are requesting a special use permit for proposed self storage units in a C-1 (General Commercial) zoning district. 1keu� 8-1- ]t Planning Services Director Date Date Za!/ Date Planning & Zoning Co►nmission Public Hearing Posting Date: Z -1 Public Hearing Date: g (C t RECOMMENDED ACTION: �F�DS26� VOTE COUNT: Favor Oppose Abstain COMMENTS: i)�p�, e(Q "A-�L CCY1CeY n, o{ C�CC2s�5 i. pfc� ifvtT� 2� CITIZENS COMMENTING AT MEETING: P" xva Ralph Manton Planning & Zoning Commission Secretary City Council Action Public Hearing Posting Date: Public Hearing Date: Ordinance I" Reading Ordinance 2nd & 3'd Reading: VOTE COUNT: Favor Oppose Abstain ORDINANCE 9 Effective Date: City of Cape Girardeau Rezoning/Special Use Permit Application ❑ Rezoning or La Special Use Permit (Please check one) SECTION A 1. Description of project: 2. Street address of tract (or other location description): lV, 67,j za - f 3. Names and addresses of all legal owners of tract: J 0/ ��- 4. Present zoning classification: G� 5. Requested new zoning classification: IV114 6. Requested special use: 7. Person handling this application (name, address, phone number): 8. If tract is to be transferred, name and address of intended owner: For Office Use Only: Date Received in Planning Services Officer , z$-tt Received by:IM (� Revised 9/17/10 Page 3 of 6 City of Cape Girardeau Rezoning/Special Use Permit Application 9. 1 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): mnmp Date SECTION B Legal description of tract: Please attach a copy of the latest deed to the property. (If you do not have a copy of your deed, one can be obtained from the County Recorder of Deeds.) 2. Attach to this application a scale plat or map of the tract, on paper no larger than 11 inches by 17 inches; showing _the following (If you do not have a surveyor's plat of the property, items a and b can be obtained from the County Mapping and Appraisal Office, 573- 243-3123, in the County Administration Building in Jackson): a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section c. f. If requesting to rezone to the Planned Development District, please refer to the specific application requirements in Section 30-341 of the Zoning Ordinance. Revised 9/17f2010 Page 4 of 6 City of Cape Girardeau Rezoning/Special Use Permit Application SECTION C 1. List names and addresses of ALL adjoining landowners and neighbors that you have contacted directly in regard to the requested rezoning or special use permit. Include land which corners on your tract or which is across.streets or alleys as adjoining properties. (This information can be obtained from the County Mapping and Appraisal Office, 573-243-3123 in the County Administration Building in Jackson.) NOTE: Where:.a rezoning or special"use. permit is requested for part of a•larger platted tract;.adjoinihog owners are considered. as those adjoining the larger tract. NOTE .If.a,tract is,owned.byahe City of ,Cape Girardeau,.an envelope for the Gityproperty is not'needed Cont ct Yes o Adjoini 1 ref ❑ �.R2 ai"A6 11X ❑ Ef 4. GY❑ C4, 5. h� IP r lCle 9"'❑ ❑ s. 001/C3 U -c . C7 - W r3 Y1, ❑ 7. &Zje vn [ur2�^1 A// n ! ,�_ / n -7 1 Please attach additional sheets if necessary. Revised 9/17/2010 Page 5 of 6 City of Cape Girardeau Rezoning/Special Use Permit Application SECTION D State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. p 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. /V' J k"t 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? �U 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. 5. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. Revised 9/17/2010 Page 6 of 6 Zoning Map of 1000 & 1012 North Sprigg Street Request for a Special Use Permit for self storage units at 1000 & 1012 North Sprigg Street Zoning: C-1 (General Commercial) District Future Land Use Plan Recommends: Downtown Commercial 1000 & 1012 North Sprigg Street Requested Special Use: Selft Storage Units :... ........................... ...................................... ..................... i.. _ _ ....................... ..... e: Data Obtained from:' The City of Cape Girardeau GIS Proaram 7/26/2011 Legend Q 1000 & 1012 Nonh Spngg Street Parcels Zoning District R-2- SINGLE FAMILY URBAN RESIDENTIAL DIST. R-4- MEDIUM DENSITY MULTI FAMILY RESIDENTIAL DIST. ® C-1- GENERAL COMMERCIAL DIST. Future Land Use Map of 1000 & 1012 North Sprigg Street Request for a Special Use Permit for self storage units at 1000 & 1012 North Sprigg Street Zoning: C-1 General Commercial) District Future Land Use Plan Recommends: Downtown Commercial 1000 & 1012 North Sprigg Street Reauested Soecial Use: Self Storaae Units Data Obtained from: ie City of Cape Girardeau GIS Proaram 7/26/2011 MIXE[ i USE: Legend — Streets 1000-1012 NOM Spragg Street l Pamets ® High Density Residential Mined Use ® Downtown Commercial Institutional Aerial Map of 1000 & 1012 North Sprigg Street Request for a Special Use Permit for a proposed storage building ' Zoning: C-1 (General Commercial) District Future Land Use Plan Recommends t. Downtown Commercial x. 7-7777TM7� 1000 & 1012 North Sprigg Street m P quested Special Use Storage Buildln = A' �K� i AMETI Legend Streets 1000-1012 N Sprigg Street Parcels :1ji i �] 7� , -.TOWERS I�A< ttl tom. ` Data Obtained from: s t� The City of Cape Girardeau GIS Program 7/26/2011 L 0 45 90 t e 7 Legend Streets 1000-1012 N Sprigg Street Parcels Agenda: August 15, 2011 Staff: Heather Brooks, Assist. to City Mgr. SUBJECT Utility Assistance Program EXECUTIVE SUMMARY There is concern that the increase of the sewer fees on the City utility bills will have a greater impact on low-income households. Staff has communicated with local agencies to create a possible program to offer assistance. BACKGROUNDIDISCUSSION In order to fund the design and construction of a new wastewater treatment facility, sewer fees were increased effective July 1, 2011. While giving public presentations on the need for the extension of the capital improvement sales tax scheduled to expire 2017 and approval of bond issuance, the overwhelming concern was the impact to low income households. Agencies that work with low income individuals have also expressed concern over the rate increase and its potential impact. Based on the increase effective July I", the average annual increase for households is around $200. After consulting with United Way, Salvation Army, East Missouri Action Agency, and Community Caring Council, staff has created a possible program to reduce the impact on low-income households. The program would be limited to three years to provide low-income households time to adjust their budgets. Based on census information and other data available, we estimate that there are roughly 750 households that would need assistance. The annual assistance limits would step down each year with the first year set at $200, the second year set at $100, and the third year set at $50. Through a contract with a partner agency, the City would provide the funds and the agency would handle the requests for assistance including intake, needs assessment, and processing. With this program design and estimation- of need, the following funds would be covered with the current rate increase: $150,000 year one, $75,000 year two, and $37,500 year three. The contract would include a roll-over provision in case there are funds remaining at the end of the fiscal year that would offset the funds needed in the next year. Staff is continuing discussions with Community Caring Council and Salvation Army to compare services for the possible partnership. The cost for managing the program may run from $0 to 5% depending on the final program. If 5% is needed, the additional cost would be $7,500 for year one, $3,750 for year two, and $1,875 for year three. Staff would also work with the partner agency to develop eligibility criteria most likely drawn from state and federal standards.. For example, one of the guidelines for federal rental assistance is 50% of median income for a family of four which is $26,800. Disabled individuals will have similar guidelines, but there may need to be more case -specific decisions based