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.
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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).
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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
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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
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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.
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(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
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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.
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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.
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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:
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(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.
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(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.
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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;
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(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.
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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.
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(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
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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.
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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.
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(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
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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:
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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.
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(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
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-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.. -
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.-, . '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
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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
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anger Date
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Posting Date for Planning and Zoning Commission Public Hearing:
I..............................................•......:........................
Planning and Zoning Commission Recommendations:
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Posting Date for City Council Public Hearing: i - 10-
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Council Action:
Favor:
Oppose:
Abstain:
Revised srz7as,
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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
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- = 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
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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
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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
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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
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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
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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
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-
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Went with Ne Lath fine .f nm an60Mti.n, a Ln.. of 459.38 fat to Uw pmt of bo inig,-Nmie.cantinm9
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Int; Nmce Nath 8916'31' West 797.71 Tal thence So.lh o29]'0' Wort 175.90 fool: thence Sooth 6716'56'
- u
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0 'OF Ecnt 2151 IM to Ne pmt of beginning on, crits g 7.220 score feet more or Im
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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 ..._.............
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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
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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