on other possible income sources. GENERAL DIRECTION SOUGHT/SPECIFIC QUESTIONS TO BE ANSWERED If Council is supportive of. the .concept of assistance and the program design, a contract with either Community Caring Council or Salvation Army will be placed on the September 6`h agenda. Agenda: August 15, 2011 Staff: Heather Brooks, Assist. to City Mgr. Confidential SUBJECT Municipal Judge Contract EXECUTIVE SUMMARY The Municipal Judge's contract expires September 30, 2011. Judge Pearson will be present for her review during the September 6`h closed session. BACKGROUND/DISCUSSION Teresa Bright -Pearson has served as Municipal Judge since 2003. Her current contractual salary is $56,622.80. Below is a summary of the salary increases. During City Council discussions for the 2009 two-year contract, Council was not able to commit to a set increase due to the tight budget. However, the intent of the discussion was that if employees received an increase, the Municipal Judge would receive a similar increase. In 2010, employees did receive a I% COLA that was not applied to the Judge's salary. Therefore, staff would recommend that City Council take that into consideration when determining an appropriate increase. Additionally, employees have received a 2% COLA effective July 1, 2011. 2003 — $49,000 2004-0% 2005-3.35% 2006-3.35% 2007-4% 2008-4% 2009-0%- 009-0%2010 2010— should have been I% GENERAL DIRECTION SOUGHT/SPECIFIC QUESTIONS TO BE ANSWERED Please let me know if any additional information is needed for review of the Municipal Judge's Contract. ATTACHMENTS • 2009/2010 Municipal Judge Contract 0 Municipal Court Review Ms. Teresa Bright -Pearson 2530 West 4283 Road East Prairie, MO 63845 Dear Ms. Bright -Pearson: CITY OF CAPE GIRARDEAU Office of the Mayor and City Council 401 Independence P. O. Box 617 Cape Girardeau, MO 63702-0617 Telephone (573) 339-6320 Fax (573) 339-6302 Letter No. 09-230 September 22, 2009 This letter is to confirm our conversations regarding your continued employment with the City of Cape Girardeau. On behalf of the City Council, we are hereby extending our offer to you to continue serving as the Municipal Judge for the City of Cape Girardeau, Missouri. This offer is for a two (2) year term commencing on September 29, 2009 through September 30, 2011. The Municipal Judge is a part-time appointed position. You would serve a minimum of two (2) full days per week, holding open court on Tuesday and Thursday of each week, plus being available at other times to sign warrants and handle other matters which may arise. If you are not physically available at other times, you will make yourself accessible by cell phone, pager, fax, e-mail or other electronic means of communication. All of those means of communication will be provided on your equipment and at your expense. In addition, you will need to devote adequate time to the duties of the office in order to fulfill the requirements of the job in a professional manner. As compensation for your services, we would like to continue your annual salary of $56,623. Due to budget constraints, this contract does not include an increase at this time. However, the City Council intends to reevaluate future increases based on budget availability. If you wish to accept this offer of employment, please sign and date the bottom of this letter. We also want to thank you for a successful two years and we look forward to several more. Teresa Bright -Pearson Date: — Sincerely, Jay udtson ayor Lt� Municipal Court Report for 8/01/10-8/01/11 I. Municipal Judge-- Essential Functions A. Preside over Court on Tuesdays and Thursdays of each week with four dockets each day: 9:00 a.m. to 12 p.m. – pro se arraignment, plea, and sentencing docket 1:00 p.m. – attorney docket 2:00 p.m. – prisoner arraignment docket 3:00 pm to 5:00 pm – trial docket **On the second Tuesday and Thursday of each month the trial docket is replaced with probation revocation motions, and show cause orders. **On the second Tuesday of each month at 1:00 p.m. the usual attorney docket is replaced with the appointed attorney docket for indigent defendants. **On the second Tuesday and fourth Thursday of each month the Court adds a Hispanic docket (This docket is on an as needed basis.) B. On call at all times for arrest warrants and any problems which may arise in the Court office. C. Oversee administration of Court office and personnel. II. Progress and Changes in Past Year A. Court Policies and Procedures 1. Fine Schedule Changes ---Although I have made minor changes in fines over the past few years, I have not made major increases until this year. I try to review comparable city fines at least every couple years, and in past years I have found Cape Girardeau City fines on the upper end of fine schedules. This year, however, I noticed that several cities had raised their fines, and thus, I adjusted ours accordingly. This was the first major fine increase in about eight years. We increased most of our moving violation traffic fines from $55.50-$60.50 a citation to $75.50 a citation. Accident tickets went from $100.50 to $150.50. These numbers do not include court costs or enhancements when multiple vehicles or injuries are involved. We also raised non traffic fines where needed. We updated our posted violations bureau schedule with the new fines and also updated traffic envelopes for the police to disperse as tickets are given to the public. The cities I used for comparisons were Columbia, Florissant, Ballwin, Sikeston, Jackson, Branson, Joplin and Chesterfield. These were cities that I found comparable in population, geographic location, or municipal court caseloads. I increased fines near the end of May, but I have not seen an increase in revenue yet. I think this is due largely to a decrease in tickets this year. With the new fine changes, I have also asked the court personnel to track repeat offenders on minor traffic citations such as improper registration and expired drivers' licenses. This allows me to adjust fines in Court depending on the number of citations the individual has had over the past couple of years. 2. DWI Tracking—There were major changes in the DWI law for municipal courts last August. In order to ensure we are in compliance with the new law, the court clerk now checks every DWI defendant's history through the statewide DWITS system before we see them in court. DWITS is a statewide tracking system where law enforcement record DWI arrests and then continue to update DWI cases as they progress. This allows me to ensure we have jurisdiction in Municipal Court before taking up a case. If there are prior DWI cases resolved or pending the clerk notifies me and the prosecutor so appropriate action can be taken if our Court does not have jurisdiction. 3. Security—To aid in providing the best security for the public and personnel in the courtroom, the court clerk now notifies the bailiff before Court if anyone on our docket has outstanding warrants in N the city or another jurisdiction. That defendant is then removed from the courtroom and transported to the city jail before Court begins. Previously, I would call the defendants in the order of the docket and resolve any matters with a defendant in our Court before notifying the defendant that he/she had an outstanding warrant. By removing the defendant before court begins, I think it provides a safer environment for court proceedings as well as the public. If I need to see the defendant on the city's case later, the jailer simply brings him/her back when I take up the prisoner docket. 4. File Destruction—Court personnel have continued to work on the destruction of old files to provide better storage space. We are still several years behind and this process is very time consuming as the new destruction rules vary from when the files were originally stored. Also, we have updated our court software in the last ten years and thus, we are trying to record the appropriate data in our current software before destroying old files. We were able to make some progress this year but not as much as anticipated. We received approval for and destroyed 39 boxes of files. I have asked the clerk, Jenea Stafford, to give extra emphasis this year to the destruction of stored files, as the process becomes more difficult to maintain each year. 5. Prisoner Reporting Times—Pursuant to a request from Cape Girardeau Police, we have changed all prisoner report and release times to between 7 am and 7 pm. Although I was unaware until recently, there are times when there are no jailers present at the jail and thus, report and release times become difficult for the station commander. This new change should allow ajailer to be present when defendants either go into custody or are released from custody. This will reduce the city's potential for liability. B. Municipal Court Personnel and Training 3 I. Regional Conference—I attended the Missouri Municipal and Associate Circuit Judges Association (MMACJA) Regional Conference in Sikeston in March of this year. As this year's regional director, I prepared some of the material for the conference and also presented case law updates at the conference. Our conflicts judge, Associate Circuit Judge Gary Kamp, also presented some of the material at the conference. This conference gave me a chance to meet with other local municipal judges and discuss procedures and issues that arise in our courts. 2. Annual Courts Conference- I attended the Missouri Municipal and Associate Circuit Judges Annual Courts Conference in May of this year. Conflicts Judge, Gary Kamp, also attended this conference. This conference allows us to get required continuing judicial education hours. I prepared some of the material presented at this conference and also served on a panel of judges presenting information at the conference. This statewide conference for municipal and associate circuit judges provides essential information on potential changes to municipal courts . 3. Missouri Municipal and Associate Circuit Judges Association Board Meetings—As district director, I attended three MMACJA Board meetings at the Lake of the Ozarks this year. The meetings are on Saturdays in the months of October, January and March. These meetings allow the MMACJA board to discuss upcoming issues and legislation affecting municipal courts, as well as allowing the board to prepare for the regional and annual statewide conferences. I was reelected to the district director position this year at the annual conference and will be active again in preparing material for next year's conferences. 4. Court Clerk Training—Court Administrator, Jenea Stafford and deputy clerk, Dana Lawrence, attended the Annual Municipal Court Clerk Conference at the Lake of the Ozarks in May of this year. This training is essential for clerks when there are changes in procedures or laws that affect municipal courts. This 21 enables Ms. Stafford to keep her certification as a Court Administrator and allows Ms. Lawrence to work toward her certification. 5. Conflicts Judge—Associate Circuit Judge Gary Kamp is still serving as our conflicts Judge. He has not indicated any concerns at this time. I believe this has proved to be a very good arrangement for the city. 6. Contract Attorney and Hispanic Interpreter—We have a yearly contract with a Hispanic interpreter and a defense attorney to represent indigent defendants. We were able to resign contracts with those individuals in June of this year. While the dockets for the Hispanic interpreter have decreased, the number of defendants assigned to defense counsel has increased over the past two years. He was not willing to resign a contract for the same monthly fee. I communicated this information to the city manager's office and they were able to negotiate a new contract with the attorney for a raise in the monthly fee. This fee previously had not been raised since he initially signed with the city in 2007. 7. City Prosecutor—Last year at this time we were working with an interim city prosecutor, Kimberly Price. Since that time there has been a lot of turnover in the city prosecutor's position. We have actually worked with three prosecutors since Ms. Price and thus, we have not made a lot of procedural changes or improvements. The new city prosecutor, Greg Young, started in February of this year and he seems to be interested in moving forward with some new technologies for the Court. He has done a good job of working with the Court and learning our processes. III. Statistical Year to Year Comparison A. I have attached a four year comparison of cases filed, as well as monthly cash receipts. The number of cases filed this year is down in comparison of January to July 2010 verses 2011. On average, we are still collecting more per ticket, however, the lower ticket numbers have affected our revenues. On average, from January through July of 2010 we collected $106.81 per r ticket. In 2011, we have been collecting an average of $107.69 per ticket. 1. January—July 2010—there were 5,318 cases filed and $568,027.81 in case receipts. 2. January—July 2011—there were 4,288 cases filed and $461,805.33 in cash receipts. IV. Goals for Upcoming Year A. Paperless Court Procedures—We have been wanting to update our record keeping in Court for sometime but realize that this will be an enormous undertaking and large budget request. As the police are moving toward e -tickets, however, I feel the Court should pursue the same. Thus, this year I will be meeting with our software representatives to assess the costs and equipment necessary to process our files and court proceedings electronically instead of recording everything by hand. Currently, for every case heard in Court, I record the disposition by hand, the clerk records the disposition by hand and then enters that disposition in the computer. We are essentially recording everything that happens on each case three separate times while the defendant waits in Court. This is inefficient and.takes up a tremendous amount of time. There are only a few courts who have moved toward completely paperless proceedings but Poplar Bluff, Missouri is one those courts. I plan on visiting that court this year with my clerk to determine if this is feasible for us. I understand that the costs of becoming completely paperless may be prohibitive at this time. However, I believe that it is important that we start the process, as this is clearly the future of courts. I believe that Cape Girardeau should strive to be a leader in this respect. B. Municipal Fines and Punishment ---At our Board meeting for the MMACJA we have discussed the need for an increase in the fine limits for municipal courts. Our board has indicated that it would support such an increase, but the legislature will have to make the changes. Our liaisons indicated that they would be talking with the Municipal League to see if they would be advocating for such an increase from legislators. Municipal fines limits have not been changed in almost 30 years, so such an increase is needed. Although I am unsure whether the legislature will pass any changes this year, there does appear to 2 be a lot of support for such increases. I believe such changes in municipal court fines and punishment could benefit the city. Teresa Bright -Pearson Municipal Court Judge City of Cape Girardeau CAPE GIRARDEAU MUNICIPAL COURT CASES FILED JANUARY 2008 -JULY 2011 2008 2009 2010 2011 JANUARY 857 362 640 405 FEBRUARY 829 739 753 544 MARCH 775 897 940 784 APRIL 841 664 771 751 MAY 1,156 999 706 588 JUNE 614 777 635 695 JULY 883 979 873 521 AUGUST 731 912 901 SEPTEMBER 1,239 1,161 846 OCTOBER 1,027 1,091 562 NOVEMBER 714 724 529 DECEMBER 834 1,017 519 TOTAL:j 10,500 10,322 8,675 4,288 MONTHLY CASH RECEIPTS JANUARY 2008 -JULY 2011 2008 2009 2010 2011 JANUARY $ 82,164.00 $ 64,009.13 $ 87,098.87 $ 53,093.45 FEBRUARY 73,693.68 77,507.50 80,847.79 65,161.05 MARCH 67,620.00 69,997.50 95,697.95 82,505.43 APRIL 78,571.75 75,299.75 87,378.70 68,819.00 MAY 89,700.00 74,434.50 67,205.50 60,552.50 JUNE 61,337.00 81,769.88 68,349.00 69,750.00 JULY 74,444.50 88,954.00 81,450.00 61,923.90 AUGUST 81,962.00 86,539.05 73, 591.80 SEPTEMBER 93,132.28 98,106.57 74,035.10 OCTOBER 101,044.01 91,873.70 68,072.80 NOVEMBER 70,316.76 83,115.50 45,324.25 DECEMBER 89,720.95 79,773.90 55,523.75 TOTAL: $963,706.93 $971,380.98 $884,575.51 $461,805.33 Agenda: August 15, 2011 Staff: Heather Brooks, Assist. to City Mgr. SUBJECT Top five focus areas for Downtown Strategic Plan implementation for 2011/2012 fiscal year EXECUTIVE SUMMARY Old Town Cape submitted the attached document that provides details on the top five priorities for the 2011/2012 implementation of the Downtown Strategic Plan. _ BACKGROUND/DISCUSSION As part of the approval of the 2011/2012 contract with Old Town Cape for assistance with implementation of the Downtown Strategic Plan, Councilmember Voss requested that Old Town Cape identify the top five priorities for the upcoming year along with project details in order to have a better understanding of what to expect. The attached document was submitted by Old Town Cape to provide that information. While this document only represents the top five priorities, Old Town Cape will also continue to work on the other tasks included in the Downtown Strategic Plan. GENERAL DIRECTION SOUGHT/SPECIFIC QUESTIONS TO BE ANSWERED Ms. Mills is available for questions at a future study session if needed. ATTACHMENTS • Old Town Cape's Project Details Old Town Cape Strategic Plan Implementation 2011-2012 Priorities Tasks 1. CID 1, 29 (long term), 51 2. Streetscape (Broadway/Riverfront) 31, 59, 60 3. Wayfinding 24, 25, 58 4. Fa4ade Improvement 26, 27(ongoing), 45, 53 5. Business Retention & Expansion 35 Old Town Cape will also continue to work on additional tasks as they correspond to other areas they are working in or as additional opportunities arise. 1) Downtown Strategic Plan — Task 1, 29, 51 CID Roadmap - Revised July, 2011 Purpose: The establishment of a Community Improvement District (CID) is being pursued through grass roots efforts. A steering committee of property and business owners has been working since February 2010 to develop a district and fund services through a combination property and sales tax. The purpose is to fund services that would enhance and complement what the City of Cape Girardeau provides to the downtown area. The process of establishing a CID is very detailed and legal. The committee has outlined a step by step process. The role of Old Town Cape in the CID formation process is to assist and be a resource to the Steering Committee, providing necessary coordination, communication and other support as needed. 2011 January & February Meetings • Develop strategy for board seats • Begin discussions on Cooperative Agreement with City • Strategy for gathering information for petitions o Boundaries o Specific property information o Notary registration • Discuss Public Engagement o Key proponents o Major stakeholders o Potential opponents o Communication strategy & costs February- March • face-to-face meetings with major stakeholders • Revise district boundaries • Finalize services April — October • Broaden the public engagement • Develop agreement with City • Gather signature for CID Petition to organize district o Majority of property owners per capita o Majority of property owners per assessed valuation November • Signed & Completed CID Petition submitted to City Clerk • City Council Schedules Public Hearing • Notice by Certified Mail of Public Hearing • Publication of Notice of Public Hearing • Public Outreach and Communication Continues December • CID Public Hearing • City Council Adoption of Ordinance • Public Outreach and Communication Continues January 2012 • CID Board of Directors holds first meeting o Adopt by-laws & seal of the district o Approves budget & fiscal year o Establishes officers o Authorizes the imposition of Funding sources • CID Board passes resolution submitting the taxes to the voters and provides notice to County Clerk o Sales tax & property tax — registered voters in district are sole voters • Public Outreach and Communication Continues April • Deadline for return of Mail -In Ballots or voting by poll • If approved, Notify Director of the Department of Revenue May • Begin discussions for contract for services • Property Tax Hearing June/July • Sales Tax becomes effective January 2013 • Property Tax or Special Assessment becomes effective (need to clarify further) • Decrease Special Business District property tax levy to zero 2) Downtown Strategic Plan — Task 31, 59, and 60 Broadway Corridor Project Purpose: The Broadway Corridor Project is a City TTF4 project with additional streetscape elements provided through casino dedicated dollars. The scope of the project includes street and streetscape design and completion. Old Town Cape's role is one of support and liaison between the City and Broadway Corridor property and business owners. In addition, Old Town Cape will promote the project and support the businesses throughout construction. Specifically, Old Town Cape will use its marketing resources to raise awareness that businesses are open and operating throughout construction. In addition, Old Town Cape will, within the limits of its resources and information, alert the public of the construction schedule and alternative access to businesses. The purpose of Old Town Cape's involvement is to assist the City in communication and to support the Broadway businesses throughout construction by being a resource, liaison, disseminator of information and promoter of the businesses. 2011/2012 Goal: Old Town Cape will assist the City throughout the design and construction of the Broadway Corridor and Streetscape. This will include: • Old Town Cape representative sits on Broadway streetscape subcommittee • Assisting in the development of a standard design palette for streetscape fixtures and amenities for use both on Broadway and throughout the CBD • Disseminate information about the project and promote Broadway businesses o Social media o Website o Newsletters o What's Up Downtown e-mail newsletter o E-mails o Other outlets as accessible within the resources of Old Town Cape Schedule of Activities As a city project, the construction schedule will be determined by the City, its contractors and consultants. Old Town Cape will: • When and if public meetings are scheduled during any phase of the project o assist in planning, coordination and notification • Prior to construction start (within 1 month to 6 weeks of construction start) o Encourage business owners to develop their own unique marketing around how they will be managing construction in their location through their unique promotional materials (their website, newsletters, fliers, etc) o Encourage business owners to develop alternative access to their business (back door, delivery, etc) to be prepared for temporary limited access when it occurs in their block • When construction schedule is determined o Assist in disseminating information to business and property owners as well as citizens and visitors o Coordinate with other partners and media outlets a consistent message as disseminated from City Engineer's or Public Information Officer • As construction phases are implemented o Continue to keep interested parties informed about change in construction location (block, north or south side, etc) • As issues with specific businesses arise o liaison with business/City or entity or organization as necessary to address concerns or issues or to assist in finding a remedy to specific situation Prior to final completion of project • Project is not anticipated to be complete prior to July 1, 2012. However, as anticipated completion date is set, Old Town Cape will participate in planning for ribbon cutting, celebration, etc as decided by stakeholders. 3) Downtown Strategic Plan — Task 24, 25 & 58 Citywide Wayfinding Implementation Purpose: The citywide wayfinding implementation is a City project being funded with anticipated first- year income for the Riverfront Fund paid by the Isle of Capri. The project scope is to implement, with adjustments, a completed plan developed by consultants as part of a Preserve America Grant written and managed by Old Town Cape. Old Town Cape's role is one of support and assistance to the City in its implementation of the plan. 2011/2012 Goal: Old Town Cape will assist the City throughout the implementation of the citywide wayfinding plan with anticipated completion by December 2012. This will include Old Town Cape representative sits on City Wayfinding subcommittee to: o as set by City, work with consultants as hired by City for additional review to determine needed changes before implementation o when available, review and edit recommendations from consultants o when necessary, manage any necessary communications with downtown businesses or destinations as requested by City o as determined by City, assist in management of implementation o as appropriate or necessary , disseminate information about the project through o Social media o Website o Newsletters o What's Up Downtown e-mail newsletter o E-mails o Other outlets as accessible within the resources of Old Town Cape • When and if public meetings are scheduled during any phase of the project o assist in planning, coordination and notification Prior to final completion of project • Project is not anticipated to be complete prior to July 1, 2012. However, as anticipated completion date is set, Old Town Cape will participate in planning for ribbon cutting, celebration, etc as decided by stakeholders. 4) Downtown Strategic Plan — Task 26, 27(ongoing), 45, 53 FA4ADE IMPROVEMENT Program Purpose: The Facade Improvement Program, a partnership between Old Town Cape, Inc. the Industrial Development Authority of Cape Girardeau County, and the Cape Girardeau Area Community Development Corporation, provides financial assistance in the form of low interest loans to qualified property owners/tenants that want to make improvements to their building facades in the Old Town Cape area. The purpose of the loan program is to provide an incentive to upgrade and enhance existing properties. 2011/2012 Goal: Old Town Cape will continue to market and promote the program as an opportunity for property/business owners to improve their private property (as visible from street) Initial marketing strategy focused on Broadway and included: Press Release Newsletter information Merchant e-mails Hand delivery of flier Mail flier to property owners Personal contact with targeted locations Information at Connections meeting for Merchants and Business Owners 2011/2012 - Aggressively Promote program in all areas of Old Town Cape District Task #1: Utilize additional opportunities for marketing Public meetings (particularly regarding Broadway Streetscape) Additional Connections meetings Additional One-on-one conversations with property/business owners by staff and/or volunteers Re -send information through merchant e-mails Task #2: Process applications as presented to Old Town Cape Old Town Cape Subcommittee approve intent Forward for financial information If approved: move to design stage Task #3: Coordinate design assistance for loan applicants and for other qualifying property/business owners. Old Town Cape Subcommittee review and approve design options Task #4: Utilize loan program and design assistance to encourage appropriate improvements in district. Task #5: Assist property/business owner with city process associated with design improvements. Task #6: Utilize additional opportunities to encourage rehabilitation and facade improvement (new property owner, new business owner/relationship) 2011/2012 Goal: Loan fund first round completed by June 30, 2012 and improvements completed or in progress ($30,000). Goal: Utilize $5,000 design assistance for loan applicants and property owners expressing interest in loan fund but not completing process by June 30, 2012. Goal: Identifiable improvements made in district. (Goal of 3 facade improvements associated with program by June 30, 2012) 5) Downtown Strategic Plan — Task 35 Business Recruitment & Retention Purpose: Initial research began with expert volunteers for Old Town Cape strategizing how to recruit additional retail in the Riverfront District. The committee determined that in order to be successful in recruiting new businesses, the current business base needed to elevate their business models. Therefore, a new strategy, called Operation Main Street, was developed in partnership with Southeast Missouri State University's Center for Innovation and Entrepreneurship (CIE). This 12 week program has 13 businesses participating in the program where they have received one-on-one assessment of their business and financials, a secret shopper program, access to coordinated classes on branding, marketing, accounting software, having a web presence and the capstone of listening to your business. In addition to classes each participant receives supplemental one-on-one counseling from the CIE. Operation Main Street concludes August 18, 2011. 2011/2012 Goal: Old Town Cape will facilitate a meeting with all graduates of the Operation Main Street by November 1, 2011 to identify additional resources for the implementation of the strategies developed during the program. Task #1: Maintain consistent communication with CIE Staff to check progress of program and if any needs are arising by participants during the series. Task #2: Meet with half of the graduates by September 30, 2011. OTC is committed to addressing their needs and/or initiatives within three business days. Ask for qualitative feedback from the program to assist in development of the second round of Operation Main Street. Task #3: Meet with other half of graduates by October 30, 2011. Ask for qualitative feedback from the program to assist in development of the second round of Operation Main Street. Task #4: Follow up on progress from all graduates of Operation Main Street within six months (April 2012). 2011/2012 Goal: Meet with participants who signed up and didn't attend and/or dropped out of the program to address any needs or resources they may have by November 15, 2011. Agenda: August 15, 2011 Staff: Kelly Green, Interim Development Services Director SUBJECT An update on the Broadway. Corridor Enhancement project. EXECUTIVE SUMMARY City staff gathered and tallied comments received from the July 12, 2011 public meeting. Option two garnered the most votes with many additional comments favoring the lighting from option one. BACKGROUND/DISCUSSION The Broadway Corridor Enhancement project limits are from Pacific Street to Water Street. The first public meeting was held on May 23rd at the Discovery Playhouse. City staff and project consultants went to the meeting with a blank slate. We wanted to see what the public thought the feel and look of Broadway should be. The concept of streetscaping was explained and many examples were shown. The public was then invited to draw and write comments on maps depicting the corridor. From this meeting came excellent ideas which the consultant took and came up with 4-5 concepts. After the design team and project consultants met and discussed all 4-5 options, two options emerged as viable streetscaping concepts. These two design options were presented at a second public meeting held on July 12th at First Presbyterian Church. The public was invited to look at the two options, ask questions, and fill out comment sheets with what option they liked best or what pieces of each option they liked. Option one showcased more traditional furnishings such as lighting, benches, trash cans, etc. and kept parking on both sides of the corridor. Option two depicted more modem and contemporary furnishings and eliminated parking on the north side of the corridor thus creating a pedestrian promenade. Once all comment sheets were reviewed from the second public meeting, it was clearly evident that option two with the lighting from option one (traditional lighting) was the favorite. City staff then held two more open houses for property owners and business owners on the north side of Broadway to discuss any specific concerns they may have. The open houses were held at Calix Coffeebar, on the north side of the corridor, on July 26th and July 27`x'. The project consultants are now proceeding with the final design utilizing the above mentioned recommendations. Additionally, the consultants will take into account all written comments and may modify the design in those particular cases. ATTACHMENTS 0 Option two layout and option one furnishings. Streetscape Option 2 'Pedestrian Area' Special Pavement (Pavers) with Sculpture Opportunity Special Pavement Crosswalk (Colored Concrete) Shaded Pedestrian Promenade Promenade Furniture /Amenities -Benches • Trash Receptacles • Seating • Sculpture /Art • Signage Decorative Lighting Fixtures Canopy Trees Decorative Pedestrian Scale at Intersections and Alleys Decorative Pedestrian Scale Lighting at Intersections Permeable Paving Scored Concrete Pavement Raised Crossing at Alleys Special Pavement (Colored Concrete) Flush with Sidewalks Special Paving Ramps up to Crosswalk rM 1111-1 Broadway Corridor Enhancements ®s a, r ,", ■■may Cape Girardeau, MO "°'""" "` t IFRINING Option 1 Concept Images — Site Furnishing and Lighting ;, _" you uvano 4iIf0UP� tay Corridor Enhancements Cape Girardeau, MO AIRPORT BOARD MINUTES June 14, 2011 CAPE AVIATION CONFERENCE ROOM Members Present: Justin Albright, Robert Cork, John Dissauer, Rick Hetzel, Brian Ozark, Bill Tucker Others Present: Bruce Loy, Airport Manager; Derrick Irwin, Cape Aviation Supervisor; Ken Eftink, Development Services Director/Assistant City Manger L MINUTES OF PREVIOUS MEETING The meeting was called to order at 5:04PM. Mr. Dissauer moved and Mr. Cork seconded the motion to approve the May 2011 minutes. The motion passed by unanimous vote. II. APPEARANCES None III. OLD BUSINESS A. Airport Activity Report - Mr. Loy presented an Airport Usage Report for May 2011. He reported that the airline enplanements were up 35% even with five (5) cancellations due to weather. Additionally, the air traffic count was up by 11%. B. Cape Aviation Report - Mr. Invin presented a Cape Aviation Fuel Report for May 2011. Mr. Irwin reported fuel sales were up approximately 16%. He noted that current fuel prices were $5.80/gal for IOOLL and $5.34/gal for JetA. C. Project Updates — Hangar/Lease Developments — Mr. Loy reported to the Board that construction is expected to begin very soon for the hangar floor of the Mothershead lease. Mr. Loy also reported that he is still waiting on FAA approval. Mr. Loy reported that current plans for the new Salmon hangar and potential road construction north of the Drury hangar has been put on hold due to the most recent events regarding Clay Waller. Mr. Loy and Mr. Eftink updated the Board on the current situation with Commander and advised them that as of this date, Commander had not vacated the facility after receiving a thirty (30) day eviction notice submitted and received by CPAC on May 16, 2011. Discussion continued regarding legal options for the airport and City to vacate Commander from the premises. Additional discussion related to the legal rights of Jim Richards and potentially others who might have a security interest in Commander assets. As a result, Mr. Dissauer motioned to recommend to the City Manager to not enter into any contracts to any individual or company claiming to possess a security interest in the Commander facility. Following discussion, the motion was approved unanimously. Mr. Dissauer made a second motion to also recommend to the City Council to not enter into any contracts to any individual or company claiming to possess a security interest in the Commander facility. Following discussion, the motion was approved unanimously. ATCT Update - Mr. Loy presented the Board with an air traffic comparison report for Missouri airports as provided by the Columbia airport. The data compared air traffic operations for the first four months of calendar year 2011 for Jefferson City, Columbia, Cape Girardeau, Joplin, St. Joseph, and Branson. The data indicated Cape Girardeau ranked second only to St. Joseph which obviously sees a tremendous amount of military traffic. Several board members noted that the ATCT hours of operations in Cape Girardeau were the least of the six (6) airports listed yet Cape Girardeau still ranked second. Discussion continued regarding airport tower hours and how high Cape Girardeau might rank with the air traffic counts reflected by longer hours. 2012 Air Festival — Mr. Loy reported that he and Katrina had completed research with the local hotels regarding the three potential air festival dates selected by the air festival committee, and discovered the hotels varied on which dates were best for occupancy and best rates. It was clear, however, that the July 201h and 21" date was not the favored date based on other events already booked. Mr. Loy noted that in his opinion, June 291h and 30`h would be the optimal date based on the ability to market close to the July 4`h holiday. Although this weekend falls within the City's current fiscal year, Mr. Loy did receive approval from the City Manager and Finance Director to proceed with these dates based on the ability to break even. IV. NEW BUSINESS A. None V. NON AGENDA ITEMS A. Airport Flooding — Mr. Loy reported that Stacey Beasley from the City Stormwater Department has agreed to assess the stormwater drainage issues at the airport resulting from last month's flooding. It is expected that Mr. Beasley will work with Ray Kelly to determine if the culvert underneath Taxiway Delta and Runway 02 is obstructed or if there are other drainage issues on the airfield. Discussion continued on this subject. This meeting was adjourned at 6:57pm Minutes prepared by, Katrina Amos Airport Administrative Coordinator BOARD OF EXAMINERS MINUTES City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63702-0617 July 6, 2011 To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Ladies and Gentlemen: The Board of Examiners meeting was called to order on Wednesday, July 6, 2011, at 7:00 p.m. The minutes of the June 1, 2011 meeting were approved. Review of Examination Applicants The Board reviewed the qualifications of the following applicant for examination for journeyman plumber license. 1. Tim Finley Journeyman Plumber APPROVED Dennis Coomer made a motion to approve the application of Tim Finley to take the Journeyman Plumber's exam. Tim Pinkley seconded the motion. The motion passed 6-0 in favor. BOARD OF EXAMINERS MINUTES July 6, 2011 Page 2 Other Business Chairman Dan Stitz opened discussion with the board about amending the Code of Ordinances pertaining to the length of time when someone can use a test result to obtain a license. Following a brief discussion, the board decided 12 months would be a length of time that could be amended into the ordinance. Dan discussed with the board setting up a meeting for further discussion and wording of the ordinance. The chairman asked staff to prepare a draft amendment. Adjournment Dennis Coomer made a motion to adjourn the meeting; George Reutzel seconded the motion. The motion passed 6-0 in favor. The meeting adjourned at 7:10 p.m. The next regularly scheduled meeting of the Board of Examiners is August 3, 2011 Respectfully Submitted, George Reutzel Secretary Present: Dan Stitz, Dennis Coomer, Marcus Wicks, James Bowling, Tim Pinkley and George Reutzel Absent: Staff: Tim Morgan and Dianna Barnes Cape Girardeau Goes Green Advisory Board July 12, 2011 Meeting Minutes Cape Girardeau Public Library 711 North Clark Street Call to Order Chairperson Red Redinger called the meeting to order at 7:00 p.m. Attendance The following Board Members were present: Sam Blackwell, Marcus Janzow, Steve Overmann (Secretary), Red Redinger (Chair), Walter White, and Glen Williams. The following Board Members were absent: Adam Gohn, Shaun McClintock The following City Representatives were present: Pam Sander (City Staff Liaison). The following City Representatives were absent: Debra Tracy (City Council Liaison). Guests: Wade Hutson. III. Announcements Wade Hutson introduced himself. He had heard about the group and was curious. He works with Heartland Alternative Energy on energy efficient lighting, wind turbines, and solar panel arrays. Board members made self introductions around the table. Pam distributed a memo from Ken Effink, Assistant City Manager, describing City energy efficiency upgrades accomplished with funds from the Energy Efficiency and Conservation Block Grant. Steve asked if this information would be posted on the City website. Pam thought it would be posted, but she will check. Red announced that the City would be receiving a Safe Routes to School grant for approximately $250,000. The grant would allow sidewalk improvements to encourage students to walk to school. Walter indicated that he had a friend interested in the Advisory Board. Pam said that the person should contact Gayle Conrad about an application. IV. Approval of June 14 Minutes Sam called attention to an error in the June 14 minutes. The first sentence in the second paragraph under D. Transportation should read, "The Transportation Focus Group suggested that the Bicycle Advisory Committee start a 'Share the Road' day to promote awareness of improved bicycling facilities in the community." The minutes had erroneously attributed the suggestion to Sam. This correction was made. Following the correction, a motion for approval was made by Glenn and seconded by Sam. Approval was unanimous. V. Update on Focus Group Activity A. Energy Red indicated that the Energy Focus Group meets the Tuesday following meetings of the Advisory Board. Red said that at the last Focus Group meeting, Pat Koetting with Go Green Construction attended. Pat is going to find information for calculation of the cost of white roofs for City buildings. Red indicated that Go Green Construction recycles asphalt roofing materials from old roofs, rather than landfilling the materials. Red stated that the Focus Group was interested in comparing paper towels vs. air dryers in restrooms. Pam said that she would check on which City buildings have paper towels vs. air dryers. B. Outdoor Sustainability Marcus indicated that the Focus Group had not met. He stated that the group is still working on the naturalization project. Activities include compiling a list of species to be planted, deciding upon signage and description of environmental benefits. Marcus indicated that he needs to work with Pam and the new Parks and Recreation Director to update them and coordinate on the naturalization project. C. Waste Management Steve reported that the Waste Focus Group had met. The Waste Focus Group concurs with the Bicycle Advisory Committee and the Transportation Focus Group that efforts should be made to provide additional street sweeping on those streets with heavy bicycle traffic. Steve said that the Focus Group recommends that the City determine costs required for any needed repair to the second street sweeper and to make operation of the second sweeper a City priority. Pam thought that operation of the second sweeper maybe due to manpower needs, not just equipment problems. She indicated that she would check with the streets department about this. Pam asked what streets in the City are currently problems for bicyclists. Glenn said that he would work on providing this information. There was brief discussion about potential use of release time inmates and court -assigned community service personnel to provide manual sweeping of problem bike lane areas. Steve indicated that the Focus Group had also discussed improvement of glass recycling in the City. Pam indicated that many communities that had moved to single -stream recycling had dropped collection of glass. Steve inquired about the status of the Waste Survey and Recommendations Report. Pam stated that she had met with Tim Grambling, Steve Cook, and Mike Tripp regarding the report. Pam had prepared a written summary of the meeting. However, Tim Grambling had not yet reviewed and approved the summary. D. Transportation The Focus Group had met. Mark Langenfeld attended the meeting. The Group will work with Langenfeld and the Bicycle Advisory Committee to provide Pam a list of trouble spots for bicycling. There was discussion of roads in the City that should be top priorities for bicycle lanes. Mark Langenfeld has indicated willingness to help organize a Share the Road day to promote greater bicycling awareness. There were some ideas for participating groups and sponsors for a Share the Road day. Judy Cureton asked if the Advisory Board should have had input on decisions regarding parking on Normal and West End streets. Pam suggested that Debra Tracy would be the best person to address that question. Mark Langenfeld volunteered to meet with Heather Brooks to discuss if there were any City functions that could be carried out by bicyclists. The Focus Group also raised the question about City use of deicers and if City snow plows could use less salt on the roads in the winter. The new federal building has charging stations for electric vehicles. Also, there will be an event in the City this fall regarding electric vehicles. A question was raised whether the City had a brochure on "Greening Your House"? Pam said that she was not aware of such a brochure, but she would check. VIII. Adjournment The meeting adjourned at 7:44 p.m. The next meeting will be held August 9, 2011 at 7:00 p.m. in the Cape Public Library. Respectfully submitted, Stephen R. Overmann MINUTES BOARD OF APPEALS City of Cape Girardeau P.O. Box 617 Cape Girardeau, Missouri 63702-0617 July 14, 2011 The Board of Appeals met on Thursday, July 14, 2011 at 7:00 p.m., in the Council Chambers, City Hall, at 401 Independence Street. Members Present: Dave Pfeiffer, Joe Burton, Melanie Cantrell, Tony Sebek, Paul Grebe, Farris Nabors and Mike Annis (alternate) Members Absent: Dave Alberson and Tom Phillips (alternate). The meeting was called to order at 7:00 p.m. by Vice -Chairman Joe Burton and the roll was called. Motion was made by Melanie Cantrell to accept the minutes from the June 9, 2011 meeting; Tony Sebek seconded the motion. The motion passed 7-0 in favor. Discussion of 2008 National Electrical Code. Vice -Chairman Joe Burton opened the discussion of the 2008 National Electrical Code; Board member Mike Annis wanted to talk about Section 210.12 "Arc Fault Circuit Interrupter" he informed the board the arc fault receptacles at this time are not available. He indicated for a 1,500 square foot house the cost per house for the arc fault breakers will add additional 750 dollars. No information has shown this issue will prevent fires, but the arc fault breakers does have a design flaw, many times when a appliance is plugged in which contains a motor it will trip the breakers. The board feels this design flaw will cause the customers unnecessary problems with their homes. Dave Pheiffer made a motion to adopt the 2008 National Electrical Code. Melanie Cantrell seconded the motion, with a show of hands the vote passed 7-0. Mike Annis made a motion to amend the 2008 National Electrical Code Section 210.12 (B) to read "All 120 -volt, single phase, 15- and 20 -ampere branch circuits supplying Board of Appeals Meeting Minutes Page 2 outlets installed in dwelling unit bedrooms shall be protected by a listed arc -fault circuit interrupter, combination -type, installed to provide protection of the branch circuit'. Farris Nabors seconded the motion, with a show of hands the vote passed 7-0. Discussion opened by Mike Annis regarding carbon monoxide alarms outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units within which fuel fired appliances are installed in dwelling units that have attached garages. Mike suggested to the board this section of the 2009 International Residential Code be amended. Tony Sebek does feel this is a life safety issue and does not feel comfortable deleting this from the code. Being there was no other business at this time; a motion was made to adjourn. The meeting adjourned at 7:18 p.m. The next meeting of the Board of Appeals is scheduled for August 11, 2011. Respectfully Submitted, Farris Nabors Secretary BOARD OF ADJUSTMENT MINUTES CITY OF CAPE GIRARDEAU P. O. Box 617 Cape Girardeau, MO 63702-0617 July 27, 2011 To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Ladies and Gentlemen: The Board of Adjustment met on Thursday, June 2, 2011, with regular members Dan Little, Mark Buerck, William Whitlock and Tim Kelley and alternate members James Matchell and Krisinda Cook present. Larry Caldwell and Edward Hart were absent. Chairman Little called the meeting to order at 7:00 P.M. The Chair called for a roll call of the Board. Roll call resulted in a quorum present. Mr. Little called for approval of the minutes of the April 7, 2011 meeting. Mr. Buerck motioned for approval as submitted. Mr. Whitlock seconded the motion. The minutes were approved by unanimous voice vote. Chairman Little called for the first public hearing on the agenda which was a request of Richard and Debbie Galemore to vary the front yard setback in an R-2 Single Family Urban Residential District on property located at 1588 Helmsdale Drive. No representative of the applicants was present. Mr. Dan Penrod appeared in opposition to the variance. Mr. Penrod lives at 1596 Helmsdale which is adjacent to the lot in question. Mr. Penrod opposes the granting of a variance that would result in the misalignment of the front elevation of the adjoining residences. The item received no action at this time due to the lack of a motion. Chairman Little called for the second and final public hearing on the agenda which was a request of Cape Riverview 2, LLC to vary the required number of parking spaces in an R-5 High Density Multi -family Residential District for property located at 319 Park Drive. The Board members discussed this issue briefly prior to the call for a motion. This project is the renovation of an older apartment complex and is limited as to any additional area for parking. Mr. Buerck motioned for approval of the request to allow the planned 56 parking spaces for the 43 living units available. Mr. Kelley seconded the motion. Motion passed by the unanimous roll call vote of those members present. Chairman Little called for a motion to approve the Findings of Fact and Conclusions of Law. Mr. Whitlock motioned to approve with Mr. Matchell seconding the motion. Motion was approved by unanimous roll call vote. Board of Adjustment Minutes Regular Meeting of June 2, 2011 Page 2 of 2 Chairman Little called for any other business not on the agenda. Hearing none, the Chair called for a motion to adjourn. Mr. Buerck moved to adjourn, Mr. Kelley seconded the motion. Motion carried by unanimous voice vote. Respectfully submitted, Edward Hart Secretary Present: Little (R), Whitlock (R), Buerck (R), Kelley (R), Matchell (A), Cook (A). Absent: Caldwell (R), Hart (A) Staff Liaison: Mike Conrad DRAFT Planning and Zoning Commission City of Cape Girardeau 401 Independence Street Cape Girardeau, Mo. 63703 (573)339-6326 MEETING MINUTES August 10, 2011 Present: William Hinckley, Wayne Bowen, Ralph Maxton, Raymond Buhs, Thomas J. Welch, Scott McClanahan, and Charles O. Haubold, Jr, Absent: Trae Bertrand and Marcia Ritter Staff Present: Kelly Green, Martha Brown, and Carol Peters Call to Order. Chairman Hinckley called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the July 13, 2011 meeting were unanimously approved upon motion made by Mr. Haubold and seconded by Mr. McClanahan. Action Item 1. Discussion and voting was held regarding the request to rezone property at 820 North Sprigg Street from the C-1 (General Commercial) District to the R-5 (High Density Multifamily Residential) District. This application was tabled at the July 13, 2011 meeting pending revisions from the applicant. Mrs. Melanie Cantrell with Gertis, Lester, Dameron & Associates, Inc. spoke for the application. Mrs. Cantrell explained that changes have been made to the plan which included moving the apartment building back to allow separate parking between the residential and commercial uses. The revised plan also shows the required green space. She mentioned that if the City vacates that portion of Frederick Street, for which they have made a request, a subdivision plat will be created to divide the parcels. Mr. Haubold made a motion, seconded by Mr. Welch to approve the rezoning request at 820 North Sprigg Street. The motion passed by a unanimous vote. Public Hearings 2. A Public Hearing was held for a Special Use Permit request for the construction of self storage units in a C-1 (General Commercial) District at 1000-1012 North Sprigg Street. Mr. Hinckley excused himself from the discussions pertaining to the Special Use Permit and variance request at 1000-1012 North Sprigg Street and asked Mr. Haubold to hold the hearings. Mr. Emad Salamy, property owner, explained he was requesting a special use permit to allow for the construction of ten self storage units in the rear of his property as a way to clean up the property and allow storage areas for the students across the street at Southeast Missouri State University. Mr. Welch asked about the parking arrangements for the restaurant which is at the front of his property. Mr. Salamy explained that parking for the restaurant is on the side and back of the building with an extra 30' — 40' of open space in the back. He also explained a retaining wall would be built to deal with the grade variance in the rear. Ms. Brown stated that city staff had concerns with the parking situation and space available for trucks and trailers to maneuver around parked cars and also concerns of being in close proximity to residential units. No one from the public spoke in favor or opposition to the request. A motion was made by Mr. McClanahan and seconded by Mr. Buhs to approve the Special Use Permit. DRAFT Planning & Zoning Commission Minutes July 13, 2011 Page 2 The Commission recommended denial of the request with a vote count of 0 in favor, 6 in opposition and 1 abstaining. 3. A Public Hearing was held regarding a variance request from Section 25-805, Bufferyards at 100071012 North Sprigg Street. Mrs. Cantrell explained, on behalf of Mr. Salamy, that a variance is .requested from the 20 foot wide bufferyard requirement in the rear and south side of the property due to the location of a culvert. Mr. Salamy stated his goal is to clean up the shrubs and brush on his property by constructing the self storage units. No one from the public spoke in favor or opposition to the request. Mr. McClanahan made a motion which was seconded by Mr. Maxton to approve the variance request. Mr. Bowen expressed concerns with allowing the variance and the construction of self storage units affecting property values in the area. The Commission voted to recommend denial of the variance request with a vote count of 0 in favor, 6 in opposition and 1 abstaining. 4. A Public Hearing was held to consider a variance request from Section 25-604, Fences submitted by Andrew and Amy Blattel at 3806 Carolewood Drive. Mr. Blattel presented his request to the Commission stating several instances with a neighbor who has caused him and his family to feel unsafe in their own yard. He explained that a six foot privacy fence in the front yard was being requested to alleviate those problems with the neighbor so that his children could play in the yard without being watched. The proposed fence would continue from the side yard into the front yard up to the City's right-of-way. No one from the public spoke in favor or opposition to this request. Mr..Haubold made a motion, seconded by Mr. Bowen to approve the variance request to allow a six foot privacy fence in the front yard. The Commission approved the request with a vote count of 7 in favor, 0 in opposition, and 0 abstaining. t Subdivision Plat 5. The Commission reviewed a Record Plat of Georgia Place Subdivision. Mr. D. J. Roth was present to represent the request. Ms. Brown informed the Commission that variances were requested for the minimum lot width and size for the proposed lots, but staff is recommending approval of the plat since the lot sizes are consistent with other lots in the area. No one spoke in favor or opposition to the request. A motion was made by Mr. Maxton, seconded by Mr. McClanahan for the approval of the record plat. The plat was approved by the Commission with a vote count of 6 in favor, 0 in opposition, and 0 abstaining. Adiournment Upon motion made by Mr. Bowen, the meeting was adjourned unanimously at 7:45 p.m. Respectfully submitted, Ralph C. Maxton Secretary